Oshtemo Township - Planning Commission - August 13, 2026 Meeting

Updated 1 day ago

The commission reviews the draft ordinance for energy systems, specifically focusing on battery energy storage systems (BESS). The meeting covers various concerns including safety measures, zoning restrictions, environmental impacts, and community engagement. Several residents express their concerns about potential risks and propose stricter regulations to protect the community. The commission discusses the need for specific language in the ordinance to address issues such as noise, fire safety, and environmental protection. They also consider input from experts and residents to refine the ordinance. The meeting highlights the importance of community involvement and thorough examination of potential impacts of energy storage systems.

Chapters

Pledge of Allegiance (00:00:47)
Meeting begins with the recitation of the Pledge of Allegiance by attendees.

The meeting commenced with all present standing to recite the Pledge of Allegiance, demonstrating respect and unity.
Approval of Agenda (00:01:22)
Council members review and approve the meeting agenda without changes.

The agenda for the meeting was presented for approval. Members were asked if there were any changes or corrections needed. A motion was made and seconded to approve the agenda as presented, and all members voted in favor.
Approval of Minutes (00:01:43)
Minutes from the previous meeting are reviewed and approved.

The minutes from the previous meeting were reviewed. Members were asked if there were any changes or corrections needed. A motion was made and seconded to approve the minutes. The motion passed with all in favor.
Discussion of Proposed Ordinance (00:02:28)
A proposed ordinance is discussed line by line, with public comments to follow.

The council discussed a proposed ordinance in detail. The process involved a line-by-line review to ensure clarity and completeness. The session was planned to last until 8:00 PM, after which public comments would be invited.
Definitions and Regulations of Energy Systems (00:03:59)
Detailed definitions and regulations for energy systems are read and discussed.

The meeting continued with thorough readings of definitions and regulations pertaining to energy systems, including terms related to battery energy storage systems and emergency response plans. Specific definitions were debated to ensure comprehensive understanding.
Public Comment (00:09:59)
Members of the public are invited to comment on the ordinance discussion.

The floor was opened for public comment, allowing attendees to express opinions or concerns about the proposed ordinance and the discussion held during the meeting.
Discussion on Identification of Wildlife and Scenic Corridors (00:38:55)
The board discussed identifying wildlife or scenic corridors including archeological, geological, historical, or scenic areas, and the inclusion of adjacent waterways or bodies of water.

The board discussed the importance of identifying wildlife and scenic corridors. This includes open spaces that are known archeological, geological, historical, or scenic areas, parks, designated wilderness forest lands, specialty farms, scenic vistas, conservation easements, wetlands, federal or state designated byways, nature preserves, wildlife sanctuaries, and designated trails. Major communication and utility uses, infrastructure, community, and municipal uses within one mile of the property line were also considered. There was a suggestion to include adjacent waterways or bodies of water in this identification, which was not previously included.
Map and Sound Assessment Requirements (00:40:12)
Discussion on the requirements for a map depicting proposed facilities and sound ISO lines, including ordinance limits and impacts on sensitive receptors.

The agenda item involved discussing the requirements for a map that depicts proposed facilities, adjacent properties, all structures within participating and adjacent properties, property lines, municipal boundaries, and projected sound ISO lines along with model sound ISO lines including the ordinance limit. There was also mention of Exhibit A for specific sound report requirements. A schematic showing the area including sensitive receptors that will be impacted by shadow flicker for wind facilities, including ice lines indicating areas of more than 30 hours per year of shadow flicker, was also discussed.
Environmental and Public Benefit Assessments (00:41:00)
The board discussed the requirements for environmental assessments and public benefit descriptions for proposed energy systems.

The board discussed the requirements for environmental assessments. This includes a description of the expected use of the energy system, the expected public benefits of the proposed energy system, and the necessity of a Phase one and possibly Phase two environmental site assessment. The assessments must include records of consultation with relevant state, tribal, and federal agencies. Additionally, a qualitative assessment of the compatibility of the facility with the Go Green TMO Comprehensive Plan, including expected direct and indirect impacts on conservation, agricultural lands, historic resources, recreational resources, and natural resources including wildlife and scenic corridors, was required. The applicant's plans to mitigate these impacts must also be included.
Subject Matter Expert Selection Process (00:42:00)
Discussion on the selection process for subject matter experts for environmental compatibility assessments.

The board discussed the process for selecting subject matter experts to conduct environmental compatibility assessments. Concerns were raised about who selects these experts and how they are funded. It was explained that when an application is submitted, an escrow account would be required to cover costs for engaging necessary consultants. The planning director would make a recommendation, and the board would determine who to engage. It was suggested to clarify in the document that the Township's selected subject matter expert(s) would be engaged, which might include multiple experts such as environmental engineers or hydrogeologists.
Social Impact Assessment Discussion (00:45:00)
Discussion on the scope and radius for social impact assessments related to proposed energy systems.

