§ 9.29. Wireless communications.

A.

Background.

1.

The township has received or expects to receive requests to site wireless communications towers and antennas within its boundaries.

2.

The township finds that it is in the public interest to permit the siting of wireless communications towers and antennas within its boundaries.

3.

It is the township's intent to permit the siting of wireless communications towers and antennas within its boundaries.

4.

It is the township's intent to protect and promote the public health, safety and welfare by regulating the siting of wireless communications towers and antennas within its boundaries.

B.

Purpose and goals. The purpose of this section is to establish general guidelines for siting wireless communications towers and antennas. To further these goals, the township shall consider its comprehensive plan, zoning map, existing land uses, and environmentally sensitive areas in approving sites for the location of towers and antennas. The goals of this section are to:

1.

Protect residential areas and land uses from potential adverse impacts of towers and antennas;

2.

Encourage the location of towers and antennas in nonresidential areas;

3.

Minimize the total number of towers and antennas throughout the township;

4.

Promote the joint use of existing tower sites rather than construction of additional towers;

5.

Promote the location of towers and antennas in areas where the adverse impact on the township is minimal;

6.

Promote the configuration of towers and antennas to minimize their adverse visual impact through careful design, siting, landscape screening, and innovative camouflaging techniques;

7.

Promote telecommunications services to the township which are quick, effective, and efficient;

8.

Protect the public health and safety of the township and its residents; and

9.

Avoid potential damage to adjacent properties from tower failure through engineering and careful siting of tower structures.

C.

Applicability.

1.

New towers and antennas. All new towers and new antennas in the township shall be subject to this section, except as otherwise provided in this section.

2.

Amateur radio and over-the-air reception devices. This section does not apply to amateur radio and over-the-air reception devices.

3.

Preexisting towers and antennas. Preexisting towers and preexisting antennas shall not be required to meet the requirements of this section.

4.

Exemption. Wireless communication equipment is a permitted use of property and is not subject to special land use approval or any other approval under the Michigan Zoning Enabling Act if all the following requirements are met:

a.

The wireless communications equipment will be collocated on an existing wireless communications support structure or in an existing equipment compound.

b.

The existing wireless communications support structure or existing equipment compound is in compliance with the zoning ordinance or was previously approved by the township.

c.

The proposed collocation will not do any of the following:

i.

Increase the overall height of the wireless communications support structure by more than 20 feet or 10 percent of its original height, whichever is greater.

ii.

Increase the width of the wireless communications support structure by more than the minimum necessary to permit collocation.

iii.

Increase the area of the existing equipment compound to greater than 2,500 square feet.

d.

The proposed collocation complies with the terms and conditions of any previous final approval of the wireless communications support.

D.

General requirements.

1.

Principal or accessory use. Antennas and towers may be considered either principal or accessory uses. A different existing use of or on the same lot shall not preclude the installation of an antenna or tower on that lot. Likewise, an existing antenna or tower on a lot shall not preclude the location of a different use, building or structure on the same lot.

2.

Lot size. Even though antennas or towers may be located on leased portions of a lot, the dimensions of the entire lot shall be used to determine if the installation of a tower or antenna complies with the regulations of the applicable zoning district, including, but not limited to, setback requirements, lot coverage requirements, and other such requirements. The area of the lot and the lot dimensions, frontage for example, shall meet the minimum requirements of the zoning district within which it is located.

3.

Inventory of existing sites. Each applicant for an antenna and/or tower shall provide to the zoning administrator an inventory of applicant's existing towers, antennas, or sites approved for towers or antennas, that are either within the jurisdiction of the township or within one mile of the township border, including specific information about the location, height, and design of each tower or antenna.

4.

Tower finish. Towers shall either maintain a galvanized steel finish or, subject to any applicable standards of the FAA, be painted a neutral color so as to reduce visual obtrusiveness.

5.

Tower site. At a tower site, the design of the buildings and related structures shall, to the extent possible, use materials, colors, textures, screening, and landscaping that will blend them into the natural setting and surrounding buildings.

6.

Antenna color. An antenna and its supporting electrical and mechanical equipment must be of a neutral color that is identical to, or closely compatible with, the color of the supporting structure so as to make the antenna and related equipment as visually unobtrusive as possible.

7.

Lighting. Towers shall not be artificially lighted, unless required by the FAA or other applicable authority. If lighting is required, the lighting alternatives and design chosen must cause the least disturbance to the surrounding views.

8.

