Public Notices (Published November 21, 2024)

NORTH SHADE

TOWNSHIP

GRATIOT COUNTY, MICHIGAN

SOLAR ENERGY

SYSTEMS

ZONING ORDINANCE AMENDMENT

ORDINANCE NO. 2024-08

At a meeting of the Township Board of North Shade Township, Gratiot County, Michigan, held at the North Shade Township Hall on October 21, 2024, at 7:00 p.m., Township Board Member Kathy Keiffer moved to adopt the following Ordinance, which motion was seconded by Township Board Member Arthur Kurtze III.

An Ordinance to amend the North Shade Township Zoning Ordinance, as amended, to regulate solar energy systems.

NORTH SHADE TOWNSHIP, GRATIOT COUNTY, MICHIGAN ORDAINS:

WHEREAS the Township seeks to regulate solar energy systems to promote the health, safety, and welfare of the Township and its residents; and

WHEREAS the Township seeks to allow for safe and effective use of renewable energy while preserving farmland, a major component of the landscape and industry of North Shade Township; and

WHEREAS the Township, with other surrounding municipalities, hosts the Gratiot Farms Wind Project, which is an approximately 150-megawatt wind farm comprising of approximately 24,000 acres as well as the other major wind farm being the Heartland Farms Wind Project, which provides approximately 200 megawatts of energy. Due to the Township hosting substantial renewable energy projects, it desires to closely regulate any further promulgation of renewable energy projects in the Township (especially solar energy systems that require large amounts of farmland).

SECTION 1. AMENDMENT TO CHAPTER VI.C: The North Shade Township Zoning Ordinance, Chapter VI shall be amended to add Section 6C.19 to state as follows:

Section 6C.19 Solar Energy Systems

A. INTENT & PURPOSE.

The purpose of this Section is to promote the harmonious and efficient utilization of solar energy by regulating the siting, design, and installation of solar energy systems. The purpose for adoption is to safeguard public health, safety, and welfare, and to ensure the compatibility of these systems with surrounding land uses. The regulations are crafted to minimize potential negative impacts on neighboring properties and preserve the overall aesthetic appeal of the community.

B. DEFINITIONS.

1. Abandonment. Any solar energy system that remains nonfunctional or inoperative to the extent that it is not used to generate electric energy for a continuous period of 18 months will be considered abandoned and subject to abandonment and decommissioning proceedings.

2. Concentrated Solar Glare. A continuous source of bright light caused by the reflection of sunlight against a component of a solar energy system that has the potential to disorient, distract, or annoy.

3. Decommission. To remove or retire a solar energy system from active service and restore associated lands to a substantially similar condition to pre-development or other conditions approved by the Township.

4. Ground-Mounted Solar Energy System. A solar energy system not affixed to or situated on the roof or exterior wall of a principal or accessory building.

5. Height. The vertical measurement from the adjacent grade to the solar energy system’s highest point at its maximum tilt.

6. Nameplate Capacity. The designed full-load sustained generating output of an energy facility. Nameplate capacity shall be determined by reference to the sustained output of an energy facility even if components of the energy facility are located on different parcels, whether contiguous or noncontiguous.

7. Non-Participating Property. A property that, at the time of application, does not have a signed lease or easement agreement with the applicant related to a particular proposed solar energy system.

8. Participating Property. A property that, at the time of application, has an established lease, land rights, or easement agreement with the applicant related to a particular proposed solar energy system.

9. Repowering. Replacing significant project components such as solar arrays with the intent of extending the project’s useful life in lieu of decommissioning the project.

10. Building-Mounted Solar Energy System. A solar energy system that is an integral part of a primary or accessory building or structure (rather than a separate mechanical device), replacing or substituting for an architectural or structural component of the building or structure. Building-integrated systems include, but are not limited to, photovoltaic or hot water solar energy systems that are contained within roofing materials, windows, skylights, and awnings.

11. Small Solar Energy System. An on-site use solar energy system is intended to first serve the needs of the private owner of the parcel on which the system is located.

12. Solar Array. A photovoltaic panel, solar thermal collector and a collection of, or any part of a solar energy system that absorbs solar energy for use in the system’s transformation process. The collector array does not include frames, supports, and mounting hardware.

13. Solar Energy. Radiant energy received from the sun that can be collected in the form of heat or light by a solar energy system.

14. Solar Energy System. A photovoltaic system or solar thermal system for the purpose of collection and conversion of solar energy into electricity or heat.

15. Utility-Scale Solar Energy System. A solar energy system intended to distribute electricity via a utility or to off-site customers.

