By Bruce Rolfe
The Charleston Township Planning Commission set the wheels in motion to have a tool in place at the July 28 Charleston Township Planning Commission meeting that will help address two hot topics in the State of Michigan.
After Charleston Township attorney Robert Thall reviewed the process to implement moratoriums on battery energy storage systems and data centers, the Planning Commission unanimously approved a motion to schedule a public hearing for both moratorium ordinances.
Thall said a public hearing is required first for both ordinances. The Planning Commission would make a recommendation to the township board, which would consider adopting the moratorium ordinances.
He said the moratorium would be for one year for both data centers and battery energy storage systems, however the moratoriums could be extended longer.
The public hearing dates will be determined in the near future.
Despite having a moratorium ordinance in place for a data center, Thall warned the Planning Commission eventually it could be difficult to challenge a proposed data center project in the township.
The Charleston Township attorney said the State of Michigan is actively trying to attract data centers to the state by providing tax incentives. He adds the federal government has indicated that AI and data centers should be a priority and regulation should be reduced to compete against other countries, demonstrating there is a need.
He said the Planning Commission can not be exclusionary and have regulation that addresses data centers or exclude use if it’s demonstrated there is a need for that use and there is property available for the use.
Thall said significant health and safety concerns raised by the public, including noise and vibration issues, as well as high levels of energy and water use are, are all concerns the township should consider.
Thall said a moratorium for newer concepts that might not be included in the township’s ordinances yet, like a data center, is a good tool to have in place before there is interest in a location.
“It’s really important from a zoning stand point, that we control that. We’re not going to let that just happen,” explained Thall.
When looking at data centers, he said the township will have to look at various types of regulations and if there’s land available to accomodate different types of data centers.
He said experts can be invited to a future Planning Commission meeting to explain specific demands data centers require, like more electricity or potentially large volumes of water.
He is working on a model ordinance that will have restrictions in place.
“The point is, most communities don’t want to see these hyper scale ones, so you make very stringent requirements so maybe they go else where,” explained Thall.
When considering a battery energy storage system moratorium, he reminded the commission a few years ago the State of Michigan preempted the township’s zoning authority for battery energy storage, wind and solar for 50 megawatt or higher projects.
“They don’t have to come to us. They can go straight to the State of Michigan,” explained Thall.
Thall adds companies do attempt to work with communities first because the process going through the State of Michigan instead is very stringent for approval.
Thall said at the local level a workable ordinance would be developed for battery energy storage systems. He said the township would build in stringent restrictions to make sure the township is protected, but not so stringent and prohibitive, “because if you do that, they’re (developers) just going to go to the state and bypass our zoning.”
The Township attorney said there are different sizes to battery energy storage facilities.
He said one risk associated with a battery energy storage system is the potential for fire, so the Planning Commission would want to establish areas where the battery energy storage system could not be built to protect neighboring properties as much as possible.
Thall warned even if a moratorium is in place a developer could go right to the State of Michigan but he said most developers prefer to work locally.
Thall provided a template ordinance, which he said he built into the zoning ordinance language, allowing the township to consider a moratorium to be prepared if there is a future need.
The Charleston Township Planning Commission set the wheels in motion to have a tool in place at the July 28 Charleston Township Planning Commission meeting that will help address two hot topics in the State of Michigan.
After Charleston Township attorney Robert Thall reviewed the process to implement moratoriums on battery energy storage systems and data centers, the Planning Commission unanimously approved a motion to schedule a public hearing for both moratorium ordinances.
Thall said a public hearing is required first for both ordinances. The Planning Commission would make a recommendation to the township board, which would consider adopting the moratorium ordinances.
He said the moratorium would be for one year for both data centers and battery energy storage systems, however the moratoriums could be extended longer.
The public hearing dates will be determined in the near future.
Despite having a moratorium ordinance in place for a data center, Thall warned the Planning Commission eventually it could be difficult to challenge a proposed data center project in the township.
The Charleston Township attorney said the State of Michigan is actively trying to attract data centers to the state by providing tax incentives. He adds the federal government has indicated that AI and data centers should be a priority and regulation should be reduced to compete against other countries, demonstrating there is a need.
He said the Planning Commission can not be exclusionary and have regulation that addresses data centers or exclude use if it’s demonstrated there is a need for that use and there is property available for the use.
Thall said significant health and safety concerns raised by the public, including noise and vibration issues, as well as high levels of energy and water use are, are all concerns the township should consider.
Thall said a moratorium for newer concepts that might not be included in the township’s ordinances yet, like a data center, is a good tool to have in place before there is interest in a location.
“It’s really important from a zoning stand point, that we control that. We’re not going to let that just happen,” explained Thall.
When looking at data centers, he said the township will have to look at various types of regulations and if there’s land available to accomodate different types of data centers.
He said experts can be invited to a future Planning Commission meeting to explain specific demands data centers require, like more electricity or potentially large volumes of water.
He is working on a model ordinance that will have restrictions in place.
“The point is, most communities don’t want to see these hyper scale ones, so you make very stringent requirements so maybe they go else where,” explained Thall.
When considering a battery energy storage system moratorium, he reminded the commission a few years ago the State of Michigan preempted the township’s zoning authority for battery energy storage, wind and solar for 50 megawatt or higher projects.
“They don’t have to come to us. They can go straight to the State of Michigan,” explained Thall.
Thall adds companies do attempt to work with communities first because the process going through the State of Michigan instead is very stringent for approval.
Thall said at the local level a workable ordinance would be developed for battery energy storage systems. He said the township would build in stringent restrictions to make sure the township is protected, but not so stringent and prohibitive, “because if you do that, they’re (developers) just going to go to the state and bypass our zoning.”
The Township attorney said there are different sizes to battery energy storage facilities.
He said one risk associated with a battery energy storage system is the potential for fire, so the Planning Commission would want to establish areas where the battery energy storage system could not be built to protect neighboring properties as much as possible.
Thall warned even if a moratorium is in place a developer could go right to the State of Michigan but he said most developers prefer to work locally.
Thall provided a template ordinance, which he said he built into the zoning ordinance language, allowing the township to consider a moratorium to be prepared if there is a future need.
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