[HISTORY: Adopted by the Township Board of the Township of Buchanan 6-12-2001 by Ord. No. 31. Amendments noted where applicable.]
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.
A. 
The tower must be set back from all property lines a distance equal to its height, unless engineering plans and specifications have been verified by the Township Engineer that the structural integrity of the tower will withstand high winds and impacts, and the likelihood of a tower failure is minimal. The applicant shall bear all costs associated with the Township Engineering review.
B. 
Accessory structures are limited to uses associated with the operation of the tower and may not be located any closer to any property line than 30 feet.
C. 
Accessory structures shall not exceed 600 square feet of gross building area.
D. 
All buffer yard requirements with Chapter 300, Zoning, shall be otherwise satisfied.
E. 
The division of property for the purpose of locating a wireless communication facility is prohibited unless all requirements and conditions in Chapter 300, Zoning, are met.
F. 
The tower construction plans shall be certified by a registered structural engineer licensed in the State of Michigan.
G. 
The applicant shall provide verification that the antenna mount and structure have been reviewed and approved by a professional engineer and that the installation is in compliance with applicable codes.
H. 
All towers must meet the standards of the Federal Aviation Administration and the Federal Communications Commission and shall not be greater in height than the height demonstrated by the applicant as being necessary.
I. 
Communication towers in excess of 100 feet in height above grade level shall be prohibited within a two-mile radius of a public airport or one-half-mile radius of a heliport.
J. 
No part of any tower or antenna shall be constructed, located or maintained at any time, permanently or temporarily, in or upon any required setback area for the district in which the antenna or tower is to be located. At no time shall a tower or antenna be located within 30 feet of a property line. The applicant may apply to the Zoning Board of Appeals for a setback variance.
K. 
Metal towers shall be constructed of, or treated with, corrosive-resistance material.
L. 
Antenna and metal towers shall be grounded for protection against a direct strike by lightning and shall comply as to electrical wiring and connections with all applicable local statutes, regulations and standards.
M. 
Towers with antennae shall be designed to withstand a uniform wind loading as prescribed in the building code.
N. 
All signals and remote control conductors of low energy extending substantially horizontally above the ground between a tower or antenna and a structure, or between towers, shall be at least eight feet above the ground at all points, unless buried underground.
O. 
Towers shall be located and designed so that they do not interfere with telephone, radio, and television reception in nearby residential areas.
P. 
Towers shall be located so as to allow maintenance vehicles to maneuver on the property.
Q. 
The base of the tower shall occupy no more than 500 square feet.
R. 
Minimum spacing between communication tower locations shall be two miles to prevent a concentration of towers in the Township.
S. 
Height of the tower shall not exceed 150 feet from grade if located within an Agricultural District and 200 feet from grade if located within a Commercial/Service or Industrial District.
T. 
Towers shall be artificially lighted only to the extent required by the FAA, or by the Township Board, whichever is greater. Where possible, considering all site restrictions, any such lighting shall not unduly interfere with the peace and repose of the surrounding land uses, whether or not in the same zoning district.
U. 
Existing on-site vegetation shall be preserved to the maximum extent practicable.
V. 
No advertisement or identification of any kind, except as required for emergency purposes, shall be displayed or erected on the property.
W. 
The antenna shall be painted to match the exterior treatment of the tower. The paint scheme shall minimize the off-site visibility of the antenna and tower.
X. 
Structures shall be subject to any state and federal regulations concerning non-ionizing electromagnetic radiation. If more restrictive standards are adopted in the future, the antenna shall be made to conform to said regulation with 30 days or the special land use approval will be subject to revocation by the Township Board. All costs for testing and verification of compliance shall be borne by the operator of the antenna.
Y. 
There shall be no employees located on the site. Occasional or temporary repair service activities or maintenance of yard and building activities are excluded from this restriction.
Z. 
Where the property adjoins any residentially zoned property or land use, the developer shall plant two alternating rows of spruce trees having a minimum height at the time of planting of five feet on ten-foot center along the entire perimeter of the tower and related structures. In no case shall the trees be any closer than 20 feet to any structure. These trees shall be maintained by the applicant perpetually, and dead trees shall be replaced during the following planting season.
AA. 
All new and modified wireless communication facilities shall be designed and constructed so as to accommodate co-location.
BB. 
The site and tower shall be maintained in compliance with all applicable laws, codes and ordinances. The Township may require landscaping or other improvements to the site so as to minimize the aesthetic, or other damage the tower causes to the surrounding properties.
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.
A. 
The tower, footings, building and fencing shall be removed by the property owner or lessor within 12 months of being abandoned. If the applicant fails to do so within six months of abandonment, the special use shall be considered revoked. The Township may, at its sole discretion, arrange for removal of the tower at the expense of the applicant or the owner of the property, in the sole discretion of the Township.
B. 
When a wireless communication structure has not been used for a period of 90 consecutive days, or 90 days after new technology is available which permits the operation of a facility without the necessity of a wireless communication structure, all parts of the structure shall be removed within 160 days. The removal of antennae or other equipment from the structure or the cessation of reception or transmission of radio signals shall be considered the beginning of non-use. The Township of Buchanan may secure the removal of the structure if it is still standing 30 days after the Township has sent a notice to the operator stating the need to remove the structure.