Village of Dane, WI Article X Signal-Receiving Antennas; Wind Energy Systems

§ 520-81 Signal-receiving antennas.

A. Purpose. This section regulating the placement of signal-receiving antennas is adopted to:

(1) Provide uniform regulation of all signal-receiving antenna devices;

(2) Secure placement of such antennas in an aesthetically sensitive manner while allowing users reasonable reception of signals;

(3) Protect the public from injury from antennas that are inadequately mounted, unduly susceptible to wind pressure, improperly installed and wired, or are placed on structures insufficiently designed or constructed to safely support the antenna; and

(4) Provide for placement of such antennas in locations that preserve access to rear property areas by fire-fighting apparatus and emergency personnel.

B. Permit required. No owner shall, within the Village of Dane, build, construct, use or place any type of signal-receiving antenna until a permit shall have first been obtained from the Zoning Administrator.

C. Definitions. As used in this section, the following terms shall have the meanings indicated:

OWNER

The holder of record of an estate in possession in fee simple, or for life, in land or real property, or a vendee of record under a land contract for the sale of an estate in possession in fee simple or for life, but does not include the vendor under a land contract. A tenant in common or joint tenant shall be considered such owner to the extent of his interest. The personal representative of at least one owner shall be considered an owner.

SIGNAL-RECEIVING ANTENNA

Except for mobile service facilities and support structures as defined in § 520-81.1 of this Code of Ordinances, any outdoor apparatus capable of receiving communications from a transmitter or a transmitter relay located in a planetary orbit. Except as set forth in § 520-81.1, this definition includes all types of signal-receiving antennas, including, without limitation, parabolic antennas, home earth stations, satellite television discs, UHF and VHF television antennas, and AM, FM, ham and short-wave radio antennas regardless of the method of mounting.

[Amended 11-5-2013 by Ord. No. 2013-15]

D. Application. Application for a signal-receiving antenna permit shall be made in writing to the Zoning Administrator. With such application, there shall be submitted a fee as set forth in Chapter A150, Fees, and a sufficient set of mounting plans and specifications, including a general plot plan showing the location of the proposed signal-receiving antenna with respect to streets, lot lines and buildings. If such application meets all requirements of this section, the application shall be approved.

[Amended 9-10-2012 by Ord. No. 2012-04]

E. Installation standards. Signal-receiving antennas installed in any zoning district within the Village shall comply with the following provisions:

(1) Setbacks.

(a) Any signal-receiving antenna and its mounting post shall be located a minimum of three feet from any property line. The purpose of setback regulations is to protect the aesthetics of the area and to preserve adequate access for emergency equipment and personnel.

(b) Subject to the provisions herein, signal-receiving antennas shall only be located in the rear yard of any lot. If reasonable reception of signals is not possible with a rear yard placement due to the physical characteristics of the lot and area, the signal-receiving antenna shall be placed in the side yard of the lot. In the event that reasonable reception of signals is not possible by locating the signal-receiving antenna on the rear or side yard of the property, such antenna may be placed in the street yard or on the roof of structures on the property. For corner lots, a side yard is only a yard that does not face a street.

(c) If side yard, street yard or roof mounting is requested, the Zoning Administrator shall determine where reasonable reception is possible, based on evidence provided by the person seeking to erect or construct the antenna.

(2) Mounting. Signal-receiving antennas attached to the wall or roof of any principal or accessory structure shall be permitted only if the structure is properly constructed to carry all imposed loading and complies with applicable state and local building code requirements. The Zoning Administrator may require engineering calculations.

(3) Diameter. The diameter of the signal-receiving antenna shall not exceed 12 feet in diameter, except for systems used to provide community antenna television services.

(4) Height.

(a) A ground-mounted signal-receiving antenna, including any platform or structure upon which said antenna is mounted or affixed, may not exceed 15 feet in height, as measured from the ground to the highest point of the dish.

