The following shall be exempt from the requirement to obtain
a zoning permit, unless otherwise noted:
A.
Structures for the support of television antennas and other receive-only
antennas. The antenna use shall constitute ancillary or secondary
use, not primary use, of the property.
B.
Structures for the support of amateur radio antennas 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.
C.
Structures for the support of mobile antennas for services providing
public information coverage of news events or of a temporary or emergency
nature.
D.
Telecommunications towers mounted on the ground that do not exceed
75 feet in height, except that such towers located in an Exclusive
Agricultural (EA) Zoning District shall be authorized per compliance
with § 91.46(4), Wis. Stats.
E.
Telecommunications towers mounted on buildings that do not exceed
25 feet above the highest part of the building to which they are attached.
F.
Public safety towers owned and operated by federal, state, county,
or other local municipal governments.
G.
Wireless internet service provider towers mounted on the ground that
do not exceed 125 feet in height and which have a base which can be
encompassed within a circle of two-foot radius, excluding guy wires
and associated anchors.
H.
Wireless internet service provider towers mounted on structures that
do not exceed 25 feet above the highest part of the structure to which
they are attached.
A.
Application process. The construction or installation of any wireless
communication facilities or related equipment requires a zoning permit
from the Adams County Planning and Zoning Office prior to beginning
installation or construction.
(1)
A zoning permit is required for the siting and construction of any
new mobile service support structure and facilities and for Class
1 collocation and also for additional and replacement antennas on
existing towers and structures prior to beginning installation or
construction.
(2)
Mobile towers are a conditional use in all zoning districts.
(3)
Except as provided for in § 66.0404(4)(L), Wis. Stats.,
and pursuant to the discretion authorized in Subsection (4)(u) therein,
the height of a mobile service support structure shall not exceed
300 feet.
(4)
A variance shall be required for any mobile service support structure
to exceed the height of 300 feet.
(5)
A zoning permit application, a mobile tower permit application and
a conditional use permit application, as appropriate, must be completed
by any applicant and submitted to the Planning and Zoning Department.
The application must contain the following information:
(a)
The name and business address of, and the contact individual
for, the applicant.
(b)
The location of the proposed or affected support structure.
(c)
The location of the proposed mobile service facility.
(d)
If the application is to substantially modify an existing support
structure, a construction plan which describes the proposed modifications
to the support structure and the equipment and network components,
including antennas, transmitters, receivers, base stations, power
supplies, cabling, and related equipment associated with the proposed
modifications.
(e)
If the application is to construct a new mobile service support
structure, a construction plan which describes the proposed mobile
service support structure and the equipment and network components,
including antennas, transmitters, receivers, base stations, power
supplies, cabling, and related equipment to be placed on or around
the new mobile service support structure.
(f)
If an application is to construct a new mobile service support
structure, an explanation as to why the applicant chose the proposed
location and why the applicant did not choose collocation, including
a sworn statement from an individual who has responsibility over the
placement of the mobile service support structure attesting that collocation
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.
B.
Completed applications. If an applicant submits to the Planning and
Zoning Department an application for a permit to engage in an activity
described in this chapter, which contains all of the information required
under this chapter, the Planning and Zoning Department shall consider
the application complete. If the Planning and Zoning Department does
not believe that the application is complete, the Planning and Zoning
Department shall notify the applicant in writing, within 10 days of
receiving the application, that the application is not complete. The
written notification shall specify in detail the required information
that was incomplete. An applicant may resubmit an application as often
as necessary until it is complete.
C.
County responsibilities. Within 90 days of its receipt of a complete
application, the Planning and Zoning Department shall complete all
of the following or the applicant may consider the application approved,
except that the applicant and the Planning and Zoning Department may
agree in writing to an extension of the ninety-day period:
(1)
Review the application to determine whether it complies with all
applicable aspects of the County's building code and, subject
to the limitations in this section, zoning ordinances.
(2)
Make a final decision whether to approve or disapprove the application.
(3)
Notify the applicant, in writing, of its final decision.
(4)
If the decision is to disapprove the application, include with the
written notification substantial evidence which supports the decision.
D.
Disapproval. The Planning and Zoning Department may disapprove an application if an applicant refuses to evaluate the feasibility of collocation within the applicant's search ring and provide the sworn statement described under Subsection A(5)(f).
E.
Application of setback/fall zone. If an applicant provides the Planning
and Zoning Department with an engineering certification showing that
a mobile service support structure, or an existing structure, is designed
to collapse within a smaller area than the setback or fall zone area
required in a zoning ordinance, that zoning ordinance does not apply
to such a structure unless the Planning and Zoning Department provides
the applicant with substantial evidence that the engineering certification
is flawed.
F.