State or federal requirements. All towers and antennas must meet or exceed current standards and regulations of the FAA, the FCC, and any other agency of the state or federal government with the authority to regulate towers and antennas. If such standards and regulations are changed, then the owners of the towers and antennas governed by this ordinance shall bring such towers and antennas into compliance with such revised and applicable standards and regulations within six months of the effective date of such standards and regulations, unless a different compliance schedule is mandated by the controlling state or federal agency. Failure to comply with such revised and applicable standards and regulations shall constitute grounds for the township to seek a court order, authorizing the township or its designee to remove the tower and/or antenna at the owner's expense.

9.

Building codes; safety standards. The owner of a tower or antenna shall ensure its structural integrity by maintaining it in compliance with standards contained in applicable state or local building codes and applicable standards published by the Electronic Industries Association or any similar successor organization, as amended from time to time. If the township suspects that a tower or an antenna does not comply with such codes and standards and constitutes a danger to persons or property, then the township may proceed under applicable State of Michigan law (i.e., Michigan Public Act 144 of 1992, (MCL 125.539 et seq.), as amended, or any successor statute) or common law to bring the tower or antenna into compliance or to remove the tower or antenna at the owner's expense.

10.

Measurement. Tower setbacks and separation distances shall be measured and applied to facilities located in the township without regard to municipal and county jurisdictional boundaries.

11.

Not essential services. Towers and antennas shall be regulated and permitted pursuant to this section. They shall not be regulated or permitted as essential services, public utilities, or private utilities.

12.

Franchises. Owners and/or operators of towers or antennas shall certify that all franchises required by law for the construction and/or operation of a wireless communication system in the township have been obtained; they shall file a copy of all required franchises with the zoning administrator.

13.

Signs. No signs or advertising shall be allowed on an antenna or tower. However, the tower owner may post a sign no larger than 32 square feet in area designating a person to contact in an emergency, together with the person's telephone number and address.

14.

Metal towers. Metal towers shall be constructed with a corrosion-resistant material.

15.

No interference. Towers shall not interfere with television or radio reception on surrounding properties.

16.

Paving. All parking and drive areas shall be surfaced with concrete or asphalt pavement and shall be constructed in accordance with the requirements of article 10.

E.

Special use permits.

1.

General. The following provisions shall govern the issuance of special use permits for towers or antennas by the planning commission:

a.

Applications for special use permits under this section shall be subject to the general procedures and requirements of this ordinance for special uses, except as modified in this section.

b.

In granting a special use permit, the planning commission may impose such conditions that the planning commission concludes are necessary to minimize any adverse effect of the proposed tower or antenna on adjoining properties.

c.

Any information of an engineering nature that the applicant submits, whether civil, mechanical, or electrical, shall be certified by a licensed professional engineer. This engineer shall certify in writing that the tower or antenna will be structurally sound and will comply with all applicable building and other construction code requirements.

2.

Application.

a.

A scaled site plan showing the location, type and height of the proposed tower or antenna; on-site land uses and zoning; adjacent land uses (including buildings and structures located thereon) and zoning (even if adjacent to another municipality); comprehensive plan classification of the site and all properties within the applicable separation distances set forth in Tables 9.29A and B of this section; small scale sketch of properties, streets and uses within one-half mile of the proposed tower or antenna; adjacent roadways; proposed means of access; setbacks from property lines; elevation drawings of the proposed tower or antenna and any other structures; topography; parking; and other information deemed necessary by the zoning administrator or planning commission to assess compliance with this ordinance.

b.

Legal description of the lot and the leased portion of the lot (if applicable), together with a copy of the applicant's deed or lease pertaining to that lot.

c.

The separation distance between the proposed tower or antenna and the nearest dwelling, platted residential properties, and unplatted residentially zoned properties.

d.

The separation distance from other towers or antennas described in the inventory of existing site, the type of construction of those existing towers or antennas, and the owners/operators of those existing towers and antennas, if known.

e.

A landscape plan showing specific landscape materials, both existing and proposed.

f.

Method of fencing, finished color and, if applicable, the method of camouflage and illumination.

g.

Sealed construction plans for the tower and/or antenna.

h.

A description of compliance with the requirements of this section, and of all applicable federal, state, county or township laws, rules, regulations and ordinances.

i.

A notarized statement by the applicant for a tower, indicating if the tower will accommodate collocation of additional antennas for future users.

j.

A description of the services to be provided by the proposed new tower or antenna, and any alternative ways to provide those services without the proposed new tower or antenna.

k.

A description of the feasible location(s) of applicant's future planned towers or antennas within the township based upon existing physical, engineering, technological or geographical limitations in the event the proposed tower or antenna is erected.

3.

