By Bruce Rolfe
While a new state law signed into law by Michigan Governor Gretchen Whitmer that removes local control from townships and other units of government for siting of certain renewable energy wind, solar and battery storage facilities goes into effect November 28, the Climax Township Planning Commission unanimously approved revised ordinances drafted by the township attorney at a special hearing August 26 that is aimed at minimizing exposure to multiple large scale projects.
The Planning Commission also held its regular meeting in conjunction with the special meeting August 26.
The revised solar and battery storage system ordinances will be considered by the Climax Township Board at its regular meeting September 10 at 7 p.m.
The Township Board can adopt the two ordinances as proposed, send the ordinances back to the Planning Commission with revisions to consider, or make their own revisions as long as the revisions are within the context of the revised ordinances.
A new ordinance to address wind energy could be drafted in the future.
The new state law preempts local municipality zoning that conflicts with state laws and allows developers of solar projects over 50 megawatts to go straight through to the state process to obtain a permit. With that in mind, Climax Township attorney Robert Thall recommended the Planning Commission have a workable ordinance in place pertaining to the township’s zoning for solar and battery energy storage systems.
Thall felt under a workable ordinance the township could ask for $3,000 per megawatt versus the $2,500 per megawatt the state recommends. If a 50-megawatt project was approved, under the new ordinance a $150,000 payment would be made directly to Climax Township.
If a developer went right to the state, the developer would have to contribute $75,000 to the township which the township could use to argue and debate at the state level against the project or make it better for the township.
The township also has further setback restrictions from neighboring homes in the revised ordinance. Setback requirements include 100 feet from any property line of a non-participating lot; 100 feet from any public or private right-of-way or easement; and 300 feet from any existing non-participating dwelling unit and the Village of Climax.
Thall said developers could still choose not to work with the township and go through the State of Michigan, but the two ordinances the township board will consider September 10 allows the township to argue something was in place that supports the township’s Land Use Plan, has limitations and hopefully will not expose the township for more development then desired.
Selling energy to the grid is 50 megawatts or more. It takes approximately eight acres to produce one megawatt of power.
The proposed revised ordinance limits development to 1,000 acres for utility scale projects in the entire township, which Thall said is a little less then 5 percent of the total acreage in the township. This would allow a developer to put in two, 50-megawatt solar projects.
Thall said the revised ordinance was created stating nothing less then a 50-megawatt project, which will prevent a developer from putting in multiple smaller projects scattered throughout the township.
“One or two projects and we’ve done our share. If somebody wants more, they can always go to the state and ask for more, but I think there’s a really good argument at the state level to say no. We’ve contributed approximately five percent of the township’s acreage to this. We’ve done enough. Let it go to another township, or city or village. So I think it puts us in a pretty good position to have something like this. And it is limited,” observed Thall.
The Planning Commission chose to allow solar projects for residential and industrial, intentionally leaving commercial out to prevent smaller five or 10 acre solar projects to sell to the grid all over the township. However Thall said a solar system to support a farm or for residential is acceptable because the renewable energy will be used for personal use.
“What we were trying to focus on the last two years is, we know a lot of folks in the township don’t want this. We know there’s a few folks that do want it and probably will be participating in it in some form and time from what the rumor has. What we’re trying to do is make it as less impactful on our township as possible,” said Planning Commission Chairman Dickson Brubaker.
The ordinance the Climax Township Board will consider includes requirements for decommissioning or if a company goes out of business.
The ordinance states when the project is decommissioned or there is abandonment, the land is supposed to be returned to the condition it was when it was leased for a solar project.
Some other noteworthy restrictions for a Solar Energy System (SES)
• Total height for a large principal-use SES can not exceed the maximum height of 16 feet when measured from the ground to the top of the system when oriented at maximum tilt.
• All Solar Energy System applications must include a site plan and are subject to site plan review.
• A fire and emergency response plan.
Decommissioning
• A decommissioning plan is required at the time of application and shall be in recordable format.
• The anticipated manner in which the project will be decommissioned including a description of which above-grade and below-grade improvements will be removed, retained or restored for viable reuse of the property consistent with the zoning district. Any structures up to 48 inches below-grade shall be removed for disposal.
The method of ensuring that funds will be available for site decommissioning and stabilization in the form of surety bond or cash deposit.
Thall said the surety bond or cash deposit will ensure the township will have funds to remove everything if the company “just walks away.” The Climax Township attorney adds the surety bond would be held by the township,
• A review of the amount of the surety bond based on inflation and current removal costs shall be completed every four years, for the life of the project, and approved by the Planning Commission
• An SES owner will have to have a decommissioning plan approved by the Planning Commission and remove the system as indicated in the most recent approved plan; or amend the decommissioning plan with Planning Commission approval and proceed according to the revised plan.
• Decommissioning of a SES must commence when the soil is dry to prevent soil compaction and must be complete within 18 months after the abandonment. A SES that has not produced electrical energy for 12 consecutive months shall prompt an abandonment hearing.
