On the agenda: Ann Arbor meeting — Data Center (Jun 18)

Pittsfield Charter Township
6201 West Michigan Avenue, Ann Arbor, MI 48108
Phone: (734) 822-3101
Website: www.pittsfield-mi.gov

REGULAR MEETING

June 18, 2026

6:30 P.M.


PITTSFIELD TOWNSHIP PLANNING COMMISSION AGENDA


1.0

Call Meeting to Order at 6:30 p.m. / Determination of a Quorum

2.0

Pledge of Allegiance

3.0

Approval of Agenda

4.0

Approval of Prior Minutes (Pg. 3)

5.0

Public Comment I
If there is a member of the public that wishes to address the Planning
Commission, please step forward.

6.0

Public Hearings

7.0

New Business
7.1

Data Center Draft Zoning Ordinance Discussion (Pg. 11)

8.0

Old Business

9.0

Planner’s Report

10.0

Chairperson’s Report

11.0

Commissioner’s Report

12.0

Public Comment II

13.0

Adjournment

Anyone who requires a reasonable auxiliary aid or service for effective communication and
participation in the meeting should contact the Clerk’s Office as soon as possible, but no
later than three business days before the meeting. The Clerk’s Office can be reached by
email at [email protected] or by phone at (734) 822-3120.

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Pittsfield Charter Township
Planning Commission
May 7, 2026
Page 1 of 7

REGULAR MEETING
May 7, 2026
6:30 P.M.

PITTSFIELD CHARTER TOWNSHIP PLANNING COMMISSION MINUTES

Members Present:

Ann Harris, Daniela Rivera, Deborah Williams, Matthew Payne, Yameen
Jaffer

Members Absent:

George Ralph, Stanley Young

Others Present:

Benjamin Carlisle - Township Planning Consultant, Samuel Howard –
Community Development Coordinator and Recording Clerk.

1.0

Call Meeting to Order at 6:30 p.m. / Determination of a Quorum
Chairperson Payne called the meeting to order at 6:30 p.m. A quorum was present.

2.0

Pledge of Allegiance
Chairperson Payne led the Pledge of Allegiance.

3.0

Approval of Agenda
3.1

Motion by Commissioner Williams, supported by Commissioner Jaffer, to
move item 7.1 to follow 6.1 and approve the agenda as amended.
MOTION CARRIED

4.0

Approval of Prior Minutes
4.1

Regular Minutes of April 16, 2026
Motion by Commissioner Williams, supported by Commissioner Jaffer, to
approve the Regular Meeting Minutes of April 16, 2026.
MOTION CARRIED

5.0

Public Comment
None

6.0

Public Hearing
6.1

RZ 26-03 Zoning Ordinance Moratorium
Public Hearing for a Zoning Text Amendment to establish zoning moratoriums
Benjamin Carlisle, Township Planning Consultant, introduced the Zoning Text
Amendment. He shared that outside counsel hired to review zoning ordinance
language for data centers advised the Township that there should be language in

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Pittsfield Charter Township
Planning Commission
May 7, 2026
Page 2 of 7

the Zoning Ordinance to adopt a moratorium. This language, if approved by the
Township Board of Trustees, will be adopted into both the Zoning Ordinance and
the Township General Code. Mr. Carlisle Clarified that this language is specific to
the Township’s ability to establish a zoning moratorium, and Planning
Commission consideration is for a recommendation to the Township Board of
Trustees.
Chairperson Payne opened the public hearing.
A member of the public asked for clarification on the outside counsel hired by the
Township to review data center language.
Mr. Carlisle asked the members of the public to give their entire comment prior to
response from the Planning Commission and professional staff.
A member of the public clarified that their only question is regarding the identity
of the outside counsel hired by the Township.
Mr. Carlisle shared that the outside counsel hired by the Township is Foster-Swift
Attorneys out of Lansing. He also noted that the Township worked with its inside
counsel, Mariah Fink of Fink and Fink, PLLC.
Motion by Commissioner Harris, supported by Commissioner Jaffer to close
the Public Hearing for RZ 26-03 Zoning Ordinance Moratorium.
MOTION CARRIED
7.0

New Business
7.1

RZ 26-03 Zoning Ordinance Moratorium
Consideration of a Zoning Text Amendment to Establish Zoning Moratoriums
Commissioner Harris noted that she had no additional comments regarding the
language.
Commissioner Jaffer noted that he had no additional comments regarding the
language
Commissioner Williams noted that it is a good idea to add this language to the
Township Zoning Ordinance.
Motion by Commissioner Williams, supported by Commissioner Jaffer, to
recommend the Township Board of Trustees approve the language as
drafted.
ROLL CALL
YES:

WILLIAMS, HARRIS, JAFFER, PAYNE, RIVERA

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Pittsfield Charter Township
Planning Commission
May 7, 2026
Page 3 of 7

NO:
ABSENT:
ABSTAIN:

NONE
RALPH, YOUNG
NONE

MOTION CARRIED
Mr. Carlisle noted that the language will go to the Township Board of Trustees to
be considered for adoption into the Township Zoning Ordinance.
7.2

CSPA 26-10 Liquor Expo
Consideration of an addition to an existing building
5915 Michigan Avenue
L -12-23-300-021 and 044
Benjamin Carlisle, Township Planning Consultant, introduced the project.
Applicant is Liquor Expo on Michigan Avenue, is applying for an expansion of
the existing building. He noted that there is a new owner of the building and it
used to be William’s Party Store. Mr. Carlisle shared that the property is part of
the Form Based Mixed-Use Zoning District, and while the current building is
nonconforming, improvements as part of the expansion will help bring the
building further into compliance with the standards. Improvements include the
addition of a cooler to the side of the building, significant façade improvement,
and improvements to landscaping, lighting, and paving. He noted that Township
staff support the updates to the site but would like the elevations of the building to
be a topic of discussion with the Planning Commission. Mr. Carlile noted that the
Township is asking for consideration of improvements to the Michigan Avenue
and parking lot façades. He also noted that elevations provided were in black and
white, meaning Township staff could not review any proposed colors for the
building’s façades. Mr. Carlisle also noted that the applicant proposes using a
significant amount of Exterior Insulation and Finish System (EFIS), which is not
a permitted primary principal material. He also highlighted that the ordinance
requires a 50% transparency along the Michigan Avenue façade, which the
building currently does not meet. He noted that the applicant is putting a
significant amount of investment into the property, and Township staff is overall
supportive of the addition.
Hatem Hanawa – Applicant – noted that comments from the Township were
reviewed, and the applicant can change the primary building material from EFIS
to cast stone. He also noted that this change in material will give the addition a
similar look to the existing building. Mr. Hanaw also addressed concerns about
transparency along Michigan Avenue, noting that the proposed addition is for a
carryout restaurant area with the kitchen located within the building along
Michigan Avenue. He shared that, while there are concern with the window
looking into the kitchen area, they can expand windows and install spandrel glass
with glazing to hide kitchen equipment. He also noted that windows facing the
parking lot could be dropped lower to show the liquor in the case.
Chairperson Payne asked for clarification on whether Township staff and the
applicant have had any conversations on ways to address transparency along
Michigan Avenue, including faux windows.

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Pittsfield Charter Township
Planning Commission
May 7, 2026
Page 4 of 7

Mr. Carlisle clarified that conversations have not happened but highlighted that
any changes to the Michigan Avenue façade would be an improvement over the
existing look. He also noted that the Township staff would be willing to have
additional conversations with the applicant at the direction of the Planning
Commission.
Chairperson Payne noted that, while it may not be a recommendation of approval,
he was curious about whether additional discussions were held between the
applicant and Township staff regarding transparency along Michigan Avenue.
Commissioner Harris asked for clarification on whether there was a drive-through
proposed as part of the kitchen.
Mr. Hanawa clarified that a drive-through was not proposed as part of the addition
and shared that the kitchen is primarily for patrons to grab premade food as they
shop. He also noted that customers can pre-order items.
Commissioner Williams asked for clarification on whether the kitchen will be on
site?
Mr. Hanawa clarified that the kitchen is on site and will be to the left of the
entrance. He also noted that the liquor shelf will be on the right side of the
entrance.
Chairperson Payne asked for clarification on whether the current windows are
above the liquor shelves.
Mr. Hanawa clarified that the liquor shelves are twelve feet high, with the
windows directly above them. He noted that other projects have placed the liquor
shelves in front of the windows but highlighted that there can be concern with
sunlight fading out labels on bottles. He shared his belief that some liquor bottles
in the windows can help attract business and noted that the applicant can work to
expand the windows, possibly another four feet.
Chairperson Payne noted the Planning Commission’s appreciation of the
applicant’s willingness to expand the windows, noting that it may be a significant
cost.
Mr. Hanawa noted that the applicant’s main concern is with functionality but
noted that the applicant believes that expanding the windows to showcase liquor
from the outside can enhance the look of the building.
Commissioner Harris shared that she would be comfortable with the changes the
applicant is willing to make to address Township concerns.
Mr. Hanawa noted that the proposed floor plan incorporates cases for deli items,
fruits and vegetables, and salads in addition to the liquor and other items currently
sold by the store.
Commissioner Jaffer asked for clarification on whether there will be direct access
to an exit from the kitchen area.

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Pittsfield Charter Township
Planning Commission
May 7, 2026
Page 5 of 7

Mr. Hanawa clarified that there would be direct exit access through the kitchen
and noted that there is a break at the counter that would allow patrons to exist
through the kitchen in the event of an emergency. He noted that there will be a
total of three exits including the front doors, kitchen door, and a door near
restrooms.
Commissioner Jaffer asked for clarification on whether there was an exit on the
back right side of the building.
Mr. Hanawa clarified that there is no exit on the back right side of the building
and noted that the area is used for the walk-in beverage cooler.
Commissioner Jaffer asked for clarification on whether there is only one entrance
to the walk-in beverage cooler.
Mr. Hanawa clarified that there is only one entrance to the walk-in beverage
cooler and highlighted that the fire code allows for 75-foot travel, which they are
under.
Chairperson Payne noted that he had a similar thought regarding pacing another
door on the end of the walk-in beverage cooler.
Commissioner Jaffer noted safety instances with similar walk-in beverage coolers.
Mr. Hanawa noted that the end doors do not have fixed shelves, and the walk-in
cooler is designed for possible emergency incidents with shelves that can be
easily moved. Mr. Hanawa noted that, once the rolling shelves are moved, any
cooler door, including those that are used by patrons to access products, can be
used in case of an emergency.
Motion by Commissioner Williams, Supported by Commissioner Jaffer, to
approve the Preliminary Site Plan for CSPA 26-10 Liquor Expo with the
following conditions addressed as part of Final Site Plan:
1. Add two (2) bicycle parking spaces
2. Upgrade parking lot in accordance with Engineering Standards
3. Provide photometric plan and fixture details
4. Provide a detailed landscape plan
5. Address façade improvements based on Planning Commission discussion
6. Work with professional staff on visuals
ROLL CALL
YES:
NO:
ABSENT:
ABSTAIN:

WILLIAMS, HARRIS, JAFFER, PAYNE, RIVERA
NONE
RALPH, YOUNG
NONE

MOTION CARRIED

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Pittsfield Charter Township
Planning Commission
May 7, 2026
Page 6 of 7

Mr. Carlisle shared the next steps for the applicant and advised Mr. Hanawa to
reach out to discuss items needed during submittal of the Final Site Plan.
8.0

Old Business
None

9.0

Planner’s Report
Benjamin Carlisle, Township Planning Consultant, noted that Township staff are progressing
in finalizing draft ordinance language for data centers and a concept review should occur at the
next Planning Commission meeting before a public hearing is held at a subsequent meeting.
Chairperson Payne asked for clarification on when the public hearing will be held.
Mr. Carlisle clarified that the meeting on May 21, 2026, will be for conceptual review and, if
the Planning Commission approves of the language, a public hearing will be held at a
subsequent meeting.
Chairperson Payne noted that the Planning Commission has viewed draft data center ordinance
language in prior meetings.

