The Telecommunications Act of 1996 affirmed the City of Rockwood's authority concerning the placement, construction and modification of wireless telecommunications facilities. The City of Rockwood finds that wireless telecommunications facilities may pose significant concerns to the health, safety, public welfare, character and environment of the City and its inhabitants. The City also recognizes that facilitating the development of wireless service technology can be an economic development asset to the City and of significant benefit to the City and its residents. In order to ensure that the placement, construction or modification of Wireless Telecommunications Facilities is consistent with the City's land use policies, the City is adopting a single, comprehensive wireless telecommunications facilities application and permit process. The intent of this chapter is to minimize impact of wireless telecommunications facilities, establish a fair and efficient process for review and approval of applications, assure an integrated, comprehensive review of environmental impacts of such facilities, and protect the health, safety and welfare of the City of Rockwood.
This chapter shall be known and cited as "the Wireless Telecommunications Facilities siting Ordinance for the City of Rockwood."
For purposes of this chapter, and where not inconsistent with the context of a particular section, the defined terms, phrases, words, abbreviations, and their derivations shall have the meaning given in this section. When not inconsistent with the context, words in the present tense include the future tense, words used in the plural number include words in the singular number and words in the singular number include the plural number. The word "shall" is always mandatory, and not merely directory.
ACCESSORY FACILITY OR STRUCTURE An accessory facility or structure serving or being used in conjunction with wireless telecommunications facilities, and located on the same property or lot as the wireless telecommunications facilities, including but not limited to utility or transmission equipment storage sheds or cabinets.
ANTENNA A system of electrical conductors that transmit or receive electromagnetic waves or radio frequency or other wireless signals.
APPLICANT Any wireless service provider submitting an application for a wireless telecommunications facilities permit.
APPLICATION All necessary and appropriate documentation that an applicant submits in order to receive a wireless telecommunications facilities permit.
CO-LOCATION The use of an existing tower or structure to support antennae for the provision of wireless services. A replacement tower that is constructed on the same site as an existing tower will be considered a co-location as long as the new tower is no taller than the old tower and that the old tower is removed in a reasonable short time frame after the new tower is constructed.
COMMERCIAL IMPRACTICABILITY or COMMERCIALLY IMPRACTICABLE The inability to perform an act on terms that are reasonable in commerce, the cause or occurrence of which could not have been reasonably anticipated or foreseen and that jeopardizes the financial efficacy of the project. The inability to achieve a satisfactory financial return on investment or profit, standing alone, shall not deem a situation to be commercially impracticable and shall not render an act or the terms of an agreement commercially impracticable.
COMPLETED APPLICATION An application that contains all information and/or data necessary to enable an informed decision to be made with respect to an application.
COUNCIL The City Council of the City of Rockwood.
DISTRIBUTED ANTENNA SYSTEM or DAS A network of spatially separated antenna nodes connected to a common source via a transport medium that provides wireless service within a geographic area or structure.
FAA The Federal Aviation Administration, or its duly designated and authorized successor agency.
FCC The Federal Communications Commission, or its duly designated and authorized successor agency.
HEIGHT When referring to a tower or structure, the distance measured from the preexisting grade level to the highest point on the tower or structure, even if said highest point is an antenna or lighting protection device.
MODIFICATION or MODIFY The addition, removal or change of any of the physical and visually discernable components or aspects of a wireless facility, such as antennas, cabling, equipment shelters, landscaping, fencing, utility feeds, changing the color or materials of any visually discernable components, vehicular access, parking and/or an upgrade or changeout of equipment for better or more modern equipment. Adding a new wireless carrier or service provider to a telecommunications tower or telecommunications site as a co-location is a modification. A modification shall not include the replacement of any components of a wireless facility where the replacement is identical to the component being replaced or for any matters that involve the normal repair and maintenance of a wireless facility without adding, removing or changing anything.
NIER Nonionizing electromagnetic radiation.
PERMIT A wireless telecommunications facilities permit, as defined below.
PERSON Any individual, corporation, estate, trust, partnership, joint stock company, association of two or more persons having a joint common interest, or any other entity.
