By Greg Chandler
Zeeland Record
Zeeland Township has approved an ordinance that would require electric providers and independent power producers, including those that would generate renewable energy through a solar, wind or battery storage project, to get approval of a franchise and right-of-way permit before being able to use township roads, alleys or other public places to build such projects.
The Township Board at a special meeting Sept. 30 unanimously approved the ordinance, which was developed out of the ongoing battle between the township and RWE over the Silver Maple solar project.
RWE is seeking approval of Silver Maple through the Michigan Public Service Commission through Public Act 233, the state law where developers of large-scale renewable energy projects can bypass local municipalities and seek approval through the state. The township claims the law is unconstitutional.
“These folks (RWE) are able, through the state legislation, to skirt the local permitting process. Therefore, we’re going to specifically exercise our constitutional rights to require they come to us for a right-of-way permit,” he added.
In its lawsuit against RWE, the township claims PA 233 “preempts local control over the regulation of wind, solar and energy storage facilities by infringing on certain rights that the Michigan Constitution reserves to local governments.” It argues the developer needs a franchise approval from the township before being allowed to use township roads, alleys or public places to transport wires, poles or other equipment needed to build Silver Maple. RWE is challenging the township’s claims.
“In their motion to dismiss (the lawsuit), they have raised the issue that ‘the township doesn’t have an ordinance, therefore we’re not required to seek their consent for a franchise,’” Eberle said. “Our position is we don’t need an ordinance to exercise our constitutional rights, but by adopting this ordinance, we are giving them what they asked for.”
Eberle went on to explain that right-of-way permits are usually issued through the Ottawa County Road Commission.
“We understand we have the right under the constitution to require right-of-way permits, however, we’re going to exercise that in a very limited scope and only apply that to electric providers and independent power producers,” he said.
Data centers are not included in the ordinance, but that’s something the township could consider in the future, Eberle said.
Township Trustee Scott Beute said the ordinance makes clear what’s required of an electric provider or independent power producer.
“It’s not an arbitrary thing where we’re just picking and choosing,” Beute said. “I think it’s certainly timely.”
The township superintendent would administer and enforce the ordinance. Violation of the ordinance would be considered a municipal civil infraction, punishable by a fine of no less than $5,000 and no more than $10,000, with every day that a violation occurs being considered a separate offense, according to the ordinance document.
Zeeland Record
Zeeland Township has approved an ordinance that would require electric providers and independent power producers, including those that would generate renewable energy through a solar, wind or battery storage project, to get approval of a franchise and right-of-way permit before being able to use township roads, alleys or other public places to build such projects.
The Township Board at a special meeting Sept. 30 unanimously approved the ordinance, which was developed out of the ongoing battle between the township and RWE over the Silver Maple solar project.
RWE is seeking approval of Silver Maple through the Michigan Public Service Commission through Public Act 233, the state law where developers of large-scale renewable energy projects can bypass local municipalities and seek approval through the state. The township claims the law is unconstitutional.
“These folks (RWE) are able, through the state legislation, to skirt the local permitting process. Therefore, we’re going to specifically exercise our constitutional rights to require they come to us for a right-of-way permit,” he added.
In its lawsuit against RWE, the township claims PA 233 “preempts local control over the regulation of wind, solar and energy storage facilities by infringing on certain rights that the Michigan Constitution reserves to local governments.” It argues the developer needs a franchise approval from the township before being allowed to use township roads, alleys or public places to transport wires, poles or other equipment needed to build Silver Maple. RWE is challenging the township’s claims.
“In their motion to dismiss (the lawsuit), they have raised the issue that ‘the township doesn’t have an ordinance, therefore we’re not required to seek their consent for a franchise,’” Eberle said. “Our position is we don’t need an ordinance to exercise our constitutional rights, but by adopting this ordinance, we are giving them what they asked for.”
Eberle went on to explain that right-of-way permits are usually issued through the Ottawa County Road Commission.
“We understand we have the right under the constitution to require right-of-way permits, however, we’re going to exercise that in a very limited scope and only apply that to electric providers and independent power producers,” he said.
Data centers are not included in the ordinance, but that’s something the township could consider in the future, Eberle said.
Township Trustee Scott Beute said the ordinance makes clear what’s required of an electric provider or independent power producer.
“It’s not an arbitrary thing where we’re just picking and choosing,” Beute said. “I think it’s certainly timely.”
