(a)

Above-ground utility equipment exists in the township and the township has received or expects to receive requests to site, expand, rebuild, or install above-ground utility equipment within the township boundaries.

(b)

The township finds that it is in the public interest to permit the siting, expansion, rebuilding or installing of above-ground utility equipment within the township boundaries.

(c)

It is the intent of the township to permit the siting, expansion, rebuilding, or installing of above-ground utility equipment within the township boundaries.

(d)

It is the intent of the township to protect and promote the public health, safety and welfare by regulating the siting, expansion, rebuilding or installing of above-ground utility equipment.

(Ord. No. 112, § 5(14D.01), 11-8-2000)

The purpose of this article is to establish general guidelines for the siting of above-ground utility equipment. The goals of this article are to:

(1)

Protect residential areas and land uses from potential adverse impacts of above-ground utility equipment;

(2)

Encourage the location of above-ground utility equipment in nonresidential areas;

(3)

Minimize the total amount of above-ground utility equipment throughout the township;

(4)

Strongly encourage the joint use of new and existing above-ground utility equipment sites as a primary option rather than construction of additional above-ground utility equipment;

(5)

Encourage users of above-ground utility equipment to locate it, to the extent possible, in areas where the adverse impact on the township is minimal;

(6)

Encourage users of above-ground utility equipment to configure it in a way that minimizes its adverse visual impact through careful design, siting, landscape screening, and innovative camouflaging techniques;

(8)

Enhance the ability of the providers of utility services to provide such services to the township quickly, effectively, and efficiently;

(9)

Consider the public health and safety of the township and its residents; and

(10)

Avoid potential damage to adjacent properties from above-ground utility equipment through engineering and careful siting of above-ground utility equipment.

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 above-ground utility equipment.

(Ord. No. 112, § 5(14D.02), 11-8-2000)

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:

Above-ground utility equipment includes all equipment of any kind through or because of which, in whole or in part, a utility service provider is able to provide utility services to any person or entity and which equipment is located or installed, in whole or in part, above the natural grade or topography of the location at which the equipment is located or installed.

Above-groundutility equipment site means, unless defined to be a specific legally described area in an application filed pursuant to this article, the location of the above-ground utility equipment, supporting buildings, and/or supporting equipment together with the property within a radius of five feet.

Final distribution connection means the above-ground utility equipment that serves only the purpose of connecting the final end consumer of the utility to other equipment owned or operated by the utility service provider.

Height, when referring to above-ground utility equipment, means the distance measured from the finished grade of the parcel at the base of the installed above-ground utility equipment to the highest point on the above-ground utility equipment.

Multiple use above-ground utility equipment means any above-ground utility equipment utilized by more than one utility service provider.

Preexisting above-ground utility equipment means any above-ground utility equipment existing prior to the effective date of the ordinance from which this article is derived.

Rebuilt above-ground utility equipment. Above-ground utility equipment shall constitute rebuilt above-ground utility equipment if, during maintenance or otherwise, 50 percent or more of the then existing above-ground utility equipment is replaced or upgraded or the then existing above-ground utility equipment is expanded or enlarged by 50 percent or more.

Supporting buildings means those structures which are designed, intended, constructed, or utilized primarily for the proper operation, maintenance, and use of associated or connected above-ground utility equipment.

Supporting equipment means equipment designed, installed, or maintained primarily for the proper operation, maintenance, and use of associated or connected above-ground utility equipment.

Utilityservice provider means any individual, company, partnership, corporation, limited liability company, sole proprietorship, or other business entity of any kind or nature, public or private, which provides to any person or entity, utility service including but not limited to electric, telecommunications, telephone, cable television, Internet, natural gas, water and/or sanitary sewer.

(Ord. No. 112, § 5(14D.03), 11-8-2000)

(a)

Above-groundutility equipment. All new above-ground utility equipment or rebuilt above-ground utility equipment in the township shall be subject to this article, as may be amended from time to time.

(b)

Preexisting above-ground utility equipment. Preexisting above-ground utility equipment shall not be required to meet the requirements of this article, other than the requirements of section 38-608(d) and (e).

