Ordinance Committee

ORDINANCE COMMITTEE AGENDA COMMISSION CHAMBERS 4243 REMEMBRANCE RD. NW. MONDAY, DECEMBER 20, 2021 5:00 PM Call Meeting to Order - Record Attendance 1. Committee members: Steve Gilbert (Chair), Thom Burke, Melanie Grooters, and Alternate is Roxanne Deschaine Also Present: 2. Guest invited: Discussion Items 1. Approval of Minutes from 11-15-2021 2. Discussion of the small wireless regulatory codes, fees and administrative processes. Adjournment Page 1 of 48  ORDINANCE COMMITTEE MEETING MINUTES COMMISSION CHAMBERS MONDAY, NOVEMBER 15, 2021 4:30 PM Call Meeting to Order - Record Attendance a) Committee Members Present: Steve Gilbert (Chair), Commissioner Thom Burke and Commissioner Melanie Grooters, Also Present: Rachell Nagorsen, Engineering Program Coordinator, Frank Wash, Assistant City Manager and Cara Decker, Grand Valley Metro Council. Discussion Items a) Approval of Previous Meeting Minutes from 9-13-2021 Motion by Melanie Grooters, seconded by Thom Burke to approve Ordinance Committee Minutes from 9-13-2021. Motion Carried. b) Stormwater Ordinance Update: New Stormwater Requirements and Regulations will be need to be implemented by February 1, 2022. This will include repealing Chapter 67 Article 8 to replace with the new requirements; Water Quality and Channel Protection as part of the new MS4 permit. The new Stormwater Ordinance will also refer to the Stormwater Standards Manual which outlines the standards for developers when preparing site plans. The Stormwater Standards Manual contains Best Management Practices and detailed information necessary to meet the design requirements. Kent County has been using these guidelines since January 2020. Motion by Thom Burke, seconded by Melanie Grooters to approve Draft Storm Water Ordinance and move to City Commission for 1st and 2nd Readings. Motion Carried. Adjourned at 5:15 pm Sarah J. Bydalek, City Clerk Ordinance Committee Minutes 11-15-21 Page Page21ofof48 2 Jessica A. Marion, Deputy Clerk Ordinance Committee Minutes 11-15-21 Page Page32ofof48 2  Office of the City Manager Small Wireless Regulation & Codes To: Walker Ordinance Committee, Mayor and City Manager From: Frank Wash Date: December 7, 2021 Your December 20th Ordinance Committee agenda includes a set of documents that will create a Walker small wireless regulatory process. These documents have been created via a working group consisting of staff from DPW, CDD and the city attorney’s office. You are probably familiar with the large cell towers that transmit cellular and wireless information. We have existing codes and processes for those large towers. Small wireless facilities are the “booster” infrastructure that fill the gaps between the larger cell towers. These boosters are becoming necessary as we all consume growing amounts of cellular and wireless information. We have been attempting to work with small wireless service providers for several years. Success has been elusive. In the interim, the small wireless industry teamed with our state elected officials to pass two laws…PA 365 of 2018 and PA 366 of 2018. Both are included in this packet. These two laws prescribe in great detail what the city can and cannot do to regulate small wireless facilities. Note that most small wireless installations will be requested within the public street rights-of-way. Some installs will be on existing poles. Many will be on new poles. This will likely not be an issue until new poles are requested in residential areas. On December 20th, we will present and discuss the attached fee resolution and two new ordinances. Please keep in mind that all three documents essentially derive from the aforementioned PA 365 and PA 366. Our hope is that the ordinance committee will move the documents forward for final legal reviews, staff education and then official adoptions via the city commission and planning commission. The next page shows a small wireless facility installation at the intersection of North Center Drive and River Ridge Drive. This install “snuck in” under a METRO Act permit several years ago. Please feel free to contact me with questions. Frank Wash, AICP, SHRM-CP Page 4 of 48 Walker Assistant City Manager / Community Development Director 616-791-6850 Existing (1 of 4) Small Wireless Facilities in the City of Walker 2 Page 5 of 48  FINAL DRAFT 12-6-21 CITY COMMISSION CITY OF WALKER KENT COUNTY, MICHIGAN ________________, seconded by _______________, moved the adoption of the following resolution: RESOLUTION NO. _______ A RESOLUTION TO ESTABLISH RATES, CHARGES, AND FEES ASSOCIATED WITH WIRELESS COMMUNICATIONS EQUIPMENT, SUPPORT STRUCTURES, AND SMALL CELL WIRELESS FACILITIES AND ASSOCIATED STRUCTURES RECITALS A. The State of Michigan adopted Public Act 365 of 2018 (“Act 365”) and Public Act 366 of 2018 (“Act 366”). B. Act 365 significantly preempts some aspects of the City’s authority and control over its rights of way and other public places by mandating that small cell wireless facilities and associated support structures be allowed to use and operate within those public spaces. C. Act 365 further limits the maximum amount which the City can charge to small cell wireless providers for use of these public resources, which are maintained and operated by the City. D. Act 366 amends the State of Michigan Zoning Enabling Act with respect to wireless communications equipment and supporting structures and also small cell wireless facilities. E. This resolution is adopted in order to implement the rates, charges, and fees permitted to be assessed by the City to utilize and operate within the City’s public rights of way and other public spaces by the providers of small cell wireless services and wireless communications services. NOW, THEREFORE, IT IS RESOLVED THAT: 1. The following rates, charges, and fees are hereby established: A. The zoning application fee for each installation of wireless communications equipment and support structures as defined by Act 366 shall be $100. B. The zoning application fee for each installation of non-exempt co-locating small cell wireless facilities and support structures as defined by Act 365 shall be: (1) $1,000 for each new wireless support structure or modification of an existing wireless support structure. 1 Page 6 of 48  FINAL DRAFT 12-6-21 (2) $500 for a new small cell wireless facility or modification of an existing small cell wireless facility. C. The application fee for a DPW ROW permit to co-locate a small cell wireless facility and/or associated support structure shall not exceed and shall be set as follows: (1) $200 for each small cell wireless facility alone. (2) $300 for each small cell wireless facility and a new utility pole or wireless support structure to which it will be attached. Provided that every 5 years after the effective date of this Resolution, and without further action of the City Commission, the maximum fees then authorized under this subsection C shall be increased by 10% and rounded to the nearest dollar. D. The annual DPW permit fee for each utility pole or wireless support structure in the ROW in the City on which a wireless provider has approval to co-locate a small cell wireless facility shall not exceed and shall be set as follows: (1) $20 annually, unless subsection D.(2) applies. (2) $125 annually, if the utility pole or wireless support structure was erected by or on behalf of the wireless provider on or after March 12, 2019. (This subdivision does not apply to the replacement of a utility pole that was not designed to support small cell wireless facilities.) Provided that every 5 years after March 12, 2019, and without further action of the City Commission, the maximum rates then authorized under this subsection D shall be increased by 10% and rounded to the nearest dollar. 2. All words, terms, and phrases used in this Resolution shall be interpreted in a manner consistent with Act 365 and Act 366. 3. All resolutions and parts of resolutions in conflict herewith are, to the extent of such conflict, hereby repealed. 