Township of Park, MI Wireless Communications Towers and Antennas

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:

ALTERNATIVE TOWER STRUCTURE

Man-made trees, clock towers, bell steeples, church spires, light poles, elevator bulkheads, barns, silos, and similar alternative-design mounting structures that camouflage or conceal the presence of antennas or towers.

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 (excluding radar signals), wireless communications signals or other communication signals.

CO-LOCATION

The use of a tower by more than one wireless telecommunications provider.

FAA

The Federal Aviation Administration.

FCC

The Federal Communications Commission.

GUYED TOWER

Any tower that utilizes guy wires.

HEIGHT

When referring to a tower or other building or structure upon which an antenna is mounted, the distance measured from the finished grade of the parcel at the center of the front of the tower or other building or structure to the highest point on the tower or other building or structure, including the base pad and any antenna.

LATTICE TOWER

A support structure constructed of vertical metal struts and cross braces, forming a triangular or square structure which often tapers from the foundation to the top.

MONOPOLE TOWER

A support structure constructed of a single, self-supporting pole, securely anchored to a foundation without guy wires.

PREEXISTING TOWERS and PREEXISTING ANTENNAS

Any tower or antenna for which a building permit or special use permit has been properly issued prior to the effective date of the amendment to the ordinance adding this article, or any tower or antenna for which no building and/or special use permit was required, including permitted towers or antennas that have not yet been constructed so long as such approval is current and not expired.

TOWER

Any structure that is designed and constructed primarily for the purpose of supporting one or more antennas, including self-supporting (i.e., without guy wires or other external means of support) lattice towers, guyed towers, or monopole towers, used for the transmission or reception of radio, telephone, cellular telephone, television, microwave or any other form of telecommunication signals. The term "tower" includes the structure and any support for the structure.

Sec. 38-534 Background.

[Ord. No. Z, eff. 2-7-1974; Ord. No. Z-38, eff. 1-8-1998; Ord. No. Z-57, eff. 12-13-2007]

(a)

The Township has received or expects to receive requests to site wireless communications towers and antennas within its boundaries.

(b)

The Township finds that it is in the public interest to permit the siting of wireless communications towers and antennas within its boundaries.

(c)

It is the Township's intent to permit the siting of wireless communications towers and antennas within its boundaries.

(d)

It is the Township's intent to protect and promote the public health, safety and welfare by regulating the siting of wireless communications towers and antennas within its boundaries.

Sec. 38-535 Purpose and goals.

[Ord. No. Z, eff. 2-7-1974; Ord. No. Z-38, eff. 1-8-1998; Ord. No. Z-57, eff. 12-13-2007]

(a)

The purpose of this article is to establish reasonable guidelines and general regulations for siting wireless communications towers and antennas.

(b)

The goals of this article are to:

(1)

Protect residential areas and land uses from potential adverse effects of towers and antennas;

(2)

Encourage the location of towers and antennas in nonresidential areas;

(3)

Minimize the total number of towers and antennas throughout the Township;

(4)

Promote the joint use of existing tower sites rather than construction of additional towers;

(5)

Promote the location of towers and antennas in areas where the adverse effect on the Township is minimal;

(6)

Promote the configuration of towers and antennas to minimize their adverse visual impact through careful design, siting, landscape screening, and innovative camouflaging techniques;

(7)

Promote telecommunications services to the Township which are quick, effective, and efficient;

(8)

Protect the public health and safety of the Township and its residents; and

(9)

Avoid potential damage to adjacent properties from tower failure through engineering and careful siting of tower structures.

To further these goals, the Township shall consider its Comprehensive Plan, Zoning Map, existing land uses, and environmentally sensitive areas in approving sites for the location of towers and antennas.

Sec. 38-536 Applicability.

[Ord. No. Z, eff. 2-7-1974; Ord. No. Z-38, eff. 1-8-1998; Ord. No. Z-57, eff. 12-13-2007]

(a)

New towers and antennas. All new towers and new antennas in the Township shall be subject to this article, except as otherwise provided in this section.

