Village of Kronenwetter, WI
Marathon County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Village Board of the Village of Kronenwetter 8-10-2009 (Ch. 34 of the 2004 Code). Amendments noted where applicable.]
GENERAL REFERENCES
Streets and sidewalks — See Ch. 454.
Subdivision of land — See Ch. 460.
Zoning — See Ch. 520.
A. 
The purpose and intent of this chapter is to provide a uniform and comprehensive set of standards for the development and installation of telecommunication and related facilities. The regulations contained herein are designed to protect and promote public health, safety, community welfare and the aesthetic quality of The Village of Kronenwetter as set forth within the goals, objectives and policies of Chapter 520, Zoning, of the Code of the Village of Kronenwetter, to encourage managed development of telecommunications infrastructure, while at the same time not unduly restricting the development of needed telecommunications facilities.
B. 
It is intended that the Village shall apply these regulations to accomplish the following:
(1) 
Minimize adverse visual effects of telecommunication tower, antenna and related facilities through design and siting standards.
(2) 
Ensure that a competitive and broad range of telecommunications services and high quality telecommunications infrastructure are provided to serve the community, as well as serve as an important and effective part of the Village of Kronenwetter police, fire and emergency response network.
(3) 
Provide a process for obtaining necessary permits for telecommunication facilities while at the same time protecting the legitimate interests of the Village of Kronenwetter citizens.
(4) 
Protect environmentally sensitive areas of Village of Kronenwetter by regulating the location, design and operation of telecommunications facilities.
(5) 
Encourage the use of alternative support structures, co-location of new antennas on existing telecommunication towers, camouflaged towers, monopoles, and construction of towers with the ability to locate three or more providers.
(6) 
Maintain and ensure that a nondiscriminatory, competitive and broad range of telecommunications services and high-quality telecommunications infrastructure consistent with the Federal Telecommunications Act of 1996 are provided to serve the community, as well as serve as an important and effective part of the Village of Kronenwetter police, fire and emergency response network.
C. 
Furthermore, this chapter is not intended to regulate residential satellite dishes or residential television antennas that are used privately. Additionally, it is not intended to regulate satellite dishes/antennas whose regulation is prohibited by Wis. Stats. § 59.69(4d), or its successor sections, of the Wisconsin Statutes.
A. 
In the construction of this chapter, the rules and definitions contained in this section shall be observed and applied, except when the context clearly indicates otherwise. In further amplification and for clarity of interpretation of the context, the following finite definitions of word use shall apply:
(1) 
Words used in the present tense shall include the future; and words used in the singular number shall include the plural number, and the plural the singular.
(2) 
The word "shall" is mandatory and not discretionary.
(3) 
The word "may" is permissive.
B. 
For the purpose of this chapter, certain words or phrases shall have meanings that either vary somewhat from their customary dictionary meanings or are intended to be interpreted to have a specific meaning. Any words not defined in this chapter shall be presumed to have their customary dictionary meaning.
ALTERNATIVE SUPPORT STRUCTURE
Clock towers, steeples, silos, light poles, buildings or similar structures that may support telecommunication facilities.
ANTENNA
Any system of wires, poles, rods, reflecting discs, or similar devices used for the transmission or reception of electromagnetic waves when such system is either external to or attached to the exterior of a structure. Antennas shall include devices having active elements extending in any direction, and directional beam-type arrays having elements carried by and disposed from a generally horizontal boom that may be mounted upon and rotated through a vertical mast or tower interconnecting the boom and antenna support, all of which elements are deemed to be a part of the antenna.
ANTENNA, BUILDING-MOUNTED
Any antenna, other than an antenna with its supports resting on the ground, directly attached or affixed to a building, tank, water tower or structure other than a telecommunication tower.
ANTENNA, GROUND-MOUNTED
Any antenna with its base placed directly on the ground.
ANTENNA, VERTICAL
A vertical type antenna without horizontal cross sections greater than 1/2 inch in diameter.
CAMOUFLAGED TOWER
Any telecommunication tower that due to design or appearance hides, obscures, or conceals the presence of the tower and antennas. The determination of whether a tower is camouflaged shall be made by the Planning Commission.
CARRIER
Entity that provides telecommunications services.
CO-LOCATION
The provision of space for a customer's telecommunications equipment on the service provider's premises.
COMMISSION
The Village of Kronenwetter Plan Commission.
FALL-DOWN RADIUS
The designated area of a telecommunication facility surrounding a telecommunication tower, which, in the event of a structural failure of all or part of the telecommunications tower, would likely contain the failed or collapsed telecommunication tower. This area may also be called the collapse zone.
