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The Data Center Divide

Brighton Township

This restriction takes precedence while in effect. The rating below excludes temporary restrictions.

Mixed Data Center Policies

Brighton township’s enacted measure pauses new data-center applications for six months, then requires special approval, studies, and strict site and operating rules, making projects harder but not banning them.

Rating from Michigan statewide as there are no scored current or future laws outside temporary restrictions for Brighton Township.

current law · Charter Township of Brighton
Temporarily prohibits new data-center applications in Brighton Township for up to six months while officials review possible rules.Brighton Township Temporary Data Center Moratorium

What this means

The measure would pause new data-center applications for six months, delaying projects, and then require special approval, extensive studies, and strict site and operating rules. It does not ban data centers outright, but the pause and added hurdles would make building or expanding them substantially harder.

Timing

Ends
Six months following adoption, or when amended or new Township ordinances or regulations addressing data centers become effective, whichever occurs first.

The Township Board may extend the moratorium by resolution before it expires.

People behind it

  • Placed the Rolling Ridge Estates rezoning item on the agenda.

  • Petitioner and developer proposing the Rolling Ridge Estates rezoning from B-2 to R-2.

  • Placed the Country Side Estates and Meadow View Hills special-assessment-district resolutions, the interest-waiver resolution, and the filtration-upgrade item on the agenda.

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  • Presented petitions proposing creation of the Country Side Estates road-improvement special assessment district.

  • Presented petitions proposing creation of the Meadow View Hills road-improvement special assessment district.

  • Responsible for conducting and administering road-improvement work for the public-road special assessment districts.

  • Placed the data-center moratorium ordinance on the agenda.

  • Placed the fire-equipment-grant item on the agenda and was designated to submit the application.

  • Initiated the fire-equipment-grant proposal and identified the proposed use of funds.

  • Placed the authorized-prepaids item on the agenda.

  • Administers payments made between Board meetings under the prepaids procedure.

  • Placed the Board of Review appointment item on the agenda and recommended the appointment.

  • Adopted the six-month moratorium on new data center applications.

  • Prepared and circulated the data-center ordinance materials for Planning Commission review.

  • Proposed amendments to its zoning ordinance and was identified as the ordinance's enacting authority.

  • Adopted the Zoning Ordinance.

Restrictions & requirementsHide restrictions & requirements29
  • A temporary moratorium prohibits the Township from accepting or processing data-center applications.

  • The moratorium lasts six months after adoption or until new or amended Township data-center regulations take effect, whichever occurs first.

  • Before the moratorium expires, the Township Board may extend it by resolution.

  • Data centers are allowed only as a special land use in the Industrial District and require both special-land-use approval and site-plan approval.

  • Data centers must comply with Industrial District lot-coverage, height, and setback limits, including the maximum industrial-building height.

  • Cooling-system components require full-height sound-attenuation screening; roof-mounted equipment must be at least 1,500 feet from Sensitive Land Use lot lines, and ground-mounted equipment must be at least 1,000 feet away.

  • Generators must be placed in full acoustic enclosures to the maximum extent possible, may not be within 1,000 feet of a Sensitive Land Use, and may not be mounted on roofs.

  • Data centers must minimize views from public rights-of-way, adjacent properties, and Sensitive Land Uses through architectural features, berms, landscaping, or other screening, and the Planning Commission may require additional screening.

  • Noise may not exceed 55 dB(A) during the day or 45 dB(A) at night at specified property lines, and steady tonal sound may not exceed 65 dB(C) at any time.

  • All lighting must be dark-sky friendly, directed downward, and produce zero footcandles at the property line.

  • Ground-borne vibration may not exceed 0.01 inches per second at the property line across frequencies from 1.0 to 100 Hz; generators require vibration mitigation, and continuous monitoring is required along certain property lines within 1,000 feet of Sensitive Land Uses.

  • Data centers must maintain a Water Usage Effectiveness of no more than 0.2, and evaporative cooling is prohibited.

  • Data centers must maintain a Power Usage Effectiveness of no more than 1.2 and comply with the most stringent applicable Michigan energy code, ASHRAE Standard 90.4, or Michigan-specific data-center energy requirements.

  • Each data center must provide on-site energy storage capable of supplying at least 50% of peak electrical demand for at least 15 minutes.

  • Applicants must demonstrate that the data center's energy needs can be supplied independently of the energy currently available within the Township and that all state and federal energy requirements will be met.

  • Generator testing and exercising is limited to weekdays from 9 a.m. to 5 p.m., prohibited on state holidays, and limited to no more than two generators tested simultaneously; generators must be U.S. EPA Tier 4 compliant.

  • Air, dust, smoke, glare, exhaust, heat, and humidity from the facility may not be perceptible at or beyond the data-center property line.

  • Data centers must prepare and follow emergency-response and fire-response plans addressing hazards, emergency capacity, shutdown procedures, public notification, consultation with responders, and periodic updates.

  • Surface-water runoff from construction and operation must be effectively managed on-site.

  • Except for grid interconnection lines, all electrical wiring must be buried underground unless a qualified utility or manufacturer engineer certifies that underground installation is prohibited by applicable law or code.

  • A data-center ownership transfer requires at least 60 days' notice to the Township and Township approval confirming that the new owner can comply with the approvals and standards.

  • Applicants must provide a qualified environmental and community-impact analysis addressing effects on the site, surrounding area, natural resources, and community.

  • Construction is limited to 7 a.m. through 6 p.m., Monday through Saturday, unless the Planning Commission approves otherwise.

  • Applications must include a decommissioning plan and agreement addressing project life, costs, abandonment triggers, timelines, responsible parties, and financial assurance.

  • Decommissioning must begin within six months after abandonment or another triggering event and must be completed within 18 months.

  • Decommissioning financial assurance must equal 125% of the total estimated decommissioning cost, exclude salvage value, remain in place throughout the project's life, and cover restoration during construction until full operational assurance is posted.

  • A data-center application must include required fees and an escrow fund; incomplete applications will not be accepted.

  • Applicants must submit extensive supporting materials, including electrical and utility-capacity information, water and sewer capacity proof, cooling and water-use details, energy-storage and backup-generation information, environmental studies, detailed site and landscape plans, infrastructure maps, and emergency and fire-response plans.

  • The Planning Commission must require a development agreement covering approved plans, conditions, financial security, utilities, stormwater, roads, landscaping, wetlands, construction oversight, maintenance, and compliance.

Benefits & exceptionsHide benefits & exceptions6
  • Data centers are authorized as a special land use in the Industrial District, providing a zoning pathway for their construction and operation, subject to special-land-use and site-plan approval requirements.

  • A small-scale data center that is accessory and subordinate to an existing principal use is exempt from the new data-center requirements if it is entirely within existing compliant structures, creates no adverse impacts, and requires no additional utility-provider approvals for electricity or water.

  • A data center may be transferred to a new owner after 60 days’ notice and Township approval, provided the new owner can meet the approval conditions and agrees in writing to do so; the Township’s approval may not be unreasonably withheld.

  • After decommissioning, the property may be repurposed for general industrial use by removing data-center-specific components.

  • Generator testing and exercising is expressly permitted on weekdays from 9 a.m. to 5 p.m., except on State holidays, with no more than two generators tested simultaneously.

  • Construction hours may extend beyond the default Monday-through-Saturday schedule of 7 a.m. to 6 p.m. if the Planning Commission approves different hours.

Sources

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