4. This Resolution shall take immediate effect. RESOLUTION NO. _____ DECLARED ADOPTED. Dated: ____________, 2022 By: Gary Carey, Jr., Mayor By: Sarah Bydalek, Clerk 2 Page 7 of 48  FINAL DRAFT 12-6-21 CERTIFICATION I, Sarah Bydalek, the Clerk of the City of Walker, certify the foregoing is a true and complete copy of a resolution adopted by the City Commission at a regular meeting held on __________________, 2022, in compliance with the Open Meetings Act, Act No. 267 of the Public Acts of Michigan, 1976, as amended, the minutes of the meeting were kept and will be or have been made available as required by said Act. Sarah Bydalek, Clerk City of Walker 3 Page 8 of 48  CITY COMMISSION CITY OF WALKER KENT COUNTY, MICHIGAN At a regular meeting of the City Commission for the City of Walker held on , 2022, the following Ordinance was offered for adoption by Commissioner , seconded by Commissioner : (ORDINANCE NO. 2021 - ) AN ORDINANCE TO ADD A NEW CHAPTER 79, ENTITLED “SMALL CELL WIRELESS FACILITIES” TO THE CODE OF ORDINANCES, CITY OF WALKER, MICHIGAN THE PEOPLE OF THE CITY OF WALKER ORDAIN: Section 1. Amendment. That the Code of Ordinances, City of Walker, Michigan, is hereby amended by adding a new Chapter 79, Sections 79-1 through 79-16, inclusive, which chapter shall read as follows: CHAPTER 79 - Small Cell Wireless Facilities Sec. 79-1. Definitions. Any term not defined below is defined as provided by the Act. For purposes of this chapter, the following terms and phrases shall be defined as follows: a. Act means the Small Wireless Communications Facilities Deployment Act, 2018 PA 365, MCL 460.301 et seq. b. Antennae means communications equipment that transmits or receives electromagnetic radio frequency signals used in the provision of wireless services. c. Applicable Codes means that term as defined in the Act and any additional ordinances or resolutions adopted by the Authority. d. Applicant means a wireless provider that submits an application described by the Act. e. Application means an application submitted by a Wireless Services Provider or a Wireless Infrastructure Provider pursuant to the Act. f. Authority means the City of Walker, or a subdivision thereof, which is authorized by law to make legislative, quasi-judicial, or administrative decisions concerning an application governed by the Act. If the context of any portion of this chapter indicates that the City of Walker is not the object intended as the Authority, then authority holds that meaning as otherwise set forth in the Act. g. Authority Pole means a utility pole owned or operated by the Authority and located within the right-of- way. NOTE: DDA Light Poles 1 Page 9 of 48 h. City means the City of Walker, Kent County, Michigan. i. Colocate means to install, mount, maintain, modify, operate, or replace wireless facilities on or adjacent to a wireless support structure or utility pole. "Collocation" has a corresponding meaning. Collocation does not include make-ready work or the installation of a new utility pole or new wireless support structure. j. Communications facility means the set of equipment and network components, including wires, cables, antennas, and associated facilities, used by a communications service provider to provide communications service. k. Fee means a nonrecurring charge for services. l. Make-ready work means work necessary to enable an authority pole or utility pole to support collocation, which may include modification or replacement of utility poles or modifications of lines. m. Micro Wireless Facility means a small cell wireless facility that is not more than 24 inches in length, 15 inches in width, and 12 inches in height and that does not have an exterior antenna more than 11 inches in length. n. Municipally owned electric utility means a system owned by a municipality or combination of municipalities to furnish power or light and includes a cooperative electric utility that, on or after March 12, 2019, acquired all substantially all the assets of a municipal electric utility, when applying the Act to the former territory of the municipal electric utility. o. Nonauthority pole means a utility pole used for electric delivery service and controlled by the governing body of a municipally owned electric utility. p. Public right-of-way or ROW means the area on, below, or above a public roadway, highway, street, alley, bridge, sidewalk, or utility easement dedicated for compatible uses. Public right-of-way does not include any of the following: a. A private right-of-way; b. A limited access highway; c. Land owned or controlled by a railroad as defined in section 109 of the Railroad Code of 1993, PA 354 of 1993; d. Railroad infrastructure. q. Rate means a recurring charge. r. Small Cell Wireless Network means any small cell telecommunication or data-based wireless network that uses small cells facilities, including but not limited to, distributed antennae systems (DAS), femtocells, picocells, metrocells, or microcells. s. Small Cell Wireless Facilities means a wireless facility that meets both of the following 2 Page 10 of 48  requirements: a. (i) Each antenna is located inside an enclosure of not more than 6 cubic feet in volume or, in the case of an antenna that has exposed elements, the antenna and all of its exposed elements would fit within an imaginary enclosure of not more than 6 cubic feet. b. (ii) All other wireless equipment associated with the facility is cumulatively not more than 25 cubic feet in volume. The following types of associated ancillary equipment are not included in the calculation of equipment volume: electric meters, concealment elements, telecommunications demarcation boxes, grounding equipment, power transfer switches, cut-off switches, and vertical cable runs for the connection of power and other services. t. Utility Pole means a pole or similar structure that is or may be used in whole or in part for cable or wireline communications service, electric distribution, lighting, signage, or a similar function, or a pole or similar structure that meets the height requirements in section 13(5) of the Act and is designed to support small cell wireless facilities. Utility pole does not include a sign pole less than 15 feet in height above ground. u. Wireless Facility means equipment as a fixed location that enables the provision of wireless services between user equipment and a communications network, including, but not limited to, radio transceivers, antennas, coaxial or fiber-optic cable, regular and backup power supplies, and comparable equipment, regardless of technological configuration. Wireless facility includes a small cell wireless facility. Wireless facility does not include any of the following: a. The structure or improvements on, under, or within which the equipment is colocated. b. A wireline backhaul facility. c. Coaxial or fiber-optic cable between utility poles or wireless support structures or that otherwise is not immediately adjacent to or directly associated with a particular antenna. v. Wireless Infrastructure Provider means any person, including a person authorized to provide telecommunications services in this state but not including a wireless services provider, that builds or installs wireless communication transmission equipment, wireless facilities, or wireless support structures and who, when filing an application with an authority under the Act, provides written authorization to perform the work on behalf of a wireless services provider. w. Wireless Services Provider means a person that provides wireless services. x. Wireless Provider means a wireless infrastructure provider or a wireless services provider. Wireless provider does not include an investor-owned utility whose rates are regulated by the MPSC. y. Wireless Support Structure means a freestanding structure designed to support or capable of supporting small cell wireless facilities. Wireless support structure does not 3 Page 11 of 48  include a utility pole. Sec. 79-2. Permit Requirement. Except as permitted by the Act, no person shall install, operate, or colocate, in whole or in part, Small Cell Wireless Facility or Small Cell Wireless Facilities in the Authority's public right-of-way or other public place without first applying for and receiving a Small Cell Wireless Facility Permit from the Authority’s Department of Public Works in a form and subject to such reasonable and generally applicable terms and conditions as are acceptable to the Authority. Nothing herein shall be interpreted to require the Authority to issue such a permit, within the limitations of the Act, and the Authority reserves to itself discretion to grant, deny or modify a request for such permit as it determines to be in the best interest of the City and its citizens and consistent with applicable laws. Sec. 79-3. Multiple Permits. No person shall install or operate a Telecommunications Facility, as defined in the Metropolitan Extension Telecommunications Rights-of-way Oversight ("METRO") Act, Act No. 48 of the Public Acts of 2002, without first obtaining a permit from the Authority’s Department of Public Works pursuant to the METRO Act, and Chapter 81 of this Code. In some circumstances, a permit under this Chapter and Chapter 81 may be required for a particular use. Sec. 79-4. Route