C. SMALL SOLAR ENERGY SYSTEMS.

1. Permitting.

a. Small Solar Energy Systems shall be permitted as accessory uses in all Zoning Districts, subject to the requirements of this Ordinance.

b. Small Solar Energy Systems shall be approved through the issuance of both a zoning compliance permit and a building permit, provided they meet the requirements of this Section. If the Zoning Officer finds that the Small Solar Energy System may have a possible adverse impact on the public health or safety, he may require the Applicant to apply for Site Plan Approval to the Planning Commission.

2. General Regulations.

a. Setbacks: All Small Solar Energy Systems shall maintain a minimum setback of thirty (30) feet from all property lines.

b. Mechanical equipment must be screened from streets and neighboring residences by fencing or landscaping.

c. Glare: all solar panels shall be sited so that concentrated solar glare shall not be directed toward or onto nearby properties or roadways at any time of day.

d. A site plan, drawn to scale, shall show all existing and proposed structures, driveways, adjacent structures within 100 feet, and any other information required by the Zoning Officer, Building Inspector or Planning Commission that is necessary to determine compliance with this Ordinance.

e. The installation and use of solar energy collectors shall comply with the Township construction code, the electrical code, National Electric Safety Code, and other applicable federal, state and local codes, and shall obtain the required inspections.

f. Components of solar energy collectors shall be approved by the Institute of Electrical and Electronics Engineers (“IEEE”), Solar Rating and Certification Corporation (“SRCC”), Electronic Testing Laboratories (“ETL”), or other similar certification organization acceptable to the Township.

g. Any Small Solar Energy System and the surrounding premises must always be kept and maintained in good repair and condition and must continuously conform with all applicable construction and electrical codes. This shall include, but is not limited to, ensuring that any fencing is maintained to provide sufficient protection and screening, that the property is kept clear of trash and other debris, that all aspects of the Small Solar Energy System are maintained according to industry standards, and that no portion of the Small Solar Energy System is in a blighted, unsafe, or substandard manner.

h. An Abandoned Small Solar Energy System shall be removed by the property owner or occupant within 180 days.

i. Building-Mounted Solar Panels:

i. An Administrative Review is required of all building-mounted solar energy collectors permitted as an accessory use. The application must include the following:

1 Photographs of the property’s existing conditions.

2 Plot plan to indicate where the solar energy equipment is to be installed on the property.

ii. Solar energy collectors that are mounted on the roof of a building shall not project more than five (5) feet above the highest point of the roof but, in any event, shall not exceed the maximum building height limitation for the zoning district in which it is located, and shall not project beyond the eaves of the roof.

iii. Solar energy collectors that are wall-mounted shall not exceed the height of the building wall to which they are attached.

iv. Solar energy collectors shall not be mounted on a building wall that is parallel to an adjacent public right-of-way.

j. Ground-Mounted Solar Panels:

i. Shall not be installed on parcels less than one (1) acre in size.

ii. Shall not be constructed or installed in the front yard of any lot, absent a showing that the Small Solar Energy System cannot be operated efficiently on any other location on the property, and that such operation will not unreasonably interfere with adjacent properties.

iii. The maximum ground area occupied by solar panels and associated paved surfaces is twenty (20) percent of lot size.

iv. If more than 4,000 square feet of impervious surface is proposed, a drainage plan must be submitted with the permit application.

v. The maximum ground-mounted panel height is eight (8) feet, measured from grade to the top of the panel.

vi. Panels shall be screened from residential districts and public rights-of-way by a greenbelt and/or six (6) foot privacy fence.

D. UTILITY-SCALE SOLAR ENERGY SYSTEMS.

1. Permitting.

a. Utility-scale solar energy systems shall be permitted as a special land use in the A-1 and C-1 zoning districts subject to the following standards. Utility-scale solar energy systems are exempt from all lot coverage requirements in this Zoning Ordinance.

b. Utility-scale solar energy systems are subject to the requirements for special land use permitting and approval under this Zoning Ordinance in addition to the regulations in this section.

