Library filed under Zoning/Planning from Michigan

MI Appeals Court Concluded Interim Zoning Ordinance is Valid and Not Subject to Referendum, and Dismissed Lawsuit by Solar Developer

An interim zoning ordinance put in place by the Township of Benton blocked the construction of a large-scale solar array, proposed by the Sandstone Creek Solar, LLC (“Sandstone”). ...The court went on to explain that the legislative purpose of interim ordinance is “[t]o protect the public health, safety, and general welfare … during the period required for the preparation and enactment of an initial zoning ordinance,” and for this purpose interim ordinances are allowed to take immediate effect. Such purpose would not be fulfilled if interim ordinances could be automatically suspended upon the filing of a referendum petition. 
13 Feb 2021

Pine Township supervisor says wind moratorium is not an option

“A close look should be taken at all of those concerns,” he said. “I’d like to assure everybody that no construction can begin without a special use permit and ultimately a zoning permit. At this point in time, nobody has even applied for the special use part of it. I also agree that the present ordinance could stand some tweaking. The setbacks definitely need a closer look. It does address shadow flicker and decibels and so on — maybe they need to be tightened up.
11 Feb 2021

Sandstone Creek v Benton Township decision

Sandstone_creek_v_benton_township_thumb Sandstone Creek Solar LLC sought to construct a solar energy facility on 850 acres of agriculture land in Benton Township in Eaton County, MIchigan. The township did not have zoning at the time and relied on county zoning for land use regulation. When it became apparent that the County would support approval of the solar project Benton's Trustees adopted an interim zoning ordinance that permitted small-scale solar energy systems in districts zoned for industrial use and permitted large-scale solar energy systems in industrial districts by special use permit. Sandstone Creek and landowner, Gary Walters, filed a suit challenging Benton's actions. In this decision the court upholds the lower court's decision that found the Benton Township acted lawfully. The full decision can be accessed at the document links on this page. 
4 Feb 2021

Matteson passes wind turbine control law

DTE filed written objections that the 328-foot height limit as measured from the tip of the vertical blade prevents the turbine from reaching wind resources. It said 500 feet is more typical in the state. The written presentation ...also claimed the regulations for setbacks made it impossible to site any wind turbines on the almost half of the township under a lease.
7 Mar 2020

Wind turbine zoning goes into effect next week

A week from today, the Sherwood Township Wind Energy zoning ordinance will go into effect requiring a special use permit to erect wind turbines in the township. The amendment was approved last Thursday in a special township meeting by Treasurer Dale Marie Brubaker and Trustees Marjorie Whitcomb and Fred Haack.
11 Dec 2019

Group wins victory in slowing down turbines

Concerned Citizens posted on their Facebook page that the ordinance establishes the maximum height of an industrial turbine at 330 feet. It also requires a setback from a non-participating parcel be 500 percent of the height of the tower and the required setback from a body of water is half a mile.
6 Dec 2019

Sherwood wind turbine issues far from over

After 14 meetings over 23 months, Sherwood Township residents will have to wait until Dec. 5 for the township board to vote on a proposed wind turbine control ordinance. The ordinance would set height limits of 330 feet for turbines, set noise levels, establish blade flicker and set minimum setbacks from property line and residences.
21 Nov 2019

Sherwood planning passes wind turbine ordinance

Attorney Joshua Nolan, hired by Concerned Citizens, said the law was defensible and not arbitrary or capricious. He is already opposing other ordinances for wind turbines in the state. He asked for a lower night time noise limit as well as a provision to require all permits before any construction begins.
13 Sep 2019

https://www.windaction.org/posts?location=Michigan&topic=Zoning%2FPlanning
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