Maps. In addition to any further specifications found in Section 79-11.7, maps clearly indicating all existing and proposed facilities must be included with each application for collocation or installation of a Small Cell Wireless Facility pursuant to the Act. The Authority may require route maps as a condition of permit approval for Small Cell Wireless Facility Application. The required map(s) shall be legible, to scale, labeled with streets, and contain sufficient detail to clearly identify the proposed Small Cell Wireless Facility locations and surroundings. Where applicable, the required map or list shall include and identify any requested pole height(s). Maps pursuant to this section must be updated periodically to reasonably reflect the current number of facilities in the Public ROW. Sec. 79-5. Design Parameters. Where permitted by the Authority, regarding Small Cell Wireless Facilities in the Authority's ROW on or adjacent to parcels zoned for residential purposes, or within the boundaries of the Standale DDA, all small cell equipment including, but not limited to brackets, cables, poles, connections, enclosures, antennas wires and network infrastructure located in the ROW shall be shrouded for concealment, as reasonably defined by the Authority. All hardware associated with shrouded pole equipment for concealment shall be painted to match the color of the utility pole or wireless support structure. matte or low-gloss black. All poles in the Authority's ROW on or adjacent to parcels zoned for residential purposes, or within the boundaries of the Standale DDA, must be metal. Alternative designs in all other locations within the Authority shall be permitted upon a showing by an Applicant that shrouded collocation is unreasonable, technically non-feasible, discriminatory, or technologically prohibitive, provided they meet all other design, spacing, stealth and placement concealment measures provided by this chapter. The Applicant shall be responsible to obtain such other permits and approvals as required by local, state, or federal law. Sec. 79-6. Compliance with Applicable Law. The Applicant or Wireless Services 4 Page 12 of 48 Provider, in the establishment and operation of any Small Cell Wireless Facility, shall comply with all applicable local, and state and federal laws including, without limitation, the Act. Sec. 79-7. Application Fees. Application fees as provided for in this chapter shall be as authorized by the Act, as periodically set by resolution of the City Commission. Application fees shall be required for each Application received by the Authority. Sec. 79-8. Authority Pole Collocation Rates. Rates for Authority Pole collocation and Authority pPole rental are charges which may be assessed annually and must be paid for each site existing at the time fees are assessed. Both rental and collocation fees may apply to a Wireless Provider for each site it operates. Failure to pay these fees within 90 days authorizes the Authority to demand removal of the corresponding collocation or a number of collocations relative to the delinquent amount. The Authority is not responsible for costs incurred by the removal or reinstallation of facilities remove due to nonpayment of collocation rates. Every 5 years after the enactment of this Ordinance, collocation fees are subject to 10% increase pursuant to MCL 460.1313. Although both rates may apply, they must be assessed individually. All collocation rates may be amended, in compliance with the Act, by resolution, ordinance or implication through a change in state or federal law. Sec. 79-9. Authority Pole Make Ready Work Fees. Where authorized by the Act, the Authority may assess to an Applicant the commercially reasonable, competitively neutral, nondiscriminatory, good faith cost of actual charges necessary to make the Authority Pole collocation site requested by the Applicant compliant with industry standards for collocation. Fees may not include costs for prior damage or prior noncompliance unless caused by the Applicant directly, unreasonable consultant fees or expenses, or costs exceeding the actual costs to make the area suitable for collocation or erection of infrastructure. An estimate of Make-Ready Work Fees must be furnished by the Authority within 60 days after receipt of a complete application. All make-ready work must be compiled by the Authority within 60 days of written acceptance of the estimate. Sec. 79-10. Bonding Requirements. An Applicant must provide a bond of $1,000 per Small Cell Wireless Facility to provide for repair of the right-of-way and the removal of abandoned or improperly maintained Small Cell Wireless Facilities, including those that the Authority determines should be removed to protect public health, safety, or welfare. The Wireless Provider shall be responsible for all costs of repair after installation and removal and is responsible for the complete restoration of the site to its pre-installation condition. Costs of restoration exceeding the amount of the bond may be assessed to the Wireless Provider directly. All restoration measures shall have a 45-day warranty period from the day restoration is substantially complete, during which any structural or design defect or failure remains the responsibility of the Wireless Provider, subject to an opportunity to cure. This provision shall be construed in harmony with Section 79-16 concerning Removal Requirements. Cash bond may be required only from Applicants who have defaulted or failed to perform on a previous bond given to the Authority or who have failed to obtain or maintain a bond as required by the Act. Sec. 79-11. Application Process. An Applicant submitting an application to the Authority’s 5 Page 13 of 48 Department of Public Works must comply with all terms of Section 15 of the Act NOTE: Source for DPW Application. The Applicant must furnish all fees, rates, bonds, maps, permits, licenses, and permissions for an application to be deemed complete for purposes of any deadline imposed by the Act or this section. An application submitted by an Applicant shall be processed consistent with the following: 1. An Application in such form as prepared by the Authority’s Department of Public Works shall be completed and submitted as set forth in this Section. 2. The Authority may require an Applicant to provide information and documentation to enable the Authority to make a compliance determination with regard to the criteria in this Section in addition to, without limitation, Section 79-15. The Authority may also require a certificate of compliance with FCC rules related to radio frequency emissions from a Small Cell Wireless Facility. 3. If the proposed activity will occur within a shared Public ROW or a ROW that overlaps another ROW, a Wireless Provider shall provide, to each affected jurisdiction, to which an Application for the activity is not submitted, notification of the Wireless Provider's intent to locate a Small Cell Wireless Facility within the ROW. The Authority may require proof of other necessary permits, permit applications, or easements to ensure all necessary permissions for the proposed activity are obtained. 4. The Authority may require an Applicant to attest that the Small Cell Wireless Facility will be operational for use by a Wireless Services Provider within one year after the permit issuance date, unless the Authority and the Applicant agree to extend this period or delay is caused by lack of commercial power or communications transport facilities to the site. 5. An Applicant may, at the Applicant's discretion, file a consolidated application and receive a single permit for the collocation of up to 20 Small Cell Wireless Facilities within the Authority. The Small Cell Wireless Facilities within a consolidated Application must consist of substantially similar equipment and be placed on similar types of utility poles or Wireless Support Structures. The Authority may approve a permit for one or more Small Cell Wireless Facilities included in a consolidated Application and deny a permit for the remaining Small Cell Wireless Facilities. 6. The Application for a permit under this section shall be accompanied by an Application fee as set by resolution of the City Commission from time to time. 7. The permit Application shall be accompanied by a map(s) for any proposed Small Cell Wireless Facilities which shall be legible, to scale, labeled with streets, and contain sufficient detail to precisely identify the proposed Small Cell Wireless Facilities’ locations and surroundings. Where applicable, the required map(s) shall include and identify any requested pole height(s), all attachments and detailed drawings of any attachment. 