FCC
The Federal Communications Commission.
GUYED TOWER
A telecommunications tower that is supported in whole or in part by guy wires and ground anchors or other means of support besides the superstructure of the tower itself.
HEIGHT, TELECOMMUNICATIONS TOWER
The distance measured from the original grade at the base of the tower to the highest point of the tower. This measurement excludes any attached antennas and lighting.
LATTICE TOWER
A telecommunication tower that consists of vertical and horizontal supports and crossed metal braces.
MONOPOLE
A telecommunication tower of a single pole design.
NAVIGABLE STREAM OR LAKE
As determined by the Zoning Administrator with concurrence of the WI DNR.
NIER
Nonionizing electromagnetic radiation (i.e., electromagnetic radiation primarily in the visible, infrared, and radio frequency portions of the electromagnetic spectrum).
NONCONFORMING
Any preexisting telecommunications facility that was in existence prior to the adoption of this chapter and that has not been issued a conditional use permit. This definition shall only apply to this specific chapter and shall not apply to other Village of Kronenwetter ordinances.
OPERATION
Other than nominal use; when a facility is used regularly as an integral part of an active system of telecommunications it shall be deemed in operation.
PLATFORM
A support system that may be used to connect antennas and antenna arrays to telecommunication towers or alternative support structures.
PROVIDER
Entity that provides a telecommunication facility.
PUBLIC SERVICE USE OR FACILITY
A use operated or used by a public body or public utility in connection with any of the following services: water, wastewater management, public education, parks and recreation, police, fire and emergency response network, solid waste management, utilities, or highway departments.
SATELLITE DISH
A device incorporating a reflective surface that is solid, open mesh, or bar configured that is shallow dish, cone, horn, or cornucopia shaped and is used to transmit and/or receive electromagnetic signals. This definition is meant to include, but is not limited to, what are commonly referred to as "satellite earth stations," "TVROs" and "satellite microwave antennas."
TELECOMMUNICATION FACILITY
A facility, site, or location that contains one or more antennas, telecommunication towers, alternative support structures, satellite dish antennas, other similar communication devices, and support equipment which is used for transmitting, receiving, or relaying telecommunications signals, excluding those facilities exempted under § 475-3.
TELECOMMUNICATION FACILITY, CO-LOCATED
A telecommunication facility comprised of a single telecommunication tower or building supporting multiple antennas, dishes, or similar devices owned or used by more than one public or private entity.
TELECOMMUNICATIONS EQUIPMENT BUILDING
The telecommunication support facility structure located on a tower site, which houses the electronic receiving and relay equipment.
TELECOMMUNICATIONS TOWER
Any structure that is designed and constructed primarily for the purpose of supporting one or more antennas, including camouflaged towers, lattice towers, guy towers, or monopole towers. This includes radio and television transmission towers, microwave towers, and common-carrier towers. It shall exclude alternative support structures and those facilities exempted under § 475-3.
TELECOMMUNICATION SUPPORT FACILITY
The telecommunication support buildings and equipment cabinets located on a tower site.
UTILITY POLE-MOUNTED ANTENNA
An antenna attached to or upon an existing or replacement electric transmission or distribution pole, street light, traffic signal, athletic field light, or other approved similar structure.
The following shall be permitted without regulation by this chapter, but may be under the regulatory jurisdiction of other Village ordinances, provided that the primary use of the property is not a telecommunications facility and that the antenna use is accessory to the primary use of the property:
A. 
The personal and noncommercial use of all television antenna and satellite dish.
B. 
Amateur radio towers are exempt from the provisions of this chapter, including the installation of any antenna and supporting towers, poles and masts that is owned and/or operated by a federally licensed amateur radio operator or is used exclusively for receive-only antennas.
C. 
Mobile services providing public information coverage of news events of a temporary nature.
D. 
The provisions of this chapter shall not apply to the replacement of an existing lawful tower providing communication services for the State of Wisconsin or any of the state's political subdivisions on the same property as the existing tower, provided that both the existing tower and the replacement tower provide communication services for the State of Wisconsin or any of its political subdivisions. The existing tower must be completely removed from the site upon construction of the replacement tower, and the replacement tower shall not exceed 300 feet in height. The replacement tower must continue to provide communication services for the State of Wisconsin and/or any of its political subdivisions during the life of said tower or the tower shall be promptly removed or come into full compliance with all requirements of this chapter.
A. 
Telecommunications facilities may be considered as a conditional use only in the following zoning districts: AG1, AG2, M1 and M2.
