A.
Purpose. This section regulating the placement of signal receiving
antennas (including satellite dishes) 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 City of Prescott, build,
construct, use or place any type of signal-receiving antenna until
a permit shall have first been obtained from the Zoning Administrator.
C.
OWNER
SIGNAL-RECEIVING ANTENNA
Definitions. For purposes of this section, the following terms shall
have the meanings indicated:
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.
Any apparatus capable of receiving communications from a
transmitter or a transmitter relay located in a planetary orbit. This
definition includes all types of signal receiving antennas, including,
without limitation, parabolic antennas, home earth stations, satellite
television disks, UHF and VHF television antennas, and AM, FM, ham
and shortwave radio antennas, regardless of the method of mounting.
Excluded are digital receiving dishes less than 20 inches in diameter.
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 prescribed in the City Fee schedule[1] 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.
[1]
Editor's Note: The fee schedule is on file in the City Clerk's
office.
E.
Installation standards. Signal-receiving antennas installed in any
zoning district within the City shall comply with the following provisions:
(1)
Setbacks.
(a)
Any signal-receiving antenna and its mounting post shall be
located a minimum of 10 feet from any property line.
(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 front 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, front 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 15 feet in diameter for commercial uses or 10 feet in diameter
for residential uses, 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 30 feet in height, as measured from the ground to the highest
point of the dish, provided that the antenna is engineered to specs
and there is area equal to the height of the antenna for a collapse
zone. Building permit is required.
(b)
A roof-mounted antenna may not exceed 15 feet in height above
the surrounding roof line as measured from the lowest point of the
existing roof line.
(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 installation
site conditions preclude underground. 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.
(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.
(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 Common Council 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.
A.
Construction of wind energy systems. No person shall construct or
operate a wind energy conversion system (WECS) without having fully
complied with the provisions of this section.
C.
Application requirements. An application for a permit to build a
wind energy system shall include the following:
(1)
The property lines of the proposed site of construction.
(2)
Proposed location of the WECS.
(3)
Location and description of all structures located on the property
where the WECS site is proposed.
(4)
Location of all aboveground utility lines within a radius equal to
two times the height of the proposed WECS.
(5)
Location of all underground utility lines on the property where a
WECS site is proposed.
(6)
Dimensional representation of the structural components of the tower
construction including the base and footings.
(7)
Schematic of electrical systems associated with the WECS including
all existing and proposed electrical connections.
(8)
Manufacturer's specifications and installation and operation instructions
or specific WECS design information.
(9)
Certification by a registered professional engineer that the tower
design is sufficient to withstand wind load requirements for structure
as defined by the Uniform Building Code.
D.
Blade clearance. The minimum distance between the ground and any
protruding blade(s) utilized on a WECS shall be 15 feet, as measured
at the lowest point of the arc of the blades. The minimum distance
shall be increased as necessary to provide for vehicle clearance in
locations where oversized vehicles might travel.
E.
Climbing towers, tower access. Access to towers shall be controlled
by fences six feet in height around the tower and anti-climbing devices.
Existing local regulations regarding attractive nuisances shall cover
wind systems as well. A sign indicating shock hazard shall be placed
on the tower. Such sign shall state: "Warning. Electrical shock hazard.
No unauthorized persons on tower. No trespassing." Cables, ropes or
wires used to secure the WECS shall be appropriately marked to prevent
accidental bodily harm.
F.
Tower construction. Tower construction shall be in accordance with
all applicable sections of the Wisconsin State Building Code and any
future amendments, additions and/or revisions to the same.
G.
Utility interconnection. The WECS, if interconnected to a utility
system, shall meet the requirements for interconnection and operate
as set forth in the electrical utility's then-current service regulations
applicable to WECS; these standards are subject to review by the Public
Service Commission.
H.
Setback requirements.
I.
Noise. During all operations, from commencement through abandonment,
all noise and vibrations shall conform with the requirements of the
City of Prescott Code of Ordinances.
J.
Interference with navigational systems. No WECS shall be installed
or operated in such a manner that is not in compliance with Federal
Aviation Administration regulations.
K.
Electrical distribution lines. All WECS electrical distribution lines
shall be located underground.
L.
Required safety features.
(1)
All WECS shall be designed with an automatic overspeed control to
render the system inoperable when winds are blowing in excess of the
speeds for which the machine is designed.
(2)
All WECS shall have a manually operable method to render the system
inoperable in the event of a structural or mechanical failure of any
part of the system including the automatic overspeed control.
(3)
All WECS shall be designed with an automatic control to render the
system inoperable in case of loss of utility power to prevent the
WECS from supplying power to a de-energized electrical distribution
system.
(4)
Any WECS declared to be unsafe by the Zoning Administrator by reason
of inadequate maintenance, dilapidation, obsolescence, fire hazard,
disaster, damage or abandonment is hereby declared to be a public
nuisance and shall be abated by repair, rehabilitation, demolition,
or removal in accordance with the procedures set forth in the City
of Prescott Code of Ordinances.
M.