The township superintendent would administer and enforce the ordinance. Violation of the ordinance would be considered a municipal civil infraction, punishable by a fine of no less than $5,000 and no more than $10,000, with every day that a violation occurs being considered a separate offense, according to the ordinance document.
One Killed, Four Critically Hurt in Olive Twp. Crash
A 51-year-old Grand Rapids man was killed and four others were injured Monday afternoon when their vehicle was struck by a cement truck in Olive Township.
The crash took place shortly before 2:30 p.m. at 120th Avenue and Stanton Street.
An investigation by the Ottawa County Sheriff’s Office showed a Phoenix cement mixer, driven by a 41-year-old Allendale man, was headed northbound on 120th Avenue, approaching Stanton. A westbound 2024 Toyota SUV, driven by the Grand Rapids man, failed to yield the right-of-way at 120th. The resulting crash left several occupants of the SUV pinned in. They had to be extricated by fire-rescue crews from Olive and Robinson townships, Lt. Nick Knott of the sheriff’s office said.
The driver of the SUV was pronounced dead at the scene. A 46-year-old Grand Rapids woman who was the front-seat passenger was airlifted to Corewell Health Butterworth Hospital with critical injuries. Three boys who were passengers, ages 4, 9 and 11, were also injured, two of them critically. They were being treated at Helen DeVos Children’s Hospital in Grand Rapids at press time.
The accident remains under investigation by the sheriff’s office.
The crash took place shortly before 2:30 p.m. at 120th Avenue and Stanton Street.
An investigation by the Ottawa County Sheriff’s Office showed a Phoenix cement mixer, driven by a 41-year-old Allendale man, was headed northbound on 120th Avenue, approaching Stanton. A westbound 2024 Toyota SUV, driven by the Grand Rapids man, failed to yield the right-of-way at 120th. The resulting crash left several occupants of the SUV pinned in. They had to be extricated by fire-rescue crews from Olive and Robinson townships, Lt. Nick Knott of the sheriff’s office said.
The driver of the SUV was pronounced dead at the scene. A 46-year-old Grand Rapids woman who was the front-seat passenger was airlifted to Corewell Health Butterworth Hospital with critical injuries. Three boys who were passengers, ages 4, 9 and 11, were also injured, two of them critically. They were being treated at Helen DeVos Children’s Hospital in Grand Rapids at press time.
The accident remains under investigation by the sheriff’s office.
Allendale Man Dies in Two- Vehicle Crash
A 34-year-old Allendale man was killed late last Friday afternoon in a two-vehicle crash at the intersection of Lake Michigan Drive and 78th Avenue in Allendale Township.
According to the Ottawa County Sheriff’s Office, the Allendale man was traveling southbound on 78th shortly after 5:30 p.m. when he pulled out into the path of a vehicle headed westbound on Lake Michigan Drive, driven by a 55-year-old Zeeland man. He died of his injuries, while the driver from Zeeland was taken to an area hospital by LIFE Ambulance for treatment of his injuries.
According to the Ottawa County Sheriff’s Office, the Allendale man was traveling southbound on 78th shortly after 5:30 p.m. when he pulled out into the path of a vehicle headed westbound on Lake Michigan Drive, driven by a 55-year-old Zeeland man. He died of his injuries, while the driver from Zeeland was taken to an area hospital by LIFE Ambulance for treatment of his injuries.
City Planners OK First Accessory Dwelling Unit
By Greg Chandler
Zeeland Record
Three years after city officials in Zeeland passed an ordinance allowing for accessory dwellings - commonly known as “granny flats” or “carriage houses” - in residential neighborhoods, city planners have approved allowing the first such dwelling to be built.
The Planning Commission voted 7-0 last Thursday to approve a site plan and special land use, granting Cindy Werp permission to build a 384-square-foot addition to the existing detached garage at her home at 44 W. Garfield Ave. to serve an accessory dwelling. The home is in the R-1 single family residential zoning district.
“We’re excited that you’re the first one,” Planning Commission Chairman Daniel Klompmaker told Werp after the vote.
The City Council approved the accessory dwelling unit ordinance in December 2023. It allows for construction of an accessory dwelling unit, either through new construction or conversion or addition onto an existing building, in residential-zoned areas.
“It must be a single, independent housekeeping unit,” Community Development Director Tim Maday told commissioners. “You can’t have a rooming house where we all share the kitchen … It needs to be a true, independent unit.”
The property owner must either live in the main housing unit or the accessory unit, Maday said.
The ordinance requires the homeowner to have a deed restriction prepared, approved by the city attorney and recorded with the Ottawa County Register of Deeds, stating that the principal dwelling and the accessory unit have the same owner.
