The purpose of this article is to provide a thorough and consistent set of standards for the siting and installation of wireless telecommunications facilities in the various zoning districts in which they may be allowed and more generally to protect the public health, safety, welfare, aesthetics and natural environment of the Village in such a manner that does not unduly interfere with the placement and construction of said facilities. More specifically, the intent of this article is to:
A. 
Mitigate the potential for adverse visual impacts caused by wireless telecommunications facilities through design and siting standards.
B. 
Ensure that a business environment characterized by high service quality, competition and nondiscrimination prevails with regard to wireless telecommunications services in a manner consistent with the Federal Telecommunications Act of 1996.
C. 
Establish a clear process for obtaining necessary permits for wireless telecommunications facilities that adequately protect the interests of the citizens of the Village while minimizing the burden of compliance to service providers.
D. 
Protect environmentally and aesthetically sensitive areas of the Village by restricting the design, height, location and operation of wireless telecommunications facilities in these areas and by promoting their disguise, camouflage, screening or other design treatments intended to minimize their obtrusiveness.
E. 
Encourage use of multiple-antenna alternative support structures such as buildings and water towers as an alternative to stand-alone, single-use, single-provider structures, and require good-faith attempts for co-location of facilities.
The requirements of this article shall apply to all new wireless telecommunications facilities that had not received a building permit prior to adoption of this article. Wireless telecommunications facilities which preexist this article or have been legally permitted prior to its adoption shall not be required to meet the requirements contained herein. This article is not intended to regulate residential satellite dishes that are 36 inches or less in diameter, residential television antennas, or amateur radio facilities. This article shall not be construed as to override additional or more stringent federal or State of Wisconsin requirements, including but not limited to any regulations or restrictions imposed by the State Bureau of Aeronautics, the Federal Communications Commission (FCC), or the Federal Aviation Administration (FAA).
Article III identifies the zoning districts in which wireless telecommunications facilities may be allowed and what types of facilities are allowed as permitted or conditional uses. In no case shall a wireless telecommunications facility be located in or on districts or sites listed on the State or National Register of Historic Places, or within environmental corridors, wetlands, floodplains or critical species habitats mapped by the Southeastern Wisconsin Regional Planning Commission, Wisconsin Department of Natural Resources, or through more detailed field surveys.
In zoning districts where they are allowed, the first wireless telecommunications facility to be located on an alternative support structure and all new freestanding wireless communication facilities shall require a conditional use permit and shall meet the standards in this article and Article IV to obtain approval. In zoning districts where they are allowed, the second or greater wireless telecommunications facility to be located on an alternative support structure already supporting a wireless telecommunications facility or on a preexisting wireless telecommunications facility shall be allowed as a permitted use, except that any addition or extension to an existing wireless telecommunications facility that adds more than 10 feet to the overall height of the existing facility or alternative support structure shall require a conditional use permit. In zoning districts where wireless telecommunications facilities are allowed, wireless telecommunications support facilities shall be allowed as permitted accessory uses upon the establishment of the principal facility.
With the application for conditional use permit for a wireless telecommunications facility, the petitioner shall submit all information required under Article IV, along with the following additional information:
A. 
The identity, legal status, signature and contact information of the carrier, service provider, petitioner and landowner.
B. 
FCC license and registration numbers, if applicable.
C. 
A report prepared by a Wisconsin-licensed engineer certifying the structural design of the telecommunications facility and its physical ability to accommodate, either initially or at some time in the future, a total of at least three antenna arrays for separate providers.
D. 
In the case of a leased site, a lease agreement, option or binding lease instrument which does not preclude the lessee from entering into subleases on the site at market rates with another co-locating provider(s) and includes the legal description and amount of property leased.
E. 
For a proposed wireless telecommunications facility within a one-mile radius of an airport, copies of an affidavit of notification indicating that the airport operator and airport property owner have been notified via certified mail, along with copies of the determination of no hazard from the FAA or any other findings of the Wisconsin State Bureau of Aeronautics, such as they may apply.
F. 
Proof of a satisfactory level of liability insurance coverage, with the Village of Neshkoro listed as an additional named insured party.