The board debated the appropriate distance for conducting social impact assessments for proposed energy systems. There was a discussion about whether the one-mile radius is sufficient or if it should be extended. It was noted that different energy systems might have different impact radii. The board considered the potential to adjust distances based on specific energy systems, and the need for flexibility in language to allow for adjustments as necessary. Further research was requested to provide guidance on this matter, and the input from public comments was acknowledged.
Fire and Emergency Response Plan Requirements (00:54:00)
Extensive discussion on requirements for fire and emergency response plans for energy systems, including the need for consultation with local fire chiefs and emergency managers.

The board discussed in detail the requirements for fire and emergency response plans for energy systems. This includes evidence of consultation with the local fire chief and emergency managers to ensure the plans are in alignment with acceptable operating procedures, capabilities, and resources. There were discussions on the need for specific onsite equipment, the frequency of updating these plans, and the training of local emergency responders. The board also considered the language to ensure that developers are required to conduct or fund training drills with local responders, and the potential need for developers to supply necessary equipment to mitigate any identified deficiencies.
Discussion on Emergency Response Capacity (01:19:15)
Discussion on identifying and resolving deficiencies in local emergency response capacity, including fire plan issues.

The discussion focused on identifying deficiencies in the local emergency response capacity, such as those related to the fire plan. The need for applicants to address and resolve these issues was emphasized. The means by which emergency personnel can access and control systems in emergencies was also discussed, with information to be provided to relevant agencies.
Decommissioning Plan Requirements (01:20:30)
Overview and detailed requirements for decommissioning plans, including soil restoration and financial assurance.

The agenda item covered the requirements for decommissioning plans for energy facilities. This includes an overview of the energy facility, land use, events triggering decommissioning, soil analysis, and restoration plans. Financial assurance requirements were also discussed, with an emphasis on ensuring that the financial assurance is held for the township's benefit.
Site Restoration and Financial Assurance (01:25:01)
Discussion on site restoration plans and financial assurance for decommissioning, including coordination with landowners.

The discussion covered the restoration of sites to their pre-construction state, detailing the necessary steps for soil restoration and adherence to agreements with landowners. The importance of financial assurance was emphasized, with updates required every three years. The procedure for dealing with company bankruptcy and the use of bonds for financial assurance was also discussed.
Sound and Visual Impact Assessments (01:31:31)
Requirements for sound modeling, visual impact assessments, and property tax guarantees for energy systems.

The agenda covered the requirements for sound modeling, including pre- and post-construction sound reports to ensure compliance with ordinance limits. Visual impact assessments were also discussed, requiring third-party evaluations and simulations. The topic of property tax guarantees was introduced, with a discussion on how to assess and ensure tax revenue from energy systems.
Installation and Operational Safety (01:39:02)
Safety requirements for energy system installation, including compliance with codes and underground wiring.

The safety requirements for energy system installations were discussed, including compliance with building and electrical codes. The discussion highlighted the necessity of buried electrical wiring, except where not permitted by code. The role of third-party monitors during construction was also emphasized, ensuring compliance with all regulations and resolving complaints.
Visual and Environmental Impact Mitigation (01:43:02)
Discussion on minimizing visual impacts and ensuring environmental protection during construction.

The planning commission's role in requiring measures to minimize visual impacts was discussed, including the preservation of natural vegetation and the use of screening. The agenda also covered construction information requirements, such as soil surveying, grading, and restoration plans. The need for impermeable surfaces in certain areas was debated, ensuring environmental protection.
Discussion on Ordinance Draft (01:53:48)
Discussion focused on changes to ordinance wording from 'should' to 'shall' and the requirement for a post-construction sound monitoring report.

The meeting discussed the draft ordinance, specifically the change in wording from 'should' to 'shall' to ensure compliance. There was a detailed discussion about the requirements for a post-construction sound monitoring report to satisfy Appendix A, as part of the required completion report. Additional requirements included a sealed as-built survey and record construction drawings.
Annual Report Requirements (01:54:48)
Outlining the contents of the annual report filed with the Township clerk, including facility details, electricity production, and complaint resolutions.

The annual report must include detailed information such as the facility's name, address, parcel number, special use approval date, reporting period, and contact details of the owner and operator. It should also report on electricity production, complaints received, developer responses, and plans for mitigation. Additionally, it must outline operating conditions, list any equipment failures, repairs, and material improvements made during the reporting period. The Township retains the right to perform onsite inspections coinciding with the receipt of the annual report.
Ownership and Operator Changes (01:56:16)
Discussing the procedures for ownership and operator changes for solar energy and energy storage systems, including notification and assumption of obligations.