Review standards. In addition to any other standards specified in this ordinance for considering special use permit applications, the planning commission shall consider the following factors in determining whether to issue a special use permit under this section:

a.

Height of the proposed tower or antenna;

b.

Proximity of the proposed tower or antenna to residential structures and residential district boundaries;

c.

Nature of uses on adjacent and nearby properties;

d.

Surrounding topography;

e.

Surrounding tree coverage and foliage;

f.

Design of the proposed tower or antenna, with particular reference to design characteristics that have the effect of reducing or eliminating visual obtrusiveness;

g.

Proposed ingress and egress to the proposed tower or antenna;

h.

Availability of suitable existing towers or antennas, alternative tower structures, other structures, or alternative technologies not requiring the use of towers or antennas or other structures, as discussed below in this section;

i.

The effect of the proposed tower or antenna on the conforming properties and the surrounding neighborhood; and

j.

Whether or not the proposed tower or antenna is located in zoning districts or on structures where the township intends at least most towers and antennas in the township to be located, as subsequently described in this section.

4.

Intent. The township intends that most if not all towers and antennas will be located as described below:

a.

The township encourages the location of towers and antennas, including the placement of additional buildings or other supporting equipment used in connection with them, in the C-2, C-3, and I-2 zoning districts.

b.

The township encourages the location of antennas on existing structures or towers consistent with the terms of subsections a) and b) below:

i.

The township encourages antennas on existing structures which are not towers, as an accessory use to any commercial, industrial, professional, institutional, or multifamily structure of eight or more dwelling units, provided the antenna does not extend more than 30 feet above the highest point of the structure;

ii.

The township encourages antennas on existing towers, provided that:

a)

A tower which is modified or reconstructed to accommodate the collocation of one or more additional antennas shall be of the same tower type as the existing tower or a monopole;

b)

A tower which is modified or reconstructed to accommodate the collocation of an additional antenna may be modified or rebuilt to a taller height, not more than once per tower and not to exceed 30 feet over the tower's existing height (this additional height shall not require an additional distance separation per Tables 9.29A and B of this article; rather the tower's premodification height shall be used to calculate such distance separations); and

c)

A tower which is modified or reconstructed to accommodate the collocation of an additional antenna may be moved on-site within 50 feet of its existing location (a relocated tower shall continue to be measured from its original location for purposes of calculating separation distances between towers pursuant to Table 9.29B of this section).

5.

Availability of suitable existing towers, antennas, alternative tower structures, other structures, or alternative technology. No new tower or antenna shall be permitted unless the applicant demonstrates to the planning commission that no existing tower, antenna, alternative tower structure or alternative technology can provide the services sought by the applicant without the erection of the applicant's requested new tower or antenna. To prove that no existing tower, antenna, alternative tower structure, structure, or alternative technology can provide the services sought by the applicant, the applicant could demonstrate that:

a.

No existing towers, antennas, alternative tower structures, alternative technology, or other structures are available within the geographical area which meet the applicant's engineering requirements;

b.

Existing towers, antennas, alternative tower structures, or other structures are not of sufficient height to meet the applicant's engineering requirements, and that their height cannot be increased to meet such requirements;

c.

Existing towers, alternate tower structures, or other structures do not have sufficient structural strength to support the applicant's proposed antenna and related equipment, and that their strength cannot practically be increased to provide that support;

d.

The proposed antenna would cause electromagnetic interference with existing towers or antennas, or that existing towers or antennas would cause interference with the applicant's proposed antenna;

e.

The costs to collocate an antenna exceed the costs of erecting a new tower or antenna;

f.

There are other limiting factors that render existing towers, antennas, alternative tower structures, and other structures unsuitable; or

g.

An alternative technology that does not require the use of towers or antennas is cost-prohibitive or unsuitable.

F.

Setbacks. The following setback requirements shall apply to all towers for which a special use permit is required:

1.

Towers must be set back a distance equal to at least 75 percent of the height of the tower from any adjoining lot line. The setback is measured from the perimeter or outside edge of the base of the tower.

2.

Guys and accessory buildings must satisfy the minimum setback requirements for the applicable zoning district.

G.

Separation. The following separation requirements shall apply to all towers for which a special use permit is required:

1.

Separation of towers from off-site uses/designated areas.

a.

Tower separation shall be measured from the perimeter or outside edge of the base of the tower to the lot line of the off-site uses and/or designated areas as specified in Table 9.29A, except as otherwise provided in Table 9.29A. The separation distance shall be measured by drawing or following a straight line between the base of the proposed tower and the off-site uses or designated areas.

b.

Separation requirements for towers shall comply with the minimum standards (listed in linear feet) established in Table 9.29A.

c.