2. Submission Requirements.

a. All applications for a utility-scale solar energy system must be accompanied by detailed site plans, drawn to scale and dimensioned and certified by a registered engineer licensed in the State of Michigan, displaying the following information, in addition to the information required for special land use permits under Chapter 10:

i. Site Plan. A site plan.

ii. Application Escrow. An application escrow account, which shall be funded by the applicant when an applicant applies for a special land use permit for a utility-scale solar energy system. The monetary amount placed by the applicant in escrow with the Township shall be estimated by the Township to cover all reasonable costs and expenses associated with the special land use permit review and approval process (including site plan review), which costs include, but are not limited to, reasonable fees of a Township attorney, planner, and/or engineer, as well as costs for any other outside consultants or reports or studies that the Township determines are reasonably related to the zoning review process for a particular application. Such escrow amount shall be in addition to any non-refundable application fees determined by the Township. At any point during the zoning review process, the Township may require that the applicant place additional monies in escrow with the Township should the existing escrow amount filed by the applicant be insufficient. If the escrow account needs replenishing and the applicant refuses to do so within 45 days, the zoning review and approval process shall cease until and unless the applicant makes the required escrow deposit. Such application escrow shall be held by the Township Treasurer in a separate bank account, and upon completion of Township zoning review, all excess escrow funds must be returned to an applicant without interest.

iii. Contact Information. The complete name, address, and telephone number of the applicant.

iv. Construction Plan. The planned date for the start of construction and the expected duration of construction.

v. Project Description. A description of the utility-scale solar energy system, including:

1. The location and a description of the utility-scale solar energy system.

2. A description of the anticipated effects of the utility-scale solar energy system on the natural environment, natural resources, and solid waste disposal capacity, which may include records of consultation with relevant state, tribal, and federal agencies.

3. Additional information required by the Township as it relates to the site plan.

vi. Expected Use. A description of the expected use of the utility-scale solar energy system.

vii. Expected Benefits. Expected public benefits of the proposed utility-scale solar energy system.

viii. Environment and Natural Resources. The expected direct impacts of the proposed utility-scale solar energy system on the environment and natural resources, including impacts to avian wildlife and wildlife migration due to fenced areas, and how the applicant intends to address and mitigate these impacts.

ix. Public Health and Safety. Information on the effects of the proposed utility-scale solar energy system on public health and safety.

x. Alternative Locations. If the proposed site of the utility-scale solar energy system is undeveloped land or on prime farmland, a description of feasible alternative developed locations, including, but not limited to, vacant industrial property and brownfields and lands not as better suited for agricultural production, and an explanation of why they were not chosen.

xi. Consultations. Evidence of consultation, if applicable, before submission of the application, with the Michigan Department of Environment, Great Lakes, and Energy and other relevant state and federal agencies before submitting the application, including, but not limited to, the Department of Natural Resources and the Department of Agriculture and Rural Development.

xii. Agricultural Lands Analysis. Each applicant must commission and submit a study at their own expense, on the impacts of the utility-scale solar energy system on prime farmland with the Township, including whether such a system will result in the conversion of any prime farmland, whether such land may be simultaneously used for animal grazing and/or farming in addition to housing the system, the availability of other prime farmland to support the Township’s farms and the economic impact

of conversion of such prime farmland on the Township. Such study shall indicate how: (1) an

applicant selected the project location and layout in a manner that minimizes impacts to prime farmland and utilizes project lands for, if applicable, continued agricultural activities; and (2) how project restoration and decommissioning plans enable project lands that were prime farmland or used for agricultural purposes to still be prime farmland or suitable for agricultural purposes. Applicants shall ensure that any utility-scale solar energy system sited on lands used for agricultural purposes or prime farmland can be maintained and returned to a state to continue to be used for agricultural purposes after project decommissioning and all costs associated with

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such maintenance and restoration of lands back to a state suitable to continue agricultural purposes or to still be considered prime farmland is included in any decommissioning security submitted to the Township.

xiii. Interference. If the utility-scale solar energy system is reasonably expected to have an impact on television signals, microwave signals, agricultural global position systems, military defense radar, radio reception, or weather and doppler radio, a plan to minimize and mitigate that impact.

xiv. Drainage. The applicant shall submit to the Township a report with images of all existing drainage tiles to establish a baseline condition of the tile. To preserve agricultural drainage and to manage stormwater, an applicant must further: (1) submit an approved stormwater management plan for the utility-scale solar energy system that is approved by the Gratiot County Drain Commissioner; (2) submit a required drain tile maintenance plan for the life of the system that ensures the restoration and maintenance of any agricultural drain tile affected by a project; (3) ensure modifications to lands hosting a utility-scale solar energy system do not adversely impact neighboring agricultural drainage infrastructure; and (4) must restore all public and private drainage systems (including agricultural drain tile) at decommissioning to allow drainage to occur consistent with pre-construction conditions, including, but not limited to, pre-construction conditions that provide for agricultural uses of properties. All requirements to restore public and private drainage infrastructure as required by this section must be accounted for in the value of any decommissioning security posted by an applicant.

