Northville Charter Township
City Zoning Code
City Zoning Code
ARTICLE 29
Wireless Communications
§ 170-29.1 Intent.
The regulations of this article are intended to conform with federal laws and administrative rules that govern facilities needed to operate wireless communications systems and to set forth procedures and standards for review and approval for the location of such facilities within the Charter Township of Northville. It is the Township's intent to reasonably regulate the location and design of such facilities to retain the integrity of neighborhoods and the character, property values and aesthetic quality of the Township. Given the increase in the number of wireless communications facilities requested as a result of the new technology and the Federal Telecommunications Act of 1996, it is the policy of the Township that all users should collocate on attached wireless communications facilities and wireless communications support structures. Co-location is proposed in order to assure the most economic use of land and to prevent the proliferation of duplicative services. In recognition of the Township's concern that technological advances may render certain wireless communications facilities obsolete or unnecessary in the future, requirements are set forth for the removal of unused or unnecessary facilities in a timely manner and provide security for removal.
§ 170-29.2 Definitions.
The following definitions shall apply in the interpretation of this section:
Wireless communications facilities affixed to existing structures, including, but not limited to, existing buildings, towers, water tanks, or utility poles.
Location by two or more wireless communications providers of wireless communications facilities on a common structure, tower or building, to reduce the overall number of structures required to support wireless communications antennas within the Township.
All structures and accessory facilities relating to the use of the radio frequency spectrum for the purpose of transmitting or receiving radio signals. This may include, but shall not be limited to, radio towers, television towers, telephone devices, personal communications transmission equipment and exchanges, microwave relay towers, telephone transmission equipment building and commercial mobile radio service facilities. This definition does not include a reception antenna for an individual lot as otherwise defined and regulated in this chapter.
Structures erected or modified to support wireless communications antennas. Support structures within this definition include, but shall not be limited to, monopoles, lattice towers, light poles, wood poles and guyed towers, or other structures which appear to be something other than a mere support structure.
§ 170-29.3 Zoning districts and approval process for wireless communications facilities.
Wireless communications facilities may be located within the Township in accordance with the following table:
Type/Location of Wireless Communications Facility | Districts Permitted | Approval Procedure |
|---|---|---|
Attached to existing structures: | ||
Attached to an existing conforming structure that will not be materially altered or changed in appearance | All non-single-family residential districts | Administrative sketch plan review by the Building and Planning Departments |
Attached to an existing utility pole within a public right-of-way that will not be modified or materially altered and not impair sight lines or compromise safety | All districts | Administrative sketch plan review by the Building and Planning Departments, provided letter of acceptance is provided by the utility company |
Co-location upon an attached wireless communications facility previously approved for such co-location | All districts | Administrative sketch plan review by the Building and Planning Department |
Located on a municipally owned site: | ||
Attached to an existing structure or monopole up to 100' in height1 | All districts | Administrative sketch plan review by the Building and Planning Department |
Monopole 101' to 150' in height1 | All districts | Site plan review by the Planning Commission |
Located on a site owned by another governmental entity, religious institution or public school: | ||
Monopole up to 80' in height1 | All districts | Site plan review by the Planning Commission. |
Monopole 81' to 100' in height1 | All districts | Special land use and site plan review by the Planning Commission |
New facility not addressed above: | ||
Monopole up to 120' tall1 | OS and B-3 Districts | Special land use and site plan review by the Planning Commission |
CR, ORT, I-1 and CI Districts | Permitted use, site plan approval by the Planning Commission | |
Monopole 120' to 150' tall1 | CR, ORT, I-1 and CI Districts | Special land use and site plan review by the Planning Commission |
Monopole or lattice tower 150' to 200' tall1 | I-1 and CI Districts | Special land use and site plan review by the Planning Commission |
NOTES: | |
|---|---|
1 | Height may be increased 10 feet where determined necessary to provide future co-location. |
§ 170-29.4 Sketch plan requirements.
For situations requiring sketch plan review, the following information shall be provided:
A.
