Purpose. Wireless telecommunication antennas may be installed, erected, and maintained pursuant to the provisions of this section. The purpose of this section is to balance the federal interest concerning the construction, modification and placement of telecommunication antennas for use in providing personal wireless service and the legitimate interest of the Village of Elm Grove in administering local zoning. The goals of this section are to minimize adverse impacts and promote public health, welfare and safety.
As used in this section, the following terms shall have the meaning set forth herein and in § 335-94:
- CLASS 1 CO-LOCATION
- The placement of a new Mobile Service Facility on an existing Tower or Support Structure such that the owner of the facility does not need to construct a freestanding Tower or Support Structure for the Mobile Service Facility but does involve Substantial Modification.
- CLASS 2 CO-LOCATION
- The placement of a new Mobile Service Facility on an existing Tower or Support Structure such that the owner of the facility does involve constructing a freestanding Tower or Support Structure for the Mobile Service Facility or involve Substantial Modifications.
- EQUIPMENT COMPOUND
- The area surrounding or adjacent to the base of an existing Support Structure within which a Mobile Service Facility is located.
- MOBILE SERVICE
- Shall have the meaning given in Wisconsin Statutes § 66.040(1).
- MOBILE SERVICE FACILITY
- Set of equipment, Structures and network components, including Wireless Communication Antennas, transmitters, receivers, base stations, power supplies, cabling and associated equipment, necessary to provide mobile service to a discrete geographic area, but does not include the underlying support structure.
- MOBILE SERVICE PROVIDER
- Shall have the meaning as defined in Wisconsin Statutes § 66.0304. It is a person who provides Mobile Service.
- MOBILE SERVICE SUPPORT STRUCTURE
- A freestanding structure that is designed to support a Mobile Service Facility.
- SEARCH RING
- 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 relevant factors including topography and the demographics of the service area.
- SUBSTANTIAL MODIFICATION
- The modification of a mobile service Support Structure, including the mounting of a Wireless Communication Antenna on such structure that does any of the following:
- (1) For a structure with an overall height of 200 feet or less, increases the overall height of the structure by more than 20 feet.
- (2) For a structure with an overall height of more than 200 feet, increases the overall height of the structure by 10% or more.
- (3) Increases the width of the tower by 20 feet or more (measured at the level of the appurtenance added to the structure as a result of the modification), unless a larger area is necessary for co-location.
- (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, or enclose, including a tower, Structure utility pole, water tower, building or other structure.
- Any structure that is designed and assembled or constructed for the purpose of supporting one or more antennas for telephone, radio, and similar communication purposes, including self-supporting lattice towers, guyed towers or monopole towers.
- WIRELESS COMMUNICATION ANTENNAS
- Any transmitting or receiving device used for commercial purposes and placed or mounted on a Tower, Building or Structure used to radiate or capture wireless communication signals.
Conditional use permit required.
A conditional use permit shall be required for the construction of new Towers and Mobile Service Facilities or Substantial Modifications and Class 1 co-locations that involve existing Towers, Support Structures and Mobile Service Facilities.
Conditional use application shall follow the provisions set forth in § 335-86E, or any amendments thereto, of the Village Code of Ordinances.
General requirements. In addition to the requirements of this section, and § 335-86E, the following standards shall apply to the placement and installation of any Wireless Telecommunication Antennas, Towers, Mobile Service Facilities and Equipment Compounds:
All Wireless Communication Antennas shall meet or exceed current standards and regulations, as amended from time to time, of the FCC and any other agency of the state or federal government with the authority to regulate antennas.
Wireless Communication Antennas shall not exceed 10 feet in height.
The Wireless Communications Antenna, and appurtenant equipment Mobile Service Facility, and Equipment Compound must be of neutral color that is identical to, or closely compatible with, the color of the Supporting Structure so as to make the antenna and related equipment as visually unobtrusive as possible.
No advertising material or signage other than warning or equipment information shall be allowed on any Wireless Communications Antenna, Equipment Compound component, Tower, or Mobile Service Facility. This includes flags, decorative signs, streamers, pennants, ribbons, spinners or waving, fluttering or revolving devices.
Wireless Communication Antennas, Towers and Mobile Service Facilities shall not be artificially illuminated unless required to comply with current FAA or FCC standards. If lighting is required, the lighting alternatives and design chosen must cause the least impacts to the surrounding views.
