Michigan Laws 460.1317 – Zoning review and approval; application; approval or denial requirements; fees; moratorium prohibited; revocation
Current as of: 2023 | Check for updates
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Terms Used In Michigan Laws 460.1317
- Applicable codes: means uniform building, fire, electrical, plumbing, or mechanical codes adopted under the Stille-DeRossett-Hale single state construction code act, 1972 PA 230, MCL 125. See Michigan Laws 460.1303
- Applicant: means a wireless provider that submits an application described in this act. See Michigan Laws 460.1303
- Communications service: means service provided over a communications facility, including cable service as defined in 47 USC 522, information service as defined in 47 USC 153, telecommunications service as defined in 47 USC 153, or wireless service. See Michigan Laws 460.1305
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Fee: means a nonrecurring charge for services. See Michigan Laws 460.1305
- in writing: shall be construed to include printing, engraving, and lithographing; except that if the written signature of a person is required by law, the signature shall be the proper handwriting of the person or, if the person is unable to write, the person's proper mark, which may be, unless otherwise expressly prohibited by law, a clear and classifiable fingerprint of the person made with ink or another substance. See Michigan Laws 8.3q
- Small cell wireless facility: means a wireless facility that meets both of the following requirements:
(i) Each antenna is located inside an enclosure of not more than 6 cubic feet in volume or, in the case of an antenna that has exposed elements, the antenna and all of its exposed elements would fit within an imaginary enclosure of not more than 6 cubic feet. See Michigan Laws 460.1307Wireless facility: means equipment at a fixed location that enables the provision of wireless services between user equipment and a communications network, including, but not limited to, radio transceivers, antennas, coaxial or fiber-optic cable, regular and backup power supplies, and comparable equipment, regardless of technological configuration. See Michigan Laws 460.1309 Wireless provider: means a wireless infrastructure provider or a wireless services provider. See Michigan Laws 460.1309 Wireless services: means any services, provided using licensed or unlicensed spectrum, including the use of Wi-Fi, whether at a fixed location or mobile. See Michigan Laws 460.1309 Wireless support structure: means a freestanding structure designed to support or capable of supporting small cell wireless facilities. See Michigan Laws 460.1309
(1) The activities set forth in section 15(5) are exempt from zoning review. Subsections (2) to (4) apply to zoning reviews for the following activities that are subject to zoning review and approval, that are not a permitted use under section 13(5), and that take place within or outside the public right-of-way:
(a) The modification of existing or installation of new small cell wireless facilities.
(b) The modification of existing or installation of new wireless support structures used for such small cell wireless facilities.
(2) The processing of an application for a zoning approval is subject to all of the following requirements:
(a) Within 30 days after receiving an application under this section, an authority shall notify the applicant in writing whether the application is complete. If the application is incomplete, the notice shall clearly and specifically delineate all missing documents or information. The notice tolls the running of the 30-day period.
(b) The running of the time period tolled under subdivision (a) resumes when the applicant makes a supplemental submission in response to the authority’s notice of incompleteness. If a supplemental submission is inadequate, the authority shall notify the applicant not later than 10 days after receiving the supplemental submission that the supplemental submission did not provide the information identified in the original notice delineating missing documents or information. The time period may be tolled in the case of second or subsequent notices under the procedures identified in subdivision (a). Second or subsequent notices of incompleteness may not specify missing documents or information that was not delineated in the original notice of incompleteness.
(c) The application shall be processed on a nondiscriminatory basis.
(d) The authority shall approve or deny the application and notify the applicant in writing within 90 days after an application for a modification of a wireless support structure or installation of a small cell wireless facility is received or 150 days after an application for a new wireless support structure is received. The time period for approval may be extended by mutual agreement between the applicant and authority. If the authority fails to comply with this subdivision, the application is considered to be approved subject to the condition that the applicant provide the authority not less than 15 days’ advance written notice that the applicant will be proceeding with the work pursuant to this automatic approval.
(e) An authority shall not deny an application unless all of the following apply:
(i) The denial is supported by substantial evidence contained in a written record that is publicly released contemporaneously.
(ii) There is a reasonable basis for the denial.
(iii) The denial would not discriminate against the applicant with respect to the placement of the facilities of other wireless providers.
(3) An authority’s review of an application for a zoning approval is subject to all of the following requirements:
(a) An applicant’s business decision on the type and location of small cell wireless facilities, wireless support structures, or technology to be used is presumed to be reasonable. This presumption does not apply with respect to the height of wireless facilities or wireless support structures. An authority may consider the height of such structures in its zoning review, but shall not discriminate between the applicant and other communications service providers.
(b) An authority shall not evaluate or require an applicant to submit information about an applicant’s business decisions with respect to any of the following:
(i) The need for a wireless support structure or small cell wireless facilities.
(ii) The applicant’s service, customer demand for the service, or the quality of service.
(c) Any requirements regarding the appearance of facilities, including those relating to materials used or arranging, screening, or landscaping, shall be reasonable.
(d) Any spacing, setback, or fall zone requirement shall be substantially similar to a spacing, setback, or fall zone requirement imposed on other types of commercial structures of a similar height.
(4) An application fee for a zoning approval shall not exceed the following:
(a) $1,000.00 for a new wireless support structure or modification of an existing wireless support structure.
(b) $500.00 for a new small cell wireless facility or modification of an existing small cell wireless facility.
(5) Within 1 year after a zoning approval is granted, a wireless provider shall commence construction of the approved structure or facilities that are to be operational for use by a wireless services provider, unless the authority and the applicant agree to extend this period or the delay is caused by a lack of commercial power or communications facilities at the site. If the wireless provider fails to commence the construction of the approved structure or facilities within the time required pursuant to section 15(2)(l), the zoning approval is void, and the wireless provider may reapply for a zoning approval. However, the wireless provider may voluntarily request that the zoning approval be terminated.
(6) An authority shall not institute a moratorium on either of the following:
(a) Filing, receiving, or processing applications for zoning approval.
(b) Issuing approvals for installations that are not a permitted use.
(7) An authority may revoke a zoning approval, upon 30 days’ notice and an opportunity to cure, if the permitted small cell wireless facilities and any associated wireless support structure fail to meet the requirements of the approval, applicable codes, or applicable zoning requirements.