(a)

The regulations of this article shall officially be known, cited, and referred to as the wireless telecommunications facilities regulations of the village.

(b)

In order to protect the public health, safety, and general welfare of the community, while accommodating the communications needs of residents and businesses, the regulations of this article are necessary in order to:

(1)

Facilitate the provision of wireless telecommunications services to the residents and businesses of the village.

(2)

Minimize adverse visual effects of towers through careful design and siting standards.

(3)

Encourage the location of towers in nonresidential areas through performance standards and incentives.

(4)

Avoid potential damage to adjacent properties from tower failure through structural standards and setback requirements.

(5)

Provide mechanisms for the mitigation of tower proliferation through tower sharing requirements for all new tower applications and those existing towers that are physically capable of sharing.

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. Unless the context clearly indicates to the contrary, words used in the present tense include the future tense and words used in the plural indicate the singular.

Act means the Communications Act of 1934, as it has been amended from time to time, including the Telecommunications Act of 1996, and shall include future amendments to the Communications Act of 1934.

Affiliate, when used in relation to an operator, means another person who directly or indirectly owns or controls, is owned or controlled by, or is under common ownership or common control with the operator, or an operator's principal partners, shareholders, or owners of some other ownership interest; and when used in relation to the municipality, any agency, board, authority or political subdivision affiliated with the municipality or other person in which the municipality has legal or financial interest.

Alternative tower structure means manmade trees, clock towers, bell steeples, light poles and similar alternative-design mounting structures that camouflage or conceal the presence of antennas or towers. (See also Stealth facility.)

Analog technology replicates and amplifies voice messages as they are carried from the transmitting antenna to the receiving antenna.

Antenna means any exterior apparatus designed for telephonic, radio, or television communications through sending and/or receiving of electromagnetic waves.

Antenna height means the vertical distance measured from the base of the antenna support structure at grade to the highest point of the structure. If the support structure is on a sloped grade, then the average between the highest and lowest grades shall be used in calculating the antenna height.

Antenna support structure means any pole, telescoping mast, tower tripod, or any other structure which supports a device used in the transmitting and/or receiving of electromagnetic waves.

Applicant means a person who applies for a wireless facility siting. An applicant shall be the owner of the property on which the wireless telecommunications facility is proposed.

Broadcast means to transmit information over the airwaves to two or more devices simultaneously. Information can be transmitted over local television or radio stations, satellite systems or wireless data communications networks.

Cell site means a tract or parcel of land that contains a cellular communications antenna, its support structure, accessory buildings, and parking, and may include other uses associated with and ancillary to cellular communications transmissions.

Cellular service means a telecommunications service that permits customers to use wireless, mobile telephones to connect, via low-power radio transmission sites called cell sites, either to the public switched network or to other mobile cellular phones.

Cellular telecommunications facility means a commercial low power mobile radio service licensed by the Federal Communications Commission (FCC) to providers in a specific geographical area. Within each area, the radio frequency spectrum is divided into discrete channels. These channels are assigned in groups to geographic cells within a service area and are capable of being reused in different cells within the service area. A cellular telecommunications facility consists of the equipment and structures involved in receiving telecommunications or radio signals from mobile radio communications sources and transmitting those signals to a central switching computer which connects the mobile unit with the land-based telephone lines.

Collocation means locating wireless communications equipment from more than one provider on a single site.

Common carrier means an entity licensed by the FCC or a state agency to supply local and/or long distance telecommunications services to the general public at established and stated prices.

Communications facility means a land use facility supporting antennas and microwave dishes that sends and/or receives radio frequency signals. Communications facilities include structures or towers and accessory buildings.

Communications tower means a guyed, monopole, or self-supporting tower, constructed as a freestanding structure or in association with a building, other permanent structure or equipment, containing one or more antennas intended for transmitting and/or receiving television, AM/FM radio, digital, microwave, cellular, telephone, or similar forms of electronic communication.

