For the purpose of this chapter and any permit issued in accordance
herewith, the following terms, phrases, words and their derivations
shall have the meanings given herein unless otherwise specifically
provided for in this chapter or unless the context clearly indicates
otherwise or unless such meaning would be inconsistent with the manifest
intent of the Town of Vinland:
ANTENNA
Any structure or device for the purpose of collecting or
transmitting electromagnetic waves, including, but not limited to,
directional antennas, such as panels, microwave dishes, and satellite
dishes, and omnidirectional antennas, such as whip antennas.
ENTITY
Any individual, corporation, partnership, association or
other legal entity which seeks to provide a wireless telecommunications
system.
FCC
The Federal Communications Commission or its legally appointed
successor.
PERMITTEE
Any entity or its legal successor in interest who is issued
a wireless telecommunications permit and/or a structure location permit
in accordance with the provisions of this chapter for the erection,
construction, reconstruction, operation, dismantling, testing, use,
maintenance, repair, rebuilding, or replacing of a wireless telecommunications
system in the Town.
STREET
Any area established for vehicular or public access use of
the entire width between the property lines of every way publicly
maintained when any part thereof is open for public purposes. "Street"
includes, but is not limited to, a highway, avenue, road, alley, right-of-way,
lane, boulevard, concourse, bridge, tunnel, parkways and waterways.
STRUCTURE LOCATION PERMIT
A permit issued by the Zoning Administrator which authorizes
the location of an antenna or tower at a particular geographic location.
TOTAL GROSS REVENUE
All cash, credits or other property of any kind or nature
reported as revenue items to the permittee's audited financial statements
arising from or attributable to the sale, lease, rental or exchange
of wireless telecommunications services or the equipment by the permittee
within the Town or in any way derived from the operation of its wireless
telecommunications system, including, but not limited to, any interconnection
between its system and the Town and any system whatsoever. This shall
be the basis for computing the fee imposed pursuant to § 410-84B(2).
Such sum shall not include any bad debts, deposits, promotional or
vendor discounts or credits or sales, service, occupation or other
excise tax to the extent that such taxes are charged separately from
normal services charges and are remitted by the permittee directly
to the taxing authority.
TOWER
Any ground-, building- or roof-mounted pole, spire, structure,
or combination thereof, including supporting lines, cables, wires,
braces, masts, intended primarily for the purpose of mounting an antenna.
WIRELESS TELECOMMUNICATIONS PERMIT
The privilege granted by the Town by which it authorizes
an entity to erect, construct, reconstruct, operate, dismantle, test,
use, maintain, repair, build or replace a wireless telecommunications
system. Any permit issued in accordance herewith shall be a nonexclusive
permit.
WIRELESS TELECOMMUNICATIONS SERVICE
A licensed commercial wireless telecommunications service,
including cellular, personal communication services ("PCS"), specialized
mobile radio ("SMR"), enhanced specialized mobilized radio ("ESMR")
paging, and similar services that are marketed to the general public.
The authority of municipalities to regulate the placement of
wireless telecommunications systems was limited by 2013 Act 20, which
added § 66.0404, Mobile tower siting regulations, to the
Wisconsin Statutes. To the extent any provision in this article is
deemed unconstitutional or in violation of state law it will not be
enforced; all other provisions will be enforced in their entirety.
A. No entity may construct, operate or continue to operate a wireless
telecommunications system within the Town without having been issued
a wireless telecommunications permit by the Zoning Administrator.
B. Structure location permit fees shall be as set forth in the Town's
Fee Schedule.
C. The request fee shall be paid to the Zoning Administrator at the time of making application for a structure location permit. The annual structure location permit fee provided for in Subsection
B above shall be paid to the Zoning Administrator annually on or before October 1 of each calendar year for the portion of the wireless telecommunications system within the Town right-of-way on January 1 of that year; a prorated license fee, based upon the calendar quarter in which the application is filed, shall be paid at the time of the application for a structure location permit. Such quarterly fees are due on January 1, April 1, July 1 and September 1.
D. Fees not paid within 10 days after the due date shall incur interest
at the rate of 1 1/2% per month from the date due until paid.
E. The acceptance of any fee payment required hereunder by the Town
shall not be construed as an acknowledgement that the payment paid
is the correct amount due, nor shall such acceptance of payment be
construed as release of any claim which the Town may have for additional
sums due and payable.
Antennas and towers authorized by a structure location permit
shall comply with the following requirements:
A. A proposal for a new antenna or tower shall not be approved unless
the Town finds that the telecommunications equipment planned for a
proposed antenna cannot be accommodated on an existing or approved
tower within a one-mile radius of the proposed location due to one
or more of the following reasons:
(1) The planned equipment would exceed the structural capacity of an
existing or approved tower, as documented by a qualified and licensed
professional engineer, and the existing unit or approved tower cannot
be reinforced, modified or replaced to accommodate the planned or
equivalent equipment at a reasonable cost.
(2) The equipment would cause interference materially impacting the usability
of other existing or approved equipment at the tower as documented
by a qualified and licensed professional engineer, and the interference
cannot be prevented at a reasonable cost.
(3) Existing or approved towers within the search radius cannot accommodate
the planned equipment at a height necessary to function reasonably,
as documented by a qualified and licensed professional engineer.
(4) Other unforeseen reasons make it unfeasible to locate the planned
telecommunications equipment upon an existing or approved tower.
B. Any proposed tower shall be designed in all respects to accommodate
both the applicant's antennas and comparable antennas for at least
two additional users if the tower is over 100 feet in height, and
for at least one additional user if the tower is 60 feet to 100 feet
in height. Towers must be designed to allow for future rearrangements
of antennas upon the tower and to accept antennas mounted at varying
heights. All towers shall be erected and constructed in such a manner
as to comply with all applicable Town ordinances. All towers and antennas
shall be designed to blend into the surrounding environment through
the use of color and camouflaging architectural treatment, except
in instances where the color is dictated by federal or state authorities
such as the Federal Aviation Administration. Towers shall not be illuminated
by artificial means and shall not display strobe lights, except if
such lighting is specifically required by federal Aviation Administration
(FAA) or other state or federal authority. Any permittee seeking to
operate a Wireless telecommunications systems shall provide the Town
with a letter of intent signed by the tower owner committing the tower
owner and his or her successors to allow the shared use of the tower
if an additional user agrees in writing to meet objectively reasonable
terms and conditions for shared use.