What should Franklin County landowners check before agreeing to a battery site?

Start with the restrictions already attached to the property

If your land is part of a recorded subdivision, find the plat and any separate restrictions before discussing a new equipment area or entrance. Ask the company to show how its proposed use fits those documents. A change to the drawing does not by itself settle every private right attached to the land.

The county’s plat procedure addresses an association statement when a replat could affect established owner rights. The posted subdivision rules also discuss affected-party consent for a resubdivision. Ask which owners, association representatives or other parties would need to be involved in the actual proposal.

The sample plat notes in the rules include residential-use wording unless another use is noted. They also contain access, drainage and dedication provisions. Have your adviser read the notes on your actual recorded plat; the sample wording does not establish what applies to every Franklin County property.

Locate any shared-driveway, utility or drainage easement the company expects to use. Ask whether the rights cover the proposed deliveries, construction and operation. A line shown on a plan should be matched with the recorded right and any additional consent the company needs.

Tell the company which buildings, fields, entrances and uses you want to retain. Show them on the same drawing as the proposed battery site. That helps reveal whether a requested change would affect your remaining land or another owner’s access.

Reference: Franklin County: plat and replat procedures · Franklin County: posted subdivision regulations and plat notes

Find out who must sign before documents are submitted

The current plat and replat page calls for signatures before copies are deposited with the County Clerk. It separately addresses lienholders on affected lots and, where applicable, association and Franklin County Water District approval. Ask the company to identify the required signers for the actual property.

If the land has a mortgage or another lien, bring that to your adviser’s attention early. Ask the company how any required lender consent, release or subordination would be handled. Do not assume that a company preparing a plat has already resolved your loan documents.

The posted rules define an owner’s representative in terms of written authority. Before authorizing someone to act for you, establish what they may submit, what you must review and which obligations you would accept. Keep that authority separate from permission to enter or begin work.

The plat page says deposited copies remain with the Clerk until the procedure is finalized. Review the proposed boundaries, easements, dedication language and signatures before filing. Ask for a complete copy of the documents and a clear explanation of the next steps.

A land agreement should identify who prepares the survey and paperwork, pays the costs and obtains necessary consents. If approvals are part of an option period, agree how delays affect that period and your payments. Signing a county document should not leave the company’s responsibilities to you unclear.

Reference: Franklin County: plat and replat procedures · Franklin County: posted subdivision regulations and plat notes · Franklin County: County Clerk and property-record information

Explain the actual lease or sale, rather than relying on its name

If the company wants only part of your tract, ask what happens to the boundary and the land you retain. Show the proposed equipment area, access route, utility route and any drainage area. Ask the reviewing authority whether the actual arrangement requires a plat, replat or another step.

Appendix A of the posted rules discusses different forms of transaction, including options and long-term leases, when a plat is otherwise required under its guidelines. The word “lease” alone should not be used to assume that a land arrangement avoids subdivision review. Give the authority the actual terms and layout.

The appendix describes specific exclusions and documents supporting a claimed exclusion. If the company says one applies, ask it to identify the provision, facts and written county guidance it is relying on. This page does not decide that a particular battery arrangement qualifies.

The agricultural-use discussion also addresses what happens when a tract stops being used primarily for the listed purposes. Ask how a proposed change of use affects the subdivision question. Keep that review separate from any advice about agricultural tax treatment or rollback taxes.

Confirm whether a municipality or its extraterritorial jurisdiction is involved. The posted rules refer to city coordination in those circumstances. A Mount Vernon mailing address or a county tax record alone does not establish the current reviewing authority or the complete battery approval process.

Reference: Franklin County: posted subdivision regulations and plat notes · Franklin County: plat and replat procedures

Keep road construction and long-term maintenance separate

The posted road-maintenance section says accepting a subdivision plat for filing does not itself mean the county accepts the roads for ownership or maintenance. Ask the company to identify which route is already county maintained, which part is private and what changes it proposes.

For an existing private subdivision road, find the recorded maintenance and assessment provisions. The reviewed rules describe continuing owner responsibilities and notices about private roads. Ask how construction traffic, heavier deliveries and later operating use would be addressed with the other owners.

The private-subdivision provisions also discuss gated access for emergency responders. If a route is gated, ask the company how its proposal would preserve emergency access and obtain the applicable guidance. This guide does not specify a battery road width, gate design or fire-safety clearance.

The rules separate construction plans, completion security and later road acceptance. If the company proposes a new subdivision road or drainage improvement, ask which steps apply and who would supply the required work or security. A promise that the county will maintain a route should be backed by the actual acceptance record.

In your agreement, address private-road repairs, drainage upkeep, gates, fences and access to your retained property. Establish who remains responsible after the construction contractor leaves or the project changes owners. County review does not replace those commitments to you.

Reference: Franklin County: posted subdivision regulations and plat notes

Ask what plat approval leaves unfinished

The current plat page describes two Commissioners Court readings, notice documentation and tax records. Ask the company to identify the stage it has reached and the documents still needed. An agenda item or first reading should not be presented as a recorded final plat.

The posted rules call for existing and proposed easements, road information and flood-hazard information on the plans. Their sample notes also limit what a county certification establishes about representations in the plat. Ask the company to support the plan with the actual survey, rights and engineering records.

Confirm separate requirements for the proposed battery equipment, drainage, fire review, utility work and connection. The sources reviewed for this guide do not establish a complete BESS permit checklist. A recorded plat or an environmental signature is not proof that the project is ready to operate.

The current Clerk page lists (903) 537-8357 for property-record and plat-process questions. The emergency-management and septic-inspector pages list (903) 537-8346 for their respective routing. Ask the office responsible for the issue and have the company retain written guidance for its proposal.

Finally, ask what remains in the electrical connection process. A nearby power line or county land approval does not prove available grid capacity. Identify any additional line easement and discuss how outstanding studies or approvals affect timing, payments and the land you would commit.

Reference: Franklin County: plat and replat procedures · Franklin County: posted subdivision regulations and plat notes · Franklin County: County Clerk and property-record information · Franklin County: emergency-management contact · Franklin County: septic inspector and environmental-service documents

Start with your location and the records you already have

Use this page’s form to send Sunland your contact details and Franklin County property location. An address, parcel reference or map location is useful. Tell us whether you would consider a lease or sale and which part of the property you have in mind.

Mention a recorded subdivision, association, private road, known easements or an existing land agreement. Tell us what access and uses you want to keep. You can describe these facts without buying new records, preparing a plat or obtaining lender approval first.

Sending an inquiry does not authorize entry, filing or construction and does not commit you to a transaction. We can discuss the property with the information you have. A company developing a specific proposal should explain the rights, permissions and responsibilities it needs before asking you to agree.

Reference: Franklin County: plat and replat procedures · Franklin County: County Clerk and property-record information