(A) Purpose and intent.
(1) It is the general purpose and intent of the village to carry out the will of the United States Congress by authorizing communication facilities needed to operate wireless communication systems. However, it is the further purpose and intent of the village to provide for the authorization in a manner which will retain the integrity of neighborhoods and the character, property values, and aesthetic quality of the community at large. In fashioning and administering the provisions of this section, attempt has been made to balance these potentially competing interests.
(2) Recognizing the number of providers authorized to establish and operate wireless communication services and coverage, it is the further purpose and intent of this section to:
(a) Facilitate adequate and efficient provision of sites for wireless communication facilities and ensure that wireless communication facilities are situated in appropriate locations and relationships to other land uses, structures, and buildings;
(b) Establish predetermined districts or zones of the number, shape, and in the location, considered best for the establishment of wireless communication facilities, subject to applicable standards and conditions;
(c) Recognize that operation of a wireless communication system may require the establishment of facilities in locations not within the predetermined districts or zones;
(d) Minimize the adverse impacts of technological obsolescence of the facilities, including a requirement to remove unused and/or unnecessary facilities in a timely manner; and
(e) Minimize the negative visual impact of wireless communication facilities on neighborhoods, community land marks, historic sites and buildings, natural beauty areas, and public rights-of-way.
(B) Authorization.
(1) Subject to the standards and conditions set forth in division (C) below, wireless communication facilities shall be permitted uses in the following circumstances, and in the following districts.
(a) Circumstances creating permitted use treatment. In all zoning districts, a proposal to establish a new wireless communication facility shall be deemed a permitted use in the following circumstances:
1. An existing structure which will serve as an attached wireless communication facility within a nonresidential zoning district, where the existing structure is not, in the discretion of the Zoning Administrator, proposed to be either materially altered or materially changed in appearance;
2. A proposed collocation upon an attached wireless communication facility which had been pre-approved for the collocation as part of an earlier approval by the village; and/or
3. An existing structure which will serve as an attached wireless communication facility consisting of a utility pole located within a right-of-way, where the existing pole is not proposed to be modified in a manner which, in the discretion of the Zoning Administrator, would materially alter the structure and/or result in an impairment of sight lines or other safety interests.
(b) Permitted use districts. Wireless communication facilities shall be a permitted use in the I-2 Industrial District.
(2) If it is demonstrated by an applicant that a wireless communication facility is required to be established outside of a district identified in division (B)(1) above, in order to operate, the wireless communication facilities may be permitted elsewhere in the community as a conditional land use, subject to the requirements and standards of § 151.022 and the following.
(a) At the time of the submittal, the applicant shall demonstrate that a location within the areas identified in division (B)(1) above cannot reasonably meet the coverage and/or capacity needs of the applicant.
(b) Locations outside of the districts identified in division (B)(1) above shall be permitted on the following sites, subject to application of all other standards contained in this section:
1. Municipally owned site;
2. Other governmentally owned site;
3. Religious or other institutional site;
4. Public park and other large permanent open space areas when compatible;
5. Public or private school site;
6. Other locations if none of the above is available; and
7. Wireless communication facilities shall be of a design such as (without limitation) a steeple, bell tower, or a form which is compatible with the existing character of the proposed site, neighborhood, and general area, as approved by the village.
(3) All other criteria and standards set forth in § 151.085(C) and (D) are met.
(C) General regulations.
(1) Standards and conditions applicable to all facilities. All applications for wireless communication facilities shall be reviewed, constructed, and maintained in accordance with the following standards and conditions. In addition, if the facility is approved, it shall be constructed and maintained with any additional conditions imposed by the village in its discretion.
(a) Facilities shall not be demonstrably injurious to neighborhoods or otherwise detrimental to the public safety and welfare.
(b) Facilities shall be located and designed to be harmonious with the surrounding areas.
(c) Facilities shall comply with applicable federal and state standards relative to the environmental effects of radio frequency emissions.