xv. Fire and Emergency Response. A fire response plan and an emergency response plan must specifically reference the equipment and training necessary for local emergency responders to respond to emergencies, including fires, that could occur on project lands. The applicant should identify any training and/or equipment it will provide local first responders should they lack sufficient resources to respond to an emergency at the project.

xvi. Decommissioning Bond. A decommissioning plan that is consistent with the requirements of this section. The decommissioning plan shall include, but is not limited to, financial assurance in the form of a bond, a parent company guarantee, or an irrevocable letter of credit, but excluding cash. The amount of the financial assurance shall not be less than the estimated cost of decommissioning the utility-scale solar energy system, without deducting salvage value, as calculated by a third party with expertise in decommissioning, hired by the applicant. Applicants shall enter into a decommissioning agreement with the Township in a form acceptable to the Township Board to govern the use of the financial instrument. The decommissioning agreement must specify: (1) the anticipated life of the project before decommissioning; (2) how the Township will receive land access rights to decommission a project should it be required to decommission the project; and (3) periodic updates to the financial assurance in five-year periods to increase the amount of the financial assurance.

xvii. As-Builts. 180 days after construction of a utility-scale solar energy system, as-built files shall be submitted in electronic and paper copies demonstrating that a project was built in compliance with any application materials and Township zoning approvals. The as-built submittals must include all applicable electronic and hard copies of the following information: Adobe PDF documents, coordinate data for all site features, and GIS and CAD files for all the information listed above.

xviii. Material Safety Data Sheets and Manufacturer’s Manuals. Upon submission of an application, an applicant must provide all material safety data sheets and manufacturer’s instructions/manuals for substantive project components (e.g., panels and inverters, but not fencing) for Township review and inspection. Should any of the above information be considered confidential or a trade secret, the applicant shall indicate a process to allow inspection of such materials upon request by the Township while at the same time protecting disclosure of the documents to the extent permitted by Michigan public record statutes.

xix. Community Impacts Analysis. A study that identifies all impacts of a proposed project on community resources and services, including, but not limited to, roads, fire protection (including any necessary training or equipment), police protection, emergency medical services, and public drainage systems including culverts. Applicants shall demonstrate in an application for a utility-scale solar energy system, how they will ensure impacts from a proposed project on community resources and services will be addressed by the applicant and not be borne on the Township.

xx. Visual Analysis. Renderings of the proposed project that show the Township how the proposed project will look from various vantage points from roadways and non-participating properties.

xxi. Other information reasonably required by the Township.

3. Operation Requirements.

a. Setbacks. Utility-scale solar energy systems shall be subject to the following setback requirements, which shall be measured from required fencing. No setbacks shall apply between participating properties hosting the same project. Further, nothing in this ordinance, prohibits: (1) the erection of a structure or structures in these setbacks if the structure or structures is/are not used in the operation of the utility-scale solar energy system and authorized by the Zoning Ordinance; and (2) prohibits the placement of underground electrical collection lines or necessary drainage infrastructure within required setback areas should such collection lines or drainage infrastructure be of sufficient space from non-participating properties to allow maintenance, repair, and removal of lines or infrastructure (e.g., during decommissioning) to entirely occur on participating properties and not result in any spoils being stored on, or other activities occurring on, non-participating properties.

Setback Description

Buildings regularly occupied by humans on nonparticipating properties

Setback Requirement

400 feet from the nearest point on the outer wall

Setback Description

Public road right-of-way

Setback Requirement

100 feet measured from the nearest edge of a public road right-of-way

Setback Description

Nonparticipating Properties

Setback Requirement

300 feet measured from the nearest shared property line

b. Fencing. Fencing for the utility-scale solar energy system shall comply with the latest version of the National Electric Code or any applicable successor standard approved by the Planning Commission as reasonable and consistent with the purposes of this subsection. Areas that host visible utility-scale solar energy system components shall be completely enclosed by a perimeter security fence to restrict unauthorized access. Such fencing shall be eight (8) feet in height as measured from the natural grade of the fencing perimeter and the fencing must utilize fabric screening or other acceptable methods to the Township to screen the utility-scale solar energy system from visibility.

c. Height. Solar panel components shall not exceed a maximum height of 18 feet above ground when the arrays are at full tilt.

d. Noise. No utility-scale solar energy systems shall cause noise in excess of forty-five (45) dBA (using Leq-10 minute or other acceptable scale to the Township, but not Lmax) as measured at the property line of a non-participating parcel. Applicants must provide a pre-construction and post-construction sound study to the Township demonstrating compliance with this standard.

e. Lot Coverage. Utility-scale solar energy systems are exempt from the maximum lot coverage requirements of the Zoning Ordinance.