Maintenance. The Zoning Administrator or his representative shall
have the right, at any reasonable time, to enter, in the company of
the owner or his agent, the premises on which a WECS has been constructed
to inspect all parts of said WECS installation and require that repairs
or alterations be made within 30 days if, in his judgment, there exists
a deficiency in the structural stability of the system.
N.
Inspections. A yearly inspection at a fee to be determined from time
to time by resolution of the Common Council shall be made by the Zoning
Administrator to certify the safety and maintenance of the WECS and
accessory structures.
Solar energy is an abundant, renewable, and nonpolluting energy
resource, and its conversion to electricity or heat reduces dependence
on nonrenewable energy resources and decreases the air and water pollution
that results from the use of conventional energy sources. The City
of Prescott encourages the development of commercial or utility-scale
solar energy systems where such systems present few land use conflicts
with current and future development patterns.
B.
AGRIVOLTAICS
BUILDING-INTEGRATED SOLAR ENERGY SYSTEMS
COMMUNITY SOLAR ENERGY SYSTEM
GRID INTERTIE SOLAR ENERGY SYSTEM
GROUND MOUNT
LARGE-SCALE SOLAR
OFF-GRID SOLAR ENERGY SYSTEM
PHOTOVOLTAIC SYSTEM
ROOF MOUNT
SOLAR CARPORT
SOLAR COLLECTOR
SOLAR ENERGY
SOLAR ENERGY SYSTEM
SOLAR HOT WATER SYSTEM
SOLAR MOUNTING DEVICES
Definitions. For purposes of this section, the following terms are
used:
A solar energy system co-located on the same parcel of land
as agricultural production, including crop production, grazing, apiaries,
or other agricultural products or services.
A solar energy system that is an integral part of a principal
or accessory building, rather than a separate mechanical device, replacing
or substituting for an architectural or structural component of the
building. Building-integrated systems include but are not limited
to photovoltaic or hot water solar energy systems that are contained
within roofing materials, windows, skylights, and awnings.
A commercial solar energy system that converts sunlight into
electricity for the primary purpose of serving electric demands off-site
from the facility, either retail (or a financial proxy for retail
power) or wholesale, covering up to 10 acres.
A photovoltaic solar energy system that is connected to an
electric circuit served by an electric utility company.
A solar energy system mounted on a rack or pole that rests
or is attached to the ground. Ground-mount systems can be either accessory
or principal uses.
A commercial solar energy system covering more than 10 acres
and/or is the principal land use for the parcel(s) on which it is
located for the primary purpose is sales of generated electricity.
A photovoltaic solar energy system in which the circuits
energized by the solar energy system are not electrically connected
in any way to electric circuits that are served by an electric utility
company.
A solar energy system that converts solar energy directly
into electricity.
A solar energy system mounted on a rack that is fastened
to or ballasted on a structure roof. Roof-mount systems are accessory
to the principal use.
A solar energy system of any size that is installed on a
carport structure that is accessory to a parking area, and which may
include electric vehicle supply equipment or energy storage facilities.
A device, structure or a part of a device or structure for
which the primary purpose is to transform solar radiant energy into
thermal, mechanical, chemical, or electrical energy. The collector
does not include frames, supports, or mounting hardware.
Radiant energy received from the sun that can be collected
in the form of heat or light by a solar collector.
A device, array of devices, or structural design feature,
the purpose of which is to provide for generation or storage of electricity
from sunlight, or the collection, storage and distribution of solar
energy for space heating or cooling, daylight for interior lighting,
or water heating.
A system that includes a solar collector and a heat exchanger
that heats or preheats water for building heating systems or other
hot water needs, including residential domestic hot water and hot
water for commercial processes.
Racking, frames, or other devices that allow the mounting
of a solar collector onto a roof surface or the ground.
C.
General standards.
(1)
Except for roof-mount solar energy systems, a land use permit is
required for all solar energy systems and a site plan shall be submitted
with the permit application.
(a)
All systems shall be compliant with the State of Wisconsin Uniform
Building Code and all necessary building permits shall be acquired.
(2)
All solar systems must comply with setback and height standards for
the district in which the system is located and the following:
(a)
Setback distance shall be measured from the edge of the solar
energy system array.
(b)
Ground- or pole-mounted solar energy systems shall not exceed
15 feet in height when oriented at maximum tilt.
(c)
Ground-mount systems total collector area shall not exceed half
the building footprint of the principal structure or 360 square feet,
whichever is greater, and shall not occupy more than 30% of the rear
yard.
(d)
Ground- and pole-mounted systems shall not count toward accessory
structure limitations.
(e)
Solar carports shall not exceed 20 feet in height.
(3)
All systems shall be in compliance with all applicable local, state
and federal regulatory codes, including the State of Wisconsin Uniform
Building Code, as amended; and the National Electric Code, as amended.
(4)
Electric solar energy system components must have a UL or equivalent
listing and solar hot water systems must have an SRCC rating.
(5)
All systems shall meet approval of local building code officials,
consistent with the State of Wisconsin Building Code or the Building
Code adopted by the local jurisdiction, and solar thermal systems
shall comply with HVAC related requirements of the Energy Code.