(Ord. No. 112, § 5(14D.04), 11-8-2000)

(a)

Lot size. For purposes of determining whether the installation of above-ground utility equipment complies with the regulations of the applicable zoning district, including but not limited to setback requirements, lot coverage requirements, and other such requirements, the dimensions of the entire lot shall control, even though the above-ground utility equipment may be located on leased parcels within such lot.

(b)

Inventory of existing sites. Each applicant for above-ground utility equipment shall provide to the zoning inspector an inventory of its above-ground utility equipment or sites approved for above-ground utility equipment, that are either within the jurisdiction of the township or within 100 feet of the border thereof, including specific information about the location, height, and design of such above-ground utility equipment. The zoning inspector may share such information with other applicants applying for permits under this article or other organizations seeking to locate above-ground utility equipment within the jurisdiction of the township, provided, however, that the zoning inspector is not, by sharing such information, in any way representing or warranting that such sites are available or suitable.

(c)

Aesthetics. Above-ground utility equipment shall meet the following requirements:

(1)

Above-ground utility equipment shall be designed, constructed and maintained so as to reduce visual obtrusiveness.

(2)

At an above-ground utility equipment site, the design of the above-ground utility equipment 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 buildings.

(3)

If above-ground utility equipment is installed on a structure, the above-ground utility 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 above-ground utility equipment as visually unobtrusive as possible.

(d)

State or federal requirements. All above-ground utility equipment must meet or exceed current standards and regulations of the all agencies of the state or federal government with the authority to regulate above-ground utility equipment. If such standards and regulations are changed, then the owners of above-ground utility equipment governed by this article shall, to the extent required by such agencies, bring such above-ground utility equipment 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 or federal agency. Failure to bring above-ground utility equipment 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 above-ground utility equipment at the owner's expense and without liability to the owner of the above-ground utility equipment.

(e)

State construction codes; safety standards. To ensure the structural integrity of above-ground utility equipment, the owner of above-ground utility equipment shall ensure that it is maintained in compliance with standards contained in applicable state construction codes and the applicable standards for above-ground utility equipment that are published by the appropriate nationally recognized organization, as amended from time to time. If, upon inspection, the township believes that above-ground utility equipment fails to comply with such codes and standards and constitutes a danger to persons or property, then the township may proceed under Public Act No. 167 of 1917 (MCL 125.538 et seq.) or common law to bring the above-ground utility equipment into compliance or to remove the above-ground utility equipment at the owner's expense and without any liability of the township to the owner.

(f)

Measurement. For purposes of measurement, above-ground utility equipment setback distance shall be calculated and applied to facilities located in the township irrespective of municipal and county jurisdictional boundaries.

(g)

Essential services. Above-ground utility equipment shall be regulated and permitted pursuant to this chapter and shall be considered as essential services, pursuant to section 38-466.

(h)

Franchises and permits. Owners and/or operators of above-ground utility equipment shall obtain and maintain all franchises required by law for the construction and/or operation of above-ground utility equipment.

(i)

Public notice. For purposes of this article, any special use request, variance request, or appeal shall require public notice to all abutting property owners and all property owners of properties that are located within 300 yards of the boundary of the above-ground utility equipment, in addition to any notice otherwise required by this article and the Michigan zoning enabling act, Public Act No. 110 of 2006 (MCL 125.3101 et seq.).

(j)

Signs. No signs or advertising shall be allowed on above-ground utility equipment other than signs designed to identify the above-ground utility equipment, its ownership, emergency information and necessary safety information.

(k)

Buildings and support equipment. Buildings and support equipment associated with above-ground utility equipment shall comply with all applicable requirements of this chapter.

(l)

Multipleabove-ground utility equipment plan. The township encourages the users of above-ground utility equipment to submit a single application for approval of as many above-ground utility equipment sites as the users deem necessary to provide coverage for the particular use throughout the township.

(m)

No interference. Above-ground utility equipment shall not interfere with television or radio or telephone reception.

(n)

Paving requirements. All parking and drive areas must be paved, as provided in this chapter.

(Ord. No. 112, § 5(14D.05), 11-8-2000)

(a)

Generally. The uses listed in this section are deemed to be permitted uses and shall not require a special use permit.

(b)

Permitted uses. Above-ground utility equipment which is less than six feet in height or consists of only final distribution connections and/or meters is specifically permitted in any zoning district, provided a franchise authorizing such above-ground utility equipment has been approved by the township. This provision shall not be interpreted to require the township to approve a franchise.

