(a) Purpose and intent.
(1) The purpose and intent of this section is to strike a balance between the state and federal interest concerning the construction, modification, and siting of mobile service facilities and mobile service support structures for use in providing personal wireless services, and the village’s interest in:
a. Protecting residential areas and land uses from the potential adverse impacts of towers and antennas;
b. Minimizing the total number of towers throughout the community;
c. Encouraging the joint use of new and existing tower sites as a primary siting option rather than construction of additional single-use towers; and
d. Avoiding potential damage to adjacent properties from tower failure through engineering and careful siting of tower structures.
(2) This section establishes regulations for:
a. The siting and construction of any new mobile service support structure and facilities;
b. With regard to a Class 1 collocation, the substantial modification of an existing support structure and mobile service facilities; and
c. With regard to a Class 2collocation, collocation on an existing support structure which does not require the substantial modification of an existing support structure and mobile service facilities.
(3) The regulations contained in this section shall be interpreted to comply with Wis. Stats. § 66.0404, and any amendments thereto. Any provisions within the code that conflicts with the village’s authority under Wis. Stats. § 66.0404, shall not be applied to new mobile service support structure and facilities, Class 1 collocation, or Class 2 collocation.
(b) Authority. The village has the specific authority under Wis. Stats. §§ 61.35, 62.23, and 66.0404, to adopt and enforce this section.
(c) Definitions. Unless expressly indicated, all terms in this section shall have the meanings established in Wis. Stats. § 66.0404(1).
(d) Siting and construction of any new mobile service support structure and facilities.
(1) A village zoning permit is required for the siting and construction of any new mobile service structure and facilities. The siting and construction of any new mobile service support structure and facilities is a conditional use in the village obtainable with this permit through the conditional use permit process.
(2) An application for a permit to engage in the siting or construction of a new mobile service support structure and facilities shall be submitted in writing to the Zoning Administrator, Clerk, and highest elected official, as appropriate. The Zoning Administrator, Clerk, and highest elected official, as appropriate, shall submit a copy of the application to the Building Inspectors for review and recommendation on all structural requirements. The application shall contain the following information.
a. The name and business address of, and the contact individuals 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 the 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 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.
g. If the application is to construct a new mobile service support structure, the application shall demonstrate that the structure will be located a distance from any residential dwelling structure that is equal to the height of the mobile service support structure, plus ten feet measured from the base of the support structure to the nearest portion of the residential dwelling structure (including roof overhangs, porches, and patios). Alternatively, the applicant may demonstrate through submittal of an engineering certification showing that the mobile service support structure is designed to collapse within a smaller distance than the height of the structure.
h. The fee for the permit shall be as established in the village fee schedule (but may not exceed $3,000, per Wis. Stats. § 66.0404(4)(d)).
(3) The Zoning Administrator, Clerk, and highest elected official, as appropriate, shall inform the applicant within ten days of receipt of the application if the application is not complete. Notification shall be in writing and shall specify in detail the information that was incomplete.
(4) Within 90 days of receipt of a completed application, the Zoning Administrator, Clerk, and highest elected official, as appropriate, shall issue a written decision to approve or deny the application. If the application is denied, the written decision shall set forth the reasons for denial based upon substantial evidence. The Zoning Administrator, Clerk, and highest elected official, as appropriate, and the applicant may agree in writing to an extension of the 90-day period.
(5) Decisions to deny an application shall be supported by substantial evidence. Such evidence shall be included in the written decision.
(6) Pursuant to Wis. Stats. § 66.0404(2)(f), the decision of the Zoning Administrator, Clerk, and highest elected official, as appropriate, or of the Village Board under subsection (d)(4) above, is a final decision appealable to circuit court.
(e) Class 1 collocation.
(1) A village zoning permit is required for a Class 1 collocation. A Class 1 collocation is a conditional use in the village obtainable with this permit through the conditional use permit process of this chapter.
(2) An application for a permit to engage in a Class I collocation shall be completed by the applicant and submitted in writing to the Zoning Administrator, Clerk, and highest elected official, as appropriate. The application must contain, at a minimum, the following information.
a. The name and business address of, and the contact individuals 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. The fee for the permit shall be as established in the village fee schedule (but may not exceed $3,000, per Wis. Stats. § 66.0404(4)(d)).
(3) The Zoning Administrator, Clerk, and highest elected official, as appropriate, shall inform the applicant within ten days of receipt of the application if the application is not complete. Notification shall be in writing and shall specify in detail the information that was incomplete.
(4) Within 90 days of receipt of a completed application, the Zoning Administrator, Clerk, and highest elected official, as appropriate, shall issue a written decision to approve or deny the application. If the application is denied, the written decision shall set forth the reasons for denial based upon substantial evidence. The Zoning Administrator, Clerk, and highest elected official, as appropriate, and the applicant may agree in writing to an extension of the 90-day period.
(5) Decisions to deny an application shall be supported by substantial evidence. Such evidence shall be included in the written decision.
(6) Pursuant to Wis. Stats. § 66.0404 (2)(f), the decision of the Zoning Administrator, Clerk, and highest elected official, as appropriate, or of the Village Board under subsection (d)(4) above, is a final decision appealable to circuit court.
(f) Class 2 collocation.
(1) A village zoning permit is required for a Class 2 collocation. A Class 2 collocation is a permitted use in the village, but still requires the issues of a village building and zoning permit.