(6)
Photovoltaic systems shall comply with the Wisconsin State Electric
Code.
(7)
Solar thermal systems shall comply with applicable Wisconsin State
Plumbing Code requirements.
(8)
Grid intertie solar energy systems shall comply with the interconnection
requirements of the electric utility. Off-grid solar energy systems
are exempt from this requirement.
D.
Community and large-scale systems.
(1)
A detailed site plan is required showing existing and proposed conditions,
zoning districts, locations of all solar arrays, fencing, other structures,
property lines, rights-of-way, service roads, floodplains, wetlands
and other protected natural resources, topography, electric equipment,
and any other characteristics requested by the City of Prescott.
(a)
Perimeter fencing shall not include barbed wire or woven-wire
designs and shall preferably use wildlife-friendly fencing that includes
clearance at the bottom. Alternative fencing can be used if the site
is incorporating agrivoltaics.
(b)
A detailed context map is required showing parcels, landowner
name and address, existing land use, and zoning classification of
all properties within 500 feet of the exterior boundary of the proposed
system.
(c)
A map showing the extent of clearing and grubbing of existing
vegetation is required.
(c.1)
Large-scale removal of mature trees on the site is
discouraged. The City of Prescott may set additional restrictions
on tree clearing or require mitigation for cleared trees.
(2)
A screening plan, prepared by a qualified professional, is required and shall meet the requirements Article XIII, Landscaping.
(3)
A vegetative management plan, prepared by a qualified professional,
is required and shall include:
(a)
Provisions for habitat for pollinators such as bees, monarch
butterflies, upland nesting birds and other wildlife, or establishing
vegetation for livestock grazing.
(b)
Provisions for reducing on-site soil erosion and improving or
protecting surface or groundwater quality.
(b.1)
All systems are subject to the City of Prescott's
stormwater management and erosion and sediment control provisions
and Department of Natural Resources permit requirements.
(c)
The methods and schedules for how the vegetation will be managed
on an annual basis, with particular attention given to the establishment
period of approximately three years.
(c.1)
Vegetative cover should include a mix of native perennial
grasses and wildflowers that will bloom throughout the growing season.
(c.2)
Plant material must not have been treated with systemic
insecticides, particularly neonicontinoids
(4)
A qualified engineer shall certify that the foundation and design
of the solar panel racking, and support is within accepted professional
standards, given local soil and climate conditions.
(5)
Power and communication lines running between banks of solar panels
and to nearby electric substations or interconnections with buildings
shall be buried underground.
(6)
A decommissioning plan is required to ensure the facilities are properly
removed after their useful life.
(a)
Decommissioning of the system shall occur in the event the project
is not in use for 12 consecutive months.
(b)
The plan shall include provisions for removal of all structures
and foundations, restoration of soil and vegetation and assurances
that financial resources will be available to fully decommission the
site.
(c)
Disposal of structures and/or foundations shall meet the provisions of Chapter 492, Solid Waste.
(d)
The City of Prescott may require the posting of a bond, letter
of credit or the establishment of an escrow account to ensure proper
decommissioning.
(7)
Address other impacts found to be inconsistent with the City's
Comprehensive Plan.
E.
Permitted uses. Solar energy systems are a permitted use in all zoning
districts where structures are allowed. Solar energy systems that
do not meet the following design standards will require a conditional
use permit:
(1)
Ground- and pole-mount systems where the system is designed and installed
to serve only those structures on the lot on which the system is located.
(2)
Solar energy systems must meet the setback for the zoning district
and primary land use associated with the lot on which the system is
located.
(3)
Rooftop systems.
(4)
Ground-mount community solar energy systems covering up to 10 acres
in all Industrial Districts and in the A-1 Agricultural District.
F.
Permitted accessory use. Solar energy systems are a permitted accessory
use in all zoning districts where structures are allowed. Solar energy
systems that do not meet the following design standards will require
a conditional use permit.
(1)
Building or roof-mounted solar energy systems shall not exceed the
maximum allowed height in any zoning district. For purposes of height
measurement, solar energy systems other than building-integrated systems
shall be given an equivalent exception to height standards as building-mounted
mechanical devices or equipment.
(2)
Solar energy systems must meet the accessory structure setback for
the zoning district and primary land use associated with the lot on
which the system is located, except as allowed below.
(a)
The collector surface and mounting devices for roof-mounted
solar energy systems shall not extend beyond the exterior perimeter
of the building on which the system is mounted or built, unless the
collector and mounting system has been explicitly engineered to safely
extend beyond the edge, and setback standards are not violated. Exterior
piping for solar hot water systems shall be allowed to extend beyond
the perimeter of the building on a side yard exposure. Solar collectors
mounted on the sides of buildings and serving as awnings are considered
to be building-integrated systems and are regulated as awnings.
(b)
Ground-mounted solar energy systems may not extend into the
side yard or rear setback when oriented at minimum design tilt, except
as otherwise allowed for building mechanical systems.
