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Price County, WI
 
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Table of Contents
Table of Contents
Code
New Laws (19) Index Notes (5)
[HISTORY: Adopted by the Board of Supervisors of Price County 2-18-2014 by Ord. No. 1-14. Amendments noted where applicable.]
A. 
The purpose of this chapter is to regulate by land use permit:[1]
(1) 
The siting and construction of any new mobile service support structure and facilities;
(2) 
With regard to a Class 1 co-location, the substantial modification of an existing support structure and mobile service facilities; and
(3) 
With regard to a Class 2 co-location, co-location on an existing support structure which does not require the substantial modification of an existing support structure and mobile service facilities.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
B. 
It is intended that Price County shall apply these regulations to accomplish the following:
(1) 
Maintain and ensure that a nondiscriminatory, competitive and broad range of telecommunications services and high-quality telecommunications infrastructure consistent with the Federal Telecommunications Act of 1996 are provided to serve the community, as well as serve as an important and effective part of Price County's police, fire and emergency response network.
(2) 
Provide a process for obtaining necessary permits for telecommunication facilities while at the same time protecting the interests of the Price County citizens.
This chapter does not apply to the following:
A. 
The use of all television antennas, satellite dishes and receive-only antennas, provided that the primary use of the property is not a telecommunications facility and that the antenna use is accessory to the primary use of the property.
B. 
Amateur radio. This chapter shall not govern the installation of any antenna and supporting towers, poles and masts that is owned and/or operated by a federally licensed amateur radio operator or is used exclusively for receive-only antennas.
C. 
Mobile services providing public information coverage of news events of a temporary or emergency nature.
The siting and construction of any mobile service support structure and facilities within three statute miles of the boundaries of the Price County Airport must also meet the requirements of Chapter 485, Airport Zones, of the County Code.
A. 
A land use permit is required for the siting and construction of any new mobile service support structure and facilities.
B. 
A written permit application must be completed by any applicant and submitted to the Department. The application must include the following information:
(1) 
The name and business address of, and the contact individual for, the applicant.
(2) 
The location of the proposed or affected support structure.
(3) 
The location of the proposed mobile service facility.
(4) 
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.
(5) 
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.
(6) 
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 co-location, including a sworn statement from an individual who has responsibility over the placement of the mobile service support structure attesting that co-location 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.
C. 
A permit application will be provided by the Department upon request to any applicant.
D. 
If an applicant submits to the Department an application for a permit to engage in an activity described in this chapter which contains all of the information required under this chapter, the Department shall consider the application complete. If the Department does not believe that the application is complete, the Department 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.
E. 
Within 90 days of its receipt of a complete application, the Department shall complete all of the following or the applicant may consider the application approved, except that the applicant and the Department may agree in writing to an extension of the ninety-day period:
(1) 
Review the application to determine whether it complies with all applicable aspects of the political subdivision's building code and, subject to the limitations in this section, zoning ordinances.
(2) 
Make a final decision whether to approve or disapprove the application.
(3) 
Notify the applicant, in writing, of its final decision.
(4) 
If the decision is to disapprove the application, include with the written notification substantial evidence which supports the decision.
F. 
The Department may disapprove an application if an applicant refuses to evaluate the feasibility of co-location within the applicant's search ring and provide the sworn statement described under Subsection B(6).
G. 
If an applicant provides the Department 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 Department provides the applicant with substantial evidence that the engineering certification is flawed.
A. 
A land use permit is required for Class 1 co-location.
B. 
A written permit application must be completed by any applicant and submitted to the Department. The application must include the following information:
(1) 
The name and business address of, and the contact individual for, the applicant.
(2) 
The location of the proposed or affected support structure.
(3) 
The location of the proposed mobile service facility.
(4) 
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.
(5) 
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.
(6) 
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 co-location, including a sworn statement from an individual who has responsibility over the placement of the mobile service support structure attesting that co-location 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.
C. 
A permit application will be provided by the Department upon request to any applicant.
D. 
If an applicant submits to the Department an application for a permit to engage in an activity described in this chapter which contains all of the information required under this chapter, the Department shall consider the application complete. If the Department does not believe that the application is complete, the Department 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.
E. 
Within 90 days of its receipt of a complete application, the Department shall complete all of the following or the applicant may consider the application approved, except that the applicant and the Department may agree in writing to an extension of the ninety-day period:
(1) 
Review the application to determine whether it complies with all applicable aspects of the political subdivision's building code and, subject to the limitations in this section, zoning ordinances.
(2) 
Make a final decision whether to approve or disapprove the application.
(3) 
Notify the applicant, in writing, of its final decision.
(4) 
If the decision is to disapprove the application, include with the written notification substantial evidence which supports the decision.
F. 
The Department may disapprove an application if an applicant refuses to evaluate the feasibility of co-location within the applicant's search ring and provide the sworn statement described under Subsection B(6).
G. 
If an applicant provides the Department 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 Department provides the applicant with substantial evidence that the engineering certification is flawed.
A. 
A land use permit is required for a Class 2 co-location.
B. 
A written permit application must be completed by any applicant and submitted to the Department. The application must include the following information:
(1) 
The name and business address of, and the contact individual for, the applicant.
(2) 
The location of the proposed or affected support structure.
(3) 
The location of the proposed mobile service facility.
C. 
A permit application will be provided by the Department upon request to any applicant.
D. 
A Class 2 co-location 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.
E. 
If an applicant submits to the Department an application for a permit to engage in an activity described in this chapter which contains all of the information required under this chapter, the Department shall consider the application complete. If the Department does not believe that the application is complete, the Department 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.
F. 
Within 45 days of its receipt of a complete application, the Department shall complete all of the following or the applicant may consider the application approved, except that the applicant and the Department may agree in writing to an extension of the forty-five-day period:
(1) 
Make a final decision whether to approve or disapprove the application.
(2) 
Notify the applicant, in writing, of its final decision.
(3) 
If the application is approved, issue the applicant the relevant permit.
(4) 
If the decision is to disapprove the application, include with the written notification substantial evidence which supports the decision.
Permits granted under this chapter go with the land and are transferable. All chapter and permit requirements shall apply to subsequent owners. The Department shall be notified of any change in ownership, including but not limited to facility leases, mortgages, liens or other instruments which may affect title to the property.
All limitations contained in § 66.0404(4), Wis. Stats., shall apply.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
Article XVI, Administration, of Chapter 530, Zoning, of the County Code shall apply.
A. 
The fee for filing a land use permit for siting and construction of any new mobile service support structure and facilities, a Class 1 co-location, or a Class 2 co-location shall be established by the Price County Board of Supervisors.
B. 
No application shall be considered filed with the County unless and until said application is accompanied by the appropriate application fees.
A. 
All definitions contained in § 66.0404(1), Wis. Stats., are hereby incorporated by reference.
B. 
All definitions contained in Article XXI of Chapter 530, Zoning, of the County Code shall apply unless specifically defined in this chapter.
C. 
For the purposes of this chapter, "Department" refers to the Price County Zoning Department.