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.

(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.

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.