(b)

Amateur radio station operators/receive-only antennas; television antennas. This article shall not govern any tower, or the installation of any antenna that is under 90 feet in height and is owned and operated by a federally licensed amateur radio station or is used exclusively for receive only antennas for voice or television reception.

(c)

Preexisting towers and antennas. Preexisting towers and preexisting antennas shall not be required to meet the requirements of this article, other than the requirements of Section 38-537(f) and (g), and the general requirements of this article concerning preexisting structures (i.e., Article VII of this chapter, pertaining to parking and loading spaces).

Sec. 38-537 General requirements.

[Ord. No. Z, eff. 2-7-1974; Ord. No. Z-38, eff. 1-8-1998; Ord. No. Z-57, eff. 12-13-2007]

(a)

Principal or accessory use. Antennas and towers may be considered either principal or accessory uses. A different existing use of or on the same lot shall not preclude the installation of an antenna or tower on that lot. Likewise, an existing antenna or tower on a lot shall not preclude the location of a different use, building or structure on the same lot.

(b)

Lot size. Even though antennas or towers may be located on leased portions of a lot, the dimensions of the entire lot shall be used to determine if the installation of a tower or antenna complies with the regulations of the applicable zoning district, including, but not limited to setback requirements, lot-coverage requirements, and other such requirements. The area of the lot and the lot dimensions, frontage for example, shall meet the minimum requirements of the zoning district within which it is located.

(c)

Height. Towers shall not exceed a maximum height of the lesser of 199 feet or one foot lower than the height that would require illumination of the tower on the date of the commencement of construction of the tower.

(d)

Tower finish. Towers shall either maintain a galvanized steel finish or, subject to any applicable standards of the FAA, be painted a neutral color so as to reduce visual obtrusiveness.

(e)

Design of tower site. All towers shall be designed and constructed to accommodate the co-location of a minimum of three wireless communication carriers or providers. At a tower site, the design of the buildings and related structures shall, to the extent possible, use materials, colors, textures, screening, and landscaping that will blend them into the natural setting and surrounding buildings.

(f)

Antenna color. An antenna and its supporting electrical and mechanical equipment must be of a neutral color that is identical to, or closely compatible with, the color of the supporting structure so as to make the antenna and related equipment as visually unobtrusive as possible.

(g)

Lighting. Towers shall not be artificially lighted, unless required by the FAA or other applicable authority. If lighting is required, the lighting alternatives and design chosen must cause the least disturbance to the surrounding views.

(h)

State or federal requirements. All towers and antennas must meet or exceed current standards and regulations of the FAA, the FCC, and any other agency of the state or federal government with the authority to regulate towers and antennas. If such standards and regulations are changed, then the owners of the towers and antennas governed by this article shall bring such towers and antennas into compliance with such revised and applicable standards and regulations within six months of the effective date of such standards and regulations, unless a different compliance schedule is mandated by the controlling state or federal agency. Failure to comply with such revised and applicable standards and regulations shall constitute grounds for the Township to seek a court order, authorizing the Township or its designee to remove the tower and/or antenna at the owner's expense.

(i)

State construction codes and safety standards. The owner of a tower or antenna shall ensure its structural integrity by maintaining it in compliance with the standards contained in applicable state construction code and applicable standards published by the electronic industries association or any similar successor organization, as amended from time to time. If the Township suspects that a tower or an antenna does not comply with such codes or standards and constitutes a danger to persons or property, then the Township may proceed under applicable law in Article IV of Chapter 10, pertaining to dangerous buildings or common law to bring the tower or antenna into compliance or to remove the tower or antenna at the owner's expense.

(j)

Measurement. Tower setbacks and separation distances shall be measured and applied to facilities without regard to municipal and county jurisdictional boundaries.

(k)

Not essential services. With the exception of towers and antennas erected or installed by Ottawa County central dispatch or other similar public entities for purposes of public safety, which are considered by the Township to be essential services, all commercial towers and antennas shall be regulated and permitted pursuant to this article, and shall not be regulated or permitted as essential services, public utilities, or private utilities.