Communications transmission system or communications system means a wired communications transmission system, open video system, or wireless communications transmission system regulated by the regulations of this article.

C.O.W.s means cells on wheels. (See Temporary wireless communications facility.)

Digital technology means technology that converts voice and data messages into digits that represent sound intensities at specific points of time and data content.

Directional antenna means an antenna or array of antennas designed to concentrate a radio signal in a particular area.

Dish antenna means a dish-like antenna used to link communications sites together by wireless transmission of voice or data. Also called a microwave dish antenna.

ESMR means enhanced specialized mobile radio.

FAA means the Federal Aviation Administration.

FCC means the Federal Communications Commission.

Frequency means the number of cycles completed each second by a sound or electromagnetic wave; measured in hertz (Hz).

Governing authority means the governing authority of the village.

Grade means the lowest point of elevation of the finished surface of the ground, paving, or sidewalk within the area between the structure and the property line or, when the property line is more than five feet from the structure.

Guyed tower means a communication tower that is supported, in whole or in part, by guy wires and ground anchors.

Lattice tower means a guyed or self-supporting three or four sided, open, steel frame structure used to support telecommunications equipment.

License means the rights and obligations extended by the village to an operator to own, construct, maintain, and operate its system within the boundaries of the village for the sole purpose of providing services to the persons or areas outside the village.

Master plan means the current adopted master plan of the village.

MHZ means megahertz, or 1,000,000 Hz.

Micro-cell means a low power mobile radio service telecommunications facility used to provide increased capacity in high call-demand areas or to improve coverage in areas of weak coverage.

Microwave means electromagnetic radiation with frequencies higher than 1,000 MHZ; highly directional signal used to transmit radio frequencies from point-to-point at a relatively low power level.

Microwave antenna means a dish-like antenna manufactured in many sizes and shapes used to link communications sites together by wireless transmissions of voice or data.

Monopole tower means a communication tower consisting of a single pole, constructed without any guy wires or ground anchors.

Omnidirectional antenna means an antenna that is equally effective in all directions and whose size varies with the frequency and gain for which it was designed.

Owner means the owner of the title to real property or the contract purchaser of real property of record, as shown on the latest assessment records of the village assessor. The term "owner" also includes a deed holder or contract purchaser whose name does not appear in the latest assessment records, but who presents to the village a copy of a deed or contract of sale showing date, book, and page of recording.

Personal communications service or PCS means digital wireless telephone technology such as portable phones, pagers, faxes, and computers. Such mobile technology promises to allow each consumer the same telephone number wherever he goes. Also known as personal communications network (PCN).

Pre-existing towers and antennas means any tower or antenna for which a permit has been issued prior to the effective date of these regulations and is exempt from the requirements of these regulations so long as the tower or antennas are not modified, changed, or abandoned.

Public property means any real property, easement, air-space, or other interest in real estate, including a street, owned by or controlled by the village or any other governmental unit.

Roof and/or building mount facility means a low power mobile radio service telecommunications facility in which antennas are mounted to an existing structure on the roof, including rooftop appurtenances, or building face.

Scenic view means a view that may be framed, wide angle, or panoramic and may include natural and/or manmade structures and activities. A scenic view may be from a stationary viewpoint or be seen as one travels along a roadway, waterway, or path. A view may be of a far away object, such as a mountain, or of a nearby object.

Self-support tower means a communications tower that is constructed without guy wires and ground anchors.

Spectrum means relating to any transmissions or receptions of electromagnetic waves.

Stealth facilities means any communications facility which is designed to blend in to the surrounding environment. Examples of stealth facilities may include architecturally screened roof-mounted antennas, building-mounted antennas painted to match the existing structure, antennas integrated into architectural elements, and antenna structures designed to look like light poles. (See also Alternative tower structure.)

System means the communications transmission system operated by a service provider in the village.

