It is the general purpose and intent of the "Township of Macomb" 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 "Township of Macomb" to provide for such 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, an attempt has been made to balance these potentially competing interests.

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.

B.

Establish predetermined districts or zones of a 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. In such cases, it has been determined that it is likely that there will be greater adverse impacts upon neighborhoods or dense residential areas. Consequently, more stringent standards and conditions should apply to the review, approval, and use of such facilities.

D.

Ensure that wireless communication facilities are situated in appropriate locations to other land uses, structures, and buildings.

E.

Limit inappropriate physical and aesthetic overcrowding of land use activities, avoid adverse impacts to existing population areas, transportation systems, and other public services and facilities.

F.

Promote the public health, safety, and welfare.

G.

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.

H.

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

I.

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. This includes the establishment of as few structures as reasonably feasible, and the use of structures which are designed for compatibility, including the use of existing structures and the avoidance of lattice structures.

J.

The "Township of Macomb" finds that the presence of numerous tower structures, particularly if located within residential areas, could decrease the attractiveness and destroy the character and integrity of the community. This, in turn, could have an adverse impact upon property values. Therefore, it is necessary to minimize the adverse impacts from the presence of numerous tall tower structures having low, architectural and aesthetic appeal.

K.

Recognize that the absence of regulation would result in a material impediment to the maintenance and promotion of property values.

(Ord. No. 10-33, § 1, 11-27-06)

Subject to the standards and conditions set forth in this article, wireless communication facilities such as wireless communications support structure(s) as defined herein and so-called collocations on such wireless communications support structure(s) shall be permitted in all zoning districts subject to the following conditions:

A.

A wireless communications support structure(s) must be located within a wireless telecommunications facility as defined herein.

B.

A wireless communications support structure(s) and all wireless communication equipment included within the wireless telecommunications facility may be erected or used subject to the provisions of this section and the approval of the Macomb Township Planning Commission pursuant to the special land use permit review procedures of Section 10.2401 of this Ordinance the general regulations of Section 10.2603.

(Ord. No. 10-33, § 1, 11-27-06; Ord. No. 10-48, § 1, 9-26-12)

A.

The division of property for the purpose of establishing the wireless telecommunications facility must be in accordance with the Township Land Division Ordinance and approved by the Township Assessor.

B.

A wireless telecommunications facility shall be of a design which is compatible with the existing character of the proposed site, neighborhood and general area.

C.

In all zoning districts the wireless communications equipment for the wireless communications support structure(s) 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 the Michigan Aeronautics Commission shall be noted.

D.

In all zoning districts a maintenance plan, and any applicable maintenance agreement, shall be presented and approved as part of the site plan for the proposed facility. Such plan shall be designed to ensure the long-term, continuous maintenance to a reasonably prudent standard. Evidence of compliance shall be provided by the applicant if requested by the Planning Commission.

E.

There shall be unobstructed access to the wireless telecommunications facility. This access shall have a width and location determined by such factors as: The location of adjacent thoroughfares and traffic and circulation within the site; utilities needed to service the equipment compound; proximity to residential districts and minimizing disturbance to the natural landscape; and, the type of equipment which will need to access the wireless telecommunications facility.

F.

In all residential districts the support structure for the wireless communications support structure(s) shall be setback one hundred (100) feet from the nearest lot line of any residential district plus at least the height of the highest point of the wireless communications support structure(s) or attachment thereto unless the tower is part of a Detroit Edison (DTE) right-of-way or easement that is not part of a recorded subdivision.

G.

If the proposed wireless communications support structure(s) is to be located on a wireless telecommunications facility adjoining any residential district the wireless communications support structure(s) must be setback from the nearest lot line of any parcel zoned for residential purposes at least the height of the wireless communications support structure(s) or attachment thereto measured from the grade level where the wireless communications support structure(s) is fixed to the ground or the structure to which the wireless communications support structure(s) is attached unless the wireless communications support structure(s) is part of a Detroit Edison (DTE) right-of-way easement that is not part of a recorded subdivision.

H.