f. Lighting. The utility-scale solar energy system shall implement dark sky-friendly lighting solutions.

g. Glare. All solar panels shall be placed such that concentrated solar glare shall not be directed onto nearby properties or roadways. Applicants must provide a pre-construction and post-construction glare study to the Township demonstrating compliance with this standard and may be required to utilize operational controls on a utility-scale solar energy system (e.g., tilting of panels at certain times) to ensure such compliance.

h. Screening. A utility-scale solar energy system shall be completely enclosed by perimeter security fencing to restrict unauthorized access.

i. Unless screened and buffered at all times by natural forest vegetation meeting the minimum spacing and height requirements, and having a substantially similar obscuring effect of an evergreen vegetative buffer installed pursuant to this section, a continuous evergreen vegetative buffer shall be installed and maintained at all times at the perimeter of all utility-scale solar energy systems, including without limitation between such utility-scale solar energy system and adjacent residential or agricultural areas and/or public highways or streets. Nothing contained herein shall be construed to prevent reasonable access to any utility-scale solar energy system as approved by the special land use permit.

ii. The evergreen or native vegetative buffer shall be composed of native or evergreen trees that at planting shall be a minimum of four feet in height and shrubs two feet in height. The evergreen trees shall be spaced no more than 15 feet apart on center (from the central trunk of one plant to the central trunk of the next plant), native trees shall be placed no more than 30 feet apart on center and shrubs shall be spaced no more than seven feet apart on center. All unhealthy (60% dead or greater) and dead material shall be replaced by the applicant within six months, or the next appropriate planting period, whichever occurs first, but under no circumstances should the applicant allow unhealthy or dead material to remain in place for more than six consecutive months. Failure to maintain the required evergreen vegetative buffer as required by this section shall constitute a violation of this Ordinance and sufficient grounds for revocation of any special land use permit previously granted.

iii. All plant materials shall be installed between March 15 and November 15. If the applicant is unable to plant during the installation period, the applicant will provide the Township with a letter of credit, surety, or corporate guarantee for an amount equal to 1.5 times the cost of any planting deficiencies that the Township shall hold until the next planting season. After all plantings have occurred, the Township shall return the financial guarantee.

iv. The landscaping requirements above can be waived upon request by an applicant in instances where screening may be unnecessary such as in between two participating properties, in between two vacant farm fields, or in other similar situations (e.g., screening may not be necessary or will disrupt agricultural activities). Moreover, the Township may accept reasonable alternative plantings from an applicant to accomplish screening of a project should the plantings have, in the Township’s determination, the same or a greater screening effect of the project.

i. Complaint Resolution.

i. i.From construction until project decommissioning, an applicant or owner or operator of a utility-scale solar energy system must maintain a complaint resolution process that includes a publicly available permanent phone number and contact information for residents to make complaints regarding the project related to violations of the Zoning Ordinance or any zoning approvals. Such process must include a form available to the public to submit complaints which shall also be made available online and be provided to the Township for distribution to residents. A utility-scale solar energy system owner or operator shall acknowledge receipt of such complaints within five (5) business days and shall resolve complaints within 30 days unless impractical in which case the owner or operator must notify the Township and complainant of an estimated timeframe to resolve a complaint. The complaint resolution process may not require a complainant or the Township to post a monetary deposit or otherwise pay for the owner or operator to resolve or investigate a complaint. The utility-scale solar energy system owner or operator must notify the Township of any received complaints and resolutions to complaints on a monthly or bi-monthly basis.

j. Reporting.

i. From construction until project decommissioning, an applicant shall make available upon annual reports on trends and usage of the project including all maintenance activities.

k. Inspection.

i. The Township shall have the right to inspect a utility-scale solar energy system for consistency with the requirements of the Zoning Ordinance and all zoning approvals. The owner or operator shall provide the Township and any of its officials, employees, or retained consultants access to the project for such inspections but may accompany the Township on such inspections and require individuals inspecting the project to adhere to required safety protocols. The Township shall give reasonable advance notice of an inspection, which in no case shall be less than three (3) business days.

l. Transportation Plan and Road Impacts.

i. Prior to any construction, an owner or operator of a utility-scale solar energy system shall provide the Township the description of routes to be used for construction of the project, any improvements to roadways necessary for the project, a copy of any performance guarantee, and any executed agreements related to the aforementioned matters submitted to the County Road Commission or Michigan Department of Transportation for project road use and repair.  All material damage to a public road located within the Township resulting from a utility-scale solar energy system’s construction, maintenance, or operation, must be repaired at a project owner or operator’s expense.

m. Safety.