Telecommunications means the transmission, between or among points specified by the user, of information of the user's choosing, without change in the form or content of the information sent and received.

Temporary wireless communications facility means any tower, pole, antenna, or other fixture, designed for use while a permanent wireless facility is under construction, or for a special event or conference where a majority of people attending are wireless users, that is intended to be in service continuously at one location for not more than 30 calendar days.

Tower means any structure that is designed and constructed primarily for the purpose of supporting one or more antennas, including self-supporting lattice towers, or monopole towers. The term includes radio and television transmission towers, microwave towers, common carrier towers, cellular telephone towers, alternative tower structures, and the like.

View corridor means a three dimensional area extending out from a viewpoint. The width of the view corridor depends on the focus of the view. The focus of the view may be a single object, such as a mountain, which would result in a narrow view, or a group of objects, such as a downtown skyline, which would result in a wider corridor. Panoramic views have very wide corridors and may include a 360-degree perspective. Although the view corridor extends from the viewpoint to the focus of the view, the mapped portion of the corridor extends from the viewpoint and is based on the area where the base zone heights must be limited in order to protect the view.

Village means the Village of Middleville.

Whip antenna means an antenna that transmits signals 360 degrees. Whip antennas are typically cylindrical in shape and are less than six inches in diameter and measure up to 18 inches in height. Also called omni-directional, stick, or pipe antennas.

Wireless communications facility means any towers, poles, antennas or other structures intended for use in connection with transmission or reception of radio or television signals, or any other spectrum-based transmission reception.

Cross reference— Definitions generally, § 1-2.

(a)

General procedure. The submission of applications for wireless communications facilities shall follow the same procedure as detailed in article III of this chapter. A decision on permitting for a new tower must be made within 60 days after the application is complete.

(b)

Additional procedures.

(1)

In addition to the information required elsewhere in this chapter, zoning compliance permits for wireless communications facilities shall include the following supplemental information:

a.

Describes the tower height and design including a cross section and elevation.

b.

Documents height above grade for all potential mounting positions for collocating antennas and the minimum separation distances between antennas.

c.

Documents the tower's capacity, including the number and types of antennas that it can accommodate.

d.

Documents what steps the applicant will take to avoid interference with established public safety telecommunications.

e.

Includes an engineer's stamp and registration number.

f.

Includes other information necessary to evaluate the request.

g.

A copy of the Federal Aviation Administration's response to the submitted notice of proposed construction or alteration. (FAA Form 7460-1.)

h.

Proof of compliance with applicable Federal Communications Commission regulations.

i.

A report from a qualified and licensed professional engineer which demonstrated the tower's compliance with county structural and electrical standards.

(2)

For all commercial wireless telecommunications service towers, a letter of intent committing the tower owner and his successors and assigns to allow the shared use of the tower if an additional user agrees in writing to meet reasonable terms and conditions for shared use.

(c)

General approval standards. Generally, the village zoning administrator shall grant approval of a wireless communications facility if the following conditions are met:

(1)

The location of the proposed tower is compatible with the master plan and zoning ordinance.

(2)

All efforts to locate on an existing tower have been unsuccessful or it is legally or physically impossible to locate on an existing tower.

(3)

The submitted site plan complies with the performance criteria set in these regulations.

(4)

The proposed facility/tower will not unreasonably interfere with the view from any public park, natural scenic vista, historic building or district, or major view corridor.

(5)

The lowest six feet of the facility/tower shall be visually screened by trees, large shrubs, solid walls, or fences and/or nearby buildings.

(6)

The height and mass of the facility/tower does not exceed that which is essential for its intended use and public safety.

(7)

The owner of the wireless communications facility has agreed to permit other persons/cellular providers to attach cellular antenna or other communications apparatus that do not interfere with the primary purpose of the facility.

(8)

There exists no other facility/tower that can reasonably serve the needs of the owner of the proposed facility/tower.

