Municipal Code
CHAPTER 1265 Wireless Telecommunication Facilities
1265.01 Purpose.
1265.02 Permitted locations.
1265.03 General regulations and standards.
1265.04 Abandonment; removal.
1265.05 Radio frequency emissions.
1265.06 Location in Historic District.
CROSS REFERENCES
General Municipal authority re licensing - see CHTR. Ch.
II,
§2(8), (9)
Regulation of land development and the uses of land and
structures by local authorities - see M.C.L.A. 125.3201
Authority to zone - see M.C.L.A. 125.3202
Uses of land or structures not conforming to ordinances;
powers of
legislative bodies; acquisition of property - see
M.C.L.A. 125.3208
Television and radio generally - see M.C.L.A. 484.301 et
seq., 750.507 et seq.
Cable communications - see B.R. & T. Ch. 820
Supplementary regulations - see P. & Z. Ch. 1268
1265.01 PURPOSE.
It is the general purpose and intent of the Village of
Franklin to carry out the will of the United States
Congress by authorizing facilities needed to operate
wireless telecommunication systems. However, it is the
further purpose and intent of the Village of Franklin to
provide for such authorization in a manner which will
preserve and protect the integrity, character, property
values, and aesthetic quality of neighborhoods and the
community at large, by locating such facilities to
minimize or mitigate their visual and environmental
impacts.
This chapter is designed to encourage applicants to
locate their wireless telecommunication facilities on
existing structures, whenever possible. New ground
mounted facilities are to be permitted only when
location on existing structures is determined to be
infeasible.
Therefore, it is the intent of the Village of Franklin
to exercise its authority granted by law to regulate the
placement, construction and modification of wireless
telecommunication facilities.
(Ord. 98-41. Passed 3-16-98; Ord. 2004-04. Passed
12-13-04.)
1265.02 PERMITTED LOCATIONS.
Subject to the requirements and regulations of this
chapter, and further subject to site plan review and
approval within Section 1268.30 and the general
regulations set forth in Section 1265.03, below,
wireless telecommunication facilities shall be permitted
in all zoning districts.
(a) Utility Pole. Wireless telecommunication facilities
may be located on an existing, new or replacement
utility pole located within a public or private right of
way or public utility easement; sites owned, leased or
operated by the Village or other governmental agencies;
parks or other large, permanent open spaces; cemeteries;
or public or private school sites. The height of the
pole shall not exceed 70 feet, except that the Village
Council may permit height of up to ten feet above the
tree canopy height pursuant to Section 1265.03(b)(1),
below.
(b) Essential Services. Wireless telecommunication
facilities located on publicly owned or operated sites
and incorporated into an emergency communication network
as "essential services" in accordance with Sections
1240.07 and 1268.24.
(c) Existing Structures. Wireless telecommunication
facilities may be located on existing structures,
including but not limited to buildings, towers, existing
telecommunication facilities, poles, and related
facilities provided that the installation does not
reduce the character and structural integrity of those
structures. However, wireless telecommunication
facilities shall not be located on any residential
dwelling or residential accessory building.
(d) Ground Mounted Facilities. A new ground mounted
wireless telecommunication facility may be permitted as
a special approval use subject to the special approval
use procedure set forth in Section 1268.32 and the
feasibility considerations of this subsection.
(1) Feasibility; burden of proof. The applicant for a
new ground mounted wireless telecommunication facility
shall have the burden of proving it is not feasible to
locate its wireless telecommunication facility on an
existing structure. A proposal for a new ground mounted
wireless telecommunication facility shall not be
approved unless it is established to the Village's
reasonable satisfaction by the applicant that the
proposed wireless telecommunication facility cannot
feasibly be colocated or installed on an existing
structure due to one of the following reasons:
A. The proposed facility would exceed the structural
capacity of the existing, structure, as documented by a
State licensed and registered professional engineer, and
the existing structure cannot be reinforced, modified or
replaced to accommodate the proposed or equivalent
facility.
B. The proposed facility would cause interference that
would materially affect the functionality of other
existing or planned equipment at the existing structure
as documented by a State licensed and registered
professional engineer, and the interference cannot be
prevented by any other reasonable means.
