Comstock Township - July 10, 2025 Moratorium Committee

Updated about 5 hours ago

In the Comstock Planning Commission and Moratorium Committee joint board meeting, officials discuss the renewable energy ordinance, focusing on site selection criteria and zoning districts. They review the implications of battery energy storage projects on agricultural and residential land, emphasizing the need to protect prime farmland. The meeting also covers the importance of securing decommissioning agreements and financial assurances for projects. The committee plans to continue discussions on zoning and setbacks to ensure the ordinance is comprehensive and protective of community interests.

Chapters

Call to Order (00:00:48)
The meeting of the Comstock Planning Commission is officially called to order at 4:00 PM.

The chairperson officially called the meeting of the Charter Township of Comstock Planning Commission to order at 4:00 PM.
Pledge of Allegiance (00:01:00)
The Pledge of Allegiance was recited by all attendees standing for the flag.

All attendees stood and recited the Pledge of Allegiance to the flag of the United States of America, affirming the nation's unity and justice.
Approval of Agenda (00:01:44)
The agenda for the meeting was reviewed and approved with no changes requested.

The chairperson asked if there were any changes to the agenda. Hearing none, a motion to approve the agenda as presented was made, supported, and carried unanimously.
Approval of Minutes (00:02:09)
No minutes were available for approval at this meeting.

The agenda item for the approval of minutes was addressed, but there were no minutes available for approval at this time.
Introduction to the Moratorium Committee (00:02:23)
Introduction and mission statement of the Moratorium Committee focusing on renewable energy ordinance.

The Moratorium Committee was introduced, and its mission statement was read, focusing on developing a community-responsible plan for renewable energy ordinance rules and regulations, informed by educational components and industry progression.
Moratorium Committee Report (00:03:01)
Report on the educational components and discussions held by the Moratorium Committee.

The report highlighted educational components leading to workshops and discussions, with presentations from various experts including industry progression insights and experiences from other states, focusing on the importance of setbacks and zoning for renewable energy projects.
Detailed Discussion on Ordinance Development (00:03:47)
Detailed conversation about ordinance development and analysis of other township ordinances.

The discussion covered the intricate process of developing a workable ordinance for renewable energy projects, considering various aspects like soil testing, drainage impacts, and the importance of third-party inspections. Comparison with other township ordinances was made to ensure comprehensive planning.
Review of Public Safety and Workable Ordinance (00:08:01)
Review of the importance of public safety in the ordinance and making it workable for developers.

The committee discussed the balance between public safety and creating a workable ordinance for developers, emphasizing the importance of considering health, safety, and welfare, while also making the ordinance attractive to potential developers without compromising safety standards.
Planning Commission and Moratorium Committee Joint Discussion (00:12:12)
Joint discussion on ordinance specifics and input from the planning commission.

The planning commission and moratorium committee engaged in a joint discussion to review the specifics of the ordinance, considering input from various members to ensure a comprehensive approach. Ideas were exchanged on potential improvements and considerations for the ordinance.
Public Comments and Concerns (00:16:31)
Public comments were heard concerning the ordinance and its implications for the community.

Members of the public and planning commission voiced their concerns and comments regarding the ordinance, focusing on its implications for the community, especially in relation to safety and proximity to sensitive areas like schools.
Closing Remarks and Next Steps (00:18:21)
Closing remarks made and discussion on the next steps for the ordinance development process.

The meeting concluded with final remarks from the committee and planning commission, summarizing the day's discussions and outlining the next steps in the ordinance development process, including reviewing additional input and scheduling further meetings.
Discussion on Building Permit Issue and Solar Projects (00:32:35)
The committee discussed concerns about building permits for solar projects, focusing on Consumers Energy's stance on not needing permits for utility projects, and the implications for township oversight.

During the meeting, concerns were raised about building permits for solar projects, particularly regarding Consumers Energy's assertion that as a utility, they do not need to obtain building permits under the state construction code. This has raised issues of accountability and oversight, as there is a fear that no one will inspect the thousands of acres of solar panels being installed. The possibility of a court case that might clarify the requirement for building permits in such projects was mentioned. The discussion emphasized the need for alternative wording in ordinances to address these concerns.
Discussion on Decommissioning Plans and Financial Assurance (00:36:36)
The committee explored the requirements for decommissioning plans, including the need for a recorded agreement and financial assurance in the form of a bond or letter of credit, to ensure project accountability.

The meeting addressed the need for decommissioning plans for solar projects, which must include a recorded agreement with the township. There was a discussion on the necessary financial assurance, typically in the form of a bond or an irrevocable letter of credit. The importance of having these agreements signed and recorded promptly, preferably before the building permit issuance, was highlighted to prevent issues with project accountability. Concerns were raised about the practicality of obtaining irrevocable letters of credit and the need for timely execution and recording of the decommissioning agreement.
Ordinance Changes and Legal Considerations (00:42:01)
The discussion focused on proposed changes to the ordinance to address accountability in solar projects, including making the requirements universal and clear to avoid legal challenges.