“This says we cannot create an ADU and then turn it into a two-family rental property,” Maday said.
“Anyone purchasing the property would see this deed restriction,” he added.
Under terms of the ordinance, the ADU cannot be used as a short-term rental or a bed-and-breakfast, Maday said.
The ADU must be at least 350 square feet in area, but cannot be larger than 35 percent of the floor area of the principal dwelling or 850 square feet, whichever is less. The accessory unit cannot have more than one bedroom.
No portion of the ADU can be closer than 10 feet to the principal dwelling, Maday said.
Trailers, RVs and manufactured homes cannot be used as an accessory unit, Maday said.
Zeeland Record
Three years after city officials in Zeeland passed an ordinance allowing for accessory dwellings - commonly known as “granny flats” or “carriage houses” - in residential neighborhoods, city planners have approved allowing the first such dwelling to be built.
The Planning Commission voted 7-0 last Thursday to approve a site plan and special land use, granting Cindy Werp permission to build a 384-square-foot addition to the existing detached garage at her home at 44 W. Garfield Ave. to serve an accessory dwelling. The home is in the R-1 single family residential zoning district.
“We’re excited that you’re the first one,” Planning Commission Chairman Daniel Klompmaker told Werp after the vote.
The City Council approved the accessory dwelling unit ordinance in December 2023. It allows for construction of an accessory dwelling unit, either through new construction or conversion or addition onto an existing building, in residential-zoned areas.
“It must be a single, independent housekeeping unit,” Community Development Director Tim Maday told commissioners. “You can’t have a rooming house where we all share the kitchen … It needs to be a true, independent unit.”
The property owner must either live in the main housing unit or the accessory unit, Maday said.
The ordinance requires the homeowner to have a deed restriction prepared, approved by the city attorney and recorded with the Ottawa County Register of Deeds, stating that the principal dwelling and the accessory unit have the same owner.
“This says we cannot create an ADU and then turn it into a two-family rental property,” Maday said.
“Anyone purchasing the property would see this deed restriction,” he added.
Under terms of the ordinance, the ADU cannot be used as a short-term rental or a bed-and-breakfast, Maday said.
The ADU must be at least 350 square feet in area, but cannot be larger than 35 percent of the floor area of the principal dwelling or 850 square feet, whichever is less. The accessory unit cannot have more than one bedroom.
No portion of the ADU can be closer than 10 feet to the principal dwelling, Maday said.
Trailers, RVs and manufactured homes cannot be used as an accessory unit, Maday said.
Woman Charged with Absentee Ballot Tampering
A 60-year-old Park Township has been charged with absentee ballot tampering in connection with two ballots submitted during the August primary election.
Christine Lynn Rekar is awaiting arraignment in Ottawa County Circuit Court Oct. 26 after waiving her right to a preliminary hearing in 58th District Court Sept. 22.
The case began when Park Township election officials reviewed absentee ballot return envelopes submitted by Rekar for her two adult children. As part of the standard signature-verification process, Township Clerk’s office staff identified discrepancies between the signatures on the envelopes and those contained in the voters’ records. Staff also recognized similarities to the parent’s signature in her own voter record and absentee ballot materials.
The affected envelopes were immediately set aside, and the incident referred to the Ottawa County Sheriff’s Office for investigation. Following the investigation, the Ottawa County Prosecutor’s Office authorized criminal charges.
Both ballots containing the invalid signatures were rejected by the Park Township Clerk’s Office and were not counted.
“Our election staff followed the established procedures, recognized that something was not right and acted immediately,” Park Township Clerk Joan Zeerip said in a news release. “The safeguards surrounding absentee voting exist to ensure that every ballot is cast by the voter to whom it was issued.”
Ottawa County Clerk Justin Roebuck said the case illustrates both the strength of the absentee ballot verification process and the importance of cooperation among local election officials and law enforcement. He added that enforcing absentee ballot laws also protects the rights of the individual voters involved.
“Every voter has the right to make their own choices and the responsibility to personally certify their ballot by signing the return envelope,” Roebuck said. “Your vote is your voice, and it belongs to you alone. Michigan law provides a proper process when a voter needs assistance, but no one, including a family member, can make the voter’s choices or sign the voter’s name. If you are considering completing or signing another person’s ballot, don’t. It is a serious violation of election law and will be referred to law enforcement for investigation and potential prosecution.”
Ottawa County Prosecuting Attorney Sarah Matwiejczyk emphasized the importance of cooperation among election officials and law enforcement.
