Section
54.01 Definitions
54.02 General requirements
54.03 Required licenses and permits
54.04 General design and location requirements
54.05 Design and location requirements for deployments on existing poles
54.06 Design and location requirements for deployments requiring new utility poles or wireless support structures
54.07 Insurance and bonding requirements for deployments in the public right-of-way
54.08 Revocation of permit; removal
For the purposes of this chapter, the following definitions shall apply unless the context clearly indicates or requires another meaning.
ACT. The Small Wireless Communication Facilities Deployment Act, M.C.L. §§ 460.1301, et seq., Act 365 of 2018.
AUTHORIZATION. Permission from the village to do work in the public rights-of-way, maintain facilities in the public rights-of-way, or deploy a small cell wireless facility in the village. Includes but is not limited to a license, a permit, a letter, or construction drawing approval. Multiple authorizations may be required for certain activities.
COLLOCATE. To install, mount, maintain, modify, operate, or replace wireless facilities on or adjacent to an existing wireless support structure or utility pole. Collocate does not include make-ready work or the installation of a new utility pole or new wireless support structure.
CONTRACTOR. Includes any of the following licensed entities performing work on an owner's behalf: contractor; subcontractor; or any employee or agent of a contractor, subcontractor, or owner.
DEPARTMENT. Any village administration.
EMERGENCY. A condition that poses a clear and immediate danger to life or health, or a significant loss of property, or requires immediate repair to restore service to a group of users of a utility service.
EMERGENCY WORK. The replacement or repair of damage to active facilities, including main lines and services, where all Miss Dig (811 dig) requirements are met.
EXCAVATE. Without limitation, any cutting, digging, grading, tunneling, boring, or other alteration of the surface or subsurface material or earth in the public way.
FACILITIES. Poles, pipes, culverts, conduits, ducts, cables, wires, fiber, amplifiers, pedestals, antennas, transmission or receiving equipment, other electronic equipment, electrical conductors, manholes, appliances, signs, pavement structures, irrigation systems, landscaping, monument signs, monument mailboxes and any other similar equipment, for public or private use.
LICENSE. A village approved right-of-way use for a wireless facility granted pursuant to a fully executed right-of-way wireless franchise agreement adopted by resolution of the Village Board, also referred to as a franchise license.
MAKE-READY WORK. Work necessary to enable an authority pole or utility pole to support collocation, which may include modification or replacement of utility poles or modification of lines.
MICRO WIRELESS FACILITY. A small cell wireless facility that is not more than 24 inches in length, 15 inches in width, and 12 inches in height and that does not have an exterior antenna more than 11 inches in length.
OWNER. Any property owner, company owner, or any entity by which work within the public rights-of-way has been ordered, or any entity on behalf of which any work within the public right-of-way is caused to be performed, or any agent thereof.
PERSON. An individual, association, firm, partnership, limited liability company, joint venture, corporation, government, utility, or other organized entity able to contract for the activities described in this chapter, whether for profit or not for profit. The term does not include the village.
PUBLIC RIGHTS-OF-WAY OR ROW. The area on, below, or above a public roadway, highway, street, alley, bridge, sidewalk, or utility easement dedicated for compatible uses. Public right- of-way does not include any of the following:
(1) A private right-of-way.
(2) A limited access highway.
(3) Land owned or controlled by a railroad as defined in Section 109 of the Railroad Code of 1993, 1993 PA 354, M.C.L. § 462.109.
(4) Railroad infrastructure.
SMALL CELL WIRELESS FACILITY. A wireless facility that meets both of the following requirements:
(1) Each antenna is located inside an enclosure of not more than six cubic feet in volume or, in the case of an antenna that has exposed elements, the antenna and all of its exposed elements would fit within an imaginary enclosure of not more than six cubic feet.
(2) All other wireless equipment associated with the facility is cumulatively not more than 25 cubic feet in volume. The following types of associated ancillary equipment are not included in the calculation of equipment volume: electric meters, concealment elements, telecommunications demarcation boxes, grounding equipment, power transfer switches, cut-off switches, and vertical cable runs for the connection of power and other services.