C. Existing structures within the coverage area cannot
accommodate the proposed facility at a height necessary
for the proposed facility's coverage area and capacity
needs, as documented by a State licensed and registered
professional engineer.
D. Other technical reasons that make it infeasible to
locate the proposed facility upon an existing structure.
(2) Feasibility. Location on an existing structure shall
be deemed to be "feasible," for the purposes of this
section, where all of the following are met:
A. The owner of an existing structure under
consideration will accept market rent or other market
compensation for location of the proposed wireless
telecommunication facility on the existing structure.
B. The existing structure under consideration, with
reasonable modification, can provide adequate structural
support.
C. Location on an existing structure under consideration
is technologically reasonable, and the 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 existing structure being considered
will not be increased beyond a point deemed to he
permissible by the Village, taking into consideration
the standards and conditions contained within this
chapter.
(3) Camouflaged. If the applicant demonstrates to the
Village's satisfaction that it is not feasible to locate
on an existing structure, a new ground mounted wireless
telecommunication facility shall be designed to be
concealed, disguised or camouflaged to the fullest
extent reasonably possible, including, but not limited
to, use of compatible building materials and colors,
screening, landscaping and placement among trees.
(4) Location of ground mounted facilities. New ground
mounted wireless telecommunication facilities shall not
be located within 200 feet of a residential dwelling.
This requirement shall be in addition to any other
setback required in this chapter.
(Ord. 98-41. Passed 3-16-98; Ord. 2004-04. Passed
12-13-04.)
1265.03 GENERAL REGULATIONS AND STANDARDS.
All applications for wireless telecommunication
facilities shall be reviewed in accordance with the
following standards and conditions, and, if such
facilities are approved, they shall be constructed and
maintained in accordance with these standards and
conditions. In addition, if the facility is approved, it
shall be constructed and maintained with any additional
conditions imposed by the Planning Commission and/or
Village Council in their discretion.
(a) Application Requirements. All applications to
locate, construct or modify any part or component of a
wireless telecommunication facility in the Village shall
include the following:
(1) A site plan showing the location, size, screening
and design of all buildings and structures, including
fences, the location and size of outdoor equipment, the
location, number, and species of proposed landscaping,
and construction drawings for all proposed wireless
telecommunication facilities.
(2) Demonstration by the applicant of the need for the
proposed wireless telecommunication facility based upon
the following factors:
A. Proximity to an interstate highway or major
thoroughfare.
B. Areas of population concentration.
C. Concentration of commercial, industrial, and/or other
business centers.
D. Areas where signal interference has occurred due to
tall buildings, masses of trees, or other obstructions.
E. Topography of the proposed location in comparison to
other available sites.
F. Other specifically identified reasons creating a need
for the facility.
(3) The reason or purpose for the placement,
construction or modification, with specific reference to
the applicant's coverage, capacity and/or quality needs,
goals and objectives.
(4) The existing form of technology being used and any
anticipated or proposed changes to that technology.
(5) The proposed or existing service area of the
facility, and its height, type and signal power.
(6) The nature and extent of the applicant's ownership
or lease interest in the property or structure upon
which facilities are proposed for placement,
construction or modification.
(7) The identity and address of all owners and other
persons with a legal interest in the property or
structure upon which facilities are proposed for
placement, construction or modification.
(8) A map showing existing and known proposed wireless
telecommunication facilities within the Village, and
further showing existing and proposed wireless
telecommunication facilities within areas outside of the
Village boundaries, which are relevant in terms of
potential colocation or in demonstrating the need for
the proposed facility. The map shall also show existing
structures of the same approximate height located within
one half mile of the proposed site which could feasibly
accommodate colocation of the applicant's proposed
wireless telecommunication facility. Any such
information which is a trade secret and/or other
confidential commercial information which, if released,
would result in commercial disadvantage to the
applicant, may be submitted with a request for
confidentiality in connection with the development of
governmental policy in accordance with the Michigan Open
Meetings Act, MCL 15.243(1)(g).