(Ord. No. 112, § 5(14D.06), 11-8-2000)

(a)

Generally. The following provisions shall govern the issuance of administrative approvals for above-ground utility equipment.

(1)

The zoning inspector may administratively approve the uses listed in this section.

(2)

Each applicant for administrative approval shall apply to the zoning inspector providing the information set forth in sections 38-611(b)(1) and (3) and a nonrefundable fee as established by resolution of the township board to reimburse the township for the costs of reviewing the application.

(3)

The zoning inspector shall review the application for administrative approval and determine if the proposed use complies with the general requirements of this subsection, as well as sections 38-611(b)(4) and(b)(5).

(4)

The zoning inspector shall respond to each such application within 60 days after receiving it by either approving or denying the application. If the zoning inspector fails to respond to the applicant within 60 days, then the application shall be deemed to be approved.

(5)

In connection with any such administrative approval, the zoning inspector may, in order to encourage the use of multiple use above-ground utility equipment, administratively allow any existing above-ground utility equipment to be reconstructed as multiple use above-ground utility equipment.

(6)

If any administrative approval is denied, the applicant shall file an application for a special use permit pursuant to the section 38-611 prior to filing any other appeal that may be available under this article or applicable law.

(b)

List of administratively approved uses. The following uses may be approved by the zoning inspector after conducting an administrative review:

(1)

The zoning inspector may approve the location of above-ground utility equipment, including the placement of supporting buildings or supporting equipment used in connection with the above-ground utility equipment, in any industrial zoning district or the most intensive commercial zoning district provided in this article.

(2)

The zoning inspector may approve the location of above-ground utility equipment on an existing above-ground utility equipment site consistent with the terms of subsection (b)(2)a and b of this section.

a.

Above-ground utility equipment on existing structures. Any above-ground utility equipment which is not attached to any supporting building or supporting equipment may be approved by the zoning inspector as an accessory use to any commercial, industrial, professional, institutional, or multifamily structure of eight or more dwelling units; provided:

1.

The above-ground utility equipment does not extend more than five feet above the highest point of the structure;

2.

The above-ground utility equipment complies with all applicable state and/or federal regulations; and

3.

The above-ground utility equipment complies with all applicable building, electrical and other construction codes.

b.

Above-ground utility equipment on existing above-ground utility equipment sites. Above-ground utility equipment which is to be attached to an existing above-ground utility equipment site may be approved by the zoning inspector. To minimize adverse visual impacts associated with the proliferation and clustering of above-ground utility equipment, collocation of above-ground utility equipment by more than one utility service provider on existing above-ground utility equipment sites shall take precedence over the construction of new above-ground utility equipment, provided such collocation is accomplished in a manner consistent with the following:

1.

Above-ground utility equipment which is modified or reconstructed to accommodate the collocation of additional equipment shall be of the same type as the existing equipment, unless the zoning inspector allows reconstruction in another form.

2.

Above-ground utility equipment may be modified or rebuilt to a taller height, not to exceed ten feet over the equipment's existing height, to accommodate the collocation of additional equipment. This height change referred to in this subsection may only occur one time per each above-ground utility equipment site.

3.

Above-ground utility equipment which is being rebuilt to accommodate the collocation of additional above-ground utility equipment may be moved on site within 50 feet of its existing location. However, after the equipment is rebuilt to accommodate collocation, only one above-ground utility equipment may remain on the site. The relocation of equipment pursuant to this subsection shall not be deemed to cause a violation of section 38-611.

c.

The zoning inspector may approve the location of new above-ground utility equipment, provided a licensed professional engineer certifies the above-ground utility equipment can structurally accommodate the number of shared users proposed by the applicant; the zoning inspector concludes the above-ground utility equipment is in conformity with the goals set forth in this article and with the general requirements of subsection (a) of this section; and the equipment meets the following height and usage criteria:

1.

For a single utility service provider, up to 25 feet in height;

2.

For two utility service providers, up to 35 feet in height; and

3.

For three or more utility service providers users, up to 45 feet in height.

d.

The zoning inspector may approve the location of alternative above-ground utility equipment in a zoning district if, in the judgment of the zoning inspector, the alternative above-ground utility equipment site conforms with the goals set forth in this article.

