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:
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.
Any individual, corporation, partnership, association or
other legal entity which seeks to provide a wireless telecommunications
system.
The Federal Communications Commission or its legally appointed
successor.
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.
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.
A permit issued by the Zoning Administrator which authorizes
the location of an antenna or tower at a particular geographic location.
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.
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.
The Town Engineer of the Town of Vinland.
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.
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.[1]
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.[2]
[2]
Editor's Note: Original subsection (b)(2), which immediately
followed this subsection, was repealed 9-10-2012.
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.
A.
Any wireless telecommunications permit or structure permit issued
by the Town shall be a nonexclusive permit for the use of those areas
within the Town specified in the wireless telecommunications permit
or structure location permit.
B.
Any wireless telecommunications permit or structure location permit
issued by the Town shall continue in full force and effect so long
as the permittee is in compliance with this chapter, all applicable
federal, state and local ordinances and regulations, and the space
occupied is not deemed to be needed by the Town for any other public
purpose.
C.
In the event any wireless telecommunications permit or structure
location permit is revoked by the Town, the wireless telecommunications
system shall, at the sole option of the Town, be removed within 30
days at the sole expense of the permittee.
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.
A.
Before commencing construction of a wireless telecommunications systems
in, above, over, under, across, through or in any way connected with
the streets, public ways or public places of the Town, the permittee
shall first obtain the written approval of, and all other necessary
permits from, all appropriate Town agencies, including, but not limited
to, the Zoning Administrator. Applications for such approval shall
be made in the form prescribed by the Town Engineer.
B.
Upon obtaining such written approval, the permittee shall give the
Town Engineer and any other appropriate agency written notice within
a reasonable time for proposed construction, but in no event shall
such notice be given less than 10 days before commencement of such
construction, except for emergency repairs of existing lines and cables.
C.
Any entity that submits a request for a wireless telecommunications
permit in accordance herewith shall include therein proposed agreements
for the use of existing towers and antennas, if applicable, with the
owner(s) of such facilities to be used or affected by the construction
of the proposed wireless telecommunications system.
D.
It shall be unlawful for the permittee or any other person or entity to open or otherwise disturb the surface of any street, sidewalk, driveway, public way or other public place for any purpose whatsoever without first obtaining approval to do so after proceeding in the manner described in Subsections A and B. Violation of this subsection shall subject the permittee to all penalties and remedies prescribed herein and to all other remedies, legal or equitable, which are available to the Town.
E.
The permittee shall restore any street or sidewalk it has disturbed
in accordance with the provisions of the Town's standard specifications
for streets and sidewalks and, shall at its own cost and expense,
restore and replace any other property disturbed, damaged or in any
way injured by or on account of its activities to as good as the condition
such property was in immediately prior to the disturbance, damage
or injury, or pay the fair market value of such property to its owner(s),
or shall make such other repairs or restoration as outlined in the
approved permit.
F.
The permittee shall, at its own cost and expense, protect, support,
temporarily disconnect, relocate in the same street or other public
place, or remove from such street or other public place, any of its
property when required to do so by the Town because of street or other
public excavation, construction, repair, regrading or grading, traffic
conditions, installation of sewers, drains, water pipes, Town-owned
power or signal lines, tracts, vacation or relocation of streets or
any other type of construction or improvement of a public agency,
or any type of improvement necessary for the public health, safety
or welfare, or upon termination or expiration of the permit.
G.
The permittee shall maintain all wires, conduits, cables or other
real and personal property and facilities in good condition, order
and repair. The permittee shall provide indemnity insurance and performance
bonds or demonstrate financial responsibility as shall comply with
all rules and regulations issued by the Town Engineer governing the
construction and installation of wireless telecommunications systems.
H.
The permittee shall keep accurate, complete and current maps and
records of its system and facilities which occupy the streets, public
ways and public places within the Town and shall furnish, as soon
as they are available, two complete copies of such maps and records,
including as-built drawings, to the Town Engineer.
A.
The rights and privileges hereby granted are considered personal,
and if the permittee sells, assigns, transfers, leases or pledges
such rights or privileges, or both, in whole or in part, either directly
or by operation of the law, then the Town shall have the right to
terminate any and all permits issued hereunder for no other cause.
The Town shall terminate such permits in writing, by certified mail,
return receipt requested, to the permittee, and such termination shall
be effective 60 days from said date of mailing. The rights and privileges
hereby granted shall not be mortgaged or encumbered without the prior
consent and approval of the Town given by written resolution.
B.
In addition to the provisions of termination provided for in Subsection A, the Town shall have the right to terminate any and all permits issued hereunder upon any actual or pending change in, or transfer of, acquisition by any other party, or control of permittee. The word "control" as used in this context is not limited to major stockholders, but includes actual working control in whatever manner exercised. The permittee shall annually submit to the Town a list of all shareholders and a list of all officers and directors. By acceptance of the wireless telecommunications permit, the permittee specifically agrees that any violation of this section shall, at the Town's option, cause any and all permits granted the permittee under this section to be revoked.
A.
Entities requesting a wireless telecommunications permit may be required
by the Town to submit evidence of financial capability to construct
and operate a wireless telecommunications system. Such evidence may
include, but is not limited to, previous years' audited financial
statements for the entity, individual financial statements of principals
or investors, or such other financial information as the Town may
desire.
B.
The permittee shall provide the Town with a written statement from
an independent certified public accountant within 120 days after the
close of the calendar year that such certified public accountant has
reviewed the books and records of the permittee as they related to
any permits issued under this section and, based upon such review,
the certified public accountant believes the payment received by the
Town properly reflects the fee due to the Town with respect to this
section. The Town shall have the right to reasonable inspection of
the permittee's books and records during normal business hours.
