SB-1064, As Passed House, May 3, 2012
SENATE BILL NO. 1064
A bill to amend 2006 PA 110, entitled
"Michigan zoning enabling act,"
(MCL 125.3101 to 125.3702) by adding section 3514.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 3514. (1) Wireless communications equipment is a
permitted use of property and is not subject to special land use
approval or any other approval under this act if all of the
following requirements are met:
(a) The wireless communications equipment will be collocated
on an existing wireless communications support structure or in an
existing equipment compound.
(b) The existing wireless communications support structure or
existing equipment compound is in compliance with the local unit of
government's zoning ordinance or was approved by the appropriate
zoning body or official for the local unit of government.
(c) The proposed collocation will not do any of the following:
(i) Increase the overall height of the wireless communications
support structure by more than 20 feet or 10% of its original
height, whichever is greater.
(ii) Increase the width of the wireless communications support
structure by more than the minimum necessary to permit collocation.
(iii) Increase the area of the existing equipment compound to
greater than 2,500 square feet.
(d) The proposed collocation complies with the terms and
conditions of any previous final approval of the wireless
communications support structure or equipment compound by the
appropriate zoning body or official of the local unit of
(2) Wireless communications equipment that meets the
requirements of subsection (1)(a) and (b) but does not meet the
requirements of subsection (1)(c) or (d) is a permitted use of
property if it receives special land use approval under subsections
(3) to (6).
(3) An application for special land use approval of wireless
communications equipment described in subsection (2) shall include
all of the following:
(a) A site plan as required under section 501, including a map
of the property and existing and proposed buildings and other
(b) Any additional relevant information that is specifically
required by a zoning ordinance provision described in section
502(1) or 504.
(4) After an application for a special land use approval is
filed with the body or official responsible for approving special
land uses, the body or official shall determine whether the
application is administratively complete. Unless the body or
official proceeds as provided under subsection (5), the application
shall be considered to be administratively complete when the body
or official makes that determination or 14 business days after the
body or official receives the application, whichever is first.
(5) If, before the expiration of the 14-day period under
subsection (4), the body or official responsible for approving
special land uses notifies the applicant that the application is
not administratively complete, specifying the information necessary
to make the application administratively complete, or notifies the
applicant that a fee required to accompany the application has not
been paid, specifying the amount due, the running of the 14-day
period under subsection (4) is tolled until the applicant submits
to the body or official the specified information or fee amount
due. The notice shall be given in writing or by electronic
notification. A fee required to accompany any application shall not
exceed the local unit of government's actual, reasonable costs to
review and process the application or $1,000.00, whichever is less.
(6) The body or official responsible for approving special
land uses shall approve or deny the application not more than 60
days after the application is considered to be administratively
complete. If the body or official fails to timely approve or deny
the application, the application shall be considered approved and
the body or official shall be considered to have made any
determination required for approval.
(7) Special land use approval of wireless communications
equipment described in subsection (2) may be made expressly
conditional only on the wireless communications equipment's meeting
the requirements of other local ordinances and of federal and state
laws before the wireless communications equipment begins operation.
(8) If a local unit of government requires special land use
approval for wireless communications equipment that does not meet
the requirements of subsection (1)(a) or for a wireless
communications support structure, subsections (4) to (6) apply to
the special land use approval process, except that the period for
approval or denial under subsection (6) is 90 days.
(9) A local unit of government may authorize wireless
communications equipment as a permitted use of property not subject
to a special land use approval.
(10) As used in this section:
(a) "Collocate" means to place or install wireless
communications equipment on an existing wireless communications
support structure or in an existing equipment compound.
"Collocation" has a corresponding meaning.
(b) "Equipment compound" means an area surrounding or adjacent
to the base of a wireless communications support structure and
within which wireless communications equipment is located.
(c) "Wireless communications equipment" means the set of
equipment and network components used in the provision of wireless
communications services, including, but not limited to, antennas,
transmitters, receivers, base stations, equipment shelters,
cabinets, emergency generators, power supply cables, and coaxial
and fiber optic cables, but excluding wireless communications
(d) "Wireless communications support structure" means a
structure that is designed to support, or is capable of supporting,
wireless communications equipment, including a monopole, self-
supporting lattice tower, guyed tower, water tower, utility pole,