(b) A roof-mounted antenna may not exceed eight feet in height above the surrounding roofline, as measured from the lowest point of the existing roofline.

(5) Wind pressure. All signal-receiving antennas shall be permanently mounted in accordance with the manufacturer's specifications for installation. All such installations shall meet a minimum wind load design velocity of 80 miles per hour.

(6) Electrical installations. Electrical installations in connection with signal-receiving antennas, including grounding of the system, shall be in accordance with the National Electrical Safety Code, Wisconsin State Electrical Code and the instructions of the manufacturer. In cases of conflict, the stricter requirements shall govern. All cable used to conduct current or signals from the signal-receiving antenna to the receivers shall be installed underground unless site conditions preclude underground installation. If a signal-receiving antenna is to be used by two or more residential property owners, all interconnecting electrical connections, cables and conduits must also be buried. The location of all such underground lines, cables and conduits shall be shown on the application for a permit. All signal-receiving antennas shall be grounded against direct lightning strikes.

[Amended 9-10-2012 by Ord. No. 2012-04]

(7) Temporary placement. No portable or trailer-mounted signal-receiving antenna shall be allowed, except for temporary installation for on-site testing and demonstration purposes for periods not exceeding five days. However, such trial placement shall be in accordance with all provisions of this section. Failure to comply shall result in a citation being issued for violation of this section. Any person making such temporary placement shall first give written notice to the Zoning Administrator of the date when such placement shall begin and end. There shall be no permit fee for temporary placement.

(8) Advertising. No form of advertising or identification, sign or mural is allowed on the signal-receiving antenna other than the customary manufacturer's identification plates.

(9) Interference with broadcasting. Signal-receiving antennas shall be filtered and/or shielded so as to prevent the emission or reflection of any electromagnetic radiation that would cause any harmful interference with the radio and/or television broadcasting or reception on adjacent properties. In the event that harmful interference is caused subsequent to its installation, the owner of the signal-receiving antenna shall promptly take steps to eliminate the harmful interference in accordance with Federal Communications Commission regulations.

(10) Compliance with federal regulations. The installation and use of every signal-receiving antenna shall be in conformity with the Federal Cable Communications Policy Act of 1984 and regulations adopted thereunder.

(11) Aesthetic considerations. Signal-receiving antennas shall be located and designed to reasonably reduce visual impact from surrounding properties at street level.

F. Enforcement.

(1) It shall be unlawful to construct, use, build or locate any signal-receiving antenna in violation of any provisions of this section. In the event of any violation, the Village Board or any property owner who would be specifically damaged by such violation may institute appropriate action or proceedings to enjoin a violation of this section.

(2) Any person, firm or corporation who fails to comply with the provisions of this section shall, upon conviction, be subject to the general penalty found in § 1-4 of this Code.

§ 520-81.1 Mobile tower siting.

[Added 11-5-2013 by Ord. No. 2013-15]

A. Definitions. As used in this section, the following terms shall have the meanings indicated:

ANTENNA

Communications equipment that transmits and receives electromagnetic radio signals and is used in the provision of mobile services.

APPLICATION

An application for a permit under this section to engage in an activity specified in Subsection B or a Class 2 collocation.

BUILDING PERMIT

A permit issued by the Village that authorizes an applicant to conduct construction activity that is consistent with the Village building code.[1]

CLASS 1 COLLOCATION

The placement of a new mobile service facility on an existing support structure such that the owner of the facility does not need to construct a freestanding support structure for the facility but does need to engage in substantial modification.

CLASS 2 COLLOCATION

The placement of a new mobile service facility on an existing support structure such that the owner of the facility does not need to construct a freestanding support structure for the facility or engage in substantial modification.

COLLOCATION

Class 1 or Class 2 collocation or both.

DISTRIBUTED ANTENNA SYSTEM

A network of spatially separated antenna nodes that is connected to a common source via a transport medium and that provides mobile service within a geographic area or structure.

EQUIPMENT COMPOUND

An area surrounding or adjacent to the base of an existing support structure within which is located mobile service facilities.