i. All collection system wiring shall comply with all applicable safety and stray voltage standards.

ii. All access doors to the utility-scale solar energy facility or its components shall be lockable and kept secured at all times when service personnel are not present.

iii. A sign shall be posted near the entrance to the project that will contain emergency contact information.

n. Project Appearance and Good Repair.

i. Until project decommissioning, the owner and operator must maintain the utility-scale solar energy system and its components including but not limited to fencing, required landscaping, solar arrays, inverters in good repair. The fenced area and the area immediately surrounding the project shall be kept free of refuse, waste, and debris, and shall be neat, clean, and free of unsightly/unkempt, hazardous, or unsanitary conditions. No storage shall occur within the fenced area or the area immediately surrounding the project post-construction.

o. Responsibility for Erosion and Flooding.

i. Any erosion or flooding of property as a result of the construction or operation of the utility-scale solar energy system structures or access roads is the responsibility of the owner or operator.

p. Continuing Enforcement Escrow.

i. Prior to construction and until a utility-scale solar energy system is decommissioned, a project owner or operator shall deposit and maintain a continuing escrow deposit (either in cash, letter of credit, or by surety bond) to cover all reasonable costs and expenses incurred by the Township to enforce the Zoning Ordinance and the terms of the project’s zoning approvals including site plan and conditions, for the life of the project. Such continuing enforcement escrow deposit may be used towards necessary enforcement actions and reports or studies necessary for enforcement and may fund reasonable fees for the Township Attorney, Township Engineer, Township Planner, or any other consultant

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necessary for enforcement actions and the project owner or operator must deposit more funds with the Township as part of the continuing enforcement escrow should the Township expend all deposited funds or need to spend more funds for a particular enforcement action. The initial enforcement escrow deposit shall be in the amount no less than $7,500.

q. Application Consistency and Repowering.

i. Any project must be constructed, operated, and maintained consistent with this Section and its zoning approval unless the owner or operator obtains a new zoning approval from the Township to alter the approved project. The owner or operator must apply for and be granted a new special land use permit and site plan under the Zoning Ordinance prior to repowering the project.

r. Liability Insurance. The applicant shall maintain a current general liability policy for any project covering bodily injury and property damage with limits of at least five million ($5,000,000) dollars per occurrence and five million ($5,000,000) dollars in the aggregate and naming the Township and its officers and staff as additional insureds, and provide proof that it meets the insurance requirement to the Township prior to approval

s. Abandonment, Decommissioning, and Financial Surety.

i. Any utility-scale solar energy system which has reached the end of its useful life or has been abandoned consistent with this section of the Zoning Ordinance shall be removed and parcel owners shall be required to restore the site to a substantially similar condition as predevelopment. The owner or operator shall physically remove the installation no more than 150 days after the date of discontinued operations. The owner or operator shall notify the Township by certified mail of the proposed date of discontinued operations and plans for removal.

ii. Absent notice of a proposed date of decommissioning or written notice of extenuating circumstances, the utility-scale solar energy system shall be considered abandoned when it remains nonfunctional or inoperative to the extent that it is not used to generate electric energy for a continuous period of 18 months. If the owner or operator fails to remove the installation in accordance with the requirements of this section within 150 days of abandonment, the Township is permitted to enter the property and physically remove the installation at the owner’s expense.

iii. Decommissioning shall consist of:

a. Physical removal of all utility-scale solar energy systems, structures, equipment, security barriers, concrete, and transmission lines (including underground lines) from the site. All underground infrastructure shall be removed in a manner to ensure best agricultural restoration.

b. Disposal of all solid and hazardous waste in accordance with local, state and federal waste disposal regulations.

c. Stabilization or re-vegetation of the site as necessary to minimize erosion.

iv. To ensure decommissioning occurs, prior to construction of a project, a utility-scale solar energy system owner and operator must prepare a decommissioning agreement and corresponding bond or acceptable financial instrument in a format and amount acceptable to the Township’s legal counsel. Such documents may be submitted to the Township and shall be approved by the Township Board. The amount of the bond or acceptable financial instrument outlined in the decommissioning agreement shall not credit salvage value of any project improvements due to, among other things, the Township lacking expertise to salvage a large-scale utility project. The decommissioning agreement entered into with the Township shall include a mechanism to increase the amount of decommissioning bond at a periodic interval (e.g., every five years) using a method deemed acceptable by the Township (e.g., inflationary index or new study estimating decommissioning costs) to account for changing decommissioning costs.

SECTION 2. AMENDMENT TO CHAPTER III: The North Shade Township Zoning Ordinance Chapters III shall be amended to add utility-scale solar energy systems as a special land use in the A-1 and C-1 zoning districts.