10.0

Chairperson’s Report
Chairperson Payne noted recall efforts against elected officials in Lyon and Saline
Townships over data center proposals.
Benjamin Carlisle, Township Planning Consultant, noted that there are three local recall
efforts tied to data centers. He also clarified that original recall language in Saline
Township referencing data centers was not approved by the county, and approved
language to recall the Saline Township Supervisor referenced a vote to approve health
insurance stipends.
Chairperson Payne clarified that the original recall efforts in Saline Township were
related to the development of a data center in the township.
Mr. Carlisle agreed and noted that the recall efforts were originally for three elected
officials in Saline Township, but language was only approved for a recall vote of the
supervisor.

11.0

Commissioner’s Report
None

12.0

Public Comment II
Christina Lirones – 151 E Textile – noted that a recall effort is also ongoing in Augusta
Township.

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Pittsfield Charter Township
Planning Commission
May 7, 2026
Page 7 of 7

Benjamin Carlisle, Township Planning Consultant, confirmed that officials in Augusta
Township were also facing recall efforts.
Ms. Lirones shared her belief that the public, both within Pittsfield Township and in
surrounding municipalities, is unanimously opposed to data centers, and she is glad the
Township is acting. Noted that the original owners of Liquor Expo are in favor of the
continuation and expansion of the business. She also noted that the original owners
donated land so that Textile Road could be bent up and face directly across from Plum
Hollow Drive in the hope that a traffic signal could be put in by the Michigan Department
of Transportation. Ms. Lirones noted that, while a possible traffic signal does not directly
impact on the expansion of Liquor Expo, it should be considered by the Planning
Commission as they are looking at projects in that area.
Chairperson Payne asked for clarification on whether there are ongoing conversations
with the Michigan Department of Transportation regarding a traffic signal due to
development in the area.
Mr. Carlisle noted that, when Wellesley Gardens Phase Two and Willowcrest were being
reviewed, a traffic study was done that warranted a traffic signal at Textile Road and
Michigan Avenue but a decision was made by the Washtenaw County Road Commission
and the Michigan Department of Transportation to not put a traffic signal at that
intersection. Mr. Carlisle shared that Eric Humesky, the Township Engineering
Consultant, and himself had concerns about the decision. He did note, however, that
during the development processes for both Wellesley Gardens Phase Two and
Willowcrest, money was placed into a fund that would contribute to a future traffic
signal. Mr. Carlisle also noted that additional development is coming online which may
further warrant a traffic signal for that location and it is the Township’s opinion that a
traffic signal should be installed at that intersection.
13.0

Adjournment
Motion by Commissioner Harris, supported by Commissioner Jaffer, to adjourn
the meeting.
MOTION CARRIED
Chairperson Payne adjourned the meeting at 7:00 p.m.

Deborah Williams, Secretary

June 18, 2026

Please Note: This meeting is being recorded
This notice is posted in compliance with PA 267 of 1976 (as amended) Open Meetings Act, MCL
125.3103 and 125.3502 and the Americans with Disabilities Act (ADA). Individuals with
disabilities requiring auxiliary aids or services should contact the Pittsfield Charter Township
Clerk’s Office 3 business days prior to the meeting. The Clerk’s Office can be reached at 734822-3120 or via email [email protected].

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Samuel Howard
From:
Sent:
To:
Subject:
Attachments:

Christine Hines
Monday, May 18, 2026 8:03 AM
Sonia Castleman; Samuel Howard; Jessica West; Landis Smith
FW: Correspondence for Inclusion in Planning Commission Packet — AI Data Center
Zoning
Bruce–Washington HEID Ordinance Amendment v6.2.pdf

FYI – from the planning email.

Christine Hines | Community Development Department Assistant
Pittsfield Charter Township Municipal Services | 6201 W. Michigan Avenue, Ann Arbor, MI 48108
Direct: (734) 822-2130 | Office: (734) 822-3130
Email: [email protected]| Website: www.pittsfield-mi.gov

From: Sean Webber
Sent: Monday, May 18, 2026 6:29 AM
To: Sean Webber
Subject: Correspondence for Inclusion in Planning Commission Packet — AI Data Center Zoning

CAUTION: This email originated from outside your organization. Exercise caution when opening
attachments or clicking links, especially from unknown senders.
Dear Planning Commission Member:
Proposals for AI and hyperscale data centers continue to advance at a rapid pace across the state. At
this time it is believed that there are 31 such proposals in Michigan.
Public bodies with an applicant in front of them are generally reaching the same conclusion: AI data
centers are a very new land use. The majority of local planning commissions did not write their
ordinances or master plans with this in mind.
Land use and zoning attorneys are increasingly advising public bodies to pass zoning amendments in
response to the development of this industry. This is the right path forward in the absence of broader
action from the state legislature. As this industry has accelerated, the quality of guidance available to
public bodies has varied widely. Communities are well-served by seeking multiple perspectives before
acting.

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Attached is a zoning ordinance amendment drafted by a citizens committee with the help of planning and
legal professionals. Contributions include those of Washington Township, Bruce Township, Armada
Township, and other communities. Men and women labored for approximately four months to create
ordinances for a land use that was largely not understood a year ago.

I am so proud and inspired by how these citizens rose to the occasion to serve their community and
provide a template for planning commissions statewide.
Thanks to their work, I am pleased to share a starting point with public bodies like yours for the widest
possible distribution.
Please include this correspondence in the board packet for the next regularly scheduled Planning
Commission meeting.
Respectfully,
Sean Webber

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WASHINGTON TOWNSHIP HIGHENERGY INTENSIVE DEVELOPMENT
(HEID) ORDINANCE AMENDMENT
Residence Committee Proposed Document -- Version 6.2

EXECUTIVE SUMMARY
This amendment establishes comprehensive protections for Washington Township residents
while managing High-Energy Intensive Development (HEID) facilities such as data centers. The
ordinance balances economic development with community welfare through strict technical
standards, financial guarantees, and transparency requirements.

Key Achievements
Category

Protection Level
2-mile monitoring radius, 150% bond, 3-month partial recovery,
Water/Groundwater
Chemical Discharge Limits, State Permit Coordination.
dBA/dBC limits + 80 dB(G) infrasound cap; Class 1 sensor monitoring
Noise/Infrasound
with public dashboard access.
10 jobs/MW minimum, 75% at median income, independent third-party
Jobs
verification.
Dry cooling only, no continuous hydrocarbon generation, on-site
Energy
renewable requirement (30%+).
Emergency
100-hour annual cap, 2-hour notification, noise limits, defined
Generators
"Emergency Event."
Consolidated bonds/escrows (13 types) covering infrastructure,
Financial Security
decommissioning, and environmental risks.
Public registry, real-time dashboards, quarterly reporting, independent
Transparency
expert verification.
Climate
Scope 1-2 GHG reporting, TCFD-aligned risk disclosure, Local
Accountability
Environmental Mitigation Impact Fee.
Waste Management E-waste tracking, PFAS testing, NIST data destruction standards.
Explicit authority to limit build-out to specific land areas/phases until
Phased Development
prior phases are verified.
Strict limits on biocides, corrosion inhibitors, and TDS in cooling
Chemical Discharge
tower blowdown; mandatory quarterly testing.

1
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Legal Defensibility Enhancements
All provisions have been reviewed for consistency and legal defensibility under Michigan
Zoning Enabling Act (MCL 125.3101 et seq.):
1. Fine Structure: Cumulative fines with $500,000/day aggregate cap; categorized by
severity.
2. Cure Periods: 5-day cure for administrative violations; immediate fines for emergency
violations.
3. Feasibility Clauses: Scientific feasibility adjustments for aquifer recovery timelines.
4. State Law Supremacy: Explicit clauses deferring to EGLE permits while asserting local
zoning authority.
5. Police Power Justification: Generator limits framed as noise/safety measures, not air
quality regulation.
6. Severability & Repealer: Provisions are severable if preempted; conflicting ordinances
are repealed.
7. Phased Authority: Explicit statutory basis for phased land area enforcement with
variance protections.
8. Chemical Control: Explicit authority to regulate chemical discharge to protect local
water infrastructure and groundwater.

ARTICLE 1: INTRODUCTION & PURPOSE
1.1 Authority This Ordinance is adopted pursuant to the Michigan Zoning Enabling Act, Public
Act 110 of 2006, MCL 125.3101 et seq., and the Township's police power to protect the public
health, safety, and welfare.
1.2 Purpose The purpose of this Ordinance is to regulate High-Energy Intensive Developments
(HEID) to: a. Protect residential quality of life from noise, light, and environmental impacts. b.
Ensure adequate infrastructure capacity and financial responsibility. c. Promote sustainable
energy use and local economic benefits. d. Provide a clear, predictable, and legally defensible
framework for development review. e. Enable phased development to verify infrastructure and
environmental compliance before expanding site footprint. f. Prevent contamination of
municipal sewer systems and groundwater from chemically treated water discharge.
1.3 Effective Date This amendment shall take effect [X] days after adoption and apply to all new
HEID applications filed after that date. Existing HEIDs shall be governed by Article 8.2 (NonConforming Use).

ARTICLE 2: DEFINITIONS
2
22

(All technical terms used in this Ordinance are defined below. If a term is not defined, it shall
have its ordinary meaning.)
2.1 High-Energy Intensive Development (HEID) A land use or activity that, by design,
consumes ≥ 2,000 kW continuous electricity or ≥ 500,000 gal/yr potable water or ≥ 1,000 tonhrs/yr cooling energy, or is classified by the Michigan Public Service Commission as a "largescale data processing facility." Typical examples: data centers, cryptocurrency mining farms,
high-performance computing clusters, large-scale video rendering or AI training facilities.
2.2 Environmental Impact Assessment (EIA) Technical study (licensed PE) quantifying
projected electrical, water, and thermal energy loads, evaluating municipal utility capacity, and
identifying required upgrades, mitigation measures, and renewable energy commitments.
2.3 Renewable Energy (RE) Commitment On-site generation, purchase power agreement, or
escrow equal to ≥ 30% of the HEID's projected annual electricity consumption.
2.4 Performance Bond (PB) Cash bond, irrevocable letter of credit, or surety bond equal to
100% of the estimated cost of all required utility, water, and stormwater infrastructure upgrades
identified in the EIA.
2.5 Noise Impact Assessment (NIA) Study (licensed acoustical engineer) predicting highfrequency (125 Hz -- 8 kHz) and low-frequency (≤ 125 Hz) SPL (dBA/dBC) at the nearest
residential front yard (day/night) and recommending mitigation.
2.6 Lighting Control Plan (LCP) Design package proving compliance with § 5.15 (dark skyfriendly fixtures) and that illuminance at any adjacent residential property does not exceed 0.3
foot-candles measured at the property line.
2.7 Cumulative Energy Load (CEL) Aggregate projected electricity, water, and cooling
demand of all HEIDs within a one-mile radius of a proposed site.
2.8 Mitigation Plan (MP) Site-specific plan addressing stormwater, heat island, noise (high &
low frequency), lighting, water conservation, and waste disposal measures.
2.9 Hazardous/Industrial Waste Disposal Requirement Any HEID that generates hazardous,
electronic, or industrial waste must develop a Waste Management Plan (licensed hazardous
waste consultant) that complies with EGLE regulations, includes manifest tracking, on-site
segregation, and approved off-site disposal.
2.10 Job Density Ratio (JDR) The quotient of total full-time equivalent (FTE) jobs divided by
total megawatt (MW) of installed electrical capacity. A "job" means an FTE employing at least
40 hours per week, located within the municipality, and reported on payroll records.
2.11 Supply Chain Risk Management (SCRM) Plan A comprehensive strategy detailing the
sourcing, vetting, and lifecycle management of critical infrastructure components. Must identify
single points of failure, geopolitical risks, and contingency protocols.
3
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2.12 Critical Infrastructure Components Hardware essential to HEID operation including
servers, cooling systems, UPS, transformers, switchgear, network switches, and firmwarecontrolled devices.
2.13 Solid Oxide Fuel Cell (SOFC) System An electrochemical power generation system
converting fuel directly to electricity without combustion, achieving ≥37% efficiency, zero water
consumption, and NOx < 0.01 lbs/MWh.
2.14 Alternative Power Generation Analysis (APGA) A comparative technical evaluation
assessing multiple on-site power generation technologies (including SOFC, advanced nuclear,
hydrogen, etc.) for feasibility, efficiency, emissions, and cost.
2.15 High Impact Data Center A HEID that meets any of the following: a. Total Site Load
exceeds 30 MW-Facility at full buildout; or b. Includes 10 MW or more of installed on-site
generation capacity; or c. Proposed as a campus/multi-phase development intended to exceed
these thresholds.
2.16 HEID Size Class Disclosure categories (Micro, Small, Medium, Large, Hyperscale) based
on MW-Facility range, site area, building area, and height.
Size Class
Micro/Edge
Small
Medium