EXISTING STRUCTURE

A support structure that exists at the time a request for permission to place mobile service facilities on a support structure is filed with the Village Clerk.

FALL ZONE

The area over which a mobile support structure is designed to collapse.

MOBILE SERVICE

Has the meaning given in 47 U.S.C. § 153(33).

MOBILE SERVICE FACILITY

The set of equipment and network components, including antennas, transmitters, receivers, base stations, power supplies, cabling, and associated equipment, that is necessary to provide mobile service to a discrete geographic area, but does not include the underlying support structure.

MOBILE SERVICE PROVIDER

A person who provides mobile service.

MOBILE SERVICE SUPPORT STRUCTURE

A freestanding structure that is designed to support a mobile service facility.

PERMIT

A permit, other than a building permit, or approval issued by the Village Board which authorizes any of the following activities by an applicant:

(1) A Class 1 collocation.

(2) A Class 2 collocation.

(3) The construction of a mobile service support structure.

PUBLIC UTILITY

Has the meaning given in § 196.01(5), Wis. Stats.

SEARCH RING

A shape drawn on a map to indicate the general area within which a mobile service support structure should be located to meet radio frequency engineering requirements, taking into account other factors including topography and the demographics of the service area.

SUBSTANTIAL MODIFICATION

The modification of a mobile service support structure, including the mounting of an antenna on such a structure, that does any of the following:

(1) For structures with an overall height of 200 feet or less, increases the overall height of the structure by more than 20 feet.

(2) For structures with an overall height of more than 200 feet, increases the overall height of the structure by 10% or more.

(3) Measured at the level of the appurtenance added to the structure as a result of the modification, increases the width of the support structure by 20 feet or more, unless a larger area is necessary for collocation.

(4) Increases the square footage of an existing equipment compound to a total area of more than 2,500 square feet.

SUPPORT STRUCTURE

An existing or new structure that supports or can support a mobile service facility, including a mobile service support structure, utility pole, water tower, building, or other structure.

UTILITY POLE

A structure owned or operated by an alternative telecommunications utility, as defined in § 196.01(1d), Wis. Stats.; public utility, as defined in § 196.01(5), Wis. Stats.; telecommunications utility, as defined in § 196.01(10), Wis. Stats.; political subdivision; or cooperative association organized under Ch. 185, Wis. Stats.; and that is designed specifically for and used to carry lines, cables, or wires for telecommunications service, as defined in § 182.017(1g)(cq), Wis. Stats.; for video service, as defined in § 66.0420(2)(y), Wis. Stats.; for electricity; or to provide light.

[1] Editor's Note: See Ch. 226, Building Construction.

B. New construction or substantial modification of facilities and support structures.

(1) Subject to the provisions and limitations of this section, the Village regulates the following activities:

(a) The siting and construction of a new mobile service support structure and facilities.

(b) With regard to a Class 1 collocation, the substantial modification of an existing support structure and mobile service facilities.

(2) The Village hereby prescribes the following application process which a person must complete to engage in the siting, construction, or modification activities described in Subsection B(1). The application shall be in writing and shall contain all of the following information:

(a) The name and business address of, and the contact individual for, the applicant.

(b) The location of the proposed or affected support structure.

(c) The location of the proposed mobile service facility.

(d) If the application is to substantially modify an existing support structure, a construction plan which describes the proposed modifications to the support structure and the equipment and network components, including antennas, transmitters, receivers, base stations, power supplies, cabling, and related equipment associated with the proposed modifications.

(e) If the application is to construct a new mobile service support structure, a construction plan which describes the proposed mobile service support structure and the equipment and network components, including antennas, transmitters, receivers, base stations, power supplies, cabling, and related equipment to be placed on or around the new mobile service support structure.