Any screening necessary to enclose appurtenant antenna equipment shall be of a material, color and design that will reflect the character of the surroundings.
Installation or modification of a Mobile Service Facility that is defined as a Class 2 Co-location shall be required to obtain a permit as specified under Chapter 106 of this Code. The permit applicant shall be required to provide the following information:
Removal of abandoned Wireless Communication Antennas, Towers and Mobile Service Facilities. A Wireless Communication Antenna, Tower or Mobile Service Facility that is not operated for a continuous period of 12 months shall be considered abandoned, and the owner of the structure upon which such Wireless Communication Antenna, or Mobile Service Facility is located shall remove the same within 90 days of receipt of notice from the Village of Elm Grove.
For the purposes of this section, the terms below shall have the following meanings:
- The Village Manager or his or her designee.
- A wireless provider that submits an application.
- A formal request, including all required and requested documentation and information, submitted by an applicant to the Village of Elm Grove for a wireless permit.
- BASE STATION
- The same as in 47 CFR § 1.6100(b)(1), which defines the term to mean a structure or wireless telecommunications equipment at a fixed location that enables FCC-licensed or authorized wireless communications between user equipment and a communications network. This definition does not include towers.
- CO-LOCATE, CO-LOCATE ON, OR CO-LOCATION
- The placement, mounting, replacement, modification, operation, or maintenance of a small wireless facility on, or of ground-mounted antenna equipment adjacent to, a structure.
- ELIGIBLE FACILITIES REQUEST
- The same as in 47 CFR § 1.6100(b)(3), which defines the term to mean any request for modification of an existing tower or base station that does not substantially change the physical dimensions of such tower or base station, involving:
- The Federal Communications Commission.
- The area on, below, or above a highway, as defined in § 340.01(22), Wis. Stats., other than a federal interstate highway; sidewalk; utility easement, other than a utility easement for a cooperative association organized under ch. 185 for purposes of providing or furnishing heat, light, power, or water to its members only; or other similar property; including property owned or controlled by the Department of Transportation.
- SMALL WIRELESS FACILITY
- A wireless facility to which all of the following apply:
- (a) The wireless facility satisfies any of the following:
-  The wireless facility is mounted on a structure 50 feet or less in height, including any antenna.
-  The wireless facility is mounted on a structure no more than 10% taller than any other adjacent structure.
-  The wireless facility does not increase the height of an existing structure on which the wireless facility is located to a height of more than 50 feet or by 10%, whichever is greater.
- (b) Each antenna associated with the deployment of the wireless facility, excluding associated antenna equipment, is no more than three cubic feet in volume.
- (c) All other wireless equipment associated with the wireless facility specified in Subsection (a), including the wireless equipment associated with the antenna and any preexisting associated equipment on the structure, is no more than 28 cubic feet in volume.
- (d) The wireless facility does not require registration as an antenna structure under 47 CFR Part 17.
- (e) The wireless facility is not located on tribal land, as defined in 36 CFR 800.16(x).
- (f) The wireless facility does not result in human exposure to radio frequency in excess of the applicable safety standards specified in 47 CFR 1.1307.
- SUPPORT STRUCTURE
- Any structure capable of supporting wireless telecommunications equipment.
- TECHNICALLY FEASIBLE
- That by virtue of engineering or spectrum usage, the proposed placement for a small or otherwise wireless facility, or its design, concealment measures, or site location can be implemented without a significant reduction in the functionality of same.
- The same as in 47 CFR § 1.6100(b)(9), which defines the term as any structure built for the sole or primary purpose of supporting any Federal Communications Commission (FCC)-licensed or authorized antennas and their associated facilities, including structures that are constructed for wireless communications services, including, but not limited to, private, broadcast, and public safety services, as well as unlicensed wireless services and fixed wireless services such as microwave backhaul, and the associated site. This definition does not include utility poles.
- UNDERGROUND AREAS
- Those areas where there are no electrical facilities or facilities of the incumbent local exchange carrier in the right-of-way; or where the wires associated with the same are or are required to be located underground; or where the same are scheduled to be converted from overhead to underground. Electrical facilities are distribution facilities owned by an electric utility and do not include transmission facilities used or intended to be used to transmit electricity at nominal voltages more than 35,000 volts.