(l)

Franchises. Owners and/or operators of towers or antennas shall certify that all franchises required by law for the construction and/or operation of a wireless communication system in the Township have been obtained, and they shall file a copy of all required franchises with the Zoning Administrator.

(m)

Signs. No signs or advertising shall be allowed on an antenna or tower. However, the tower owner may post a sign no larger than 12 square feet in area designating a person to contact in an emergency, together with the person's telephone number and address.

(n)

Metal towers. Metal towers shall be constructed with a corrosion-resistant material.

(o)

No interference. Towers shall not interfere with television or radio reception on surrounding properties.

(p)

Paving requirement. All parking and drive areas shall be paved with an asphalt or concrete binder and shall be constructed in accordance with the requirements of Section 38-605. In the alternative, the Planning Commission may allow appropriate environmentally friendly paving materials, such as pervious concrete or other porous paving material that allows water to pass through it.

Sec. 38-538 Permitted uses.

[Ord. No. Z, eff. 2-7-1974; Ord. No. Z-38, eff. 1-8-1998; Ord. No. Z-57, eff. 12-13-2007]

(a)

General. The uses listed in this section are deemed to be permitted uses by right in any zoning district and shall not require a special use permit.

(b)

Permitted uses.

(1)

Antennas or towers located on property owned, leased, or otherwise controlled by the Township are permitted uses, provided a license or lease authorizing such antenna or tower has been approved by the Township. This provision shall not be interpreted to require the Township to approve a license or lease.

(2)

Antennas which are themselves not more than 30 feet in height and located upon legally existing electric transmission towers are permitted uses.

Sec. 38-539 Special use permits.

[Ord. No. Z, eff. 2-7-1974; Ord. No. Z-38, eff. 1-8-1998; Ord. No. Z-57, eff. 12-13-2007]

(a)

General. The following provisions shall govern the issuance of special use permits for towers or antennas by the Planning Commission.

(1)

If the tower or antenna is not a permitted use under Section 38-538, then a special use permit shall be required for the construction of a tower or the placement of an antenna in any zoning district.

(2)

Applications for special use permits under this section shall be subject to the general procedures and requirements of this article for special uses, except as modified in this section.

(3)

In granting a special use permit, the Planning Commission may impose such conditions that the Planning Commission concludes are necessary to minimize any adverse effect of the proposed tower or antenna on adjoining properties.

(4)

Any information of an engineering nature that the applicant submits, whether civil, mechanical, or electrical, shall be certified by a licensed professional engineer. This engineer shall certify in writing that the tower or antenna will be structurally sound and will comply with all applicable building and other construction code requirements.

(b)

Processing special use applications.

(1)

Submittal information required. Applicants for a special use permit for a tower or an antenna shall submit the following information, in addition to any other information required by this article.

A scaled site plan showing: the location, type and height of the proposed tower or antenna; on-site land uses and zoning; adjacent land uses, including buildings and structures located thereon, and zoning (even if adjacent to another Township); comprehensive plan classification of the site and all properties within the applicable separation distances set forth in Subsection (b)(6) of this section; small scale sketch of properties, streets and uses within one-half mile of the proposed tower or antenna; adjacent roadways; proposed means of access; setbacks from property lines; elevation drawings of the proposed tower or antenna and any other structures; topography; parking; and other information deemed necessary by the Zoning Administrator or Planning Commission to assess compliance with this article.

Legal description of the lot and of the leased portion of the lot (if applicable), together with a copy of the applicant's deed or lease.

The separation distance between the proposed tower or antenna and the nearest dwelling, platted residential properties, and unplatted residentially zoned properties.

An inventory of the existing towers, antennas, or sites approved for towers or antennas, that are either within the jurisdiction of the Township or within one mile of the Township border, including specific information about the location, height, design, type of construction, capacity to locate additional antennas, and the owners/operators of those existing towers and antennas, along with the separation distance between those other towers or antennas and the proposed tower and/or antenna.

