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Colleton County council approves fee‑in‑lieu deal for Project Kennedy Solar, expands multi‑county industrial park

2085672 · January 8, 2025
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Summary

Council approved Ordinance 24‑0‑10 to allow a fee‑in‑lieu of ad valorem taxes agreement with Project Kennedy Solar LLC and to add property to a multi‑county industrial business park with Hampton County; the vote was unanimous.

The Colleton County Council on Jan. 7 approved Ordinance 24‑0‑10 authorizing a fee‑in‑lieu of ad valorem taxes agreement with Project Kennedy Solar LLC and amending a multi‑county industrial business park agreement with Hampton County to include additional Colleton property.

County staff explained that Title 12, Chapter 44 of the Code of Laws of South Carolina authorizes counties to negotiate fee‑in‑lieu agreements to attract certain industries. Under the arrangement presented to the council, Project Kennedy Solar LLC would pay a contractually fixed fee in lieu of standard property taxes; those fees are distributed to local taxing entities in a manner similar to property tax proceeds.

The ordinance also amended the preexisting multi‑county industrial business park agreement so that qualifying property in Colleton County may participate in incentives available through the joint park with Hampton County. Staff said participation in a multi‑county park can allow a project to qualify for incentives that a single county parcel might not otherwise receive; as part of the agreement, a portion of fee‑in‑lieu receipts is allocated to the partner county.

Council members asked procedural questions about timing and distributions; staff said fee payments are contractual and can be structured so developers have predictable annual obligations. Staff also noted that standard local requirements in the ordinance address site screening, buffers and end‑of‑life cleanup obligations for projects such as solar facilities.

Council members moved, seconded and unanimously approved the ordinance on the third reading.