Solar Ordinance No. 071123-1 (adopted July 11, 2023)

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TOWNSHIP BOARD BUSHNELL TOWNSHIP MONTCALM COUNTY, MICHIGAN

(Ordinance No. 071123-1)

At a regular meeting of the Township Board for Bushnell Township held at the Township Hall on July 11, 2023, and commencing at 6:00 p.m., the following Ordinance was offered for adoption by Township Board Member Karron Bliss and was seconded by Township Board Member Mike Fitzgerald:

AN ORDINANCE REGULATING THE CONSTRUCTION, OPERATION,

AND DECOMMISSIONING OF COMMERCIAL SOLAR ENERGY

CONVERSION SYSTEMS THROUGHOUT BUSHNELL TOWNSHIP.

THE TOWNSHIP OF BUSHNELL (THE "TOWNSHIP") ORDAINS:

Section 1. Title.

This Ordinance may be cited as the Bushnell Township Commercial Solar Energy Conversion Systems Ordinance.

Section 2. Purpose and Intent.

A. The purpose of this Ordinance is to protect the health, safety, and welfare of the residents of the Township; provide for the safe, effective, efficient, and orderly construction, operation, and decommissioning of commercial solar energy conversion systems within the Township; protect and preserve historic agricultural and recreational activities within the Township; protect and preserve the Township's environmental and ecological assets, wetlands, and other ecological and environmentally sensitive areas; protect and preserve the open spaces, viewscapes, and rural aesthetics of the Township; and to provide regulations that balance the often-competing interests of property owners, their neighbors, and the community.

B. It is the intent of this Ordinance to regulate the activities associated with and comprising the construction, operation, and decommissioning of commercial solar energy conversion systems. Any interpretation to the contrary contradicts the express legislative intent of this Ordinance.

Section 3. Definitions.

The following definitions will apply unless the context clearly indicates or requires otherwise:

Abandonment: A commercial solar energy conversion system, or any portion thereof, is abandoned if it has not been in substantial operation for a period greater than one year.

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This includes a commercial solar energy conversion system, or any portion thereof, that was never operational, or if construction has been halted for a period greater than one year.

Commercial solar energy conversion system. A commercial solar energy conversion system is defined to mean a solar energy conversion system for which the principal design, purpose, or use is to provide energy for off-premises use or for the wholesale or retail sale of generated electricity to any person or entity.

Non-participating parcel. A non-participating parcel is defined to mean a parcel not under lease, easement, or other agreement authorizing activities or specific impacts related to or comprising the construction, operation, or decommissioning of a commercial solar energy conversion system on the parcel.

Parcel. A is defined to mean a parcel or lot as defined in the Land Division Act, PA 288 of 1967 (MCL 560.101 et seq.), as amended, or a condominium unit as defined in the Condominium Act, PA 59 of 1978 (MCL 559.101 et seq.), as amended. Participating parcel. A participating parcel is defined to mean a parcel under lease, easement, or other agreement authorizing activities or specific impacts related to or comprising the construction, operation, or decommissioning of a commercial solar energy conversion system on the parcel.

Photovoltaic energy conversion system: A photovoltaic energy conversion system is defined to mean any part of a system, including but not limited to photovoltaic panels, inverters, transformers, access roads, lines, wires, conduits, gen-ties, and cables that convert solar energy into electricity and transfer the electricity to a consumer or to the electric grid.

Solar energy conversion system: A solar energy conversion system is defined to include both photovoltaic energy conversion systems and thermal energy conversion systems. Solar panel: A solar panel is defined to include both photovoltaic panels and thermal panels.

Thermal energy conversion system: A thermal energy conversion system is defined to mean any part of a system, including but not limited to thermal panels, pumps and controllers, storage tanks, transformers, access roads, lines, wires, conduits, gen-ties, and cables that convert solar energy into heat and transfer the heat to a consumer or utilizes the heat to generate electricity and transfers the electricity to a consumer or to the electric grid.

Township permit. A Township permit is defined to mean a permit for a commercial solar energy conversion system issued by the Township pursuant to this Ordinance.

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Section 4. General

A. The construction, operation, and decommissioning of commercial solar energy conversion systems must comply with the requirements of this Ordinance.

B. The construction and operation of commercial solar energy conversion systems without a Township permit are prohibited.

C. A Township permit is a revocable privilege granted by the Township. The application for a Township permit does not create or vest any right, title, franchise, or other property interest. The granting of a Township permit does not create or vest any right, title, franchise, or other property interest past the initial term of the permit. Township permits are non-renewable.

Section 5. Permit Application.

A. All applications for a Township permit must be filed with the Township Clerk utilizing and complying with the Township application, forms, and processes, as adopted from time to time by resolution of the Township Board. Only complete applications will be accepted.