Large
Hyperscale/AI
Class

MW-Facility
Range
≤ 2 MW
> 2 to 10 MW
> 10 to 30 MW

Typical Site
Area
~1--5 acres
~5--25 acres
~20--60 acres
~60--150+
> 30 to 100 MW
acres
~150--300+
> 100 MW
acres

Typical Building Area

Typical
Height
~18--35 ft
~24--45 ft
~30--65 ft

~10,000--80,000 sq ft
~80,000--300,000 sq ft
~300,000--800,000 sq ft
~800,000--2,000,000+ sq
~30--90 ft
ft
~2,000,000--10,000,000+
~60--120+ ft
sq ft

Required Disclosure Fields for each phase and full buildout (project-specific values):
a. Site/Parcel: Site acreage and parcel configuration b. Building Form: Total enclosed building
area (sq ft), building height (ft) c. Electrical Demand (Power): MW-IT (average and peak),
MW-Facility (average and peak) d. Energy Efficiency: Target PUE, PUE
measurement/reporting method e. Electrical Consumption (Energy): Annual energy
(MWh/year) f. Cooling/Heat Rejection: Cooling type(s), heat rejection equipment (including
nameplate ratings) g. Water (Source, Use, Discharge): Water
withdrawal/consumption/discharge (daily and annual), source(s) and discharge point(s) h. OnSite Supplemental Power Generation: Inventory (unit kW/MW, aggregate MW, fuel type),
operating mode, expected annual run hours, expected annual fuel usage and on-site storage
capacity i. Other Pertinent Metrics: Transformer/substation equipment, battery/UPS energy
rating (MWh), site impervious coverage, construction phasing schedule j. Phased Buildout
Plan: Number of proposed phases, acreage per phase, and sequence of development. k.
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Chemical Discharge Plan: Inventory of water treatment chemicals and proposed discharge
limits.
2.17 Power and Energy Units



Megawatt (MW): Unit of power (rate of use).
Megawatt-hour (MWh): Unit of energy (power integrated over time).

2.18 IT Load and Total Site Load



IT Load (MW-IT): Power used by IT equipment.
Total Site Load (MW-Facility): Total power at the site utility meter(s), including IT and
support systems.

2.19 PUE (Power Usage Effectiveness) Ratio: Total Site Load ÷ IT Load. Lower PUE indicates
better efficiency. Target benchmark: ≤ 1.2.
2.20 Cooling and Heat Rejection





Dry Cooling: Heat rejection using air-cooled equipment without evaporating water.
Evaporative/Wet Cooling (PROHIBITED): Cooling towers, adiabatic coolers, misters,
or any system rejecting heat by evaporating water.
Hybrid Cooling (PROHIBITED): Systems capable of operating in both dry and wet
modes.
Liquid/Immersion Cooling: Permitted only if heat rejection is accomplished via dry
cooling.

2.21 Infrasound and Measurement Terms




Infrasound: Sound energy with dominant frequencies below 20 Hz (1--20 Hz band).
G-Weighting; dB(G): Frequency weighting for infrasound (ISO 7196:1995).
LG,eq,T: G-weighted equivalent continuous sound pressure level over time T.

2.22 PFAS Exceedance A single sampling event at a specific monitoring point or residential
well detecting PFAS concentrations above Michigan EGLE or federal regulatory limits. Each
distinct event/location is a separate exceedance.
2.23 Township-Retained Expert An independent subject matter expert retained by the
Township to verify applicant submissions. Costs borne by the applicant.
2.24 Independent Verification The process by which a Township-Retained Expert reviews,
audits, or validates technical claims submitted by an applicant.
2.25 Emergency Event Strictly limited to: a. Actual utility power outage affecting the facility; b.
Documented grid instability requiring immediate backup power per utility directive; or c. Lifesafety system activation (fire suppression, medical equipment).
5
25

Excludes: Planned maintenance, testing, peak shaving, demand response, or merchant power
sales.
2.26 Carbon Benchmark Price Annual market rate for high-quality Renewable Energy Credits
(RECs) or carbon offsets, established by the Township Board for calculating the Local
Environmental Mitigation Impact Fee.
2.27 Location-Based Method GHG Protocol Scope 2 accounting method reflecting average
emissions intensity of the local grid where energy is consumed.
2.28 Market-Based Method GHG Protocol Scope 2 accounting method allowing use of
RECs/offsets. The higher of Location-Based or Market-Based totals shall be used for fee
calculations.
2.29 7Q10 Minimum Flow Rate Lowest flow expected for seven consecutive days once every
ten years, as defined by Michigan EGLE water quality standards.
2.30 EGLE Permit Any permit, license, registration, or approval required from the Michigan
Department of Environment, Great Lakes, and Energy under state law.
2.31 Chemically Treated Water Discharge Water discharged from the facility that has been
treated with chemicals (including but not limited to biocides, corrosion inhibitors, scale
inhibitors, or cleaning agents) for cooling, boiler, or industrial processes.
2.32 Blowdown The portion of circulating water removed from a cooling system to control the
concentration of dissolved solids and suspended matter, typically containing concentrated
treatment chemicals.

ARTICLE 3: ZONING DISTRICTS & PERMITTED USES
3.1 Permitted Districts HEIDs are Special Land Uses permitted ONLY in the Industrial (IND)
District (§ 3.1.14).
3.2 Prohibited Locations HEIDs are prohibited within: a. Any Residential district (A1, R1, R1A
through R1D). b. Within 300 ft of a wetland, lake shoreline, or protected natural resource. c.
Within 100 ft of a fire hydrant, fire lane, or emergency service access point. d. Within 1,500 ft of
a K-12 school, licensed childcare center, or hospital (High Impact Data Centers only).

ARTICLE 4: USE STANDARDS
4.1 Classification HEIDs are Special Land Uses subject to §§ 4.2 through 4.11.
6
26

4.1-A Special Land Use Status HEIDs require Special Land Use approval from the Planning
Commission.
4.1-B Phased Development Authority The Planning Commission may approve HEID projects
in phased construction stages based on objective criteria including: a. Utility capacity
verification (per § 4.5). b. Environmental impact verification (per § 5.2). c. Job density milestone
achievement (per § 4.7). d. Financial assurance compliance (per § 6.5).
Phase Advancement Requirements:
1. Sequential Approval: No subsequent phase (e.g., Phase 2) may commence construction
or land disturbance until the Township has issued a Certificate of Completion for the
preceding phase.
2. Inspection Trigger: A Certificate of Completion requires verification that all bonds,
utility upgrades, noise controls, and job density milestones for the prior phase are met.
3. Cumulative Limits: The total approved phasing shall not exceed the maximum site area
defined in the Size Class Disclosure (§ 2.16) unless a new Environmental Impact
Assessment is submitted.
4. Timeline: Maximum interval between phases shall not exceed 18 months unless
extended for documented hardship or force majeure.
4.2 Mandatory Pre-Application Package Applicants must submit simultaneously:
1. HEID Application Form.
2. Environmental Impact Assessment (EIA).
3. Renewable Energy Plan.
4. Water Use Impact Study.
5. Noise Impact Assessment (NIA).
6. Lighting Control Plan (LCP).
7. Mitigation Plan (MP).
8. Waste Management Plan.
9. Job Density Compliance Plan.
10. Supply Chain Risk Management (SCRM) Plan.
11. Alternative Power Generation Analysis (APGA).
12. Size Class Disclosure.
13. Groundwater Impact Study & Dewatering Plan.
14. GHG Emissions Reporting Plan.
15. E-Waste Management Plan.
16. Phased Construction Plan (detailing acreage, sequence, and milestones per phase). 17.
Chemical Discharge Management Plan (CDMP) detailing all water treatment
chemicals, discharge volumes, and proposed treatment methods.
4.3 Utility Infrastructure & Cost Requirements



Electrical: Performance Bond covering 100% of estimated electrical upgrade cost.
Water & Sewer: Performance Bond covering 100% of water/sewer upgrade cost.
7
27



Stormwater: MP must include on-site detention meeting Macomb County standards.

4.4 Noise & Light Controls





Noise: High-frequency ≤ 45 dBA (day) / 35 dBA (night); Low-frequency ≤ 40 dBC (day)
/ 30 dBC (night) at property lines. Real-time Class 1 sensor monitoring required,
accessible to a public dashboard.
Infrasound: ≤ 80 dB(G) LG,eq,10-minute at residential parcel boundaries.
Light: Illuminance ≤ 0.3 fc at adjacent properties; fully shielded fixtures; no blue-rich
LEDs >3000K.

4.5 Cumulative Energy Load Review Planning Commission shall compute CEL for all HEIDs
within a one-mile radius. If CEL exceeds 15% of local utility peak capacity, further approvals
may be limited.
4.6 Setbacks



Residential: Principal buildings ≥ 1,500 ft from residential parcel boundary.
Sensitive Uses: High Impact HEIDs ≥ 1,500 ft from schools, childcare, hospitals.

4.7 Job Density Requirement







Minimum: 10 jobs per MW of installed capacity.
Quality: 75% of FTE positions at or above inflation-adjusted median household income.
Verification: Applicants shall submit employment projections verified by independent
third-party analysis prior to permit approval.
Bond: 10% of estimated economic impact if targets not met.
Phasing: Projects >50 MW may comply over 5 years (50%, 75%, 100% milestones).
Annual Reporting: Facility operators shall submit annual employment reports to the
Planning Department, including payroll documentation and job classification
breakdowns.

4.8 Supply Chain Resilience & Security SCRM Plan must demonstrate:








Component provenance (no high-risk jurisdictions without vetting).
10-year parts availability guarantee.
Vendor diversification (no single supplier >50%).
Cybersecurity vetting (no backdoors).
Abandonment mitigation clause detailing how the facility will be secured and
maintained if the primary vendor ceases operations or if geopolitical sanctions
prevent parts delivery.
5% Contingency Bond for emergency procurement.

