Public notice: Freedom Township

Freedom Township Hall

FREEDOM TOWNSHIP
WASHTENAW COUNTY, MICHIGAN
ORDINANCE NO. 56
DATA CENTER MORITORIUM
EFFECTIVE DATE: March 18, 2026

AN ORDINANCE TO PROTECT THE PUBLIC HEALTH, SAFETY AND GENERAL WELFARE BY AUTHORITY GRANTED UNDER PA 246 OF 1945, AS AMENDED, BY PLACING A MORITORIUM ON APPLICATIONS FOR AND DEVELOPMENT OF COMMERCIAL GRADE DATA CENTERS IN THE TOWNSHIP FOR A LIMITED PERIOD TO ALLOW THE TOWNSHIP PLANNING COMMISSION AN OPPORTUNITY TO STUDY SUCH USES AND PROVIDE POLICY AND REGULATORY RECOMMENDATIONS TO THE TOWNSHIP BOARD. 

THE TOWNSHIP OF FREEDOM HEREBY ORDAINS:

Section 1:  Title. This Ordinance shall be known and may be cited as the Freedom Township Data Center Moratorium. 

Section 2: Findings. It has come to this Board’s attention that there has been a flurry of activity in nearby communities related to the use and development of land for commercial data centers.  It is recognized that such uses are important and valuable for the storage, processing and distribution of massive amounts of digital information for the modern internet, cloud computing and AI software and applications.  In consultation with Township consultants and the Planning Commission, it appears that the Township’s ordinances and policies have not been developed for commercial data center uses and that there are important public health, safety and welfare concerns that need to be considered and addressed before permitting data center uses in the Township.  Specifically, the following concerns are relevant and have been raised in relation to large data centers.  

(A) Potential Infrastructure & Utility Strains:

1. Grid Capacity – Commercial data center uses are reputed for using a significant amount of power from the available utilities which could have an impact upon local use and the cost of such use for the general community;
2. Water Scarcity – Commercial data center uses are reputed for the use of millions of gallons of water required for cooling systems which may have a detrimental effect on general capacity of aquifers and public water systems;
3. Wastewater Discharge – Effects on the wastewater disposal systems for disposal of high temperature or chemical treated discharges from the use and cooling facilities. 

(B) Environmental Concerns:

1. Acoustic Impacts – There are concerns and evidence that constant, low-frequency hums from HVAC and “chiller” units could exceed current noise regulations and impact the sleep or mental health of residents in the Township and surrounding communities;
2. Thermal Pollution – There is data on what has been called “urban heat island” effect created by massive windowless structures and large-scale heat exhaust fans;
3.  Emergency Response – There is uncertainty of the necessity of specialized equipment and training to handle high-voltage fires or lithium-ion battery storage facilities and the capacity of the local fire department to adequately protect the community in the event of an emergency.

(C) Zoning Ordinance Deficiency – The current zoning ordinance of the Township does not contemplate the unique land use intensity created by a large commercial scale data center.

(D) Tax Base Uncertainty – This Board needs time to study the impact of state-level tax exemptions on local revenue.

(E) Job-to-Acreage Ratios – Documentation shows that large data center uses consume vast amounts of land, but provide significantly fewer jobs compared to traditional manufacturing which may affect over all master planning in the Township.

Section 3: Planning Commission Study. To address the important public health, safety and welfare concerns related to large commercial data center uses in the Township, the Planning Commission is directed to undergo a study of data center uses and the potential impact of such uses in the Township.  Following a thorough study and understanding of potential impacts to Township residents and property in the Township and surrounding areas, the Planning Commission, in consultation with the Township Board and professional consultants, shall make recommendations to the Board for necessary and appropriate policies and regulations related to data center uses, and specify an application and approval process for permitting a data center use in the Township. The Planning Commission’s recommendations shall be in the form of proposed regulations which shall be incorporated into a zoning ordinance amendment that specifically addresses data center uses, in what zoning districts the use may be allowed, and other relevant conditions and regulations for approval and the operation and maintenance of data center uses in the Township.   