B. As part of the application process, the applicant may be required to provide any information reasonably deemed by the Township to be relevant to the determination of Township permit approval.

C. The following are required as part of any Township permit application:

1. The escrow deposit as required by Section 9.

2. The non-refundable application fee as determined from time to time by resolution of the Township Board.

3. The name, address, and phone number of the applicant, any authorized representatives of the applicant, the proposed commercial solar energy conversion system operator if known, and the owners of the participating parcels being utilized as a part of the commercial solar energy conversion system project.

4. Commercial solar energy conversion system project description identifying the planned commercial solar energy conversion system capacity in megawatts; construction sequence and timeline; development phases if any; rated useful life of equipment including solar panels, transformers, and inverters; and possible future expansions.

5. If the applicant is not the property owner, an affidavit or evidence of an agreement establishing that the applicant has the requisite permissions of the participating parcel property owners to apply for the Township permit.

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6. Scaled renderings depicting a minimum of three views of the commercial solar energy conversion system including one view from the public right-of-way.

7. A site plan showing the size and location of all proposed buildings, structures, and equipment including but not limited to transformers by type, inverters by type, and solar panels by type; required setbacks; parcel lines; solar panel coverage area; signage; fences; vegetation; drainage systems; easements; public rights-ofway; private roads; floodplains; bodies of water; lighting; proposed access routes; gen-tie and collection lines; and land elevations. The site plan must be drawn to scale and indicate how the commercial solar energy conversion system will be connected to the electric grid.

8. Noise impact study and noise level map depicting and describing the predicted noise levels on all impacted parcels and the surrounding environment during the construction, operation, and decommissioning of the commercial solar energy conversion system.

9. Noise mitigation and compliance plan describing how the Township permit holder will ensure the construction, operation, and decommissioning of the commercial solar energy conversion system complies with the noise requirements of this Ordinance.

10. Glare study and glare map depicting and describing the predicted glare levels on all impacted parcels and the surrounding environment during the construction, operation, and decommissioning of the commercial solar energy conversion system.

11. Glare mitigation and compliance plan describing how the Township permit holder will ensure the construction, operation, and decommissioning of the commercial solar energy conversion system complies with the glare requirements of this Ordinance.

12. Electromagnetic signal interference study and map depicting and describing the predicted electromagnetic signal interference on all impacted parcels and the surrounding environment during the operation of the commercial solar energy conversion system.

13. Electromagnetic signal interference mitigation and compliance describing how the Township permit holder will ensure the operation of the commercial solar energy conversion system complies with the electromagnetic signal interference requirements of this Ordinance.

14. Environmental and ecological impact study detailing the effect the construction, operation, and decommissioning of the commercial solar energy conversion system will have on all impacted parcels and the surrounding environment. The environmental and ecological impact study must address water resources, air quality, wildlife, floodplains, wetlands, unique farmlands or soils, erosion and

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sediment control, drainage, areas of aesthetic or historic importance, archeological or cultural concerns, utilities and infrastructure, noise, glare, light pollution, waste disposal, compliance with the requirements of Part 31 - Water Resources Protection, of the Natural Resources and Environmental Protection Act, Part 91- Soil Erosion and Sedimentation Control, Part 301 - Inland Lakes and Streams, Part 303 - Wetlands, Part 365 - Endangered Species Protection, and any other relevant factors and regulations.

15. Mitigation plan and compliance plan describing how the Township permit holder will ensure compliance with the requirements of this Ordinance and mitigate the environmental and ecological impact of the construction, operation, and decommissioning of the commercial solar energy conversion system. The environmental and ecological impact study must address water resources, air quality, wildlife, floodplains, wetlands, unique farmlands or soils, erosion and sediment control, drainage, areas of aesthetic or historic importance, archeological or cultural concerns, utilities and infrastructure, noise, glare, light pollution, waste disposal, compliance with the requirements of Part 31 - Water Resources Protection, of the Natural Resources and Environmental Protection Act, Part 91- Soil Erosion and Sedimentation Control, Part 301 - Inland Lakes and Streams, Part 303 - Wetlands, Part 365 - Endangered Species Protection, and any other relevant factors and regulations.

16. A transportation plan to be utilized during the construction, operation, and decommissioning of the commercial solar energy conversion system including any applicable agreements with the Montcalm County Road Commission and the Michigan Department of Transportation.

17. A decommissioning plan demonstrating compliance with the requirements of

Section 12.

18. A decommissioning estimate consistent with the requirements of Section 10.

Section 6. Permitting.

A. Within sixty calendar days of receiving a completed Township permit application, the Township Clerk will present the application to the Township Board.

B. The Township Board will hold a public hearing on the Township permit application prior to rendering any final determination.