[HISTORY: Adopted by the Town Board of the Town of New Glarus 7-1-2008. Amendments
noted where applicable.]
The purposes of this chapter are to:
A.
Accommodate and regulate the communication needs of the residents
and businesses while protecting the public health, safety and general
welfare; subject to reasonable restrictions under this chapter, Green
County Ordinance, Chapter 10, other applicable Town ordinances and
Village of New Glarus Extraterritorial Zoning Code;
B.
Facilitate the provision of wireless communication facilities through
careful siting and design standards, consistent with the U.S. Communications
Act of 1996;
C.
Minimize adverse effects of wireless communication facilities through
land use planning standards;
D.
Avoid potential damage to adjacent properties from the construction
and operation of wireless communication facilities and towers, through
structural standards and setback requirements; and
E.
Maximize the use of existing and approved towers, buildings or structures
to accommodate new wireless communication antennas to reduce the number
of towers needed to serve the public.
The jurisdiction of this chapter shall be limited to all areas
of the Town of New Glarus.
Towers may be constructed in all areas of the Town of New Glarus, with the exception of open space areas designated for cluster development and pursuant to this chapter, Chapter 110 and Green County Ordinance Chapter 11. Chapter XVI of the Village of New Glarus Extraterritorial Zoning Ordinance shall also apply in Extraterritorial Zoning area.
As used in this chapter, the following terms shall have the
meanings indicated:
American National Standard/Telecommunication Industry Association/Electronic
Industrial Association.
Any device or equipment used for the transmission or reception
of electromagnetic waves, which may include onmidirectional antenna
(rod), directional antenna (panel) or parabolic antenna (disc).
Any person, provider, firm, partnership or company who files
an application for any permit required by this chapter for the construction,
replacement, or alteration of a communication tower or facility or
any component thereof.
The attachment of more than one antenna or antenna array,
or more than one FCC-regulated service provider on the same supporting
structure (tower).
Town of New Glarus Land Planning Committee.
Include but are not limited to broadcast towers, including
TV, FM, low-power TV (LP TV) stations, and low-power FM stations,
and wireless communications towers. Communications towers do not include
amateur radio.
Federal Aviation Administration.
Federal Communications Commission.
The distance measured from ground level to the highest point
on a tower or structure, including any antenna, including the extension
to maximum height of any portion of the antenna.
A 68 kV or greater electric transmission line with towers
at least 75 feet in height.
Permit applications for same site after initial permit date,
due to renovation, extension and capacity increases.
Modification of a tower which includes any changes primarily
affecting the scope, nature or purpose of the tower, and including,
but is not limited to additions to the height of the tower, additions
of antenna locations or antenna capacity, engineering changes, additions
of guy towers or other stays, or setback condition changes.
Any structure that is designed and constructed primarily
for the purpose of supporting one or more antennas, including guy
towers, monopole towers and self-supporting lattice towers, including
any support thereto. Wireless communication towers are included.
Any structure located at the base of a tower for housing
base receiving or transmitting equipment.
Town of New Glarus, Green County Wisconsin, Town Board.
Any personal wireless services as defined in the Federal
Telecommunications Act of 1996, including FCC-licensed commercial
wireless telecommunications services such as cellular, personal communication
services (PCS), specialized mobile radio (SMR), enhanced specialized
mobile radio (ESMR), global system of mobile communication (GSM),
paging and similar services. Wireless communications do not include
amateur radio operations.
Municipally owned public safety towers are permitted, provided the owner of said tower has filed for and obtained a Town of New Glarus permit under this chapter. Such towers must be owned and operated by the municipality for a public safety purpose and may be constructed to a maximum height of 450 feet. Such towers must comply with all requirements of this chapter, including setback, security and all other permit requirements specified, except that said towers shall not be subject to co-location as prescribed in § 200-6C(2) and (3) or fees per § 200-8C.
A.
General. Except as provided in this chapter, all communication towers, antennas, amateur radio operations and wireless (communication) facility towers shall meet the dimensional standards of the Town Land Use Ordinance (Chapter 110), this chapter, the County Chapter 10 or Village of New Glarus' ETZ Ordinance (if applicable).