G. 
Certified statement and map prepared by a licensed radio frequency engineer showing the coverage area of the proposed facility.
H. 
For a wireless telecommunications facility that requires a conditional use permit, a feasibility analysis that identifies at least three alternative sites, preexisting freestanding wireless telecommunications facilities and/or alternative support structures that could technically support a comparable level of service. The intent of this analysis is to present options to minimize the number, size and adverse environmental impacts of wireless telecommunications facilities. The analysis shall specifically address the potential for co-location on preexisting freestanding wireless telecommunications facilities and the use of alternative support structures. It shall also explain the rationale for selection of the proposed site in view of the relative merits of the alternatives. Approval of the project is subject to the Plan Commission's determination that the chosen site is more advantageous than any other alternative site that is both technically feasible and available for use. The Plan Commission may choose to independently verify the findings of this analysis at the applicant's expense.
I. 
For a wireless telecommunications facility that requires a conditional use permit, a performance bond in the amount of $20,000 naming the Village as obligee, as security for the potential future removal of abandoned or inactivated facilities.
J. 
For a wireless telecommunications facility that would be set back from any property line or principal building a distance less than the height of the facility, including the height of any alternative support structure, an analysis prepared by a licensed structural engineer demonstrating that the facility would not pose a threat to the public, existing principal buildings, or adjacent properties in the event of failure.
K. 
The amount and location of any fuel proposed to be stored on site.
L. 
Any other information that the Zoning Administrator or Village Clerk-Treasurer may deem necessary.
A. 
In its review of alternative sites considered by the petitioner, the Plan Commission shall prioritize reasonable alternatives that involve co-locating the new facility on an existing freestanding wireless telecommunications facility or locating the new facility on an alternative support structure, such as a tall building, water tower, smokestack or electrical transmission tower. Co-location or use of an alternative support structure shall not be required on any facility or structure not structurally designed to accommodate a new wireless telecommunications facility.
B. 
All freestanding wireless telecommunications facilities issued a conditional use permit after the effective date of this article, known hereinafter as "host facilities," shall make available space for the co-location of telecommunications antennas or antenna arrays for at least two additional competing wireless telecommunications providers, including space for wireless telecommunications support facilities. This requirement does not apply if the owner or operator of the host facility can demonstrate, to the satisfaction of the Plan Commission, that the placement of the additional antennas or equipment would impair or disrupt, for a significant period of time, the service provided by the host facility.
C. 
Where a wireless telecommunications facility provider proposes to utilize an alternative support structure, the provider shall make available space for the co-location of telecommunications antennas or antenna arrays for at least two additional competing wireless telecommunications providers and shall thereafter be considered a host facility. If the Plan Commission determines, based on evidence supplied by the applicant, that the proposed facility or alternative support structure is not structurally sound or not otherwise appropriate for additional antennas or arrays, the Commission may waive this requirement.
D. 
All new wireless telecommunications facilities and sites shall be designed to promote sharing of both tower space and ancillary facilities such as access roads, parking areas, buildings and utilities.
E. 
The owner or operator of the host facility shall make co-location space reasonably available to other competing providers at prevailing market lease rates for the industry. Failure to comply with this provision shall be grounds for revocation of the conditional use permit.
F. 
Alternative support structures must be at least 50 feet in height to be a considered for the addition of a wireless telecommunications facility, not including the height of any architectural projections. The Plan Commission may deny the placement of numerous wireless telecommunications facilities on a single alternative support structure if it determines that such placement would have a negative aesthetic, architectural, public safety, or operational impact.
G. 
Wireless telecommunications facilities located on alternative support structures shall be considered accessory uses.
All wireless telecommunications facilities shall be designed and sited in such a manner to minimize or avoid adverse safety, aesthetic or environmental effects per the following requirements:
A. 
Compliance with all applicable restrictions. All wireless telecommunications facilities shall comply with all Village, state and federal regulations, restrictions, codes, standards and power density limits, including other Village zoning ordinance standards.
B. 