Limitations/conditions of permit. Zoning permits for siting and construction
of any new mobile service support structure and facilities and zoning
permits for Class 1 collocations shall only be granted provided the
following conditions exist:
(1)
If the location of the proposed mobile service support structure
or mobile service facility is on leased land, the lease agreement
does not preclude the lessee from entering into leases on the site
with other provider(s) and there is no other lease provision operating
as a bar to collocation of other providers.
(2)
The applicant has obtained Federal Communications Commission (FCC)
license numbers and registration numbers if applicable.
(3)
The applicant and/or agent has copies of a finding of no significant
impacts (FONI) statement from the Federal Communications Commission
(FCC) or environmental assessment or environmental impact study (EIS),
if applicable.
(4)
The applicant and/or agent has copies of the determination of no
hazard from the Federal Aviation Administration (FAA), including any
aeronautical study determination or other findings, if applicable.
(5)
The applicant and/or agent has plans indicating security measures
(i.e., access, fencing, lighting, etc.).
(6)
For new mobile service support structures, the applicant has obtained
a report prepared by an engineer licensed by the State of Wisconsin
certifying the structural design of the tower and its ability to accommodate
additional antennas.
(7)
The applicant and/or agent has proof of liability coverage.
(8)
The applicant and/or agent has copies of an affidavit of notification
indicating that all operators and owners of airports located within
five miles of the proposed site have been notified via certified mail.
(9)
The facility or collocation is designed to promote site sharing,
such that space is reasonably available to collocators and such that
telecommunication towers and necessary appurtenances, including but
not limited to parking areas, access road, and utilities, are shared
by site users whenever possible.
A.
Application process.
(1)
A zoning permit is required for a Class 2 collocation. A Class 2
collocation is a permitted use but still requires the issuance of
the permit.
(2)
A written permit application must be completed by any applicant and
submitted to the Planning and Zoning Department. The application must
contain the following information:
B.
Requirements. A Class 2 collocation is subject to the same requirements
for the issuance of a zoning permit to which any other type of commercial
development or land use development is subject.
C.
Completed applications. If an applicant submits to the Planning and
Zoning Department an application for a permit to engage in an activity
described in this chapter, which contains all of the information required
under this chapter, the Planning and Zoning Department shall consider
the application complete. If any of the required information is not
in the application, the Planning and Zoning Department shall notify
the applicant in writing, within five days of receiving the application,
that the application is not complete. The written notification shall
specify in detail the required information that was incomplete. An
applicant may resubmit an application as often as necessary until
it is complete.
D.
County review requirements. Within 45 days of its receipt of a complete
application, the Planning and Zoning Department shall complete all
of the following or the applicant may consider the application approved,
except that the applicant and the Planning and Zoning Department may
agree in writing to an extension of the forty-five-day period:
(1)
Make a final decision whether to approve or disapprove the application.
(2)
Notify the applicant, in writing, of its final decision.
(3)
If the application is approved, issue the applicant the relevant
permit.
(4)
If the decision is to disapprove the application, include with the
written notification substantial evidence which supports the decision.
E.
Fees. The fees for the zoning permit and mobile tower siting permit
shall be as posted in the Planning and Zoning Department Fee Schedule.
A.
Purpose. The purpose of the report under this section is to provide
the County with accurate and current information concerning the mobile
service facility owners and providers who offer or provide mobile
services within the County, or that own or operate mobile service
facilities within the County, to assist the County in enforcement
of this chapter, and to assist the County in monitoring compliance
with local, state and federal laws.
B.
Information report.
(1)
All
mobile service support structure owners of any new mobile service
support structure shall submit to the Planning and Zoning Department
a telecommunications facility information report (the "report") within
45 days:
(2)
The
report shall include the mobile service support structure owner's
name(s), address(es), phone number(s), contact person(s), and proof
of bond as security for removal. The support structure owner shall
supply the mobile service support structure height or current occupancy,
if applicable, and the number of collocation positions designated,
occupied or vacant. This information shall be submitted on the County
form provided and designated for such use and shall become evidence
of compliance.
A.
It is the express policy of Adams County and this chapter that mobile
service support structures be removed once they are no longer in use
and not a functional part of providing mobile service and that it
is the mobile service support structure owner's responsibility
to remove such mobile service support structures and restore the site
to its original condition or a condition approved by the Adams County
Planning and Zoning Department. This restoration shall include removal
of any subsurface structure or foundation, including concrete, used
to support the mobile service support structure down to five feet
below the surface. After a mobile service support structure is no
longer being used for mobile service that is in operation, the mobile
service support structure owner shall have 180 days to effect removal
and restoration unless weather prohibits such efforts. Permittee shall
record a document with the Adams County Register of Deeds showing
the existence of any subsurface structure remaining below grade. Such
recording shall accurately set forth the location and describe the
remaining structure.
