[Amended 3-18-2014 by Ord. No. 2014-3]
The purpose of this article is to regulate by conditional use
permit and building permit:
A.
The siting and construction of any new mobile service support structure
and facilities;
B.
With regard to a Class 1 co-location, the substantial modification
of an existing support structure and mobile service facilities; and
C.
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.
[Amended 3-18-2014 by Ord. No. 2014-3]
As used in this article, the following definitions apply, except
to the extent they may be inconsistent with the definitions set forth
in Wis. Stats. § 66.0404(1), as amended from time to time,
and, in all other respects, the definitions set forth in Wis. Stats.
§ 66.0404(1) and any amendment to that subsection shall
apply:
Communications equipment that transmits and receives electromagnetic
radio signals and is used in the provision of mobile services.
An application for:
The placement of a new mobile service facility on an existing
support structure such that the owner of the facility does not need
to construct a freestanding support structure for the facility but
does need to engage in substantial modification.
The placement of a new mobile service facility on an existing
support structure such that the owner of the facility does not need
to construct a freestanding support structure for the facility or
engage in substantial modification.
Class 1 or Class 2 co-location, or both.
The Town Planning and Zoning Committee created under this
chapter.
A network of spatially separated antenna nodes that is connected
to a common source via a transport medium and that provides mobile
service within a geographic area or structure.
An area surrounding or adjacent to the base of an existing
support structure within which is located mobile service facilities.
A support structure that exists at the time a request for
permission to place mobile service facilities on a support structure
is filed with the Town Clerk.
The Federal Aviation Administration.
The Federal Communications Commission.
A radio communication service carried on between mobile stations
or receivers and land stations, and by mobile stations communicating
among themselves, as defined in federal law.
The set of equipment and network components, including antennas,
transmitters, receivers, base stations, power supplies, cabling, and
associated equipment, that is necessary to provide mobile service
to a discrete geographic area, but does not include the underlying
support structure.
A person who provides mobile service.
A freestanding structure that is designed to support a mobile
service facility.
A city, village, town, or county.
Has the meaning provided under Wis. Stats. § 196.01
or any amendment thereto.
A shape drawn on a map to indicate the general area within
which a mobile service support structure should be located to meet
radio frequency engineering requirements, taking into account other
factors, including topography and the demographics of the service
area.
The modification of a mobile service support structure, including
the mounting of an antenna on such a structure that does any of the
following:
For structures with an overall height of 200 feet or less, increases
the overall height of the structure by more than 20 feet.
For structures with an overall height of more than 200 feet,
increases the overall height of the structure by 10% or more.
Measured at the level of the appurtenance added to the structure
as a result of the modification, increases the width of the support
structure by 20 feet or more, unless a larger area is necessary for
co-location.
Increases the square footage of an existing equipment compound
to a total area of more than 2,500 square feet.
An existing or new structure that supports or can support
a mobile service facility, including a mobile service support structure,
utility pole, water tower, building, or other structure.
A structure owned or operated by an alternative telecommunications
utility, as defined in Chapter 196 of the Wisconsin Statutes and any
amendment thereto; public utility, as defined in Chapter 196 of the
Wisconsin Statutes and any amendment thereto; telecommunications utility,
as defined in Chapter 196 of the Wisconsin Statutes and any amendment
thereto; political subdivision; or cooperative association organized
under Chapter 185 of the Wisconsin Statutes and any amendment thereto;
and that is designed specifically for and used to carry lines, cables,
or wires for telecommunications service, as defined in Chapter 182
of the Wisconsin Statutes and any amendment thereto; for video service,
as defined in Chapter 66 of the Wisconsin Statutes and any amendment
thereto; for electricity; or to provide light.
[Amended 3-18-2014 by Ord. No. 2014-3]
A.
A conditional use permit is required for the siting and construction
of any new mobile service support structure and facilities in the
Town.
B.
A written permit application must be completed by any applicant and submitted to the Town Clerk. The application must contain all information required for a conditional use permit under this chapter (see § 400-51), plus 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)
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.
(5)
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)
A scaled site plan clearly indicating the location, type and
height of the proposed structure and equipment compound, adjacent
land uses and structures, adjacent roadways, on-site parking and driveways,
structure and equipment compound setbacks from property lines, and
other information deemed necessary by the Committee to assess compliance
with this article.
(7)
The distance between the structure and the nearest residential
unit and residentially zoned properties.