(f) If an application is to construct a new mobile service support structure, an explanation as to why the applicant chose the proposed location and why the applicant did not choose collocation, including a sworn statement from an individual who has responsibility over the placement of the mobile service support structure attesting that collocation within the applicant's search ring would not result in the same mobile service functionality, coverage, and capacity; is technically infeasible; or is economically burdensome to the mobile service provider.

(3) If an applicant submits an application with the Village Clerk for a permit to engage in an activity described under Subsection B(1), which contains all of the information required under Subsection B(2), the Village Clerk shall consider the application complete. If the Village Clerk does not believe that the application is complete, the Village Clerk shall notify the applicant in writing, within 10 days of receiving the application, that the application is not complete. The written notification shall specify in detail the required information that was incomplete. An applicant may resubmit an application as often as necessary until it is complete.

(4) Within 90 days of its receipt of a complete application, the Village Board shall complete all of the following or the applicant may consider the application approved, except that the applicant and the Village may agree in writing to an extension of the ninety-day period:

(a) Review the application to determine whether it complies with all applicable aspects of the Village's building code and, subject to the limitations in this section, zoning ordinances.

(b) Make a final decision whether to approve or disapprove the application.

(c) Notify the applicant, in writing, of its final decision.

(d) If the decision is to disapprove the application, include with the written notification substantial evidence which supports the decision.

(5) The Village may disapprove an application if an applicant refuses to evaluate the feasibility of collocation within the applicant's search ring and provide the sworn statement described under Subsection B(2)(f).

(6) A party who is aggrieved by the final decision of the Village under Subsection B(4)(b) may bring an action in the circuit court of the county in which the proposed activity, which is the subject of the application, is to be located.

(7) If an applicant provides the Village with an engineering certification showing that a mobile service support structure, or an existing structure, is designed to collapse within a smaller area than the setback or fall zone area required in a zoning ordinance, that zoning ordinance does not apply to such a structure unless the Village provides the applicant with substantial evidence that the engineering certification is flawed.

(8) The Village Board may refer the application to the Village Plan Commission for review and recommendation. The Village Board may also retain the services of a third-party radio frequency engineer to review and make recommendations regarding the application.

C. Collocation on existing support structures.

(1) A Class 2 collocation is subject to the same requirements for the issuance of a building permit to which any other type of commercial development or land use development is subject.

(2) If an applicant submits to the Village Board an application for a permit to engage in a Class 2 collocation, the application shall contain all of the information required under Subsection B(2)(a) to (c), in which case the Village shall consider the application complete. If any of the required information is not in the application, the Village shall notify the applicant in writing, within five days of receiving the application, that the application is not complete. The written notification shall specify in detail the required information that was incomplete. An applicant may resubmit an application as often as necessary until it is complete.

(3) Within 45 days of its receipt of a complete application, the Village Board shall complete all of the following or the applicant may consider the application approved, except that the applicant and the Village may agree in writing to an extension of the forty-five-day period:

(a) Make a final decision whether to approve or disapprove the application.

(b) Notify the applicant, in writing, of its final decision.

(c) If the application is approved, issue the applicant the relevant permit.

(d) If the decision is to disapprove the application, include with the written notification substantial evidence which supports the decision.

(4) A party who is aggrieved by the final decision of the Village under Subsection C(3)(a) may bring an action in the circuit court of the county in which the proposed activity, which is the subject of the application, is to be located.

D. Limitations. With regard to an activity described in Subsection B(1) or a Class 2 collocation, the Village may not do any of the following:

(1) Impose environmental testing, sampling, or monitoring requirements, or other compliance measures for radio frequency emissions, on mobile service facilities or mobile radio service providers.

(2) Charge a mobile radio service provider a fee in excess of one of the following amounts:

(a) For a permit for a Class 2 collocation, the lesser of $500 or the amount charged by the Village for a building permit for any other type of commercial development or land use development.

(b) For a permit for an activity described in Subsection B(1), $3,000.

(3) Charge a mobile radio service provider any recurring fee for an activity described in Subsection B(1) or a Class 2 collocation.