8. The Applicant shall field-stake all proposed locations for Small Cell Wireless Facilities which shall be subject to the advance approval of the Authority, the Kent County Road Commission and/or the Michigan Department of Transportation as applicable. All approved Small Cell Wireless Facilities’ locations shall be on a per pole/equipment/other basis. Proposed Small Cell Wireless Facilities in residential locations shall be placed as close as possible to common or shared lot lines. 9. Once precise locations have been approved, the Applicant shall provide latitude and longitude coordinates for the Small Cell Wireless Facilities’ locations to the Authority’s 6 Page 14 of 48  engineering dDepartment of Public Works as well as detailed as-built drawings and GIS files within 90 days of the completion of installation. 10. The Applicant shall be responsible to obtain such other permits and approvals as otherwise required by law. 11. The Authority will inform an Applicant of an incomplete application by written notice within either 25 calendar days from the date received for an application under subsections 3 or 4 below, or within 30 days from the date received for an application under subsections 5 or 6 ???. The notice shall clearly and specifically delineate all missing documents or information. 12. The Applicant may submit supplemental documents or information specified in a written notice from the Authority of an incomplete application. The Aauthority will inform the applicant within 10 calendar days of receipt of supplemental documents whether the submission completes the application. 13. An application for collocation of a Small Cell Wireless Facility on an existing Utility Pole or Authority Pole must be decided within 60 calendar days from the date the application is received, subject to the terms of subsections (7) and (8) below??? and any tolling period in situations of an initially incomplete application. (This 60 calendar day deadline tolls for the period between the date that the Applicant receives written notice of incompleteness mentioned in subsection 1 above until the date the Applicant makes a supplemental submission in response to the authority's notice of incompleteness). 14. An application for a new or replacement Utility Pole or Authority Pole and associated Small Cell Wireless Facility must be decided with 90 calendar days from the date is it deemed received, subject to the terms of subsections (7) and (8) below and any tolling period in situations of an initially incomplete application. (This 90 calendar day deadline tolls for the period between the date that the Applicant receives written notice of incompleteness mentioned in subsection 1 above until the date the Applicant makes a supplemental submission in response to the authority's notice of incompleteness). 15. An application for modification of an existing Wireless Support Structure or installation of a Small Cell Wireless Facility (where no utility pole is involved) must be decided with 90 calendar days from the date is it deemed received, subject to the terms of subsections (7) and (8) below and any tolling period in situations of an initially incomplete application. (This 90 calendar day deadline tolls for the period between the date that the Applicant receives written notice of incompleteness mentioned in subsection 1 above until the date the Applicant makes a supplemental submission in response to the authority's notice of incompleteness). 16. An application for the construction of a new Wireless Support Structure by or on behalf of the Applicant must be decided with 150 calendar days from the date it is deemed received. 17. If an application from another Wireless Services Provider or Wireless Infrastructure Provider is received within 1 week of an application, an additional 15 days is permissible for rendering a decision on the first application. 18. Upon written notice to the Applicant showing good cause, the Authority will be permitted an additional 15 days to decide an application. 18.19. NEED TO INCLUDE A REFERENCE TO ZONING PERMIT PROCESS, INCLUDING PLANNING COMMISSION REVIEW, IN NEW PARTS OF CHAPTER 94. 7 Page 15 of 48 Sec. 79-12. Radio Frequency Notice and FCC Compliance. The communication systems and devices used by the AuthorityCity operate on FCC regulated and licensed Radio Frequency. The FCC regulates Radio Frequency (“RF”) and has established safety guidelines relating to potential RF exposure. The FCC is required by the National Environmental Policy Act of 1969 to evaluate the effect of emission from FCC-regulated transmitters on the quality of the human environment. As a result, the FCC established Maximum Permissible Exposure ("MPE") limits, in consultation with many federal agencies, including the Environmental Protection Agency, the Food and Drug Administration, and the Occupational Safety and Health Administration. State and local governments have limited authority over certain wireless facilities. PA 365 and PA 366 of 2018 The statue also preempts local decisions premised directly or indirectly on the environmental effects of RF emission, assuming that the provider is in compliance with the commission’s RF rules. Notification signage is required in areas or near equipment that may have RF exposure levels that may exceed the General Population MPD, Occupational PE, or both. 20. Sec. 79-13. Spacing, Stealth and Concealment. Subject to the design parameters in Section 79-5, a Small Cell Wireless Facility shall not be installed or collocated within 600 feet of an existing Small Cell Wireless Facility installed or collocated by the same Wireless Provider, except that Micro Wireless Facilities shall not be within 300 feet of an existing Micro Wireless Facility installed or collocated by the same Wireless Provider. Shrouded pole equipment for concealment of all communication facility components shall be the default design for Uutility Ppoles and Authority Poles located within the right-of-way but shall allow exceptions as provided in Section 79-5. Screening and or camouflage may be required based on the location of the proposed Wireless Facility. A proposed Wireless Facility may not obstruct the clear vision area of any intersection, obstruct pedestrian movement, interfere with traffic signals, or cause damage to trees or light poles. Unless otherwise permitted, Small Cell Wireless Facilities shall be located no closure than 18 inches from an existing/proposed sidewalk/face of curb and no closer than 10 feet from any driveway. Any Wireless Service Provider operating within the right-of way must adhere to the Americans with Disability Act of 1990, and all laws adopted by the CityAuthority impacting access for disabled persons. An Applicant may be exempted from any of these requirements upon written showing that compliance would be unreasonable, technically non-feasible, discriminatory, or technologically prohibitive. Once precise locations have been approved, the Applicant shall provide latitude and longitude coordinates for the Small Cell Wireless Facilities’ locations to the Authority’s Department of Public Works as well as detailed as-built drawings and GIS files within 90 days of the completion of installation. Once precise locations and spacing, stealth and concealment measures have been approved in accordance with this section, the Applicant shall provide latitude and longitude coordinates for the Small Cell Wireless Facility's location to the City's' Engineering Department. Sec. 79-14. Prior Permit and Permit Renewal. An Applicant with an existing permit that seeks additional collocation or renewal of terms through a new application must submit a complete application, including fees, bonds, and documentation as if it were a new 8 Page 16 of 48 application under the Act. No permit issued pursuant to this chapter will be deemed adequate for purposes of any other application or request for collocation. Sec. 79-15. Denial of Permits. The Authority may deny a compiled application only for failure to conform to the requirements of this chapter, the procedure detailed by the Act, or any of the following reasons: (1) Materially interfere with the safe operation of traffic control equipment. (2) Materially interfere with sight lines of clear zones for transportation or pedestrians. (3) Materially interfere with compliance with the Americans with Disabilities Act of 1990 or similar federal, state, or local standards regarding pedestrian access or movement. (4) Materially interfere with maintenance or full unobstructed use of public utility infrastructure under the jurisdiction of an authority. (5) With