B. 
No telecommunications tower shall be installed on a zoning lot that is not already developed with a telecommunications tower. Unless one of following can be shown to exist:
(1) 
The applicant demonstrates that no tower in the area that the applicant's equipment must be located is of sufficient height to meet applicant's requirements and the deficiency in height cannot be remedied at a reasonable cost; or
(2) 
The existing tower is not of sufficient strength to support applicant's equipment and the deficiency in structural strength cannot be remedied at a reasonable cost; or
(3) 
The applicant's equipment would cause electromagnetic interference with equipment on the existing telecommunications tower(s) within the area in which the applicant's equipment must be located; or
(4) 
The equipment on the existing telecommunications tower(s) would cause interference with the applicant's equipment and the interference, from whatever source, cannot be eliminated at a reasonable cost; or
(5) 
The fees, costs or contractual provisions required by the owner in order to co-locate on an existing communication tower are unreasonable relative to industry norms; or
(6) 
The applicant demonstrates that there are other factors that render existing communication towers unsuitable or unavailable and establishes that the public interest is best served by the placement or construction of a new telecommunications tower.
Telecommunications facilities may be permitted as identified in § 475-4 but are subject to review and approval of the State Bureau of Aeronautics, Marathon County Planning Department and other appropriate agencies.
Locating and constructing a telecommunication tower or a new alternative support structure, including the buildings or other supporting equipment used in connection with said tower, shall require a conditional use permit. The Village Board may authorize the Zoning Administrator to issue a conditional use permit after review and a public hearing by the Commission, provided that such conditional use is in accordance with the purpose and intent of this chapter. Any granted conditional use permit shall require construction to begin within 12 months of the date of issuance and shall expire 24 months after issuance unless the facility permitted is completely constructed and a certificate of compliance is issued as described in § 475-13 of this chapter. The conditional use shall also be in compliance with the conditions required in Chapter 520, Zoning.
A. 
Submittal information. For all telecommunication facilities, except exempt facilities as defined in § 475-3, the Zoning Administrator shall require the following information to accompany every application. Said information shall include, but may not be limited to:
(1) 
Completed conditional use application and fee, as set by the Village Board from time to time.
(2) 
Original signature of applicant and owner (if the telecommunication facility is co-located in an easement, the beneficiaries of the easement and underlying property owner must authorize the application).
(3) 
The identity of the carrier and/or provider and their legal status.
(4) 
The name, address and telephone number of the officer, agent and/or employee responsible for the accuracy of the application.
(5) 
A plat of survey, showing the telecommunication facility boundaries, tower, facilities, location, access, landscaping and fencing.
(6) 
A visual analysis, which may include photo montage, field mockup, or other techniques shall be prepared by or on behalf of the applicant which identities the potential visual impacts and the design capacity of the proposed facility to the satisfaction of the Plan Commission. Consideration shall be given to views from public areas as well as from private residences. The analysis shall assess the impacts of the proposed facility and other existing telecommunication facilities in the area, and shall identify and include all feasible mitigation measures consistent with the technological requirements of the proposed personal wireless services. All costs for the visual analysis, and applicable administrative costs, shall be borne by the applicant.
(7) 
A written legal description of the telecommunication facility site.
(8) 
In the case of a leased site, a lease agreement or binding lease memorandum which shows on its face that it does not preclude the site owner from entering into leases on the site with other provider(s) and the legal description and amount of property leased.
(9) 
A description of the telecommunications services that the registrant intends to offer and/or provide, or is currently offering or providing, to persons, firms, businesses or institutions.
(10) 
Copies of approvals from the Federal Communication Commission (FCC) and a statement that the facility complies with the limits of radio frequency emissions standard set by the Federal Communication Commission (FCC). The statement shall list the particular Federal Communication Commission (FCC) measured permitted emissions (MPE) limit and the tested or design limit for the proposed telecommunication facility.
(11) 
An alternatives analysis shall be prepared by the actual applicant or on behalf of the applicant by its designated technical representative, except for exempt facilities as defined in § 475-3, subject to the review and recommendation of the Commission, which identifies three reasonable, technically feasible, alternative locations and/or facilities which would provide the proposed telecommunication service. The intention of the alternatives analysis is to present alternative strategies which would minimize the number, size, and adverse environmental impacts of facilities necessary to provide the needed services to the Village. The analysis shall address the potential for co-location and the potential to locate facilities as close as possible to the intended service area. It shall also explain the rationale for selection of the proposed site in view of the relative merits of any of the feasible alternatives. Approval of the project is subject to the Village Board making a finding that the proposed site results in fewer or less severe environmental and aesthetic impacts than any feasible alternative site, as well as any other conditions, as set by the Plan Commission. The Village may require independent verification of this analysis at the applicant's expense.