Signed certification by a professional engineer licensed by the State of Michigan with regard to the manner in which the proposed structure will fall in the event of damage, accident or injury, i.e., fall line, and that the setback area provided shall accommodate the structure should it fall or break and provide a reasonable buffer in the event the structure fails.
B.
A description of the performance guarantee to be posted at the time of receiving a building permit for the facility to ensure removal of the facility when it is abandoned or is no longer needed. The applicant shall demonstrate that funds will be available to the Township for removal of any structure used for wireless communications in an amount which reasonably reflects the cost of removing the facility and restoration of the property or structure upon which the facility is located. Adequate funds shall also be provided to cover the Township's administrative costs in the event that the applicant or its successor does not remove the wireless communications facility in a timely manner. The security shall, at the election of the Township Board, be in the form of cash, security bond, letter of credit or an agreement in a form approved by the Township Attorney and recordable at the Wayne County Register of Deeds. The security shall establish a commitment by the applicant, owner of the property, or their successors, to remove the facility in a timely manner as required by this article. It shall further be provided that the applicant, owner or successor shall be responsible for payment of any costs or attorney fees incurred by the Township in securing removal.
C.
A map that illustrates existing and known proposed wireless communications facilities within Northville Township and adjacent communities to determine potential co-location or to demonstrate the need for the proposed facility. Any such information that is a trade secret and/or other confidential commercial information which, if released, would result in commercial disadvantage to the applicant may be submitted with a request for confidentiality in connection with the development of governmental policy [MCLA § 15.243(1)(g)]. This chapter shall serve as the promise to maintain confidentiality to the extent permitted by law. The request for confidentiality must be prominently stated in order to bring it to the attention of the community.
D.
In recognition of the Township's policy to promote co-location, a written agreement, transferable to all successors and assigns, that the operator shall make space available on the facility for co-location.
E.
The name, address and phone number of the person to contact for engineering, maintenance and other notice purposes. This information shall be continuously updated during all times the facility is on the premises.
§ 170-29.5 Design standards applicable to all facilities.
In addition to the criteria of site plan review listed in Article 33, Site Plan Review, all wireless communications facilities shall be constructed and maintained in accordance with the following standards:
A.
Facilities shall be located and designed to be harmonious with the surrounding area. The Planning Commission may require design of the structure to either diminish the visual impact or to create an architectural feature that will contribute to or enhance community character.
B.
A permit for the construction and use of a new wireless communications facility shall not be granted until the applicant demonstrates a feasible co-location is not available for the coverage area and capacity needs.
C.
All new and modified wireless communications facilities shall be designed and constructed to accommodate co-location, with a written agreement in a format approved by the Township Attorney.
D.
Landscaping shall be provided to screen the base of the structure, accessory buildings and enclosure from adjacent uses and public rights-of-way.
E.
Elevations of the accessory buildings shall be provided. In residential and commercial districts, all accessory buildings shall be constructed of brick.
F.
Fencing shall be provided for protection of the support structure and security from children and other persons who may otherwise access the facilities.
G.
Any nonconforming situations existing on the site, such as outdoor storage, signs, inadequate landscaping, unpaved parking, lack of a sidewalk/pathway, lighting that does not meet current standards or similar conditions shall be brought into conformance prior to the erection of the wireless communications facility. If existing buildings or structures are not in conformance with the current Township standards, improvements shall be made to decrease the nonconformity or additional landscaping shall be provided to reduce the impact of the nonconformity and the wireless facility.
H.
The operator shall comply with applicable federal and state standards relative to the environmental effects of radio frequency emissions.
I.
The applicant shall demonstrate that the requested height of the new or modified support structure and antenna shall be the minimum height necessary for reasonable communications by the applicant, including additional height to accommodate future co-location where appropriate.
J.
Minimum required setbacks for new facilities or support structures:
(1)
From any residential district: the height of the structure, plus 25 feet, provided the engineering information required in § 170-29.4A is provided. The person or body with authority to approve the facility may decrease this setback to that provided in Subsection J(3) below upon a finding that no residential use exists or is expected on the adjacent site.