REPAIRS AND MAINTENANCE The replacement of any component of a wireless facility where the replacement is identical to the component being replaced or for any matters that involve the normal repair and maintenance of a wireless facility without the addition, removal or change of any of the physical or visually discernable components or aspects of a wireless facility that will add to the visible appearance of the facility as originally permitted.
STATE The State of Michigan.
STEALTH or STEALTH TECHNOLOGY To minimize adverse aesthetic and visual impacts on the land, property, buildings, and other facilities adjacent to, surrounding, and in generally the same area as the requested location of such wireless telecommunications facilities, which shall mean using the least visually and physically intrusive facility that is not technologically or commercially impracticable under the facts and circumstances.
TELECOMMUNICATIONS The transmission and/or reception of audio, video, data, and other information by wire, radio frequency, light, and other electronic or electromagnetic systems.
TELECOMMUNICATIONS STRUCTURE A structure used in the provision of services described in the definition of "wireless telecommunications facilities."
TEMPORARY Temporary in relation to all aspects and components of this chapter, something intended to, or that does not exist for more than 90 days.
TOWER Any structure designed primarily to support an antenna for receiving and/or transmitting a wireless signal.
WIRELESS TELECOMMUNICATIONS FACILITIES Includes a "telecommunications site" and "personal wireless facility." It means a structure, facility or location designed, or intended to be used as, or used to support antennas or other transmitting or receiving devices. This includes without limit, towers of all types and kinds and structures, including, but not limited to buildings, church steeples, silos, water towers, signs or other structures that can be used as a support structure for antennas or the functional equivalent of such. It further includes all related facilities and equipment such as cabling, equipment shelters and other structures associated with the site. It is a structure and facility intended for transmitting and/or receiving radio, television, cellular, SMR, paging, 911, personal communications services (PCS), commercial satellite services, microwave services and any commercial wireless telecommunication service not licensed by the FCC.
WIRELESS TELECOMMUNICATIONS FACILITIES PERMIT The City approval prerequisite to an applicant filing for a building permit under the City's Building Code to construct and use wireless telecommunications facilities in the City.
In order to ensure that the placement, construction, and modification of wireless telecommunications facilities protects the City's health, safety, public welfare, environmental features, the nature and character of the community and neighborhood and other aspects of the quality of life specifically listed elsewhere in this chapter, the City hereby adopts an overall policy with respect to wireless telecommunications facilities permits for the express purpose of achieving the following goals:
A. Requiring a permit for any new, co-location or modification of a wireless telecommunications facility.
B. Implementing an application process for person(s) seeking a wireless telecommunications facilities permit;
C. Establishing a policy for examining an application for and issuing a wireless telecommunications facilities permit that is both fair and consistent.
D. Promoting and encouraging, wherever possible, the sharing and/or co-location of wireless telecommunications facilities among service providers.
E. Promoting and encouraging, wherever possible, the placement, height and quantity of wireless telecommunications facilities in such a manner, including but not limited to the use of stealth technology, to minimize adverse aesthetic and visual impacts on the land, property, buildings, and other facilities adjacent to, surrounding, and in generally the same area as the requested location of such wireless telecommunications facilities, which shall mean using the least visually and physically intrusive facility that is not technologically or commercially impracticable under the facts and circumstances.
F. In granting a permit, the City has found that the facility shall be the most appropriate site as regards being the least visually intrusive among those available in the City.
The following shall be exempt from this chapter:
A. The City's fire, police, or other public service facilities owned and operated by the local government.
B. Any facilities expressly exempt from the City's siting, building and permitting authority.
C. Over-the-air reception devices including the reception antennas for direct broadcast satellites (DBS), multichannel multipoint distribution (wireless cable) providers (MMDS), television broadcast stations (TVBS) and other customer-end antennas that receive and transmit fixed wireless signals that are primarily used for reception.
D. Facilities exclusively for private, noncommercial radio and television reception and private citizen's bands, licensed amateur radio and other similar noncommercial telecommunications.
E. Facilities exclusively for providing unlicensed spread spectrum technologies (such as IEEE 802.11a, b, g [Wi-Fi] and Bluetooth) where the facility does not require a new tower.