(3)
Solar energy systems in residential districts shall be designed to
minimize visual impacts from the public right-of-way, as described
below, to the extent that doing so does not affect the cost or efficacy
of the system, consistent with Wis. Stats. § 66.0401.
(a)
Building-integrated photovoltaic solar energy systems shall
be allowed regardless of whether the system is visible from the public
right-of-way, provided the building component in which the system
is integrated meets all required setback, land use or performance
standards for the district in which the building is located.
(b)
Roof-mount or ground-mount solar energy systems shall not be
restricted for aesthetic reasons if the system is not visible from
the closest edge of any public right-of-way other than an alley, or
if the system meets the following standards.
[1]
Roof-mounted systems on pitched roofs that are visible from the
nearest edge of the front right-of-way shall have the same finished
pitch as the roof and be no more than 10 inches above the roof.
[2]
Roof-mount systems on flat roofs that are visible from the nearest
edge of the front right-of-way shall not be more than five feet above
the finished roof and are exempt from any rooftop equipment or mechanical
system screening.
(c)
All solar energy systems using a reflector to enhance solar
production shall minimize glare from the reflector affecting adjacent
or nearby properties.
(d)
Applications for solar energy systems shall include horizontal
and vertical (elevation) drawings to a specific and must show the
location of the system on the building or on the property for a ground-mount
system.
G.
Planned unit development.
(1)
On-site renewable energy systems, zero-net-energy (ZNE), zero-net-carbon
(ZNC) building designs, solar synchronized electric vehicle charging,
or other clean energy systems may be required for approval of a planned
unit development to:
(a)
Mitigate impacts on the performance of the electric distribution
system;
(b)
Mitigate increased local emissions of greenhouse gases associated
with the proposal;
(c)
Address the need for electric vehicle charging infrastructure
to offset transportation-related emissions for trips generated by
the new development.
A.
Authority. Section 635-84 is adopted pursuant to Wis. Stats. §§ 59.03, 59.54, 59.69, and 66.0404.
B.
Jurisdiction and scope. This section applies to all mobile service
facilities within the City of Prescott (City) as provided under Wis.
Stats. § 66.0404(5).
C.
State law references. All references to the Wisconsin Statutes and
Administrative Code in this chapter are to the statutes and code in
effect as of the date this chapter is enacted and as the statutes
and code are subsequently amended or revised.
D.
Findings and purpose.
(1)
Mobile service facilities and support structures provide an important
infrastructure for a wide variety of communication tools for emergency
services providers, businesses, and the public.
(a)
Mobile service facilities and support structures can create
safety hazards that threaten the public health, safety, or welfare,
particularly with mobile support structures that are structurally
inadequate or that exceed 200 feet in height.
(b)
Oversized mobile service support structures can have an adverse
impact on the value of nearby real property.
(2)
The purpose of this section is to:
(a)
Provide a uniform and comprehensive set of standards for the
siting, construction, and modification of support structures and related
facilities, including mobile service support structures and mobile
service facilities.
(b)
Minimize adverse effects of support structures and related facilities,
including mobile service support structures and mobile service facilities,
through siting standards.
(c)
Be consistent with the Federal Telecommunications Act of 1996,
maintain and ensure a broad range of mobile services and high-quality
mobile service infrastructure in order to serve the community and
the City's police, fire, and emergency response network.
(d)
Promote and protect public health, safety, and general welfare.
(e)
Not prohibit, or have the effect of prohibiting, the provision
of mobile services.
(f)
Not unreasonably discriminate among providers of functionally
equivalent services.
(g)
Preserve the authority of the City over decisions regarding
the siting, construction, and modification of support structures and
related facilities, including mobile service support structures and
mobile service facilities.
E.
Exemptions. The following are exempt from all provisions of this section, except Subsection L(3), (4) and (5):
(1)
Portable or mobile structures and facilities (i.e., those in existence
for not more than one year) for temporary mobile services or temporary
services providing public information coverage of news events or of
an emergency. One extension, of one year or less, may be approved
by the Zoning Administrator upon prior written request and demonstration
of need.
(2)
Public safety communications support structures and related facilities
owned and operated by federal, state, county, or other local unit
of government.
(3)
Support structures, including mobile service support structures,
destroyed or partially destroyed by an event that directly and exclusively
results from the occurrence of natural causes (e.g., earthquakes,
fire, flood, storm, tornado, and violent wind), explosion, terrorism,
vandalism, or similar calamity not caused by, nor which could not
have been prevented by the exercise of foresight or caution of, the
mobile service support structure owner or property owner, may be replaced
with a mobile service support structure of the same type and height
without a permit, upon prior written notice to and approval of the
Zoning Administrator.
(4)
Structures for residential satellite dishes, residential television
antennas, or other antennas that are used privately, provided that
the antenna use constitutes ancillary or secondary use, not primary
use, of the property.
(5)
Antenna facilities, but only to the extent set forth in Wis. Stats. § 59.69(4d)(a)
through (c).
(6)
Amateur radio antennas, but only to the extent set forth in Wis.