- UTILITY POLE
- A pole that is used in whole or in part by a communications service provider; used for electric distribution, lighting, traffic control, signage, or a similar function; or used for the co-location of small wireless facilities. Utility pole does not include a wireless support structure or electric transmission structure.
- The Village of Elm Grove.
- WIRELESS INFRASTRUCTURE PROVIDER
- Any person, other than a wireless services provider, that builds or installs wireless communications transmission equipment, antenna equipment, or wireless support structures.
- WIRELESS PERMIT OR PERMIT
- A written authorization issued pursuant to this section allowing the placement or modification of a wireless telecommunications facility of a design specified in the permit at a particular location within the right-of-way, and the modification of any existing support structure to which the wireless telecommunications facility is proposed to be attached.
- WIRELESS PROVIDER
- A wireless infrastructure provider or a wireless services provider.
- WIRELESS REGULATIONS
- Those regulations adopted pursuant to Subsection E(2)(a) to implement the provisions of this section.
- WIRELESS SERVICE PROVIDER
- An entity that provides wireless services to end users.
- WIRELESS TELECOMMUNICATIONS EQUIPMENT
- Equipment at a fixed location that enables FCC-licensed or authorized wireless communications between user equipment and a communications network.
- WIRELESS TELECOMMUNICATIONS FACILITY OR FACILITY
- A facility at a fixed location in the right-of-way consisting of a base station, antennas and other accessory equipment, and a tower and underground wiring, if any, associated with the base station.
Definitions in this section may contain quotations or citations to 47 CFR §§ 1.6100 and 1.6002. In the event that any referenced section is amended, creating a conflict between the definition as set forth in this section and the amended language of the referenced section, the definition in the referenced section, as amended, shall control.
Purpose. In the exercise of its police powers, the Village has priority over all other uses of the right-of-way. The purpose of this section is to provide the Village with a process for managing, and uniform standards for acting upon, requests for the placement of wireless telecommunications facilities within the right-of-way consistent with the Village's obligation to promote the public health, safety, and welfare; to manage the right-of-way; and to ensure that the public's use is not obstructed or incommoded by the use of the right-of-way for the placement of wireless telecommunications facilities. The Village recognizes the importance of wireless telecommunications facilities to provide high-quality communications and Internet access services to residents and businesses within the Village. The Village also recognizes its obligation to comply with applicable federal and state laws regarding the placement of wireless telecommunications facilities in the right-of-way, including, without limitation, the Telecommunications Act of 1996 (47 U.S.C. § 151 et seq.), Section 6409(a) of the Middle Class Tax Relief and Job Creation Act of 2012, §§ 182.017 and 196.58, Wis. Stats., and this section shall be interpreted consistent with those provisions.
Applicability. Unless exempted by Subsection C(2), below, every person who wishes to place a wireless telecommunications facility in the right-of-way or modify an existing wireless telecommunications facility in the right-of-way must obtain a wireless permit under this section.
Exempt facilities. The provisions of this section (other than Subsections J through N) shall not be applied to applications for the following:
Installation of a small wireless facility on the strand between two utility poles, provided that the cumulative volume of all wireless facilities on the strand shall not exceed one cubic foot, and provided further that the installation does not require replacement of the strand, or excavation, modification, or replacement of either of the two utility poles linked by the strand.
Installation of a mobile cell facility (commonly referred to as "cell on wheels" or "cell on truck") for a temporary period in connection with an emergency or event, but no longer than required for the emergency or event, provided that installation does not involve excavation, movement, or removal of existing facilities.
Placement or modification of a wireless telecommunications facility on structures owned by or under the control of the Village.
Placement or modification of a wireless telecommunications facility by Village staff or any person performing work under contract with the Village.
Modification of an existing wireless telecommunications facility that makes no material change to the footprint of a facility or to the surface or subsurface of a public street if the activity does not disrupt or impede traffic either vehicular or pedestrian in the traveled portion of a street, and if the work does not change the visual or audible characteristics of the wireless telecommunications facility.
Nondiscrimination. In establishing the rights, obligations, and conditions set forth in this section, it is the intent of the Village to treat each applicant and right-of-way user in a competitively neutral and nondiscriminatory manner, to the extent required by law, while taking into account the unique technologies, situation, and legal status of each applicant or request for use of the right-of-way.