SECTION 3. AMENDMENT TO CHAPTER III: The North Shade Township Zoning Ordinance Chapter III shall be amended to add accessory small solar energy systems as a permitted use in all zoning districts.

SECTION 4. SEVERABILITY: The provisions of this Ordinance are declared severable. If any part of this Ordinance is declared invalid for any reason by a court of competent jurisdiction, that declaration does not affect or impair the validity of all other provisions that are not subject to that declaration.

SECTION 5. REPEAL AND FORM: All ordinances or parts of ordinances in conflict with this Ordinance are hereby repealed. Further, the Township may use the content of this Ordinance and compile/insert it into the existing North Shade Township Zoning Ordinance document including making any technical provision numbering or clerical revisions as necessary for the compilation. See MCL 41.186 (ability of Township to codify its ordinances).

SECTION 6. EFFECTIVE DATE: This Ordinance shall take effect seven days after publication of a notice of adoption of this Ordinance, unless referendum procedures are initiated under MCL 125.3402. If referendum procedures are initiated, this Ordinance will take effect in accordance with MCL 125.3402.

YEAS: John Peck, Scott Friesen, Arthur Kurtze III, Kathy Keiffer and Tyler Wilson

NAYS:  None

ABSENT: None

ORDINANCE DECLARED ADOPTED.

Approved By:

John Peck, Township Supervisor

CERTIFICATION

I hereby certify that:

1. The above is a true copy of an Ordinance adopted by the North Shade Township Board at a duly scheduled and noticed meeting of that Township Board held on October 21, 2024, pursuant to the required statutory procedures.

2. A summary of the above Ordinance was duly published in the Gratiot County Herald  newspaper, a newspaper that circulates within North Shade Township, on  November 2024.

3. Within one week after such publication, I recorded the above Ordinance in a book of ordinances kept by me for that purpose, including the date of passage of the Ordinance, the names of the members of the township board voting, and how each member voted.

4. I filed an attested copy of the above Ordinance with the Gratiot County Clerk on November 17, 2024.

ATTESTED:

Kathy Keiffer, Township Clerk

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NORTH SHADE
TOWNSHIP
GRATIOT COUNTY, MICHIGAN
ENERGY STORAGE
ZONING ORDINANCE AMENDMENT
ORDINANCE NO. 2024-08