Stats. § 59.69(4f)(a) through (b), that are owned and/or
operated by a federally licensed amateur radio operator, provided
that the antenna use constitutes ancillary or secondary use, not primary
use, of the property.
F.
Permit.
(1)
A permit is required, subject to the provisions and limitations of
Wis. Stats. § 66.0404 for any of the following activities:
G.
Application.
(1)
Prior to engaging in any siting, construction, or modification activity described in § 635-84D, the applicant must complete the application process and obtain a permit.
(2)
All applications shall be in writing, on the prescribed form, and
shall contain all of the information set forth below, as applicable:
(a)
Name, business address, email address (optional), phone number,
and original duly authorized (and notarized) signature of each applicant
or a duly authorized signatory.
(b)
Name, business address, email address (optional), and phone
number of the contact individual for each applicant.
(c)
Name, business address, email address (optional), and phone
number of each known operator if different than the applicant.
(d)
Name, business address, email address (optional), and phone
number of the contact individual for each known operator.
(e)
Federal Communications Commission license and registration numbers.
(f)
Site plan, to scale, showing location of the proposed or affected
mobile service support structure and mobile service-related facility.
(3)
Applications for new construction of mobile service support structures
and mobile service facilities and Class 1 co-locations shall include
the following information:
(a)
A sworn statement attesting that the applicant verified with
the City of Prescott Emergency Communications Department that the
proposed support structure and related facilities will not be located
within any critical public safety communications corridor.
(b)
Plans indicating security measures (i.e., access, fencing, lighting,
signage, etc.) and provisions to restrict unauthorized climbing of
towers.
(c)
Proof of comprehensive general liability insurance coverage.
The policy shall be furnished by an insurer authorized to do business
in Wisconsin, include coverage for bodily injury liability, property
damage, and personal injury, with no less than a $1,000,000 limit
per occurrence, with a $3,000,000 aggregate. Coverage must be written
on an "occurrence" basis, shall cover all risks incident to any activity
of the applicant under any permit issued hereunder, and must be maintained
without lapse in coverage until all permitted structures and related
facilities cease operation.
(d)
A copy of the deed, evidencing current ownership of the real
property, and, if applicable, the property lease agreement. The lease
agreement shall not discourage or prevent co-location of other providers.
(e)
Proof of compliance with Federal Communications Commission (FCC)
rules for environmental review, including a letter stating that an
Environmental Assessment (EA) is not required, a finding of no significant
impact (FONSI), or other written assurance that appropriate measures
are or will be taken to protect environmental and historic resources.
(f)
Proof that the Federal Aviation Administration (FAA) was notified
and a final written determination of "no hazard" to air navigation
from the FAA.
(g)
A report prepared by an engineer licensed by the State of Wisconsin
certifying the structural design of the mobile service support structure.
(h)
Affidavit of notification indicating that all operators and owners
of airports and airstrips located within five miles of the proposed
site have been notified via certified mail.
(4)
If the application is to substantially modify an existing support
structure, the application shall also include construction plans and
specifications which describes the proposed modifications to the support
structure, the equipment, network components and related equipment
associated with the proposed modifications.
(5)
If the application is to construct a new mobile service support structure,
the application shall also include the following:
(a)
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; and
(b)
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.
(6)
The Zoning Administrator may, in the exercise of their discretion,
engage the services of third-party consultants to assist with review
of the application and permit. If a third-party consultant is engaged,
the applicant shall pay, subject to Wis. Stats § 66.0404(4)(f),
the actual, necessary, and direct costs of the third-party consultant.
H.
Permit fees and other charges.
(1)
All applications shall be accompanied by a nonrefundable permit fee,
consistent with Wis. Stats § 66.0404(4)(d)1 through 2, as
established by the Council of the City of Prescott.
(2)
The permit fee requirements do not apply to support structures and
facilities wholly owned and operated by, or for the sole use or benefit
of the state, the county, or a municipality.
(3)
An applicant is responsible for paying all fees and expenses charged
by a third-party consultant retained by the department to review a
mobile or radio broadcast services application or permit, except that
the department is responsible for the third-party consultant's
travel expenses. An applicant's failure to pay a third-party
consultant's fees and expenses, other than travel expenses, is
grounds to deny an application or revoke a permit.
I.
Application review and permit grant.
(1)
The Zoning Administrator will determine whether or not an application
is complete. To be deemed complete, an application must contain all
the information required by this section, be properly executed, and
be accompanied by the requisite fee and payment of (or agreement to
pay) any applicable charges.
(2)
The Zoning Administrator shall notify the applicant in writing within
10 days (five days for a class 2 co-location) of receiving the application
whether it is complete or incomplete. The written notification shall
specify in detail any required information that was incomplete. An
applicant may resubmit an application as often as necessary until
it is complete.
(3)
Within 90 days (45 days for a class 2 co-location) after an application
is determined to be complete, the Zoning Administrator shall complete
all of the following or the applicant may consider the application
approved, except that the applicant and the Zoning Administrator may
agree in writing to an extension of the ninety-day 45 days for a class
2 co-location) period:
(a)
Review the application to determine whether it complies with
all applicable aspects of this section and any applicable provisions
of this chapter, subject to the limitations of Wis. Stats. § 66.0404.