(9) For each location identified on the applicant's
survey maps and drawings, the following information:
A. The structural capacity and whether it can
accommodate the applicant's facility, as proposed or
modified;
B. Whether property owner approvals exist or have been
requested; and
C. Whether the location could be used by the applicant
for placement of a wireless telecommunication facility,
or, if not, a disclosure of the technological
considerations involved, with a specific explanation of
why the location would restrict or prevent the applicant
from providing wireless telecommunication services.
(10) A certification by a State licensed and registered
professional engineer regarding the manner in which the
proposed structure will fall. The certification will be
utilized, along with other criteria, such as applicable
regulations for the zoning district in question, in
determining appropriate setbacks to be required for the
structure and other facilities.
(11) A description of the security to be posted, in
accordance with Section 1265.04(d), at the time of
receiving a building permit for the wireless
telecommunication facility to ensure removal of the
facility when it has been abandoned or is no longer
needed. The security shall, at the election of the
Village, be in the form of cash, surety bond, or
irrevocable bank letter of credit, or an agreement in a
form approved by the Village Attorney and recordable at
the Oakland County Register of Deeds, committing the
applicant and owner of the property to remove the
facility in a timely manner as required under this
chapter, with the further provision that the applicant
and owner shall be responsible for paying any costs and
attorney fees incurred by the Village in securing
removal.
(12) Included with the site plan for a new ground
mounted facility, a landscape plan. The purpose of
landscaping is to provide screening for the wireless
telecommunication facility, accessory buildings and
enclosures. Any fencing shall conform to Section
1268.28.
(13) Evidence of approval from the Federal Aviation
Administration (FAA) or proof that such approval is not
required.
(14) The name, address and telephone number of the
person to contact for engineering, maintenance, security
and other notice purposes. This information shall be
continuously updated during all times the facility is on
the premises.
(b) Standards Applicable to Ground Mounted Facilities.
For proposed ground mounted wireless telecommunication
facilities, the applicant shall further demonstrate that
the wireless telecommunication facility and/or support
structure will not be injurious to the neighborhood or
otherwise detrimental to the public health, safety and
welfare, and that the wireless telecommunication
facility will be located and designed to be harmonious
with the surrounding areas and to be aesthetically and
architecturally compatible with the natural environment
and the architectural, historic and residential
character of the surrounding area, and will not
interfere with television, telephone and radio reception
in nearby residential areas.
(1) Maximum height.
A. The maximum height of any new ground mounted wireless
telecommunication facility shall be the minimum height
demonstrated to be necessary by the applicant for
reasonable communication, and shall not exceed 70 feet,
except that the Village Council may approve a greater
height up to ten feet above the average tree canopy
height within 150 feet of the facility, if the Council
deems the increased height to be necessary or
appropriate, based on the following considerations:
1. Effects of topography, terrain and nearby tree canopy
on transmission or reception ability.
2. Construction and design of facilities in regard to
safety regulations and fall zone requirements.
3. Visual impact on surrounding properties and existing
or proposed screening and buffering.
4. Minimization or elimination of need or demand for
additional facilities due to increased colocation
ability.
B. Any accessory building contemplated to enclose such
things as switching equipment shall be limited to the
maximum height for accessory structures within the
zoning district.
(2) Setback. The setback from the lot line of a ground
mounted wireless telecommunication facility shall be
equal to the fall zone which shall be no less than the
height of the structure, unless it can be demonstrated
and certified by a State licensed and registered
professional engineer, to the satisfaction of the
Village's Engineer or consultant, that the area within
which there is a potential hazard from falling ice or
debris or collapsing material is less than the height of
the structure. Setbacks for equipment, support shelter
or structures, and fence enclosures shall be in
accordance with the required setbacks for the main or
principal buildings as provided in the schedule of
regulations for the zoning district in which the ground
mounted wireless telecommunication facility is located.
(3) Access. There shall be unobstructed access to the
ground mounted wireless telecommunication facility, for
operation, maintenance, repair and inspection purposes,
which may be provided through an easement. This access
shall have a width and location determined by such
factors as the location of adjacent thoroughfares and
traffic circulation within the site; utilities needed to
service the wireless telecommunication facility; the
location of buildings and parking facilities, proximity
to residential districts and minimizing disturbance to
the natural landscape; and the type of equipment which
will be needed to access the site.