Village Manager. The Village Manager is responsible for administering this section.
Powers. As part of the administration of this section, the Village Manager may:
Adopt and amend wireless regulations and fee schedules governing the placement and modification of wireless telecommunications facilities, which shall be deemed ratified by the Village Board 30 days after notification by the Village Manager of the adoption of any amendments thereto if no trustee requests that any part of an amendment be reconsidered by the entire Board, in addition to but consistent with the requirements of this Chapter, including regulations governing co-location, the resolution of conflicting applications for placement of wireless telecommunications facilities, and aesthetic standards.
Interpret the provisions of this chapter and the wireless regulations.
Develop forms and procedures for submission of applications for wireless permits consistent with this section.
Establish and update fees which encompass all direct and indirect costs and expenses attributable to the evaluation, monitoring and administration of the placement of a small wireless facility, including but not limited to any related permit or fee associated with its placement or installation within any right-of-way.
Collect any fees associated with the administration of any applicable Village chapter or regulation.
Require, as a condition of completeness of any application, notice to members of the public, at the sole expense of the applicant, that may be affected by the placement or modification of the wireless telecommunications facility that is the subject of the wireless permit application.
Establish deadlines for submission of information related to an application, and extend or shorten deadlines where appropriate and consistent with federal laws and regulations.
Issue notices of incompleteness or requests for information in connection with any wireless permit application.
Select and retain, at the sole expense of the applicant, independent consultant(s) or attorney(s) with expertise in telecommunications to review any issue that involves specialized or expert knowledge in connection with any permit application.
Coordinate and consult with other Village staff, committees, and governing bodies to ensure timely action on all other required permits under Subsection F(2)(i) of this section.
Subject to appeal as provided in Subsection H(4) of this section, determine whether to grant, grant subject to conditions, or deny an application.
Take such other steps as may be required to timely act upon wireless permit applications, including issuing written decisions and entering into agreements to mutually extend the time for action on an application.
Format. Unless the wireless regulations provide otherwise, the applicant must submit both a paper copy and an electronic copy (in a searchable format) of any application, as well as any amendments or supplements to the application or responses to requests for information regarding an application, to the Village Manager. An application is not complete until both the paper and electronic copies are received by the Village Manager.
Content. In order to be considered complete, an application must contain:
All information required pursuant to this and other relevant chapters, the wireless regulations and forms and procedures applicable thereto.
A completed application cover sheet signed by an authorized representative of the applicant, agreeing to all necessary permit conditions.
The complete legal name of the applicant (including any corporate or trade name), and the name, address, email address, and telephone number of the main office of the applicant and of a local representative including his/her cell phone number. If the applicant is a wireless infrastructure provider, the name, address, email address, and telephone number of the main office and contact information for the wireless service provider(s) that will be using the wireless telecommunications facility must also be provided.
A statement of which shot clock or shot clocks apply to the application and the reasons the chosen shot clocks apply.
A separate and complete description of each proposed wireless telecommunications facility and the work that will be required to install or modify it, including but not limited to detail regarding proposed excavations, if any; detailed site plans showing the location of the facility and technical specifications for each element of the facility, clearly describing the site and all structures and facilities at the site before and after installation or modification and identifying the owners of such preexisting structures and facilities; and describing the distance to the nearest residential dwelling unit. Before and after 360° photo simulations must be provided for each facility.
At least four photographs taken of each site, support structure, tower or utility pole that is proposed to be used by the applicant showing a view of same from a North, South, East and West perspective.
Proof that the applicant has mailed to the owners of all property within 300 feet of the proposed wireless telecommunications facility a notice that the applicant is submitting an application to the Village for placement or modification of a wireless telecommunications facility in the right-of-way, which notice must include:
A copy of the FCC license for the facility or a sworn written statement from the applicant attesting that the facility will comply with current FCC regulations.
To the extent that filing of the wireless permit application establishes a deadline for action on any other permit that may be required in connection with the wireless telecommunications facility, the application must include complete copies of applications for every required permit (including, without limitation, electrical permits, building permits, traffic control or interruption permits, and excavation permits), with all engineering completed and with all fees associated with each permit.
A certification for each support structure by a registered and qualified engineer that the installation can be supported by and does not exceed the tolerances of the structure on which it will be mounted and that the specific place on the support structure where the wireless telecommunications facility is intended to be placed or mounted is in a suitable condition for such purpose and that all elements of the wireless telecommunications facility comply with applicable safety standards.
