The Elmwood Township Board Tuesday night amended the township Zoning Ordinance to place new electrical transmission substations or similar structures for a public utility in the Commercial-4 district.

At its meeting Monday, the board eliminated the existing text of "essential services" in Section 3.4, and inserted much more stringent language. The ordinance was approved on a 4-3 vote, with trustees James S. O’Rourke, Terry Lautner and treasurer Debbie Street opposed.

Under the new Essential Services section, all public utilities such as electric, natural gas, telephone and cable companies are considered essential services. Distribution systems such as overhead and underground transmission lines are allowed in all zoning districts, as are associated structures like transformers for electrical lines. The distribution systems are allowed as long as they primarily serve Elmwood Township and adjacent townships, subject to franchise agreements with Elmwood. Any new distribution systems or utility easement that will be part of a proposed subdivision or condominium must be part of that development’s site plan.

The big change for public utilities concerns the placing of any new transformer substations, pump stations of water or sewer. If the new stations are designed to serve an area beyond Elmwood and any adjoining township, the stations are permitted in all zoning districts but are subject to a site plan review and conditional land use approval. The same is true for large-scale transmission lines, and pipelines for gas and petroleum products.

Public sewer treatment and water plants power plants, transmission substations and other essential service buildings such public works garages and storage yards are only allowed in the C-4 zoning district, subject to site plan and conditional land use approval.

Prior to the board considering action on the matter, township Planning Commission chairman Jeff Aprill said during public comment that the amendment is needed to address a hole in the existing Zoning Ordinance. He said the commission is close to completing a new Zoning Ordinance, but the township needed the amendment as a stopgap measure.

"Our new Zoning Ordinance will address this issue better, but we need this in place until the new ordinance is in place," he said.

The amendment likely will not effect Wolverine Power Cooperative’s plan to build a transmission substation on eight acres owned by Lautner near the intersection of M-72 and Bugai Road. The amendment resulted from public opposition to the substation’s location, and a lack of public input on the issuance of a land use permit for the structure.

During public comment, Lisa Argue – who with her husband, Mason, appealed the land use permit issuance to the township Zoning Board of Appeals – agreed with Aprill. She also said board members who serve on a public utility board should recuse themselves from the discussion and voting on the essential services amendment. Lautner is a director of Cherryland Cooperative Electric, one of the utility companies working with Wolverine to get the substation built. Lautner did not recuse himself and the board took no action to do so.

Preston said she had misgivings about the text amendment because it is too restrictive. Currently only the "tank farm" area located along M-22, just north of Carter Road, is zoned C-4 and there is little room for any kind of utility substation. She offered an amendment to the amendment to allow essential services on property zoned Agricultural as a conditional land use, which requires a site plan review and public hearing. The board took no action on her suggestion.