respect to drainage infrastructure under the jurisdiction of an authority, either of the following: (6) Materially interfere with maintenance or full unobstructed use of the drainage infrastructure as it was originally designed. (7) Not be located a reasonable distance from the drainage infrastructure to ensure maintenance under the Drain Code of 1956, 1956 PA 40, and access to the drainage infrastructure. (8) Fail to comply with reasonable, nondiscriminatory, written spacing requirements of general applicability adopted by ordinance or otherwise that apply to the location of ground- mounted equipment and new utility poles and that do not prevent a wireless provider from serving any location. (9) Fail to comply with applicable codes. (10) Fail to comply with section 13(7) or (8) of the Act. (11) Fail to meet reasonable, objective, written stealth, or concealment criteria for small cell wireless facility applicable in a historic district or other designated area, as specified in an ordinance otherwise and non-discriminatorily applied to all other occupants of the right-of-way, including electric utilities, incumbent or competitive local exchange carriers, fiber providers, cable television operators, and the authority. An application requesting collocation of more than on Small Cell Wireless Facility may be approved or denied by the Authority for each facility individually and denial of one or more proposed collocation will not result in the failure of the entire application. Sec. 79-16. Removal Requirements. Before discontinuing use of a Small Cell Wireless Facility, Utility Pole, Authority Pole or Wireless Support Structure, regardless of whether by decision or requirement, shall notify the Authority in writing and submit a removal plan to restore the right-of-way and Authority infrastructure to its original condition. If the Authority approves the timeline proposed by the removal plan, the Wireless Provider must adhere to the terms of the approved removal plan. If the Wireless Provider does not have an approved removal plan or fails to renew its license within forty-five (45) days after the discontinuance of use, the aAuthority may complete the removal itself and assess the costs of removal against the Wireless Provider. Additionally, a site which is licensed but has been abandoned or left unused for more than one (1) year, is subject to the removal procedure provided within this subsection. A permit under this Ordinance expires at the time the Small 9 Page 17 of 48  Cell Wireless Facility has been removed. Sec. 79-17. Policy Implementation. Employees and staff of the Authority shall promulgate rules and policies consistent with the Act and may make interpretations to the design parameters or stealth, spacing and concealment criteria set forth herein that are reasonable, technically feasible and technologically neutral. Section 79-172. Repealer. That all other ordinances inconsistent with provision of this Ordinance are hereby repealed only to the extent necessary to give this Ordinance full force and effect. Section 79-183. Savings Clause. The provisions of this Ordinance are severable. If any whole or sub- section, chapter, paragraph, sentence, or clause is declared void or inoperable for any reason by a court of competent jurisdiction, such declaration shall not void any or render inoperable other part or portion of this Ordinance. Section 79-194. Effective Date. This Ordinance will become effective upon its publication in a newspaper in general circulation within the City as provided by law. The vote to adopt this Ordinance was as follows: YEAS: NAYS: ABSENT/ABSTAIN: ORDINANCE DECLARED ADOPTED. ________________________________ Gary Carey, Jr. City of Walker Mayor ________________________________ Sarah Bydalek City Clerk CERTIFICATION I hereby certify that the foregoing Ordinance was adopted by the City Commission for the City of Walker, Kent County, Michigan, at a meeting of the City Commission duly called and held at the date and time stated above. Sarah Bydalek City Clerk Adopted: 10 Page 18 of 48 Published: Effective: 11 Page 19 of 48  CITY COMMISSION CITY OF WALKER KENT COUNTY, MICHIGAN At a regular meeting of the City Commission for the City of Walker held on , 2021, the following Ordinance was offered for adoption by Commissioner , seconded by Commissioner : (ORDINANCE NO. 2021 - ) AN ORDINANCE TO AMEND CHAPTER 94, ARTICLE I, TO ADD A NEW SECTION 94-11, TO BE ENTITLED “THE EFFECT OF ZONING;” TO AMEND CHAPTER 94, ARTICLE XII, TO ADD A NEW SECTION 94-360, TO BE ENTITLED “SMALL CELL WIRELESS FACILITIES;” AND TO AMEND CHAPTER 94, ARTICLE IX, TO ADD A NEW SECTION 94-254, SUBSECTION (c), TO BE ENTITLED “NON-EXEMPT SMALL CELL WIRELESS FACILITIES,” OF THE CODE OF ORDINANCES OF THE CITY OF WALKER, MICHIGAN. THE CITY OF WALKER ORDAINS: Section 1. Amendment of Chapter 94, Article I. That the Code of Ordinances of the City of Walker, Michigan, Chapter 94 (Zoning Ordinance), Article I, entitled “In General” is amended to add a new Section 94-11 to read as follows: Sec. 94-11. The effect of zoning. A. Uses which are not expressly listed in a particular zone district to be permitted or allowed subject to special exception use review are prohibited. B. Notwithstanding the foregoing, the co-location of a small cell wireless facility and associated support structure within a public right of way ("ROW") is not subject to zoning reviews or approvals under this ordinance to the extent exempt from such reviews under Act No. 365 of 2018, as amended ("Act 365"). In such case, a utility pole or authority pole in the ROW may not exceed 40 feet above ground level without city planning commission special exception use permit approval. and aA small cell wireless facility in the ROW shall not extend more than five feet above a utility pole, authority pole or wireless support structure on which the small cell wireless facility is co-located without city planning commission special exception use permit approval. Co-location of a small cell wireless facility or installation of an associated support structure shall require that the wireless provider apply for and obtain a DPW permit from the city consistent with the Walker Code. New small cell wireless facilities and associated support structures which are not exempt from zoning reviews and approvals shall only be permitted in accordance with the provisions of this zoning ordinance and Act 365 and upon application for and 1 Page 20 of 48  receipt from the city of a special exception use permit consistent with the Walker Code. C. A small cell wireless facility proposed in the ROW that exceeds the height restrictions in B above is subject to special exception use standards of section 94- 254(c) of the Zoning Ordinance. D. A new small cell wireless facility located outside of the ROW is subject to the special exception use standards of section 94-250 and 94-254(c) of the Zoning Ordinance. E. Within all city zoning districts, aAs defined in A article VII, the following uses are allowed only as provided for in the following zoning districts. Refer to Aarticle IX, approval standards for special exception uses, for applicable conditions. P: Land and/or buildings may be used for the purposes listed by right. SEU: Land and/or buildings may be permitted by obtaining special exception use approval when all applicable standards as cited in Aarticles VII and IX and elsewhere are met:. Type of Facility RAll R-2 …All C The All per District Residential Commercial SDD and Industrial Zoning and Office P-SP Zoning Districts, Zoning Zoning DistrictsI- including Districts Districts the AA District Exempt wireless P P P P communication equipment (attached to a lawful existing wireless support structure) in accordance with Act 365 and Act 366 of 2018 Exempt small cell P P P P wireless facility or support structure in accordance with Act 365 of 2018 Non-exempt small cell SEU SEU SEU SEU wireless facility (outside of the ROW) in accordance with Act 365 of 2018 Non-exempt small cell SEU SEU SEU SEU wireless facility or support structure in the ROW (exceeds height, width etc. standards) in 2 Page 21 of 48  accordance with Act 365 of 2018 New wireless SEU SEU SEU SEU communication support structure Non-exempt wireless SEU SEU SEU SEU communication equipment or support structure (exceeds height, width etc. standards) in accordance with Act 366 of 2018 Section 2. Amendment of Chapter 94, Article XII. That the Code of Ordinances of the City of Walker, Michigan, Chapter 94 (Zoning Ordinance), Article XII, entitled “Supplementary District Regulations” is hereby amended to add a new Section 94-360 to read as follows: Sec. 94-360. Small