A.

Purpose. The Renewable Energy Overlay District (the "District") is intended to provide suitable locations for renewable energy systems that are otherwise authorized under state law and the Township's Code of Ordinances and Zoning Ordinance to meet a reasonable demonstrated need for this land use in the Township. It is the intent of the Township to permit these systems to the extent a demonstrated need exists for the land use by regulating the siting, design, construction, operation, monitoring, modification, and removal of such systems to protect the public health, safety, and welfare, and to ensure compatibility of land uses in the vicinity of renewable energy systems. The Township seeks to preserve its rural character and agricultural heritage. To these ends, the lands included in this District are within reasonable proximity to existing electric power transmission infrastructure.

B.

Findings. In establishing this overlay district, the Township of Cohoctah finds as follows:

1.

It is necessary and reasonable to permit renewable energy systems in the Township to the extent that there is a demonstrated need for that land use.

2.

Land use for renewable energy systems beyond a reasonable and legitimate demonstrated need to provide for the Township's energy needs would have needless adverse effects on surrounding businesses and residences, and be detrimental to the health, safety, welfare, and prosperity of the Township and its residents.

3.

The Township wishes to preserve its existing topography and rural character, maintain property values, and protect and preserve the quality and pace of rural life of its residents while preserving the environment and protecting wildlife.

4.

Renewable energy systems can adversely impact the health, safety, welfare, and prosperity of that community, including existing property values, especially when in proximity to farms, forests, and residential properties.

5.

Renewable energy systems shall be carefully managed to reduce the adverse long-term effects such land use can have on the productivity of farmland. See, e.g., University of Michigan Graham Sustainability Institute and Michigan State University Extension, "Planning and Zoning for Wind Energy Systems."

6.

Several Michigan communities have suffered, or are suffering, from fiscal uncertainty due to litigation and rule changes concerning taxation arising from rural renewable energy production.

7.

The Township contributes significant storm water runoff into adjacent municipalities because of relative elevations, and therefore the Township values low-impact development to better manage its stormwater runoff.

8.

Impervious surfaces, such as wind turbines, solar panels, channel stormwater runoff, and support posts and trenching are likely to damage drain tiles. Thus, renewable energy systems must be carefully sited, designed, and limited in scope.

9.

The Township adopts these land use regulations to balance any demonstrated need for renewable energy systems in the Township with the public, health, and safety impacts identified above.

(Ord. No. 2024-04, § 1, 11-14-2024)

The Renewable Energy Overlay District (REO) overlays existing zoning districts delineated on the official Township Zoning Map. The following parcels within the Township compromise the Renewable Energy Overlay District:

4702-22-100-004

4702-22-100-009

4702-22-200-011

4702-22-400-010

4702-23-100-004

(partial: west 50 acres M/L)

(Ord. No. 2024-04, § 1, 11-14-2024)

There are no uses permitted by right in the Renewable Energy Overlay District, other than uses permitted by right in the underlying zoning districts.

(Ord. No. 2024-04, § 1, 11-14-2024)

The following uses are permitted following approval by the Planning Commission as a Special Land Use in the Renewable Energy Overlay District, subject to the provisions of Article XIII, "Special Uses," and Article XX, "Site Plan Review Procedures":

1.

Utility-Scale Wind Energy Systems.

2.

Utility-Scale Battery Energy Storage Systems.

3.

Utility-Scale Solar Energy Systems.

(Ord. No. 2024-04, § 1, 11-14-2024)