By Robert Tomlinson
News Director
FABIUS TWP. — A highly-contentious solar ordinance in Fabius Township cleared a major hurdle Tuesday.
Following a public hearing in front of a packed house of supporters, detractors and everywhere in between, the Fabius Township Planning Commission moved forward with the ordinance, and send it to the St. Joseph County Planning Commission and Fabius Township Board for final approval.
The ordinance, as it is written, would allow for large-scale solar energy systems to develop and operate in the township, which can only be located within an overlay district consisting of 880 yards on either side of M-60, measured from the right-of-way. Accessory use small-scale solar energy systems would also be allowed, and would follow the township’s zoning ordinance as it relates to accessory uses.
The move by the planning commission sends it out of the commission’s process for recommendation for the first time since discussions and planning on the ordinance a few years ago. Fabius Township residents have been heavily divided on the topic, with many for and against solar energy systems coming into the township, mainly Orion Renewable Energy, which had recruited landowners for a potential project prior to a solar ordinance being in place. It also follows a lengthy process involving a revision of the township’s Master Plan and a moratorium on any activity relating to a proposed solar energy ordinance that was put in place because of it back in 2021.
Zoning Administrator Doug Kuhlman said in his comments prior to the public hearing that there had been “a lot of work” put in by the planning commission, as well as public input and studying of the issue, and that it was time to make a decision on moving the ordinance forward.
“Right now, we have it like the pendulum of the clock. We have the pendulum all the way to the right, where we have interest groups that want nothing to do with solar, and we have the pendulum all the way to the left, the people that are all about solar and want to see this go through, maybe in a different fashion or maybe as is,” Kuhlman said. “We need the pendulum in the center of the clock, and that’s you. The planning commission needs to move this forward as to what is the best interest of the township and the township residents.”
Kuhlman read out a few reports from the Southcentral Michigan Planning Council, which detailed similar solar ordinances recently passed by Lockport Township, Mottville Township and Constantine Township, noting how all of them were recommended for approval. While a report on the Fabius ordinance was not presented, Kuhlman said the other townships have “done the same ordinance, mirrored ordinance to what you have.”
Township Attorney Roxanne Seeber, in her statements prior to the public hearing, reviewed the township’s master plan and how it has “at least made allowance” for solar energy in the township. She also mentioned a guidance document on solar ordinances from the Michigan State University Extension that came out in November and how “your ordinance is based on the draft ordinance that’s in there.” Overall, she said the township “probably did it right” based on the guidance she has received from the state and MSU.
“We’re not necessarily picking winners or losers here; this planning commission is charged for doing what’s best for the township,” Seeber said. “You’ve certainly have done some hard work here; all the other communities in the area have an overlay district, and in fact this ordinance was provided to the planning consultant who approved it before it went to the local townships.”
Residents and lawyers on both sides of the issue were seemingly of mixed opinion on the ordinance and its contents during the public hearing. Eileen Mazurski brought up concerns she had about how the ordinance relates to wetlands, noting the ordinance only has a 50-foot setback from “bodies of water, delineated wetlands, or any other type of protected land or water.”
“It was decided in the conclusion of the Master Plan that the wetlands and water were number one for the township, and that was pretty much the big concern when you did the survey,” Mazurski said. “Three Rivers has a solar ordinance that they restrict to industrial parks, and they have a very strict wetlands rule, which is 500 feet from any lake, river or delineated wetlands, and I’m wondering why ours is only 50 feet when we’re pretty much Three Rivers here too. We have the same rivers, same water, and I think ours could be a little stronger since our Master Plan called for that.”
Christine Horsmon also brought up Three Rivers’ solar ordinance and its 500-foot requirement, asking the township to include that as well. The language was not added.
The most pointed comments of the public hearing came from Jeff Swenarton, a lawyer representing Terryl and Jean Rockwell, landowners who were going to work with Orion with its solar project. Swenarton gave a scathing critique of the ordinance, claiming that because of the number of restrictions it has related to setbacks and the overlay district, no solar company would ever come into the township under the ordinance’s regulations.