(Ord. No. 112, § 5(14D.07), 11-8-2000)

(a)

Generally. The following provisions shall govern the issuance of special use permits by the planning commission for above-ground utility equipment:

(1)

If the above-ground utility equipment is not a permitted use by right or permitted administratively (i.e., pursuant to either section 38-609 or 38-610), then a special use permit shall be required for the construction of above-ground utility equipment in any zoning district.

(2)

Applications for special use permits under this section shall be subject to the special use procedures and requirements of this chapter, except as modified in this section.

(3)

In granting a special use permit, the planning commission may impose conditions to the extent the planning commission concludes such conditions are necessary to minimize any adverse effect of the proposed above-ground utility equipment on adjoining properties.

(4)

Any information of an engineering nature that the applicant submits, whether civil, mechanical, or electrical, shall be certified by a licensed professional engineer. Such an engineer shall certify that the above-ground utility equipment will be structurally sound and will comply with all applicable building, electrical and other construction code requirements.

(5)

An applicant for a special use permit shall submit the information described in this section and a non-refundable fee as established by resolution of the township board to reimburse the township for the costs of reviewing the application.

(b)

Processing special use applications.

(1)

Information required. In addition to any information required for applications for special use permits pursuant to this chapter, applicants for a special use permit for above-ground utility equipment shall submit the following information:

a.

A scaled site plan clearly indicating the appearance, location, type and height of the proposed above-ground utility equipment, on-site land uses and zoning, adjacent land uses and zoning (including when adjacent to other municipalities), master land use plan classification of the site and all properties within 300 yards from the boundaries of the site, adjacent roadways, proposed means of access, setbacks from property lines, elevation drawings of the proposed above-ground utility equipment and any other structures, topography, parking, and other information deemed by the zoning inspector to be necessary to assess compliance with this chapter;

b.

Legal description of the above-ground utility equipment site and the leased portion of the above-ground utility equipment site (if applicable), together with a copy of the deed or lease pertaining to that above-ground utility equipment site;

c.

The setback distance between the proposed above-ground utility equipment and the nearest dwelling, platted residentially zoned properties, and unplatted residentially zoned properties;

d.

The identity of the type of construction of the existing above-ground utility equipment as well as the owner/operator of the existing above-ground utility equipment, if known;

e.

A landscape plan showing specific landscape materials;

f.

Method of fencing, finished color and, if applicable, the method of camouflage and illumination;

g.

A description of compliance with the requirements of the general requirements of section 38-610(a) as well as with the requirements of this section, and with all applicable federal, state, county or township laws, rules, regulations and ordinances;

h.

A notarized statement by the applicant as to whether construction of above-ground utility equipment will accommodate collocation of additional equipment for future users;

i.

A description of the suitability for the use of existing above-ground utility equipment or other structures or alternative technology not requiring the use of above-ground utility equipment or other structures to provide the services to be provided through the use of the proposed new above-ground utility equipment; and

j.

A description of the anticipated location of future above-ground utility equipment within the township based upon existing physical, engineering, technological or geographical limitations in the event the proposed above-ground utility equipment is erected.

(2)

Factorsconsidered in granting special use permits for above-ground utility equipment. In addition to any other standards for consideration of special use permit applications pursuant to this chapter, specifically article II, division 3 of this chapter, the planning commission shall consider the following factors in determining whether to issue a special use permit under this article, although the planning commission may waive or reduce the burden on the applicant for one or more of these criteria if the planning commission concludes that the goals of this article are better served thereby:

a.

Height of the proposed above-ground utility equipment;

b.

Proximity of the above-ground utility equipment to residential structures and residential district boundaries;

c.

Nature of uses on adjacent and nearby properties;

d.

Surrounding topography;

e.

Surrounding tree coverage and foliage;

f.

Design of the above-ground utility equipment, with particular reference to design characteristics that have the effect of reducing or eliminating visual obtrusiveness;

g.

Proposed ingress and egress; and

h.

Availability of suitable existing above-ground utility equipment, other structures, or alternative technologies not requiring the use of above-ground utility equipment or other structures, as discussed in subsection (b)(3) of this section.