4.9 Alternative Power Generation Analysis (APGA)

8
28







Requirement: Evaluate latest commercially viable on-site power generation technologies
(e.g., SOFC, hydrogen, advanced nuclear, solar+storage).
Scope: Compare at least 3 distinct pathways based on efficiency, emissions, cost, and
grid independence.
Review: Independent Township-paid consultant must certify objective analysis.
Conditional Approval: If a superior low-carbon technology is viable, applicant must
commit to it or post transition bond.
Dynamic Standard: Township may update "latest technologies" list via administrative
resolution.

4.10 Power Generation & Cooling Technology Standards
A. POLICE POWER JUSTIFICATION Restrictions in this section are enacted under the
Township's police power to protect public health, safety, and welfare from noise, vibration, and
community disruption. They are zoning conditions, not air quality regulations, and do not
replace EGLE permitting authority.
B. Continuous Hydrocarbon-Fueled On-Site Power Generation (PROHIBITED) Operation
of hydrocarbon generators for continuous, prime, peaking, or routine non-emergency supply is
prohibited.



Prohibited: Peak shaving, demand response, merchant power sales.
Exception: Emergency outage operation and readiness testing only.

C. Emergency Generator Use & Limitations Hydrocarbon generators permitted only for
Emergency Events.
1. Definition: See § 2.25 (Emergency Event).
2. Operational Limits:
o Annual Cap: Max 100 hours/year (rolling 12-month basis).
o Warning: >75 hours triggers corrective action plan.
o Hard Cap: >100 hours triggers additional bonding, suspension, or grid upgrade
requirement.
o Testing: Limited to 8:00 AM -- 7:00 PM unless reliability standard requires
otherwise.
o Portable Units: Subject to same limits; cannot be used to circumvent restrictions.
3. Notification & Reporting:
o Notify Township within 2 hours of activation.
o Public dashboard update within 1 hour.
o Resident alert (within 1,500 ft) within 4 hours (for >10 MW facilities).
o Post-event report within 48 hours.
D. Cooling Technology Prohibitions



Wet/Evaporative Cooling: Prohibited (cooling towers, adiabatic, misters).
Hybrid Cooling: Prohibited.
9
29



Dry Cooling Required: All heat rejection must be dry cooling.

4.11 On-Site Renewable Energy Requirement






Mandate: RE (≥30%) must be physically located on the same parcel or contiguous
property.
Prohibited: Virtual PPAs, Unbundled RECs, Remote Offsets.
Accounting: Location-Based Method required. Higher of Location/Market totals used for
fees.
Exceptions: Variance granted only for geographic constraints, local grid delivery, and
direct community benefit.
Penalty: $10,000/day for non-compliance; bond forfeiture; potential permit revocation
after 180 days.

ARTICLE 5: ENVIRONMENTAL PROVISIONS
5.1 High-Energy-Use Environmental Safeguards









Water Conservation: ≥30% reduction vs. baseline.
Heat Island: 30% cool-pavement/vegetated roofing.
Stormwater: Capture 100% of first inch of rainfall.
Habitat: No siting within 300 ft of wetlands/stream.
Abandonment: 125% Restoration Bond; 180-day start / 365-day completion timeline.
PUE: Annual reporting; benchmark ≤ 1.2.
Phase-Specific Compliance: Environmental safeguards must be met for each phase
before the next phase may commence.
Chemical Discharge Control: All chemically treated water discharge must comply with
§ 5.1-F.

5.1-F Chemically Treated Water Discharge a. Chemical Inventory: Applicants must submit a
full inventory of all water treatment chemicals (biocides, corrosion inhibitors, scale inhibitors,
cleaning agents) with Safety Data Sheets (SDS) prior to operation. b. Discharge Limits:
Discharge of chemically treated water (blowdown) into the municipal sewer or onto land must
not exceed limits set by the Township's Sanitary Sewer Use Ordinance or EGLE NPDES
permits. c. Prohibited Substances: Discharge containing free chlorine > 0.5 ppm, bromine >
0.2 ppm, or heavy metals (zinc, copper, molybdate) above EGLE limits is prohibited. d.
Treatment Requirement: All chemically treated water must be neutralized or treated to remove
hazardous constituents before discharge. e. Monitoring: Quarterly testing of discharge water
for pH, Total Dissolved Solids (TDS), and specific chemical constituents (biocides, heavy
metals) is required. Results must be submitted to the Township within 15 days of testing. f.
Violation: Failure to comply with discharge limits constitutes an immediate environmental
emergency violation.
5.2 Construction Phase Groundwater & Well Protection
10
30











Baseline: Survey all wells within 2-mile radius; independent hydrogeologist hired by
applicant.
Limits: No drawdown >2 ft or yield reduction >10%.
Restitution: Pay full cost of well repair/replacement; compensate for property value loss.
Bond: 150% of estimated cost of deepest well replacement.
Recovery: Return groundwater levels to within 50% of pre-construction baselines
within 3 months; Complete recovery to pre-construction baselines within 12 months.
Feasibility Clause: If an independent hydrogeologist determines the 3-month target
is scientifically unachievable due to local geology, the Township may extend the
timeline to a reasonable period based on expert testimony.
Phase-Specific Baseline: Baseline monitoring required before EACH phase begins.
State Law Supremacy: Compliance with EGLE permits is a prerequisite. This ordinance
adds local monitoring/restitution obligations.

5.3 Climate Accountability & Risk Disclosure





Greenhouse Gas Reporting: Scope 1 & 2 Greenhouse Gas (GHG) Emissions (in
accordance with the GHG Protocol) for all facilities on the parcels. Scope 3 encouraged.
Assurance: Limited (Years 1) to Reasonable (Year 2+) by independent provider.
Climate Risk Reporting: TCFD-aligned disclosure of climate risks with facility-level
risk mitigation plan (reported every two years).
Cost Recovery: Applicant pays for "verification of verifier."

5.4 Local Environmental Mitigation Impact Fee





Calculation: (Total Verified MTCO2e) × (Carbon Benchmark Price).
Use: Local Impact Zone (5-mile radius) for utility credits, microgrids, tree canopy.
Exclusions: Unbundled RECs/VPPAs do not reduce fee.
Peaker Penalty: 200% fee rate for emissions from peaker plants activated by facility
demand.

5.5 Water Security Escrow



Deposit: $250,000 minimum.
Purpose: Emergency water supply and independent investigation if developer fails to act
within 24 hours.

5.6 Electronic Waste (E-Waste) Management Plan






Tracking: Live inventory of IT equipment.
Disposal: R2v3 or e-Stewards certified recyclers (or state-registered equivalent).
Storage: Indoor, non-porous floor; 1-year accumulation limit.
Data Security: NIST SP 800-88 sanitization; Certificates of Destruction.
Fluids: Lab testing of coolants; closed-loop preference.

11
31

ARTICLE 6: DEVELOPMENT PROCEDURES
6.1 HEID Review Process
1. Filing: Receive Application Package.
2. Panel: Convene Review Panel (Engineer, Energy Specialist, Environmental Health &
Safety Specialist, Fire Marshal, Acoustical, Lighting, Cyber, Independent Consultant,
Citizen).
3. Evaluation: 60-day review of all studies and bonds.
4. Determination: Issue Letter of Determination (Approved/Conditional/Denied) within 90
days.
5. Conditions: Specify upgrades, bonds, milestones, tech requirements, and phased
construction schedule.
6. Phase Advancement Review: No subsequent phase may be approved until the
Township issues a Certificate of Completion for the prior phase.
7. Appeal: Denials appealable to ZBA within 30 days.
8. Monitoring: Building Official monitors compliance.
6.2 Independent Verification & Expert Review Costs







Right: Township may retain independent experts to verify submissions.
Cost: Applicant pays all costs (prevailing market rates).
Mechanism: Escrow deposit required prior to review. Failure to replenish suspends
review.
Scope: Full access to data/models; findings binding unless appealed.
Phase-Specific Verification: Independent verification required for each phase before
Certificate of Completion is issued.
Chemical Verification: Township may retain an independent water quality expert to
verify discharge compliance.

ARTICLE 6.5: FINANCIAL ASSURANCE & BONDS
6.5-A General Performance Bonds









General: 10% of total utility/stormwater upgrade cost.
Electrical: 100% of electrical upgrade cost.
Water/Sewer: 100% of water/sewer upgrade cost.
Job Density: 10% of estimated economic impact.
SCRM: 5% of equipment cost.
SOFC/Advanced Tech: 25% of stack/component replacement cost.
Decommissioning: 125% of independent restoration estimate.
Phase-Specific Bonds: Bonds may be posted per phase rather than total project,
provided total coverage equals 100% of projected costs.
12
32

6.5-B Environmental & Impact Bonds






Groundwater: 150% of estimated well replacement cost (2-mile radius).
E-Waste: 150% of estimated remediation cost.
Water Security Escrow: $250,000 minimum.
Carbon Fee Escrow: For verification/fee collection costs.
Chemical Discharge Bond: Additional bond of $50,000 (or 10% of estimated
remediation cost) to cover potential chemical contamination cleanup.

6.5-C Release Conditions Bonds released only after:
1.
2.
3.
4.
5.
6.
7.
8.
9.

Utility upgrades complete for the specific phase.
RE Plan Approved for the specific phase.
Final inspection passed for the specific phase.
Job density verified for the specific phase.
SCRM confirmed for the specific phase.
APGA/SOFC satisfied for the specific phase.
Decommissioning plan approved for the specific phase.
Groundwater recovery verified for the specific phase.
Certificate of Completion issued for the specific phase. 10. Chemical Discharge
Compliance verified for the specific phase.

6.5-D Forfeiture & Adjustments





Forfeiture: If conditions not met within 180 days, bond forfeited.
Adjustments: Planning Commission may increase bonds if costs rise.
Phase Failure: Failure to complete Phase 1 within the approved timeline results in
automatic forfeiture of Phase 2 approval and associated bonds.
Chemical Violation: Forfeiture of Chemical Discharge Bond if contamination
occurs.

ARTICLE 7: ADMINISTRATION, APPEALS &
ENFORCEMENT
7.1 Penalties & Enforcement
A. Administrative Violations (5-Day Cure)



Late filings, minor reporting errors, bond adjustments.
Fine: $1,000/day (after 5-day cure).

B. Operational Violations (Immediate Fine)

13
33








Noise/Light exceedance: $5,000/violation.
Generator abuse (outside limits): $5,500/violation.
Wet cooling operation: $5,000/day.
On-Site Renewable failure: $10,000/day.
Supply Chain/APGA non-compliance: $5,000/day.
Unauthorized Phase Advancement: Commencing construction of a subsequent
phase without a Certificate of Completion for the prior phase: $5,000/day per day of
unauthorized work.

C. Environmental Emergencies (Immediate Fine + Bond)







Groundwater impact: 150% of remediation cost per well/day (Min $10k, Max $500k
total).
PFAS exceedance: $25,000/day per exceedance.
Hazardous material storage: $10,000/day.
E-Waste violation: $15,000/day per violation.
GHG reporting failure: $10,000/day per scope.
Chemical Discharge Violation: Discharge of prohibited chemicals or failure to meet
discharge limits: $25,000/day per violation.

D. Financial Defaults



Carbon Fee non-payment: $5,000/day + interest.
Bond forfeiture: Full bond amount.

E. Cumulative Fines & Daily Cap



Total fines for all violations shall not exceed $500,000 per day.
Fines for multiple violations are cumulative up to the cap.