Where a telecommunications wireless communications support structure(s) is proposed on the roof of a building and the wireless communications support structure is proposed as a roof appliance or penthouse on the building, it shall be designed, constructed, and maintained to be architecturally compatible with the principal building.

I.

In any Residential, AG, CF, or Office Zoning District, or the area regulated by the TND Code, unless otherwise provided, or in any other district where the proposed wireless telecommunications facility would be less than one thousand feet (1,000) from any Residential, AG, CF, or Office Zoning District, or the area regulated by the TND Code the wireless communications support structure(s) must be a monopole. Lattice structure is not permitted except for any wireless telecommunications facility to be located as part of an existing DTE tower.

J.

Wireless communications support structures shall conform to the following regulations:

1.

In all zoning districts there shall be no more than one (1) wireless communications support structure permitted per wireless telecommunications facility except as provided below.

2.

It shall be the responsibility of the initial occupant of the telecommunications facility to provide space for all future expansion including future co-locations within one (1) equipment shelter in the equipment compound. The equipment shelter shall be situated on the site so that any additional expansion including co-locators shall be placed within one (1) equipment shelter or attached to an existing wall of an approved equipment shelter.

3.

Any telecommunications facility existing at the time of the adoption of this Ordinance that has an approved equipment shelter that cannot accommodate additional collocation may provide equipment for co-location in more than one (1) separate equipment shelter provided that the equipment shelter shall be screened from adjoining properties by a masonry wall not to exceed nine (9) feet in height. The wall must enclose the entire footprint for all existing equipment shelter five (5) foot except for openings as required and approved by the Fire Department. The wall may utilize one (1) or more walls of existing equipment shelter(s) on the site. The building materials for the wall shall be approved by the Planning Commission. The wall shall be aesthetically compatible with the brick commonly used as veneer on houses if adjoining a residential area. The enclosure must be designed to simulate a structure when viewed at grade from adjoining properties.

4.

In any zoning district if the wireless communications support structure is to be part of a principle building on-site then said structure shall conform to the minimum building setback for the appropriate zoning district. Further, all elements of that wireless communications support structure shall be made an integral part of the principle building and maintained to be architecturally compatible with the principal building.

5.

In any Residential, AG, CF, or Office Zoning District, or the area regulated by the TND Code, unless otherwise provided for no wireless telecommunications facility may be located closer than one thousand (1,000) feet of another wireless telecommunications facility in any other district.

6.

In any Residential, AG, CF, or Office Zoning District, or the area regulated by the TND Code, unless otherwise provided for the wireless telecommunications facility must be further regulated as follows:

a)

The equipment shelter shall be constructed with brick face.

b)

The maximum height of said structure shall be twelve (12) feet. The roof line, pitch and construction materials shall be approved by the Planning Commission. The Planning Commission may approve a building with an exterior service other than brick or with a height greater than twelve (12) feet if the applicant can demonstrate that variations will cause the building to be more aesthetically compatible with the surrounding residential area.

c)

The equipment compound shall be screened on all sides that face or adjoin any Residential, AG, CF, or Office Zoning District, or the area regulated by the TND Code with an eight (8) foot greenbelt as defined in Section 10.0202 of the Zoning Ordinance.

7.

In any Commercial, Warehouse, Industrial, or Special Land Development District unless otherwise provided for the wireless telecommunications facility must be further regulated as follows:

a)

The equipment shelter may be constructed with pre-fit steel or stone panel.

b)

The equipment compound shall be screened on all sides that face or adjoin any Residential, AG, CF, or Office Zoning District, or the area regulated by the TND Code with Code with an eight (8) foot greenbelt as defined in Section 10.0202 of the Zoning Ordinance.

(Ord. No. 10-33, § 1, 11-27-06; Ord. No. 10-48, § 1, 9-26-12)

A.

A site plan prepared in accordance with Section 10.2402 shall be submitted showing the location, size, screening and design of all buildings and structures within the wireless telecommunications facility including fences.

B.

