[HISTORY: Adopted by the Board of Supervisors of Price County 2-18-2014 by Ord. No.
1-14. Amendments noted where applicable.]
A.
The purpose of this chapter is to regulate by land use permit:[1]
(1)
The
siting and construction of any new mobile service support structure
and facilities;
(2)
With
regard to a Class 1 co-location, the substantial modification of an
existing support structure and mobile service facilities; and
(3)
With
regard to a Class 2 co-location, co-location on an existing support
structure which does not require the substantial modification of an
existing support structure and mobile service facilities.
B.
It is intended that Price County shall apply these regulations to
accomplish the following:
(1)
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 Price County's police, fire and emergency response network.
(2)
Provide
a process for obtaining necessary permits for telecommunication facilities
while at the same time protecting the interests of the Price County
citizens.
This chapter does not apply to the following:
A.
The use of all television antennas, satellite dishes and receive-only
antennas, 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.
B.
Amateur radio. This chapter shall not govern 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 or emergency nature.
The siting and construction of any mobile service support structure and facilities within three statute miles of the boundaries of the Price County Airport must also meet the requirements of Chapter 485, Airport Zones, of the County Code.
A.
A land use permit is required for the siting and construction of
any new mobile service support structure and facilities.
B.
A written permit application must be completed by any applicant and
submitted to the Department. The application must include the following
information:
(1)
The name and business address of, and the contact individual for,
the applicant.
(2)
The location of the proposed or affected support structure.
(3)
The location of the proposed mobile service facility.
(4)
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.
(5)
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.
(6)
If an 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 co-location, including a sworn
statement from an individual who has responsibility over the placement
of the mobile service support structure attesting that co-location
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.
C.
A permit application will be provided by the Department upon request
to any applicant.
D.
If an applicant submits to the Department an application for a permit
to engage in an activity described in this chapter which contains
all of the information required under this chapter, the Department
shall consider the application complete. If the Department does not
believe that the application is complete, the Department shall notify
the applicant in writing, within 10 days of receiving the application,
that the application is not complete. The written notification shall
specify in detail the required information that was incomplete. An
applicant may resubmit an application as often as necessary until
it is complete.
E.
Within 90 days of its receipt of a complete application, the Department
shall complete all of the following or the applicant may consider
the application approved, except that the applicant and the Department
may agree in writing to an extension of the ninety-day period:
(1)
Review the application to determine whether it complies with all
applicable aspects of the political subdivision's building code
and, subject to the limitations in this section, zoning ordinances.
(2)
Make a final decision whether to approve or disapprove the application.
(3)
Notify the applicant, in writing, of its final decision.
(4)
If the decision is to disapprove the application, include with the
written notification substantial evidence which supports the decision.
F.
The Department may disapprove an application if an applicant refuses to evaluate the feasibility of co-location within the applicant's search ring and provide the sworn statement described under Subsection B(6).
G.
If an applicant provides the Department with an engineering certification
showing that a mobile service support structure, or an existing structure,
is designed to collapse within a smaller area than the setback or
fall zone area required in a zoning ordinance, that zoning ordinance
does not apply to such a structure unless the Department provides
the applicant with substantial evidence that the engineering certification
is flawed.
A.
A land use permit is required for Class 1 co-location.
B.
A written permit application must be completed by any applicant and
submitted to the Department. The application must include the following
information:
(1)
The name and business address of, and the contact individual for,
the applicant.
(2)
The location of the proposed or affected support structure.
(3)
The location of the proposed mobile service facility.
(4)
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.
(5)
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.
(6)
If an 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 co-location, including a sworn
statement from an individual who has responsibility over the placement
of the mobile service support structure attesting that co-location
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.
C.
A permit application will be provided by the Department upon request
to any applicant.
D.
If an applicant submits to the Department an application for a permit
to engage in an activity described in this chapter which contains
all of the information required under this chapter, the Department
shall consider the application complete. If the Department does not
believe that the application is complete, the Department shall notify
the applicant in writing, within 10 days of receiving the application,
that the application is not complete. The written notification shall
specify in detail the required information that was incomplete. An
applicant may resubmit an application as often as necessary until
it is complete.
E.
Within 90 days of its receipt of a complete application, the Department
shall complete all of the following or the applicant may consider
the application approved, except that the applicant and the Department
may agree in writing to an extension of the ninety-day period:
(1)
Review the application to determine whether it complies with all
applicable aspects of the political subdivision's building code
and, subject to the limitations in this section, zoning ordinances.
(2)
Make a final decision whether to approve or disapprove the application.
(3)
Notify the applicant, in writing, of its final decision.
(4)
If the decision is to disapprove the application, include with the
written notification substantial evidence which supports the decision.
F.
The Department may disapprove an application if an applicant refuses to evaluate the feasibility of co-location within the applicant's search ring and provide the sworn statement described under Subsection B(6).
G.
If an applicant provides the Department with an engineering certification
showing that a mobile service support structure, or an existing structure,
is designed to collapse within a smaller area than the setback or
fall zone area required in a zoning ordinance, that zoning ordinance
does not apply to such a structure unless the Department provides
the applicant with substantial evidence that the engineering certification
is flawed.
A.
A land use permit is required for a Class 2 co-location.
B.
A written permit application must be completed by any applicant and
submitted to the Department. The application must include the following
information:
C.
A permit application will be provided by the Department upon request
to any applicant.
D.
A Class 2 co-location is subject to the same requirements for the
issuance of a building permit to which any other type of commercial
development or land use development is subject.
E.
If an applicant submits to the Department an application for a permit
to engage in an activity described in this chapter which contains
all of the information required under this chapter, the Department
shall consider the application complete. If the Department does not
believe that the application is complete, the Department shall notify
the applicant in writing, within five days of receiving the application,
that the application is not complete. The written notification shall
specify in detail the required information that was incomplete. An
applicant may resubmit an application as often as necessary until
it is complete.
F.
Within 45 days of its receipt of a complete application, the Department
shall complete all of the following or the applicant may consider
the application approved, except that the applicant and the Department
may agree in writing to an extension of the forty-five-day period:
(1)
Make a final decision whether to approve or disapprove the application.
(2)
Notify the applicant, in writing, of its final decision.
(3)
If the application is approved, issue the applicant the relevant
permit.
(4)
If the decision is to disapprove the application, include with the
written notification substantial evidence which supports the decision.
Permits granted under this chapter go with the land and are
transferable. All chapter and permit requirements shall apply to subsequent
owners. The Department shall be notified of any change in ownership,
including but not limited to facility leases, mortgages, liens or
other instruments which may affect title to the property.
All limitations contained in § 66.0404(4), Wis. Stats.,
shall apply.
A.
The fee for filing a land use permit for siting and construction
of any new mobile service support structure and facilities, a Class
1 co-location, or a Class 2 co-location shall be established by the
Price County Board of Supervisors.
B.
No application shall be considered filed with the County unless and
until said application is accompanied by the appropriate application
fees.