(12) 
Plans indicating security measures (i.e., access, fencing, lighting, fire prevention, etc.). The telecommunications facilities shall insure that sufficient anticlimbing measures have been incorporated into the facility, as needed, to reduce potential for trespass and injury.
(13) 
A tabular and map inventory of all existing telecommunications facilities owned and/or operated by the applicant that are located within the Village of Kronenwetter. The inventory shall specify the location, height, type, design and coordinates, based on Marathon County coordinate system, of each existing telecommunication facility, the ability of the tower or antenna structure to accommodate additional co-location antennas, and, where applicable, the height of the alternative support structures.
(14) 
If more than one facility, a master plan for all related facilities within the Village limits and within 1,500 feet of the Village boundary.
(15) 
A report prepared by an engineer licensed by the State of Wisconsin certifying the structural design of the tower and its ability to accommodate additional antennas.
(16) 
An affidavit stating space will be made on the proposed tower for future users, when technically possible, at a reasonable cost. Reasonable costs shall be considered any fees, cost or contractual provisions required by the owner that conform to terms standard in the industry and that do not exceed the cost of new tower development.
(17) 
Such other information as the Commission may reasonably require.
(18) 
Proof of liability coverage.
(19) 
A certified statement from a radio frequency (RF) engineer showing the coverage of the proposed facility.
B. 
Co-location. All facilities shall make available a minimum of four unused spaces for co-location of other telecommunication facilities, including space for these entities providing similar, competing services. A fewer number of spaces may be allowed by the Commission based upon data supplied by applicant stating four spaces would be structurally and/or technically unfeasible. Co-location is not required if the host facility can demonstrate that the addition of the new service or facilities would impair existing service or cause the host to go offline for a significant period of time. All co-located and multiple-user telecommunication facilities shall be designed to promote facility and site sharing. Telecommunication towers and necessary appurtenances, including but not limited to parking areas, access roads, utilities and equipment buildings, shall be shared by site users whenever possible.
C. 
Technical review. The Zoning Administrator may, at the request of the Commission, employ on behalf of the Village an independent technical expert to review all materials submitted, including but not limited to those required under this section and in those cases where a technical demonstration of unavoidable need or unavailability of alternatives is required. The applicant shall pay all the costs of said review. The payment to the Village of Kronenwetter shall be due upon receipt of the invoice. All invoices, fees and charges accumulated for the technical review and administrative costs must be paid in full prior to the issuance of the conditional use permit.
D. 
Conditions to granting conditional use permits. The granting of each conditional use permit by the Village Board shall be conditional and the applicant shall submit the following to the Commission's satisfaction before the conditional use permit will be recommended to the Village Board:
(1) 
Copies of the determination of no hazard from the Federal Aviation Administration (FAA), including any aeronautical study determination or other findings, and the Wisconsin Bureau of Aeronautics, if applicable.
(2) 
Copies of any environmental assessment (EA) reports on any forms submitted to the Federal Communication Commission (FCC), if applicable.
(3) 
Copies of any filings relating to any telecommunications facility located in Village of Kronenwetter submitted to the Federal Communication Commission (FCC) shall be submitted within 30 days of filing.
(4) 
Copies of finding of no significant impacts (FONSI) statement from the Federal Communication Commission (FCC), if applicable.
(5) 
NIER (nonionizing electromagnetic radiation) exposure studies.
(6) 
Said use will not be substantially inconsistent with the adopted Land Use Master Plan.
The purpose of the annual report under this section is to provide the Village of Kronenwetter with accurate and current information concerning the telecommunications facility owners and providers who offer or provide telecommunications services within the Village, or that own or operate telecommunications facilities within the Village, to assist the Village in enforcement of this chapter. The Village Clerk will give a thirty-day notice prior to the annual deadline of these requirements.
A. 
Annual information report. All telecommunications tower owners of any new or existing telecommunication tower shall submit annually, on or before January 31 of each year, to the Village Clerk a telecommunications facility annual information report. This annual report shall include the tower owner name(s), address(es), phone number(s), contact person(s), annual review fee and proof of bond as security for removal. The tower owner shall supply the tower height and current occupancy. The tower owner shall certify that the tower is still being used. This information shall be submitted on a Village form, designated for such use, and shall become evidence of compliance.
B. 