Committee members discussed the need to update ordinances to make requirements for solar project decommissioning and financial assurance universal and legally enforceable. Issues with current practices, such as varying requirements for different developers, were noted as potentially leading to legal challenges. There was a consensus on the importance of having these requirements clearly stated in the ordinance to apply uniformly to all projects, thus preventing unequal treatment and ensuring compliance. The legal implications of special use approvals and the enforcement of zoning ordinances were also considered.
Consensus on Ordinance Updates and Next Steps (00:55:02)
The committee reached a consensus on updating the ordinance to include specific requirements for decommissioning plans and financial assurance, ensuring consistent application across all projects.

The meeting concluded with a consensus on the need to update the ordinance to include specific, enforceable requirements for decommissioning plans and financial assurance for solar projects. Members agreed that these changes should be reflected in the ordinance itself rather than only in special use provisions, to ensure consistency and avoid legal disputes. The next steps involve drafting these changes and highlighting them for further review. The committee recognized the administrative burden of tracking financial assurances and emphasized the need for a robust system to manage these obligations.
Engineer's Report Discussion (01:02:09)
Discussion on the engineer's report and the vetting of decommissioning costs by the township's engineer.

The meeting discussed the procedure for handling engineer's reports related to decommissioning costs. If a CIP comes in, an engineer's report is provided. The township can have their own engineer vet this report. If discrepancies arise, other engineers involved in projects in Marshall can be consulted.
Ordinance Amendment Recommendations (01:02:53)
Recommendation for Catherine to proceed with drafting ordinance amendments and the process for public hearings.

The committee agreed on moving forward with changes to the ordinance as discussed. Catherine will work with Casey to draft the changes and present them with strikeouts for review. The amendments will need to go through the public hearing process.
Building Permit Conditions (01:04:18)
Discussion on requirements for building permit approval in relation to the application process and community host agreement.

The discussion focused on the requirements needed before the approval of building permits. It was suggested that certain conditions should be met as part of the application process rather than just prior to the issuance of a building permit. The community host agreement and its timing were also discussed.
Community Host Agreement Timing (01:06:13)
Consideration of when the community host agreement should be executed relative to permit approval and financial transactions.

The committee discussed the timing of the community host agreement in relation to the issuance of building permits. Concerns were raised about financial transactions and the desire to have agreements in place before final approvals are granted.
Site Plan Approval and Changes (01:08:02)
Discussion on approval processes for site plans and how changes, especially in battery chemistry, should be handled.

Members discussed how changes to site plans, particularly those involving technology changes like battery chemistry, should be handled. It was suggested that changes should be subject to additional review, and that footprint considerations should include vertical expansions.
Energy Capacity and Site Plan Review (01:11:01)
Discussion on how increases in energy capacity should trigger site plan reviews and affect community agreements.

The committee considered how changes in energy capacity, such as increases in megawatts, should require new site plan reviews and adjustments to community agreements. The importance of monitoring these changes for compensation purposes was highlighted.
Zoning and Ordinance Considerations (01:15:03)
Consideration of zoning districts suitable for energy projects and ordinance language to incentivize brownfield site usage.

There was a discussion about the suitability of agricultural, residential, and industrial zones for energy projects. The potential for incentivizing the use of brownfield sites in the ordinance was also considered, though the lack of known brownfield sites in the township was noted.
Public Comment Session (01:19:01)
Public comments on zoning decisions, agricultural impacts, and the future of energy projects in the community.

During the public comment session, various members of the community provided feedback on zoning decisions, the impact of energy projects on agricultural land, and the direction of future projects. Concerns about residential proximity and the balance between development and community impact were discussed.
Discussion on Agricultural and Residential Zoning (01:34:02)
Final discussion on the potential impacts of energy projects in agricultural and residential zones.

The meeting concluded with a discussion about the potential impacts of allowing energy projects in agricultural and residential zones. Concerns about preserving community character and the implications for residential development were highlighted.
Discussion on Battery Energy Storage and Land Use (01:36:18)
Discussion on the implications of battery energy storage projects and the need for large land areas.

The meeting discussed the potential benefits of battery energy storage for local manufacturers and the implications of using large land areas for these projects. Concerns were raised about having large battery projects near residential areas.
Opening of Public Comment (01:37:07)
Motion to open the meeting for public comment was made and approved.

A motion was made and approved to open the meeting for public comment, allowing citizens to speak about the issues at hand.
Citizen Comments (01:37:22)
Citizens expressed gratitude and concerns regarding battery storage projects and legislative impacts.

During the public comment period, a resident of Comstock Township thanked the board for their work on battery storage regulations and urged caution in rushing decisions. They referenced federal legislation that affects battery projects and emphasized the need for due diligence.
Setting of Next Meeting and Moratorium Committee Report (01:40:05)
Discussion on scheduling the next meeting and updates on the moratorium committee's work.

The board discussed setting the next meeting time and received updates from the moratorium committee, which is working on gathering and organizing documents related to battery storage. They plan to minimize costs by using digital formats for information dissemination.
Adjournment (01:41:57)
The meeting was officially adjourned after closing remarks.

After closing remarks and thanks from various board members, the meeting was officially adjourned by Mr. Kyle and Katherine.