Solar Application Resolution

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TOWNSHIP BOARD BUSHNELL TOWNSHIP MONTCALM COUNTY, MICHIGAN (RESOLUTION NO. 091322)

At a regular meeting of the Township Board for Bushnell Township held at Township Hall on September 13, 2022, and beginning at 6:00 p.m., this Resolution was offered for adoption by Township Board Member Bliss and was seconded by Township Board Member Draper:

A RESOLUTION ADOPTING THE APPLICATION FORM AND ESTABLISHING THE APPLICATION FEE AND ESCROW DEPOSIT FOR INITIAL SOLAR FARM PERMIT APPLICATIONS AND APPLICATIONS FOR

MODIFICATION.

RECITALS

WHEREAS,

A. The Township Board for Bushnell Township (the "Township Board") recently adopted Ordinance No. 071222 entitled "AN ORDINANCE REGULATING SOLAR FARMS

THROUGHOUT BUSHNELL TOWNSHIP."

B. Pursuant to Ordinance No. 071222, applicants seeking a Township solar farm permit or permit modification must submit an application to the Township utilizing the Township approved application form. Such application is to be accompanied by an application fee and escrow deposit as set from time to time by the Township Board.

C. The review and processing of such applications involve Township staff, materials, and services as well as the use of legal and other consultants.

D. It is reasonable and appropriate to place the cost of the review and processing of such applications, which involve unusually large costs to the Township, on the applicant rather than on the taxpayers of the Township.

E. The Township Board intends that the application fee and utilization of the escrow deposit should be reasonably related and proportionate to the costs incurred by the Township for the processing and review of applications.

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RESOLVED

NOW, THEREFORE, BE IT RESOLVED,

1. The Township Board hereby adopts the attached application form to be utilized for the application of Township solar farm permits.

2. Modifications to the Township application form may be made by the Township Supervisor as needed.

3. A non-refundable fixed application fee is established in the amount of $500. The application fee must be paid at the time of application.

4. The application fee is intended to cover the Township's costs associated with the following:

a. Township materials and the services of Township officials utilized in reviewing and processing an application.

b. Any postage or legal notice publication requirements.

c. Involvement by the Township Board or other Township officers or employees (excluding outside contractors or professionals such as Township legal counsel) during regularly scheduled meetings in the review and processing of an application.

5. The initial escrow deposit for each application is established at $5,000.00. The escrow deposit must be provided by the applicant to the Township at the time of application. No application will be processed prior to the required escrow amount having been deposited with the Township. At no time prior to the Township's final decision on an application may the balance of the escrow fall below $500.00. If the funds in the escrow fall below $500.00, the applicant must deposit $500.00 into the escrow account before the processing of the application will continue.

6. All other expenses and costs incurred by the Township associated with the processing and reviewing of an application must be reimbursed to the Township from the funds in an escrow account funded by the applicant. Such reimbursable costs and expenses include, but are not limited to, the following:

a. Mailings, legal notices, and officer compensation for special Township Board meetings or subcommittee meetings as requested by the applicant.

b. Services of the Township Attorney related to the processing and reviewing of the application.

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c. Services of engineering consultants related to the processing and reviewing of the application.

d. Services of other professionals related to the processing and reviewing of the application.

7. The Township will collect and apply escrow funds in accordance with Section 9 of Ordinance No. 071222.

8. If an applicant objects to the manner in which the escrow funds have been applied, the applicant may appeal to the Township Board. All appeals must be in writing and made no later than thirty (30) calendar days following the action being appealed. The decision of the Township Board will be final.

9. The above Recitals are incorporated as if fully restated herein.

10. Nothing herein will limit the authority of the Board to grant or deny applications for a Township solar farm permit.

11. All prior resolutions are, to the extent they conflict with this Resolution, hereby repealed.

12. · This Resolution is effective upon adoption.

The vote regarding the adoption of this Resolution was as follows:

ABSENT/ABSTAIN: None RESOLUTION NO. 091322 DECLARED ADOPTED.

_______________________ _______________________ Supervisor _______________________ _______________________ Clerk {19633-001-00145328.1} 4

CERTIFICATION

I hereby certify that the above is a true copy of a Resolution adopted by the Township Board for Bushnell Township at the time, date, and place specified above pursuant to the required statutory procedures.

Respectfully submitted, _______________________ _______________________ Clerk