By Greg Chandler
Zeeland Record
The Zeeland Township Planning Commission is grappling with a new draft ordinance that would go beyond solar projects to address other renewable energy projects that may come to the township.
Commissioners at their Feb. 10 meeting spent more than three hours working through a 42-page draft ordinance that was presented by attorney David Eberle, who the Planning Commission directed in December to create a proposed ordinance addressing solar, wind and battery storage projects.
The commissioners’ ordinance discussion comes as RWE Clean Energy, a German-based company with U.S. headquarters in Texas, has proposed development of the 200-megawatt Silver Maple solar project in Zeeland and Jamestown townships. RWE is planning to apply to the Michigan Public Service Commission for approval of the project while at the same time seeking local support.
According to the project website, the Silver Maple project will consist of solar panels and inverters arranged in photovoltaic arrays, along with associated facilities and infrastructure. The project is proposed to cover 52 parcels of land, totaling 1,914 acres, in the two townships. All of the parcels are zoned either agricultural or agricultural rural residential, according to project documents.
The Silver Maple project has generated strenuous opposition from residents who say it will result in the loss of prime farmland and the township’s rural character.
The new draft ordinance is defined as a “incompatible workable ordinance” that is stricter than Public Act 233, the current state law regulating renewable energy projects, but not so strict that a developer may bypass the township permitting process entirely and seek approval through MPSC.
“We have a limited scope of the things that can actually be regulated. Zoning regulates land use by district,” Eberle said.
For example, Eberle said that suggestions made by residents such as requiring copies of all “good neighbor” agreements that have been reached between RWE and participating landowners be included in the ordinance falls “outside of the scope of what the Planning Commission can do (under the Michigan Zoning Enabling Act).”
One of the ordinance sections that generated the most discussion was whether how much land would the township be willing to allow for an energy facility. Several commissioners expressed support for a 500 acre-limit across the entire township, which would fall short of what RWE is seeking.
“This is an ordinance for the whole township, not just for RWE,” Planning Commission Chairwoman Karen Kreuze said.
Eberle cautioned commissioners about setting a 500-acre limit, saying that may lead RWE to seek approval of the Silver Maple project through the state.
“If you do 500, based off the application we have being filed with the MPSC, we know that’s not workable, as a practical matter,” he said.
Commissioners also addressed such ordinance details such as setback distances, sound limits, screening, notifying the township in case of an incident and decommissioning requirements during their discussion.
Any draft ordinance would have to be recommended for approval by the Planning Commission to the Township Board, which would then have two readings before gaining final approval. Public hearings would have to be held at both the Planning Commission and Township Board, Township Manager Josh Eggleston said.
Eberle encouraged commissioners that even after an ordinance is created, they can go back and make changes if necessary.
“I’ve been in communities where they thought they had a really good incompatible workable ordinance, and the developer (says) ‘we’re fine with everything, except could we just tweak this one thing’, and it was an issue that the township was fine with, and they did a quick ordinance amendment, and it was done,” Eberle said.
The Planning Commission is expected to resume discussion on the draft renewable energy ordinance at its next scheduled meeting at 7 p.m. Tuesday, March 10, at the Township Hall.
Zeeland Record
The Zeeland Township Planning Commission is grappling with a new draft ordinance that would go beyond solar projects to address other renewable energy projects that may come to the township.
Commissioners at their Feb. 10 meeting spent more than three hours working through a 42-page draft ordinance that was presented by attorney David Eberle, who the Planning Commission directed in December to create a proposed ordinance addressing solar, wind and battery storage projects.
The commissioners’ ordinance discussion comes as RWE Clean Energy, a German-based company with U.S. headquarters in Texas, has proposed development of the 200-megawatt Silver Maple solar project in Zeeland and Jamestown townships. RWE is planning to apply to the Michigan Public Service Commission for approval of the project while at the same time seeking local support.
According to the project website, the Silver Maple project will consist of solar panels and inverters arranged in photovoltaic arrays, along with associated facilities and infrastructure. The project is proposed to cover 52 parcels of land, totaling 1,914 acres, in the two townships. All of the parcels are zoned either agricultural or agricultural rural residential, according to project documents.
The Silver Maple project has generated strenuous opposition from residents who say it will result in the loss of prime farmland and the township’s rural character.
The new draft ordinance is defined as a “incompatible workable ordinance” that is stricter than Public Act 233, the current state law regulating renewable energy projects, but not so strict that a developer may bypass the township permitting process entirely and seek approval through MPSC.
“We have a limited scope of the things that can actually be regulated. Zoning regulates land use by district,” Eberle said.
For example, Eberle said that suggestions made by residents such as requiring copies of all “good neighbor” agreements that have been reached between RWE and participating landowners be included in the ordinance falls “outside of the scope of what the Planning Commission can do (under the Michigan Zoning Enabling Act).”
One of the ordinance sections that generated the most discussion was whether how much land would the township be willing to allow for an energy facility. Several commissioners expressed support for a 500 acre-limit across the entire township, which would fall short of what RWE is seeking.
“This is an ordinance for the whole township, not just for RWE,” Planning Commission Chairwoman Karen Kreuze said.
Eberle cautioned commissioners about setting a 500-acre limit, saying that may lead RWE to seek approval of the Silver Maple project through the state.
“If you do 500, based off the application we have being filed with the MPSC, we know that’s not workable, as a practical matter,” he said.
Commissioners also addressed such ordinance details such as setback distances, sound limits, screening, notifying the township in case of an incident and decommissioning requirements during their discussion.
Any draft ordinance would have to be recommended for approval by the Planning Commission to the Township Board, which would then have two readings before gaining final approval. Public hearings would have to be held at both the Planning Commission and Township Board, Township Manager Josh Eggleston said.
Eberle encouraged commissioners that even after an ordinance is created, they can go back and make changes if necessary.
“I’ve been in communities where they thought they had a really good incompatible workable ordinance, and the developer (says) ‘we’re fine with everything, except could we just tweak this one thing’, and it was an issue that the township was fine with, and they did a quick ordinance amendment, and it was done,” Eberle said.
The Planning Commission is expected to resume discussion on the draft renewable energy ordinance at its next scheduled meeting at 7 p.m. Tuesday, March 10, at the Township Hall.
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