• Restoration shall include bringing soil and topography of the land to their pre-development composition to ensure permitted uses upon restoration. Soil tests shall be required as part of the decommissioning plan both before development and prior to the decommissioning.
Battery Energy Storage System
Because many of the SES projects will include battery systems associated with the project or stand alone battery projects that are installed, the Planning Commission has a proposed Battery Energy Storage System Ordinance for the Township Board to also consider September 10.
Thall said battery storage uses less land, noting one megawatt of battery storage requires half an acre. He adds 10 acres would be considered a big battery storage project.
Some other battery storage ordinance requirements include:
• The battery storage ordinance addresses off-site requirements including site selection requirements, special land use requirements and setback requirements.
• The setback requirements are 50 feet from the nearest edge of a public road right of way; 300 feet from the nearest point of the outer wall of a dwelling on non-participating property; and 100 feet from any property line of a non-participating property.
• The height of a battery storage system structure can not exceed 20 feet.
• The site is required to be completely enclosed with fencing.
• The system may not generate a maximum sound in excess of 55 average hourly decibels as measured at the property line of an adjacent non-participating property.
• The Planning Commission may require reasonable measures to minimize visual impacts by preserving existing natural vegetation, requiring new vegetative screening or other appropriate measures. All screening/landscaping shall be property maintained throughout the life of the project including replacement of any dead landscaping within six months.
• A Emergency Response Plan and Fire Response Plan.
• Repair and Augmentation requirements.
Decommissioning and Removal
The ordinance requires a decommissioning plan that shows the anticipated manner in which the project will be decommissioned including a description of which above-grade and below-grade improvements will be removed, retained or restored for viable reuse of the property consistent with the zoning district.
The projected decommissioning costs shall reflect the actual cost of decommissioning the project. The method of ensuring the funds will be available for site decommissioning and stabilization in the form of a surety bond or cash deposit.
Restoration shall include bringing soil and topography of the land to their pre-development composition to ensure permitted uses upon restoration. Soil tests shall be required as part of the decommissioning plan both before development and prior to the decommissioning.
Regular Planning Commission Meeting Notes
The regular Planning Commission focused on appointing a new vice chairperson and updating the Planning Commission meeting date schedule.
With Pete Henry resigning from the Planning Commission earlier, the board appointed Sydney Pedersen to the vacant seat.
The Board unanimously appointed Joel Amos to the vice-chairperson position of the Planning Commission Henry occupied before he resigned.
Because the Planning Commission approved the two revised ordinances for the Climax Township Board to consider at the September 10 meeting, the Planning Commission unanimously approved to remove the December 9 meeting date from the Planning Commission’s meeting date schedule.
While a new state law signed into law by Michigan Governor Gretchen Whitmer that removes local control from townships and other units of government for siting of certain renewable energy wind, solar and battery storage facilities goes into effect November 28, the Climax Township Planning Commission unanimously approved revised ordinances drafted by the township attorney at a special hearing August 26 that is aimed at minimizing exposure to multiple large scale projects.
The Planning Commission also held its regular meeting in conjunction with the special meeting August 26.
The revised solar and battery storage system ordinances will be considered by the Climax Township Board at its regular meeting September 10 at 7 p.m.
The Township Board can adopt the two ordinances as proposed, send the ordinances back to the Planning Commission with revisions to consider, or make their own revisions as long as the revisions are within the context of the revised ordinances.
A new ordinance to address wind energy could be drafted in the future.
The new state law preempts local municipality zoning that conflicts with state laws and allows developers of solar projects over 50 megawatts to go straight through to the state process to obtain a permit. With that in mind, Climax Township attorney Robert Thall recommended the Planning Commission have a workable ordinance in place pertaining to the township’s zoning for solar and battery energy storage systems.
Thall felt under a workable ordinance the township could ask for $3,000 per megawatt versus the $2,500 per megawatt the state recommends. If a 50-megawatt project was approved, under the new ordinance a $150,000 payment would be made directly to Climax Township.
If a developer went right to the state, the developer would have to contribute $75,000 to the township which the township could use to argue and debate at the state level against the project or make it better for the township.
The township also has further setback restrictions from neighboring homes in the revised ordinance. Setback requirements include 100 feet from any property line of a non-participating lot; 100 feet from any public or private right-of-way or easement; and 300 feet from any existing non-participating dwelling unit and the Village of Climax.
Thall said developers could still choose not to work with the township and go through the State of Michigan, but the two ordinances the township board will consider September 10 allows the township to argue something was in place that supports the township’s Land Use Plan, has limitations and hopefully will not expose the township for more development then desired.
Selling energy to the grid is 50 megawatts or more. It takes approximately eight acres to produce one megawatt of power.
The proposed revised ordinance limits development to 1,000 acres for utility scale projects in the entire township, which Thall said is a little less then 5 percent of the total acreage in the township. This would allow a developer to put in two, 50-megawatt solar projects.
Thall said the revised ordinance was created stating nothing less then a 50-megawatt project, which will prevent a developer from putting in multiple smaller projects scattered throughout the township.
