Sparta Township City Zoning Code
WIRELESS INTERNET
SERVICE PROVIDERS WISP
§ 154.285 PURPOSE.
The purpose of this subchapter is to establish standards and procedures by which the installation and operation of towers and antennas used for the purpose of wireless internet communication shall be regulated within the township, in order to promote the safe, effective and efficient use of this communication system.
(Ord. passed 7-12-2012, § 4.14)
§ 154.286 DEFINITION.
For purposes of this section, a WIRELESS INTERNET SERVICE PROVIDER (WISP) is defined as an antenna or similar device mounted on a tower, building or other structure that serves to provide wireless internet communication service.
(Ord. passed 7-12-2012, § 4.14)
§ 154.287 APPLICABILITY.
(A) A WISP which, for mounting purposes, requires the installation of a pole, tower or similar structure other than a building shall only be allowed as a special use within the Ag-2 Zoning District subject to the regulations and requirements of this subchapter and also the general special use review procedures and standards of §§ 154.185 through 154.194 of this chapter.
(B) A WISP that is attached to an existing building, tower, pole or similar structure is permitted in all zoning districts subject to the issuance of a building permit in accordance with all applicable requirements of the township’s Building Code and the requirements of this subchapter.
(Ord. passed 7-12-2012, § 4.14)
§ 154.288 APPLICATION REQUIREMENTS; SPECIAL USE PERMITS.
An applicant for a WISP that requires a special use permit shall submit an application on a form provided by the township and shall also submit the following information and materials:
(A) A description of the WISP(s) to be installed and its design, including cross-section and elevation drawings and a diagram of how the tower will be anchored to the ground;
(B) A statement from the applicant that the WISP will be installed in compliance with the manufacturer’s specifications;
(C) Engineered drawings of the tower and a copy of the manufacturer’s specifications;
(D) A description of the tower maintenance program;
(E) A decommissioning plan explaining the process to be undertaken by the applicant for tearing down the tower and removing all tower equipment, materials and structures and restoring the site so it can be used by a use permitted in that zoning district;
(F) Security measures including emergency contact personnel;
(G) Ten copies of a site plan accurately drawn at a scale of not more than one inch equals 100 feet; however, a larger scale may be accepted by the Planning Commission depending upon the size of the parcel. The site plan shall contain at a minimum the following information unless specifically waived by the Planning Commission:
(1) The date on which the site plan was prepared;
(2) A north arrow and legal description of the property;
(3) The area and dimensions of the parcel containing the WISP including any area leased for the WISP;
(4) A location map sufficient to show the character of the area surrounding the proposed WISP and the zoning and land use on adjacent properties;
(5) The height of the tower and its distance to all property lines;
(6) Any buildings or structures existing on the parcel;
(7) The distance to the closest building on adjacent property;
(8) The location of any overhead transmission lines on the site or on adjacent property that might be affected by the tower;
(9) Guy wires, guy wire anchors and any other tower supporting structure or device;
(10) Type and height of fencing to be installed around the tower or an equipment building;
(11) Elevation drawings of any buildings designed to serve the tower;
(12) Access road; width and construction standards along with access easement; and
(13) Any lighting proposed to be located on the tower.
(Ord. passed 7-12-2012, § 4.14)
§ 154.289 WISP MOUNTED ON A TOWER; GENERAL REQUIREMENTS.
A WISP mounted on a tower shall comply with the following requirements:
(A) The tower shall be setback from all property lines a distance of not less than one and one-tenths times the height of the tower as measured from the base of the tower. Such tower shall not be located within the front yard;
(B) All applicable state construction and electrical codes and local building permit requirements as well as the manufacturer’s installation requirements provided they do not conflict with the state and local requirements;
(C) All tower lighting required by the FAA shall be shielded to the extent possible to reduce glare and visibility from the ground. The tower shaft shall not be illuminated unless required by the FAA and the minimum FAA lighting standards shall not be exceeded;
(D) The state’s Airport Zoning Act (Pubic Act 23 of 1950, being M.C.L.A. Chapter 259), as amended;
(E) The state’s Tall Structures Act (Public Act 259 of 1959, being M.C.L.A. §§ 259.481 et seq.), as amended;
(F) The township’s Airport Overlay Zone regulations;
(G) A WISP tower that is unused or abandoned shall be removed, along with any associated buildings and structures, by the owner/operator within 90 days of the date of a written notice from the township. An extension of 90 days may be granted by the Planning Commission upon a request from the owner/operator citing extenuating circumstances beyond his, her or their control in removing the tower within the initial 90-day period; and
(H) In removing the tower the owner/operator shall comply with the decommissioning plan submitted by the applicant and as approved by the Planning Commission.
(Ord. passed 7-12-2012, § 4.14) Penalty, see § 154.999
§ 154.290 WISP MOUNTED ON A BUILDING; GENERAL REQUIREMENTS.
A WISP mounted on a building shall comply with the following requirements.
(A) All applicable state construction and electrical codes and local building permit requirements as well as the manufacturer’s installation requirements provided they do not conflict with the state and local requirements.
(B) The total height of a building mounted WISP shall not exceed 15 feet as measured from the highest point of the roof, excluding chimneys, antennas and other similar protuberances.
(C) (1) The setback for a building mounted WISP shall be a minimum of 15 feet from the property line, public right-of-way, public easement or overhead utility lines if mounted directly on a roof or other elevated surface of the building.
(2) If the WISP is affixed by any extension to the side, roof or other elevated surface, then the setback from the property line or public right-of-way shall be a minimum of 15 feet.
(3) The setback shall be measured from the furthest outward extension of all moving parts.
(4) The 15-foot minimum setback requirement may be reduced by the Building Inspector under either or both of the following circumstances:
(a) If the applicant provides a registered engineer’s certification that the WISP is designed to collapse, fall, curl or bend within a distance less than the required setback of the WISP; and
(b) If the Building Inspector determines that a lesser setback will not be detrimental to adjoining properties. In making this determination the Building Inspector shall, at a minimum, take into consideration the type and location of the building containing the WISP, the type of WISP proposed, the installation requirements of the WISP and the location of buildings or uses on the adjacent properties.
(b) The Commission may impose reasonable conditions with its approval of a WISP tower including, but not limited to, a requirement that the applicant provide a performance guarantee in a form and amount acceptable to the township for the cost of removing the WISP tower and restoration of the site and a requirement that the applicant provide regular reports regarding the maintenance and condition of the tower.
(2) Following approval of a WISP by the Planning Commission, the applicant may proceed to apply for a building permit.
(Ord. passed 7-12-2012, § 4.14) Penalty, see § 154.999