(a)

The purpose of this article is to establish general guidelines for the siting of communication towers as defined herein. The goals of this article are to:

(1)

Protect residential areas and land uses from potential adverse impacts of towers;

(2)

Encourage the location of towers in nonresidential areas;

(3)

Minimize the total number of towers throughout the township;

(4)

Strongly encourage co-location, 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 to locate them, to the extent possible, in areas where the adverse impact on the township is minimal;

(6)

Encourage users of towers to configure them in a way that minimizes the adverse visual impact of the towers 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 the public health and safety aspects of communication towers; and

(9)

Avoid potential damage to adjacent properties from tower failure through engineering and careful siting of tower structures.

(b)

In furtherance of these goals, the township board shall give due consideration to the township master plan, zoning map, existing land uses, and environmentally sensitive areas in approving sites for the location of towers.

(Ord. No. 90, § 23.01, 12-24-2016)

It is the intent of this article to prohibit the location of any tower permitted pursuant to this article from locating within 4,000 feet of the shoreline of Paw Paw or Little Paw Paw Lake, in order to protect the visual and recreational qualities of the township. The township board may, upon findings that there is no co-location opportunity and that there is no other feasible location, permit the location of a tower within the restricted area. Any such location shall be approved with such necessary conditions to minimize the impact on views and environmental impact.

(Ord. No. 90, § 23.02, 12-24-2016)

Co-location shall be the preferred means for the location of any antenna or antenna arrays in township. A new tower shall not be permitted while the township board deems co-location to be feasible. Co-location is feasible for purposes of this section where all of the following are met:

(1)

The communication tower owner or operator will charge reasonable market rent of or accept other reasonable compensation from the communication provider entity seeking co-location on the tower.

(2)

The site upon which co-location is being considered, taking into consideration reasonable modification or replacement of the facility, is able to provide structural support for the co-location.

(3)

The co-location being considered is technologically reasonable (e.g., the co-location will not result in unreasonable interference) given appropriate physical and other adjustments in relation to the structure, antennas, and the like.

(4)

The height of the structure necessary for co-location will not be increased beyond a point deemed to be permissible by the township board, taking into consideration the several standards contained in this section.

(Ord. No. 90, § 23.03, 12-24-2016)

In addition to the information required for applications for special land use permits under article X of this chapter, applicants for a special land use permit for a communication tower shall submit the following information:

(1)

A statement describing the feasibility of co-location. If co-location is unavailable or not practical the applicant shall provide a statement which identifies the facts, characteristics or circumstances which render co-location unavailable or technically not practical for the coverage area and capacity needs. Any such documentation must be verified by a licensed professional engineer in the state.

(2)

A map indicating the zoning classification of all other properties within a two-mile radius of the proposed site.

(3)

An engineering drawing of the tower design signed by a state licensed professional engineer or structural engineer verifying that the tower design meets all wind load and soil load bearing requirements for the intended site.

(4)

A proposed maintenance plan, any proposed applicable maintenance agreement, and a proposed plan for removal of the tower when it is no longer used. The plans or agreements shall be presented and approved as part of the site plan for the proposed facility. Such plan or agreement shall be designed to ensure long term, continuous maintenance to a reasonably prudent standard and provide for removal of any structures when they become economically or functionally obsolete or abandoned and may pose potential hazards if left standing.

(5)

The name, address and telephone number of the person to contact for engineering, maintenance and other notice purposes. This information shall be continuously updated by the applicant during all times the facility is on the premises.

(6)

A list of all property owners within a 1½-mile radius of the proposed site.

(7)

A map showing the locations, name and address of the owners or operators of any other communication towers within the township and any other tower within a five-mile radius of the proposed site not within the township, with each map identifying any other co-location utilized on each tower.

(8)

Evidence of proper access from a public or private road either by deed or easement.

(Ord. No. 90, § 23.04, 12-24-2016)

In addition to the general standards for a special land use permit set forth in article X of this chapter, the township board shall consider the following standards and conditions in determining whether to issue a special land use permit hereunder; although, the township board may waive or reduce the burden on the applicant of one or more of these standards and conditions if the township board concludes that such a waiver or reduction is consistent with the purposes of this section:

(1)

The height of the tower shall not exceed 200 feet from grade if located within the C-1 zoning district, or 300 feet from grade if located within an M-1, M-2 or AG-T or AG-P zoning district.

(2)

The proposed site shall meet the minimum lot size of the zoning district it is located in. If the site does not have direct public or private road frontage, it shall have accessibility by a recorded easement meeting the reasonable satisfaction of the township board as to its adequacy.

(3)

The use of guy wires is prohibited. All towers shall be self-supporting.

(4)

The base of the tower shall be fenced with a cyclone or other approved fence with a minimum height of six feet and shall be constructed in conformance with applicable township ordinance requirements.

(5)

The site shall have an access road or driveway.

