Culver Town Council Discusses Moratorium on Large Industrial Solar Systems, Utility Scale Battery Energy Storage Systems

The Culver Town Council members discussed the possible moratorium on large industrial solar systems and utility scale battery energy storage systems Tuesday night.

Janette Surrisi presented the initial request to the council to impose a moratorium to allow the Culver Town Council, Culver Plan Commission and the public to work together to adjust the zoning ordinance to include reasonable restrictions in the construction/operation of large industrial solar systems and utility scale battery energy storage systems.

The Plan Commission held a public hearing on the ordinance, but did not have enough majority votes to send forward a recommendation, favorable or unfavorable, to the council for consideration.

During the Culver Town Council meeting Tuesday night, Surrisi said the two issues that were prevalent for Plan Commission members were the time frame of the moratorium and a citation of Indiana Code 36-7-2-8.

Surrisi stated, “It’s a statute that provides, in part, that a unit may not adopt any ordinance which has the effect of prohibiting, or unreasonably restricting the use of solar energy systems other than for the preservation or the protection of public health and safety.”

She explained that the moratorium would be for the purposes of the protection of public health and safety, specifically pointing to the lack of a fire safety protection plan in the current ordinance which led to questions of the general wording of the ordinance. 

She added the question of the actual number of projects and the actual number of companies securing large acreage for solar projects should prompt officials to take time to review the zoning ordinance concerning solar energy and battery storage.

Surrisi gave the council some factors to consider.

“You are to consider the Comprehensive Plan, the current conditions and characters of the District, the most desirable use for which the land and the District is adaptive, the conservation of property values, and responsible development for growth,” said Surrisi.

The majority of the Culver Town Council members agreed to take a step back to work together to revise the zoning ordinance pertaining to large industrial solar systems and utility scale battery energy storage systems. 

Councilman Bill Hamm noted it is a tricky issue.

Hamm commented, “I think we need to find some smart consultants that know a lot about this.  I know this issue is very tricky because you have facts and you have passion.  There are people on both sides of the fence.  This is a very emotional issue, I know, for a lot of people.”

In the end, the council voted 4-1 to impose a moratorium, and agreed to come to a resolution sooner than the proposed two-year time frame.  Council members Bill Cleavenger, Bill Githens, Bill Hamm, and Sally Ricciardi voted in favor of the moratorium, with Rich West opposed.