(9)

The proposed facility/tower is not constructed in such a manner as to result in needless height, mass, or guy wires.

(10)

The color of the proposed facility/tower will be of a light tone or color, except where required otherwise by the FAA, so as to minimize the visual impact and that the tower will have a security fence around the tower base or the lot where the tower is located.

(11)

The facility/tower is in compliance with any other applicable, local, state, or federal regulations.

All commercial wireless telecommunications towers erected, constructed, or located within the village shall comply with the following requirements:

(1)

A proposal for a new commercial telecommunication service shall not be approved unless the village zoning administrator finds that the telecommunications equipment planned for the proposed tower cannot be accommodated on an existing or approved tower building within a one mile search radius (one-half mile search radius for towers under 120 feet in height, one-quarter mile search radius for towers under 80 feet in height) of the proposed tower due to one or more of the following reasons:

a.

The planned equipment would exceed the structural capacity of the existing building or approved tower or building, as documented by a qualified and licensed professional engineer, and the existing or approved tower cannot be reinforced, modified, or replaced to accommodate planned or equivalent equipment at a reasonable cost.

b.

The planned equipment would cause interference materially adversely impacting the usability of other existing or planned equipment at the tower or building as documented by a qualified and licensed professional engineer and the interference cannot be prevented at reasonable cost.

c.

Existing or approved towers and buildings within the search radius cannot accommodate the planned equipment at a height necessary to function reasonably as documented by a qualified and licensed professional engineer.

d.

Other unforeseen reasons that make it infeasible to locate the planned telecommunications equipment upon an existing or approved tower or building.

(2)

Any proposed commercial wireless telecommunications service tower shall be designed, structurally, electronically, and in all respects, to accommodate both the applicant's antennas and comparable antennas for at least two additional users if the tower is over 100 feet in height or for at least one additional use if the tower is over 60 feet in height unless the village zoning administrator finds that such accommodations are not necessary. Towers must be designed to allow for future rearrangement of antennas upon the tower and to accept antennas mounted at varying heights.

(3)

The collocation of new equipment on an existing, approved tower is permitted as a matter of right if it does not (i) increase the overall height of the tower by 20 feet or ten percent, whichever is more, (ii) increase the width of the support structure more than necessary to permit collocation, or (iii) increase the area of the existing equipment compound by more than 2,500 feet. If these requirements are met, local approval is not required.

Proposed or modified towers and antennas shall meet the following design requirements:

(1)

Towers and antennas shall be designed to blend in to the surrounding environment through the use of color and camouflaging architectural treatment, except in instances where the color is dictated by federal or state authorities such as the Federal Aviation Administration.

(2)

Commercial wireless telecommunications service towers shall be of a monopole design unless the village zoning administrator determines that an alternative design would better blend in to the surrounding environment.

The maximum tower height permitted in the village is calculated by applying the following:

(1)

If the tower is designed to accommodate only one service provider, the maximum height shall be 120 feet from preconstruction grade.

(2)

If the tower is designed to accommodate two service providers, the maximum height shall be 160 feet from grade.

(3)

If the tower is designed to accommodate more than two service providers, the maximum height shall be 200 feet from grade.

All utility buildings and structures accessory to a tower shall be architecturally designed to blend in with the surrounding environment and shall meet the minimum setback requirements of the underlying zoning district. Ground mounted equipment shall be screened from view by suitable vegetation, except where a design of nonvegetative screening better reflects and complements the architectural character of the surrounding neighborhood.

Towers shall not be illuminated by artificial means and shall not display strobe lights unless such lighting is specifically requested by the Federal Aviation Administration or other federal or state authority for a particular tower.

The placement of wireless telecommunications antennas on roofs, walls and existing towers may be approved by the village zoning administrator, providing the antennas meet the requirements of the regulations in this section, after submittal of:

(1)

A final site and building plan as specified by section 78-503.