B.
Setback and separation.
(1)
Generally, tower structures shall be set back from the nearest property
line, or right-of-way line, or public access and public areas including
parks a distance equal to 110% of the height of the tower, including
guy wires, unless exempted. This setback may be reduced to one-half
the height of the tower if the applicant submits a report stamped
by a professional engineer registered in the state of Wisconsin that
certifies that the tower is designed and engineered to collapse upon
failure within the distance from the tower to the property line. After
being permitted, the effective setback to the property lines may not
be reduced by the selling or transferring ownership of land on which
the tower is located.
(2)
Towers shall not be located within 500 feet or 110% of tower height,
whichever is greater, from any residence other than the residence
on the parcel on which the tower is to be located. Permit applications
for towers positioned less than 110% of tower height from residences
located on land owned by the permit applicant, or its lessor of land,
require a signed and notarized affidavit granting such permission
by the resident owner and renter (if applicable). Such affidavit permission
shall be assignable to the heirs and assign of the residence.
C.
Co-location/sharing of facilities.
(1)
No new tower shall be permitted unless the applicant demonstrates
to the reasonable satisfaction of the Committee that no existing tower
or structure can accommodate the applicant's proposed antenna.
Supporting evidence may consist of any of the following conditions:
(a)
No existing towers or structures, or permitted towers not yet
built, are located within the geographic area required to meet the
applicant's engineering requirements.
(b)
Existing towers or structures are not of sufficient height to
meet the applicant's engineering requirements.
(c)
Existing towers or structures do not have sufficient structural
strength to support the applicant's proposed antenna and related
equipment.
(d)
The fees, cost, or contractual provisions required by the owner
to share an existing tower or structure or to adapt an existing tower
or structure for sharing are unreasonable. Costs are considered reasonable
if they conform to contractual terms standard in the industry and
do not exceed the cost of new tower development.
(e)
The applicant demonstrates to the satisfaction of the Committee
and the Town Board that there are other limiting factors that render
existing towers or structures unsuitable.
(2)
New towers shall be designed structurally and electrically to accommodate the applicant's antennas and comparable antennas for at least four additional users, and shall be capable of being extended to a minimum height of 190 feet or the FAA allowed maximum for the site. Towers must also be designed to allow for future rearrangement of antennas on the tower and accept antennas mounted at different heights. This paragraph shall not apply to amateur radio operations or municipal-owned tower per § 200-4.
(3)
The holder of a permit for a new or existing tower shall allow co-location
for at least four additional users and shall not make access to the
tower and tower site, including any ground building complexes, economically
unfeasible for the additional users. If additional user(s) demonstrate
(through and independent arbitrator or other pertinent means, with
the cost to be shared by the holder of the permit and the proposed
additional user) that the holder of a tower permit has made access
to such tower and tower site economically unfeasible, then the existing
permit shall become null and void. This provision shall not apply
to amateur radio operations or municipal owned towers.
(4)
Co-location incentive.
(a)
Applicants for new towers or existing towers shall deposit a
co-location incentive deposit per fee schedule with the Town of New
Glarus. These funds shall be partially refunded to the owner/operator
of the tower when co-locations of additional antennas (as owned by
other companies or individuals) are added to existing structures.
Refund shall be a portion of the deposit as follows:
[1]
Example: Existing tower design capacity is for one initial antenna
plus four future antenna locations (total: five antenna locations;
deposit of $10,000). At some future date beyond initial permit date,
the owner allows addition of two absentee-owned antennas. The refund
would be 2/5 x 10,000 =$4,000.
(b)
No deposit refund would be allowed for any unused remaining
deposit balance. No deposit would be required for re-permit applications
unless additional antenna space was installed after initial permit
date. Re-permit application shall require an additional co-location
incentive deposit (per fee schedule) for each four antenna space additions.
E.
Security fencing and signs.