A detailed landscape plan showing specific landscape materials, both existing and proposed.

A description of the method of fencing, finished color and, if applicable, the method of camouflage and illumination of the tower and/or antenna.

Signed and sealed construction plans for the tower and/or antenna.

A description of compliance with the requirements of this article, and of all applicable federal, state, county or Township laws, rules, regulations and ordinances.

A notarized statement by the applicant for a tower, indicating if the tower will accommodate co-location of additional antennas for future users.

A description of the services to be provided by the proposed new tower or antenna, and any alternative ways to provide those services without the proposed new tower or antenna, and evidence (in the form of a report, study, or other relevant documentation) that no existing tower, antenna, alternative tower structure, structure, or alternative technology can provide the services sought by the applicant.

A description of the feasible location of applicant's future planned towers or antennas within the Township based upon existing physical, engineering, technological or geographical limitations in the event the proposed tower or antenna is erected.

(2)

Factors considered in granting special use permits for towers or antennas. In addition to any other standards specified in this article for considering special use permit applications, the Planning Commission shall also consider the following factors in determining whether to issue a special use permit under this article.

Height of the proposed tower or antenna;

Proximity of the proposed tower or antenna to residential structures and residential district boundaries;

Nature of uses on adjacent and nearby properties;

Surrounding topography;

Surrounding tree coverage and foliage;

Design of the proposed tower or antenna, with particular reference to design characteristics that have the effect of reducing or eliminating visual obtrusiveness;

Proposed ingress and egress to the proposed tower or antenna;

Availability of suitable existing towers or antennas, alternative tower structures, other structures, or alternative technologies not requiring the use of towers or antennas or other structures, as discussed in this section;

The effect of the proposed tower or antenna on the conforming properties and the surrounding neighborhood; and

Whether or not the proposed tower or antenna is located in zoning districts or on structures where the Township intends at least most towers and antennas in the Township to be located, as subsequently described in this section.

(3)

Township intentions concerning the location of most if not all towers and antennas. The Township intends that most if not all towers and antennas will be located as described in this subsection.

The Township encourages the location of towers and antennas, including the placement of additional buildings or other supporting equipment used in connection with them, where they will have a minimal adverse effect on residential uses.

The Township encourages the location of antennas on existing towers.

The Township encourages antennas on existing structures which are not towers, as an accessory use to any commercial, industrial, professional, institutional, or multifamily structure of eight or more dwelling units, provided the antenna does not extend more than 30 feet above the highest point of the structure.

(4)

Availability of suitable existing towers, antennas, alternative tower structures, other structures, or alternative technology. No new tower or antenna shall be permitted unless the applicant demonstrates that no existing tower, antenna, alternative tower structure or alternative technology can provide the services sought by the applicant without the erection of the applicant's requested new tower or antenna. At the applicant's sole cost and expense, the Township will contract with an engineer, or other professional consultant, to review the information submitted by the applicant and then provide a report to the Planning Commission regarding whether this requirement has been adequately met. Evidence that no existing tower, antenna, alternative tower structure, structure, or alternative technology can provide the services sought by the applicant may consist of the following.

The applicant could demonstrate that no existing towers, antennas, alternative tower structures, alternative technology, or other structures are available within the geographical area which meet the applicant's engineering requirements.

The applicant could demonstrate that existing towers, antennas, alternative tower structures, or other structures are not of sufficient height to meet the applicant's engineering requirements, and that their height cannot be increased to meet such requirements.

The applicant could demonstrate that existing towers, alternate tower structures, or other structures do not have sufficient structural strength to support the applicant's proposed antenna and related equipment, and that their strength cannot practically be increased to provide that support.

The applicant could demonstrate that the proposed antenna would cause electromagnetic interference with existing towers or antennas, or that existing towers or antennas would cause interference with the applicant's proposed antenna.

The applicant could demonstrate that the costs to collocate an antenna exceed the costs of erecting a new tower or antenna.