(8)
The distance from the nearest other mobile service support structure.
(9)
A landscape plan showing specific plant materials.
(10)
The method of fencing, including location, materials and finished
color and, if applicable, vegetative screening.
C.
A permit application will be provided by the Town Clerk upon request
to any applicant.
D.
If an applicant submits to the Town Clerk an application for a permit
for the siting and construction of any new mobile service support
structure and facilities, which application contains all of the information
required under this section, the Clerk shall consider the application
complete. If the Clerk does not believe that the application is complete,
the Clerk shall notify the applicant, in writing, within 10 days of
receiving the application, that the application is not complete. The
written notification shall specify in detail the required information
that was incomplete. An applicant may resubmit an application as often
as necessary until it is complete.
E.
Within 90 days of the Town Clerk's receipt of a complete application,
the Committee shall complete all of the following or the applicant
may consider the application approved, except that the applicant and
the Town Board may agree, in writing, to an extension of the ninety-day
period:
(1)
The Committee shall review the application to determine whether
it complies with all applicable aspects of this chapter, subject to
the limitations in this article.
(2)
The Committee shall make a final decision whether to approve
or disapprove the application.
(3)
The Clerk shall notify the applicant, in writing, of the Committee's
final decision.
(4)
If the decision of the Committee is to disapprove the application,
it shall include with the written notification substantial evidence
which supports the decision.
F.
The Committee 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(5) above.
G.
A mobile service support structure shall be located not closer than
a distance equal to 100% of the height of the structure from any adjoining
lot line, provided that, if an applicant provides the Committee with
an engineering certification showing that the structure is designed
to collapse within a smaller area than a distance equal to 100% of
the height of the structure from any adjoining lot line, then the
setback shall be reduced to the smaller area unless the Committee
provides the applicant with substantial evidence that the engineering
certification is flawed.
H.
The fee for the permit is $3,000.
[Amended 3-18-2014 by Ord. No. 2014-3]
A.
A conditional use permit is required for substantial modification
of an existing support structure and mobile service facilities as
part of a Class 1 co-location in the Town.
B.
A written permit application must be completed by any applicant and submitted to the Town Clerk. The application must contain all information required for a conditional use permit under this chapter (see § 400-51), plus the following information:
(1)
The name and business address of, and the contact individual
for, the applicant.
(2)
The location of the affected support structure.
(3)
The location of the affected mobile service facility.
(4)
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)
A scaled site plan clearly indicating the location, type and
height of the existing structure and equipment compound, adjacent
land uses and structures, adjacent roadways, on-site parking and driveways,
structure and equipment compound setbacks from property lines, and
other information deemed necessary by the Committee to assess compliance
with this article.
(6)
The distance between the existing structure and the nearest
residential unit and residentially zoned properties.
C.
A permit application will be provided by the Town Clerk upon request
to any applicant.
D.
If an applicant submits to the Town Clerk an application for a permit
for a Class 1 co-location, which application contains all of the information
required under this section, the Clerk shall consider the application
complete. If the Clerk does not believe that the application is complete,
the Clerk shall notify the applicant, in writing, within 10 days of
receiving the application, that the application is not complete. The
written notification shall specify in detail the required information
that was incomplete. An applicant may resubmit an application as often
as necessary until it is complete.
E.
Within 90 days of the Town Clerk's receipt of a complete application,
the Committee shall complete all of the following or the applicant
may consider the application approved, except that the applicant and
the Town. Board may agree, in writing, to an extension of the ninety-day
period:
(1)
The Committee shall review the application to determine whether
it complies with all applicable aspects of this chapter, subject to
the limitations in this article.
(2)
The Committee shall make a final decision whether to approve
or disapprove the application.
(3)
The Clerk shall notify the applicant, in writing, of the Committee's
final decision.
(4)
If the decision of the Committee is to disapprove the application,
it shall include with the written notification substantial evidence
which supports the decision.
F.
A mobile service support structure to be modified hereunder shall
be located not closer than a distance equal to 100% of the height
of the structure from any adjoining lot line, provided that, if an
applicant provides the Committee with an engineering certification
showing that the structure is designed to collapse within a smaller
area than a distance equal to 100% of the height of the structure
from any adjoining lot line, then the setback shall be reduced to
the smaller area unless the Committee provides the applicant with
substantial evidence that the engineering certification is flawed.