(4) Land division. The division of land for the purpose
of locating a ground mounted wireless telecommunication
facility is prohibited unless all zoning requirements
and conditions are met.
(c) Standards Applicable to Location on Existing
Structure. An applicant may locate a wireless
telecommunication facility on an existing structure,
building, tower or pole, provided it shall not increase
the height of the existing structure by more than 20
feet and shall be camouflaged. Setback regulations of
the zoning district shall apply. Where a wireless
telecommunication facility is proposed on the roof of a
building, it shall be designed, constructed and
maintained to be architecturally compatible with the
principal building. The equipment enclosure may be
located within the principal building or may be an
accessory building, provided that an accessory building
conforms with all district requirements for accessory
buildings, including yard setbacks and building height.
(d) Additional Standards Applicable to All Wireless
Telecommunication Facilities.
(1) Color. The Planning Commission shall, with respect
to the color of the wireless telecommunication facility
and all accessory buildings, review and approve the same
so as to minimize distraction, reduce visibility,
maximize aesthetic appearance, and ensure compatibility
with surroundings. Metal structures shall be constructed
of, or treated with, corrosion resistant material. It
shall be the responsibility of the applicant to maintain
the wireless telecommunication facility in a neat and
orderly condition.
(2) Construction code compliance. Wireless
telecommunication facilities shall be constructed in
accordance with all applicable construction codes and
shall include the submission of a certification from a
State licensed and registered professional engineer that
the structure will withstand high winds and foreseeable
impacts, and that the likelihood of failure or collapse
is insignificant; and shall also include a soils report
from a geotechnical engineer licensed in the State. The
soils report shall include soil borings and statements
confirming the suitability of soil conditions for the
proposed use. The requirements of the Federal Aviation
Administration (FAA), the Federal Communication
Commission (FCC), and the Michigan Aeronautics
Commission shall be noted.
(3) Maintenance plan. A maintenance plan, and any
applicable maintenance agreement, shall be presented as
part of the site plan for the proposed facility. Such
plan shall be designed to ensure the long term,
continuous maintenance to a reasonably diligent
standard.
(4) Camouflage.
A. Camouflage for facilities on existing structures roof
mounts. When a wireless telecommunication facility
extends above the roof height of a structure on which it
is mounted, the facility shall be disguised, concealed
or camouflaged within or behind existing or new
architectural features to limit its visibility from
public ways. Facilities mounted on a roof shall be set
back from the front facade in order to minimize their
visual impact.
B. Camouflage for facilities on existing structures side
mounts. Wireless telecommunication facilities that are
side mounted shall blend with the existing structure's
architecture and, if individual antenna panels are more
than five square feet, the panels shall be painted or
shielded with material consistent with the design
features and materials of the existing structure.
C. Camouflage for ground mounted facilities. All ground
mounted wireless telecommunication facilities shall be
surrounded by a dense vegetative buffer to screen the
view of the facility in all directions. This buffer must
be existing on the subject property planted on site, or
be within a landscape easement on an adjoining site. The
Village Council shall have the authority to decrease,
relocate or alter the required buffer based on site
conditions. The vegetative buffer area shall be
protected by a landscape easement or be within the area
of the applicant's lease. The easement or lease shall
specify that the trees within the buffer shall not be
removed or topped, and that dead or dying trees shall be
replaced.
(5) Equipment shelters. Equipment shelters for wireless
telecommunication facilities shall be designed
consistent with one of the following design standards:
A. Equipment shelters shall be located in underground
vaults;
B. Equipment shelters shall be designed so that the
shelters are architecturally consistent, with respect to
materials and appearance, to the buildings in the area
of the wireless telecommunication facility;
C. Equipment shelters shall be camouflaged behind an
effective year round landscape buffer, equal to the
height of the proposed shelter and/or wooden fence. The
Planning Commission shall determine the style of fencing
and/or landscape buffer that is compatible with the
neighborhood; or
D. If mounted on a rooftop, the equipment shall be
concealed or camouflaged so that the shelter either is
not visible at grade or appears to be a part of the
original structure.
(6) Lighting and signs.
A. Lighting.
1. The mounts of personal wireless service facilities
shall be lighted only if required by the Federal
Aviation Administration (FAA).