UTILITY POLE. A pole or similar structure that is or may be used in whole or in part for cable or wireline communications service, electric distribution, lighting, traffic control, signage, or a similar function, or a pole or similar structure that meets the height requirements in section 13(5) of the act and is designed to support small cell wireless facilities. Utility pole does not include a sign pole less than 15 feet in height above ground.
(1) A utility pole in the ROW installed or modified on or after the effective date of this act shall not exceed 40 feet above ground level unless taller height is agreed to by the village.
(2) A small cell wireless facility in the ROW installed or modified after the effective date of this act shall not extend more than five feet above a utility pole or wireless support structure on which the small cell wireless facility is collocated.
WIRELESS FACILITY. Equipment at a fixed location that enables the provision of wireless services between user equipment and a communications network including, but not limited to, radio transceivers, antennas, coaxial or fiber-optic cable, regular and backup power supplies, and comparable equipment, regardless of technological configuration. Wireless facility includes a small cell wireless facility. Wireless facility does not include:
(1) The structure or improvements on, under, or within which the equipment is collocated,
(2) A wireline backhaul facility, or
(3) Coaxial or fiber-optic cable between utility poles or wireless support structures or that otherwise is not immediately adjacent to or directly associated with a particular antenna.
WIRELESS INFRASTRUCTURE PROVIDER. Any person, including a person authorized to provide telecommunications services in this state but not including a wireless services provider, that builds or installs wireless communication transmission equipment, wireless facilities, or small cell wireless support structures and who, when filing an application with the village under the Small Wireless Facilities Deployment Act, M.C.L. §§ 460.1301, et seq., Act 365 of 2018, provides written authorization to perform the work on behalf of a wireless services provider.
WIRELESS PROVIDER. A wireless infrastructure provider or a wireless services provider. Wireless provider does not include an investor-owned utility whose rates are regulated by the Michigan Public Service Commission ("MPSC").
WIRELESS SERVICES. Any services, provided using licensed or unlicensed spectrum, including the use of Wi-Fi, whether at a fixed location or mobile location.
WIRELESS SERVICES PROVIDER. A person that provides wireless services.
WIRELESS SUPPORT STRUCTURE. A freestanding structure designed to support, or capable of supporting, small cell wireless facilities. Wireless support structure does not include a utility pole.
(Ord. 271, passed 9-19-23)
(A) No wireless providers shall occupy, wholly or in part, the streets, alleys, or public rights-of-way within the village without first receiving a permit for that purpose. No wireless provider shall install, collocate, or construct a facility outside the streets, alleys or public right-of-way within the village without receiving permit for that purpose.
(B) No wireless providers shall attach, alter, or modify a village-owned pole or wireless support structure without entering into a license agreement with the village.
(C) The village may establish appropriate requirements for new permits, licenses, and ordinance requirements consistent with state and federal law, and may modify the requirements of this chapter from time to time to reflect changes in the industry. The village further retains the right to make any modifications based on court rules, injunctions, or statutory amendments addressing the federal and state law mandates requiring the village to provide this process under its current regulations. The village further reserves any constitutional or statutory challenges it may have under federal and state law to the process mandated by the act and federal law, despite its efforts to comply with the law. If any changes to state or federal law allow the village to take a more restrictive approach, the village reserves the right to alter current franchises, consent, permits and licenses.
(D) Notwithstanding any other provisions of this chapter to the contrary, a wireless provider shall at all times comply with all laws and regulations of the state and federal government or any administrative agencies thereof. Provided, however, if any such state or federal law or regulation shall require a wireless provider to perform any service, or shall permit a provider to perform any service, or shall prohibit a wireless provider from performing any service, in conflict with the terms of this chapter or of any law or regulation of the village, then as soon as possible following knowledge thereof, a wireless provider shall notify the village of the point of conflict believed to exist between such regulation or law and the laws or regulations of the village. If such conflict is discovered upon review by the village or upon notice by the provider of such conflict, then the Village Board of Trustees may waive the requirements of this chapter for any permit or license during review and approval of an application for a permit.
