[Added 5-15-2017 by Ord.
No. 2017-08]
The Village Board makes the following legislative findings with
regard to telecommunication towers providing mobile telecommunication
services:
A.
The State Legislature passed 2013 Wisconsin Act 20 [Section 1269(I)]
that imposed limits on local municipalities with respect to regulating
telecommunication facilities within their jurisdictions.
B.
The federal government adopted the Telecommunications Act of 1996
which established various requirements relating to telecommunication
facilities.
C.
The regulations in this article are intended to promote the public
health, safety, and welfare, while at the same time not unduly restricting
the development of needed telecommunication facilities.
D.
The regulations in this article are intended to accomplish the following
purposes, to the fullest extent permitted by law:
(1)
Protect the visual character of the Village from the potential
adverse effects of telecommunication facilities;
(2)
Ensure that a competitive and broad range of telecommunications
services and high-quality telecommunications infrastructure is provided;
(3)
Create and preserve telecommunication facilities that will serve
as an important and effective part of the Village's emergency response
network;
(4)
Minimize the number of towers by requiring co-location; and
(5)
Avoid damage to adjoining properties by establishing setback
standards.
A.
The general steps outlined below shall be used to review an application for a new telecommunication tower and a Class 1 co-location as designated in the Table of Land Uses referenced in § 510-38.
(1)
Submittal of application materials. The applicant submits a
completed application to the Zoning Administrator along with the application
fee as may be established by the Village Board.
(2)
Determination of completeness. The Zoning Administrator reviews
the application and determines whether the application is complete.
If the application includes all of the required information, the application
shall be found to be complete. The Zoning Administrator notifies the
applicant, in writing, within 10 days of receiving the application
if it is found not to be complete, and such notice shall specify in
detail the required information that was incomplete. Applicants are
allowed to resubmit their application as often as necessary until
it is complete.
(3)
Review date. When the Zoning Administrator determines the application
is complete, he or she schedules the review with the Plan Commission
consistent with its adopted calendar.
(4)
General notice. The Zoning Administrator provides for a Class
2 public notice, property owner notice, and meeting agenda notice.
(5)
Staff report preparation and distribution. The Zoning Administrator
prepares a written staff report and provides a copy of it to each
member of the Plan Commission and Village Board, the applicant, and
any other interested person upon request.
(6)
Public hearing. Allowing for proper notice, the Plan Commission
conducts a public hearing to review the application. Prior to the
close of the public hearing, the applicant or the Plan Commission
may request a continuance.
(7)
Staff follow-up. If the Plan Commission does not render a decision
immediately following the public hearing, the Plan Commission may
direct the Zoning Administrator to prepare a preliminary decision
document.
(8)
Recommendation. After considering all of the information submitted
by the applicant, public comments received at the public hearing,
and the staff report, the Plan Commission, no more than 40 calendar
days after the public hearing, makes a recommendation to the Village
Board to:
(9)
Transmittal of recommendation. If the Plan Commission action
is favorable, the Zoning Administrator prepares a draft decision document
effectuating its determination. If the Plan Commission action is not
favorable, the Plan Commission reports its determination to the Village
Board, including its reasons for denial.
(10)
General notice. The Zoning Administrator places the matter on
the meeting agenda of the Village Board.
(11)
Village Board meeting. Allowing for proper notice, the Village
Board considers the application at a regular or special meeting.
(12)
Decision. After considering all of the information submitted
by the applicant, public comments received at the public hearing,
the staff report, and the Plan Commission's recommendation, the Village
Board makes a decision to:
(13)
Preparation of final decision document. Based on the action
of the Village Board, the Zoning Administrator prepares a final decision
document.
(14)
Applicant notification. Within a reasonable time following the
Village Board's decision, the Zoning Administrator mails the decision
document to the applicant by regular mail. Final action, including
written notification, must be taken within 90 days of the date the
application is deemed complete, unless the time is extended by the
applicant in writing.
(15)
Acceptance by property owner. If the application is approved,
the property owner must sign the decision document to acknowledge
the terms of the approval and return the same to the Zoning Administrator
within six months of the decision. Prior to the expiration of the
previously specified time period, the property owner may submit a
petition to the Village Clerk requesting an extension, and the Village
Board may, with cause, extend the period within which the decision
document must be signed. If the signed decision document is not returned
within the initial or extended time period, if any, the decision is
null and void without any further action by the Village. The applicant
shall not proceed until all required signatures have been obtained
and the original signature copy is returned to the Zoning Administrator.