(1)
All towers locations shall be reasonably protected against unauthorized
access. The bottom of the tower from the ground level to 15 feet above
ground, and all guy anchors shall be designed to prevent unauthorized
climbing and shall be enclosed with a minimum of an eight foot high
chain link fence with lockable gate. Gate shall remain locked at all
times when not attended by qualified employees.
(2)
Security lighting for on-ground facilities and equipment is permitted.
(3)
Signs shall be mounted on the fenced enclosure, on or adjacent to
the gate prohibiting entry without authorization, warning of the danger
from electrical equipment and/or unauthorized climbing of the tower,
and identifying the owner of the tower and telephone number for contact
in case of emergency.
F.
Parking and access. Per Green County Chapter 10, adequate parking
spaces shall be provided on each site so that parking on public road
right-of-way will not be necessary. Additional parking may be required
by the Committee if the minimum parking proves to be inadequate. Access
must be provided.
G.
Insurance required. The owner of any communication tower shall maintain
insurance against liability for personal injury, death or property
damage caused by the maintenance and/or operation of the communication
tower with a single combined limit of not less that $1,000,000 per
occurrence and shall name the Town of New Glarus as an additional
insured. The policy shall contain a provision that it may not be canceled
or materially modified without the approval of the Town. The owner
shall provide the Town with a certificate of such insurance upon issuance
of the initial policy and upon each renewal.
H.
Emergency services. The owner of the tower system shall reimburse
the Town for providing emergency services of responding to each incident
at the facility. The owner shall also pay for any specialized equipment
and/or training required to provide emergency service. Emergency services
per fee schedule.
A.
The construction or installation or renovation of any wireless communication
tower requires a Town permit. Wireless communication facilities (other
than towers) require a Town of New Glarus building permit.
B.
Applications. All applications for tower permits for new wireless
communication towers shall include the following information:
(1)
A report stamped by a professional engineer registered in the state
of Wisconsin and other professionals which:
(a)
Certifies that a detailed engineering soils report has been
completed and that the design of the tower foundation is based on
that report.
(b)
Describes the tower height and design, including a cross section,
elevation and foundation design.
(c)
Certifies compliance with applicable structural and electrical
standards.
(d)
Describes the tower's capacity, including the potential
number and type of antennas that it can accommodate.
(e)
Identifies the location of all sites that were considered as
possible alternates to the site being applied for.
(f)
Describes the lighting and/or painting to be placed on the tower
if required by the FCC or FAA.
(g)
Certifies that the applicant or tenant has a valid license from
the FCC to operate the proposed facilities, and identifies both the
class of the license and the license holder, or has attached a duplicate
of the application for said license.
(h)
Describes how the requirements and standards of this chapter
will be met by the proposed tower.
(2)
Facilities permit application (if applicable) information as provided
for its county permit shall be provided.
(3)
Landowner of a leased site shall provide written acknowledgment of
a permit, including terms and conditions of the permit, including
the restoration and reclamation requirements of this chapter. Such
acknowledgment shall be made applicable to all successors, heirs and
assignees.
(4)
Additional information and analysis. The Town Board or the Committee
may employ, on behalf of the Town, an independent technical or legal
expert to review materials submitted by the applicant or to prepare
any additional materials required but not submitted by the applicant,
or to review material provided. Cost shall be at permit applicant's
expense.
A.
A permit will be required for new towers, existing towers (one year
after this chapter is effective), and all tower renovations. Owners
of towers in existence at the effective date of this chapter shall
be required to apply for a permit within one year after this chapter
is effective.
B.
No tower shall be constructed, located, installed, reconstructed,
enlarged, or relocated, including the placement of additional buildings
or other supporting equipment used in connection with the tower without
first obtaining a permit.
C.
Cost for permit shall be in accordance with the Town of New Glarus
Fee Schedule.[1] Applicant shall pay all fees and deposits (per Fee Schedule)
to the Town Clerk prior to receiving a permit. Costs in excess of
escrow amounts shall be billed to applicant and shall be payable within
30 days.
D.
The permit applicant shall provide the Committee with plans and specifications
showing the size and location of all towers, buildings, existing and
planned telephone, electrical lines, wind energy systems, and other
facilities as required by the Committee to show compliance with this
chapter.
