The Howell Township Board unanimously approved a six-month moratorium for the current data center proposal. But a clause in the moratorium has opponents saying it’s not a moratorium at all, that the board instead passed a “pause” with an exception so large that it defeats the ordinance’s intent, and they are gearing up for a petition drive to force a referendum vote.
With multiple issues of transparency and signed non-disclosure agreements (NDAs) by township officials with this project, opponents say they do not feel well represented. They want to see the data center on the ballot so the community can decide for itself.
An estimated 800 people attended Thursday’s meeting. Opponents were hoping for a six-month moratorium, but instead were met with a waiver clause and no support from the township board members. (You can read the moratorium ordinance and the waiver clause by clicking here.)
“I would be willing to support a moratorium, but I do want to be clear that I am not a no-data-center advocate,” said Shane Fagan, a trustee on the Howell Township Board.
Keep local, independent journalism alive!
SUBSCRIBE to The Livingston Post
CLICK HERE
If approved, the data center project will be the largest development in Livingston County history. It will encompass over a thousand acres of farmland, and the $1 billion initial capital investment will immediately make it the county’s largest taxpayer; it would also open the door for similar projects down the road. While proponents point to the financial benefits of the development, opponents cite concerns about rising electricity costs, the strain on the area’s water supply, as well as light and sound pollution.
The language in the moratorium does not include the current pending rezoning application. The application has already been sent out for a review period; both the Howell Township and Livingston County planning commissions gave the rezoning unanimous thumbs down. The last step of the rezoning application is to be voted on by the Howell Township Board on Dec. 8.
There is no listed zone use for a data center; currently data processing is allowed in research and technology zones. During the moratorium, the board will decide if a data center is part of a research and technology zone or an industrial zone.
“Conditional rezoning is a legislative change. You are still rezoning into (research and technology), but you’re rezoning it to a narrower land use district, (research and technology) only permitting the use of a data center,” said Jonathan Hohenstein, treasurer and zoning administrator.
If a data center is decided to be under an industrial zoning, once the moratorium is lifted, the applicant can apply for a rezoning.
If zoning is approved, backed by the Zoning Enabling Act, you can’t exclude a use from a zone. To deny a data center on the property, the board would have to demonstrate if there is a need for the data center and if the land is viable for it.
The moratorium puts a hold on reviewing the processing of the specific application of the proposed site. It includes a prohibition on establishing the use of a data center during the six months. This includes site plans, special use permits and documents.
A waiver of the moratorium from any applicant — including the current data center developer, which Howell Township Board member Bob Wilson said is Meta — can be granted before the end of the six months if the Howell Township Board finds that a waiver would not affect the health and safety of the township.
After learning about the waiver, some in the crowd said the moratorium was a failure of trust by the board; opponents do not want to see the property zoned as anything other than agricultural land. They were not satisfied with the moratorium presented as they were under the impression it would also pause the rezoning. Cory Alchin, one of the organizers of Stop the Data Center – Livingston, spoke out during call to the public, and said the community will stand behind the board if it gets sued should it deny the moratorium.
“We have every opportunity and right as citizens to make the final vote their vote. If they vote yes, we will enact a referendum. We have the legal power to do it,” said Alchin. “We need 900 signatures in Howell Township to make it happen If that happens during Christmas, it happens during Christmas, Merry Christmas to the board, because we will do it. We’ve had over 2,000 people show up to these meetings. We will get our job done.”
Attendees want to see the data center on the next ballot so the community can decide. With multiple issues of transparency and signed non-disclosure agreements (NDAs) by township officials, some in the community do not feel well represented.
“Do the right thing and refuse the data center’s existence and not just the proposed area, but for anywhere in Howell township, or better yet, put it on the ballot,” said Emma Sova of Howell.
Multiple attendees called for any board members who signed NDAs or who don’t want to stand against the data center to step down. One woman called out each board member to answer if they signed NDAs, but during the call to the public, the board does not have to answer questions.
During the data center moratorium ordinance ruling process, board member Tim Boal made a motion to add a revision to the moratorium to include halting the zoning; Boal would like to consider other locations for the data center.
The motion died due to a lack of support.
During the next Howell Township Board meeting, set for 6:30 p.m. Monday, Dec. 8, the board will vote on the rezoning application.