At a meeting of the Township Board of North Shade Township, Gratiot County, Michigan, held at the North Shade Township Hall on October 21, 2024, at 7:00 p.m., Township Board Member Kathy Keiffer moved to adopt the following Ordinance, which motion was seconded by Township Board Member Arthur G. Kurtze, III.
An Ordinance to amend the North Shade Township Zoning Ordinance, as amended, to regulate energy storage facilities.
NORTH SHADE TOWNSHIP, GRATIOT COUNTY, MICHIGAN ORDAINS:
SECTION 1. AMENDMENT TO CHAPTER VI.C: The North Shade Township Zoning Ordinance, Chapter VI shall be amended to add Section 6C.20 to state as follows:
Section 6C.20 Energy Storage Facilities
1. Intent & Purpose.
The purpose of this Section is to promote the effective and efficient use of energy storage facilities. It is the intent of the Township to permit these systems by regulating their siting, design, and installation to protect the public health, safety, and welfare, and to ensure their compatibility with adjacent land uses. Energy storage facilities, as defined in this Ordinance, shall comply with the provisions of this section and are only permitted as authorized by this section.
2. Definitions.
a. Abandonment. Any energy storage facility that remains nonfunctional or inoperative to the extent that it is not used to absorb, store, or discharge energy for a period of 18 months will be considered abandoned and subject to abandonment and decommissioning provisions.
b. Dark Sky-Friendly Lighting Technology. A light fixture that is designed to minimize the amount of light that escapes upward into the sky.
c. Energy Storage Facility. A system that absorbs, stores, and discharges electricity (e.g., using batteries) for transmission to off-site costumers.
3. Permitting.
a. Energy storage facilities shall be authorized as special land uses in the agricultural and commercial zoning districts subject to the standards in this Section.
b. Energy storage facilities are subject to the general requirements for special land use permitting and approval under the Zoning Ordinance in addition to the regulations in this Section.
4. Additional Application Requirements for Utility-Scale Energy Storage Facilities.
a. All applications for energy storage facilities must be accompanied by detailed site plans, drawn to scale and dimensioned and certified by a registered engineer licensed in the State of Michigan, displaying the following information, in addition to the information required for special land use permits under the Zoning Ordinance.
i. Site Plan. A site plan.
ii. Contact Information. The complete name, address, and telephone number of the applicant.
iii. Description. A description of the energy storage facility, including:
1. The location and a description of the energy storage facility.
2. A description of the anticipated effects of the energy storage facility on the natural environment, natural resources, and solid waste disposal capacity, which may include records of consultation with relevant state, tribal, and federal agencies.
3. A description of the expected use of the energy storage facility.
4. Additional information required by the Township as it relates to the site plan.
iv. Public Benefits. Expected public benefits of the proposed energy storage facility.
v. Environment Impacts. The expected direct impacts of the proposed energy storage facility on the environment and natural resources and how the applicant intends to address and mitigate these impacts.
vi. Public Health and Safety. Information on the effects of the proposed energy storage facility on public health and safety.
vii. Agency Consultation. Evidence of consultation, if applicable, before submission of the application, with the Department of Environment, Great Lakes, and Energy and other relevant state and federal agencies before submitting the application, including, but not limited to, the Department of Natural Resources and the Department of Agriculture and Rural Development.
viii. Agricultural Impact. Each applicant must commission and submit a study at their own expense, on the impacts of the energy storage facility on prime farmland with the Township, including whether such a facility will result in the conversion of any prime farmland, whether such land may be simultaneously used for animal grazing and/or farming in addition to housing the facility, the availability of other prime farmland to support the Township’s farms and the economic impact of conversion of such prime farmland on the Township. Such study shall indicate how: (1) an applicant selected the project location and layout in a manner that minimizes impacts to prime farmland and utilizes project lands for, if applicable, continued agricultural activities; and (2) how project restoration and decommissioning plans enable project lands that were prime farmland or used for agricultural purposes to still be prime farmland or suitable for agricultural purposes. Applicants shall ensure that any facility sited on lands used for agricultural purposes or prime farmland can be maintained and returned to a state to continue to be used for agricultural purposes after project decommissioning and all costs associated with such maintenance and restoration of lands back to a state suitable to continue agricultural purposes or to still be considered prime farmland is included in any decommissioning security submitted to the Township.
ix. Interference. If the energy storage facility is reasonably expected to have an impact on television signals, microwave signals, agricultural global position systems, military defense radar, radio reception, or weather and doppler radio, a plan to minimize and mitigate that impact.
x. Stormwater. A stormwater assessment and a plan that will require approval by the Gratiot County Drain Commissioner to minimize, mitigate, and repair any drainage impacts at the expense of the applicant. All stormwater assessment and plans must include content on how an applicant will take measures to either not disturb and maintain existing private drainage infrastructure including drain tile, or will upon decommissioning repair such private drainage infrastructure to allow lands to continue to be suitable for agricultural use, if applicable.
xi. Emergency and Fire Response. An emergency response plan addressing how emergency services providers (EMS, fire, and law enforcement) can respond to emergencies that could occur on a facility. Applicants shall demonstrate how their emergency response plan is consistent with industry practices and standards for similar facilities including compliance with NFPA 855: “Standard for the Installation of Stationary Energy Storage Systems” or successor standard. The emergency response plan shall also be provided by the applicant to Township emergency medical services, fire protection, and law enforcement providers for an opportunity to comment, and comments from the providers above must be submitted to the Township for review. The emergency response plan shall include a containment plan addressing surrounding areas. Should an emergency response plan identify any necessary resources or training not possessed by a Township emergency services provider, the applicant must identify how it will provide such resources or training to the applicable provider.
xii. Decommissioning Plan. A decommissioning plan drafted by a professional engineer that is consistent with the requirements of this Ordinance. The decommissioning plan shall include, but is not limited to, financial assurance in the form of a bond, a parent company guarantee, or an irrevocable letter of credit, but excluding cash. The amount of the financial assurance shall not be less than the estimated cost of decommissioning the energy storage facility, without deducting salvage value, as calculated by a third party with expertise in decommissioning, hired by the applicant. Moreover, an applicant for an energy storage facility, prior to construction, must enter into a decommissioning agreement with the Township specifying the obligations of decommissioning and notes that: (1) such decommissioning must be assigned to any future owner or operator of the energy storage facility; and (2) the Township will have land rights to perform decommissioning itself with a posted financial assurance should it need to decommission a project. Applicants shall enter into a decommissioning agreement with the Township in a form acceptable to the Township Board to govern the use of the financial assurance. The decommissioning agreement must specify: (1) the anticipated life of the project before decommissioning; (2) how the Township will receive land access rights to decommission a project should it be required to decommission the project; and (3) periodic up