The applicant could demonstrate that there are other limiting factors that render existing towers, antennas, alternative tower structures, and other structures unsuitable.

The applicant could demonstrate that an alternative technology that does not require the use of towers or antennas is cost-prohibitive or unsuitable.

(5)

Setbacks. The following setback requirements shall apply to all towers for which a special use permit is required.

Towers must be set back a minimum distance equal to at least 75% of the height of the tower from any adjoining lot line. The setback is measured from the perimeter or outside edge of the base of the tower.

Guys and accessory buildings must satisfy the minimum setback requirements for the applicable zoning district.

(6)

Separation. The following separation requirements shall apply to all towers for which a special use permit is required.

All monopole towers shall have a separation distance of the greater of 200 feet or two times the height of the tower from residentially zoned or used property.

All lattice or guyed towers shall have a separation distance of the greater of 300 feet or three times the height of the tower from residentially zoned or used property.

All new lattice or guyed towers shall be separated a minimum distance of 5,000 feet from any existing tower (lattice, guyed, or monopole). Separation distances between towers shall be applicable for and measured between the proposed lattice or guyed tower and preexisting towers. The separation distances shall be measured by drawing or following a straight line between the base of the existing tower and the proposed base, pursuant to a site plan of the proposed tower.

(7)

Security fencing. Towers and their guy wires, if any, for which a special use permit is required shall be enclosed by security fencing not less than six feet in height. The towers shall also be equipped with appropriate anti-climbing devices.

(8)

Landscaping. The following requirements shall govern the landscaping surrounding towers for which a special use permit is required. The required landscaping shall be maintained in good condition for the duration of the special use permit and shall be irrigated.

Tower facilities shall be landscaped with a buffer of plant materials that effectively screens the view of the tower compound from adjacent property. The standard buffer shall consist of a landscaped strip at least eight feet wide outside the perimeter of the compound. The landscaping buffer shall include native, indigenous species, including, but not limited to evergreens, planted at intervals that provide effective, year-round screening.

Existing mature tree growth and natural land forms on the site shall be preserved to the maximum extent possible. In some cases, such as towers sited on large wooded lots, the Planning Commission may conclude that natural growth around the property perimeter may be a sufficient buffer.

Sec. 38-540 Accessory utility buildings.

[Ord. No. Z, eff. 2-7-1974; Ord. No. Z-38, eff. 1-8-1998; Ord. No. Z-57, eff. 12-13-2007]

All utility buildings and structures accessory to a tower or an antenna shall comply with all other requirements of this article, shall be architecturally designed to blend in with the surrounding environment and shall meet the minimum setback requirements of the zoning district where the tower or antenna is located. 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.

Sec. 38-541 Removal of abandoned antennas and towers.

[Ord. No. Z, eff. 2-7-1974; Ord. No. Z-38, eff. 1-8-1998; Ord. No. Z-57, eff. 12-13-2007]

Notwithstanding anything to the contrary elsewhere in this article, any antenna that is not operated or any tower that is not utilized for an operating antenna for a continuous period of 24 months shall be considered abandoned, and the owner of such antenna or tower shall remove the same within 90 days of receipt of notice from the Township notifying the owner of such abandonment. Failure to remove an abandoned antenna or tower within the 90 days shall be grounds for the Township to proceed under applicable state law to remove the tower or antenna at the owner's expense. If there are two or more users of a single tower, then this provision shall not become effective until all users cease using the tower. The owner of each antenna and/or tower shall submit to the Township in January of each year evidence satisfactory to the Township that the antenna and/or tower is being currently operated and utilized.

Sec. 38-542 Expansion of nonconforming use.

[Ord. No. Z, eff. 2-7-1974; Ord. No. Z-38, eff. 1-8-1998; Ord. No. Z-57, eff. 12-13-2007]

Notwithstanding any other provisions of this article to the contrary, towers that are constructed and antennas that are installed in accordance with this article shall not be deemed to be the expansion of a nonconforming use or structure.

Sec. 38-543 through Sec. 38-562. (Reserved)