(3)

Availabilityof suitable existing above-ground utility equipment other structures, or alternative technology. No new above-ground utility equipment shall be permitted unless the applicant demonstrates to the reasonable satisfaction of the planning commission that no existing above-ground utility equipment structure or alternative technology can accommodate the applicant without the erection of the applicant's requested new above-ground utility equipment. An applicant shall submit information requested by the planning commission related to the availability of suitable existing above-ground utility equipment or other structures or alternative technology. Evidence submitted to demonstrate that no existing above-ground utility equipment structure or alternative technology can accommodate the applicant's proposed equipment may consist of any of the following:

a.

No existing above-ground utility equipment or other structures are located within the geographical area which meet the applicant's engineering requirements.

b.

Existing above-ground utility equipment is not of sufficient height to meet the applicant's engineering requirements.

c.

Existing equipment or other structures do not have sufficient structural strength to support the applicant's proposed above-ground utility equipment.

d.

The fees, costs, or contractual provisions required by the owner in order to share any existing above-ground utility equipment or other structure or to adapt existing equipment or other structure for sharing are unreasonable.

e.

The applicant demonstrates that there are other limiting factors that render existing equipment and other structures unsuitable.

f.

The applicant demonstrates that an alternative technology that does not require the use of above-ground utility equipment or other structures is unsuitable. Costs of alternative technology that exceed new above-ground utility equipment development shall not be presumed to render the technology unsuitable.

(4)

Security fencing. Above-ground utility equipment sites shall be enclosed by security fencing, appropriate anti-climbing devices, and/or danger and no trespassing signs as required by applicable state and federal laws or regulations or as required by the planning commission.

(5)

Landscaping. The planning commission may require the following landscaping surrounding above-ground utility equipment sites for which a special use permit is required. The required landscaping shall be maintained for the duration of the special use permit.

a.

A buffer of plant materials shall be maintained that effectively screens the view of the equipment compound from property then used for dwellings, single-family or two-family or multifamily, or included in a residential zoning district. A landscaped strip at least six feet wide outside the perimeter of the above-ground utility equipment site shall be considered a standard buffer.

b.

Existing mature tree growth and natural land forms on the site shall be preserved to the maximum extent possible. In some cases, such as above-ground utility equipment sites located on large wooded lots, the planning commission may conclude that natural growth around the property perimeter may be a sufficient buffer.

(Ord. No. 112, § 5(14D.08), 11-8-2000)

Any equipment cabinet or structure used in association with above-ground utility equipment shall comply with the following requirements.

(1)

The cabinet or structure shall not contain more than 20 square feet of gross floor area or be more than five feet in height.

(2)

If the above-ground utility equipment is located on the roof of a building, the area of the above-ground utility equipment shall not occupy more than ten percent of the roof area.

(3)

Above-ground utility equipment supporting buildings and/or cabinets containing above-ground utility equipment shall comply with all applicable state construction codes.

(Ord. No. 112, § 5(14D.09), 11-8-2000)

Notwithstanding anything to the contrary in this chapter, any above-ground utility equipment that is not operated for a continuous period of six months shall be considered abandoned, and the owner of such above-ground utility equipment shall remove it within 90 days of receipt of notice from the township notifying the owner of such abandonment. Failure to remove abandoned above-ground utility equipment within those 90 days shall be grounds for the township to proceed under applicable state law to remove the above-ground utility equipment at the owner's expense. If there are two or more users of a single item of above-ground utility equipment, then this provision shall not become effective until all users cease using the above-ground utility equipment.

(Ord. No. 112, § 5(14D.10), 11-8-2000)

Above-ground utility equipment that is constructed and installed in accordance with the provisions of this article shall not be deemed to constitute the expansion of a nonconforming use or structure.

(Ord. No. 112, § 5(14D.11), 11-8-2000)

(a)

Existing franchises. The provisions of this article shall govern the placement, utilization and removal of above-ground utility equipment within the township so long as such provisions are not in conflict with any duly authorized and executed franchise agreement existing as of the effective date of the ordinance from which this article is derived. If any provision of this article is found to be in conflict with such duly authorized and executed franchise agreement in existence at the effective date of the ordinance from which this article is derived, the terms of the franchise agreement shall govern only to the extent of the conflict.

(b)

Future franchises. Subsequent to the effective date of the ordinance from which this article is derived, all franchise agreements shall be subordinate to the terms of this article.

(Ord. No. 112, § 5(14D.12), 11-8-2000)