The purpose of this article is to ensure that wireless communication facilities are located, constructed and maintained in the Township in a manner which will maintain the integrity, character, property values and aesthetic quality of the affected neighborhood and the Township at large. It is the further purpose of this section to:

(1)

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.

(2)

Limit inappropriate physical and aesthetic overcrowding of land use activities and avoid adverse impact upon existing populations, transportation systems, and other public services and facility needs.

(3)

Promote the public health, safety and welfare.

(4)

Provide for adequate information about plans for wireless communication facilities in order to permit the community to effectively plan for the location of such facilities.

(5)

Minimize the adverse impact of technological obsolescence of such facilities, including a requirement to remove unused and/or unnecessary facilities in a timely manner.

(6)

Minimize the negative visual impact of wireless communication facilities on neighborhoods, community landmarks, historic sites and buildings, natural beauty areas and public rights-of-way. This purpose contemplates the establishment of as few towers as reasonably feasible, and the use of towers which are designed for compatibility, including the use of existing towers.

(Ord. No. 1-2013, 1-21-2013)

The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Collocate or collocation means to place or install wireless communications equipment on an existing wireless communications support structure or in an existing equipment compound with a view toward reducing the overall number of towers within the Township.

Provider means an entity which is properly licensed by the Federal Communications Commission (FCC) and other appropriate governmental authorities to provide services through wireless communications facilities.

Wireless communications antenna or antenna means any antenna used for the transmission or reception of wireless communication signals excluding those used exclusively for dispatch communications by public emergency agencies, ham radio antenna, satellite antenna, those which receive video programming services via multipoint distribution services which are one meter (39 inches) or less in diameter and those which receive television broadcast signals.

Wireless communications equipment compound or equipment compound means an area surrounding or adjacent to the base of a wireless communications support structure and within which wireless communications equipment is located.

Wireless communication equipment or equipment means the set of equipment and network components used in the provision of wireless communications service, including, but not limited to, antennas, transmitters, receivers, base stations, equipment shelters, cabinets, emergency generators, power supply cables, and coaxial and fiber optic cables, but excluding wireless communications support structures.

Wireless communications facilities or facility means the wireless communications antennae, equipment, equipment compound and tower, and any related accessory structures, landscaping and improvements. Not included in this definition are citizen band radio facilities, shortwave facilities, ham or amateur radio facilities, satellite dishes for residential use, and governmental facilities which are subject to state or federal law or regulations which preempt municipal regulatory authority.

Wireless communications support structure or tower means a structure erected or modified to support wireless communications antennae or equipment including a monopole, self-supporting lattice tower, utility pole, guyed tower, water tower, building or other structure.

(Ord. No. 1-2013, 1-21-2013)

(a)

Permitted accessory use of antennae and other equipment. To encourage collocation and to minimize the number of towers within the Township, an antenna or other equipment shall be considered a permitted accessory use when all of the following are met:

(1)

The proposed collocation will be placed on or attached to a lawfully existing and approved tower, or within a lawfully existing and approved equipment compound.

(2)

The proposed collocation will comply with the terms and conditions of any previous final approval of the tower or equipment compound by the Township.

(3)

The proposed collocation will not do any of the following:

a.

Increase the overall height of the existing tower by more than 20 feet or by more than ten percent of the original tower height, whichever is greater;

b.

Increase the existing tower width by more than the minimum necessary to permit collocation;

c.

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

d.

Make any other modifications to the approved tower, including lights or guy wires or form, except as otherwise required by law.

The installation of an antenna and any other equipment that meets the conditions of this subsection (a) shall be subject to standards and conditions applicable to all facilities described in section 74-644, and the plan and application requirements of section 74-645(a), shall be reviewed on an administrative basis by the Building and Zoning Official, and shall not require approval as a conditional use.

(b)

Conditional uses. Except as provided in subsection (a) of this section, wireless communications facilities shall be conditional uses within the following districts, subject to the standards and conditions set forth in section 74-644, and the plan and application requirements of section 74-645(b), including, site plan review and conditional use permit: business (C-1) and (O), industrial (I-1) and (R-D), public land, and agricultural (A-1) so long as the property is not designated as residential under the Township's master plan, and recreation conservation (R-C) within 100 feet of a limited access highway.

