SB-0894, As Passed House, November 28, 2018

SB-0894, As Passed Senate, March 15, 2018

SUBSTITUTE FOR

SENATE BILL NO. 894

A bill to amend 2006 PA 110, entitled

"Michigan zoning enabling act,"

by amending sections 205 and 514 (MCL 125.3205 and 125.3514),

section 205 as amended by 2012 PA 389 and section 514 as added by

2012 PA 143.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

Sec. 205. (1) A zoning ordinance is subject to all of the

following:

(a) The electric transmission line certification act, 1995 PA

30, MCL 460.561 to 460.575.

(b) The regional transit authority act, 2012 PA 387, MCL

124.541 to 124.558.

act.

(2) A county or township shall not regulate or control the

drilling, completion, or operation of oil or gas wells or other

wells drilled for oil or gas exploration purposes and shall not

have jurisdiction with reference to the issuance of permits for the

location, drilling, completion, operation, or abandonment of such

wells.

(3) An ordinance shall not prevent the extraction, by mining,

of valuable natural resources from any property unless very serious

consequences would result from the extraction of those natural

resources. Natural resources shall be considered valuable for the

purposes of this section if a person, by extracting the natural

resources, can receive revenue and reasonably expect to operate at

a profit.

(4) A person challenging a zoning decision under subsection

(3) has the initial burden of showing that there are valuable

natural resources located on the relevant property, that there is a

need for the natural resources by the person or in the market

served by the person, and that no very serious consequences would

result from the extraction, by mining, of the natural resources.

(5) In determining under this section whether very serious

consequences would result from the extraction, by mining, of

natural resources, the standards set forth in ~~Silva v Ada Township,~~

Silva v Ada Township, 416 Mich 153 (1982), shall be applied and all

of the following factors may be considered, if applicable:

(a) The relationship of extraction and associated activities

with existing land uses.

(b) The impact on existing land uses in the vicinity of the

property.

property and along the proposed hauling route serving the property,

based on credible evidence.

(d) The impact on pedestrian and traffic safety in the

vicinity of the property and along the proposed hauling route

serving the property.

(e) The impact on other identifiable health, safety, and

welfare interests in the local unit of government.

(f) The overall public interest in the extraction of the

specific natural resources on the property.

(6) Subsections (3) to (5) do not limit a local unit of

government's reasonable regulation of hours of operation, blasting

hours, noise levels, dust control measures, and traffic, not

preempted by part 632 of the natural resources and environmental

protection act, 1994 PA 451, MCL 324.63201 to 324.63223. However,

such regulation shall be reasonable in accommodating customary

mining operations.

(7) This act does not limit state regulatory authority under

other statutes or rules.

Sec. ~~3514.~~ 514. (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) This section does not apply to an activity or use that is

regulated by the small cell wireless communications facilities

deployment act.

(11) ~~(10)~~ As used in this section:

(a) ~~"Collocate"~~ "Colocate" 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.

Enacting section 1. The amendment to the indicated section

number of section 514 of the Michigan zoning enabling act, 2006 PA

110, MCL 125.3514, made by this amendatory act corrects a technical

error in 2012 PA 143.

Enacting section 2. This amendatory act takes effect 90 days

after the date it is enacted into law.

Enacting section 3. This amendatory act does not take effect

unless Senate Bill No. 637 of the 99th Legislature is enacted into

law.