1. It is the general purpose and intent of the Township to comply with the requirements of the Federal Telecommunications Act of 1996 by authorizing towers and antennas needed to operate wireless communication systems. However, it is the further purpose and intent of the Township to provide for such authorization in a manner which will retain the integrity of neighborhoods and the character, property values, and quality of the Township. It is the further purpose and intent of this Section to:
   1. Facilitate adequate and efficient provision of sites for towers and antennas.
   2. Ensure that towers and antennas are situated in appropriate locations and relationships to other land uses, structures and buildings.
   3. Limit overcrowding of land use activities and avoid adverse impact upon existing population, transportation systems, and other public services and facility needs.
   4. Require adequate information about plans for towers and antennas in order to permit the Township to effectively plan for the location of such facilities.
   5. Minimize adverse impacts of the technological obsolescence of such facilities.
   6. Minimize the negative visual impact of towers and antennas on neighborhoods, community landmarks, natural beauty areas and public rights-of-way, by reducing the numbers of towers through co-location where feasible.

"Antenna." Any exterior transmitting or receiving device mounted on a tower, building or structure and used in communications that radiate or capture electromagnetic waves, digital signals, analog signals, radio frequencies, wireless telecommunications signals or other communication signals.

"Co-Location." The use of a single support structure, building and/or site by more than one wireless communication provider.

"Tower." Any structure that is designed and constructed primarily for the purpose of supporting one or more antennas for telephone, radio and similar communication purposes, including self-supporting lattice towers, guyed towers or monopole towers. Tower includes radio and television transmission towers, microwave towers, common carrier towers, cellular telephone towers, alternative tower structures and the like. Tower includes the structure thereof and any support thereto.

"Height, Tower." The distance measured from the finished grade of the parcel of land to the highest point on the tower or other structure, including the base pad and any antenna.

Antennas and towers exceeding a height of 50 feet shall be permitted only if approved as a special land use by the Planning Commission under the terms of this Section and Chapter 15.

1. The application for special land use for such antenna or tower shall include the following information, in addition to what is otherwise required by the terms of this chapter:
   1. A detailed site development plan prepared to the specifications of Chapter 14 depicting the nature, type, appearance and location of the antenna and tower, any buildings or other structures and all other external features of the special land use, including driveways, fencing, isolation distances, screening and landscaping and other matters.
   2. A visual impact analysis which shall include graphic depiction of the anticipated visual appearance of the tower from important vantage points in the surrounding area. Methods used in preparing the analysis shall be reviewed and approved by the Township Planner.
   3. A justification for the proposed height of the antenna and tower and an evaluation of alternative designs which might result in lower heights.
   4. A maintenance plan and any applicable maintenance agreement, prepared so as to ensure long-term, continuous maintenance of the antenna and tower and any supporting structures.
   5. A list of all properties investigated for placement of the proposed tower and antenna and the rationale and other background material for selecting the proposed location. The applicant shall provide copies of correspondence to and from owners of properties who have been contacted by the applicant and who have refused to allow their property to be utilized, purchased or leased by the applicant
   6. A list of other wireless communication providers who have been contacted by the owner regarding co-location as well as any correspondence to and from the other providers.
   7. A map showing existing and known proposed telecommunications facilities or other structures within and surrounding the Township which could possibly be used by the applicant to co-locate the proposed antenna.

It is the policy of the Township that all wireless communication providers co-locate on existing towers or structures capable of accommodating antennas to minimize the overall number of newly established towers within the Township and to encourage the use of existing towers and structures for new antennas. Thus, if a party who owns or otherwise controls a tower as defined herein, shall fail or refuse to allow the alteration of a tower so as 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.

An application for co-location on an existing tower shall require only site plan review in order to obtain approval. The site plan shall be reviewed in accordance with the requirements of Chapter 14 of this Ordinance. The Planning Commission shall also review the application in accordance with the applicable requirements and standards of this Section.

An antenna or tower approved as a special land use shall comply with all of the following requirements:

1. The general standards for approval of all special land use permit applications contained in this Chapter 15.
2. In addition to the standards for approval of all special land use permit applications contained in this Chapter 15, the Planning Commission shall consider the following factors in determining whether to issue a special use permit for a communications antenna or tower:
   1. Height of the proposed tower;
   2. Proximity of the tower to residential structures and residential district boundaries;
   3. Nature of uses on adjacent and nearby properties;
   4. Surrounding topography;
   5. Surrounding tree coverage and foliage;
   6. Design of the tower, with particular reference to design characteristics that have the effect of reducing or eliminating visual obtrusiveness;
   7. Proposed ingress and egress; and
   8. Availability of suitable existing towers, or other structures for co-location, or alternative technologies not requiring the use of towers or structures, as discussed in sub-section 21.06(c) below.
3. No new tower shall be permitted unless the applicant demonstrates to the reasonable satisfaction of the Planning Commission that no existing tower, structures or alternative technology that does not require the use of towers or structures can accommodate the applicant's proposed antenna. An applicant shall submit information requested by the Planning Commission related to the availability of suitable existing towers, other structures or alternative technology. Evidence submitted to demonstrate that no existing tower, structure or alternative technology can accommodate the applicant's proposed antenna may consist of any of the following:
   1. No existing towers or structures are located within the geographic area which meets the needs of the applicant
   2. Existing towers or structures are not of sufficient height to meet the applicant's needs.
   3. Existing towers or structures do not have sufficient structural strength to support applicant's proposed antenna and related equipment.
   4. The applicant's proposed antenna would cause electromagnetic interference with the antenna on the existing towers or structures, or the antenna on the existing towers or structures would cause interference with the applicant's proposed antenna.
   5. The fees, costs, or contractual provisions required by the owner in order to share an existing tower or structure or to adapt an existing tower or structure for sharing are unreasonable. Costs exceeding new tower development are presumed to be unreasonable.
   6. The applicant demonstrates that there are other material limiting factors that render existing towers and structures unsuitable.
   7. The applicant demonstrates that an alternative technology that does not require the use of towers or structures is unsuitable.
4. Facilities shall be located and designed so as to be reasonably harmonious with the surrounding area.
5. The maximum height of the antenna and tower shall be the minimum height necessary for reasonable communications by the applicant, and by other entities which may collocate on the structure.
6. There shall be unobstructed access to the support structure, for operation, maintenance, repair and inspection purposes.
7. The support system shall be constructed in accordance with all applicable building codes.
8. A proposed tower for commercial telecommunications services shall be required to be designed, constructed and placed so as to accommodate both the applicant's equipment and comparable equipment for at least three or more additional users. The Planning Commission may permit a tower design which would allow fewer than three other users if the Commission finds that three additional users would not be consistent with the intent and purposes of this section.
9. The Planning Commission may require that such towers be designed and constructed so as to allow for the future rearrangement of equipment upon the tower, and to accept equipment mounted at varying heights on the tower.
10. Towers for telecommunications services shall be designed so as to blend, insofar as possible, into the surrounding environment, through the use of color of equipment and architectural treatment, except in those cases where color of equipment may be dictated by state or federal agencies. Such towers shall be of a monopole design unless the Planning Commission determines that an alternative design would be satisfactory. The monopole may be designed to resemble natural features or to fit in with the design of other existing structures in the area.
11. The Planning Commission may require that telecommunications towers, or other related structures or buildings, be screened with landscaping, berms, walls or a combination of any of them. The Commission may require plantings to be placed on properties adjacent to the tower site in order to provide a more effective visual screen.
12. A condition of every approval of a tower and associated facilities shall be the posting of adequate performance surety for removal of all or part of the facility by the users and owners when the facility has not been used for 180 days or more. For purposes of this section, 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.
    
    Facilities which are abandoned or unused shall be removed by the owner or operator along with any associated buildings, structures or equipment within 180 days of a written notice from the Township that such is required, unless a time extension is granted by the Zoning Administrator. One time extension, of up to six months, shall be permitted if the Zoning Administrator determines that the owner or former operator of the facility is taking active steps to ensure its removal.
    
    If the required removal of a facility or a portion thereof has not been lawfully completed by the applicable deadline, and after at least thirty (30) days written notice that the Township intends proceed to with removal, the Township may remove or secure the removal of the facility or required portions thereof. The actual cost and reasonable administrative charge for the removal may be drawn, collected and/or enforced from or under security posted at the time of the approval establishing the facility.
13. If the height required for the tower to serve its intended function decreases from the installed height, due to technological advancement, additional tower installations at other locations, or other factors, the tower shall be lowered to such decreased minimum upon notice given by the Township.
14. High Intensity Strobe lighting shall not be permitted unless required by federal or state agencies.
15. Any ancillary building housing equipment needed for the operation of the antenna or tower, or any other appurtenance, shall be of a size, type, color and exterior materials which are aesthetically compatible with existing principal buildings within the surrounding area.
16. 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 requirements for principal buildings, including yard setbacks.
17. Where a tower or antenna is proposed for the roof a building or for the top of another existing structure, the tower shall be designed, constructed and maintained so as to be reasonably architecturally compatible with the principal building or structure.
18. Any antenna or tower shall be located only in a rear yard or side yard, unless otherwise permitted by the Planning Commission. It shall not be closer to a property line than its height, unless a lesser setback is permitted by the Planning Commission based on documentation from the applicant that a closer setback will not create a hazard to adjoining properties or roadways.
19. The requirements of the Federal Aviation Administration, the Federal Communications Commission and the Michigan Aeronautics Commission shall be fully complied with.
20. Where it is determined by the Planning Commission that the minimum lot size, lot width, lot frontage, lot access or other general or district dimensional requirement is not reasonably necessary to support the facility and that strict adherence to those standards is not warranted for the protection of health safety and welfare, the Planning Commission may waive or modify one or more of such requirements.
21. In its reasonable discretion, the Planning Commission may impose additional terms and conditions regulating the construction, installation, use, repair, maintenance and removal of an antenna or tower in order to achieve the intent and purposes of this section.

Failure to comply with conditions of approval stipulated for a tower or antenna under this section may result in the revocation of the Special Land Use Permit. In considering whether to revoke a Special Land Use Permit, a hearing shall be held by the Planning Commission in accordance with the procedures of Section 24.04 (Amended Ord. 2007-1Z, effective 7-24-07).