City of Brodhead, WI Article XVI Communications Structures

[Added 3-17-2015]

§ 480-111 Mobile service transmission towers.

A. Definitions. As used in this section, the following terms shall have the meanings indicated:

ANTENNA

Communications equipment that transmits and receives electromagnetic radio signals and is used in the provision of mobile services.

COLLOCATION

A Class 1 or Class 2 collocation or both.

(1) CLASS 1 COLLOCATION 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.

(2) CLASS 2 COLLOCATION 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.

EQUIPMENT COMPOUND

An area surrounding or adjacent to the base of an existing support structure within which are located mobile service facilities.

EXISTING STRUCTURE

A support structure that exists at the time a request for permission to place mobile service facilities on a support structure is filed with a political subdivision.

MOBILE SERVICE FACILITY

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.

MOBILE SERVICE PROVIDER

A person who provides mobile service.

MOBILE SERVICE SUPPORT STRUCTURE

A freestanding structure that is designed to support a mobile service facility.

SEARCH RING

A shape drawn on a map to indicate the general area in 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.

SUBSTANTIAL MODIFICATION

The modification of a mobile service support structure, including the mounting of an antenna on such a structure, that does any of the following:

(1) For structures with an overall height of 200 feet or less, increases the overall height of the structure by more than 20 feet.

(2) For structures with an overall height of more than 200 feet, increases the overall height of the structure by 10% or more.

(3) 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 collocation.

(4) Increases the square footage of an existing equipment compound to a total area of more than 2,500 square feet.

SUPPORT STRUCTURE

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.

B. Building permit. No owner shall, within the City of Brodhead, construct any new or collocation Class 1 or Class 2 mobile service transmission tower until a permit shall have first been obtained from the Zoning Administrator.

C. Class 2 collocation.

(1) Application. If an applicant submits to the Zoning Administrator an application for a permit to engage in a Class 2 collocation, the application shall contain the following: name and business address of, and the contact individual for, the applicant; the location of the affected support structure; and the location of the proposed mobile service facility. A fee as set by resolution of the Common Council but not to exceed $500 or other monetary amount as set by Sec. 66.0404(4)(d), Wis. Stats., shall also be submitted with the application. After such information is obtained, the application shall be considered complete. If any of the required information is not in the application, the Zoning Administrator 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.

(2) Determination. Within 45 days of receipt of a complete application, 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 forty-five-day period:

(a) Make a final decision whether to approve or disapprove the application.

(b) Notify the applicant, in writing, of its final decision.

(c) If the application is approved, issue the applicant the relevant permit.

(d) If the decision is to disapprove the application, include with the written notification substantial evidence which supports the decision.

(3) A party who is aggrieved by the final decision of the Zoning Administrator may bring an action in the circuit court of the county in which the proposed activity which is the subject of the application is to be located.

D. Class 1 collocation and new construction.

(1) Conditional use permit. A conditional use shall be allowed only after approval by the City and issuance of a conditional use permit (hereafter "CUP"), in accordance with the procedures listed in Subsection D(2) through (6).

(2) Application. An applicant shall submit to the City Clerk a conditional use permit application, or similarly named document, as available at the office of the City Clerk and on the City website, along with 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) A plan for Rock and Green County-wide coverage of the provider's antenna locations for existing and proposed towers, containing all of the following information:

[1] Tower height and design, including a cross section and elevation;

[2] Location of tower and support structure(s), equipment buildings, security structures, vegetation, lot lines, access road(s) and other significant features; and

[3] Height above grade for all potential mounting positions and collocated antennas and minimum separation distances between antennas.

(e) A site plan containing all of the following information:

[1] Tower capacity, including the number and type of antennas it can accommodate;

[2] Steps the applicant will take to avoid interference with established public safety telecommunications;

[3] Proof the proposed tower/antenna complies with the regulations set forth by the Federal Aviation Administration (FAA) and Federal Communications Commission (FCC);

[4] Proof provided by a qualified and licensed professional engineer that the tower/antenna meets all applicable structural and electrical standards and requirements; and

[5] Engineer's stamp and registration number.

(f) 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.

(g) If the application is to construct a 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.

(h) If the 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.

(i) An application fee as set by resolution of the Common Council, but not to exceed $3,000, or other monetary amount as set by § 66.0404(4)(d), Wis. Stats.

(3) Application complete. The Zoning Administrator shall provide written notice to the applicant as to the completeness of the application within 10 days of receipt of said application by the City. If the application is deemed incomplete by the Zoning Administrator, said notice shall specifically describe additional application materials required by the City.