(2)

A report prepared by a qualified and licensed professional engineer indicating the existing structure's or tower's suitability to accept the antenna, and the proposed method of affixing the antenna to the structure. Complete details of all fixtures and couplings, and the precise point of attachment shall be indicated.

Any facility designed for temporary use (as defined in section 78-502) is subject to the following:

(1)

Use of a temporary facility is allowed only if the owner has received a temporary use permit from the village zoning administrator.

(2)

Temporary wireless facilities are permitted for use of no longer than 30 days for use while constructing permanent facilities, and no longer than five days for use during a special event.

(3)

The maximum height of a temporary wireless facility is 50 feet from grade.

(4)

Temporary facilities are subject to all applicable portions of these regulations, excluding subsection 78-503(b), (c).

No new or existing telecommunications service shall interfere with public safety telecommunications. All applications for new service shall be accompanied by an intermodulation study which provides a technical evaluation of existing and proposed transmissions and indicates all potential interference problems. Before the introduction of a new service or changes in the existing service, telecommunications providers shall notify the municipality at least ten business days in advance of such and allow the village to monitor the interference levels during the testing process.

Abandoned or unused towers or portions of towers shall be removed as follows:

(1)

The owner of a wireless facility shall file annually a declaration with the village zoning administrator as to the continuing operation of every facility installed subject to these regulations. Failure to do so shall be determined to mean that the facility is no longer in use and considered abandoned.

(2)

All abandoned or unused towers and associated facilities shall be removed within 180 days of the cessation of operations at the site unless the village zoning administrator approves a time extension not to exceed an additional 180 days. A copy of the relevant portions of a signed lease which required the applicant to remove the tower and associated facilities upon the cessation of operations at the site shall be submitted at the time of application. If a tower is not removed within 180 days of the cessation of operations at a site, the tower and associated facilities may be removed by the municipality and the cost of removal assessed against the property.

(3)

Unused portions of towers above a manufactured connection shall be removed within 180 days of the time of antenna relocation. The replacement of portions of a tower previously removed requires the issuance of a new wireless facility permit.

The use of any portion of a tower for signs other than warning or equipment information signs is prohibited.

The Village of Middleville promotes the effective and efficient use of solar energy collection systems. It is the intent of the village to permit these systems by regulating the site, design, and installation of such systems to protect the public health, safety and welfare, and to ensure compatibility of land uses in the vicinity of solar energy collectors, as defined in this ordinance, shall comply with the provisions of this section.

(Ord. No. 2124, § 7, 3-22-2022)

(a)

Solar energy equipment shall be located in the least visibly obtrusive location where panels would be functional

(b)

Solar energy equipment shall be repaired, replaced or removed within three months of becoming non-functioning.

(c)

Each system shall conform to applicable industry standards including those of the current NEC, as amended.

(Ord. No. 2124, § 7, 3-22-2022)

An applicant who seeks to install building-mounted solar energy equipment or ground-mounted solar energy collectors totaling less than 400 square feet shall submit an application for administrative review, as provided by the village. The application shall include the following:

(1)

Photographs of the property's existing conditions.

(2)

Renderings or catalogue cuts of the proposed solar energy equipment

(3)

Certificate of compliance demonstrating that the system has been tested and approved by Underwriter Laboratories (UL) or other approved independent testing agency.

(4)

Plot plan to indicate where the solar energy equipment is to be installed on the property

(5)

Description of the screening to be provided for ground or wall mounted solar energy equipment

(6)

Any fee(s) as determined by the village council from time to time.

(Ord. No. 2124, § 7, 3-22-2022)

(a)

The installation of one solar panel with a total area of less than eight square feet.

(b)

Repair and replacement of existing solar energy equipment, provided that there is no expansion of the size or coverage area of the solar energy equipment.

(Ord. No. 2124, § 7, 3-22-2022)

Solar energy collectors shall be either building-mounted or ground-mounted.