Payment of all required fees.
If an applicant should contend that denial of the application would prohibit or effectively prohibit the provision of service in violation of federal law, or otherwise violate applicable law, the application must provide all evidence on which the applicant relies in support of that claim. Applicants may not supplement submitted evidence if doing so would prevent the Village from complying with any deadline for action on an application.
If the application is an eligible facilities request, the application must contain information sufficient to show that the application qualifies as an eligible facilities request under 47 CFR § 1.6100(b)(3), including evidence that the application relates to an existing tower or base station that has been approved by the Village. Before and after 360° photo simulations must be provided with detailed specifications demonstrating that the modification does not substantially change the physical dimensions of the existing approved tower or base station.
Waivers. Requests for waivers from any requirement of this Subsection F shall be made in writing to the Village Manager. The Village Manager may grant a request for waiver if it is demonstrated that, notwithstanding the issuance of the waiver:
The Village will be provided with all information necessary to understand the nature of the construction or other activity to be conducted pursuant to the wireless permit sought; and
The Village will be able to conclude that the Village's obligation to promote the public health, safety and welfare is not compromised by the granting of a waiver.
Fees. The applicant must provide an application fee and shall be required to pay all costs reasonably incurred in reviewing the application, including costs incurred in retaining outside consultants. Fees shall be reviewed periodically and adjusted based on the costs the Village expects to incur, with a review commencing by the first anniversary of the effective date of this section.
Public records. Applications are public records that may be made publicly available pursuant to state and federal public records law. Notwithstanding the foregoing, the applicant may designate portions of the application materials that it reasonably believes contain proprietary or confidential information by clearly marking each portion of such materials accordingly, and the Village shall endeavor to treat the information as proprietary and confidential, subject to applicable state (§§ 19.31 through 19.39, Wis. Stats.) and federal public records law and the Village Manager's determination that the applicant's request for confidential or proprietary treatment of the application materials is reasonable. The Village shall not be required to incur any costs to protect the application from disclosure but can tender the defense of any public records complaint/action to the applicant.
Generally. Wireless telecommunications facilities shall meet the minimum requirements set forth in this Chapter and the wireless regulations, in addition to the requirements of any other applicable law or regulation.
Regulations. The wireless regulations and decisions on wireless permits shall, at a minimum, ensure that the requirements of this Chapter are satisfied, unless it is determined that the applicant has established that denial of an application would, within the meaning of federal law, prohibit or effectively prohibit the provision of telecommunications or personal wireless services, or otherwise violate applicable laws or regulations. If that determination is made, the requirements of this Chapter and the wireless regulations may be waived, but only to the extent required to avoid the prohibition.
Wireless telecommunications facilities shall be installed and modified in a manner that:
Minimizes risks to public safety;
Ensures that placement of facilities on existing structures is within the tolerance and suitability of those structures in consideration of all other fixtures planned for or existing thereon;
Avoids, where technically feasible, placement of facilities in aboveground areas, installation of new support structures or equipment cabinets in the public right-of-way, or placement in residential areas when commercial areas are reasonably available;
Maintains the integrity and character of the neighborhoods and corridors in which the facilities are located;
Ensures that installations minimize the intrusion on the right-of-way;
Ensures that the Village bears no risk or liability as a result of the installations; and
Ensures that the applicant's use does not inconvenience the public, interfere with the primary uses of the right-of-way, or hinder the ability of the Village or other government entities to improve, modify, relocate, abandon, or vacate the right-of-way or any portion thereof, or to cause the improvement, modification, relocation, vacation, or abandonment of facilities in the right-of-way.
Standard permit conditions. All wireless permits under this section are issued subject to the following minimum conditions:
Compliance. The permit holder shall at all times maintain compliance with all applicable federal, state, and Village ordinances and regulations, and other rules. Violation of such provisions may result in forfeitures under Village of Elm Grove Code, § 1-16.
Term. A wireless permit issued pursuant to an eligible facilities request shall expire at the same time the permit for the underlying existing wireless telecommunications facility expires. Otherwise, wireless permits shall be valid for a period of five years from the date of issuance unless revoked pursuant to Subsection I(2) of this section.