(4) Application review.

(a) Upon receipt of the CUP application from the applicant, the Clerk shall provide notification by postal mail to the parties of interest, and all land owners and the clerk of any local government unit within 1,000 feet of the lot identified for the conditional use in the application, and shall publish a Class 1 legal notice, in accordance with § 985, Wis. Stats, listing the time and place of a public hearing at which the CUP application will be reviewed by the Commission, and the proposed conditional use and its location, with said postal mail notification post marked 14 days prior to said hearing.

(b) The Plan Commission shall review a CUP application for compliance with this chapter at a public hearing within 90 days of receipt of a complete application in accordance with Subsection D(3) above, to ensure said application is in accordance with the following requirements:

[1] Siting and construction of towers and antennas, and necessary associated buildings, structures, and equipment (hereafter collectively "appurtenances"), shall balance the federal interest (Sec. 704 Telecommunications Act of 1996) regarding telecommunications towers and antennas with the City interest in regulating land uses within its borders;

[2] Siting and construction of towers, antennas, and appurtenances shall be done in a manner so as to protect other uses from the potential adverse impacts of said antennas, towers, and appurtenances, encourage collocation, minimize adverse visual impact through design, landscaping, visual screening and camouflaging techniques, consider the health and safety of antennas, towers, and appurtenances, and avoid potential damage to property or individuals due to tower/antenna mechanical failure;

[3] Siting and construction of towers, antennas, and appurtenances shall comply with all applicable City, Rock County, state, and federal building codes, as well as applicable standards for towers and antennas published by the Electronic Industries Association;

[4] Siting and construction of towers, antennas, and appurtenances shall be in a manner so as to blend in, to the fullest extent possible, with the character of adjacent and proximate lands and not be readily visible, except as may be required by the Federal Aeronautics Administration or Federal Communications Commission;

[5] Towers shall be monopole design unless engineering documentation is provided from a licensed professional engineer stating that such a design is not feasible, and in the event monopole design is not feasible, options for alternate tower designs shall be brought before the Commission for approval, with towers utilizing guy wires only not allowed;

[6] Towers shall be designed structurally, electronically, and in all respects to accommodate the applicant's antenna and comparable antenna for up to two additional uses, to allow for future rearrangement of antennas upon the tower and to accept antennas mounted at varying heights;

[7] Towers shall not be artificially lighted unless required by the Federal Aeronautics Administration or other applicable authority, and if lighting is required, it shall be designed in a manner so as to cause the least amount of disturbance as possible to any affected viewshed or property owners;

[8] Towers shall comply with the obstruction and marking requirements of the Federal Aeronautics Administration in cooperation with the Federal Communications Commission, and if dual lighting systems are proposed for use, white strobe lighting only shall be used during daylight hours and red strobe lighting only shall be utilized during night hours;

[9] No signs, other than warning or equipment information signs, shall be located on a tower;

[10] Towers shall be set back from lot lines, easements, and streets (roads) a minimum of 105% of the tower's height, including antennas and lights, except as modified by § 66.0404(2)(g), Wis. Stats. If any portion of a lot is being leased for the tower, the boundary of the leased area shall be considered the lot line. Appurtenances shall comply with the requirements of the zoning district in which they are located;

[11] A tower's minimum and maximum height shall be as follows:

[a] Monopole: 200 feet or more;

[b] Monopole and self-support: 201 feet to 300 feet;

[c] Monopole and guy wire: 301 feet or greater.

[12] A tower shall be sited not less than 5,280 feet from another whether located in the City or an adjacent local government unit, unless for reasons beyond the applicant's control, such as unusual or unique topography, with distances between towers measured by a straight line between the base of the towers;

[13] Towers and antennas shall be shielded, filtered, and grounded in a manner consistent with Federal Communications Commission and the Electronic Industries Association guidelines so as to minimize the possibility of interference with locally received transmissions;

[14] Appurtenances shall be placed underground if feasible given site conditions and screened from view by suitable vegetation, except where a design of nonvegetative screening better reflects and complements the character of the surrounding area. The tower base and appurtenances shall be fenced with materials impervious to sight and secured so as to make the site inaccessible to the general public. Fencing shall not exceed six feet in height and shall be painted or coated in nonreflective material;

[15] The applicant shall demonstrate that the equipment planned for the proposed tower cannot be accommodated on an existing tower. The City may determine that it is necessary to consult with a third party considering the feasibility of accommodating said equipment on an existing tower, with all reasonable costs and expenses associated with such consultation borne by the applicant. The applicant may provide names to the City of qualified third-party consultants. The consultant shall undertake due diligence and provide a report with sufficient data to substantiate all of the following:

[a] No existing towers are located within the geographic region required to meet the applicant's engineering requirements;

[b] Existing towers are not of sufficient height to meet the engineering requirements;

[c] Existing towers do not have the structural capacity to support the applicant's proposed equipment and the existing tower cannot be reinforced, modified, or replaced to accommodate said equipment at a reasonable cost;

[d] Locating new equipment on an existing tower would cause interference affecting the usability of the other existing or planned equipment at the tower or the existing equipment would cause interference with the applicant's proposed equipment and the interference cannot be prevented at a reasonable cost; and

[e] The fees, cost, or contractual provisions required to share an existing tower are cost prohibitive.

[16] Antennas mounted on buildings or structures not built specifically for the purpose of mounting said antennas shall meet all of the following:

[a] No antenna, including all mounting structures, lights, and any additional equipment, shall exceed 10 feet above the roof surface upon which it is mounted;

[b] No more than four nonreflective panel antennas shall be installed, with the total area of antennas per provider not to exceed 1,440 square inches, and no single antenna to exceed 480 square inches;

[c] All antennas and support buildings/structures shall be screened from view and architecturally compatible with the building or structure on which it is mounted; and

[d] All equipment enclosures shall be located underground if site conditions permit, or located within the building/structure on which the antenna is mounted, and said equipment shall be architecturally compatible with the building/structure.

[17] The tower owner shall offer space for additional antennas at current market rates, if collocation is undertaken; and

[18] The application shall comply with all applicable aspects of the City's Building Code and Zoning Ordinances.

(5) Recommendation and action. After review, the Plan Commission shall take action at a public hearing no later than 90 days from the date on which the applicant was notified that the application was complete to approve, approve with conditions, or deny with substantial evidence the CUP application.

(6) Issuance or denial notification.

(a) The applicant shall be notified, in writing, of the final decision within 10 days of the Plan Commission's action. If the Plan Commission's decision is to disapprove the application, a written notification with substantial evidence which supports such decision shall be sent to the applicant.

(b) If the CUP application is approved, the CUP shall be subject to all of the following:

[1] A performance bond in the amount of $20,000 to guarantee that the tower/antenna and appurtenances will be removed when no longer in operation. The City will be named as obligee in the bond and must approve the bonding company; and

[2] Stipulation of submittal of a tower/antenna annual information review report (hereafter "report") on a form provided by the City, on or before January 31 of each year. The purpose of the report is to provide the City with accurate current information concerning the tower/antenna owner(s) and provider(s) offering or providing wireless communication services within the City, and information on the wireless communication tower facilities so operated or utilized, so as to assist the City in administration and enforcement of this section and ensuring City compliance with City, Rock County, state and federal standards and requirements. The report shall include all of the following: tower/antenna owner and operator name(s), address(s), phone number(s), and relevant contact person(s); proof of bond and proof of insurance; and number of collocation positions designated, occupied, or vacant in the City, and evidence of compliance with this chapter.

(c) The Plan Commission 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 in Subsection D(2)(h).

(d) A party who is aggrieved by the final decision of the Plan Commission may bring an action in the circuit court of the county in which the proposed activity, which is the subject of the application, is to be located.

E. Abandonment. Any tower or antenna not in operation for a continuous period of 12 months shall be deemed abandoned. The City shall provide said tower and antenna owner written notice requiring removal of the tower, antenna, and associated buildings and structures (hereafter collectively "appurtenances") within 90 days of receipt by the owner of said notice. If the owner wishes to resume tower or antenna use after the tower or antenna has been deemed abandoned, the owner shall apply for a new CUP in accordance with the application process identified in this chapter. If a new tower and antenna CUP is denied in accordance with said application process, the tower or antenna owner shall remove the tower, antenna, and appurtenances within 90 days of denial action, with the owner restoring the area on which the tower, antenna, and appurtenances were located to the manner existing prior to installation. If the tower, antenna, and appurtenances are not removed within said ninety-day period, they shall be removed by the City at the owner's expense. If a single tower is utilized by two or more entities, this provision shall not become effective until all said entities cease operation.

F. Inspection. All towers or antennas issued a CUP in accordance with this chapter may be inspected annually by the Zoning Administrator to determine compliance with this chapter and any other applicable laws or regulations. Deviation from original construction parameters for which the CUP was issued shall constitute a violation, subject to the penalties in § 480-99 of the Zoning Ordinance.