Section
152.01 Purpose
152.02 Definitions
152.03 General requirements
152.04 Special use permits
152.05 Processing special use applications
152.06 Factors considered in granting special permits for towers or antennas
152.07 Availability of suitable existing towers, antennas or other structures or alternative technology
152.08 Setbacks
152.09 Removal of abandoned antennas and towers
152.10 Non-conforming uses
152.11 Effective date
(A) The purpose of this chapter is to establish general guidelines for the setting of wireless communications towers and antennas.
(B) The goals of this chapter are to:
(1) Protect residential areas and land uses from potential adverse impacts of towers and antennas;
(2) Encourage the location of towers in non-residential areas;
(3) Minimize the total number of towers throughout the township;
(4) Strongly encourage the joint use of new and existing tower sites as a primary option rather than construction of additional single-use towers;
(5) Encourage users of towers and antennas to locate them to the extent possible, in areas where the adverse impact on the township is minimal;
(6) Encourage users of towers and antennas to configure them in a way that minimizes their adverse visual impact through careful design, siting, landscape screening and innovative camouflaging techniques;
(7) Enhance the ability of the providers of telecommunications services to provide such services to the township quickly, effectively and efficiently;
(8) Consider 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) In furtherance of these goals, the township shall give due consideration to its Master Land Use Plan, zoning map, existing land uses and environmentally sensitive areas in approving sites for the location of towers and antennas.
(Prior Code, Ch. XXI, § 21.000) (Ord. 2000-4, passed 8-29-2000)
For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ALTERNATIVE TOWER STRUCTURE. Human-made truss, clock towers, bell steeples, light poles and similar alternative-design mounting structures that camouflage or conceal the presence of antennas or towers.
ANTENNA. Any exterior transmitting or receiving device mounted on a tower, building or structure and used in communications that radiate or capture electromagnetic waves, digital signals, analog signals, radio frequencies (excluding radar signals), wireless communications signals or other communication signals.
BACKHAUL NETWORK. The lines that connect the provider’s towers/cell sites to one or more cellular telephone switching offices and/or long distance providers or the public switched telephone network.
CO-LOCATION. The use of a common structure, tower or building by two or more wireless communications providers at a single location, with the view toward reducing the number of overall structures required in the township.
FAA. The Federal Aviation Administration.
FCC. The Federal Communications Commission.
HEIGHT. When referring to a tower or other building or structure upon which an antenna is mounted, the distance measured from the finished grade of the parcel at the center of the front of the building or structure to the highest point on the tower or other building or structure, including the base pad and any antenna.
LATTICE TOWER. A support structure constructed of vertical metal struts and cross-braces, forming a triangular or square structure which often tapers from the foundation to the top.
PRE-EXISTING TOWERS and PRE-EXISTING ANTENNAS. Any tower or antenna for which a building permit or special use permit has been properly issued prior to the effective date of the amendment adding these sections, or any tower or antenna for which no building and/or special use permit was required, including permitted towers or antennas that have not yet been constructed so long as such approval is current and not expired.
TOWER. Any structure that is designed and constructed primarily for the purpose of supporting one or more antennas for telephone, radio and similar communication purposes, including self-supporting (i.e., without guy wires or other external means of support) lattice towers or monopole towers. The term includes radio and television transmission towers, micro-wave towers, common-carrier towers, cellular telephone towers, alternative tower structures and the like. The term includes the structure and support thereto.
WIRELESS COMMUNICATIONS FACILITY. Includes all structures noted in the definition of “tower” above and all accessory equipment and buildings relating to the transmission and reception of radio signals.
(Prior Code, Ch. XXI, § 21.001) (Ord. 2000-4, passed 8-29-2000)
(A) Principal or accessory use. Antennas and towers may be considered either principal or accessory uses. A different existing use of an existing building or structure on the same lot shall not prelude the installation of an antenna or tower on such lot.
(B) Lot size. The lot on which the tower is located is not required to have public or private road frontage, but can be accessed by means of a 20-foot easement and must have at least a one to one ratio of tower height to ensure fall zone to adjacent properties.
(C) Easement for ingress and egress. A minimum 20-foot wide easement is required where permitted.
(D) Inventory of existing sites. Each applicant for an antenna and/or tower shall provide to the Zoning Administrator an inventory of its 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 border thereof, including specific information about the location, height and design of each tower or antenna. The Zoning Administrator may share such information with other applicants applying for permits under this chapter or other organizations seeking to locate towers or antennas within the jurisdiction to the township; provided, however, that, the Zoning Administrator is not, by sharing such information, in any way representing or warranting that such sites are available or suitable.
(E) Aesthetics. Towers and antennas shall meet the following requirements.
(1) 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.
(2) At the 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 building.
(3) If an antenna is installed on a structure other than a tower, the antenna and 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.
(E) 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. The light at the top of the tower must flash red from dusk until dawn.
(F) 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 tower and antennas governed by this chapter shall, to the extent required by the FAA or the FCC, bring such towers and antennas into compliance with such revised 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 of federal agency. Failure to bring towers and antennas into compliance with such revised standards and regulations shall constitute grounds for the township to seek a court order, authorizing the township or its designee to remove the tower or antenna at the owner’s expense.
(G) Building codes; safety standards. To ensure the structural integrity of towers and antennas, the owner of a tower or antenna shall ensure that it is maintained in compliance with standards contained in applicable state or local building codes and the applicable standards for towers and antennas that are published by the Electronics Industries Association, or any similar successor organization, as amended from time to time. If, upon inspection, the township believes that a tower or antenna fails to comply with such codes and standards and constitutes a danger to persons or property, then the township may proceed under applicable state law (i.e., Public Act 144 of 1992, being M.C.L.A. §§ 125.539 through 125.542, 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.
(H) Not essential services. Towers and antennas shall be regulated and permitted pursuant to this chapter and shall not be regulated or permitted as essential services, public utilities or private utilities.
(I) Franchises. Owners and/or operators of towers or antennas shall certify that all franchises required by law for the construction an/or operation of a wireless communication system in the township have been obtained and shall file a copy of all required franchises with the Zoning Administrator.
(J) Public notice. For purposes of this chapter, any special use request, variance request or appeal shall require public notice to all abutting property owners and all properties that are located with corresponding separation distance listed, in addition to any notice otherwise required by this chapter and the Zoning Act, being M.C.L.A. §§ 125.3101 et seq.
(K) Signs. No signs or advertising shall be allowed on an antenna, tower or facility, except for a required informational sign listing parties responsible for activities on the site.
(L) Buildings and support equipment. Accessory buildings shall not be greater than 144 square feet and no more than ten feet in height.
(M) Multiple antenna/tower plan. The township encourages the users of towers and antennas to submit a single application for approval of as many towers and/or antenna sites as the user deems necessary to provide coverage for the particular use throughout the township. Applications for approval of multiple sites shall be given priority in the review process over applications for approval of single sites.
(N) Metal towers. Metal towers shall be constructed with a corrosion-resistant material or coating.
(O) No interference. Towers and antennas shall not interfere with television or radio reception on surrounding properties.
(P) Paving requirements. Parking and drive areas are not required to be paved. However, accessibility to the site must be maintained at all times in case of emergency.
(Prior Code, Ch. XXI, § 21.002) (Ord. 2000-4, passed 8-29-2000) Penalty, see § 10.99
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