2. Fighting of equipment structures and any other
facilities on site shall be shielded from abutting
properties. Foot candle measurements at the property
line shall be 0.0 initial foot candles.
B. Signs. Signs shall be limited to those needed to
identify the property and the owner and warn of any
danger. All signs shall comply with the requirements of
Chapter 1474 of the Village Code.
(7) Antenna types. Any antenna array placed upon an
existing or proposed ground mount, utility pole or
transmission line mount shall extend no more than two
feet in any direction from the center of the pole or
mount. A larger diameter antenna array may be permitted
after a finding by the Village Council that the visual
impacts of a larger antenna array are negligible.
(8) Ground and roof mounts. All ground mounts shall be
of a mast type mount. Lattice towers, guyed towers and
roof mounted monopoles are expressly prohibited.
(9) Hazardous waste. No hazardous waste shall be
discharged on the site of any wireless telecommunication
facility. If any hazardous materials are to be used on
site, there shall be provisions for full containment of
such materials. An enclosed containment area shall be
provided with a sealed floor, designed to contain at
least 110% of the volume of the hazardous materials
stored or used on the site.
(Ord. 98-41. Passed 3-16-98; Ord. 2003-06. Passed
11-10-03; Ord. 2004 04. Passed 12-13-04.)
1265.04 ABANDONMENT; REMOVAL.
(a) Obsolescence and Removal. When a wireless
telecommunication facility has not been used for 180
days or more, the entire wireless telecommunication
facility, or that portion of a wireless
telecommunication facility made obsolete by new
technology, shall be removed by the users and/or owners
of the wireless telecommunication facility. For the
purposes of this section, the removal of antennas or
other equipment from the facility, or the cessation of
operations (transmission and/or reception of radio
signals) shall be considered as the beginning of a
period of nonuse. The situations in which removal of a
wireless telecommunication facility is required may be
applied and limited to a portion of the facility.
(b) Demolition Permit. Upon the occurrence of one or
more of the events requiring removal, the property owner
or person who had last used the wireless
telecommunication facility shall immediately apply for
and secure any required demolition or removal permits,
and immediately proceed with and complete the
demolition/removal, restoring the condition which
existed prior to the construction of the wireless
telecommunication facility.
(c) Removal by Village. If the required removal of the
wireless telecommunication facility or a portion thereof
has not been lawfully completed within 60 days of the
applicable deadline, and after at least 30 days written
notice, the Village may remove or secure the removal of
the facility or required portions thereof, with its
actual costs and reasonable administrative charges to be
drawn or collected and/or reinforced from or under the
security posted at the time application was made for
establishing the wireless telecommunication facility.
(d) The applicant shall, at the time of receiving a
building permit for the wireless
telecommunication facility, post security with the
Village in a form and amount satisfactory to the Village
to guarantee the removal of abandoned or obsolete
telecommunication facilities and restoration of the
site. The amount of the security shall be estimated
removal cost, plus 25%.
(Ord. 98-41. Passed 3-16-98; Ord. 2004-04. Passed
12-13-04.)
1265.05 RADIO FREQUENCY EMISSIONS.
Wireless telecommunication facilities shall comply with
applicable Federal and State standards relative to the
environmental effects of radio frequency emissions.
(Ord. 98-41. Passed 3-16-98; Ord. 2004-04. Passed
12-13-04.)
1265.06 LOCATION IN HISTORIC DISTRICT.
Wireless telecommunication facilities and support
structures proposed for location in a designated
Historic District must also be reviewed and approved by
the Franklin Historic District Commission in accordance
with Chapter 1230.
(a) Any wireless telecommunication facility located on
or within an historic structure shall not alter the
character defining features, distinctive construction
methods, or original historic materials of the building.
(b) Any alteration made to an historic structure to
accommodate a wireless telecommunication facility shall
be fully reversible.
(c) Wireless telecommunication facilities located in an
historic district shall be concealed within or behind
existing architectural features, or shall be located so
that they are not visible from public roads and viewing
areas.
(Ord. 98-41. Passed 3-16-98; Ord. 2004-04. Passed
12-13-04.)