Section 4:  Moratorium.  No application for zoning approval of a data center use in Freedom Township shall be accepted for review, consideration, or approval, by the Township Planning Commission, zoning official, ZBA, the Board, or by any other agent of the Township, for a period of 365 days after the effective date of this ordinance or until such time as the Freedom Township Planning Commission recommends, and the Township Board approves and adopts, an ordinance to amend the Freedom Township Zoning Ordinance and/or other regulatory ordinances of the Township for the purpose of addressing the specific public health and safety concerns related to data center uses.  This moratorium may be extended by resolution of the Township Board for additional 180 periods or until such time as the Township Board is satisfied with the adoption of policies and ordinance regulations to adequately address public health, safety, and welfare concerns related to permitting data center uses in the Township.

Section 5:  Appeal. A property owner or business with the property owner(s) written consent may appeal the moratorium by filing a written appeal with the Township Clerk.  The appeal should include the applicant’s signature, shall state specifically what relief from the moratorium is being requested, and shall include an explanation describing and substantiating the basis for the relief requested, including but not limited to, demonstrating that the temporary moratorium will result in the preclusion of any viable economic use of their property or otherwise violates applicable provisions of State or Federal law.  The Township Board of Trustees shall hear the appeal at its next regularly scheduled meeting so long as the appeal is filed at least 21 days prior to that meeting, or at the following meeting if the appeal is not filed at least 21 days before the meeting date.  The Township Board of Trustees may grant the appeal, deny the appeal, or fashion such other relief as the law requires.  The Township Board shall make findings of fact and conclusions related to whether or not the applicant has demonstrated that all viable economic use of the property has been precluded by the moratorium and whether the moratorium is unconstitutional on its face or as applied to the applicant’s request.  If it is found and demonstrated that the moratorium 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 moratorium to the degree necessary to cure the contravention.

Section 6: Severability. The provisions of this Ordinance are hereby declared to be severable.  If any clause, sentence, paragraph, section or subsection is declared void or inoperable for any reason by any court, it shall not affect any other part or portion hereof other than the part declared void or inoperable.

Section 7: Repeal. Ordinance provisions that are inconsistent with the provisions of this Ordinance are, to the extent of such inconsistencies, hereby repealed. 

Section 8:  Savings Clause. The repeal provided herein shall not abrogate or affect any offense committed or done, or any penalty or forfeiture incurred, or any pending fee, assessments, litigation or prosecution occurring prior to the effective date hereof.

Section 9: Publication and effective date. The Township Clerk shall cause this Ordinance to be published in the manner required by law.  This Ordinance shall be effective as of the date of final publication of the Ordinance.

This Ordinance was duly adopted by the Freedom Township Board at its regular meeting called and held on the 10^th day of March, 2026 and was ordered given publication in the manner required by law.

Adoption:  March 10, 2026

Final Publication by Posting and Effective Date: March 18, 2026

Valisa Bristle, Freedom Township Clerk

CLERK’S CERTIFICATE

I, Valisa Bristle, Clerk of the Township of Freedom, Washtenaw County, Michigan hereby certify that the foregoing Ordinance No.   56   was duly approved and adopted by the Board of Trustees for the Township of Freedom, duly assembled in a regular meeting of said Board, held March 10, 2026.  I further certify that the Ordinance was published as provided by law within 30 days of the date of adoption and that the method of publication was by The Manchester Mirror.

I further certify that Member Lindemann moved for adoption of the Ordinance, seconded by Member Bristle and that the vote upon the said Ordinance was as follows:

ROLL CALL VOTE:

YES:Layher, Bristle, Huehl, Schaible, Lindemann
NO:None
ABSENT:None

MOTION CARRIED

Valisa Bristle, Clerk, 
Freedom Township
Date:   March 10, 2026

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