Contact information. The permit holder shall at all times maintain with the Village accurate contact information for the permit holder and all wireless service providers making use of the facility, which shall include an office and cell phone number, mailing address, and email address for at least one natural person and his or her backup who shall be available 24/7 in the event of any emergency.
Emergencies. The Village shall have the right to support, repair, disable, or remove any elements of the facilities in emergencies or when the facility threatens imminent harm to persons or property.
Indemnities. The permit holder, by accepting a permit under this section, agrees to indemnify, defend, and hold harmless the Village, its elected and appointed officials, officers, employees, agents, representatives, and volunteers (collectively, the "indemnified parties") from and against any and all suits, actions, legal or administrative proceedings, claims, demands, damages, liabilities, interest, attorneys' fees, costs, and expenses of whatsoever kind or nature in any manner caused in whole or in part, or claimed to be caused in whole or in part, by reason of any act, omission, fault, or negligence, whether active or passive, of the permit holder or anyone acting under its direction or control or on its behalf, even if liability is also sought to be imposed on one or more of the indemnified parties. The obligation to indemnify, defend, and hold harmless the indemnified parties shall be applicable even if the liability results from or in part from an act or failure to act on the part of one or more of the indemnified parties. However, the obligation does not apply if the liability results from the willful misconduct of an indemnified party.
Adverse impacts on adjacent properties. The permit holder shall undertake all reasonable efforts to avoid undue adverse impacts to adjacent properties and/or uses that may arise from the construction, operation, maintenance, modification, or removal of any wireless facility, support structure or wireless telecommunications equipment.
General maintenance. The wireless communications facility or equipment and any associated structures shall be maintained in a neat and clean manner and in accordance with all approved plans and conditions of approval.
Graffiti removal. All graffiti on facilities shall be removed at the sole expense of the permit holder within 48 hours after notification from the Village.
Relocation. At the request of the Village pursuant to Subsection J of this section, the permit holder shall promptly and at its own expense without right of reimbursement permanently remove and relocate any wireless telecommunications facility in the right-of-way.
Abandonment. The permit holder shall promptly notify the Village whenever a facility has not been in use for a continuous period of 60 days or longer and must comply with Subsection K of this section.
Restoration. A permit holder who removes or relocates a facility from the right-of-way must restore the right-of-way in accordance with Subsection L of this section.
Record retention. The permit holder shall retain full and complete copies of all permits and other regulatory approvals issued in connection with the facility, which includes without limitation all conditions of approval, approved plans, resolutions, and other documentation associated with the permit or regulatory approval. In the event the Village cannot locate any such full and complete permits or other regulatory approvals in its official records, and the permit holder fails to retain full and complete records in the permit holder's files, any ambiguities or uncertainties that would be resolved through an examination of the missing documents will be conclusively resolved against the permit holder.
Radio frequency emissions. Every wireless facility shall at all times comply with applicable FCC regulations governing radio frequency emissions, and failure to comply with such regulations shall be treated as a material violation of the terms of a permit issued pursuant to this section.
Certificate of insurance. A certificate of insurance (except an Accord 25) and all necessary endorsements demonstrating to the satisfaction of the Village Attorney that the applicant has named the Village, its officers, agents and employees as an additional insured on a primary and contributing basis for general liability in an amount of not less than $1,000,000 and has provided statutory workers compensation coverage for liability that might arise out of the presence of the facility in the right-of-way.
Application processing and appeal.
Rejection for incompleteness. Notices of incompleteness shall be provided in conformity with state, local, and federal law, including 47 CFR § 1.6003(d), as amended.
Processing timeline. Wireless permit applications [including applications for other permits under Subsection F(2)(i) necessary to place or modify the facility] and appeals will be processed in conformity with the shot clocks set forth in state, local, and federal law, as amended.
Written decision. In the event that an application is denied [or approved with conditions beyond the standard permit conditions set forth in Section 7(d)], the Village Manager shall issue a written decision with the reasons therefor, supported by evidence contained in a written record.
Appeal to Village Board. Any person adversely affected by the decision of the Village Manager may appeal to the Village Board of Trustees in writing detailing the basis for the appeal. An appeal by a wireless infrastructure provider must be taken jointly with the wireless service provider that intends to use the wireless telecommunications facility.
Deadline for appeal.
Appeals that involve eligible facilities requests must be filed within three business days of the written decision of the Village Manager.