(d) The following additional standards shall be met.
1. The maximum height of the new or modified support structure and antenna shall be the minimum height demonstrated to be necessary for reasonable communication by the applicant and by other entities to collocate on the structure. Applicants shall demonstrate a justification for the proposed height of the structures and an evaluation of alternative designs which might result in lower heights.
2. The accessory building contemplated to enclose switching equipment shall be limited to the maximum height for accessory structures within the respective district.
3. The setback of the support structure from any residential district shall be no less than the height of the structure. The setback of the support structure from any existing or proposed rights-of-way or other publicly traveled roads shall be no less than the height of the structure.
4. Where the proposed new or modified support structure abuts a parcel of land zoned for a use other than residential, the minimum setback of the structure, and accessory structures, shall be in accordance with the required setbacks for principal buildings as provided in the schedule of regulations for the zoning district in which the support structure is located.
5. There shall be an unobstructed paved access drive to the support structure, for operation, maintenance, repair, and inspection purposes, which may be provided through or over an easement. This access drive shall be a minimum of 14 feet in width.
6. The division of property for the purpose of locating a wireless communication facility is prohibited unless all zoning requirements and conditions are met.
7. Where an attached wireless communication facility is proposed on the roof of a building, any equipment enclosure 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. If proposed as an accessory building, it shall conform with all district requirements for principal buildings, including yard setbacks.
8. The village shall review and approve the color of the support structure and all accessory buildings, so as to minimize distraction, reduce visibility, maximize aesthetic appearance, and ensure compatibility with surroundings. It shall be the responsibility of the applicant to maintain the wireless communication facility in a neat and orderly condition.
9. The support system shall be constructed in accordance with all applicable building codes and shall include the submission of a soils report from a geotechnical engineer, licensed in the State of Michigan. This soils report shall include soil borings and statements indicating the suitability of soil conditions for the proposed use. The requirements of the Federal Aviation Administration, Federal Communication Commission, and Michigan Aeronautics Commission shall be noted.
10. A maintenance plan, and any applicable maintenance agreement, shall be presented and approved as part of the site plan for the proposed facility. The plan shall be designed to ensure the long-term, continuous maintenance to a reasonably prudent standard.
(2) Standards and conditions applicable to conditional land use facilities. Applications for wireless communication facilities which may be approved as conditional land uses shall be reviewed, and if approved, constructed and maintained, in accordance with the standards and conditions in division (C)(1) above and in accordance with the following standards.
(a) The applicant shall demonstrate the need for the proposed facility to be located as proposed based upon the presence of 1 or more of the following factors:
1. Proximity to a major thoroughfare;
2. Areas of population concentration;
3. Concentration of commercial, industrial, and/or other business centers;
4. Areas where signal interference has occurred due to tall buildings, masses of trees, or other obstructions;
5. Topography of the proposed facility location in relation to other facilities with which the proposed facility is to operate; and/or
6. Other specifically identified reason creating facility need.
(b) The proposal shall be reviewed in conformity with the collocation requirements of this section.
(D) Application requirements.
(1) A site plan prepared in accordance with § 151.023;
(2) The site plan shall also include a detailed landscaping plan illustrating screening and aesthetic enhancement for the structure base, accessory buildings, and enclosure. In all cases, there shall be shown on the plan fencing which is required for protection of the support structure and security from children and other persons who may otherwise access facilities;
(3) The application shall include a signed certification by a State of Michigan licensed professional engineer with regard to the manner in which the proposed structure will fall, which certification will be utilized, along with other criteria such as applicable regulations for the district in question, in determining the appropriate setback to be required for the structure and other facilities;
(4) The application shall include a description of security to be posted at the time of receiving a building permit for the facility to ensure removal of the facility when it has been abandoned or is no longer needed, as provided in division (F) below. In this regard, the security shall, at the election of the applicant, be in the form of:
(a) Cash;
(b) Surety bond;
(c) Letter of credit; or
(d) An agreement in a form approved by the Village Attorney and recordable at the office of the Register of Deeds, establishing a promise of the applicant and owner of the property to timely remove the facility as required under this section, with the further provision that the applicant and owner shall be responsible for the payment of any costs and attorneys fees incurred by the village in securing removal.