(6)

The tower owner or operator shall offer space on the tower for communication devices for local non-profit agencies such as schools, ambulances, fire, city or township, etc.

(7)

The tower must be setback from all property lines a distance equal to its height plus 20 feet, unless engineering plans and specifications have been verified by the township engineer that the structural integrity of the tower will withstand high winds and impacts, and the likelihood of a tower failure is minimal. The applicant shall bear all costs associated with the township engineering review. If the above condition is met, the minimum distance from tower to property line shall be 75 feet.

(8)

Accessory structures are limited to uses associated with the operation of the tower and may not be located any closer to any property line than 30 feet).

(9)

Accessory structures shall not exceed 600 square feet of gross building area.

(10)

The division of property for the purpose of locating a communication tower is prohibited unless all zoning requirements and conditions are met. Any division of property shall meet the standards of this chapter A lease of land for more than one year is considered a division of property.

(11)

The tower foundation and construction plans shall be certified by a structural engineer licensed in the state.

(12)

The applicant shall provide verification that the antenna mount and structure have been reviewed and approved by a licensed professional engineer in the state and that the installation is in compliance with all applicable codes.

(13)

The applicant shall show evidence that the standards of the state, department of transportation, federal aviation administration and the federal communications commission have been met.

(14)

Metal towers shall be constructed of, or treated with, corrosive resistant material.

(15)

Antenna and metal towers shall be grounded for protection against a direct strike by lightning and shall comply as to electrical wiring and connections with all applicable local statutes, regulations and standards.

(16)

All signal and remote-control conductors of low energy extending substantially horizontally above the ground between a tower or antenna and a structure or between towers shall be at least eight feet above the ground at all points, unless buried underground.

(17)

Towers shall be located and designed so that they do not interfere with telephone, radio, and television reception in nearby residential areas.

(18)

Towers shall be located so as to allow maintenance vehicles to maneuver on the property.

(19)

The base of the tower shall occupy no more than 500 square feet.

(20)

Minimum spacing between communication tower locations shall be two miles to prevent a concentration of towers in the township.

(21)

Towers shall be artificially lighted only to the extent required by the FAA, or by the township board, whichever is greater. Where possible, considering all restrictions, any such lighting should not unduly interfere with the peace and repose of the surrounding land uses, whether or not in the same zoning district.

(22)

Existing on-site vegetation shall be preserved to the maximum extent practicable.

(23)

No advertisement or identification of any kind, except as required for emergency purposes, shall be displayed or erected on the property.

(24)

The antenna shall be painted to match the exterior treatment of the tower. The paint scheme shall minimize the off-site visibility of the antenna and tower.

(25)

There shall be no employees located on the site. Occasional or temporary or repair service activities are excluded from this restriction.

(26)

Where the property adjoins any residentially zoned property or land used primarily for residential purposes, the developer shall plant and maintain, until the time of removal of the tower and related structures, two alternating rows of evergreen trees having a minimum height, at time of planting, of five feet on ten-foot centers along the entire perimeter of the tower and related structures. In no case shall the evergreens be any closer than 20 feet to any structure.

(27)

All new and modified communication towers shall be designed and constructed so as to accommodate co-location.

(28)

The site and tower shall be maintained in compliance with all applicable federal, state or local laws, codes and ordinances. The township may require landscaping or other improvements to the site so as to minimize the aesthetic, or other damage the tower causes to the surrounding properties.

(29)

Structures shall be subject to any state and federal regulations concerning non-ionizing electromagnetic radiation. If more restrictive standards are adopted in the future the antenna shall be made to conform to the regulation within 30 days or the permit approval will be subject to revocation by the township board. All costs for testing and verification of compliance shall be borne by the operator of the antenna.

(30)

To secure the removal of an abandoned or obsolescent communication tower, the township board shall require the applicant to file with the township clerk a bond or other suitable financial instrument, payable to the township, in an amount determined by the township board to be sufficient to cover the cost of removal of the communication tower and any accessory structures and the remediation of the subject site when the tower becomes obsolescent or abandoned. The form of this guarantee shall be approved by the township attorney.

(Ord. No. 90, § 23.05, 12-24-2016)

When a communication tower has not been used for a period of 90 days or has become functionally obsolete, all parts of the facility shall be removed by its owner within 180 days thereafter. The removal of antennae or other equipment from the structure or the cessation of reception or transmission of radio signals shall be the beginning of non-use. If not removed within the above 180-day period, the township may, at its sole discretion, enter the property and cause the removal of the structures. The township shall give the applicant or its successor in interest in the communication tower as identified pursuant to this article not less than 30 days prior written notice by first class mail that such action will be taken by the township if the structures is not otherwise removed from the site. All costs, including attorney's fees associated with the removal of the structures by the township, shall, to the extent they are not covered by the bond filed with the township, be charged to and paid by the owner of the structures.

(Ord. No. 90, § 23.06, 12-24-2016)