Annual information report fee. Following the conditional use approval, every year thereafter the tower owners shall submit, on or before January 31 of each year, to the Village Clerk the annual review fee, as set by the Village Board, per tower site. The fee submittal is the responsibility of each tower owner. Failure to provide this information shall result in a daily civil forfeiture until the information is received by the Village Clerk.
A. 
It is the express policy of Village of Kronenwetter and this chapter that telecommunications facilities be removed once they are no longer in use and not a functional part of providing telecommunications service and that it is the telecommunications provider's responsibility to remove such facilities and restore the site to its original condition or condition approved by the Zoning Administrator. This restoration shall include removal of any subsurface structure or foundation, including concrete, used to support the telecommunications facility. After a telecommunications facility is no longer in operation, the provider shall have 90 days to effect removal of the tower and accessory structures and restoration unless weather prohibits such efforts. The owner of the tower shall submit a copy of the notice to the FCC of intent to cease operations at which point said ninety-day removal period shall begin.
B. 
Security for removal. The telecommunications provider shall provide to the Village of Kronenwetter, prior to the issuance of the conditional use permit for a new facility that includes a tower, a performance bond in the amount of $25,000 to guarantee that the telecommunications facility will be removed when no longer in operation. The Village of Kronenwetter will be named as obligee in the bond and must approve the bonding company. The adequacy of said bond shall be reviewed on an annual basis by the Village and, if it is determined to be insufficient in amount to cover the entire costs of removing the affected telecommunication facility, the Village shall assign a new amount which the facility owner shall be required to provide.
Preexisting, nonconforming telecommunication towers, antennas and facilities may add or replace antennas upon review and approval of the Village of Kronenwetter Village Board per § 475-13 of this chapter. An existing telecommunication tower may be increased in height a maximum of 50 feet, relocated or reconstructed within 50 feet of its existing location to accommodate co-location. Routine maintenance and repair on telecommunications facilities is permitted. See § 475-13C(3).
A. 
Revocation. Grounds for revocation of the conditional use permit shall be limited to one of the following findings:
(1) 
The facility fails to comply with the relevant requirements of this chapter and the permittee has failed to supply assurances acceptable to the Zoning Administrator that the facility will be brought into compliance within 120 days;
(2) 
The permittee has failed to comply with the conditions of approval imposed;
(3) 
The facility has not been properly maintained.
B. 
Abandonment. Any antenna or tower that is not operated for a continuous period of six months shall be considered abandoned. In such circumstances, the following shall apply:
(1) 
The owner of such antenna or tower shall remove said antenna and or tower, including all supporting equipment and building(s), within 120 days of receipt of notice from the Zoning Administrator notifying the owner of such abandonment. If removal to the satisfaction of the Zoning Administrator does not occur within said 120 days, the Village of Kronenwetter Village Board may order removal utilizing the established bond, as provided under § 475-8, and salvage said antenna or tower and all supporting equipment and building(s). If there are two or more users of a single tower, then this provision shall not become effective until all operations of the tower cease.
(2) 
The recipient of a conditional use permit for a telecommunications facility under this chapter shall notify the Zoning Administrator when the facility is no longer in operation by providing a copy of the notice to the FCC of intent to cease operations at which point said one-hundred-twenty-day removal period shall begin.
A. 