“One gentleman here had a good point, where do you measure the overlay zone of 880 yards, is it from the center of the road, or – actually, it doesn’t matter, because there’ll never be a large-scale solar provider in this township,” Swenarton said. “Fabius Township had an ordinance that was relied upon, and the solar company, Orion, and the landowners spent lots and lots and lots and lots of money. You passed it here. We’re going from an ordinance that already exists. The moratorium was filed in January of 2022, went back and got the master plan and did the survey, and the bottom line is, you now have an ordinance which is essentially worthless because these people are not going to participate because of the setbacks, because of the overlay district, because of the things they have to provide, and the fact that it’s a one-year permit. All of that is a problem now.”
Swenarton said what the public hearing discussion boiled down to is “what can people do in this township,” and “large-scale solar providers are not going to be able to participate.”
“Orion signed up 981 acres, 4 percent of the township, and now it’s zero percent,” Swenarton said before being interrupted by a resident in the audience who called Swenarton an “a**hole” and tried to comment before being shut down by Planning Commission Chair Randy Schmeling. Swenarton continued, claiming the township “completely revoked” a previously-agreed to solar ordinance, and that there would be “consequences.”
“We’ve got an ordinance, and Doug makes a great point: let’s strike a balance. Well, the balance is the people who don’t want solar have got their wish. You’re talking about a pendulum, it’s all the way over there to anti-solar. There’s nothing for the people that are going to do solar, because their investment is too expensive, the juice isn’t worth the squeeze because you squeezed them out by the overlay district,” Swenarton said. “All you had to do was cooperate with us. You didn’t. Now you have an ordinance that’s going to be passed, but you don’t really have an ordinance.”
Joy Gamby, a former resident who now lives in Stevensville, claimed that the original solar ordinance mentioned by Swenarton was done by the board “in cahoots” with Orion, and not done “necessarily to the needs of the township.”
“[Orion] took advantage of this township in terms that people that lived here thought things were going to be pretty much the way they’ve been for a very long time, and they kind of snuck in the back door and made deals with people, and the ones that had to live with it really didn’t know that much about it,” Gamby said. “Do I want solar in this township? No. Do I think what you guys are doing is the best you can do? Yes. It’s a middle ground, it’s the best thing you can do. Is it your obligation to make sure they’re making money? No. It’s your obligation to protect the township and its assets.”
Joe Haas, the lawyer representing Orion, mentioned a letter sent by his law firm to the township, and asked if they had received it. In the letter, obtained by the Commercial-News, it includes revisions to the draft ordinance that they would’ve wanted to see made, as well as additional proposed revisions sent back in May. Those revisions requested by Orion, which were not included in the final draft, included:
An increased setback to 350 feet from residences and not property lines,
Allowing for setback waivers if a property owner is not “concerned with the required setbacks,”
Extending the validity of a Special Use Permit from one year to two years,
Changes to site plan requirements, including providing certain items at the building permit application stage, such as a project description, an operations plan for the energy system, and proof of public liability insurance, and
Changes to language regarding abandonment and decommissioning, and annual reports.
Beth Hubbard, the owner of Corey Lake Orchards, said she “strongly supports and loves” the township, and said the township can continue to have farms and solar energy at the same time. She also thanked the board for “learning and enduring” during the process, and asked them to “do the right thing for the landowners.”
“I ask you to do the right thing for the landowners who have the opportunity that could be something, but it’s gotta be the right thing for solar companies to work with us,” Hubbard said. After the meeting, Hubbard expressed her disappointment with the decision to move forward with the ordinance, saying she was concerned that the ordinance as written would dissuade Orion from coming into the township.
Following the public hearing, Schmeling said he felt that the ordinance covers concerns about wetlands, and that “all state, local and federal laws” will have to be followed. In an interview after the meeting, Schmeling said he wasn’t sure about the validity of the claims that Orion would not come into the township because of the requirements.
“I don’t know. I think there’s plenty of land that’s available in the overlay district,” Schmeling said.
The motion to move forward with the ordinance was approved unanimously by the board, 4-0. Commissioner Herb Everss was absent.
Robert Tomlinson can be reached at 279-7488 or robert@threeriversnews.com.