All applications for wireless telecommunication facilities shall be reviewed in accordance with the following standards and conditions, and, if such facilities are approved, they shall be constructed and maintained in accordance with these standards and conditions. In addition, if the facility is approved, it shall be constructed and maintained with any additional conditions imposed by the Planning Commission and/or Village Council in their discretion.
(a) Application Requirements. All applications to locate, construct or modify any part or component of a wireless telecommunication facility in the Village shall include the following:
(1) A site plan showing the location, size, screening and design of all buildings and structures, including fences, the location and size of outdoor equipment, the location, number, and species of proposed landscaping, and construction drawings for all proposed wireless telecommunication facilities.
(2) Demonstration by the applicant of the need for the proposed wireless telecommunication facility based upon the following factors:
A. Proximity to an interstate highway or major thoroughfare.
B. Areas of population concentration.
C. Concentration of commercial, industrial, and/or other business centers.
D. Areas where signal interference has occurred due to tall buildings, masses of trees, or other obstructions.
E. Topography of the proposed location in comparison to other available sites.
F. Other specifically identified reasons creating a need for the facility.
(3) The reason or purpose for the placement, construction or modification, with specific reference to the applicant’s coverage, capacity and/or quality needs, goals and objectives.
(4) The existing form of technology being used and any anticipated or proposed changes to that technology.
(5) The proposed or existing service area of the facility, and its height, type and signal power.
(6) The nature and extent of the applicant’s ownership or lease interest in the property or structure upon which facilities are proposed for placement, construction or modification.
(7) The identity and address of all owners and other persons with a legal interest in the property or structure upon which facilities are proposed for placement, construction or modification.
(8) A map showing existing and known proposed wireless telecommunication facilities within the Village, and further showing existing and proposed wireless telecommunication facilities within areas outside of the Village boundaries, which are relevant in terms of potential colocation or in demonstrating the need for the proposed facility. The map shall also show existing structures of the same approximate height located within one-half mile of the proposed site which could feasibly accommodate colocation of the applicant’s proposed wireless telecommunication facility. Any such information which is a trade secret and/or other confidential commercial information which, if released, would result in commercial disadvantage to the applicant, may be submitted with a request for confidentiality in connection with the development of governmental policy in accordance with the Michigan Open Meetings Act, M.C.L.A. 15.243(1)(g).
(9) For each location identified on the applicant’s survey maps and drawings, the following information:
A. The structural capacity and whether it can accommodate the applicant’s facility, as proposed or modified;
B. Whether property owner approvals exist or have been requested; and
C. Whether the location could be used by the applicant for placement of a wireless telecommunication facility, or, if not, a disclosure of the technological considerations involved, with a specific explanation of why the location would restrict or prevent the applicant from providing wireless telecommunication services.
(10) A certification by a State licensed and registered professional engineer regarding the manner in which the proposed structure will fall. The certification will be utilized, along with other criteria, such as applicable regulations for the zoning district in question, in determining appropriate setbacks to be required for the structure and other facilities.
(11) A description of the security to be posted, in accordance with Section 1265.04(d), at the time of receiving a building permit for the wireless telecommunication facility to ensure removal of the facility when it has been abandoned or is no longer needed. The security shall, at the election of the Village, be in the form of cash, surety bond, or irrevocable bank letter of credit, or an agreement in a form approved by the Village Attorney and recordable at the Oakland County Register of Deeds, committing the applicant and owner of the property to remove the facility in a timely manner as required under this chapter, with the further provision that the applicant and owner shall be responsible for paying any costs and attorney fees incurred by the Village in securing removal.
(12) Included with the site plan for a new ground mounted facility, a landscape plan. The purpose of landscaping is to provide screening for the wireless telecommunication facility, accessory buildings and enclosures. Any fencing shall conform to Section 1268.28.
(13) Evidence of approval from the Federal Aviation Administration (FAA) or proof that such approval is not required.
