SB-1064, As Passed House, May 3, 2012

 

 

 

 

 

 

 

 

 

 

 

SUBSTITUTE FOR

 

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

 

government.

 

     (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

 

facilities.

 

     (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

 

support structures.

 

     (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,

 

or building.