Elmwood Township: Wind energy conversion system moratorium ordinance

Officials in Tuscola County’s Elmwood Township have enacted a one-year moratorium on construction of wind turbines, citing a need to “better protect the public health, safety and welfare” of residents. The moratorium wording is below and can be downloaded from the links on this page.

On March 3, 2016, Elmwood Township (the “Township”) adopted Ordinance No. 111, Wind Energy Conversion System Moratorium Ordinance (the “Ordinance”). The following is a summary of the Ordinance. A true copy of the Ordinance is available at the Office of the Township Clerk, 6437 Lincoln St., Gagetown, MI 48735.

Section 1. Title. This section states that the Ordinance shall be known as the “Elmwood Township Wind Energy Conversion System Moratorium Ordinance.”  

Section 2. Purpose.  Among other things, this section states that the Township wishes to consider amendments to its regulations concerning Wind Energy Conversion Systems to better protect the public health, safety, and welfare of Township residents and requires sufficient time for the enactment of such amendments. 

Section 3. Definitions. This section defines the terms “Township Board” and “Wind Energy Conversion Systems.” 

Section 4. Regulation. This section provides that the Township Board declares a moratorium, on a temporary basis, on the establishment, placement, construction, enlargement and/or erection of Wind Energy Conversion Systems within the Township and on the issuance of any and all permits, licenses or approvals for any property subject to the Township’s Zoning Ordinance for the establishment or use of Wind Energy Conversion Systems, in order to allow time for review of and potential amendments to the Township’s Zoning Ordinance.

Section 5. Duration of Ordinance. This section provides that the moratorium will remain in effect for a period of twelve (12) months following the effective date of the Ordinance or until the Wind Energy Conversion System regulations in the Township’s Zoning Ordinance are amended, whichever occurs first. Before the moratorium expires, the Township may by resolution extend the moratorium as appropriate to allow sufficient time to complete amendments to its Zoning Ordinance. If an extension is adopted, the Township will publish notice of the extension. 

Section 6. Severability. This section provides that if any portion of the Ordinance is found invalid for any reason, such holding shall not be construed as affecting the validity of the remaining portions of the Ordinance.

Section 7. Repealer. This section provides that the Ordinance repeals Ordinance No. 110, Industrial Wind Energy Conversion System Moratorium Ordinance. 

Section 8. Effective Date. This section provides that the Ordinance shall become effective immediately following publication.

Connie McNaughton, Clerk
Elmwood Township
6437 Lincoln Street
Gagetown, MI 48735
(989) 673-2371

Elmwood Twp

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MAR 3 2016
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