K.
Accessory buildings shall be a maximum of 14 feet high and shall be set back in accordance with the requirements for principal buildings in that zoning district.
L.
There shall be unobstructed access to the support structure for operation, maintenance, repair and inspection purposes, which may be provided through or over an easement. This access shall have a width and location determined by such factors as the location of adjacent thoroughfares and traffic and circulation within the site; utilities needed to service the tower and any attendant facilities; the location of buildings and parking facilities; proximity to residential districts and minimizing disturbance to the natural landscape; and the type of equipment which will need to access the site.
M.
Where an attached wireless communications facility is proposed on the roof of a building, and if the equipment enclosure 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. The equipment enclosure may be located within the principal building or may be an accessory building. If proposed as an accessory building, it shall conform with all district standards for the principal building, including setbacks.
N.
The support system shall be constructed in accordance with all applicable building codes and shall include the submission of a soil report from a geotechnical engineer licensed in the State of Michigan. This soil report shall include soil borings and statements confirming the suitability of soil conditions for the proposed use. The requirements of the Federal Aviation Administration, Federal Communications Commission and the Michigan Aeronautics Commission shall be noted.
O.
A maintenance plan, and any applicable maintenance agreement, shall be presented and approved as part of the plan for the proposed facility. Such plan shall be designed to ensure the long-term, continuous maintenance to a reasonably prudent standard.
§ 170-29.6 Removal.
As a condition of every wireless communications facility approval, adequate provision shall be made for the removal of all, or part, of the facility by users and owners upon the occurrence of one or more of the following events:
A.
When the facility has not been used for 180 days or more, the removal of antennas or other 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.
B.
Six months after new technology is available, at reasonable cost as determined by the Township Board, which permits the operation of the communications system without the requirement of the support structures.
C.
The situations in which removal of a facility is required, as set forth in Subsection A above, may be applied and limited to portions of a facility.
D.
Upon the occurrence of one or more of the events requiring removal, specified in the subsections above, 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 and restoration of the premises to an acceptable condition, as determined by the Planning Department.
E.
If the required removal of a facility, or a portion thereof, has not been lawfully completed within 60 days of the applicable deadline, and after at least 30 days' written notice, the Township may remove or secure the removal of the facility, or required portions thereof, and the actual cost and reasonable administrative charge shall be drawn from, collected and/or enforced from or under the security posted at the time application was made for establishing the facility.
§ 170-29.7 Co-location.
A.
It is the policy of the Charter Township of Northville to minimize the overall number of newly established locations for wireless communications facilities and wireless communications support structures within the Township and to encourage the use of existing structures for attached wireless communications facilities. Co-location shall be required unless an applicant demonstrates that co-location is not feasible.
B.
Co-location shall be deemed feasible where all of the following conditions are met:
(1)
The wireless communications provider or property owner where co-location is proposed will accept market rent or other market compensation for co-location, and the wireless communications provider seeking the facility will pay such rates.
(2)
The site on which co-location is being considered, taking into consideration reasonable modification or replacement of a facility, is able to provide structural support.
(3)
The co-location being considered is technically 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.
§ 170-29.8 Nonconforming facilities; penalties for not permitting co-location.
If a party who owns or otherwise controls a wireless communications facility fails or refuses to alter a structure to accommodate a proposed and otherwise feasible co-location, such facility shall thereupon and thereafter be deemed to be a nonconforming structure and use and shall not be altered, expanded or extended in any respect. In addition, if a party refuses to allow co-location in accordance with the intent of this article and this action results in construction of a new tower, the Township may refuse to approve a new wireless communications support structure from the party for a period of up to five years. Such a party may seek and obtain a variance from the Zoning Board of Appeals if and to the limited extent the applicant demonstrates entitlement to variance relief. Relief shall mean a demonstration that enforcement of the five-year prohibition would unreasonably discriminate against the providers of functionally equivalent wireless communications services or that such enforcement would have the effect of prohibiting the provision of personal wireless communications services.