(2) An application for a permit to engage in Class 2 collocation shall be completed by the application and submitted in writing to the Zoning Administrator, Clerk, and highest elected official, as appropriate. The application must contain, at a minimum, the following information.
a. The name and business address of, and the contact individuals for, the applicant.
b. The location of the proposed or affected support structure.
c. The location of the proposed mobile service facility.
(3) The Zoning Administrator, Clerk, and highest elected official, as appropriate, shall inform the applicant within five days of receiving the application if the applicant is not complete. Notification shall be in writing and shall specify in detail the information that was incomplete.
(4) Within 45 days of receipt of a completed application, the Building Inspector shall issue a written decision to approve or deny the application, except that the Zoning Administrator, Clerk, and highest elected official, as appropriate, and the applicant may agree in writing to an extension.
(5) Decisions to deny an application shall be supported by substantial evidence. Such evidence shall be included in the written decision.
(6) Pursuant to Wis. Stats. § 66.0404(2)(f), the decision of the Zoning Administrator, Clerk, and highest elected official, as appropriate, or of the Village Board under subsection (d)(4) above, is a final decision appealable to circuit court.
(g) Abandonment.
(1) If a mobile service support structure shall cease to be used for a period exceeding one year and a day, it shall be considered abandoned. The owner or operator of said structure shall remove the structure and related improvements upon at no cost to the village within 90 days thereafter, and return the site to an erosion and dust-free condition. Prior to the issuance of any building or zoning permits to construct the support structure, a performance bond shall be provided to guarantee that a support structure that has ceased being used for mobile service facilities purposes is removed. The bond amount shall be the lesser of $20,000 or an amount based on a written estimate of a person qualified to remove such structures. Responsibility to remove the abandoned structure may be assigned to the owner of the property upon which the structure is located of any other mobile service provider with facilities on the structure upon notice to the Zoning Administrator, Clerk, and highest elected official, as appropriate, that such assigned have been made, and accepted and filing of a new bond for the new responsible party. Notwithstanding the forgoing, the owner of property upon which the structure sits may be held jointly and severally liable by the village for the obligation and cost of removal of any abandoned structure and in the event the structure is not removed in accordance with this section, upon 60 days’ notice, the village may cause the structure to be removed and assess the cost thereof to the property under Wis. Stats. § 66.0627.
(h) Structural requirements. Every mobile service support structure and mobile service facility shall be designed and constructed so as to comply with the requirements of Title 15 of the village’s code of ordinances, and International Building Code (IBC) 3108, as amended from time to time. If, upon inspection, the Building Inspector concludes that a structure of facility fails to comply with such codes in effect at the time of construction, and constitutes a danger to persons or property, then upon notice being provided to the owner of the structure or facility, the owner shall have 30 days or such time as determined by the Building Inspector to bring such tower into compliance with said codes. Failure to bring such structure or facility into compliance within said 30 days or such time as determined by the Building Inspector shall constitute grounds for the removal of the structure or facility at the owner’s expense.
(i) Tower and building design. All new mobile service support structures and facilities shall be designed as follows.
(1) Mobile service facilities and mobile service support structures shall be constructed out of metal or other nonflammable material.
(2) Mobile service facilities and mobile service support structures shall ensure that sufficient anti-climbing measures have been incorporated into the facility, as needed, to reduce potential for trespass and injury.
(3) Emergency back-up generators shall be completely enclosed on all sides. Other efforts to mitigate noise from such generators may be required.
(4) All new mobile service support structures shall be structurally and electrically designed to accommodate at least three separate antenna arrays, unless credible evidence is presented that said construction is economically and technologically unfeasible. Multiple-user mobile service support structures shall be designed to allow for future rearrangement of antennas and to accept antennas mounted at varying heights. Parking areas, access roads, and utility easements shall be shared by site users.
(5) Mobile service support structures are not subject to the height restrictions established for any district in which they are located.
(j) Location. A good faith effort in achieving collocation shall be required of the applicant and host entity, subject to existing collocation contracts, and all of the following measures shall be implemented for new mobile service support structures and Class 1 collocations.
(1) No mobile service support structure shall be installed closer than one-fourth mile from another mobile service support structure, measured from the base of the existing structure to the base of the proposed structure, unless the applicant provides a sworn statement from an individual who has responsibility over the placement of the mobile service structure attesting that collocation within the applicant’s search ring:
a. Would not result in the same mobile service functionality, coverage, and capacity;
b. Is technically infeasible; or
c. Is economically burdensome to the mobile service provider.
(2) Mobile service support structure(s) may be located on a lot in a residential district, only if said lot is greater than two acres in area and the principal use is other than residential.
(3) Mobile service support structures towers, guy wires, appurtenant equipment, and buildings shall comply with the yard and setback requirements of the zoning district in which they are located.
(4) a. Mobile service support structures shall be located no closer to any residential dwelling structure than a distance that is equal to the height of the mobile service support structure and attached facilities (including possible future collected facilities) plus ten feet measured from the base of the support structure to the nearest portion of the residential dwelling structure (including roof overhangs, porches and patios) unless the applicant demonstrates through submittal of an engineering certification showing that the mobile service support structure is designed to collapse within a smaller distance than the height of the structure and attached facilities (including possible future collected facilities).
b. Unless the Building Inspector can demonstrate by substantial evidence that the engineering certification is flawed, the mobile service support structure shall be located no closer to any residential dwelling structure than zone of collapse established by the engineering certification, plus ten feet.
(Ord. passed 1-18-2021)