(14) The name, address and telephone number of the person to contact for engineering, maintenance, security and other notice purposes. This information shall be continuously updated during all times the facility is on the premises.
(b) Standards Applicable to Ground Mounted Facilities. For proposed ground mounted wireless telecommunication facilities, the applicant shall further demonstrate that the wireless telecommunication facility and/or support structure will not be injurious to the neighborhood or otherwise detrimental to the public health, safety and welfare, and that the wireless telecommunication facility will be located and designed to be harmonious with the surrounding areas and to be aesthetically and architecturally compatible with the natural environment and the architectural, historic and residential character of the surrounding area, and will not interfere with television, telephone and radio reception in nearby residential areas.
(1) Maximum height.
A. The maximum height of any new ground mounted wireless telecommunication facility shall be the minimum height demonstrated to be necessary by the applicant for reasonable communication, and shall not exceed 70 feet, except that the Village Council may approve a greater height up to ten feet above the average tree canopy height within 150 feet of the facility, if the Council deems the increased height to be necessary or appropriate, based on the following considerations:
1. Effects of topography, terrain and nearby tree canopy on transmission or reception ability.
2. Construction and design of facilities in regard to safety regulations and fall zone requirements.
3. Visual impact on surrounding properties and existing or proposed screening and buffering.
4. Minimization or elimination of need or demand for additional facilities due to increased colocation ability.
B. Any accessory building contemplated to enclose such things as switching equipment shall be limited to the maximum height for accessory structures within the zoning district.
(2) Setback. The setback from the lot line of a ground mounted wireless telecommunication facility shall be equal to the fall zone which shall be no less than the height of the structure, unless it can be demonstrated and certified by a State licensed and registered professional engineer, to the satisfaction of the Village’s Engineer or consultant, that the area within which there is a potential hazard from falling ice or debris or collapsing material is less than the height of the structure. Setbacks for equipment, support shelter or structures, and fence enclosures shall be in accordance with the required setbacks for the main or principal buildings as provided in the schedule of regulations for the zoning district in which the ground mounted wireless telecommunication facility is located.
(3) Access. There shall be unobstructed access to the ground mounted wireless telecommunication facility, for operation, maintenance, repair and inspection purposes, which may be provided through an easement. This access shall have a width and location determined by such factors as the location of adjacent thoroughfares and traffic circulation within the site; utilities needed to service the wireless telecommunication facility; the location of buildings and parking facilities, proximity to residential districts and minimizing disturbance to the natural landscape; and the type of equipment which will be needed to access the site.
(4) Land Division. The division of land for the purpose of locating a ground mounted wireless telecommunication facility is prohibited unless all zoning requirements and conditions are met.
(c) Standards Applicable to Location on Existing Structure. An applicant may locate a wireless telecommunication facility on an existing support structure, including a structure, building, tower or pole, provided it shall not increase the height of the existing structure by more than 20 feet and shall be camouflaged. Setback regulations of the zoning district shall apply. Where a wireless telecommunication facility is proposed on the roof of a building, it shall be designed, constructed and maintained to be architecturally compatible with the principal building. The equipment enclosure may be located within the principal building or may be an accessory building, provided that an accessory building conforms with all district requirements for accessory buildings, including yard setbacks and building height.
(d) Additional Standards Applicable to All Wireless Telecommunication Facilities.
(1) Color. The Planning Commission shall, with respect to the color of the wireless telecommunication facility and all accessory buildings, review and approve the same so as to minimize distraction, reduce visibility, maximize aesthetic appearance, and ensure compatibility with surroundings. Metal structures shall be constructed of, or treated with, corrosion-resistant material. It shall be the responsibility of the applicant to maintain the wireless telecommunication facility in a neat and orderly condition.