(c)

Special districts. Except as provided in subsection (a) of this section, wireless communications facilities shall be considered a permitted principal use in the office park and RRA districts subject to the standards of section 74-644, and the plan and application requirements of section 74-645(b), including site plan review, except no conditional use permit shall be required. Except as provided in subsection (a) of this section, any proposed new facility in the office park or RRA district shall be considered a major change in the area plan requiring area plan amendment within such district in addition to compliance with this article.

(d)

Other districts. Wireless communication facilities shall not be permitted uses or conditional uses in other districts except as described in subsections (a), (b) and (c) of this section.

(Ord. No. 1-2013, 1-21-2013)

All applications for wireless communications facilities shall be reviewed in accordance with the following standards and conditions, and if approved shall be constructed and maintained in accordance with such standards and conditions. In addition, the standards and procedures set forth in article II, division 3 of this chapter, governing conditional use permits, shall apply to proposed facilities that may be approved as conditional uses in accordance with this article. Upon compliance with the provisions of this article, such facilities shall be exempt from other height regulations of the Township ordinances.

(1)

Public safety. The facilities shall not be demonstrably injurious to neighborhoods or otherwise detrimental to the public safety and welfare.

(2)

Harmony with surrounding areas. The facilities shall be located and designed to be harmonious with the surrounding areas.

(3)

Compliance with federal and state standards. The facilities shall comply with applicable federal and state standards relative to the environmental effects of radio frequency emissions.

(4)

Justification for height, width and size. The applicant shall demonstrate a justification for the proposed height, width and size of the tower, equipment and antenna and an evaluation of alternative designs which might result in lower height, width and size for use by the applicant, based on an independent evaluation of a licensed engineer. The maximum height, width and size of the tower, equipment and antenna shall be the minimum height, width and size demonstrated to be necessary for reasonable wireless communications by the applicant (and by other entities to collocate on the structure). The equipment compound shall be limited to the minimum dimensions necessary to house the applicant's equipment.

(5)

Applicant licensed as provider. The applicant shall demonstrate that it is properly licensed as a provider.

(6)

Setback.

a.

The setback of the tower from any residential district lot line shall be at least one and one-half times the height of the tower and antenna.

b.

The setback of the tower from any existing or proposed public or private roads shall be no less than the height of the tower and antenna.

c.

Where the proposed new or modified wireless communications support structure abuts a parcel of land zoned for a use other than residential, the minimum setback of the tower and accessory structures shall be the required setback for main or principal buildings as provided in the zoning ordinance for the district.

(7)

Access. There shall be unobstructed access to the facility for operation, maintenance, repair and inspection purposes, that may be provided through or over an easement. This access shall have a width and location determined by such factors as: the location of adjacent thoroughfares, traffic and circulation within the site, utilities needed to serve the tower and other facilities, the location of buildings and parking facilities, proximity to residential districts, minimizing disturbance to the natural landscape, and the type of service that will be needed at the site. The minimum standards for such access road shall be a 15-foot width, gravel road with suitable drainage.

(8)

Division of property. The division of property for the purpose of locating a facility is prohibited unless all requirements of the Township ordinances are met.

(9)

Color; maintenance. The color of the tower and equipment building shall be designed to minimize distraction, reduce visibility, maximize aesthetic appearance, and ensure compatibility with surroundings. The applicant and owner shall maintain the facility in a safe, neat and orderly condition.

(10)

Compliance with building code; suitability of soil; compliance with FAA and other requirements.

a.

The facility including the tower, equipment, equipment compound and antenna shall be constructed in accordance with all applicable building codes.

b.

The applicant shall submit a soils report from a geotechnical engineer, licensed by the state confirming the suitability of soil conditions for the proposed facility.

c.

The applicant shall provide proof of compliance with all requirements of the Federal Aviation Administration (FAA), FCC and state aeronautics commission for the facility.

(11)

Advertising and lighting. The facility shall not be used for advertising purposes and shall contain no signs or lighting except to identify the provider and emergency telephone numbers and as may be required by the FAA.