F. Repeat Offenders


2 violations in one year elevates to Class C misdemeanor (Up to $5,000 + 90 days jail).

7.2 Reporting, Monitoring & Transparency
A. Publication


Applications/hearings posted on website/newspaper ≥30 days prior.

B. HEID Registry


Online registry listing: Applicant, site, loads, bonds, job density, SCRM, APGA status,
PUE, generator logs, groundwater data, GHG emissions, climate risk disclosure, expert
findings, and Phase Completion Status.

14
34



Chemical Discharge Data: Quarterly discharge test results (pH, TDS, biocides,
heavy metals) shall be publicly posted.

C. Quarterly Reporting




Operators must submit: Electricity, GHG, water, waste (incl. PFAS), noise, lighting,
employment, SCRM, SOFC, PUE, generator hours, emergency activations, groundwater
levels, and Phase Progress Reports.
Chemical Discharge Report: Quarterly water quality test results for all discharge
points.

D. Community Outreach


Public info session required for HEIDs >5 MW.

7.3 Zoning Board of Appeals (SLU Provisions)






Standards-Based Approval: Shall be approved if compliant with standards (MCL
125.3504(3)).
Required Findings: District eligibility, completeness, noise/light/cooling compliance,
hazardous controls, public services, permits, decommissioning, groundwater protection.
Conditions: Must be impact-related and proportional.
Phasing Appeals: Developers may appeal denial of a Phase Certificate of
Completion to the ZBA within 30 days.
Chemical Discharge Appeals: Developers may appeal denial of discharge
compliance or imposition of fines to the ZBA within 30 days.

ARTICLE 8: GENERAL PROVISIONS
8.1 Severability If any provision is held invalid (including preemption by state/federal law), the
remainder shall continue in full force. The Township may amend severed provisions to comply
with law.
8.2 Existing HEID Facilities (Non-Conforming Use)





Facilities operating prior to effective date may continue as lawful non-conforming uses.
Must register within 180 days.
Status terminates if: Operations cease >180 days; structural mod >50%; expansion >25%.
Termination requires compliance or decommissioning.

8.3 Administrative Record



All decisions supported by written record (staff recs, expert testimony, hearing
transcripts, findings).
Record maintained for 10 years.
15
35

8.4 Burden of Proof



Applicant: Compliance by preponderance of evidence.
Township: Non-compliance by substantial evidence; Violations by clear and convincing
evidence.

8.5 Rational Basis for Classification


Classifications based on objective criteria (MW, water, footprint) serving legitimate
interests (infrastructure, quality of life, environment).

8.6 Reasonable Economic Use (Takings Clause)



Regulations shall not deprive all economic viability.
Variances available for unique hardship.

8.7 State and Federal Law Compliance (Preemption)




Interpreted consistently with MCL 125.3001 et seq.
State/Federal law controls if preempted.
Township Attorney to review for preemption conflicts.

8.8 Variance Procedures





ZBA may grant variances for unique hardship, not self-created, minimum necessary, no
public welfare impairment.
Decision within 60 days.
Phasing Variances: Variances from phasing timelines or acreage limits may be granted
if unique physical circumstances prevent compliance.
Chemical Discharge Variances: Variances from chemical discharge limits may be
granted only if the applicant demonstrates that no feasible alternative treatment exists and
that the discharge poses no threat to public health or the environment.

8.9 Judicial Review Standard



Rational basis test. Findings presumed correct unless clearly erroneous.
Challenges filed within 30 days.

8.10 Enhanced Notice Requirements



Notice to owners within 1,000 ft; adjacent municipalities (5 mi); utilities/emergency
services.
Certified mail ≥60 days prior.

8.11 Conflict of Interest

16
36



Disclosure of financial/personal interests required. Recusal mandatory.

8.12 Ordinance Review The Planning Commission shall review this Ordinance every three
years to assess: a. Effectiveness in achieving stated goals. b. Economic impact on development
and employment. c. Infrastructure capacity and strain. d. Changes in technology or industry
standards. e. Effectiveness of the phased development provisions. f. Effectiveness of chemical
discharge controls and water quality monitoring. Amendments may be proposed based on
review findings.
8.13 Repealer Any provision of any existing ordinance of Washington Township that is in
conflict with the provisions of this Ordinance is hereby repealed to the extent of such conflict. In
the event of any conflict between the provisions of this Ordinance and any other ordinance, the
provisions of this Ordinance shall control regarding High-Energy Intensive Developments. This
repeal shall not affect any pending application, ongoing proceeding, or existing liability accrued
prior to the effective date of this Ordinance.

INTEGRATION & CROSS-REFERENCE GUIDE
Current Ordinance
Location

Insert / Replace
With

Notes

Added "Chemically Treated Water Discharge"
Add §§ 2.1 -- 2.32
§ 2.2 (Definitions)
(§2.31) and "Blowdown" (§2.32). Added "Chemical
(New definitions).
Discharge Plan" to §2.16(k).
§ 4.38 (Special Land Append "(HEID -Cross-reference added.
Uses)
see § 4.1)".
Insert after last
Contains all Use Standards. Added §4.1-B (Phased
New § 4.1 -- 4.11
existing § 4.69.
Authority) and §4.2-17 (Chemical Plan).
Replaced by § 4.10
§ 4.70-L (Old)
Restructured for flow.
& § 4.11.
§ 5.13
Add new § 5.1 -Consolidated environmental provisions. Added §5.1(Environmental)
5.6.
F (Chemical Discharge).
Replace with § 6.1 Streamlined procedure. Added Phase Advancement
§ 6.4 (Review)
& § 6.2.
Review and Chemical Verification steps.
Insert New Article Consolidated all bonds/escrows. Added Chemical
New Article 6.5
6.5.
Discharge Bond (§6.5-B) and Release Conditions.
Categorized by severity. Added "Chemical
§ 7.11 (Penalties)
Replace with § 7.1.
Discharge Violation".
Consolidated reporting/registry. Added Chemical
New § 7.2
Insert New § 7.2.
Discharge Data and Reports.
Insert New Article Moved Severability, Variances, Repealer. Added
New Article 8
8.
Phasing and Chemical Variances.
17
37

Current Ordinance
Location

Insert / Replace
With

§ 7.9 (ZBA)

Updated to § 7.3.

Aligned with new structure. Added Phasing and
Chemical Discharge Appeals.

Existing Ordinances

New § 8.13
(Repealer).

Repeals conflicting provisions.

Notes

EXHIBITS
Exhibit A -- HEID Review Checklist
Item
Electrical Load &
Upgrade Cost
Water Demand &
Sewer Capacity
Noise Prediction
Light-Pollution
Control
Renewable-Energy
Offset

Document Required

Noise-Impact Assessment (§ 4.2-5)

Reviewer
Township Engineer &
Utility Liaison
Sanitary Engineer /
Health Dept.
Acoustical Engineer

Lighting-Control Plan (§ 4.2-6)

Lighting Specialist

Proof of REO (§ 2.3)

Energy Specialist

Detailed Electrical Impact Report (§ 4.2-2)
Water-Use Impact Study (§ 4.2-4)

Electrical, Water, Job Density, SCRM, Advanced
Tech, Decommissioning, Groundwater, Water
Treasurer's Office
Performance Bonds
Security, Carbon Fee, E-Waste, Chemical
Discharge Bonds (§ 6.5)
Mitigation &
MP (§ 5.1)
Engineer
Storm-Water Plan
Cumulative Energy
CEL calculation (§ 4.5)
Planning Engineer
Load Analysis
Job Density
Job Density Compliance Plan (§ 4.7)
Planning Commission
Compliance
Cybersecurity
Supply Chain Risk
SCRM Plan (§ 4.8)
Specialist & Township
Management
Engineer
Alternative Power
Independent Energy
Generation
APGA (§ 4.9)
Consultant &
Analysis
Township Engineer
Power Generation
Township Engineer &
& Cooling
Compliance with § 4.10 (Hydrocarbon/Cooling)
Fire Marshal
Standards
Siting & Setbacks Siting Compliance Plan (§ 4.6)
Planning Commission
18
38

Item
Document Required
Waste-Management
Waste-Management Plan (§ 2.9)
Plan
PUE Disclosure
PUE Calculation & Benchmark Plan (§ 5.1)
Generator RunGenerator Log & Testing Schedule (§ 4.10)
Hour Tracking
Groundwater
Dewatering Plan & Baseline Monitoring (§ 5.2)
Impact Study
GHG Emissions
GHG Reporting Plan (§ 5.3)
Reporting
Carbon Impact Fee
Carbon Fee Documentation (§ 5.4)
Calculation
E-Waste
EWMP (§ 5.6)
Management Plan
On-Site Renewable
Renewable Energy Plan (§ 4.11)
Energy Plan
Emergency
Emergency Notification & Run-Hour Logs (§
Activation Logging 4.10)
Public Notice &
Draft notice & online entry
Registry Entry
Phased
Phased Construction Plan (§ 4.2-16)
Construction Plan
Phase 1 Certificate Verification of Phase 1 compliance before Phase
of Completion
2 approval
Chemical Discharge
CDMP with SDS, discharge limits, and
Management Plan
treatment methods (§ 4.2-17)
(CDMP)
Chemical Discharge Quarterly test results and verification of
Compliance
compliance (§ 5.1-F)

Reviewer
Environmental
Consultant
Energy Specialist
Fire Marshal
Licensed
Hydrogeologist
Environmental
Consultant
Treasurer's Office
Environmental
Consultant
Energy Specialist
Building Official
Planning Dept.
Planning Commission
Building Official &
Planning Commission
Sanitary Engineer &
Environmental
Consultant
Independent Water
Quality Expert

The Planning Commission shall sign off on the checklist before issuing a Letter of
Determination.

EFFECTIVE DATE & ADOPTION PROCEDURE
This amendment shall take effect [X] days after adoption and apply to all new HEID applications
filed after that date.

Implementation Timeline

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39

Step

Action

1

Draft and adopt amendment language (this document)

2

Update Township website, forms, and public-notice templates
Conduct training for Planning Commission, Building Official, and
Utility Liaisons

3
4

Begin accepting HEID applications

5

Publish first HEID Registry entry (if any)

Target Date
30 days after council
vote
60 days post-adoption
90 days post-adoption
120 days postadoption
150 days postadoption

CONCLUSION
The foregoing amendment creates a coherent, enforceable set of rules that:
1. Identify high-energy-intensive developments with clear size classes and disclosure
requirements.
2. Require rigorous energy-impact analysis, utility-capacity verification, and renewableenergy offsets.
3. Secure financial guarantees to fund required infrastructure upgrades.
4. Mandate minimum job density (10 jobs per MW) to ensure local economic benefits.
5. Require Supply Chain Risk Management (SCRM) plans to prevent facility abandonment
due to hardware shortages or vendor failures.
6. Require Alternative Power Generation Analysis (APGA) including evaluation of latest
energy technologies (SOFC, hydrogen, advanced nuclear, etc.) by qualified energy
consultants and engineers before permit approval.
7. Prohibit wet/evaporative cooling and continuous hydrocarbon generation.
8. Include comprehensive infrasound protections (1-20 Hz, dB(G) measurement).
9. Address disposal, abandonment, high/low-frequency noise, and light-pollution concerns.
10. Include MCL 125.3504(3) standards-based approval rule for Special Land Uses.
11. Include legal defensibility enhancements to withstand judicial scrutiny (Severability,
Preemption, Takings safeguards).
12. Preserve the health, safety, environmental quality, and character of Washington
Township for current and future residents.
13. Protect residents during construction phase with groundwater monitoring, dewatering
limits, and restitution protocols (§ 5.2).
14. Require applicant-funded independent expert verification to ensure technical accuracy (§
6.2).
15. Establish strict emergency generator controls with notification, caps, and community
remedies (§ 4.10).
16. Implement on-site renewable energy requirements to prevent remote REC/VPPA
loopholes (§ 4.11).
17. Establish climate accountability through GHG reporting and Local Environmental
Mitigation Impact Fee (§ 5.3, § 5.4).
20
40

18. Mandate e-waste management with NIST SP 800-88 data destruction standards (§ 5.6).
19. Authorize phased development to verify infrastructure and environmental compliance
before expanding site footprint (§ 4.1-B).
20. Establish strict controls on chemically treated water discharge, including prohibited
substances, mandatory treatment, and quarterly monitoring (§ 5.1-F).
21. Repeal conflicting provisions to ensure legal clarity and uniformity (§ 8.13).
Adoption of this amendment will place Washington Township on a solid legal footing to manage
the growing demand for data-center-type facilities while safeguarding community interests,
protecting local water infrastructure, and ensuring thorough evaluation of emerging clean energy
technologies.

