Pittsfield Township Considers Moratorium on the Approval Data Centers

The Pittsfield Township Board will hold a special meeting Thursday to consider passing a resolution that would institute a temporary moratorium the approval of data centers.

The existing ordinance does not address data centers.

Here is the text from the resolution:

WHEREAS, the Pittsfield Charter Township Zoning Ordinance does not address data centers;
and

WHEREAS, data centers are being proposed in neighboring communities; and

WHEREAS, for the health, safety, and welfare of the residents of Pittsfield Charter Township, and for the protection of its natural resources, it is necessary that portions of the Ordinance be revised and rewritten to regulate data centers and clearly define the parameters for their consideration by the Township; and

WHEREAS, the Pittsfield Charter Township Board has concluded that it is necessary to study and consider proposed amendments to the Zoning Ordinance to ensure a consistent, cohesive, and sensible policy which conforms to the most recent jurisprudence is developed and maintained with regard to data centers and regulation of data centers; and

WHEREAS, the Township Board has concluded that, during the pendency of such consideration, it would be counter-productive for applications relating to data centers to move forward; and

WHEREAS, the Township Board has concluded that, during the course of deliberations on the 
anticipated revisions, there should be a deferral of review of data center applications; and

WHEREAS, the Township Board also recognizes that a delay in the establishment of new development or the expansion of existing development, or the rezoning of property, or the granting of Zoning Compliance Applications or licenses, could result in inconvenience for some applicants; and

WHEREAS, the Township Board has determined that it may be necessary to expedite the pursuit of certain development or business opportunities, and may be appropriate to provide a mechanism allowing a petition to the Township Board for an exception to the deferral contained in this Resolution;

NOW THEREFORE BE IT RESOLVED, that for a period commencing on the date of this Resolution, and terminating 180 days from the date of this Resolution, and except as otherwise provided herein, and unless terminated earlier by subsequent ordinance or resolution, there shall be no consideration or action taken by a Township entity, official, or agent on Zoning Compliance Applications for data centers.

BE IT FURTHER RESOLVED, that no new data centers shall be accepted for review, considered, approved, or otherwise allowed during the moratorium period.

BE IT FURTHER RESOLVED, that the Township Planning Commissioners, along with the Township Planners, the Township Engineers, Township Officials, and Township Attorney, shall proceed with efforts to study the relevant state of the law, and shall present to the Township Board a proposed plan for amending the Zoning Ordinance, or the code of ordinances, or any combination thereof, with respect to applicants for data centers as deemed appropriate.

BE IT FURTHER RESOLVED that during the effective period of the deferral, any aggrieved property owner or business shall be entitled to a hearing for the purpose of attempting to demonstrate to the Township Board that the temporary deferral pronounced in this Resolution will result in the preclusion of any viable economic use of their property, or otherwise violates applicable provisions of State or Federal law. Such hearings shall be conducted on an expedited basis before the Township Board. At the conclusion of the hearing, the Township Board shall make findings and conclusions with respect to whether the Petitioner has demonstrated that all viable economic use of the property has been precluded by the temporary deferment adopted in this Resolution, and whether this Resolution is unconstitutional on its face or as applied to the Petitioner’s case. If it is found and demonstrated that the deferment has the effect of precluding all viable use of the property, or that it violates State or Federal law, the Township Board shall grant relief from the deferment to the degree necessary to cure the contravention.

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