Cell Wireless Facilities. a. Definitions. Consistent with Act No. 365 of the Public Acts of Michigan of 2018, as amended (the “Act”), for purposes of this section the following words and phrases shall be defined as follows. In the event of a conflict between the definitions herein and the Act, the provisions of the Act shall control. a. “Colocate” means to install, mount, maintain, modify, operate, or replace wireless facilities on or adjacent to a wireless support structure, authority pole or or utility pole. "Collocation" has a corresponding meaning. Collocation does not include make-ready work or the installation of a new authority pole, utility pole or new wireless support structure. b. “Applicable Codes” means that term as defined in the Act and any additional ordinances or resolutions adopted by the City. c. “Micro Wireless Facility” means a small cell wireless facility that is not more than 24 inches in length, 15 inches in width, and 12 inches in height and that does not have an exterior antenna more than 11 inches in length. d. “Public right-of-way” or “ROW” means the area on, below, or above a public roadway, highway, street, alley, bridge, sidewalk, or utility easement dedicated for compatible uses. Public right-of-way does not include any of the following: i. A private right-of-way; ii. A limited access highway; iii. Land owned or controlled by a railroad as defined in section 109 of the railroad code of 1993, PA 354 of 1993, MCL 462.109; iv. Railroad infrastructure. e. “Small Cell Wireless Facilities” means a Wireless Facility that meets both of the following requirements: 3 Page 22 of 48  i. Each antenna is located inside an enclosure of not more than 6 cubic feet in volume or, in the case of an antenna that has exposed elements, the antenna and all ofall its exposed elements would fit within an imaginary enclosure of not more than 6 cubic feet. ii. All other wireless equipment associated with the facility is cumulatively not more than 25 cubic feet in volume. The following types of associated ancillary equipment are not included in the calculation of equipment volume: electric meters, concealment elements, telecommunications demarcation boxes, grounding equipment, power transfer switches, cut-off switches, and vertical cable runs for the connection of power and other services. f. “Wireless Facility” means equipment as a fixed location that enables the provision of wireless services between user equipment and a communications network, including, but not limited to, radio transceivers, antennas, coaxial or fiber-optic cable, regular and backup power supplies, and comparable equipment, regardless of technological configuration. Wireless facility includes a small cell wireless facility. Wireless facility does not include any of the following: i. The structure or improvements on, under, or within which the equipment is colocated. ii. A wireline backhaul facility. iii. Coaxial or fiber-optic cable between utility poles or wireless support structures or that otherwise is not immediately adjacent to or directly associated with a particular antenna. g. “Wireless Infrastructure Provider” means any person, including a person authorized to provide telecommunications services in this state but not including a wireless services provider, that builds or installs wireless communication transmission equipment, wireless facilities, or wireless support structures and who, when filing an application with an authority under the Act, provides written authorization to perform the work on behalf of a wireless services provider. h. “Wireless Services Provider” means a person that provides wireless services. i. “Wireless Provider” means a wireless infrastructure provider or a wireless services provider. Wireless provider does not include an investor-owned utility whose rates are regulated by the MPSC. j. “Wireless Support Structure” means a freestanding structure designed to support or capable of supporting small cell wireless facilities. Without limitation, wireless support structure does not include a utility pole or an authority pole. b. Applicability. a. Permitted use not requiring zoning permit. A Wireless Provider is not required to obtain a zoning permit, zoning review or approval, or pay zoning fees or rates for 4 Page 23 of 48  any of the following uses or activities in any zoning district: i. The replacement of a Small Cell Wireless Facility with a Small Cell Wireless Facility that is not larger or heavier and in compliance with all applicable codes. ii. Routine maintenance of a Small Cell Wireless Facility, Utility Pole, or Wireless Support Structure. iii. The installation, placement, maintenance, operation, or replacement of a Micro Wireless Facility that is suspended on cables strung between utility poles or wireless support structures in compliance with applicable codes. b. Permitted use requiring a permit. Except that an application for a permitted use is shall remain subject to the application and permit approval process contained in Chapter 79 of the Walker Code, the collocation by a Wireless Provider of Small Cell Wireless Facilities, and the construction, maintenance, modification, operation, or replacement of wireless support structures, uUtility pPoles and authority poles in, along, across, upon, and under a Public ROW is a permitted use allowed in all zoning districts and is not subject to zoning review or approval if consistent with the following: i. A wireless support structure, utility pole or authority pole in the ROW installed or modified on or after the effective date of the Act shall not exceed 40 feet above ground level, unless a taller height is agreed to by the authority via a special exception use permit. ii. A small cell wireless facility in the ROW installed or modified after the effective date of the Act shall not extend more than 5 feet above an authority utilitypole, utility pole or wireless support structure on which the small cell wireless facility is colocated, unless a taller height is agreed to by the authority via a special exception use permit. . Applications for activities that do not meet both subsections (B)(b.) i and ii are subject to subsection (B)(c.). c. Special exception uses requiring Planning Commission Approval. Except as provided in subsection (B)(b.), above, the following activities that take place within or outside the Public ROW are special exception uses in any district and are subject to zoning review and approval: i. The modification of existing or installation of new Small Cell Wireless Facilities. ii.i. The modification of existing or installation of new Wireless Support Structures used for such Small Cell Wireless Facilities.CHECK THIS AGAINST THE ACTS 5 Page 24 of 48 Section 3. Amendment of Chapter 94, Article IX, Sec. 94-254. That Chapter 94 (Zoning Ordinance), Article IX of the Code of Ordinances of the City of Walker, Michigan, is hereby amended to add a new Subsection (c) to Section 94-254, entitled “Non-Exempt Small Cell Wireless Facilities,” to read as follows: Sec. 94-254. Specific standards for certain special exception uses. In addition to meeting the standards of approval applicable to all special exception uses as provided by this chapter, the following uses shall also be subject to the following specific standards: (a) Mineral processing and material storage. (1) Lot and setback requirements. a. The minimum lot size for such uses shall be 20 acres. b. All principal and accessory buildings and structures, and all stored mineral materials shall meet the following minimum requirements: Requirement Adjoining any residential use Adjoining or residential district any other (including AA district) district Front yard 500 feet 50 feet Side yard 500 feet 20 feet Rear yard 500 feet 20 feet Lot coverage 60% 60% Height Buildings or structures 45 feet 45 feet Stored material piles 35 feet 35 feet c. All required yard areas shall be planted with ground cover suitable to prevent dust and erosion. (2) Screening. a. The property or properties on which the use is established shall be planted with screening materials meeting one of the following requirements, or a combination thereof, as approved by the planning commission: 1. Planting of staggered rows of coniferous trees along the boundaries of the property at least six feet in height at the time of planting. The planting of the rows of coniferous trees shall ensure a continuous screen along the property lines. 2. Construction of a solid fence or wall of decorative wood or masonry materials, which shall be continuously maintained. 