APPENDIX A: KEY LEGAL PRECEDENTS
Case
Village of Euclid v. Ambler
Realty Co.
Nollan v. California Coastal
Commission
Dolan v. City of Tigard

Citation

Relevance
Police power authority for zoning
272 U.S. 365 (1926)
regulations.
Rational nexus requirement for
483 U.S. 825 (1987)
exactions.
Rough proportionality test for
512 U.S. 374 (1994)
development conditions.

Penn Central Transportation Co.
438 U.S. 104 (1978) Regulatory takings analysis framework.
v. New York City
Michigan Zoning
Standards-based approval rule ("shall be
MCL 125.3504(3)
Enabling Act
approved if compliant").

APPENDIX B: SUMMARY STATISTICS
Category
Existing Sections
Modified
New Substantive Sections

Count
6
13 (Added Phased Development Authority & Chemical Discharge
Control)

Legal Defensibility
13
Sections
Total New Sections
26
Added
Total Document Sections 33 (including Implementation Timeline)

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SECTION 40- 11.50: High Resource Demand Facilities

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A. Purpose and Intent
The purpose of this ordinance is to establish a regulatory framework for siting, design, operation,
and decommissioning of High Resource Demand Facilities, which include Data Centers and Data
Processing Centers, in order to balance local economic benefits with protection of public health,
safety, welfare, natural resources, and neighborhood character. Standards are intended to:
1. Direct High Resource Demand Facilities to locations with existing and adequate
infrastructure, redevelopment and infill of existing sites, and minimal land-use conflicts;
2. Avoid and mitigate nuisance impacts (noise, vibration, light/glare, air emissions);
3. Ensure efficient use of electricity and water, prioritizing renewable energy and
conservation;
4. Promote context-appropriate architecture and robust screening;
5. Ensure compatibility with adjacent land uses and the Township’s Master Plan; and
6. Ensure responsible decommissioning and site restoration.

D

B. Applicability
1. This section applies to High Resources Demand Facilities, Data Center and Data
Processing Center uses, including Large-Scale, Small-Scale, and Accessory as defined
herein.
2. High Resources Demand Facilities, Data Center and Data Processing Center uses,
including Large-Scale, Small-Scale are not permitted as a principal use unless approved
as a Planned Unit Development for the purpose of a High Resources Demand Facilities,
Data Center and Data Processing Center and adopted through the PUD process set forth
in Article 6.
3. Approval is contingent upon the applicant demonstrating conformance to the
requirements of this ordinance and other standards of the Zoning Ordinance.
4. Where conflicts exist between this section and other provisions, this section governs.
Where silent, other applicable provisions apply (e.g., lighting, landscaping, stormwater,
and performance standards).
C. Definitions
1. High Resource Demand Facility (HRDF): A principal nonresidential facility, campus, or
group of buildings under common ownership or control that is characterized by (i)
continuous or near-continuous operation, and (ii) significant mechanical, electrical, or
cooling infrastructure, and that meets the applicability criteria in subsections (A) and (B)
below.

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A facility shall be considered an HRDF only when the criteria of both A and B below are
met:
A. Operational Characteristics. The facility includes one or more of the following
operational characteristics that are integral to the primary use:
1. Central plant or large-scale mechanical cooling and/or ventilation
systems serving process loads or IT/electronic equipment;
2. On-site emergency generation with an aggregate nameplate capacity
exceeding 2,000 kW or 2 MW, and/or on-site fuel storage exceeding
10,000 gallons;
3. Dedicated electrical transformation/switchgear yard, substation, or
similarly intensive electrical infrastructure primarily serving the facility;
4. 24-hour operations and/or operational necessity requiring uninterrupted
environmental control (temperature/humidity) or high-reliability power
systems.
B. Resource/Infrastructure Thresholds. The facility exceeds one or more of the
following thresholds, as demonstrated by applicant-prepared estimates and
utility/service provider documentation, including any phased expansion
approved or constructed within five (5) years:
1. Water demand: average daily water demand > 100 gpm;
2. Sanitary sewer: average daily sanitary discharge > 50,000 gallons/day;
3. Electric demand: maximum contracted demand or designed peak
demand > 10 MW (or equivalent documented kW);
4. Hazardous materials / regulated wastes: storage, use, or generation
requiring reporting under [EPCRA Tier II and/or applicable state
hazardous materials reporting] and/or generation of hazardous waste at
a level regulated under [state/federal hazardous waste generator
requirements], as documented on a materials inventory submitted with
the application.

D

Exclusions. HRDF does not include general warehousing/distribution, general
manufacturing, or office uses unless the Zoning Administrator determines, based on
operational characteristics and supporting documentation, that the facility is
substantially similar in operational profile to HRDF-type facilities (e.g., high-reliability
power demand and continuous environmental control serving electronic/process loads)
and meets subsections (A) and (B).
Aggregation. Multiple buildings, modules, or phases located on the same site or on
contiguous parcels under common ownership or control shall be aggregated for
purposes of determining HRDF status and whether thresholds are exceeded.
Relationship to Data Centers. A Data Center or Data Processing Center that meets the
HRDF definition shall be considered an HRDF and shall comply with all applicable HRDF
supplemental standards.
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2. Data Center: A facility used for the centralized storage, management, processing, and
transmission of digital information, typically containing computer servers, data storage
systems, telecommunications equipment, power distribution systems, cooling and
ventilation systems, uninterruptible power supplies, backup generators, and associated
support infrastructure. The term includes colocation centers, cloud-computing facilities,
hyperscale computing facilities, and similar high-intensity information technology
operations. The term does not include small server rooms, IT closets, or similar
equipment rooms that are clearly accessory and subordinate to another lawful principal
use.
3. Data Processing Center: A building or portion of a building used primarily for the
manipulation, analysis, computation, or transformation of digital information through
computer hardware or specialized equipment. A Data Processing Center may include
servers or digital processing equipment, but is typically of smaller scale or lower
intensity than a Data Center and may involve office or administrative functions
associated with data manipulation. The term does not include general business offices
or accessory server rooms subordinate to a principal use.
4. Large-Scale Data Center and Data Processing Center: A center equal or greater than
25,000 sq ft gross floor area or located on a site greater than 10 acres.
5. Small-Scale Data Center and Data Processing Center: A center less than 25,000 sq ft,
often serving local or regional networks.
6. Accessory Data Center and Data Processing Center: A center that is clearly incidental
and subordinate to a principal use (e.g., hospital, university, large employer) and less
than 10,000 sq ft.
7. Battery Energy Storage System (BESS). One or more electrochemical energy storage
containers, inverters, switchgear, and associated equipment, which may be co-located
with a High Resource Demand Facility to provide resiliency or load management.
8. On-site Substation/Switchyard. Electric utility facilities (e.g., transformers, breakers)
necessary to serve a data center.

D

D. Districts Permitted and Process
1. Districts
a) High Resource Demand Facility: allowed in I – Industrial only. Prohibited
elsewhere.
b) Large-Scale Data Centers and Data Processing Centers: allowed in I – Industrial
only. Prohibited elsewhere.
c) Small-Scale Data Centers and Data Processing Centers: allowed in I – Industrial
and BD – Business District. Prohibited elsewhere.
d) Accessory Data Centers and Data Processing Centers: allowed as a Conditional
Land Use accessory to an approved principal use in the I, Industrial, BD, Business
District, C-2 – Regional Commercial Corridor, and PF – Public Facility districts.
Prohibited elsewhere.
2. Process

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a) The Planning Commission shall hold a public hearing as set forth in 3.05 and
make a recommendation to the Township Board.
b) The Township Board, upon a recommendation from the Planning Commission,
shall approve site plan and conditional use.

E. Required Engagement Steps (minimum standards)

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1. Pre-application conference (mandatory)
a) Applicants shall meet with planning staff prior to submitting an application.
b) Staff shall identify expected engagement topics, impacted stakeholders, and the
required contents of the Community Engagement Plan.
2. Community Engagement Plan (CEP) (required with application)
a) A CEP shall be submitted as part of the application package and must include:
o Project overview (site, size, phasing, anticipated construction
timeline);
o Draft public information materials (fact sheet, FAQs);
o Engagement schedule and methods;
o Proposed meeting formats and locations (including virtual option);
o List/map of stakeholders and the Engagement Area;
o Languages and accessibility accommodations;
o Communication channels (project website, email list, hotline);
o Process for documenting comments and responses; and
o Proposed Risk Mitigation
b) The Zoning Administrator shall determine whether the CEP is complete prior
to scheduling public hearings.

D

3. Neighborhood meeting(s) (mandatory, prior to first public hearing)
a) The applicant shall hold at least one neighborhood meeting no fewer than 21 days
and no more than 60 days prior to the first public hearing.
b) Notice shall be given to all property owners and addresses (if different) within 500
feet of the proposed project site. If a property is within 500 feet and is part of a
subdivision, homeowners, or business owners association, all members of the
association shall be notified.
c) Additional neighborhood meetings may be required if:
o There are significant amendments, based upon determination of the Zoning
Administrator, to the plan between Planning Commission or Township Board
reviews; or
o The Planning Commission or Township Board directs additional engagement
due to public interest.
d) Meeting requirements:
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o
o
o
o

Held at a location within Pittsfield Township that is ADA-accessible, and
available after 5:00 p.m. on a weekday or on a weekend;
Virtual participation option must be provided;
Applicant must provide interpreters upon request with at least 7 days notice;
and
Meeting must include a Q&A segment and accept written comments.