(b)
Make a final decision approving or denying the application.
(c)
Notify the applicant in writing of the final decision.
(d)
If the application is approved and all fees and charges paid,
issue the applicant the relevant permit.
(e)
If the application is denied, provide written notification to
the applicant of the denial, supported by substantial evidence.
(4)
The Zoning Administrator 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 in § 635-84G(3)(a).
J.
Permit transferability.
(1)
Permits are valid only for the person or persons listed on the permit.
(2)
Permits may only be transferred if the real property is sold, or
the lease is transferred. Permit transfer forms shall be reviewed
by the Zoning Administrator, and when deemed complete, they shall
be fully executed and notarized. The transfer form shall have note
place on the face of the document stating that the transferee meets
all the applicable requirements of this section, and of the original
permit.
K.
Structural, design and environmental standards. All new mobile service
support structures, existing support structures, and mobile service
facilities shall be designed as set forth below:
(1)
Mobile service facilities, support structures and antennas shall
be designed, constructed, and operated in accordance with applicable
provisions of the State of Wisconsin Uniform Dwelling Code, Wisconsin
State Electrical Code, Wisconsin State Plumbing Code, Wis. Admin.
Code, Chapters SPS 341 and SPS 364, the standards of the Electronic
Industries Association (EIA), the American Iron and Steel Institute
(AISI), and the American National Standards Institute (ANSI) in effect
at the time of manufacture and construction.
(2)
Mobile service facilities and support structures shall not interfere
with or obstruct existing or proposed public safety, fire protection
or Supervisory Controlled Automated Data Acquisition (SCADA) operation
telecommunication facilities. Any actual interference and/or obstruction
shall be corrected by the applicant at no cost to the City.
(3)
Mobile service support structures and mobile service facilities,
to the degree feasible and practicable, shall be nonreflective in
color.
(4)
The perimeter of the equipment compound shall be located within 50
feet of the associated support structure, as measured from the center
of the support structure.
(5)
Buildings located within the equipment compound shall not exceed
26 feet in height, measured from the original grade at the base of
the facility to the top of the facility.
L.
Setbacks; fall zone; critical public safety communications corridor;
wetlands.
(1)
The setback or fall zone requirement for mobile service support structures
is the height of the structure (e.g., tower) plus 10%.
(2)
If an applicant provides the City 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 above, the setback or fall zone requirement in § 635-84L(1) shall not apply to such structure unless the City provides the applicant with substantial evidence that the engineering certification is flawed.
(3)
All mobile service support structures and mobile service facilities
shall meet all required shoreland setbacks. A lesser setback from
the ordinary high-water mark shall be allowed only if the applicant
demonstrates that there is no feasible alternative location outside
of the shoreland setback area and best management practices to infiltrate
or otherwise control stormwater runoff from the structure are employed.
(4)
No mobile service support structures or mobile service facilities
shall be located within any designated critical public safety communications
corridor. The burden is on the applicant to demonstrate that the project
will avoid interference to critical public safety communications.
The objectives here are to: promote robust and reliable, and prevent
or mitigate interference to, public safety communications (e.g., law
enforcement, emergency medical, and fire) systems that provide critical
safety-of-life communications services. This requirement reflects
the minimum practical regulations that are necessary to accomplish
that public health and safety objective.
(5)
No mobile service support structure or mobile service facility shall
be permitted in wetlands.
M.
Site development.
(1)
Noise and traffic. Mobile service support structures or mobile service
facilities shall be constructed and operated in such a manner as to
minimize the amount of disruption caused to nearby properties. To
that end, the following measures shall be implemented for mobile service
support structures or facilities:
(a)
Noise-producing activities (e.g., construction) shall take place
only on weekdays (Monday through Friday, non-holiday) between the
hours of 6:00 a.m. and 6:00 p.m., except in times of emergency repair;
and
(b)
Emergency power systems (e.g., backup generators and backup
batteries), if present, shall be operated only during power outages,
for testing, and for maintenance purposes.
(2)
Security and signage.
(a)
Mobile service support structures and mobile service facilities
shall be reasonably protected against unauthorized access.
(b)
Signs must be prominently displayed within the equipment compound
prohibiting entry without authorization, warning of the dangers from
electrical equipment and unauthorized climbing of the support structure
(e.g., tower), and identifying the owner and telephone number for
contact in case of emergency. No sign shall be larger than six square
feet.
(c)
Driveways and access.
[1]
Access to mobile service sites shall be by an all-weather gravel or paved driveway. No driveway, unless required under Subsection M(2)(c)[3], shall have a width greater than 15 feet. Driveways must have a turnaround of the minimum size necessary to accommodate and provide maneuverability for service and emergency vehicles.
[2]
All mobile service sites shall use existing access points and
roads whenever possible. Sites that abut two or more public roads
shall gain access from the lowest-class road regardless of driveway
length. The road classification hierarchy, in order from highest to
lowest, shall be as follows: federal, state, county, town. The applicant
shall seek and obtain approval for access from the entity having jurisdiction
over the road.
