Southampton planning commission approves rezoning for White Franklin solar project; CUP tabled pending battery and decommissioning details

The Southampton County Planning Commission on July 16 voted unanimously to rezone roughly 100 acres along General Thomas Highway to allow the White Franklin Solar Plus Storage project, but left the project's conditional-use permit unresolved after commissioners said they needed more detail on battery siting and decommissioning terms.

The rezoning vote authorizes changing the parcel's zoning from A1 (agricultural) to M1 (limited industrial) to accommodate a 20-megawatt solar array paired with an 8-megawatt battery-energy-storage system. Mr. Prince, the county staff member who read the application, identified the applicant as William Pham of Synergy Power/BAT Power, LLC.

Why it matters: Commissioners signaled support for the project's site selection and financial proffers but stressed that the county must have explicit, enforceable protections for public safety and for eventual decommissioning before construction permits are granted.

Kevin Osborne, Synergy Power's project lead, told the commission the facility would occupy roughly 71 acres of a larger parcel and comply with county standards and industry battery-safety tests. "This is a 20 megawatt utility-scale solar project and it's 8 megawatt battery storage," Osborne said. He pointed to NFPA 855 and UL 9540A as the battery standards the company will meet and said the site plan retains tree screening around the parcel perimeter.

William Pham, who described the siting agreement with the county as legally binding, said the developer has proffered about $920,000 in cumulative payments and supports local emergency responders. "The siting agreement is actually a legally binding document that we negotiated with county council to ensure that if the project moves forward, we are legally bound to pay the incentives the proffers we promised in the agreement," Pham said.

Commissioners pressed developers on several technical details. Questions included whether the fencing included barbed wire (developer: "total height is 7 ft"), how the proffered revenue-share is structured over early years versus later state-required levels, and how an independent appraisal and bonding process would determine decommissioning costs. The developer said decommissioning valuations would be conducted by independent engineers, reviewed every five years, and covered by a surety bond.

Multiple commissioners raised specific concerns about the battery-energy-storage area, asking for container footprints, setback distances and clearer life-safety details. One commissioner said he could not in good faith vote on the CUP without a zoomed-in battery plan; another worried a drafting loophole could let a future landowner sign away removal obligations. The developer agreed to provide the requested site drawings and language clarifications within a week.

The commission approved the rezoning in a roll-call vote recorded as unanimous. After the panel opened the companion CUP hearing, a motion to table consideration of the CUP until the next meeting carried unanimously so staff and the developer could supply the outstanding battery and decommissioning details.

What happens next: The developer will submit detailed battery-site plans and revised decommissioning language for review. The commission will revisit the conditional-use permit at its next meeting; construction approvals cannot proceed until the CUP is approved by the commission (and any subsequent approvals by the Board of Supervisors, as applicable).

Authorities cited in the hearing included section 18-22A of the Southampton County Code (the county's utility-scale solar ordinance) and county siting/contracting procedures. The commission recorded the rezoning action and the CUP tableing in the official minutes.

Quotes in context:
"The siting agreement is actually a legally binding document that we negotiated with county council..." ' William Pham, applicant representative.
"This is a 20 megawatt utility-scale solar project and it's 8 megawatt battery storage..." ' Kevin Osborne, Synergy Power.
"I thought you were very thorough in your booklet presentation." ' Chair (presiding officer).

Ending: The commission praised the application's effort to address ordinance requirements but left the CUP open so the record includes specific, enforceable battery and decommissioning details before permitting moves forward.