Tower, antenna and facilities requirements. All telecommunication facilities, except exempt facilities as defined in § 475-3, shall be designed to blend into the surrounding environment to the greatest extent feasible. To this end, all of the following measures shall be implemented:
(1) 
All telecommunication facilities shall comply at all times with all Federal Communication Commission (FCC) rules, regulations, and standards. To that end, no telecommunication facility or combination of facilities shall produce at any time power densities in any inhabited area that exceed the Federal Communication Commission (FCC) adopted standard for human exposure, as amended, or any more restrictive standard subsequently adopted or promulgated by the Federal Government. All telecommunication tower and antenna shall meet or exceed current standards and regulations of the Federal Aviation Administration (FAA), the Wisconsin State Bureau of Aeronautics, Occupational Safety and Hazard Association (OSHA), the Federal Communication Commission (FCC) and any other agency of the state and/or federal government with the authority to regulate towers and antennas;
(2) 
Telecommunication towers shall be constructed out of metal or other nonflammable material, unless specifically conditioned by the Village Board to be otherwise. The Village shall have the authority to require reasonable special design (materials, architectural features and color) of the telecommunication facilities where findings of particular sensitivity are made (e.g., proximity to historic or aesthetically significant structures, views and/or community features);
(3) 
Parabolic antennas shall be situated as close to the ground as possible to reduce visual impact without compromising their function;
(4) 
Telecommunication support facilities (i.e., vaults, equipment rooms, utilities, and equipment enclosures) shall be constructed out of nonreflective materials (visible exterior surfaces only) Telecommunication support facilities shall be no taller than one story 15 feet in height, measured from the original grade at the base of the facility to top of structure, and shall be designed to blend with existing architecture in the area and shall be screened from sight by mature landscaping, and shall be located or designed to minimize their visibility;
(5) 
All buildings, poles, towers, antenna supports, antennas, and other components of each telecommunications facility shall be initially painted and thereafter repainted as necessary with a flat paint so as to reduce visual obtrusiveness and blend in to the natural setting and environment. Where evidence is accepted by the Commission that construction materials will be of sufficient nonglare characteristic and will blend into the natural setting and environment, painting requirements may be waived. All telecommunications towers and antenna shall be designed to blend with their supporting structure. The color selected shall be one that, in the opinion of the Plan Commission, will minimize the visibility of the towers and antenna to the greatest extent feasible;
(6) 
All telecommunications towers shall be designed to collapse within a designated fall-down radius. The fall-down radius for a telecommunication tower shall be contained within the leased parcel;
(7) 
The fall-down radius shall equal 125% of the tower height, unless an engineering certification shows that in the event of collapse, the telecommunication tower is designed to collapse within a smaller area;
(8) 
Telecommunications support facilities shall be the only structure, building, or use allowed within the fall-down radius. An open space use provided for in the existing zoning district, as determined by the Zoning Administrator, may be allowed by said office only after written request by the applicant;
(9) 
Telecommunications towers and antennas shall be designed and constructed in accordance with the State of Wisconsin Uniform Building Code, National Electrical Code, Uniform Plumbing Code, Uniform Mechanical Code, and Uniform Fire Code, Chapter 460, Subdivision of Land, of the Code of the Village of Kronenwetter, Village of Kronenwetter Sanitary Ordinance, Electronic Industries Association (EIA), American National Steel Institute Standards (ANSI), American National Standards Institute (ANSI), and Electronic Industry Association/Telecommunication Industry Association (EITT/TIA) 222-E. 3., as amended, where applicable;
(10) 
The Commission shall have the authority to require special design of the telecommunication facilities where findings of particular sensitivity are made (e.g., proximity to historic or aesthetically significant structures, views and/or community features);
(11) 
A radio frequency radiation emission test report, to demonstrate compliance with Federal Communication Commission (FCC) adopted standards, shall be required for all rooftop antennas and other antennas which are less than 30 feet above the original grade;
(12) 
The maximum height of an antenna platform located on a rooftop shall be 10 feet above the roof. All platforms shall be screened by parapet or other approved methods from all public and private road rights-of-way, recreational areas, and adjacent residential district or uses;
(13) 
Telecommunications facilities located on roofs shall not occupy more than 50% of the roof surface of a building and shall be secured from the remaining roof area to prevent unauthorized access;
(14) 
A report prepared by an engineer licensed by the State of Wisconsin certifying the structural design of the tower and its ability to accommodate additional antenna shall be included with any application;
(15) 
Telecommunication facilities shall not interfere with or obstruct existing or proposed public safety, fire protection or supervisory controlled automated data acquisition (SCADA) operation telecommunication facilities. Any alleged interference and or obstruction shall be corrected by the applicant at no cost to the Village;
(16) 
No advertising message or sign shall be affixed to any tower or antenna.
B. 
Height. The height of a telecommunication tower shall be measured from the original grade at the base of said tower to the highest part of the tower itself. In the case of building-mounted towers, the height of the tower includes the height of the portion of the building on which it is mounted. In the case of crank-up or other similar towers whose height can be adjusted, the height of the tower shall be the maximum height to which it is capable of being raised. In no instance shall a telecommunication tower, or any attachment to, exceed 300 feet in height.
C. 
Lighting. Telecommunications facilities shall not be artificially lighted unless required by the Federal Aviation Administration (FAA) or other applicable regulatory authority. If lighting is required, the lighting design which would cause the least disturbance to the surrounding views shall be chosen.
D. 
