01/10/23 Moratorium Synopsis

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BUSHNELL TOWNSHIP MONTCALM COUNTY, MICHIGAN NOTICE OF ORDINANCE ADOPTION AND SYNOPSIS OF ORDINANCE

PUBLIC NOTICE IS GIVEN that at a regular meeting held on January 10, 2023, and commencing at 6:00 p.m., the Township Board for the Township of Bushnell adopted Ordinance No. 011023 entitled:

AN ORDINANCE TO IMPOSE A MORATORIUM ON THE CONSTRUCTION AND OPERATION OF OFFSITE WIND ENERGY

SYSTEMS, WIND ENERGY SYSTEMS, WIND ENERGY FACILITIES, AND MET TOWERS.

THE EFFECT OF ORDINANCE NO. 011023 IS SUMMARIZED AS FOLLOWS:

Section 1. Definitions. Provides definitions to be used throughout the Ordinance.

Section 2. Findings and Purpose. Sets for the reasons for the enacting of the moratorium.

Section 3. Prohibition. Provides that the construction and operation of Offsite Wind Energy Systems, Wind Energy Facilities, and MET Towers are prohibited.

Section 4. Violation and Penalty. Provides that violation of this Ordinance constitutes a municipal civil infraction punishable by a fine of not less than one thousand dollars ($1,000) and not more than ten thousand dollars ($10,000) in addition to costs of prosecution and any other costs permitted at law; that each day during which any violation continues is deemed a separate offense; that a violation of this Ordinance is declared to be a nuisance per se subject to abatement; and that the Township may pursue other remedies available at law or equity.

Section 5. Enforcement. Provides that the Montcalm County Sherriff's Department, the Michigan State Police, the Township Ordinance Enforcement Officer, and any other individual or entity designated by resolution of the Township Board are authorized to enforce this Ordinance.

Section 6. Expiration. Provides that this Ordinance shall expire and be of no effect six (6) months following its effective date.

Section 7. Conflict. Provides that nothing in this Ordinance will conflict with other Township ordinances except as otherwise stated, and nothing in this Ordinance will conflict with the laws of the State of Michigan.

Section 8. Repealer. Repeals all ordinances or parts of ordinances in conflict with this Ordinance to the extent of any such conflict.

Section 9. Savings Clause. Provides that provisions of the Ordinance are severable and that if one provision is declared void, it will not affect the remainder of the Ordinance. Öcvt Yglyf {19633-001-00150926.1}