This chapter shall be known and cited as the Buchanan Township
"Communication Tower Ordinance."
The purpose of this chapter is to provide a procedure for the
application, siting, regulation, construction and operation of towers,
structures and related facilities that utilize the radio frequency
spectrum for the purpose of transmitting, rebroadcasting or receiving
radio signals.
For the purpose of this chapter, certain terms and words used
herein shall have the following meaning:
CO-LOCATION
The location of two or more wireless communication providers
of wireless communication facilities on a common structure, tower,
or building, in an effort to reduce the overall number of structures
required to support wireless communication antennas with the community.
FEASIBILITY OF CO-LOCATION
Co-location shall be deemed to be feasible, for purposes
of this section, where all of the following are met:
A.
The wireless communication provider entity under consideration
for co-location will undertake to pay market rent or other market
compensation for co-location.
B.
The site on which co-location is being considered, taking into
consideration reasonable modification of replacement of a facility,
is able to provide structural support.
C.
The co-location being considered is technologically reasonable;
e.g., the co-location will not result in unreasonable interference
given appropriate physical and other adjustments in relation to the
structure, antennas, and the like.
D.
The height of the structure necessary for co-location will not be increased beyond a point deemed to be permissible by the Township, taking into consideration the several standards contained in §
80-9 of this chapter.
TELECOMMUNICATION TOWER
Includes all structures and accessory facilities relating
to the use of the radio frequency spectrum for the purpose of transmitting
or receiving radio signals. This may include, but shall not be limited
to, radio towers, television towers, telephone devices and exchanges,
microwave relay facilities, telephone transmission equipment building(s)
and private and commercial mobile radio facilities. Not included within
this definition are citizen band radio facilities, short-wave receiving
facilities, radio and television broadcast reception facilities, federally
licensed amateur (ham) radio facilities, satellite dishes, and governmental
facilities which are subject to state or federal law or regulations
which preempt municipal regulatory authority.
No telecommunication tower shall be erected in the Township
without first having acquired a permit as described in this chapter.
An application shall be submitted by the owner of record with
the application fee as required by Board resolution. Such application
shall be submitted to the Township Clerk, or Board designee(s), who
shall then review the application for completeness, pursuant to the
conditions contained herein.
In addition to the information required on the application form,
an application submitted under this chapter shall include:
A. A statement describing the efforts by the applicant utilized to determine
the feasibility of co-location. If co-location is unavailable or not
practical, the applicant shall provide a statement which identifies
the facts, characteristics and/or circumstances which render co-location
unavailable or technically not practical for the coverage area and
capacity needs. Any such documentation must be verified by a certified
Michigan professional engineer.
B. A site plan prepared in accordance with the requirements found in Chapter
300, Zoning, Article
XXIII, Site Plan Review and Approval Procedures. The site plan shall so identify the zoning districts of all property within two miles of the proposed site.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
C. An engineering drawing of the tower or co-location design signed
by a certified Michigan structural or professional engineer verifying
that the tower or co-location design meets all wind load and soil
load bearing requirements for the intended site.
D. A maintenance plan, and any applicable maintenance agreement, shall
be presented and approved as part of the site plan for the proposed
facility. Such plan shall be designed to ensure long-term, continuous
maintenance to a reasonable, prudent standard and shall include general
lawn care, building and ground maintenance plans.
E. The name, address and phone number of the person to contact for engineering,
maintenance and other notice purposes. This information shall be continuously
updated by the applicant during all times the facility is on the premises.
F. A list of all property owners within a one-half-mile radius of the
proposed site.
G. A map showing the locations, name and address of the owner(s) and/or
operators of any other telecommunication tower within the Township
and any other tower within a five-mile radius of the proposed site,
identifying any other co-location utilized on each tower.
H. An application fee in the amount established for special use permits
along with a sufficient deposit to cover any mailing and publication
costs required for the public hearing.
Providing all the above requirements have been satisfied, the
Township Board shall schedule a public hearing to be held no sooner
than 28 days after the Board meeting at which the public hearing was
scheduled. All property owners within a half-mile radius of the proposed
site shall be notified by first class mail of the public hearing.
The following site and development requirements shall apply:
A. The proposed site must meet the minimum area requirements of the
zoning district as well as the minimum road frontage requirements.
B. The use of guy wires is strictly prohibited. All towers shall be
self supporting.
C. The base of the tower shall be fenced with a chain-link fence not
less than six feet high.
D. Telecommunication towers shall only be located in Commercial/Service,
Industrial and Agricultural Districts.
E. Any such site which is approved shall maintain a separate access
road or driveway. No other use shall be served by said driveway or
road.
Subject to Chapter
142, Land Division, of the Code of the Township of Buchanan, the division of property for the purpose of locating a wireless communication facility is prohibited unless all zoning requirements are met.