(a)

Building-mounted solar energy collector requirements. A building-mounted solar energy collector shall be a permitted accessory use in all zoning districts subject to the following requirements:

(1)

An administrative review is required of all building-mounted solar energy collectors permitted as an accessory use.

(2)

Solar energy collectors that are mounted on the roof of a building shall not project more than five feet above the highest point of the roof but, in any event, shall not exceed the maximum building height limitation for the zoning district in which it is located, and shall not project beyond the eaves of the roof.

(3)

Solar energy collectors mounted on the roof of a building shall be only of such weight as can safely be supported by the roof. Proof, thereof, in the form of certification by a professional engineer or other qualified person, shall be submitted to the village building official prior to installation; such certification shall be subject to the building official's approval.

(4)

Solar energy collectors that are roof-mounted, wall-mounted or are otherwise attached to a building or structure shall be permanently and safely attached to the building or structure. Proof of the safety and reliability of the means of such attachment shall be submitted to the building official prior to installation; such proof shall be subject to the building official's approval.

(5)

Solar energy collectors that are wall-mounted shall not exceed the height of the building wall to which they are attached.

(6)

The exterior surfaces of solar energy collectors that are mounted on the roof or on a wall of a building, or are otherwise attached to a building or structure, shall be generally neutral in color and substantially non-reflective of light.

(7)

Solar energy collectors shall be installed, maintained, and used only in accordance with the manufacturer's directions. Upon request, a copy of such directions shall be submitted to the village building official prior to installation. The building official may inspect the completed installation to verify compliance with the manufacturer's directions.

(8)

Solar energy collectors, and the installation and use thereof, shall comply with the state construction code, the electrical code, and other applicable codes and ordinances.

(b)

Ground-mounted solar energy collector requirements. A ground-mounted solar energy collector system shall be subject to the following requirements.

(1)

Commercial ground-mounted solar energy collector systems and fields are subject to a special land use requiring approval by the planning commission in all zoning districts.

(2)

Ground-mounted solar collectors less than 400 square feet are permitted as an accessory use in all zoning districts and are subject to administrative review.

(3)

Ground-mounted solar collectors 400 square feet and greater shall be considered a solar farm and shall be subject to a special land use requiring approval by the planning commission.

(4)

Ground mounted solar energy collectors shall be located only as follows:

a.

May be located in the rear yard and side yard, but not closer than five feet from the rear lot line and seven feet from any side lot line and not closer than ten feet from the principal structure, unless permitted by the planning commission in its approval of a special land use.

b.

On lots four acres or larger, solar energy collectors may be located in the front yard only if permitted by the planning commission as a special land use but, in any event, they shall not be located within the front yard setback.

(5)

Ground mounted solar energy collectors shall not exceed 16 feet in height, measured from the ground at the base of such equipment.

(6)

Total area of all ground mounted solar energy collectors on a lot shall be limited as follows:

a.

Residential ground mounted solar arrays shall not exceed eight percent of lot area.

b.

Commercial ground mounted solar energy collector systems lot coverage shall be subject to planning commission review.

(7)

Solar energy collectors shall be permanently and safely attached to the ground. Proof of the safety and reliability of the means of such attachment shall be submitted with the special use application and shall be subject to the planning commission's approval.

(8)

Solar energy collectors shall be installed, maintained and used only in accordance with the manufacturer's directions. A copy of such directions shall be submitted with the special use application. The special use, if granted, may be subject to the building official's inspection to determine compliance with the manufacturer's directions.

(9)

The exterior surfaces of solar energy collectors shall be generally neutral in color and substantially non-reflective of light.

(10)

Ground-mounted solar energy collectors, and the installation and use thereof, shall comply with the state construction code, the electrical code and other applicable village Codes and ordinances.

(11)

The special use may include terms and conditions in addition to those stated in this subsection.

(Ord. No. 2124, § 7, 3-22-2022)