G.
The fee for the permit is $3,000.
[Amended 3-18-2014 by Ord. No. 2014-3]
A.
A building permit is required for a Class 2 co-location in the Town.
B.
A written permit application must be completed by any applicant and
submitted to the Building Inspector. The application must contain
all information required for a building permit under this chapter,
plus the following information:
(1)
The name and business address of, and the contact individual
for, the applicant.
(2)
The location of the affected support structure.
(3)
The location of the proposed or affected mobile service facility.
(4)
A scaled site plan clearly indicating the location, type and
height of the proposed structure and equipment compound, adjacent
land uses and structures, adjacent roadways, on-site parking and driveways,
structure and equipment compound setbacks from property lines, and
other information deemed necessary by the Committee to assess compliance
with this section.
(5)
The distance between the structure and the nearest residential
unit and residentially zoned properties.
C.
A permit application will be provided by the Building Inspector 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 under this chapter.
E.
If an applicant submits to the Building Inspector an application
for a building permit for a Class 2 co-location, which contains all
of the information required under this section, the Building Inspector
shall consider the application complete. If the Building Inspector,
in consultation with the Committee, does not believe that the application
is complete, the Building Inspector 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 receipt of a complete application, the Building
Inspector shall complete all of the following, or the applicant may
consider the application approved, except that the applicant and the
Building Inspector may agree, in writing, to an extension of the forty-five-day
period:
(1)
Review the application to determine whether it complies with
all applicable aspects of this chapter, subject to the limitations
in this article.
(2)
Make a final decision whether to approve or disapprove the application.
(3)
Notify the applicant, in writing, of the Building Inspector's
final decision.
(4)
If the decision is to disapprove the application, include with
the written notification substantial evidence which supports the decision.
G.
The fee for the permit is the same as the fee established by the
Town Board for commercial development.
[Amended 3-18-2014 by Ord. No. 2014-3]
A.
A conditional use permit for the siting and construction of any new
mobile service support structure and facilities or for a Class 1 co-location
in the Town, and a building permit for a Class 2 co-location, shall
be subject to all regulations under this chapter for such permits,
provided that no limitation shall be imposed which is contrary to
the provisions of Wis. Stats. § 66.0404(4), as amended from
time to time, and further provided as follows:
(1)
No permit shall be issued for any structure or facility unless
the applicant reasonably assures that the structure or facility shall
be constructed and maintained in compliance with all applicable state
or local building codes, with applicable standards for towers that
are published by the Electronic Industries Association, and with applicable
standards and regulations of the FAA, the FCC and any other agency
of the state or federal government with the authority to regulate
towers and antennas.
(2)
Proposed or modified structures and facilities shall be constructed
so as to reasonably blend in with the surrounding environment, provided
that no application shall be disapproved solely for aesthetic concerns.
(3)
The applicant for a conditional use permit for a proposed or
modified structure and facilities may be required by the Committee
to provide a surety bond or a cash deposit as reasonably necessary
to protect the interests of the Town and its residents and property
owners.
(4)
Proposed or modified structures shall blend in with the surrounding
environment except as may be required by rules of the FAA or FCC.
The equipment compound shall also blend in with the character of the
district in which it is located.
(5)
No mobile service support structure may be located within 2,500
feet of an existing mobile service support structure, measured by
a straight line between the base of an existing mobile service support
structure and the base of a proposed mobile service support structure.
(6)
The height of a mobile service support structure may be limited
by the Town Board as reasonably necessary to protect the interests
of the Town and its residents and property owners, but not to a height
of under 200 feet, and no application may be disapproved solely because
of the height.
(7)
No advertising material or signage other than warning or equipment
information shall be allowed on any mobile service support structure.
This prohibition shall include the attachment to a mobile service
support structure of any flag, decorative sign, streamers, pennants,
ribbons, spinners or waving, fluttering or revolving devices.
(8)
A mobile service support structure shall not be artificially
illuminated unless required by government authority. Lighting shall
be designed to minimize disturbance to the surrounding area. No application
may be disapproved solely because the structure requires lighting.
(9)
Traffic that is associated with the mobile service support structure
or facility shall not adversely affect abutting streets or neighboring
properties.
(10)
Ladder rungs on towers shall not be placed within 20 feet of
the ground.