Once a tower has been located, all future buildings or structures on the same lot of record as the tower was initially located on shall be located so as to comply with the separation requirements contained in Table 9.29A.

Table 9.29A Wireless Communication Tower Separation Requirements

Off-Site Use/Designated Area	Separation Distance
Single-family or two-family dwelling units.	200 feet or three times the height of the tower, whichever is greater.
Unimproved R-1 or R-2 land or PUD approved for residential use equivalent to R-1 or R-2 land which is platted, has preliminary subdivision plan approval which has not expired, or which is part of a site condominium approved as part of a PUD or other provision of this ordinance.	200 feet or three times the height of the tower, whichever is greater.
Other unimproved residentially zoned lands.	100 feet or the height of the tower, whichever is greater.
Existing multiple-family dwelling units.	100 feet or the height of the tower, whichever is greater.
Nonresidentially zoned lands or nonresidential uses, if not covered by any of the above categories.	None; only setbacks established by this ordinance apply.

 

Separation measured from base of tower to closest building setback line.

Includes any unplatted residentially zoned properties without a preliminary subdivision plan or site condominium approval as a PUD or pursuant to other applicable provisions of this ordinance and any R-3 zoning district land.

2.

Separation distances between towers and tower pairs.

a.

Separation distances between a tower and a tower pair, or between two towers which are not included in a tower pair, shall be applicable for and measured between the proposed tower and a preexisting tower pair, or between the proposed tower and any preexisting tower which would not form a tower pair with the proposed tower. The separation distances shall be measured by drawing or following a straight line between the base of the closest existing tower and the proposed base, pursuant to a site plan of the proposed tower.

b.

Separation distances between a tower and a tower pair, or between two towers which are not included in a tower pair, shall comply with the minimum distances (listed in linear feet) established in Table 9.29B.

Table 9.29B Wireless Communication Tower Required Separation Between Existing Towers

Proposed Tower	Lattice	Guyed	Monopole 75 Feet in Height or Greater	Monopole Less Than 75 Feet in Height
Lattice	10,000	10,000	3,000	1,500
Guyed	10,000	10,000	3,000	1,500
Monopole 75 Feet in Height or Greater	3,000	3,000	3,000	1,500
Monopole Less Than 75 Feet in Height	1,500	1,500	1,500	1,500

 

H.

Security fencing. Towers and their guy wires, if any, for which a special use permit is required shall be enclosed by security fencing not less than six feet in height. The towers shall also be equipped with appropriate anticlimbing devices.

I.

Landscaping. The following requirements shall govern the landscaping [of] surrounding towers for which a special use permit is required. The required landscaping shall be maintained in good condition for the duration of the special use permit:

1.

Tower facilities shall be landscaped with a buffer of plant materials that effectively screens the view of the tower compound from property then used for dwellings, single-family or multiple-family, or included in a residential zoning district or PUD residential development. The standard buffer shall consist of a landscaped strip at least four feet wide outside the perimeter of the compound.

2.

Existing mature tree growth and natural land forms on the site shall be preserved to the maximum extent possible. In some cases, such as towers sited on large wooded lots, the planning commission may conclude that natural growth around the property perimeter may be a sufficient buffer.

J.

Accessory utility buildings. All utility buildings and structures accessory to a tower or an antenna shall comply with all other requirements of this ordinance, shall be architecturally designed to blend in with the surrounding environment and shall meet the minimum setback requirements of the zoning district where the tower or antenna is located. Ground-mounted equipment shall be screened from view by suitable vegetation, except where a design of nonvegetative screening better reflects and complements the architectural character of the surrounding neighborhood.

K.

Removal of abandoned antennas and towers. Notwithstanding anything to the contrary elsewhere in this ordinance, any antenna that is not operated or any tower that is not utilized for an operating antenna for a continuous period of 12 months shall be considered abandoned, and the owner of such antenna or tower shall remove the same within 90 days of receipt of notice from the township notifying the owner of such abandonment. Failure to remove an abandoned antenna or tower within the 90 days shall be grounds for the township to proceed under applicable State of Michigan law to remove the tower or antenna at the owner's expense. If there are two or more users of a single tower, then this provision shall not become effective until all users cease using the tower. The owner of each antenna and/or tower shall submit to the township in January of each year evidence satisfactory to the township that the antenna and/or tower is being currently operated and utilized.

L.

Expansion of nonconforming use. Notwithstanding any other provisions of this ordinance to the contrary, towers that are constructed and antennas that are installed in accordance with this section shall not be deemed to be the expansion of a nonconforming use or structure.