3. Other methods approved by the planning commission that achieve the required screening, including the use of existing vegetation, earthen berms, etc. (3) Access and on-site circulation. a. All such uses shall have direct access to a public street. Driveway approaches 6 Page 25 of 48  to the site must be constructed in accordance with the requirements of the city engineer. b. To minimize the deposit from trucks of mineral materials onto a public street, a paved or bituminous surface shall be provided for all on-site entrance and exit drives for a distance into the site of not less than 300 feet from the property line marking the entrance to the site. If such materials are deposited on the public street, it shall be the responsibility of the property owner to immediately remove the spilled or deposited material. (4) Erosion control measures shall be maintained to comply with the state Soil Erosion and Sedimentation Control Act (Part 91 of Act 451 of the Public Acts of Michigan of 1994, MCL 324.9101 et seq., as amended), and with any other applicable federal, state, or city requirements. (5) Any on-site lighting shall be shielded or otherwise directed away from adjacent properties. Poles or lighting fixtures shall not exceed a height of 35 feet. (6) All machinery, equipment, facilities, and operations shall be maintained and conducted in such a manner as to eliminate, to the maximum extent practical, noises, vibrations, dust or other adverse conditions which interfere with the reasonable use and enjoyment of property in the vicinity. To this end, the planning commission may impose such conditions as are necessary to achieve this objective. Such conditions shall comply with the requirements of section 94-251. (7) Separation, crushing, dissolving, breaking up, pulverizing, grinding, shredding, mixing, combining, or other similar operations shall not begin prior to 7:00 a.m. and shall end not later than 7:00 p.m., or as may be determined by the planning commission. (b) Junkyards. (1) Requests for a special exception use for establishment of a junk yard shall also require submission of a detailed proposal identifying the predominant type of salvage or junk to be received, the methods of separation and/or recycling, and ultimate destination of waste materials. The applicant shall be required to submit written materials outlining measures taken to comply with all necessary state, county, and local laws. (2) The site shall be provided with suitable access to a collector or arterial road to ensure safe, direct transport of salvage to and from the site. (3) No portion of the storage area shall be located within 500 feet of any residential use or district. (4) Any outdoor storage area shall be completely enclosed by a fence or wall at least six feet in height constructed of a sturdy, durable material and sufficiently opaque to ensure that salvage is not visible from outside the storage area. The fence or wall shall have a minimum of two nontransparent gates each of which shall not exceed 48 feet in width providing access to the storage area for vehicles but shall not allow direct view of the storage area from adjacent properties or streets. Said fence or 7 Page 26 of 48  wall shall be continuously maintained in good condition and shall contain only approved signs. (5) Stored materials shall not be stacked higher than the height of the fence used to enclose the storage area and shall be stored in a manner so as not to be visible from adjoining properties or rights-of-way. In no case shall salvage or junk be stored at a height exceeding the height of the storage area fence or wall. (6) A management office shall be provided on site. (7) Conditions within the storage area shall be controlled to minimize the hazards of fire and other threats to health and safety. (8) All portions of the storage area shall be accessible to emergency vehicles. (9) Vehicles or vehicle bodies shall be stored in rows with a minimum of 20-foot continuous loop drives separating each row of vehicles. (10) All batteries shall be removed from any vehicle, and all radiator and fuel tanks shall be drained prior to the vehicle being placed in the storage yard. Salvaged batteries, oil and other such substances shall be removed by a licensed disposal company or be stored in a manner which prevents leakage of battery fluid. No fluids removed from vehicles shall be applied as a dust control method. (11) Vehicle parts shall not be stored, loaded, unloaded, or dismantled outside the fence enclosing the salvage yard. (12) The property shall include at least six acres. (13) All fences shall be setback a minimum of 500 feet from any residential use or district. (14) In order to protect surrounding areas, the crushing of vehicles or any part thereof shall be limited to daylight hours. (15) The planning commission may impose other conditions as are necessary to ensure compliance with this section. Such conditions shall comply with the requirements of section 94-251. (c)c. Non-Exempt Small Cell Wireless Facilities. The collocation of existing, or installation of new, small cell wireless facilities or new authority poles, utility poles or wireless support structures (jointly, "support structures") used for such small cell wireless facilities that are not exempt from zoning review in accordance with Public Act 365 of 2018 shall be subject to special exception use review and approval in accordance with the following procedures and standards: 8 Page 27 of 48 (1) New installations of support structures designed to support small cell wireless facilities outside of the right-of-way shall be installed on a legal conforming lot for the zoning district in which it is located as a principal use. This provision shall not apply to existing support structures, including existing buildings. (2) Wireless Support Structures designed to support Small Cell Wireless Facilities outside of the Public ROW must be set back from all lot lines (and in the case of a park site, from areas of unrestricted public use) at a distance that is equal to the actual fall zone for the Wireless Support Structure proposed or 50 percent of the height of the support structure, whichever is greater. The fall zone shall be certified by a State of Michigan licensed and registered professional engineer. (3) The owner and operator of a Wireless Support Structure for new Small Cell Wireless Facilities outside Public ROWs shall agree to permit other communication service providers, including local governmental agencies, to use the Wireless Support Structure, upon commercially reasonable terms and conditions. As used herein, "commercially reasonable terms and conditions" shall mean a rental or license rate consistent with the market for metropolitan Grand Rapids and without mandating the use of another entity's towers. This obligation shall not require the owner or operator to permit access where doing so will interfere with the owner or operator's ability to provide or receive signals or with contractual obligations to unrelated third parties. (4) The proposed Wireless Support Structure will be structurally sound and constructed in accordance with all federal, state or local legal requirements and otherwise capable of being used in accordance with the requirements of this section. The owner or operator shall inspect Wireless Support Structure annually and the record of this annual inspection shall be submitted to the zoning administrator. In addition, an engineering inspection and certification will be required: a. when the Wireless Support Structure is put into service; b. every five years thereafter; and c. whenever a structural change is made. (5)(4) In residential and historic districts, the height of support structures outside of Public ROWs shall not exceed that minimally required to meet federal, statestate, and local performance requirements. Subject to FAA standards, any support structure in a residential district shall not be erected at a height to require lighting. (6)(5) The applicant shall include in its application for special exception uses information on the screening or landscaping of the site. The Wireless Support Structure may be required to be disguised or stealthed with natural or manmade features such as landscape features, clock towers, steeples, flagpoles etc. in residential or historic districts. Landscape screening and similar environment- blending measures may be required by the planning commission to help screen the ancillary buildings from the surrounding uses, with special consideration for 9 Page 28 of 48  residential uses. (7)(6) The processing of an application is subject to all the process as detailed in Section 79-11. (8)(7) The planning commission shall base its review of the special exception