Site development, roads and parking. All new telecommunication facilities located on a leased parcel shall maintain a minimum leased parcel size of 5,000 square feet in size. The entire fall-down radius shall be contained within the leased parcel, said fall-down radius being determined under § 475-11A(7) of this chapter. All new telecommunication facilities located on a parcel owned by the telecommunication carrier and/or provider shall meet the minimum size requirement of the zoning district. Telecommunication facilities sites shall not be used for the outside storage of materials or equipment or for the repair or servicing of vehicles or equipment. All sites must be served by a minimum fifty-foot wide easement with a turnaround and shall use existing access points and roads whenever possible. The access point to the site shall be approved by the Village of Kronenwetter Public Works Department, State of Wisconsin Department of Transportation, or the County Highway Department depending on road jurisdiction. All grounds within the telecommunication facility shall be mowed and cleared of noxious vegetation and so maintained as to not create a visual or physical nuisance.
E. 
Vegetation protection and facility screening.
(1) 
Except exempt facilities as defined in § 475-3, all telecommunications facilities shall be installed in such a manner so as to minimize disturbance to existing native vegetation and shall include suitable mature landscaping to screen the facility, where necessary. For purposes of this section, "mature landscaping" shall mean trees, shrubs or other vegetation of a size that will provide the appropriate level of visual screening immediately upon installation.
(2) 
Upon project completion, the owner(s)/operator(s) of the facility shall be responsible for maintenance and replacement of all required landscaping.
(3) 
Facility structures and equipment, including supporting structures, shall be located, designed and screened to blend with the existing natural or built surroundings, so as to reduce visual impacts.
F. 
Fire prevention. All telecommunication facilities shall be designed and operated in such a manner so as to minimize the risk of igniting a fire or intensifying one that otherwise occurs. To this end, all of the following measures shall be implemented for all telecommunication facilities, except exempt facilities as defined in § 475-3:
(1) 
At least one-hour fire-resistant interior surfaces shall be used in the construction of all buildings;
(2) 
Monitored automatic fire extinguishing systems shall be installed in all equipment buildings and enclosures;
(3) 
Rapid entry KNOX systems shall be installed as required;
(4) 
All tree trimmings and trash generated by construction and operation of the facility shall be removed from the property and properly disposed of.
G. 
Noise and traffic. All telecommunication facilities shall be constructed and operated in such a manner as to minimize the amount of disruption caused to nearby properties. To that end, all the following measures shall be implemented for all telecommunication facilities, except exempt facilities as defined in § 475-3:
(1) 
Noise-producing construction activities shall only take place on weekdays (Monday through Friday, nonholiday) between the hours of 7:00 a.m. and 6:00 p.m.; and
(2) 
Backup generators shall only be operated during power outages and for testing and maintenance purposes.
Separation from off-site uses for all telecommunication towers shall be located in accordance with the following standards (except exempt facilities as defined in § 475-3):
A. 
Minimum separation between telecommunication towers (by tower type).
Proposed tower types
Lattice
Guyed
Monopole
Lattice
1 mile
1 mile
1 mile
Guyed
1 mile
1 mile
1 mile
Monopole
1 mile
1 mile
1 mile
(1) 
Camouflaged towers are exempt from separation between towers requirements listed above.
(2) 
Separation between towers requirements may be waived by the Commission, provided:
(a) 
The applicant provides sufficient data to justify the spacing requirements cannot be met for technical reasons; and
(b) 
An alternative site cannot be more than 100 feet from an existing tower.
B. 
Setbacks. All setbacks shall be measured from the base of the tower or structure to the applicable property line or structure.
(1) 
Setbacks from all residential uses; residential districts. All new towers shall be set back a distance equal to 200 feet or 200% of the height of the tower, whichever is greater.
(a) 
Towers shall not be located within 500 feet of any residence other than the residence on the parcel on which the tower is to be located.
(b) 
When located on contiguous lands also containing a residence, the setback from any single-family residence on adjacent property shall be no less than that from the residence on the property on which the tower is to be located, unless it can be shown that this section would preclude any tower meeting the applicant's needs from being located on said lands. For the purpose of this chapter, contiguous lands shall include adjacent parcels separated by public highway, whether dedicated or by easement.
(c) 
Towers shall not be located within 1,000 feet of any single-family dwelling within a rural cluster or a platted subdivision. This standard shall not apply when either the rural cluster or the proposed tower site are zoned M-1 or M-2.
(2) 
Setbacks from all historic sites and districts. All new towers shall be set back a distance equal to 200 feet or 200% of the height of the tower, whichever is greater.
(3) 
Setbacks from all streets and private and public road right of ways. Setbacks from all Village arterial and collector public roadway (as defined by the Village Comprehensive Plan) shall be a distance equal to 200% of the tower or antenna height. All new towers shall be set back from all other road rights-of-way, public and private, a distance equal to 125% of the tower height.
