Zeeland Record
The Zeeland Township Planning Commission is pushing the pause button on developing a renewable energy facility ordinance until after a new township master plan is completed.
In addition, commissioners have recommended approval of a temporary moratorium ordinance that will give the township time to ensure that any renewable energy ordinances or possible other new land uses are based on the new master plan.
Commissioners on July 14 agreed to hold off on further development of an ordinance that would address commercial solar, wind and battery energy storage projects. In a separate action, they also voted to recommend the board approve adding to the zoning ordinance language that would allow the township to put in place a moratorium to give it adequate time to study specific land uses.
The township recently began working on its master plan, which has not been updated since 2019.
“Zoning ordinances should be based on our master plan, and our (current) master plan does not address renewable energy facilities, except to say that … the zoning ordinance should be amended to address solar energy systems,” township special legal counsel David Eberle said. “It doesn’t give any guidance on how we should go about it or what policy objectives should be sought in doing so.”
The Planning Commission had initially held discussions on developing a “workable incompatible ordinance” that differs from Public Act 233, the state law regulating clean and renewable energy projects, but might still be acceptable to a developer. However, after RWE submitted its application for the Silver Maple solar project to the Michigan Public Service Commission in early April, commissioners switched the focus of their discussions toward an “unworkable incompatible ordinance.”
Commissioners voted 8-0 in favor of a zoning ordinance amendment would put in place language that would allow the Township Board to enact a moratorium on any use they believe needs more study.
“Every once in a while, new uses arise and new questions arise. The Planning Commission and the Township Board need to be able to take their time to do some deliberate planning and address those issues,” Eberle said.
The initial term of any moratorium cannot exceed one year. The board could pass subsequent extensions of a moratorium, but for no longer than 60 days, Eberle said.
“The board would be required to go back and … essentially justify its decision (to extend the moratorium, and explain) here’s why we’re doing it,” Eberle said.
“Don’t think of it as a method to kick the can down the road. Think of it as a way to give you the time to do planning and legislation right,” he added.
The Township Board was expected to consider the ordinance amendment at its meeting Tuesday night, with a public hearing and possible final vote in early August, Township Manager Josh Eggleston said.
Scott Beute, the Township Board’s liaison to the Planning Commission, says the move makes sense.
“I think it’s a good idea to establish the framework now, so that we don’t have to go through this every single time that we’re considering doing a moratorium,” Beute said.
The Township Board passed a 12-month moratorium on data centers in March. No discussion on how the township should deal with data center proposals in the future has taken place since, although that’s expected to change soon.
Professional Code Inspections, the company that contracts with the township for zoning administration and building code enforcement, is expected to hold a seminar next month to provide information to local planners on the issue of data centers. Several commissioners say they plan to attend.
“I think this fall there needs to be some concerted discussion on (the issue),” Eggleston said.
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