Materials. Wireless telecommunications facilities shall be constructed of metal or other nonflammable material, and freestanding facilities shall be self-supporting monopoles or lattice towers, unless otherwise permitted by the Plan Commission. Material color shall blend with surroundings.
C. 
Placement. All wireless telecommunications facilities and support facilities shall be located and installed in such a manner to minimize disturbance to, take advantage of, or locate behind existing topography and vegetation to minimize visual impact on surrounding properties and public rights-of-way. No wireless telecommunications facility shall be placed in a location that would physically obstruct or otherwise interfere with the full use of other wireless telecommunications facilities, residential satellite dishes, residential television or radio antennas, or amateur radio facilities.
D. 
Setback. The minimum setback of a new wireless telecommunications facility from all property lines and principal buildings on the site shall equal the height of the wireless telecommunications facility, including the height of any alternative support structure. A setback below this minimum may be considered by the Plan Commission based on submittal of a structural engineering analysis demonstrating that the facility would not pose a threat to the public, existing principal buildings, or adjacent properties in the event of failure. All wireless telecommunications support facilities shall be set back from property lines the same distance as required for principal buildings in the zoning district.
E. 
Height. The maximum height above existing grade for any freestanding wireless telecommunications facility, including all antennas, shall be 250 feet. Any wireless telecommunications facility mounted on an alternative support structure may extend no greater than 50 feet above the height of an alternative support structure that is less than 200 feet in height, or no greater than 10 feet above the height of an alternative support structure that is 200 feet in height or greater. The Plan Commission may approve waivers to such height limitations if necessary to facilitate co-location of facilities.
F. 
Wireless telecommunications support facilities. All wireless telecommunications support facilities shall be located within enclosed buildings or fully screened rooftop locations. Such accessory buildings shall not exceed 15 feet in height and 1,200 square feet in area, unless otherwise permitted by the Plan Commission to facilitate co-location. The design and exterior surfacing of all such buildings or rooftop screening structures shall be in harmony with the existing or desired architecture for the area. The exterior walls of all such buildings shall be masonry, stone, stucco, precast concrete, or other similar surface.
G. 
Signage. No commercial message or signage shall be allowed at or on any wireless telecommunications facility, wireless telecommunications support facility, or site used for a wireless telecommunications facility.
H. 
Driveways. Access driveways shall be surfaced in accordance with the requirements of Chapter 238 of the Code.
I. 
Landscaping and fencing. The site including the wireless telecommunications facility shall be attractively landscaped, with particular emphasis on landscaping near buildings, tower foundations, and driveways. New vegetation for screening purposes shall be a minimum of five feet in height upon planting and shall be located on the outside of any required fencing. The base of all freestanding wireless telecommunications facilities shall be enclosed with security fencing, unless the applicant provides other acceptable improvements designed to secure the base of the facility (tower) from public access.
Any wireless telecommunications facility not continuously operating for a period of 12 months shall be considered abandoned and shall be removed (along with its wireless telecommunications support facilities) within 90 days of receiving an order to remove from the Zoning Administrator. The cost of removal and site restoration shall be borne entirely by the permit holder. In the event that the permit holder fails to remove the facility, the Village may cash the required performance bond and remove the facility and all support facilities itself.
A. 
All wireless telecommunications facilities granted a conditional use permit approval after the effective date of this article shall remain in compliance with approved plans, conditions of approval, the provisions of this article as they existed at the time of permit approval, and applicable standards of Article IV. The permit holder shall be responsible for the continued maintenance and/or replacement of all buildings, fencing, landscaping and other site improvements.
B. 
The permit holder for all wireless telecommunications facilities granted conditional use permit approval after the effective date of this article shall file an annual report with the Zoning Administrator demonstrating continued compliance with approved plans, conditions of approval, the provisions of this article as they existed at the time of permit approval, and the standards of Article IV. The petitioner shall also demonstrate that the term of any performance bond or liability insurance policy required under § 500-86I shall remain in effect for at least two years from the date the annual report is submitted. Such report shall be filed within 30 days of the original month of conditional use permit approval.
C. 
Failure to comply with Subsections A and B above may be grounds for revocation of the permit, penalties pursuant to § 1-4 of the Code, or both.