Arthur Township Repeals Existing Solar Ordinance

By ANGELA KELLOGG-HENRY

Cleaver Managing Editor

 Over 75 people attended the Monday, Feb. 9 regular meeting of the Arthur Township Board. The majority were township residents concerned about proposed solar projects, in attendance for the public hearing regarding DTE Energy’s application for solar projects in the township.

The township amended its existing zoning ordinance to include an ordinance to provide for Solar Energy Systems and an ordinance to provide for Public Utility Facilities and Wind Energy Conversion Systems in January of 2025.

On May 12, 2025, Arthur Township adopted Ordinance No. 25-26-001, An Ordinance to Impose a Moratorium on the Issuance of Permits, Licenses, or Approvals for, or for Any Construction of, Small Solar Energy Facilities. The moratorium was for one year.

Monday’s meeting began with approval of the agenda with the addition of planning commission appointments. After approval of its January meeting minutes, acceptance of financial reports and approval of township expenses, the board heard from guest speakers. Jack Kleinhardt, county commissioner, and Dan Meihls, township zoning administrator both had no reports citing a quiet time of the year.

Next, Don Read gave a year-end report of the Arthur Township Planning Commission meetings. No surprise that most of the meetings concerned the solar ordinance. Read noted it was a trying year, and that he looked forward to 2026. The planning commission was to meet next Wednesday, Feb. 11. Read said future projects included updating the master plan which dates from 2001.

Twenty-four minutes into the meeting, the board voted to go into closed session to speak with the township’s attorney “for the purpose of discussing material exempt from disclosure by statute, specifically an attorney-client privilege written legal opinion, with the township attorney; and to consult with the township attorney regarding trial or settlement strategy in connection with the pending litigation in DTE Electric Company vs Arthur Township.”

At 8 p.m., the board returned to open session, and opened a public hearing on the DTE special land use permit.

DTE Energy’s project, “Cedar Fields Solar Park” sought special land use permit and site plan approval for the purpose of constructing a solar energy alternative park consisting of 132 fenced acres and 100 acres of solar panels on property located in Arthur Township, Sections 12 and 13.

 Dan Ettinger, representing DTE Energy, declined a presentation during public comment but asked the board to allow them to listen to public comments and respond after public comment to answer questions or address concerns. The board found this acceptable and also offered Ettinger additional time beyond the 3-minute limit permitted other speakers.

 Citizens’ concerns ranged from fire safety, noise (humming), groundwater contamination from lead and cadmium in solar panels, to the peaceful beauty of the township’s farmland being marred by glare and the panels themselves.

Many voiced that solar panels didn’t fit in with the township master plan. Another citizen lamented that his property would essentially be boxed in by the solar project on several sides.

 “We are all here for the same purpose…the DTE people are going to put this mess in and then they are going to hike it back to Grosse Pointe or wherever they are from and who has to live with it?” asked resident Steve Coston. “It’s our families, our heirs, and it’s going to take the enjoyment of living in Arthur Township away from us.”

“Early on we were spied on for 3-9 months before DTE offered their breaking bread with us,” said resident Tim Sharp. “We went from breaking bread with DTE to being FIOA’ed and had a restraining put on us to keep us from having meetings. I would question doing any business with people that started out doing that and to where we are now. Regardless of if you are biased about solar or not do you want to enter an agreement with people who are willing to be that deceitful.”

In response Ettinger, representing DTE Energy, sought to clear up the record on several concerns.

“I haven’t heard a lot new tonight so I just want for the benefit of the public which I think I mentioned this a few meetings ago I understand that the board, planning commission and council had a chance to review all our applications and the materials we provided at some of these meetings,” he said. “I understand some of the public may not have had that chance, so I want to make sure the record is clear on a few things.”

Ettinger cited a sound study that showed compliance with the township’s ordinance. On the waste issue, DTE provided an environmental impact assessment including an opinion from a noted MSU professor who studied at length potential toxicity issues with solar panels and related infrastructure, which stated they are not hazardous to the ground or the water. A glare study was provided showing glare would not be an issue and, if there was, it could be mitigated by landscape or operational controls.

He also mentioned that there are no plans for a battery energy project, also brought up during public comment.

“I believe we are entitled to a decision on our special use permit application and site plan tonight as well and I think we are entitled to an affirmative decision because of the record we have presented, the documents we have presented of the opinion of your own independent third party planner who said we meet all the requirements, the 21 conditions that we were willing to agree to that make sure this project would protect this community,” Ettinger added. He also pointed out the outdated master plan and that solar energy probably wasn’t taken into consideration at that time. “One thing I would say is that you all passed that ordinance with the purpose of meeting the master plan, preserving agriculture uses which we will do as everything we are doing is consistent with MDARD guidelines which are now state law.”

The public hearing was closed, and the next agenda item was the ordinance repealing the solar ordinance.

“I voted no on the solar ordinance in January of 2025, so I don’t think my stance is a secret,” said Matt Bednorek, township supervisor. “The reason I voted no, and I stand by my decision today, is because there is a lot that goes into everything that has happened. The planning commission worked tirelessly and the board worked tirelessly. No matter how much we work, we are a small township, and we are residents ourselves that were elected to do our best to represent you. I will never be an expert on solar, and I will never be able to look at an application from DTE or any other energy company, and pretend that I am going to know the ins and out of that. We elect representatives at the state level to make decision on our behalf, and I believe we should trust in those officials just like you would trust in us.”

He then opened the floor for board discussion.

Jerry Willford, board trustee, pointed out during the township paid thousands of dollars to create the ordinance, and he saw no reason to repeal it.

After further discussion a motion was made by trustee Joy Kleinhardt and seconded by Anna Sharp to repeal the Arthur Township Zoning Ordinance to repeal current Section 8.17.1 (Large-Scale Solar Energy Systems). That motion passed on 4-1, with Willford casting the lone dissenting vote.

The board next approved a motion to table any action on DTE Energy’s application on the “Cedar Fields Solar Park” again in a 4-1 vote, with the lone dissent by Willford.

A budget hearing was scheduled in conjunction with the March 9 regular board meeting. The board concluded township business by reappointing Marty Kleinhardt and Joe Badger to the planning commission.