(11)
A mobile service support structure shall be enclosed by security
fencing not less than eight feet in height and secured so that it
is not accessible by the general public. Fence design, materials and
colors shall reflect the character of the surrounding area as determined
by the Planning and Zoning Committee.
(12)
A buffer of plant materials to effectively screen the equipment
compound from public view and from adjacent properties shall be provided.
The minimum buffer shall consist of a landscaped strip at least five
feet in width outside the perimeter of the tower compound. In locations
where the visual impact of the compound would be minimal, the landscaping
requirement may be reduced or waived. Existing mature tree growth
and natural land forms shall be preserved to the maximum extent possible.
All landscaping requirements detailed here shall be properly maintained
in perpetuity.
(13)
The mobile service support structure shall be shielded, filtered
and grounded in a manner consistent with the FCC and the Electronic
Industries Association guidelines so as to minimize the possibility
of interference with locally received transmissions. In the event
any complaint of interference is received by the Town, and the interference
is verified by a qualified engineer to be caused by the structure,
the Town shall notify the owner and operator, in writing, and the
owner and operator shall have period of 30 days to investigate the
complaint and respond to the Town. In the event it is determined that
the structure is the source of the interference, the owner and operator
shall take steps to correct the interference.
(14)
All buildings and equipment enclosures shall be kept locked
at all times. Each building and enclosure shall have a label attached
to it. The label shall give the name, address, and telephone number
of the person who should be contacted in the event of an emergency.
(15)
Any wireless tower in the A-1 District must meet the requirements
of Wis. Stats. § 91.46(4).
[Added 12-14-2015 by Ord.
No. 2015-5]
A.
General requirements. The wireless communication facility shall be
maintained in accordance with all applicable local, state and federal
regulations. Access to the wireless communication facility shall be
properly maintained for emergency personnel in the form of maintained
roadways. If the Building Inspector concludes that a tower or any
other part of a wireless communication facility fails to comply with
such codes and constitutes a danger to persons or property in the
vicinity, the Building Inspector shall notify the owner or operator
of the wireless communication facility of such fact. The notice shall
be in writing and shall require the owner or operator to bring the
facility into compliance with such codes within 30 days of the date
of service of the notice. If the owner or operator fails to bring
the wireless communication facility into compliance within the time
provided, the Town's Building Inspector may order the tower or other
wireless communications facility removed to the extent necessary to
protect persons or property in the vicinity. The cost of removing
the tower or other portion of the wireless communication facility
shall be at the owner's expense. The owner and operator shall be responsible
to maintain the premises upon which the wireless communication facility
is located in a clean and sanitary condition.
B.
Outdoor storage prohibited. No person shall store any vehicles, equipment
or other goods on the wireless communications facility except in an
enclosed building. This section does not apply to overnight storage
of vehicles or equipment necessary for the repair of the wireless
communication facility.
C.
Hours of operation. Nonemergency maintenance and service visits to
the wireless communication facility are limited to regular business
hours (7:00 a.m. to 6:00 p.m., Monday through Friday). Emergency repairs
necessary to keep the wireless communication service in operation
may be performed 24 hours a day, seven days a week.
A.
Evidence of abandonment. An antenna or tower shall be deemed abandoned
if any of the following shall occur:
[Amended 12-14-2015 by Ord. No. 2015-5]
B.
Notification of abandonment. The owner or operator of a wireless
communication facility shall notify the Town Clerk whenever an antenna
or tower is abandoned or its use discontinued. Such notice shall be
given to the Clerk within 30 days of such abandonment or discontinuance.
C.
Removal of abandoned towers and antennas. The owner and operator
of an abandoned tower or antenna shall remove it from the wireless
communications facility within six months after the tower or antenna
is abandoned or its use discontinued. If the owner fails to remove
the antenna or tower within that time, the Town shall remove the antenna
or tower at the owner's and operator's expense. In the event that
the cost of removal is not paid, the Town may assess the cost of such
removal against the property upon which the wireless communications
facility is located as a special charge pursuant to § 66.0703,
Wis. Stats.
D.
Site restoration. Whenever a tower is removed from a wireless communication
facility, the remainder of the site shall be restored to its preexisting
condition, and all buildings, equipment and other devices accessory
to the tower shall be removed from the site.
Preexisting towers, antenna support structures, antennas or wireless communication facilities which do not conform to the requirements of this chapter shall be permitted to continue subject to the provisions of Article X of this chapter which governs preexisting nonconforming uses, structures and lots.
