Bill Text: MI SB0894 | 2017-2018 | 99th Legislature | Engrossed
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-Engrossed.html
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.
(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,
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.
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.
(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) (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.
(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.
