A.
New telecommunication tower and Class 1 collocation.
(1)
The general steps outlined below shall be used to review an
application for a new telecommunication tower and a Class 1 collocation
as designated in the land use matrix (Appendix A[1]).
(a)
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.
(b)
Determination of completeness. The Zoning Administrator reviews
the application and determines whether the application is complete.
A determination of completeness shall be made within 30 days of the
submittal. 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. A determination that an application is complete means
the application is ready for formal review and does not suggest the
applicant has provided sufficient information in all regards or preclude
the reviewing authority from requesting additional information it
deems appropriate.
(c)
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.
(d)
General notice. Consistent with Division 2 of Article 4, the
Zoning Administrator provides for i) a Class 2 public notice, ii)
property owner notice, and iii) meeting agenda notice.
(e)
Staff report preparation and distribution. The Zoning Administrator
may prepare a written staff report and provide a copy of it to each
member of the Plan Commission, the applicant, and any other interested
person upon request.
(f)
Public hearing. Allowing for proper notice, the Plan Commission
conducts a public hearing to review the application consistent with
Division 3 of Article 4. Prior to the close of the public hearing,
the applicant or the Plan Commission may request a continuance consistent
with Division 3 of Article 4.
(g)
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.
(h)
Decision. After considering all of the information submitted
by the applicant, public comments received at the public hearing,
and the staff report, if any, the Plan Commission makes a decision
to i) approve the application, ii) approve the application with conditions,
or iii) deny the application.
(i)
Preparation of final decision document. Based on the action
of the Plan Commission, the Zoning Administrator prepares a final
decision document, subject to the direction given by the Plan Commission.
(j)
Applicant notification. Within a reasonable time following the
Plan Commission's decision, but not more than 10 workdays, the
Zoning Administrator sends the decision document to the applicant
by regular mail and/or email.
(k)
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 Zoning Administrator requesting an extension and the
Plan Commission 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 decision document shall only become effective when all required
signatures have been obtained and the original signature copy is returned
to the Zoning Administrator.
(l)
Public record copy. A copy of the decision document is retained
as a public record.
(m)
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 Washington County Register of
Deeds office.
(2)
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.
B.
Class 2 collocation.
(1)
The general steps outlined below shall be used to review an
application for a Class 2 collocation which is allowed in all zoning
districts.
(a)
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.
(b)
Determination of completeness. The Zoning Administrator reviews
the application and determines whether the application is complete.
A determination of completeness shall be made within 30 days of the
submittal. 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. A determination that an application is complete
means the application is ready for formal review and does not suggest
the applicant has provided sufficient information in all regards or
preclude the reviewing authority from requesting additional information
it deems appropriate.
(c)
Decision. The Zoning Administrator makes a decision on the application
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.
(d)
Public record copy. A copy of the decision document is retained
as a public record.
(2)
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 collocation. An application
form for a new telecommunication tower or a Class 1 collocation must
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 collocation, including a sworn
statement from the responsible party attesting that collocation 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 collocation. An application form for a Class 2 collocation
must 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 any of the following
as a condition of approval:
(1)
A requirement relating to environmental testing, sampling, or
monitoring.
(2)
A requirement relating to radio frequency emissions.
(3)
A requirement to pay a reoccurring fee.
(4)
A requirement that the structure or mobile service facility
owner must provide space on or near the structure for the use of or
by the Village at less than the market rate, or to provide the Village
other services via the structure or facilities at less than the market
rate.
(5)
Limit the duration of the approval.
(6)
A requirement that the applicant must indemnify or insure the
Village in connection with the political subdivision's exercise
of its authority to approve the application.
(7)
A requirement that the applicant must give the Village the right
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.
A.
Nonestablishment of use. 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 pursuant to Division 13 of this article. Upon
petition and with cause, the Zoning Administrator may grant a one-time
extension, not to exceed six months, provided that:
(1)
The permit holder requests the extension prior to the expiration
of the approval;
(2)
The permit holder clearly demonstrates that circumstances beyond
his or her control prevented the start of construction and the continuation
of the same; and
(3)
The project complies with this chapter in effect at the time
the extension is granted.
B.
Cessation of use. If the Zoning Administrator determines that a conditional
use has ceased to operate for any reason, whether intentional or otherwise,
for more than 12 continuous months, he or she shall initiate the process
to terminate the approval pursuant to Division 13 of this article.
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 division. If the proposed change constitutes a major alteration,
the review procedure in effect at the time of submittal shall be followed.
A.
Professional service reimbursement. Costs incurred by the Village in obtaining legal, planning, engineering, and other technical and professional advice in connection with an application shall be charged to the applicant as set forth in § 170.209.
B.
Limitation on fees. The total of all fees, excluding professional
service reimbursement, associated with the review of an application
shall not exceed the limits established by § 66.0404(4)(d),
Wis. Stats.