E.
The Committee shall consider whether the granting of the Town of
New Glarus permit will interfere with the orderly land use and development
plans of the Town of New Glarus and whether the benefits to the applicant
and the public will exceed any burdens. The Town Board may waive or
reduce the burden on the applicant if the Town Board concludes that
the purpose and intent of this Code are better served thereby.
F.
The Town Board may issue a permit only after holding a public hearing
where all land owners within 1/2 mile of the tower property have been
notified of the public hearing date and purpose.
G.
Fees and escrow amounts are per Town Fee Schedule as approved by
the Town Board.
All permits issued under this chapter shall be transferable,
and all subsequent holders of such permits shall be subject to all
applicable requirements of this chapter and any permit conditions
that may exist. Written notice shall be made to the Committee within
60 days of such transfer.
If any portion of this chapter is adjudged unconstitutional
or invalid by a court of competent jurisdiction, the remainder of
this chapter shall not be affected.
A.
The provisions of this chapter shall be enforced under the direction
of the Town Board and enforcement officers. Any person, firm, company
or corporation who violates, disobeys, omits, neglects or refuses
to comply with any of the provisions of this chapter shall be subject
to a forfeiture as listed in Green County statutes. Each day of violation
shall constitute a separate offense.
B.
Compliance may be enforced by citation, forfeiture or other injunction
order issued to the owner or owner/operator or owners of land affected
by the provisions of this chapter.
C.
The Committee or its agents may, upon written notice to the owners
and/or renters, enter property at any reasonable time to conduct inspections
to determine if all provisions of this chapter have been met.
This chapter shall become effective upon its adoption by the
New Glarus Town Board.
Any system that does not operate for a continuous period of
12 months (excluding time spent on repairs or improvements, which
shall not exceed a total of six months) shall be considered abandoned.
In such circumstances, the following shall apply:
A.
The owner of such system or owner(s) of the property where the site
is located shall remove said tower including all supporting equipment
and building(s) within 60 days of receipt of notice from the Committee
notifying the owner of such abandonment. The Committee may extend
the 60 days required for removal if weather prohibits demolition or
good faith efforts by the owner/operator to obtain a new user are
approved by the Committee. The owner of the tower system or owner
of the property shall take appropriate site reclamation steps to a
below grade depth of four feet. If removal to the satisfaction of
the Committee does not occur within 60 days, or its extension, the
Town Board may order the removal and salvage of said tower and all
supporting equipment and building(s) at the property owner's
expense. If payment is not received from property owner within 60
days of removal, the Town Board may add removal cost to property owner's
property tax bill.
B.
The applicant for a permit under this Code shall submit a copy of
a signed agreement between the property owner and owner of the tower
and supporting equipment and building(s) detailing requirements for
abandonment and subsequent removal. Said agreement shall also identify
that the agreement shall be binding on future property owner(s) and
future owner(s) of a tower and all supporting equipment and building(s).
Said agreement shall also include the legal description of the property
on which the tower and all supporting equipment and buildings shall
be located. The Town may charge the permit holder for the cost of
recording said agreement with the Register of Deeds after a permit
is issued. Copies of agreement shall also be provided to the Town
of New Glarus at the landowner's expense.
C.
The Town Board may require a letter of credit or a payment and performance
bond at the time of receipt notice of abandonment and prior to demolition,
for the removal of towers, buildings, and abandoned equipment.
Permits granted by this chapter may be revoked by the Town Board
if violations of this chapter are committed by the permit applicant,
its heirs or assigns.
A.
The Town Board shall notify applicant and landowners in writing within
10 days following Town Board actions of revocation.
B.
The applicant shall notify the Town Clerk within 90 days of transfer
of ownership of the system or the property. The transfer of title
and property shall not change the rights and duties under this code.
The applicant shall minimize or mitigate any interference with
electromagnetic communications, such as radio, cell tower systems,
and telephone or television signals caused by any tower system. (If
the applicant is a public utility, s. PSC 113.0707 also applies.)
Disturbances shall be reduced to the satisfaction of the affected
parties and the Committee.