If the owner or operator of a solar energy system or energy storage system changes, the special land use approval remains in effect provided the successor assumes all obligations in writing. The new owner or operator must notify the Township clerk in writing of such changes, ensuring all responsibilities are upheld.
Approval Timeframe and Abandonment (01:56:57)
Describing the validity period for special land use and site plan approval, and conditions for expiration due to non-completion or abandonment.

Special land use and site plan approval are valid if a building permit is issued and construction commences. If construction is not completed according to the final site plan, the planning commission may extend the timeframe. Failure to perform substantial construction results in expiration. A system is considered abandoned if it ceases to operate for more than a year. In such cases, the Township may enter the property to remove the system and restore the site using financial assurance.
Complaint Resolution Process (02:00:13)
Complaint resolution process must be approved by the planning commission and include designated representatives and contact information.

The process requires a designated developer or operator representative to resolve complaints, which must be acknowledged within two business days and investigated within five. A dedicated phone number, email, and website for complaints are necessary. Both construction and post-construction complaints must be addressed.
Public Comments (02:01:09)
Residents expressed concerns about the ordinance, transparency, and safety related to energy projects, emphasizing public trust and accountability.

Public comments were opened, with residents expressing significant concern over the ordinance's implications, transparency in governmental actions, and the safety of proposed energy projects. Comments highlighted distrust in government handling, potential risks associated with energy storage systems, and the need for public involvement in decision-making processes. Calls for greater scrutiny and community engagement were made to ensure safety and accountability, especially regarding energy development projects impacting residential areas.
Tribal Engagement and Independent Review Process (02:28:36)
Discussion on ensuring tribal governments have meaningful engagement and a place in the independent review process for projects.

The speaker emphasized the importance of tribal engagement in the project review process. They advocated for making tribal engagement a required part of application exhibits, similar to the MPSC requirements. The developer should document interactions with tribes, including concerns and responses to those concerns. Tribal governments should not be excluded from the independent review process, and their historical connection to the land should be respected.
Energy Systems Ordinance Draft Review (02:29:29)
Review of the draft ordinance for energy systems, focusing on roles of county officials and requirements for various sections.

The discussion focused on the roles of township and county officials in the ordinance for energy systems. The speaker highlighted the need for township and county professionals to fulfill their elected or hired roles, especially in agency consultation requirements related to drainage, groundwater, roads, and emergency response. There was mention of the Michigan Court of Appeals' stance on local government involvement in projects, and the roles of the Drain Commissioner and emergency management were emphasized. The speaker argued for the need to require permits and expert reviews, cautioning against replacing county professionals with township staff.
Public Comments on Energy Systems Ordinance (02:34:36)
Residents provided feedback on the energy systems ordinance draft, highlighting gaps and making recommendations for improvement.

Multiple residents provided feedback on the draft ordinance for energy systems. Concerns included acoustics, water protection, setbacks, emergency notifications, zoning placement, and host agreements. Specific recommendations were made for addressing gaps in the ordinance to protect rural neighborhoods, drinking water, and township finances. Residents emphasized the need for explicit requirements for sound monitoring, containment basins, emergency water storage, and community notification systems. The importance of separating different energy technologies and ensuring compliance with latest standards was also discussed. Residents requested more specific guidelines for environmental contamination, testing requirements, and the protection of specialty crop farms.
Public Comments on Ordinance (03:05:10)
Residents shared concerns about the ordinance related to battery storage systems, emphasizing safety, environmental impact, and community involvement.

During the public comment section, several residents expressed their concerns regarding the proposed ordinance on large-scale battery storage systems. They highlighted the necessity for stricter regulations to ensure safety and environmental protection. Concerns were raised about the consultation process with local organizations and the need for sign-offs on studies conducted. Suggestions included the inclusion of historical agricultural data, protection of specialty crops, and mitigation plans for signal interference. Residents emphasized the importance of community collaboration and thorough documentation to avoid loopholes that could undermine the ordinance's effectiveness.
Planning Commissioner Comments (03:24:08)
Commissioners expressed gratitude for public input and assured that comments will be considered in the ordinance draft.

Planning commissioners thanked the public for their thoughtful and heartfelt comments on the ordinance. They acknowledged the effort that went into the document and reassured residents that their feedback is valued. The commissioners noted that previous public comments have been incorporated into the draft and will continue to be taken into account as the ordinance is refined.
Adjournment (03:25:31)
The meeting was adjourned after completing all agenda items.

With no further business to address, the meeting was officially adjourned.