Bill Text: MI SB0894 | 2017-2018 | 99th Legislature | Chaptered
Bill Title: Land use; zoning and growth management; regulation of wireless communications infrastructure; make subject to wireless communications infrastructure deployment act. Amends secs. 205 & 514 of 2006 PA 110 (MCL 125.3205 & 125.3514). TIE BAR WITH: SB 0637'17
Spectrum: Partisan Bill (Republican 1-0)
Status: (Passed) 2018-12-13 - Assigned Pa 0366'18 With Immediate Effect [SB0894 Detail]
Download: Michigan-2017-SB0894-Chaptered.html
Act No. 366
Public Acts of 2018
Approved by the Governor
December 12, 2018
Filed with the Secretary of State
December 12, 2018
EFFECTIVE DATE: March 12, 2019
STATE OF MICHIGAN
99TH LEGISLATURE
REGULAR SESSION OF 2018
Introduced by Senator Nofs
ENROLLED SENATE BILL No. 894
AN ACT to amend 2006 PA 110, entitled “An act to codify the laws regarding local units of government regulating the development and use of land; to provide for the adoption of zoning ordinances; to provide for the establishment in counties, townships, cities, and villages of zoning districts; to prescribe the powers and duties of certain officials; to provide for the assessment and collection of fees; to authorize the issuance of bonds and notes; to prescribe penalties and provide remedies; and to repeal acts and parts of acts,” 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.
(c) The small wireless communications facilities deployment 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, 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.
(c) The impact on property values in the vicinity of the 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. 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.
(c) The proposed collocation will not do any of the following:
(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) As used in this section:
(a) “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.
(c) “Wireless communications equipment” means the set of 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.
This act is ordered to take immediate effect.
Secretary of the Senate
Clerk of the House of Representatives
Approved
Governor