[3]
The permitting, location, design, and construction of access
driveways shall conform to any applicable requirements established
by the Town.
N.
Ceased operation, removal, and financial assurance.
(1)
Restoration requirement. Any mobile service support structure or
mobile service facility that has not been used for a continuous period
of 12 months shall be considered to have ceased operation. Within
six months of the mobile services permit holder being notified that
a mobile service support structure or related facility is considered
to have ceased operation, the property shall be restored as herein
required:
(a)
All mobile service support structures and mobile service facilities
shall be removed from the property. If there are two or more users
of a single mobile service support structure, then this provision
shall not become effective until all operations of the mobile service
support structure cease.
(b)
All building(s), supporting equipment, and foundations shall
be removed to a depth of five feet below the ground surface or, if
the distance to bedrock is less than five feet, to bedrock. All excavated
areas shall be filled in with unconsolidated soil material, of which
the top four or more inches shall be screened topsoil. The excavated
areas shall be made level with the surrounding ground surface and
shall be seeded or planted with native vegetation.
(c)
A document showing the existence of any subsurface structure
remaining below grade shall be recorded with the Register of Deeds.
Such recording shall accurately set forth the location and describe
the remaining structure.
(d)
Any hazardous material, either in containers or spilled upon
or in the ground, shall be removed and disposed of in a manner prescribed
by applicable state and federal law.
(2)
If removal to the satisfaction of the Zoning Administrator does not occur within six months, the Zoning Administrator may order restoration utilizing the established financial assurance as provided under § 635-84N(3)(g), and salvage said mobile service support structure or facility.
(3)
Subject to Wis. Stats. § 66.0404(4)(i), as a condition
of the issuance and validity of a permit, the applicant/permit holder
shall file and maintain a financial assurance with the City. The financial
assurance:
(a)
Shall be by an irrevocable letter of credit or performance bond.
(b)
Shall equal as closely as possible the cost to the City of hiring a contractor to complete restoration as set forth in § 635-84N(1)(a) through (d). This amount will initially be based on a written estimate of a qualified remover of said types of structures, or $20,000, whichever is less, to guarantee that the mobile service support structure will be removed when no longer in use. The amount of financial assurance shall be reviewed periodically by the Zoning Administrator to assure it equals outstanding restoration costs.
(c)
May be adjusted when required by the Zoning Administrator. The
Zoning Administrator may notify the permit holder in writing that
adjustment is necessary and the reasons for it (e.g., based upon prevailing
or projected interest or inflation rates, or the latest cost estimates
for restoration).
(d)
Shall be payable to the City of Prescott.
(e)
May not be canceled by the surety or other holder or issuer
except after not less than a ninety-day notice to the Zoning Administrator
in writing by registered or certified mail. Not less than 30 days'
prior to the expiration of the ninety-day notice of cancellation,
the permit holder shall deliver to the Zoning Administrator a replacement
proof of financial assurance. In the absence of this replacement financial
assurance, operation of the mobile service facility shall cease until
such time it is delivered and in effect.
(f)
Shall be released only upon the Zoning Administrator's certification of successful completion of necessary restoration measures. The permit holder must notify the Zoning Administrator, by filing a notice of completion, that restoration is complete. The Zoning Administrator will inspect the site that was the subject of the notice of completion to determine if restoration has been carried out in accordance with § 635-84N(1)(a) through (d). Within 60 days after the notice of completion is filed, the Zoning Administrator will issue a written determination that: it is not possible to assess whether restoration is complete due to weather conditions, soil conditions, or other relevant factors; restoration is not complete; restoration is complete in part; or restoration is fully complete.
(g)
Shall be forfeited if restoration is not completed as required by § 635-84N(1)(a) through (d).
(4)
The permit holder may change financial assurance. This may not be
done more than once a year unless required by an adjustment imposed
pursuant to § 635-84(3)(c). The permit holder shall give
the Zoning Administrator at least 60 days' notice prior to changing
financial assurance and may not actually change financial assurance
without the prior written approval of the Zoning Administrator.
(5)
Any person who obtains a permit from the Zoning Office for two or
more sites may elect, at the time the second or subsequent permit
is approved, to post a single financial assurance in lieu of separate
financial assurance instruments for each site. When an applicant/permit
holder elects to post a single financial assurance in lieu of separate
financial assurances for each site, no financial assurances previously
posted on individual sites shall be released until the new financial
assurance has been accepted by the Zoning Administrator.
(6)
The financial assurance requirements do not apply to support structures
and facilities wholly owned and operated by, or for the sole benefit
or use of, the state, county or a municipality.
(7)
This financial assurance requirement is deemed competitively neutral,
nondiscriminatory, and commensurate with the historical record for
surety requirements for other facilities and structures in the City
which fall into disuse.
O.
Administration, appeal, and enforcement.