(16)
Public record copy. A duplicate copy of the decision document
is retained as a public record.
(17)
Recording of decision document. If the property owner returns
the decision document within the required time period with the required
signatures, the Zoning Administrator records the decision document
against the subject property in the Waukesha County Register of Deeds'
office.
B.
In the event an applicant believes the Village has exceeded its authority
as set forth in § 66.0404, Wis. Stats., and other such laws
as may apply, which may include 47 U.S.C.A. § 1455, the
applicant shall notify the Zoning Administrator, in writing, and the
reviewing authority reserves the right to reconsider the matter, to
ensure that applicable laws are followed.
A.
The general steps outlined below shall be used to review an application for a Class 2 co-location, which is allowed in all zoning districts. (See the Table of Land Uses referenced in § 510-38.)
(1)
Submittal of application materials. The applicant submits a
completed application to the Zoning Administrator along with the application
fee as may be established by the Village Board.
(2)
Determination of completeness. The Zoning Administrator reviews
the application and determines whether the application is complete.
If the application includes all of the required information, the application
shall be found to be complete. The Zoning Administrator must notify
the applicant, in writing, within five days of receiving the application
if it is found not to be complete, and such notice shall specify in
detail the required information that was incomplete. Applicants are
allowed to resubmit their application as often as necessary until
it is complete.
(3)
Decision. The Zoning Administrator makes a decision on the application
and notifies the applicant within 45 days of the date the application
is deemed complete, unless the time is extended by the applicant.
The decision shall be stated in writing. If approval is not granted,
the reasons therefor must be stated.
(4)
Public record copy. A duplicate copy of the decision document
is retained as a public record.
B.
In the event an applicant believes the Village has exceeded its authority
as set forth in § 66.0404, Wis. Stats., and other such laws
as may apply, which may include 47 U.S.C.A. § 1455, the
applicant shall notify the Zoning Administrator, in writing, and the
reviewing authority reserves the right to reconsider the matter, to
ensure that applicable laws are followed.
A.
New telecommunication tower and Class 1 co-location. An application
form for a new telecommunication tower or a Class 1 co-location shall
include all of the following information as appropriate:
(1)
The name and business address of, and the contact individual
for, the applicant.
(2)
The location of the proposed tower or affected tower.
(3)
The location of the proposed mobile service facility.
(4)
If an application is to substantially modify an existing telecommunication
tower, a construction plan which describes the proposed modifications
to the tower, and equipment and network components, including antennas,
transmitters, receivers, base stations, power supplies, cabling, and
related equipment associated with the proposed modifications.
(5)
If an application is to construct a new telecommunication tower,
a construction plan which describes the proposed tower and equipment
and network components, including antennas, transmitters, receivers,
base stations, power supplies, cabling, and related equipment to be
placed on or around the new tower.
(6)
If an application is to construct a new telecommunication tower,
an explanation as to why the applicant chose the proposed location,
and why the applicant did not choose co-location, including a sworn
statement from the responsible party attesting that co-location within
the applicant's service area would not result in the same mobile service
functionality, coverage, and capacity; is technically infeasible;
or is economically burdensome.
B.
Class 2 co-location. An application form for a Class 2 co-location
shall include the following information:
A.
Generally. The reviewing authority may impose one or more conditions of approval as may be necessary to grant approval. Such conditions may relate to any aspect of the use that impacts the public health, safety, or general welfare, subject to Subsection B below.
B.
Limitations. The reviewing authority may not impose conditions prohibited
by § 66.0404(4), Wis. Stats.
If the Zoning Administrator determines that substantial work
as authorized by the approval did not commence within 12 months of
the date of approval or if substantial work did commence within 12
months of the date of approval but has not continued in good faith
to completion, he or she shall initiate the process to terminate the
approval, which must include a public hearing with written notice
given to the property owner, and operator if different. Upon written
petition and with cause, the Zoning Administrator may grant a one-time
extension not to exceed six months, provided:
A.
The permit holder requests the extension prior to the expiration
of the approval;
B.
The permit holder clearly demonstrates that circumstances beyond
his or her control prevented the start of construction and the continuation
of the same; and
C.
The project complies with this chapter in effect at the time the
extension is granted.
Following approval, the Plan Commission shall review all proposed
changes to the approval. If, in the opinion of the Plan Commission,
the proposed change constitutes a minor alteration, the Plan Commission
may approve the requested change, in writing, at a regular or special
meeting of the Plan Commission without following the review procedure
in this article. If the proposed change constitutes a major alteration,
the review procedure in effect at the time of submittal shall be followed.