All other appeals not governed by Subsection H(5)(a), above, must be filed within 10 business days of the written decision of the Village Manager, unless the Village Manager extends the time therefor. An extension may not be granted where extension would result in approval of the application by operation of law.
Decision deadline. All appeals shall be conducted so that a timely written decision may be issued in accordance with the applicable shot clock.
Expiration and revocation.
Expiration. A wireless permit issued pursuant to an eligible facilities request shall expire at the same time the permit for the underlying existing wireless telecommunications facility expires. Otherwise, wireless permits shall be valid for a period of five years from the date of issuance. Upon expiration of the wireless permit, the permit holder must either:
Revocation for breach. A wireless permit may be revoked for failure to comply with the conditions of the permit or applicable federal, state, county or Village ordinance or regulations or rules. Upon revocation, the wireless telecommunications facility must be removed within 30 days of receipt of written notice from the Village. All costs incurred by the Village in connection with the revocation, removal, and right-of-way restoration shall be paid by the permit holder.
Failure to obtain permit. Unless exempted from permitting by Subsection C(2) of this section, a wireless telecommunications facility installed without a wireless permit must be removed within 30 days of receipt of written notice from the Village. All costs incurred by the Village in connection with the notice, removal, and right-of-way restoration shall be paid by entities who own or control any part of the wireless telecommunications facility.
Relocation. Except as otherwise prohibited by state or federal law, a permit holder shall promptly, and at its own sole expense without right of any reimbursement, with due regard for seasonal working conditions, permanently remove and relocate any of its wireless telecommunications facilities in the right-of-way whenever the Village requests such removal and relocation. The Village may make such a request to prevent the facility from interfering with a present or future Village use of the right-of-way or on a utility pole for designated services per § 66.0414(1)(y), Wis. Stats.; a public improvement undertaken by the Village; an economic development project in which the Village has an interest or investment; when the public health, safety, or welfare require it; or when necessary to prevent interference with the safety and convenience of ordinary travel over the right-of-way. Notwithstanding the foregoing, a permit holder shall not be required to remove or relocate its facilities from any right-of-way that has been vacated in favor of a nongovernmental entity except an abutting property owner, unless and until that entity pays the reasonable costs of removal or relocation to the permit holder.
Cessation of use. In the event that a permitted facility within the right-of-way is not in use for a continuous period of 60 days or longer, the permit holder must promptly notify the Village and do one of the following:
Provide information satisfactory to the Village Manager that the permit holder's obligations for its facilities under this section have been lawfully assumed by another permit holder.
Submit to the Village Manager a proposal and instruments for dedication of the facilities to the Village. If a permit holder proceeds under this Subsection K(1)(b), the Village may, at its option:
Accept the dedication for all or a portion of the facilities;
Require the permit holder, at its own expense, to remove the facilities and perform the required restoration under Subsection L; or
Abandoned facilities. Facilities of a permit holder who fails to comply with Section 11(a) and which, for six months, remain unused shall be deemed to be abandoned. Abandoned facilities are deemed to be a public nuisance. In addition to any remedies or rights it has at law or in equity, the Village may, at its option:
Restoration. In the event that a permit holder removes or is required to remove a wireless telecommunications facility from the right-of-way under this section (or relocate it pursuant to Subsection H), the permit holder must restore the right-of-way to its prior condition in accordance with Village specifications. However, a support structure owned by another entity authorized to maintain that support structure in the right-of-way need not be removed but must instead be restored to its prior condition. If the permit holder fails to make the restorations required by this Subsection L, the Village at its option may do such work. In that event, the permit holder shall pay to Village, within 30 days of billing therefor, the cost of restoring the right-of-way.
Placement on Village-owned or-controlled structures. The Village may negotiate agreements for placement of wireless telecommunications facilities on Village-owned or -controlled structures in the right-of-way. The agreement shall specify the compensation to the Village for use of the structures. The person or entity seeking the agreement shall reimburse the Village for all costs the Village incurs in connection with its review of and action upon the request for an agreement.
Severability. If any section, subsection, clause, phrase, or portion of this section is for any reason held to be illegal or otherwise invalid by any court or administrative agency of competent jurisdiction, such illegal or invalid portion shall be severable and shall not affect or impair any remaining portion of this section, which shall remain in full force and effect.