B.
Security for removal. The owner of any mobile service support structure
other than a municipality or other unit of government shall provide
to the Adams County Planning and Zoning Department, prior to the issuance
of the zoning permit, a performance bond in an amount 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 operation. Adams County will be
named as obligee in the bond and must approve the bonding company.
The County may require an increase in the bond amount after five-year
intervals to reflect increases in the Consumer Price Index, but at
no point shall the bond amount exceed $20,000. The provider shall
supply any increased bond within a reasonable time, not exceeding
60 days, after the County's request. A permittee may submit a
letter of credit in the amount set forth above or, in the alternative,
a permittee with several sites in the County may submit a master bond
to cover all of said sites. A master bond or a letter of credit may,
in the Planning and Zoning Committee's discretion, be in an amount
sufficient to secure removal from one site if the master bond or letter
of credit provides for replenishing any amount used as the master
bond or letter of credit covers any other site in the County.
A.
Mobile service support structure, antenna and facilities requirements. All mobile service facilities and mobile service support structures, except exempt facilities as defined in § 386-10, shall be designed to reduce the negative impact on the surrounding environment by implementing the measures set forth below:
(1)
Mobile service support structures shall be constructed of metal or
other nonflammable material, unless specifically permitted by the
County to be otherwise.
(2)
Satellite dish and parabolic antennas shall be situated as close
to the ground as possible to reduce visual impact without compromising
their functions. Equipment compounds shall be constructed of nonreflective
materials (visible exterior surfaces only). Equipment compounds shall
be designed to blend with existing architecture in the area or shall
be screened from sight by mature landscaping, and shall be located
or designed to minimize their visibility.
(3)
Mobile service facilities, support structures and antennas shall
be designed and constructed in accordance with the State of Wisconsin
Uniform Building Code, National Electrical Code, Uniform Plumbing
Code, Uniform Mechanical Code, and Uniform Fire Code, Adams County
Land Division Ordinance, Adams County Sanitation Ordinance, Electronic
Industries Association (EIA), American National Steel Institute Standards
(ANSI), and American National Standards Institute (ANSI) in effect
at the time of manufacture.
(4)
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 County.
(5)
All new mobile service towers that are 200 or more feet in height
shall be painted alternate aviation orange and white and shall be
outfitted with dual lighting mechanisms, including daytime strobes
and nighttime red incandescent lighting.
(6)
All mobile service towers that have guy wires shall be outfitted
with large orange balls for increased visibility by small aircraft
in accordance with recommendations by the FAA.
B.
Site development. A leased parcel intended for the location of new
mobile service facilities, mobile service support structures, and
equipment compounds shall be located so as to permit expansion for
mobile service facilities to serve all potential collocators.
C.
Vegetation/screening and security.
(1)
Vegetation/screening. Except for exempt facilities as defined in § 386-10, all mobile service facilities shall be installed in a manner so as to minimize disturbance to existing native vegetation and shall include suitable mature landscaping to screen the facility, where necessary. For purposes of this subsection, "mature landscaping" shall mean trees, shrubs or other vegetation of a minimum initial height of five feet that will provide the appropriate level of visual screening immediately upon installation. Upon project completion, the owner(s)/operator(s) of the facility shall be responsible for maintenance and replacement of all required landscaping as long as a telecommunication facility is maintained on site.
(2)
Security. All towers shall be reasonably protected against unauthorized
access. The bottom of the tower from ground level to 12 feet above
ground shall be designed to preclude unauthorized climbing and shall
be enclosed with a minimum of six feet high chain-link fence with
a locked gate. Security lighting for on-ground facilities and equipment
is permitted, as long as it is down shielded to keep light within
the boundaries of the site.
D.
Fire prevention. All mobile service facilities shall be designed
and operated in accordance with all applicable codes regarding fire
prevention.
E.
Noise and traffic. All 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 all mobile service facilities, except exempt facilities as defined in § 386-10:
(1)
Noise-producing construction activities shall take place only on
weekdays (Monday through Saturday, non-holiday) between the hours
of 6:00 a.m. and 6:00 p.m., except in times of emergency repair; and
(2)
Backup generators, if present, shall be operated only during power
outages and for testing and maintenance purposes.
F.
Separation requirements. Mobile service support structures shall
be separated by a minimum of 2,640 feet, except that:
(1)
Two mobile service support structures may be permitted to be located
within 100 feet of each other subject to approval of the Adams County
Planning and Zoning Committee.
(2)
Camouflaged mobile service support structures are exempt from the
separation between mobile service support structures requirement listed
above.