“One or two projects and we’ve done our share. If somebody wants more, they can always go to the state and ask for more, but I think there’s a really good argument at the state level to say no. We’ve contributed approximately five percent of the township’s acreage to this. We’ve done enough. Let it go to another township, or city or village. So I think it puts us in a pretty good position to have something like this. And it is limited,” observed Thall.
The Planning Commission chose to allow solar projects for residential and industrial, intentionally leaving commercial out to prevent smaller five or 10 acre solar projects to sell to the grid all over the township. However Thall said a solar system to support a farm or for residential is acceptable because the renewable energy will be used for personal use.
“What we were trying to focus on the last two years is, we know a lot of folks in the township don’t want this. We know there’s a few folks that do want it and probably will be participating in it in some form and time from what the rumor has. What we’re trying to do is make it as less impactful on our township as possible,” said Planning Commission Chairman Dickson Brubaker.
The ordinance the Climax Township Board will consider includes requirements for decommissioning or if a company goes out of business.
The ordinance states when the project is decommissioned or there is abandonment, the land is supposed to be returned to the condition it was when it was leased for a solar project.
Some other noteworthy restrictions for a Solar Energy System (SES)
• Total height for a large principal-use SES can not exceed the maximum height of 16 feet when measured from the ground to the top of the system when oriented at maximum tilt.
• All Solar Energy System applications must include a site plan and are subject to site plan review.
• A fire and emergency response plan.
Decommissioning
• A decommissioning plan is required at the time of application and shall be in recordable format.
• The anticipated manner in which the project will be decommissioned including a description of which above-grade and below-grade improvements will be removed, retained or restored for viable reuse of the property consistent with the zoning district. Any structures up to 48 inches below-grade shall be removed for disposal.
The method of ensuring that funds will be available for site decommissioning and stabilization in the form of surety bond or cash deposit.
Thall said the surety bond or cash deposit will ensure the township will have funds to remove everything if the company “just walks away.” The Climax Township attorney adds the surety bond would be held by the township,
• A review of the amount of the surety bond based on inflation and current removal costs shall be completed every four years, for the life of the project, and approved by the Planning Commission
• An SES owner will have to have a decommissioning plan approved by the Planning Commission and remove the system as indicated in the most recent approved plan; or amend the decommissioning plan with Planning Commission approval and proceed according to the revised plan.
• Decommissioning of a SES must commence when the soil is dry to prevent soil compaction and must be complete within 18 months after the abandonment. A SES that has not produced electrical energy for 12 consecutive months shall prompt an abandonment hearing.
• Restoration shall include bringing soil and topography of the land to their pre-development composition to ensure permitted uses upon restoration. Soil tests shall be required as part of the decommissioning plan both before development and prior to the decommissioning.
Battery Energy Storage System
Because many of the SES projects will include battery systems associated with the project or stand alone battery projects that are installed, the Planning Commission has a proposed Battery Energy Storage System Ordinance for the Township Board to also consider September 10.
Thall said battery storage uses less land, noting one megawatt of battery storage requires half an acre. He adds 10 acres would be considered a big battery storage project.
Some other battery storage ordinance requirements include:
• The battery storage ordinance addresses off-site requirements including site selection requirements, special land use requirements and setback requirements.
• The setback requirements are 50 feet from the nearest edge of a public road right of way; 300 feet from the nearest point of the outer wall of a dwelling on non-participating property; and 100 feet from any property line of a non-participating property.
• The height of a battery storage system structure can not exceed 20 feet.
• The site is required to be completely enclosed with fencing.
• The system may not generate a maximum sound in excess of 55 average hourly decibels as measured at the property line of an adjacent non-participating property.
• The Planning Commission may require reasonable measures to minimize visual impacts by preserving existing natural vegetation, requiring new vegetative screening or other appropriate measures. All screening/landscaping shall be property maintained throughout the life of the project including replacement of any dead landscaping within six months.
• A Emergency Response Plan and Fire Response Plan.
• Repair and Augmentation requirements.
Decommissioning and Removal
The ordinance requires a decommissioning plan that shows the anticipated manner in which the project will be decommissioned including a description of which above-grade and below-grade improvements will be removed, retained or restored for viable reuse of the property consistent with the zoning district.
The projected decommissioning costs shall reflect the actual cost of decommissioning the project. The method of ensuring the funds will be available for site decommissioning and stabilization in the form of a surety bond or cash deposit.
Restoration shall include bringing soil and topography of the land to their pre-development composition to ensure permitted uses upon restoration. Soil tests shall be required as part of the decommissioning plan both before development and prior to the decommissioning.
Regular Planning Commission Meeting Notes
The regular Planning Commission focused on appointing a new vice chairperson and updating the Planning Commission meeting date schedule.
With Pete Henry resigning from the Planning Commission earlier, the board appointed Sydney Pedersen to the vacant seat.
The Board unanimously appointed Joel Amos to the vice-chairperson position of the Planning Commission Henry occupied before he resigned.
Because the Planning Commission approved the two revised ordinances for the Climax Township Board to consider at the September 10 meeting, the Planning Commission unanimously approved to remove the December 9 meeting date from the Planning Commission’s meeting date schedule.
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