(1)
Administration. The Zoning Administrator is empowered and responsible
to administer this section, issue permits as appropriate under this
section, and perform all other duties within the scope of this section.
All duties shall be the responsibility of the Zoning Administrator,
or his or her designee, except as otherwise specified.
(2)
Appeals. A party who is aggrieved by the final decision of the Zoning
Administrator to approve or disapprove an application hereunder may
only pursue the remedy set forth in Wis. Stats. §§ 66.0404(2)(f)
or 66.0404(3)(d).
(3)
Violations. It shall be unlawful to site, construct, install, reconstruct,
improve, extend, enlarge, relocate, or convert any support structure
or related facility in violation of the provisions of this chapter.
It shall also be unlawful to fail to obtain a permit.
(4)
Enforcements, penalties, and remediation. The City may enforce this
chapter by any lawful enforcement method deemed appropriate and necessary,
including the following:
(a)
Issuance of a citation under Wis. Stats. § 66.0113 and § 1-4 of the City of Prescott Code of Ordinances.
(b)
Filing a summons and complaint, seeking injunctive relief, monetary
penalties, and any other remedy allowed by law.
(c)
A monetary penalty of not less than $150 per day and not more
than $500 per day for each offense. Each day of continued violation
constitutes a separate offense.
(d)
Allowable assessments, costs, fees, penalties, and surcharges.
(5)
Nonexclusivity. Enactment of this section does not preclude the City
from enacting any other ordinance or providing for the enforcement
of any other law or ordinance relating to the same or other matter.
The issuance of a citation or the filing of a summons and complaint
hereunder shall not preclude the City or any other person or entity
from proceeding under any other law, ordinance, regulation or order
or by any other enforcement method to enforce any law, ordinance,
regulation or order.
A.
Authority, purpose and intent. This section is adopted pursuant to
Wis. Stats. §§ 59.03, 59.54, and 66.0406 for the purpose
of regulating the placement, construction, or modification of radio
broadcast service facilities, subject to the provisions and limitations
of Wis. Stats. § 66.0406(2), in order to, to the greatest
degree possible:
(1)
Promote and protect public health, safety, and general welfare.
(2)
Minimize or eliminate the adverse public health or safety effects
of the siting and construction of radio broadcast service facilities,
through the minimum practical regulations that are necessary to accomplish
these objectives.
(3)
Reasonably accommodate radio broadcast services.
(4)
Not prohibit, or have the effect of prohibiting, the provision of
radio broadcast service.
B.
Jurisdiction and scope. This section applies to all radio broadcast
service facilities operating within the City of Prescott.
D.
Denial of placement, construction, or modification of radio broadcast
service facilities. Denial of requests to place, construct, or modify
radio broadcast service facilities shall be based only on public health
or safety concerns. Denials shall be in writing and include substantial
written evidence supporting the reasons for denial.
E.
Structural, design, and environmental standards. Regulation and requirements for structural, design and environmental standards shall be as set forth in § 635-84K.
F.
Setbacks; fall zone; critical public safety communications corridor; wetlands. Regulation and requirements for setbacks, critical public safety communications corridor, and wetlands shall be as set forth in § 635-84L.
G.
Site development. Regulation and requirements for site development shall be as set forth in § 635-84M.
A.
Authority, purpose and intent. This section is adopted pursuant to
Wis. Stats. §§ 59.03, 59.54, and 59.69 and, to the
extent it is applicable, the Federal Telecommunications Act of 1996.
B.
The purpose of this section is to regulate the placement, construction,
or modification of wireless communications services support structures
and related facilities, except those described in Wis. Stats. §§ 66.0404
and 66.0406, in order to, to the greatest degree possible:
(1)
Preserve the City's authority over zoning and land use decisions
for other communications services support structures and related facilities.
(2)
Promote and protect public health, safety, and general welfare.
(3)
Minimize or eliminate the adverse public health or safety effects
of other communications services support structures and related facilities
through the minimum practical regulations that are necessary to accomplish
these objectives.
(4)
Encourage co-location to the extent technologically feasible and
engage in cooperative efforts with providers to chart the potential
overlap of desirable locations, in order to minimize the number of
structures and facilities to be sited.
(5)
To not unreasonably discriminate among providers of functionally
equivalent services.
(6)
To not regulate in a manner that prohibits or has the effect of prohibiting
the provision of these other communications services.
C.
Jurisdiction and scope. This section applies to all communications
services support structures and related facilities within the City
of Prescott.
E.
Denial of placement, construction, or modification of communications
services support structures and related facilities. Denial of requests
to place, construct, or modify radio broadcast service facilities
shall be based only on public health or safety concerns. Denials shall
be in writing and include substantial written evidence supporting
the reasons for denial.
F.
Structural, design, and environment standards. Regulation and requirements for structural, design and environmental standards shall be as set forth in § 635-84K.
G.
Setbacks; fall zone; critical public safety communications corridor; wetlands. Regulation and requirements for setbacks, critical public safety communications corridor, and wetlands shall be as set forth in § 635-84K.
H.
Site development. Regulation and requirements for site development shall be as set forth in § 635-84K.