(12)

Maintenance plan. A maintenance plan for the facility shall be provided by the applicant for review and approval by the applicable Township body in order to ensure long-term, continuous maintenance of the facility.

(13)

Demonstration of need. The applicant shall demonstrate the need for the facility based on the following factors:

a.

Proximity to an interstate 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 and other obstructions.

e.

Topography of the proposed facility location in relation to other facilities with which the proposed facility is to operate.

f.

Other specifically identified reasons creating a need for the facility.

g.

Effect on property values.

h.

Compliance with section 74-646 below.

(14)

Design. The tower shall be a monopole design unless the applicant can demonstrate that such a design is not feasible for the proposed tower.

(Ord. No. 1-2013, 1-21-2013)

(a)

Collocation. For a collocation that qualifies as a permitted accessory use under section 74-643(a), the applicant shall submit the following to the Building and Zoning Official for review on an administrative basis and approval or denial of a Zoning Compliance Certificate based on the standards set forth in this article:

(1)

Plan requirement for collocation. An application for zoning compliance certificate shall be provided to the Building and Zoning Official along with a scaled, dimensioned plan of the existing wireless communications facilities, the proposed collocation antennae or other equipment, and any other proposed modifications to the site. The plan shall be prepared by a professional engineer, architect, planner, landscape architect, or land surveyor registered in the State of Michigan, whose seal is affixed to the first sheet. The Building and Zoning Official has the authority to require additional information to confirm that the proposed changes meet the requirements of subsection 74-643(a) and the standards and conditions listed in section 74-644.

(2)

Review standards. The application shall be reviewed in accordance with the following standards:

a.

The application contains all required information and all required fees have been paid.

b.

All requirements of section 74-643(a)(1)(2) and (3) and MCL 125.3514(1)(a), (b), (c) and (d) have been met.

c.

The standard and conditions of section 74-644 have been met.

(b)

Other facilities. Except for collocations that qualify as a permitted accessory use under section 74-643(a), site plan review and approval is required for every wireless communications facility in accordance with Chapter 74, Article II, Division 4. The site plan shall show the location, size, screening and design of the tower, the equipment compound and other facilities, and all adjacent buildings and structures, including fences, and the location, number, and species of trees and shrubs, and the location and design of vehicular access. The site plan shall be accompanied by the information described in 74-645B (b) through (g). In addition, for wireless communications facilities described in Section 74-643(b), a conditional use permit in accordance with Chapter 74, Article II, Division 3 shall be required. Such site plan review and conditional use permit review procedures are modified as set forth in 74-645(b)(1) below.

(1)

Review procedures.

a.

Within 14 business days after receipt of an application for a conditional use permit under this article, the Township shall notify the applicant in writing if the application is incomplete or if any fee is unpaid along with a statement of the information or fee needed. The application shall not be considered complete until (i) all of the requirements for a combined preliminary and final site plan have been submitted in accordance with Chapter 74, Article II, Division 4 as determined by the Building and Zoning Official after review by Township consultants, (ii) submission of all information required by Section 74-645(b)(2) through (g), and (iii) the applicant posts the sign required by Section 74-133 and 74-61(g) after establishment of the public hearing date. Provided, the Building and Zoning Official is authorized to establish the date of the public hearing after receipt of the information set forth in (i) and (ii) above, notwithstanding section 74-133.

b.

Except as provided in c. below, the Township Board, after recommendation by the Planning Commission, shall approve or deny the application not more than 90 days after the application is considered complete, unless the applicant agrees to an extension of such time period.

c.

For a collocation project that meets the requirements of Section 74-643(a)(1), but does not meet the requirements of Section 74-643(a)(2) or (3), the Township Board, after recommendation by the Planning Commission, shall approve or deny the application not more than 60 days after the application is considered complete, unless the applicant agrees to an extension of such time period.

(2)

Landscaping plan. The site plan shall include a detailed landscaping plan to provide screening and aesthetic enhancement of the tower base, storage buildings and surrounding areas.

(3)

Fencing. The site plan shall show fencing designed to protect the facility and to provide security from unauthorized entry as appropriate, and any alternate or additional security measures.