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4. Report
a) After each neighborhood meeting, the applicant shall submit a report to the
Township providing at a minimum, the following meeting details:
1. Meeting details (location, time, etc)
2. Meeting sign in sheet
3. Meeting minutes

D

F. Dimensional Standards
1. Minimum Lot Area:
a) High Resource Demand Facility: 10 acres
b) Large-Scale: 10 acres
c) Small-Scale and Accessory: 2 acres.
2. Maximum Building Height: 45 feet / 3 stories
3. Maximum Lot Coverage: 60%.
4. Minimum Setbacks:
a) High Resource Demand Facility: 400 feet from any residentially used or zoned
property, primary/secondary school, medical clinic, park, day-care center and
preschool, hospital or medical center. 200 feet from all other property lines.
b) Large-Scale: 400 feet from any residentially used or zoned property,
primary/secondary school, medical clinic, park, day-care center and preschool,
hospital or medical center. 200 feet from all property lines.
c) Small-Scale and Accessory: 100 feet from any residentially used or zoned
property, primary/secondary school, medical clinic, park, day-care center and
preschool, hospital or medical center. 75 feet from all property lines.
5. Greenbelt:
a) A minimum 50-foot landscaped greenbelt shall be provided along all property
lines. The greenbelt shall include an opaque screen meeting Landscape
Screening Type A.
6. Siting:
a) A High Resource Demand Facility, including but not limited to a Large Scale Data
Center, shall not be located on any parcel that is within 500 feet of any
residential zoned or used property, primary/secondary school, medical clinic,
park, day-care center and preschool, hospital or medical center.
G. Site and Design Standards
1. Architecture & Façade Articulation
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a) Massing and Scale
1. Building massing, height, bulk, scale, and proportion shall maintain
consistency with the existing character of the adjacent buildings.
2. Building design should employ coordinated massing to produce overall unity,
scale, and interest.
3. Rooflines and pitches shall be proportionate to nearby structures so as to
provide transition or mitigation of significant changes to scale.
b) Architectural design and building materials.
1. Facade variation. Wall designs must provide a minimum of three of the
following elements, in addition to transparency requirements, occurring at
intervals no greater than 25 feet horizontally and 10 feet vertically:
a. Expression of structural system and infill panels through change in
plane not less than three inches.
b. System of horizontal and vertical scaling elements, such as: belt course,
string courses, cornice, pilasters.
c. System of horizontal and vertical reveals not less than one inch in
width/depth.
d. Variations in material module, pattern, and/or color.
e. System of integrated architectural ornamentation.
f. Green screen or planter walls.
g. Translucent, fritted, patterned, or colored glazing.
h. Transparency as required in Section 40-11.50(F)(2)(b).
2. Architectural style shall not be restricted. Rather, evaluation of the
appearance of a project shall be based upon compatibility and the quality of
its design and relationship to surroundings.
3. Buildings within the same development should be designed to provide a
unified and easily identifiable image. Methods to achieve this include using
similar architectural styles and materials, complementary roof forms, signs,
and colors.
4. Minimize monotony of expansive exterior walls by incorporating the
following elements: staggering of vertical walls; recessing openings; providing
upper-level roof overhangs; using deep score lines at construction joints;
contrasting compatible building materials; use of variety and rhythm of
window and door openings; use of horizontal and vertical architectural
elements, use of horizontal bands of compatible colors; and providing
changes in roof shape or roofline.
5. Facades shall provide visual interest from both vehicular and pedestrian
viewpoints.
6. Entrances to individual buildings shall be readily identifiable to visitors
through the use of recesses or pop-outs, roof elements, columns, or other
architectural elements.
c) Material standards.
1. Durable building materials, simple configurations, and solid craftsmanship
are required. At least 75% of walls visible from public streets, exclusive of wall
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areas devoted to meeting transparency requirements, shall be constructed of
brick, glass, metal (beams, lintels, trim elements, and ornamentation only),
wood lap, stucco, split-faced block, or stone. Vinyl or aluminum siding shall
only be used for accents. Exterior Insulation Finishing Systems (E.I.F.S.) or
similar material is not permitted as a primary building material.
2. Materials shall be selected for suitability to the type of buildings and the
architectural design in which they are used.
3. Material selection shall be consistent with architectural style in terms of
color, shades, and texture; however, monotony shall be avoided.
4. Materials shall be consistent with adjoining buildings.
5. Buildings shall have the same materials, or those that are architecturally
compatible, for construction of all building walls and other exterior building
components wholly or partly visible from public ways and public parking lots.
6. In any design in which the structural frame is exposed to view, the structural
materials shall be compatible within themselves and harmonious with their
surroundings.
7. Transitional features.
a. Transitional features are architectural elements, site features, or
alterations to building massing that are used to provide a transition
between higher-intensity uses and low- or moderate-density
residential areas. These features assist in mitigating potential conflicts
between those uses. Transitional features are intended to be used in
combination with landscape buffers or large setbacks.
b. Intensity. A continuum of use intensity, where moderate-intensity uses
are sited between high-intensity uses and low-intensity uses, shall be
developed for multibuilding developments. An example would be an
office use between commercial and residential uses.
c. Height and mass. Building height and mass in the form of building stepbacks, recess lines or other techniques shall be graduated so that
structures with higher-intensity uses are comparable in scale with
adjacent structures of lower-intensity uses.
d. Architectural features. Similarly sized and patterned architectural
features, such as windows, doors, arcades, pilasters, cornices, wall
offsets, building materials, and other building articulations included on
the lower-intensity use shall be incorporated in the transitional
features.
2. Mechanical, Loading, and Rooftop Equipment
a) Mechanical equipment shall be fully enclosed unless where mechanically
unfeasible based on manufacturers’ specifications.
b) If located outside of a building, all mechanical equipment (HVAC, generators,
cooling towers, transformers) shall be fully screened by architecturally
compatible walls/panels.
c) Rooftop equipment shall be screened by a parapet wall, equipment penthouse,
or visually solid screen on all four sides. Rooftop equipment that is visible above
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the parapet wall shall be set back from the exterior or parapet wall at a distance
no less than the height of said equipment.

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d) Service/loading areas shall be oriented away from residential districts where
feasible and screened per Section 13.
3. Lighting
a) Security and area lighting shall comply with the Lighting Ordinance: full cut-off
fixtures, down-directed, and shielded to prevent glare and light trespass beyond
property lines.
b) Maximum maintained illuminance at the property line shall not exceed 0.5
foot-candles adjacent to residential and 1.0 foot-candle elsewhere
4. Landscaping & Buffers
a) Provide required greenbelts and landscape screening per Section 13. Where
abutting residential, a minimum Type A opaque buffer (e.g., berm/wall plus
evergreens) within the setback is required.
b) Parking lots shall meet interior landscaping ratios; heat-island mitigation via
shade trees is required
5. Stormwater and Wastewater
a) Stormwater.
1. On-site detention and water-quality treatment are required per the
Washtenaw County Water Resources Commissioner (WCWRC). Designs
shall address potential thermal impacts from large roof/pavement areas
and condenser discharge.
b) Withdrawals/Discharge.
1. Any large quantity water withdrawal or discharge shall comply with
applicable state and county permits. Approval by the Township shall be
contingent upon written confirmation from the applicable utility and
regulatory agencies that the proposed withdrawal or discharge will not
adversely impact existing users, system capacity, groundwater resources,
or downstream infrastructure.
2. Township approval shall be conditioned upon a finding that the proposed
withdrawal or discharge:
a. will not exceed available system or aquifer capacity at full build-out;

D

b. will not displace or impair existing or reasonably foreseeable
users;
c. will not require public investment or system expansion to serve
the facility; and
d. will not result in stranded or oversized infrastructure in the event
of facility closure or decommissioning.
6. Traffic and Construction Management
a) A Construction Logistics and Traffic Management Plan is required, identifying
haul routes, delivery windows, worker parking, and dust/mud control.

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b) Construction hours shall be limited to 7:00 a.m.–7:00 p.m. Monday–Saturday
unless otherwise approved.

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H. Performance Standards
1. Noise and Vibration
a) Noise Limit. Routine operations (including cooling equipment) shall not exceed
50 dBA Leq at the property line. Nighttime (10 p.m.–7 a.m.) limits adjacent to
residential shall be no greater than 40 dBA Leq. In addition, the development
shall comply with all requirements of 14.02. Noise.
b) Generator Testing. Routine testing shall only occur between 8:00 a.m.–6:00 p.m.
weekdays. Testing shall comply with the noise limits as set forth in Section
11.50.H.1
c) Measurement Protocol. Compliance shall be demonstrated via pre- and
post-occupancy sound studies by a qualified acoustical engineer. Noise
measurements or predictions should be adjusted for special sound characteristics
consistent with ANSI/ASA S12.9 methods, including a +5 dB adjustment for prominent
discrete tones and applicable adjustments for impulsive noise. The adjusted sound level
should be used for compliance evaluation.

D

d) Vibration. Operations shall not cause perceptible vibration at the property line
per ANSI/ISO criteria.
2. Air Quality and Emissions
a) All stationary engines, cooling towers, and emission sources shall comply with
the federal Clean Air Act and the Michigan Department of Great Lakes and
Energy (“EGLE”) rules. Required Air Use Permits to Install (PTI) must be obtained
and kept current.
b) Generators. New generators shall meet EPA Tier 4 Final standards. Dispersion
modeling may be required when generators are placed within 500 feet of
residential, schools, parks, or hospitals.
c) Cooling Towers. Cooling towers shall include drift eliminators and be managed to
prevent particulate emissions or microbial contamination.
d) Thermal Emissions. The facility shall be designed and operated so that thermal
emissions do not cause a sustained increase in ambient air temperature at any
property line beyond the limits below, measured at 5 feet above grade:
1. Residential or mixed-use property line: not more than +2°F above
ambient background, averaged over any 15-minute period.
2. Nonresidential property line: not more than +4°F above ambient
background, averaged over any 15-minute period.
3. No thermal emission shall create unsafe conditions on sidewalks, trails,
roadways, or public spaces due to icing, fogging, or thermal plume
interaction with winter conditions.
3. Energy and Sustainability
a) Efficiency Target. Applicants shall design for PUE of 1.2 or lower, or demonstrate
the highest efficiency reasonably achievable given site constraints;

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documentation shall be provided at the time for Site Plan review and
post-occupancy.
b) Renewable Energy. The applicant shall demonstrate that on-site renewable
energy generation will meet at least 90 percent of the project’s projected annual
energy demand. If the applicant demonstrates, to the Township’s satisfaction,
that this standard cannot reasonably be achieved through on-site generation
alone, the Township may approve compliance through a combination of power
purchase agreements, renewable energy credits, or utility green power
programs. Any approved renewable energy source or procurement method shall
not include nuclear energy.
c) Heat Reuse. Applicant shall provide a feasibility analysis for waste-heat recovery
or district-energy interconnection.
d) Reporting. See Section I for annual reporting requirements.
e) Water Conservation.
1. Cooling shall be designed as a closed-loop / closed-cycle system with no
routine discharge of noncontact cooling water to the sanitary
sewer/POTW or to surface waters, in order to comply with applicable
local sewer use ordinances (including prohibitions/limitations on
noncontact cooling water and heat to the POTW) and EGLE
discharge/withdrawal permitting requirements (including NPDES
authorization and Michigan Water Quality Standards, and large-quantity
withdrawal registration/review where applicable
f) Security and Emergency Access
1. Perimeter Security.
a. Sites shall be fully enclosed with a perimeter security system,
which may include fencing, walls, or equivalent barriers not less
than eight (8) feet in height.
b. Security barriers shall be designed to balance safety with
community character; opaque fencing must be screened with
landscaping where visible from public roads or residential areas.
2. Access Control.
a. All site entrances shall include controlled access gates, guard
stations, or equivalent security technology to prevent
unauthorized entry.
b. Visitor and delivery access points must be separated from
employee access points wherever feasible.
3. Emergency Access.
a. A minimum of two (2) points of emergency vehicle access shall be
provided, with clear signage and unobstructed pathways around
the building.
b. Access drives shall be constructed to fire department standards,
with sufficient load-bearing capacity for emergency apparatus.
c. Fire lanes shall be maintained free of obstructions.
4. Cameras.
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a. Installation and maintenance of a perimeter camera surveillance
system capable of monitoring all vehicular and pedestrian access
points, building entrances, and outdoor mechanical/equipment
areas is required.
b. Cameras shall be positioned to minimize intrusion into adjoining
residential properties and public rights-of-way, while still
providing full coverage of the site.
c. Camera systems shall be continuously operational (24 hours per
day, 7 days per week) and recordings shall be retained for a
minimum of 30 days.
d. A security plan, including camera layout, monitoring procedures,
and data retention policies, shall be submitted as part of site plan
review.
5. Fire Protection.
a. Sites shall be equipped with an automatic fire detection and
suppression system designed to protect both building occupants
and sensitive equipment.
b. Suppression systems shall comply with National Fire Protection
Association (NFPA) standards and be approved by the Fire
Marshal.
6. Hazardous Materials.
a. Any use of hazardous materials (including fuels for backup
generators, batteries, and chemicals for cooling systems) shall
comply with federal, state, and local storage, reporting, and
disposal requirements.
b. Applicants shall provide a Hazardous Materials Management Plan
identifying on-site materials, storage methods, spill prevention
measures, and emergency response procedures.
c. Applicant shall provide a fire protection plan.
7. Emergency Response Plan. Applicants shall submit an Emergency
Response Plan to the Township at the time of Site Plan review, which
must include:
a. Site layout for emergency responders.
b. Fire suppression and alarm systems description.
c. Backup generator location and fuel storage details.
d. Contact information for on-site security and facility management.
Operators shall provide annual training opportunities or site orientations
to local fire, police, and emergency medical services.