(E) Subject to this chapter, wireless providers may occupy and use the public rights-of-way to collocate small cell wireless facilities to provide wireless services upon, along, over and under the public rights-of-way in the village such that such collocations do not inhibit other utility installations within the public rights-of-way. The village retains its right to impose fees and compensation consistent with federal and state law.
(F) Wireless providers shall pay taxes for telecommunications services that are subject to taxation.
(G) Use of the public rights-of-way is allowed only to the extent the village itself possesses such rights.
(H) Wireless providers shall obtain approvals legally necessary to use the public rights-of- way from owners, other than the village, of property interests in the public rights-of-way or adjacent to the roadway system located within the village. To the extent any wireless provider obtains approval through a statutory authorization, as opposed to review and approval by the village, the wireless provider's placement or location of any small cell wireless facility, wireless facility, and utility pole within the village's public rights-of-way shall comply with the general and specific design and location requirements of this chapter, or any relevant zoning requirements.
(I) No wireless provider shall have the exclusive right or privilege to occupy or use the public rights-of-way for delivery of wireless services or any other purpose.
(J) The village reserves all rights to use the public rights-of-way for any purpose not prohibited by law, including the provision of wireless services, and all rights to grant authorizations to any other person(s), including any wireless provider, to use the public rights-of-way.
(K) Wireless providers shall have no right, title, or interest in the public rights-of-way, and any permit or license provided by the village provides no right, title, or interest to occupy any space outside of the public rights-of-way or any private property not owned by the village.
(L) Wireless providers use of the public rights-of-way shall not divest the village of any interest in the public rights-of-way.
(M) The village does not warrant its legal interest in the public rights-of-way.
(N) Nothing in this chapter shall be deemed or construed to stop or limit the village from exercising any regulatory, police, governmental, or legislative function pursuant to applicable law, which powers include, but are not limited to, the authority to enact regulations, ordinances, rules, and orders not prohibited by state or federal law that affect the public rights-of-way or a wireless provider's use of the public rights-of-way.
(O) The terms of this chapter do not permit the wireless provider to operate a cable system or to provide cable service, as those terms are defined by Section 602 of the Cable Communications Policy Act of 1984, as amended (47 U.S.C. Section 522), or install any wires or facilities that are required to be permitted under the METRO Act, Public Act 48 of 2002, M.C.L. § 484.310, without satisfying any additional legal requirements.
(P) This chapter only permits the wireless provider, upon obtaining required approvals and permits, to place its small cell wireless facilities in those portions of the public right-of-way, or in other locations outside the public right-of-way, approved by the village.
(Q) Under no circumstances shall any wireless provider be permitted to place small cell wireless facilities on any building that is on the National Register of Historic Places, pursuant to 47 C.F.R. § 1.1307(a)(4).
(R) Collocation of small cell wireless facilities shall commence within six months of permit issuance and shall be activated for use no later than one year from the permit issuance date. Failure to commence collocation within six months of permit issuance shall void said permit. A small cell wireless facility located in the public right-of-way that is not activated within one year of permit issuance shall be considered abandoned and shall be removed from the public right-of-way at the wireless provider's sole expense.
(S) A wireless provider shall notify the village in writing of the location and date that any wireless facility located in the village whose use will be discontinued. If the use of the facility is discontinued for 180 days without notice from the owner/operator or the owner of the property or other information indicates that the facility is not in use, the village may declare the facility abandoned. The village will provide notice and provide the wireless provider an opportunity to show cause before the Village Manager as to why the wireless facility should not be removed. Following determination of the Village Manager, the village may take the necessary steps to remove the facilities from the village's public right-of-way.
(T) Assignment; transfer. No permit may be transferred or assigned by a wireless provider without the village's express written permission until the construction and installation of all permitted small cell wireless facilities is completed. After completion of such construction, a wireless provider must provide notice to the village no later than 30 days after any assignment or transfer.
(Ord. 271, passed 9-19-23)
Loading...