(2) Construction Code Compliance. Wireless telecommunication facilities shall be constructed in accordance with all applicable construction codes and shall include the submission of a certification from a State-licensed and registered professional engineer that the structure will withstand high winds and foreseeable impacts, and that the likelihood of failure or collapse is insignificant; and shall also include a soils report from a geotechnical engineer licensed in the State. The soils report shall include soil borings and statements confirming the suitability of soil conditions for the proposed use. The requirements of the Federal Aviation Administration (FAA), the Federal Communication Commission (FCC), and the Michigan Aeronautics Commission shall be noted.
(3) Maintenance Plan. A maintenance plan, and any applicable maintenance agreement, shall be presented as part of the site plan for the proposed facility. Such plan shall be designed to ensure the long term, continuous maintenance to a reasonably diligent standard.
(4) Camouflage.
A. Camouflage for facilities on existing structures - roof mounts. When a wireless telecommunication facility extends above the roof height of a structure on which it is mounted, the facility shall be disguised, concealed or camouflaged within or behind existing or new architectural features to limit its visibility from public ways. Facilities mounted on a roof shall be set back from the front facade in order to minimize their visual impact.
B. Camouflage for facilities on existing structures - side mounts. Wireless telecommunication facilities that are side mounted shall blend with the existing structure’s architecture and, if individual antenna panels are more than five square feet, the panels shall be painted or shielded with material consistent with the design features and materials of the existing structure.
C. Camouflage for ground mounted facilities. All ground mounted wireless telecommunication facilities shall be surrounded by a dense vegetative buffer to screen the view of the facility in all directions. This buffer must be existing on the subject property planted on site, or be within a landscape easement on an adjoining site. The Village Council shall have the authority to decrease, relocate or alter the required buffer based on site conditions. The vegetative buffer area shall be protected by a landscape easement or be within the area of the applicant’s lease. The easement or lease shall specify that the trees within the buffer shall not be removed or topped, and that dead or dying trees shall be replaced.
(5) Equipment Shelters. Equipment shelters for wireless telecommunication facilities shall be designed consistent with one of the following design standards:
A. Equipment shelters shall be located in underground vaults;
B. Equipment shelters shall be designed so that the shelters are architecturally consistent, with respect to materials and appearance, to the buildings in the area of the wireless telecommunication facility;
C. Equipment shelters shall be camouflaged behind an effective year-round landscape buffer, equal to the height of the proposed shelter and/or wooden fence. The Planning Commission shall determine the style of fencing and/or landscape buffer that is compatible with the neighborhood; or
D. If mounted on a rooftop, the equipment shall be concealed or camouflaged so that the shelter either is not visible at grade or appears to be a part of the original structure.
(6) Lighting and Signs.
A. Lighting.
1. The mounts of personal wireless service facilities shall be lighted only if required by the Federal Aviation Administration (FAA).
2. Lighting of equipment structures and any other facilities on site shall be shielded from abutting properties. Foot-candle measurements at the property line shall be 0.0 initial foot candles.
B. Signs. Signs shall be limited to those needed to identify the property and the owner and warn of any danger. All signs shall comply with the requirements of Chapter 1474 of the Village Code.
(7) Antenna Types. Any antenna array placed upon an existing or proposed ground mount, utility pole or transmission line mount shall extend no more than two feet in any direction from the center of the pole or mount. A larger diameter antenna array may be permitted after a finding by the Village Council that the visual impacts of a larger antenna array are negligible.
(8) Ground and Roof Mounts. All ground mounts shall be of a mast type mount. Lattice towers, guyed towers and roof-mounted monopoles are expressly prohibited.
(9) Hazardous Waste. No hazardous waste shall be discharged on the site of any wireless telecommunication facility. If any hazardous materials are to be used on site, there shall be provisions for full containment of such materials. An enclosed containment area shall be provided with a sealed floor, designed to contain at least 110% of the volume of the hazardous materials stored or used on the site.
(Ord. 98-41. Passed 3-16-98; Ord. 2003-06. Passed 11-10-03; Ord. 2004-04. Passed 12-13-04; Ord. 2013-10. Passed 10-14-13.)