CHARTER TOWNSHIP OF INDEPENDENCE

NOTICE OF STANDARDS FOR WIRELESS FACILITIES, SUPPORT STRUCTURES, UTILITY POLES AND OTHER INSTALLATIONS IN PUBLIC RIGHT-OF-WAY

PLEASE TAKE NOTICE that at its meeting on April 9, 2019, the Charter Township Board of Trustees may have introduced an Ordinance and adopted a Resolution to require that wireless facilities, wireless support structures, utility poles, and other installations in a public right-of-way be designed, installed, used, and maintained in compliance with the following standards:

(1) Shall be strictly limited to the location and what is shown on the approved plans.

(2) Wireless facilities shall be treated and colored to be visually compatible with the wireless support structure or utility pole they are collocated on or associated with by painting or other coating.  For existing wood utility poles, a finish color of conduit that is zinc, aluminum, or stainless steel is considered visually compatible.

(3) Wireless facilities shall be compatible in scale and proportion to the structure or pole upon which they are to be attached, using the smallest and least intrusive technology available, with the diameter of top mounted antennas to not exceed twice the diameter of the top of the structure or pole.

(4) Antennas shall be top mounted and aligned with the centerline of wireless support structures or utility poles, or side mounted with the vertical centerline of the antenna parallel with the support structure or utility pole.

(5) All cables and wires shall be placed in conduit or otherwise properly secured and concealed on the wireless support structure or utility pole.

(6) No more than three (3) antennas may be collocated on a utility pole and only if that number of antennas can be designed and accommodated in a manner that complies with all requirements of [this section].  [bracketed language from Ordinance is replaced with “these standards”.]

(7) Existing trees in the public right-of-way shall not be removed or trimmed to facilitate the installation, use, or maintenance of wireless facilities.

(8) Wireless facilities, support structures, and utility poles shall not be located within the drip line (critical root zone) of an existing tree in or adjoining the public right-of-way.

(9) Ground mounted wireless facilities, including equipment cabinets and enclosures, shall be located as close as legal and technically feasible to the wireless support structure or utility pole they are associated with.

(10) Ground mounted wireless facilities, including equipment cabinets and enclosures, shall be concealed to the extent technically feasible by matching color and materials to existing above-ground structures, landscaping, and placement to take advantage of concealment provided by the proposed structure or pole, existing landscaping, or above-ground improvements.

(11) Wireless facilities shall not project more than two (2′) feet from any side of the utility pole or wireless support structure upon which they are collocated.

(12) Wireless facilities shall not be illuminated unless required by law or integral to a concealment design such as appearance as or on a street light pole.

(13) New and replacement utility poles shall be located in alignment with existing utility poles on either side.

(14) Unless an alternate location is required by subsection (17), new and replacement utility poles shall be located equidistance from existing utility poles on either side.

(15) New and replacement utility poles shall be made of the same material and have the same visual appearance as the existing utility poles on either side.  If those existing utility poles are different, the new or replacement pole shall be metal or fiber if either existing pole is of that material and shall otherwise be the same material as the newer of the existing poles.

(16) Unless a greater height is [approved under this article as] required by state or federal law, wireless support structures and utility poles shall not be taller than the existing utility poles on either side.  [bracketed language from Ordinance is deleted from this standard.]

(17) In a public right-of-way abutting residentially used or zoned property, new wireless facilities, wireless support structures, and utility poles shall only be located in line with a side lot line.

(18) New wireless facilities shall not be collocated on an existing wireless support structure or utility pole that is directly in front of an existing residential dwelling or that is along the frontage of a property containing a building of historic significance under federal, state, or other laws.

(19) New wireless facilities, wireless support structures, and utility poles shall not be located directly in front of an existing residential dwelling.

(20) In a public right-of-way abutting residentially used or zoned property, wireless facilities that require a cooling system shall use a passive system, or if a motorized system is technologically required, shall use a system and fan with the lowest available noise level.

(21) Except for a label containing the name and emergency contact telephone number for the wireless provider responsible for the wireless facilities and wireless support structure or utility pole, information that identifies them and their location, and any information required to be displayed by state or federal law, no signage shall be allowed, with all manufacturer decals that are not needed for safety reasons to be removed or painted over.

(22) Regardless of the number of antennas that are collocated on a utility pole or wireless support structure, the other wireless facilities associated with those antennas shall not exceed 28 cubic feet in volume.

(23) Collocations on and replacement or new utility poles or wireless support structures in the Sashabaw Town Center, Dixie Highway, and Sashabaw North Overlay Districts under Sections 9.04, 9.05, and 9.10 of the Township Zoning Ordinance, or another public right-of-way that has been specifically designated or identified by ordinance or township board resolution for a program of improvement, redevelopment, beautification, regulation, or other planning goals, shall be subject to township review and approval of the design, appearance, and method and height of attachment to assure consistency, compatibility, and uniformity with the standards, objectives, installations and streetscape appearance planned for that public right-of-way under the program.

(24) To provide compliance with one or more of the above standards, the township may require that a proposed collocation involving a new or replacement utility pole be moved by up to 75 feet for collocation on a designated existing wireless support structure or utility pole or to a designated location for the new or replacement utility pole.  The applicant may request a waiver of this requirement by demonstrating in writing that the applicant cannot secure the right to comply with the township’s requirement on reasonable terms and conditions and that compliance imposes unreasonable technical problems or significant additional costs.

(25) Above ground wireless facilities and support structures and utility poles shall not be allowed in an area designated by the township board solely for underground or buried cable and utility facilities if all of the following apply:

(a) The township has required all cable and utility facilities, other than township, street light, and traffic signal poles and attachments, to be placed underground by a date that is not less than 90 days before the submission of the application.

(b) The township does not prohibit the replacement of township poles by a wireless provider in the designated area.

Published: April 10, 2019       Barbara A. Pallotta, Clerk