All wireless telecommunications facilities and antennas shall be located, fenced or otherwise secured in a manner that prevents unauthorized access. Specifically:
A. All antennas, towers and other supporting structures, including guy anchor points and wires, shall be made inaccessible to individuals and constructed or shielded in such a manner that they cannot be climbed or collided with; and
B. Transmitters and telecommunications control points shall be installed in such a manner that they are readily accessible only to persons authorized to operate or service them.
Wireless telecommunications facilities shall contain a sign no larger than four square feet in order to provide adequate notification to persons in the immediate area of the presence of RF radiation or to control exposure to RF radiation within a given area. A sign of the same size is also to be installed to contain the name(s) of the owner(s) and operator(s) of the antenna(s) as well as emergency phone number(s). The sign shall be on the equipment shelter or cabinet of the applicant and be visible from the access point of the site and must identify the equipment owner of the shelter or cabinet. On tower sites, an FCC registration site as applicable is also to be present. The signs shall not be lighted, unless applicable law, rule or regulation requires lighting. No other signage, including advertising, shall be permitted.
The extent and parameters of a wireless telecommunications facilities permit shall be as follows:
A. Such permit shall not be assigned, transferred or conveyed without the express prior written notification to the City.
B. Such permit may, following a hearing upon due prior notice to the applicant, be revoked, canceled, or terminated for a violation of the conditions and provisions of the permit, or for a material violation of this chapter after prior written notice to the holder of the permit.
At the time that a person submits an application for a permit for a new tower, such person shall pay a nonrefundable application fee of $5,000 to the City. If the application is for a permit for modifying or co-locating on an existing tower or other suitable structure, where no increase in height of the tower or structure is required, or for a temporary facility the nonrefundable fee shall be $2,500.
The applicant and the owner of record of any proposed wireless telecommunications facilities property site shall, at its cost and expense, be jointly required to execute and file with the City a bond, or other form of security acceptable to the City as to type of security and the form and manner of execution, in an amount of at least $75,000 for a tower facility and $25,000 for a co-location on an existing tower or other structure and with such sureties as are deemed sufficient by the City to assure the faithful performance of the terms and conditions of this chapter and conditions of any permit issued pursuant to this chapter. The full amount of the bond or security shall remain in full force and effect throughout the term of the permit and/or until any necessary site restoration is completed to restore the site to a condition comparable to that, which existed prior to the issuance of the original permit.
In order to verify that the holder of a wireless telecommunications facilities permit and any and all lessees, renters, and/or licensees of wireless telecommunications facilities place and construct such facilities, including towers and antennas, in accordance with all applicable technical, safety, fire, building, and zoning codes, laws, ordinances and regulations and other applicable requirements, the City may inspect all facets of said permit holder's, renter's, lessee's or licensee's placement, construction, modification and maintenance of such facilities, including, but not limited to, towers, antennas and buildings or other structures constructed or located on the permitted site.
If a wireless telecommunications facility is repaired, rebuilt, placed, moved, relocated, modified or maintained in a way that is inconsistent or not in compliance with the provisions of this chapter or of the permit, then the City shall notify the holder of the permit in writing of such violation. A permit holder in violation may be considered in default and subject to fines as in §
263-25 and, if a violation is not corrected to the satisfaction of the City in a reasonable period of time, the permit is subject to revocation.
Relief, waiver or exemption from any aspect or requirement of this chapter may be granted by City Council, provided that the relief or exemption is contained in the submitted application for either a wireless telecommunications facilities permit, or in the case of an existing or previously granted wireless telecommunications facilities permit, a request for modification of its tower and/or facilities. Such relief may be temporary or permanent, partial or complete. However, the burden of proving the need for the requested relief, waiver or exemption is solely on the applicant to prove. The applicant shall bear all costs of the City in considering the request and the relief, waiver or exemption. No such relief or exemption shall be approved by City Council unless the applicant demonstrates by clear and convincing evidence that, if granted the relief, waiver or exemption, there will be no significant effect on the health, safety and welfare of the City, its residents and other service providers.