(4) Permit third-party consultants to charge the applicant for any travel expenses incurred in the consultant's review of mobile service permits or applications.

(5) Disapprove an application to conduct an activity described under Subsection B(1) based solely on aesthetic concerns.

(6) Disapprove an application to conduct a Class 2 collocation on aesthetic concerns.

(7) Enact or enforce an ordinance related to radio frequency signal strength or the adequacy of mobile service quality.

(8) Impose a surety requirement, unless the requirement is competitively neutral, nondiscriminatory, and commensurate with the historical record for surety requirements for other facilities and structures in the Village which fall into disuse. There is a rebuttable presumption that a surety requirement of $20,000 or less complies with this subsection.

(9) Prohibit the placement of emergency power systems.

(10) Require that a mobile service support structure be placed on property owned by the Village.

(11) Disapprove an application based solely on the height of the mobile service support structure or on whether the structure requires lighting.

(12) Condition approval of such activities on the agreement of the structure or mobile service facility owner to provide space on or near the structure for the use of or by the political subdivision at less than the market rate, or to provide the political subdivision other services via the structure or facilities at less than the market rate.

(13) Limit the duration of any permit that is granted.

(14) Require an applicant to construct a distributed antenna system instead of either constructing a new mobile service support structure or engaging in collocation.

(15) Disapprove an application based on an assessment by the Village of the suitability of other locations for conducting the activity.

(16) Require that a mobile service support structure, existing structure, or mobile service facilities have or be connected to backup battery power.

(17) Impose a setback or fall zone requirement for a mobile service support structure that is different from a requirement that is imposed on other types of commercial structures.

(18) Consider an activity a substantial modification under Subsection (1) or (2) of the definition of "substantial modification" in § 520-81.1A. if a greater height is necessary to avoid interference with an existing antenna.

(19) Consider an activity a substantial modification under Subsection (3) of the definition of "substantial modification" in § 520-81.1A. if a greater protrusion is necessary to shelter the antenna from inclement weather or to connect the antenna to the existing structure by cable.

(20) Limit the height of a mobile service support structure to under 200 feet.

(21) Condition the approval of an application on, or otherwise require, the applicant's agreement to indemnify or insure the Village in connection with the Village's exercise of its authority to approve the application.

(22) Condition the approval of an application on, or otherwise require, the applicant's agreement to permit the Village to place at or collocate with the applicant's support structure any mobile service facilities provided or operated by, whether in whole or in part, the Village or an entity in which the Village has a governance, competitive, economic, financial or other interest.

§ 520-82 Wind energy systems.

[Amended 9-10-2012 by Ord. No. 2012-04]

A. Conditional use permit required.

(1) Approval required. No owner shall, within the Village, build, construct, use or place any type or kind of wind energy system without holding the appropriate conditional use permit for said system.

(2) Separate permit required for each system. A separate conditional use permit shall be required for each system. Said permit shall be applicable solely to the systems, structures, use and property described in the permit.

(3) Basis of approval. The Village Board shall base its determinations on general considerations as to the effect of such grant on the health, general welfare, safety and economic prosperity of the Village and, specifically, of the immediate neighborhood in which such use would be located, including such considerations as the effect on the established character and quality of the area, its physical attractiveness, the movement of traffic, the demand for related services, the possible hazardous, harmful, noxious, offensive or nuisance effect as a result of noise, dust, smoke or odor and such other factors as would be appropriate to carry out the intent of this chapter.

(4) Definitions. As used in this section, the following terms shall have the meanings indicated:

WIND ENERGY SYSTEMS

Windmills which are used to produce electrical or mechanical power.

B. Permit procedure.

(1) Application.

(a) The permit application for a wind energy system shall be made to the Zoning Administrator on forms provided by the Village. The application shall include the following information:

[1] The name and address of the applicant.

[2] The address of the property on which the system will be located.

[3] An accurate and complete written description of the use for which special grant is being requested, including pertinent statistics and operational characteristics.