(4) 
Setback from the ordinary high-water mark (OHWM). All new towers shall be set back a minimum of 75 feet from the ordinary high-water mark (OHWM) of a navigable stream and a minimum 200% of the tower height from the ordinary high-water mark (OHWM) of a navigable lake.
(5) 
Setback from overhead power lines. All new towers shall be set back a distance equal to their height from an overhead power line with a voltage exceeding 750 volts.
(6) 
Setback from all other allowable uses involving a structure in the zoning district. All new towers shall be set back a distance equal to 100 feet or 125% of the height of the tower, whichever is greater.
(7) 
Guy wires setback. All guy wires shall be at least 50 feet from all owned or leased property lines.
A. 
A Village of Kronenwetter zoning permit is required from the Zoning Administrator under this chapter for the location of all telecommunication facilities, except exempt facilities as defined in § 475-3. The applicant shall submit information required under § 475-6, Conditional use application, as appropriate for the proposed project, except the conditional use application and fee. Facilities proposed to be co-located on facilities previously approved under this chapter shall be exempt from submitting information required under § 475-6, but shall be required to submit a zoning permit application for review and approval. Any proposed tower and accessory structures may also be required to obtain permits under the provisions of other Village or local ordinances. A zoning permit fee shall be set by Village Board from time to time. Any granted zoning permit shall be contingent upon the applicant submitting a removal assurance that meets with Village approval, per the terms of § 475-8 of this chapter.
B. 
No telecommunication facility or any part thereof hereafter erected, altered or moved shall be used until a certificate of compliance is issued by the Zoning Administrator. The certificate of compliance shall show that the facility conforms to the provisions of this chapter. Application for such certificate shall be concurrent with the application for a zoning permit, although it is the responsibility of the applicant to notify the Zoning Administrator for inspection. The Zoning Administrator shall, within 10 working days after receipt of such notification from the applicant, issue a certificate of compliance only if the facility conforms with all the requirements of this chapter.
C. 
Permitted uses requiring only a zoning permit:
(1) 
Locating an antenna that adds no more than 50 feet to the height of an alternative tower structure, including placement of additional buildings or other supporting equipment used in connection with said antenna.
(2) 
Installing an antenna on an existing tower that adds no more than 50 feet to the height of the existing tower, including placement of additional buildings or other supporting equipment used in connection with said antenna.
(3) 
Existing nonconforming and conforming telecommunication towers, antennas and facilities may be increased one time during the life of the tower a maximum of 50 feet in order to accommodate co-location. A telecommunication tower which is being relocated or reconstructed to accommodate co-location may be relocated within 50 feet of its existing location, with the review and approval of a zoning permit from the Zoning Administrator and shall be exempt from all other provisions of this chapter, except that a new structure shall maintain the required fall-down radius and required setbacks. Routine maintenance and repair on telecommunications facilities is permitted.
(4) 
Facilities on Village-owned property. The Village of Kronenwetter Board and the Commission encourages the location of new telecommunication facilities and the co-location of telecommunications facilities on Village-owned properties, provided that the operation of said facilities will not disrupt normal Village public service use communication or operations and the proposal complies with the provisions of Village ordinances. The Village Board from time to time may establish standards, separate from this chapter, relative to the location of telecommunication facilities on Village-owned properties.
D. 
Transfer of permits. A valid permit may be transferred from one tower owner to another only after submittal of a permit transfer form to the Zoning Administrator. The fee for a transfer permit shall be as set from time to time by the Village Board.
A person aggrieved by any decision of the Village of Kronenwetter Zoning Administrator or committee, regarding the siting of a telecommunications facility may file an appeal with the Village of Kronenwetter Board of Appeals as described in § 520-19 of Chapter 520, Zoning.
A. 
It shall be unlawful to construct or use any telecommunication facility in violation of any of the provisions of this chapter. In case of any violation, any person who would be specifically damaged by such violation may institute appropriate action or proceeding to enjoin a violation of this chapter.
B. 
The Zoning Administrator is hereby authorized to issue a cease-work order for any construction that has commenced in violation with the provisions of this chapter. The cease-work order shall be accompanied by a notice of the provisions in violation, options for compliance and a date on which compliance shall be achieved. Failure to achieve compliance shall be enforced.
C. 
In addition to the enforcement provided for herein, the provisions of Chapter 1, General Provisions, § 1-2, General penalty, of this Code shall also apply to violations of this chapter.
D. 
In the case where a citation is issued, the payment of the forfeiture shall not constitute compliance nor shall said payment bar the issuance of further citations, provided the violation remains.