Solar Developer Objects to Proposed Ordinance

By Greg Chandler
Zeeland Record


A developer of a proposed $300 million solar farm on agricultural-zoned land in eastern Zeeland Township and western Jamestown Township is objecting to several items in a draft township ordinance that seeks to give local officials some say over large-scale solar projects.

RWE Clean Energy LLC of Austin, Tex. has proposed a 200-megawatt solar facility that would take in portions of the two townships. RWE project manager Joe Brochu on Oct. 14 called for the township Planning Commission to remove several items from a draft solar ordinance that is now being reviewed by the township ­attorney.

Brochu’s strongest objection is to a provision in the ordinance that would prevent construction of a solar facility on any parcel of land of less than 50 acres. 

“Having a set 50-acre parcel (minimum), that would push us to a point where we wouldn’t be able to use this ­ordinance,” Brochu said. “Everything else could be (worked with).”

Commissioners last month decided to include in the ordinance a limit on construction of solar energy systems only to those parcels of at least 50 acres. None of the nine commissioners showed any indication of changing their minds at the Oct. 14 meeting.

“That is something the Planning Commission has stated that is important for them to keep,” Township Zoning Administrator Lori Castello said. 

“We will let the township attorney weigh in, and if there’s no reason to not support that, then it will be left in,” Castello added.

The state Legislature in November 2023 passed Public Act 233, which gives utilities and clean energy providers the option to bypass local units of government and apply directly to the Michigan Public Service Commission for solar or other renewable energy projects. The state allows for local siting authority if a community such as Zeeland Township adopts a compatible renewable energy ordinance with requirements no stricter than the state’s rules under PA 233.

The Jamestown Township Board in July approved a solar ordinance. While most of the proposed Zeeland Township ordinance is similar to the Jamestown law, Jamestown does not have in its ordinance a minimum lot-size requirement for a solar project. It does limit the size of a commercial solar facility to 1,500 total acres.

The 21-page ordinance requires at least a solar facility to be screened and buffered by installed evergreen or native vegetation upon a berm of at least 6 feet, which Brochu also spoke out against. The ordinance also limits the maximum allowable height of all photovoltaic panels to 16 feet, as measured from the grade below the unit to the highest point of the unit at full tilt, and sets a standard for sound at no more than 55 decibels at the property line of an adjacent lot that is not part of a solar farm or at a road right-of-way.

Some of the more than 60 residents that attended the public hearing called for the township to put in the ordinance a provision that would address concerns over reduced property values, with a few citing a similar arrangement that had been worked out with Waste Management when it opened its Autumn Hills landfill in 1992.

“I get the feeling that there’s not a whole lot of protection here for citizens that are next to (the project), that are going to deal with it every day,” Commissioner Dennis Russcher said. “They claim that (a solar facility) is not going to make any difference on your property values. I don’t believe that. I’ve got neighbors already that have spoken to me and said that … if it goes through, they’re putting their place up for sale, they’re moving. They are not going to look at these (solar) panels.”

Castello said she would consult with the township attorney on whether a ­provision on property values could be written into the ordinance.

Residents who were at the hearing continued to speak out against the Silver Maple project. Brad DeWeerd, who lives on 48th Avenue, called for having the parcels that are proposed for the project be ­rezoned from agricultural to industrial and taxed as such.

“It’s not farmland anymore. It’s industrial. It should be taxed the same as Gentex,” DeWeerd said.

DeWeerd also expressed continued frustration over the lack of details on the solar project. “When are we going to see a real site plan, and we can actually have facts instead of hearsay?” he asked.

Township officials say there’s no details because there has been no application filed for the project.

“There is no project that we are specifically looking at right now. We do know that there’s one in the works, but this ordinance is for the township so that any person applies would be subject to these rules,” Castello said.

“Once that (application) is submitted, then it becomes a public document, available for view on Documents on Demand,” she added.

The Planning Commission will resume discussion on the solar ordinance next month after it has been reviewed by the township attorney.

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