[4] Plans and other drawings showing proposed development of the site and buildings, including landscape plans, location of parking and service areas, driveways, exterior lighting, type of building material, etc., if applicable.

[5] Any other information which the Zoning Administrator, Village Board or Building Inspector may deem to be necessary to the proper review of the application.

(b) Applications for the erection of a wind energy system shall be accompanied by a plat or survey for the property to be served showing the location of the generating facility and the means by which the facility will provide power to structures. If the system is intended to provide power to more than one premises, the plat or survey shall show all properties to be served and the means of connection to the wind energy system. A copy of all agreements with system users off the premises shall accompany the application. The application shall further indicate the level of noise to be generated by the system and provide assurances as to the safety features of the system. Energy easements shall accompany the application.

(c) The Zoning Administrator shall review the application and, if the application is complete and contains all required information, shall refer it to the Village Board.

(2) Hearing. Upon referral of the application, the Village Board shall schedule a public hearing thereon following the procedures for conditional use permits in Article V.

(3) Determination. Following public hearing and necessary study and investigation, the Village Board shall, as soon as practical, render its decision, and a copy shall be made a permanent part of the Board's minutes. Such decision shall include an accurate description of the conditional use permitted, of the property on which permitted and any and all conditions made applicable thereto or, if disapproved, shall indicate the reasons for disapproval. The Village Board may impose any conditions or exemptions necessary to minimize any burden on the persons affected by granting the conditional use permit.

(4) Termination. When a conditional use does not continue in conformity with the conditions of the original approval, or where a change in the character of the surrounding area or of the use itself causes it to be no longer compatible with surrounding areas, or for similar cause based upon consideration for the public welfare, the special grant may be terminated by action of the Village Board following a public hearing thereon.

(5) Changes. Subsequent change or addition to the approved plans or use shall first be submitted for approval to the Village Board, and if, in the opinion of the Board, such change or addition constitutes a substantial alteration, a public hearing before the Village Board shall be required, and notice thereof shall be given.

(6) Approval does not waive permit requirements. The approval of a permit under this article shall not be construed to waive the requirement to obtain electrical, building or plumbing permits prior to installation of any system.

C. Specific requirements regarding wind energy systems.

(1) Additional standards. Wind energy systems, commonly referred to as "windmills," which are used to produce electrical power, shall also satisfy the requirements of this subsection in addition to those found elsewhere in this article.

(2) Construction. Wind energy systems shall be constructed and anchored in such a manner to withstand wind pressure of not less than 40 pounds per square foot in area.

(3) Noise. The maximum level of noise permitted to be generated by a wind energy system shall be 50 decibels, as measured on a dB(A) scale, measured at the lot line.

(4) Electromagnetic interference. Wind energy system generators and alternators shall be filtered and/or shielded so as to prevent the emission of radio frequency energy that would cause any harmful interference with radio and/or television broadcasting or reception. In the event that harmful interference is caused subsequent to the granting of a conditional use permit, the operator of the wind energy system shall promptly take steps to eliminate the harmful interference in accordance with Federal Communications Commission regulations.

(5) Location and height. Wind energy systems shall be located in the rear yard only and shall meet all setback and yard requirements for the district in which they are located and, in addition, shall be located not closer to a property boundary than a distance equal to their height. Wind energy systems are exempt from the height requirements of this chapter; however, all such systems over 75 feet in height shall submit plans to the Federal Aviation Administration (FAA) to determine whether the system is to be considered an object affecting navigable air space and subject to FAA restrictions. A copy of any FAA restrictions imposed shall be included as a part of the wind energy system conditional use permit application.

(6) Fence required. All wind energy systems shall be surrounded by a security fence not less than six feet in height. A sign shall be posted on the fence warning of high voltages.

(7) Utility company notification. The appropriate electric power company shall be notified, in writing, of any proposed interface with that company's grid prior to installing said interface. Copies of comments by the appropriate utility company shall accompany and be part of the application for a conditional use permit.