“We take reported violations of election law seriously,” Matwiejczyk said. “Our office works closely with local election officials and law enforcement to protect the integrity of our elections.”
Voters who need assistance completing or returning an absentee ballot can contact their city or township clerk for guidance before returning the ballot. Anyone assisting a voter must follow the procedures established under Michigan law and may not make voting choices on the voter’s behalf.
Rekar is free on personal recognizance bond. If convicted, she could be sentenced to up to five years in prison.
Christine Lynn Rekar is awaiting arraignment in Ottawa County Circuit Court Oct. 26 after waiving her right to a preliminary hearing in 58th District Court Sept. 22.
The case began when Park Township election officials reviewed absentee ballot return envelopes submitted by Rekar for her two adult children. As part of the standard signature-verification process, Township Clerk’s office staff identified discrepancies between the signatures on the envelopes and those contained in the voters’ records. Staff also recognized similarities to the parent’s signature in her own voter record and absentee ballot materials.
The affected envelopes were immediately set aside, and the incident referred to the Ottawa County Sheriff’s Office for investigation. Following the investigation, the Ottawa County Prosecutor’s Office authorized criminal charges.
Both ballots containing the invalid signatures were rejected by the Park Township Clerk’s Office and were not counted.
“Our election staff followed the established procedures, recognized that something was not right and acted immediately,” Park Township Clerk Joan Zeerip said in a news release. “The safeguards surrounding absentee voting exist to ensure that every ballot is cast by the voter to whom it was issued.”
Ottawa County Clerk Justin Roebuck said the case illustrates both the strength of the absentee ballot verification process and the importance of cooperation among local election officials and law enforcement. He added that enforcing absentee ballot laws also protects the rights of the individual voters involved.
“Every voter has the right to make their own choices and the responsibility to personally certify their ballot by signing the return envelope,” Roebuck said. “Your vote is your voice, and it belongs to you alone. Michigan law provides a proper process when a voter needs assistance, but no one, including a family member, can make the voter’s choices or sign the voter’s name. If you are considering completing or signing another person’s ballot, don’t. It is a serious violation of election law and will be referred to law enforcement for investigation and potential prosecution.”
Ottawa County Prosecuting Attorney Sarah Matwiejczyk emphasized the importance of cooperation among election officials and law enforcement.
“We take reported violations of election law seriously,” Matwiejczyk said. “Our office works closely with local election officials and law enforcement to protect the integrity of our elections.”
Voters who need assistance completing or returning an absentee ballot can contact their city or township clerk for guidance before returning the ballot. Anyone assisting a voter must follow the procedures established under Michigan law and may not make voting choices on the voter’s behalf.
Rekar is free on personal recognizance bond. If convicted, she could be sentenced to up to five years in prison.
Gravel Truck Rolls Over at Roundabout
A 72-year-old driver from Allendale suffered non-life threatening injuries when his gravel truck rolled over at the new roundabout at Port Sheldon Street and 120th Avenue in Olive Township last Friday.
The crash took place shortly before 1:30 p.m. An investigation by the Ottawa County Sheriff’s Office showed that the truck was hauling about 40,000 pounds of sand and was traveling throughout the roundabout when its load shifted, causing the semi and trailer to roll over onto its side.
The driver had to be extricated by Olive Township Fire/Rescue, and was taken to a local hospital for treatment. The intersection and roundabout remained partially closed for an extended period of time for cleanup, Lt. Nick Knott of the sheriff’s office said.
The Port Sheldon/120th roundabout was built earlier this summer under a contract with the Ottawa County Road Commission and opened to traffic in mid-August.
The crash took place shortly before 1:30 p.m. An investigation by the Ottawa County Sheriff’s Office showed that the truck was hauling about 40,000 pounds of sand and was traveling throughout the roundabout when its load shifted, causing the semi and trailer to roll over onto its side.
The driver had to be extricated by Olive Township Fire/Rescue, and was taken to a local hospital for treatment. The intersection and roundabout remained partially closed for an extended period of time for cleanup, Lt. Nick Knott of the sheriff’s office said.
The Port Sheldon/120th roundabout was built earlier this summer under a contract with the Ottawa County Road Commission and opened to traffic in mid-August.
––––––––––––––––––––
Subscribe to the Legal News!
https://legalnews.com/Home/Subscription
Full access to public notices, articles, columns, archives, statistics, calendar and more
Day Pass Only $4.95!
One-County $80/year
Three-County & Full Pass also available