use request on the standards contained in Section 94-250 as well as the standards in this section; provided, however that a denial shall comply with all of the following: a. The denial is supported by substantial evidence contained in a written record that is publicly released contemporaneously. b. There is a reasonable basis for the denial. c. The denial would not discriminate against the applicant with respect to the placement of the facilities of other wireless providers. (9)(8) In addition to the provisions set forth herein, the planning commission in its review of an application is subject to all of the following: a. An applicant's business decision on the type and location of Small Cell Wireless Facilities, support structures, or technology to be used is presumed to be reasonable. This presumption does not apply with respect to the height of Small Cell Wireless Facilities or Wireless Support Structures. b. An applicant shall not be required to submit information about its business decisions with respect to any of the following: i. The need for a Wireless Support Structure or Small Cell Wireless Facilities. ii. The applicant's service, customer demand for the service, or the quality of service. (10)(9) The fees for zoning review of a special exception use and associated site plan shall be as set by resolution of the City Commission from time to time. (11)(10) Within one year after a zoning approval is granted, a Wireless Provider shall commence construction of the approved Wireless Support Structure that are to be operational for use by a Wireless Services Provider, unless the City and the applicant agree to extend this periodperiod, or the delay is caused by a lack of commercial power or communications facilities at the site. If the Wireless Provider fails to commence the construction of the approved Wireless Support Structure within the time requiredrequired, the zoning approval is void. Section 4. Conflict. A. Nothing in this Ordinance will be construed in such a manner so as toto conflict with existing City ordinances except as otherwise stated herein. B. Nothing in this Ordinance will be construed in such a manner so as toto conflict with the laws of the state of Michigan. 10 Page 29 of 48 Section 5. Repealer. All ordinances and resolutions or parts of ordinances and resolutions in conflict with this Ordinance are repealed, but only to the extent of any such conflict. Section 6. Savings Clause. The provisions of this Ordinance are severable. If any part of this Ordinance is declared void or inoperable for any reason by a court of competent jurisdiction, such declaration does not void any or render inoperable other part or portion of this Ordinance. Section 7. Effective Date. This Ordinance is effective 7 days after its publication in the manner required by law. YEAS: _____________________________________________________ NAYS: _____________________________________________________ ABSENT/ABSTAIN: __________________________________________ ORDINANCE DECLARED ADOPTED. ________________________________ Gary Carey, Jr. City of Walker Mayor ________________________________ Sarah Bydalek City of Walker Clerk CERTIFICATION I hereby certify the foregoing to be a true copy of the Zoning Ordinance/ordinance amendment to Zoning Ordinance for the City of Walker, Kent County, Michigan, adopted by the City Commission for the City of Walker at the time, date and place as specified above, pursuant to the required statutory procedures. Public Hearing: 11 Page 30 of 48 Adopted: Published: Effective: Respectfully submitted, By ________________________________ Sarah Bydalek City of Walker Clerk 12 Page 31 of 48  CITY OF WALKER DEPARTMENT OF PUBLIC WORKS 4243 REMEMBRANCE RD NW WALKER MI 49534 O.616-791-6854 PUBLICWORKS@WALKER.CITY RIGHT OF WAY SMALL CELL APPLICATION APPLICANT MUST ATTACH APPLICABLE DRAWINGS AND TRAFFIC PLANS TO THIS PERMIT APPLICATION. APPLICATIONS CAN BE SUBMITTED VIA MAIL TO ADDRESS LISTED ABOVE OR BY EMAIL TO PUBLICWORKS@WALKER.CITY OWNER/OPERATORS INFORMATION NAME: _________________________________ COMPANY _____________________________________ ADDRESS: ______________________________ CITY ______________________ STATE _____ ZIP _________ PHONE: ___________________________________ EMAIL:___________________________________________ APPLICANT INFORMATION NAME: _________________________________ COMPANY _____________________________________ ADDRESS: ______________________________ CITY ______________________ STATE _____ ZIP _________ PHONE: ___________________________________ EMAIL:___________________________________________ CONTRACTOR INFORMATION NAME: ______________________________________ COMPANY ______________________________________ ADDRESS: _______________________________ CITY _____________________STATE _________ ZIP ________ PHONE: __________________________________ EMAIL: _________________________________________ SUBCONTRACTOR INFORMATION (SUBCONTRACTORS ARE REQUIRED TO BE LICENSED AND BONDED) NAME: ______________________________________ COMPANY _____________________________________ ADDRESS ____________________________ CITY _______________________STATE _________ ZIP _________ PHONE: _____________________________ EMAIL: _____________________________________________ CHECK BOX PERMIT TYPE LENGTH TRAFFIC IN FEET NEW REPLACE MODIFY REPAIR CONTROL NEW UTILITY POLE POLE HEIGHT HEIGHT OF SMALL CELL WIRELESS FACILITY ABOVE THE TOP OF THE UTILITY POLE LOCATION _____________________________________________________________________________________ START DATE: ______________________________ COMPLETION DATE: _______________________________ DESCRIPTION OF WORK NOTES ● Utility Poles more than 40' tall must first receive a Special Exception Permit approval from the City of Walker Planning Commission ● Small Wireless Facilities more than 5' above the top of the Utility Pole must first receive a ● Special Exception Permit approval from the City of Walker Planning Commission ● Small Cell Wireless Facilities outside of the right of way/easements contact the Community Development Department at (616) 791-6858. FEES APPLICATION FEES $200 - Small Cell Facility on a pole owned by municipally owned electric utility $300 - Small Cell Facility on a pole owned by a municipality-owned electric utility which an engineering report is required. $100 each - Addition of new utility pole to an existing Small Cell Facility Page 32 of 48 ZONING FEES $500.00/each - Zoning approval: new facilities or modification of existing facilities $1,000/each - Zoning approval - new wireless support structure or medication of existing wirelss support structure ANNUAL FEES - $125 per year for each dedicated Small Cell Wireless Facility Utility Pole - $20 per year of each non-dedicated (colocation) Small Cell Wireless Facility Utility Pole CITY OF WALKER CONSTRUCTION STANDARDS ● Give a 72 hour notice before starting a project. ● Subcontractors are required to be registered with the city to perform work in the public right of way. ● CALL MISS DIG AT 811 OR 1 (800) 482 7171 (Prior to any work being performed) ● All work is required to be performed per the City of Walker Construction Standards for Public Right-of-way and easements. ****** FOR A COMPLETE COPY OF THE CONSTRUCTION STANDARDS PLEASE VISIT OUR WEBSITE AT ****** http://www.walker.city/PERMIT%20FEES%20-%20CONSTRUCTION%20STANDARDS.pdf SIGNATURES THE UNDERSIGNED FURTHER AGREES THAT IF THIS APPLICATION IS APPROVED THEY WILL MEET ALL LEGAL REQUIREMENTS AND THAT THEY WILL BE RESPONSIBLE TO THE CITY OF WALKER FOR ANY DAMAGES TO THE HIGHWAY, AND THAT THEY WILL AND TRULY PAY ALL DAMAGES, FINES AND PENALTIES WHICH THEY WILL BECOME LIABLE TO PAY AND SHALL SAVE THE CITY OF WALKER HARMLESS FROM ALL SUITES, CLAIMS, DAMAGES AND PROCEEDINGS OF ANY KIND DUE TO THESE PERMITTED ACTIVITIES AND OPERATIONS WITHIN THE HIGHWAY RIGHT OF WAY. Signature: ___________________________________ Date: __________________________________ Print name: __________________________________ OFFICE USE ONLY: Date received: ___________ Date Application Reviewed: ________________ Application complete: yes ________ or no __________ Date of Application Verification letter: _______ Planning Commission Review Required yes ______ or no _____ Review of City code standards: yes ______ or no _____ Zoning approval required: yes _____ or no ______ Zoning approval granted: Yes _____ or no _____ Deadline date for application permit review ____________________ Page 33 of 48 Page 34 of 48 Page 35 of 48 Page 36 of 48 Page 37 of 48 Page 38 of 48 Page 39 of 48 Page 40 of 48 Page 41 of 48 Page 42 of 48 Page 43 of 48 Page 44 of 48 Page 45 of 48 Page 46 of 48 Page 47 of 48 Page 48 of 48