[Adopted 3-23-2017 (Ch.
66 of the 1978 General Ordinances)]
For purposes of this article, the following terms and phrases
shall be defined as follows:
Structures of any nature installed and/or operated for the
provision of telecommunication or wireless services including, without
limitation, antennas, supporting structures for antennas, poles, equipment
shelters or houses, and any ancillary equipment.
Any distributed antennas system or small cell telecommunication
or data wireless network.
No person shall install or operate, in whole or in part, DAS/small
cell/wireless facilities or DAS/small cell/wireless network facilities
in a City public right-of-way or other public place without first
applying for and receiving a DAS/small cell/wireless license from
the City in a form and subject to such terms and conditions as is
acceptable to the City. Nothing herein shall be interpreted to require
the City to issue such a license and the City reserves to itself discretion
to grant, deny or modify a request for such a license as it determines
to be in the best interest of the City and its citizens.
No person shall install or operate "telecommunications facilities,"
as defined in the Metropolitan Extension Telecommunications Rights-Of-Way
Oversight Act, Act No. 48 of the Public Acts of 2002, as amended (the
"Act"),[1] without first obtaining a permit under the Act from the
City, including any part of a DAS/small cell/wireless system constituting
telecommunication facilities.
[1]
Editor's Note: See MCLA § 484.3101 et seq.
Where permitted by the City, the following minimal design parameters
shall apply to DAS/small cells/wireless network facilities in City
public rights-of-way:
A.
The required map(s) for proposed DAS/small cell/wireless facilities
shall be legible, to scale, labeled with streets, and contain sufficient
detail to clearly identify the proposed DAS/small cell/wireless network
facilities' locations and surroundings. Where applicable, the
required map or list shall include and identify any requested pole
height(s).
B.
The maximum height of a pole or other supporting structure installed
to accommodate a DAS/small cell/wireless network shall be 40 feet.
C.
Unless otherwise permitted in § 26-56F, DAS/small cell/wireless facilities shall be located no closer than 18 inches from an existing sidewalk/face of curb or 18 inches from a proposed future sidewalk/face of curb location.
[Amended 4-17-2017]
D.
Unless otherwise permitted in § 26-56-F, DAS/small cell/wireless
facilities shall be located no closer than 10 feet from any driveway.
[Amended 4-17-2017]
E.
In residential areas, DAS/small cell/wireless facilities shall be
located in line with a side lot line whenever possible and not in
front of a house.
F.
The licensee shall field-stake all proposed locations for DAS/small
cell/wireless facilities which shall be subject to the approval of
the City, Lapeer County Road Commission and/or the Michigan Department
of Transportation, as applicable. All approved DAS/small cell/wireless
facilities' locations shall be on a per pole/equipment/other
basis. Such approvals shall be memorialized by the City and licensee.
G.
Once precise locations have been approved in accordance with § 26-56F, the licensee shall provide latitude and longitude coordinates for the DAS/small cell/wireless facilities' locations to the City's Department of Public Works.
H.
The licensee shall be responsible to obtain such other permits and
approvals as required by law.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
The City, through its Department of Public Works, in reviewing
and authorizing a permit under the Act and/or a license referred to
in this section, and the licensee, in the establishment and operation
of any DAS/small cell/wireless network facilities, shall comply with
all applicable federal and state laws.
Fees for the agreement and permits required shall be as provided
for in the Act or those documents and as periodically authorized by
resolution of the City Commission.
This article will become effective as of its publication of
adoption in a newspaper in general circulation within the City as
provided by law.
