With the possibility of a data center moratorium (pause) coming from the Township Board next week, the Dorr Planning Commission Tuesday began trying to complete work on other ordinances.
First up was the Curb and Gutter ordinance, which the commission has been working on for the last several months and had reached a stage of final review.
The ordinance will mandate all cul-de-sacs and paved street radii to have concrete curbs. This requirement will apply to new roads with 10 or more homes, and to similar roads when they are upgraded.
The commission did exempt the radii requirement when the new paved road is coming off of a gravel road.
Commissioners made it clear to the public that came out against the data center that the new ordinance was only about the curbs. Some of the assembled residents had mistakenly thought that it had to do with the installation of water or sewer lines.
There will be a public hearing on the new ordinance at the March 17planning meeting. Commissioners will be considering at that time to recommend the ordinance to the Township Board.
Jason Derry of Professional Code Inspectors (PCI) started the discussion about a Battery Energy Storage System (BESS) ordinance by explaining to people in attendance against the data center that this ordinance had nothing to do with the data center, and that the commission was not considering approving a battery system.
The ordinance being considered was in response to the State Legislature passing Public Act 233, which took the regulative power over solar, wind and BESS projects away from the local authorities, and brought it up to the state level.
In order for local authorities to have any say on a solar, wind or BESS projects in their community, they need to have “workable” ordinances in place for these projects. If the ordinances are not “workable” for the companies wanting to build a BESS, they can appeal to the state Public Service Commission (PSC). The PSC can then approve a project over the objections of the local authorities.
Derry explained that these projects would be allowing on land zoned for agricultural use, because the State of Michigan has deemed that solar, wind, and BESS operations are a “form of agriculture.”
The new ordinance would have requirements for environmental, sound and light studies to be done. It will also require a decommission plan, and the funds set aside to pay for the decommissioning of a BESS project.
The initial draft of the ordinance called for a 50-foot setback from the road, and other associated property, and 100-foot setback from any non-associated dwelling.
The Planning Commission thought the setback was too close.
The ordinance was changed to a 100-foot setback from the road and associated property, and 300 foot setback from a non-associated dwelling.
Chairman Dan Beute clarified that this ordinance is only for commercial battery energy systems. Non-commercial battery energy systems, like homeowners may have for their own property, would not be subject to requirements in this ordinance.
It was the commission’s goal to complete their work on this ordinance at the March 17 meeting.