If the wireless telecommunications facility is not a separate stand-alone parcel that complies with all site limitations requirements of the applicable zoning district then the site plan must clearly illustrate how the wireless telecommunications facility will inter-relate with the parent parcel or any other parcels or recorded easement upon which the equipment compound must depend for access to the public street. Further, a site plan must also be submitted for the parent parcel upon which the wireless telecommunications facility is to be located and shall be reviewed as either a revised site plan separate from or considered as a new stand-alone site plan.

C.

In all cases, the site plan shall indicate fencing which is required for the protection of the support structure and security from children and other persons who may otherwise access the equipment compound.

D.

The application shall include a description of the types of security to be posted at the time of receiving a building permit to ensure removal of the wireless telecommunications facility when it has been abandoned or is no longer needed, as provided in Section 10.2606 below. In this regard, the security shall, at the election of the applicant, in a form approved by the Macomb Township 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 of the ordinance, with the further provision that the applicant and owner shall be responsible for the payment of any costs and attorneys fees incurred by the Township of Macomb in securing removal.

E.

The application and site plan shall include the name, address and phone number of the person to contact for engineering, maintenance and other notification purposes. It shall be the obligation of the applicant to notify the Township Clerk in order to update this information when appropriate.

(Ord. No. 10-33, § 1, 11-27-06; Ord. No. 10-48, § 1, 9-26-12)

A.

It is the policy of the Township of Macomb to minimize the overall number of newly established locations for wireless communication facilities and wireless communication support structures within the Township, consistent with the statement of purpose and intent, set forth in this article.

B.

Collocation shall be a permitted use of property in all zoning districts subject to Sections 10.2407 (B and C) and not subject to special land use provisions of Section 10.2401 if all of the following requirements are met:

1.

The wireless communications equipment will be collocated on an existing wireless communications support structure or in an existing equipment compound.

2.

The existing wireless communications support structure or existing equipment compound is in compliance with the Township Zoning Ordinance or was approved by the Planning Commission.

3.

The proposed collocation will not do any of the following:

a.

Increase the overall height of the wireless communications support structure by more than twenty (20) feet or ten (10) percent of its original height, whichever is greater.

b.

Increase the width of the wireless communications support structure by more than the minimum necessary to permit collocation.

c.

Increase the area of the existing equipment compound to greater than two thousand five hundred (2,500) square feet.

C.

Special land use permit review procedures at Section 10.2401 shall be required if the Building Official determines that the request for collocation exceeds any of the following limits:

1.

Increase the overall height of the wireless communications support stucture by more than twenty (20) feet or ten (10) percent of its original height, whichever is greater.

2.

Increase the width of the wireless communications support structure by more than the minimum necessary to permit collocation.

3.

Increase the area of the existing equipment compound to greater than two thousand five hundred (2,500) square feet.

D.

Site plan review pursuant to Section 10.2402 would be required if the wireless communications equipment necessary as part of the installation results in any of the following to occur within the equipment compound:

1.

That the area for the equipment compound is to be increased.

2.

If the additional wireless communications equipment within the equipment compound would not be screened from adjoining properties if required pursuant to this article.

3.

The telecommunications facility is located on land owned by the Township.

(Ord. No. 10-33, § 1, 11-27-06; Ord. No. 10-48, § 1, 9-26-12)

A.

The "Township of Macomb" reserves the right to request evidence of ongoing operation at any time after the construction of an approved wireless communications support structure(s).

B.

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 one (1) or more of the following events:

1)

When the facility has not been used for one hundred eighty (180) days or more. For purposes of this section, the removal of wireless communications equipment or other wireless communications 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.

2)

Six (6) 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 wireless communications support structure.

C.

The situations in which removal of a facility is required may be applied and limited to portions of a facility.

D.

Upon the occurrence of one (1) or more of the events requiring removal, 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.

E.

If the required removal of a facility or a portion thereof has not been lawfully completed within sixty (60) days of the applicable deadline, and after at least thirty (30) days written notice, the "Township of Macomb" 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. No. 10-33, § 1, 11-27-06; Ord. No. 10-48, § 1, 9-26-12)