4. Battery Energy Storage Systems (if provided)
a) Battery Energy Storage Systems (BESS) shall be an accessory component to the
principal use of the property.

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b) BESS shall comply with NFPA 855, the Michigan Building/Fire Codes, and
manufacturer’s specifications.
c) Setbacks. Outdoor BESS containers shall be set back a minimum of 100 feet from
property lines and 300 feet from residential districts/uses, unless a greater
distance is required by NFPA 855 based on technology and aggregate capacity.
d) Protection. Applicant shall provide: vehicle impact protection, fire-rated
separation where required, gas detection, ventilation, and emergency shut-offs.
e) Applicant shall include a BESS-specific emergency response plan and data sheet
package.
5. On-Site Substation/Switchyard (if provided)
a) Shall be located to minimize visual and noise impacts; and shall provide
evergreen screening and security fencing consistent with utility standards.
b) Transformers shall include integral secondary containment sized per state rules.

I. Use of Consultants and Cost Recovery

1. The Township may retain qualified consultants to review energy efficiency, water use,
air quality, BESS safety, renewable energy, stormwater, and related matters.
2. All reasonable costs for these reviews shall be escrowed by the applicant.

D

J. Monitoring and Reporting
1. Commissioning Documentation: Prior to Certificate of Occupancy, Applicant shall submit
commissioning results for mechanical/electrical systems and acoustical compliance.
2. An Annual Report (by March 31) is required and shall include:
a) Actual annual energy consumption (MWh) and calculated PUE;
b) Renewable energy procurement and percentage of total load;
c) Water usage (gallons) and cooling method;
d) Generator testing/operating hours and emissions compliance statement with
current EGLE permits;
e) Sound level monitoring summary; and
f) Summary of efficiency/cooling/security upgrades implemented.
3. Failure to monitor and report may be grounds to revote any Township approvals.
K. Decommissioning
1. Plan Required. As a condition of Conditional Land Use and Site Plan approval, the
applicant shall submit a Decommissioning and Site Restoration Plan that address:
a) Triggers for decommissioning.
b) Methods for removal of structures, equipment, utilities, and impervious
surfaces.
c) Recycling and disposal of equipment and hazardous materials.
d) Final grading, soil stabilization, and revegetation.
e) Restoration of the site to a condition compatible with surrounding uses.
2. Triggers for Decommissioning

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3.

a) A center shall be considered abandoned if it ceases operations for a period of 12
consecutive months, unless the owner provides evidence of intent to resume
operations.
b) Decommissioning must begin within 6 months of abandonment and be
completed within 12 months of abandonment.
Financial Guarantee
a) Prior to obtaining a building permit, the applicant shall post a financial guarantee
in the form of a letter of credit, bond, or escrow account acceptable to the
Township.
b) The obligation to provide and maintain a financial guarantee is a continuing
covenant that runs with the land and binds the owner, applicant, operator (if
different), and all successors and assigns. No sale, conveyance, assignment,
foreclosure, lease, or other transfer of any interest in the property shall impair or
release the obligation to maintain the financial guarantee. The Township shall
not release any financial guarantee unless the Township has confirmed in writing
that the obligations secured thereby have been fully performed or that an
acceptable substitute financial guarantee has been provided. The amount of the
financial guarantee shall equal 150% of the estimated decommissioning cost, as
determined by a qualified engineer and approved by the Township.
c) Estimates for the cost of decommissioning must be updated every 5 years and
adjusted for inflation. The Township may request additional financial guarantees
based on the change in estimated cost.
Removal Standards
a) All above-ground structures, including buildings, mechanical equipment, cooling
towers, security fencing, and pavement not otherwise serving a reuse, shall be
removed.
b) Below-ground infrastructure, such as foundations and utilities, shall be removed
to a minimum depth of 36 inches below grade unless otherwise approved.
c) Materials shall be recycled to the maximum extent practicable.
Site Restoration
a) The site shall be restored with topsoil, seeded or planted with native vegetation,
and stabilized to prevent erosion.
b) The Township may approve alternate restoration plans if the site is proposed for
redevelopment consistent with the Master Plan and zoning ordinance.
Failure to Decommission
a) If the owner fails to complete decommissioning in accordance with the approved
plan, the Township may draw upon the financial guarantee to complete the
work.
b) The Township reserves the right to seek recovery of any costs incurred in excess
of the financial guarantee collected.

4.

D

5.

6.

L. Risk Mitigation
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1. Purpose and intent
a) High Resource Demand Facility (HRDF) and Data Centers can generate
community impacts and service demands related to energy consumption, water
use, stormwater, noise, traffic/road wear, visual impacts and aesthetics, public
safety coordination, and long-term site management.
b) The purpose of this Section is to require a Risk Mitigation Plan for High Resource
Demand Facility (HRDF) and Data Centers that:
1. Mitigates impacts that are reasonably attributable to the facility;
2. Provides transparent, measurable commitments that support Township
goals; and
3. Establishes clear enforcement and reporting mechanisms.
2. Applicability
A Risk Mitigation Plan is required for any new High Resource Demand Facility (HRDF) or
Data Center or expansion that meets one or more of the following thresholds:
a) Gross floor area of 10,000 square feet or more;
b) IT load of 10 MW or more (nameplate/critical IT load); or

3. Plan Submittal Timing
a) The applicant shall submit the Risk Mitigation Plan concurrently with the Site
Plan and Conditional Use application.
b) The Planning Commission may deem an application incomplete until the Plan is
provided in a form sufficient to evaluate compliance with this Section.
4. Required contents of the Risk Mitigation Plan

The Risk Mitigation Plan shall include, at minimum:

D

a) Project overview. Site plan summary; construction phasing; expected operational
date; anticipated employment (construction and permanent); and a description of
on-site infrastructure (including electrical and water systems as applicable).
b) Impact analysis. A concise, plain-language description of expected impacts on:
1. public utilities and infrastructure (electric, water, sewer as applicable);
2. stormwater and groundwater protection;
3. traffic and roadway wear (construction and operations);
4. noise, lighting, and hours/character of operations;
5. public safety coordination (fire, EMS, police); and
6. long-term site management and decommissioning (if applicable).

5. Risk mitigation commitments. The applicant shall provide commitments meeting all
baseline requirements in subsection 6.. Each commitment must include:
a) a measurable deliverable (e.g., dollar amount, number of trainees, percentage,
kWh, gallons, acres, etc.);
b) a timeline/milestones;
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c) the responsible party
d) reporting method; and
e) proposed remedies if the commitment is not met.
6. Requirements
As a condition of approval, the applicant shall commit to the following requirements, in
a form acceptable to the Township:

D

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a) Local workforce and procurement.
1. Good-faith local hiring and contracting plan, including outreach to
Washtenaw-area unions/trades, community colleges, and workforce
programs; and
2. Annual reporting of construction hours and permanent jobs by residency
(to the extent permitted by law) and contracting spend by geography.
b) Public safety coordination and preparedness.
1. Pre-occupancy coordination meeting(s) with Township fire/EMS and code
officials;
2. Facility emergency response information provided to Township (site
contact list, shutoffs, hazard inventory, access plan); and
c) Environmental performance.
1. A water stewardship plan (efficiency, leak detection, and, if applicable,
reuse/recycling strategies);
2. A noise and lighting management plan demonstrating ongoing
compliance and complaint response procedures; and
3. A sustainability/energy plan describing how the facility will minimize
emissions and peak-load impacts (e.g., efficiency measures, demand
response participation, renewable procurement strategy), to the extent
within the applicant’s control.
d) Community access and transparency. Public-facing reporting dashboard;
community advisory meetings during construction; neighborhood hotline with
response times; third-party audits of key metrics (energy, water) where feasible.
e) Infrastructure improvements. Roadway, non-motorized, transit, or signal improvements
proportionate to traffic and construction impacts; utility upgrades directly serving or
mitigating impacts;
f) Environmental enhancements. On-site habitat restoration, tree canopy targets, native
landscaping, green infrastructure, carbon reduction commitments, or renewable energy
support.
7. Review standards and findings
a) The Township Board shall approve, approve with conditions, or deny the application
based on whether the Risk Mitigation Plan:
1. Contains all required elements in subsections 4 through 6;
2. Provides clear, measurable commitments;
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3. Demonstrates that commitments are reasonably related to anticipated impacts
and Township objectives; and
4. Includes enforceable mechanisms for implementation and reporting.
b) Approval may include conditions to ensure commitments are proportional and
administratively feasible, consistent with the standards specified in the zoning
ordinance.

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8. Development agreement; security; enforcement
a) Incorporation into approval. All commitments in the approved Risk Mitigation Plan
shall be conditions of approval and shall be incorporated into a Development
Agreement and/or recorded document, as determined by the Township.
b) Annual reporting. The operator shall submit an annual report to the Township
documenting compliance with each commitment for the prior calendar year.
Reports shall be made publicly available except for proprietary or security-sensitive
information.
c) Noncompliance. If the Township determines a material commitment is not being
met, the Township may:
1. Require a corrective action plan with a defined cure period;
2. Draw upon performance security where applicable;
3. Pursue civil remedies authorized by the zoning ordinance; and/or
4. Initiate permit/approval enforcement consistent with the ordinance.

9. Modification

A material modification to an approved Risk Mitigation Plan (e.g., reduction in
deliverables, extended timelines, or removal of a commitment) shall require Township
approval in the same manner as the original Plan, unless the approving body determines
the modification is minor.

M. Standards

The Planning Commission shall determine, and shall provide evidence of its determinations in its
report to the Township Board, that the following standards have been met. Failure to meet any
standard may be grounds for recommendation of denial:

D

1.

a). The Planned Unit Development (PUD) standards set forth in Section 6.02.B

.

SECTION 40- 11.50: High Resource Demand Facilities
Nonresidential Districts Use Table
Commercial

Industrial and
Office Districts

Public
Facility

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Use Category

C-1

C-2

I

BD

PF

Specific Use
Standard
(Article,
Section)

Industrial

High Resource Demand
Facility:

C

40- 11.50

Large-Scale Data Centers and
Data Processing Centers

C

40- 11.50

Small-Scale Data Centers and
Data Processing Centers

C

Accessory Data Centers and
Data Processing Centers

A

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40- 11.50
40- 11.50

D

A

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