(4)

Fall zone. The plan submittal shall include certification signed by a state licensed professional engineer certifying the fall zone of the tower and the manner in which the tower will fall. This certification will be used along with other criteria such as applicable setback requirements for the district in determining the appropriate setback for the tower and other facilities as described in subsections 74-644(6)b and c.

(5)

Security. The plan submittal shall include a description of the 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 used, as provided in section 74-647. The security shall be in the form of: cash, surety bond, or letter of credit, together with an agreement in the form approved by the Township providing for removal of the facility as described in section 74-647. The provider shall submit an estimate of the cost of removal of the facility, certified by a licensed engineer for the Township's use in determining the security to be posted.

(6)

Map of existing, proposed and projected facilities. The plan submittal shall include a map showing existing, known proposed and projected potential facilities within the Township for the next five years, and existing and known proposed facilities within areas surrounding the Township in order to determine potential collocation of facilities and to demonstrate the need for the proposed facility.

(7)

Contact person. The site plan submittal shall include the name, address and telephone number of the person to contact for engineering and maintenance of the facility. This information shall be kept current while the wireless communication facility is in operation and posted at the facility.

(8)

Conditions. Conditions for approval of the application shall be consistent with applicable Township ordinances, and other applicable, state, federal and local laws and ordinances.

(Ord. No. 1-2013, 1-21-2013)

(a)

Statement of policy. It is the policy of the Township to minimize the overall number of newly established wireless communications facilities, including towers within the Township and to encourage the use of existing towers.

(b)

Feasibility. Collocation shall be deemed to be feasible for purposes of this section in the following circumstances:

(1)

A provider will pay market rent or other market compensation for collocation.

(2)

The tower can provide structural support for additional antennae, taking into consideration reasonable modification or replacement of a facility.

(3)

The collocation is technologically reasonable.

(4)

The height of the tower necessary for collocation will not be increased beyond a point deemed to be permissible by the Township, taking into consideration the standards set forth in this chapter.

(c)

Requirements for collocation.

(1)

A permit for the construction and use of a new tower or facility shall not be granted unless the applicant demonstrates that a feasible collocation is not available for the coverage area and capacity needs.

(2)

All new and modified wireless communications facilities shall be designed and constructed so as to accommodate the maximum number of feasible providers for collocation.

(3)

If a provider fails or refuses to alter an existing wireless communications facility to accommodate a proposed and feasible collocation, such provider's facilities in the Township shall be deemed nonconforming uses and shall not be altered, expanded or extended in any respect.

(4)

If a provider fails or refuses to permit a feasible collocation, such provider shall be prohibited from receiving approval of a new facility for a period of ten years from the date of the failure to permit the collocation.

(d)

Notice of collocation. The applicant shall send a written notice to all potential providers offering an opportunity for collocation on the applicant's facility. Copies of the notice letter shall be provided to the Township at the time the application is filed. If during a period of 30 days after the notice letters are sent to potential providers, a provider requests collocation on the new facility, the applicant shall accommodate the request unless the applicant can demonstrate that collocation is not reasonably feasible based on the standards set forth in this section.

(Ord. No. 1-2013, 1-21-2013)

(a)

Conditions for removal. A condition of approval of a wireless communications facility shall be adequate provision for removal of the facility upon the occurrence of one or more of the following events:

(1)

Failure to use the facility for 180 days or more.

(2)

One hundred eighty days after new technology is available at reasonable cost as determined by the Township, which permits the operation of the facility without a tower. Each applicant shall certify its agreement to provide the Township with information on such new technology if and when it is available as part of the approval process.

(b)

Application for demolition or removal. Upon the occurrence of an event requiring removal of a facility, the provider shall promptly apply for demolition or removal of the facility and proceed with removal of the facility and restoring the affected area to a condition reasonably acceptable by the Township.

(c)

Failure of provider to remove. If a facility has not been removed within 60 days of the required removal date then after 30 days' written notice to the provider, the Township may remove or secure the removal of the facility. All costs including reasonable administrative charges of such removal shall be paid by the provider or collected from the security posted by the provider.

(Ord. No. 1-2013, 1-21-2013)