(5) The application shall include a map showing existing and known proposed wireless communication facilities within the village, and further showing existing and known proposed wireless communication facilities within areas surrounding the borders of the village in the location, and in the area, which are relevant in terms of potential collocation or in demonstrating the need for the proposed facility. If and to the extent the information in question is on file with the community, the applicant shall be required only to update as needed. Any proprietary information may be submitted with a request for confidentiality in connection with the development of governmental policy, in accordance with M.C.L.A. § 15.243. This chapter shall serve as the promise to maintain confidentiality to the extent permitted by law. The request for confidentiality must be prominently stated in order to bring it to the attention of the village; and
(6) The name, address, and phone number of the person to contact for engineering, maintenance, and other notice purposes. This information shall be continuously updated during all times the facility is on the premises.
(E) Collocation.
(1) Statement of policy. It is the policy of the village to minimize the overall number of newly established locations for wireless communication facilities and encourage the use of existing structures.
(2) Feasibility of collocation. Collocation shall be deemed to be feasible for purposes of this section where all of the following are met.
(a) The wireless communication provider entity under consideration for collocation will undertake to pay market rent or other market compensation for collocation.
(b) The site on which collocation is being considered, taking into consideration reasonable modification or replacement of a facility, is able to provide structural support.
(c) The collocation being considered is technologically reasonable, e.g., the collocation will not result in unreasonable interference, given appropriate physical and other adjustment in relation to the structure, antennas, and the like.
(d) The height of the structure necessary for collocation will not be increased beyond a point deemed to be permissible by the village, taking into consideration the standards set forth in this section.
(3) Requirements for collocation.
(a) Approval for the construction and use of a new wireless communication facility shall not be granted unless and until the applicant demonstrates that a feasible collocation is not available for the coverage area and capacity needs.
(b) All new and modified wireless communication facilities shall be designed and constructed so as to accommodate collocation.
(c) If a party who owns or otherwise controls a facility shall fail or refuse to alter a structure so as to accommodate a proposed and otherwise feasible collocation, the facility shall thereupon and thereafter be deemed to be a nonconforming structure and use, and shall not be altered, expanded, or extended in any respect.
(F) Removal.
(1) The village reserves the right to request evidence of ongoing operation at any time after the construction of an approved tower.
(2) A condition of every approval of a wireless communication facility shall be adequate provision for removal of all or part of the facility by users and owners upon the occurrence of 1 or more of the following events:
(a) When the facility has not been used for 180 days or more. For purposes of this section, the removal of antennas or other equipment from the facility, or the cessation of operations (transmission and/or reception of radio signals) shall be considered as the beginning of a period of nonuse; and/or
(b) Six months after new technology is available at reasonable cost as determined by the municipal legislative body, which permits the operation of the communication system without the requirement of the support structure.
(3) The situations in which removal of a facility is required, as set forth in division (F)(2) above, may be applied and limited to portions of a facility.
(4) Upon the occurrence of 1 or more of the events requiring removal, specified in division (F)(2) above, the property owner or persons who had used the facility shall immediately apply or secure the application for any required demolition or removal permits, and immediately proceed with and complete the demolition/removal, restoring the premises to an acceptable condition as reasonably determined by the Zoning Administrator.
(5) If the required removal of a facility or a portion thereof has not been lawfully completed within 60 days of the applicable deadline, and after at least 30-days’ written notice, the village may remove or secure the removal of the facility or required portions thereof, with its actual cost and reasonable administrative charge to be drawn or collected from the security posted at the time application was made for establishing the facility.
(Ord. 239, passed 3-5-2001, § 5.23) Penalty, see § 151.999