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Town of Holland, WI
Sheboygan County
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Table of Contents
Table of Contents
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New Laws (4) Index
For the purposes of this article, the following terms shall have the meanings indicated:
ALTERNATIVE MOBILE SERVICE SUPPORT STRUCTURE
Man-made structures to which towers and/or antennas may be attached that camouflage or conceal the presence of the tower and/or antenna, including, by way of illustration, but not limited to, elevated tanks, electric transmission poles or towers, nonresidential buildings, clock towers, bell steeples, and silos.
ANTENNA
Communications equipment that transmits and receives electromagnetic radio signals and is used in the provision of mobile services.
APPLICATION
An application for a permit under this article to engage in an activity specified in § 330-79A(1) or B(2) or a Class 2 co-location.
BUILDING PERMIT
A permit issued by the Town that authorizes an applicant to conduct construction activity that is consistent with the Town's Building Code.
CLASS 1 CO-LOCATION
The placement of a new mobile service facility on an existing support structure such that the owner of the facility does not need to construct a freestanding support structure for the facility but does need to engage in substantial modification.
CLASS 2 CO-LOCATION
The placement of a new mobile service facility on an existing support structure such that the owner of the facility does not need to construct a freestanding support structure for the facility or engage in substantial modification.
CO-LOCATION
Class 1 or Class 2 co-location, or both.
DISTRIBUTED ANTENNA SYSTEM
A network of spatially separated antenna nodes that is connected to a common source via a transport medium and that provides mobile service within a geographic area or structure.
EQUIPMENT COMPOUND
An area surrounding or adjacent to the base of an existing support structure within which are located mobile service facilities.
EXISTING STRUCTURE
A support structure that exists at the time a request for permission to place mobile service facilities on a support structure is filed with the Town.
FALL ZONE
The area over which a mobile support structure is designed to collapse.
MOBILE SERVICE
Has the meaning given in 47 U.S.C. § 153(33).
MOBILE SERVICE FACILITY
The set of equipment and network components, including antennas, transmitters, receivers, base stations, power supplies, cabling, and associated equipment, that is necessary to provide mobile service to a discrete geographic area, but does not include the underlying support structure.
MOBILE SERVICE PROVIDER
A person who provides mobile service.
MOBILE SERVICE SUPPORT STRUCTURE
A freestanding structure, such as a tower, that is designed to support a mobile service facility.
PERMIT
A permit, other than a building permit, or approval issued by the Town which authorizes any of the following activities by an applicant:
A. 
A Class 1 co-location.
B. 
A Class 2 co-location.
C. 
The construction of a mobile service support structure.
PUBLIC UTILITY
Has the meaning given in § 196.01(5), Wis. Stats.
SEARCH RING
A shape drawn on a map to indicate the general area within which a mobile service support structure should be located to meet radio frequency engineering requirements, taking into account other factors, including topography and the demographics of the service area.
SUBSTANTIAL MODIFICATION
The modification of a mobile service support structure, including the mounting of an antenna on such a structure, that does any of the following:
A. 
For structures with an overall height of 200 feet or less, increases the overall height of the structure by more than 20 feet.
B. 
For structures with an overall height of more than 200 feet, increases the overall height of the structure by 10% or more.
C. 
Measured at the level of the appurtenance added to the structure as a result of the modification, increases the width of the support structure by 20 feet or more, unless a larger area is necessary for co-location.
D. 
Increases the square footage of an existing equipment compound to a total area of more than 2,500 square feet.
SUPPORT STRUCTURE
An existing or new structure that supports or can support a mobile service facility, including a mobile service support structure, utility pole, water tower, building, or other structure.
UTILITY POLE
A structure owned or operated by an alternative telecommunications utility, as defined in § 196.01(1d), Wis. Stats.; public utility, as defined in § 196.01(5), Wis. Stats.; telecommunications utility, as defined in § 196.01(10), Wis. Stats.; political subdivision; or cooperative association organized under Ch. 185, Wis. Stats., and that is designed specifically for and used to carry lines, cables, or wires for telecommunications service, as defined in § 182.017(1g)(cq), Wis. Stats.; for video service, as defined in § 66.0420(2)(y), Wis. Stats.; for electricity; or to provide light.
This article applies to all mobile service facilities and support structures as defined in § 330-71 of this chapter, except for:
A. 
Any device that does not exceed 35 feet in height or such other height limitation that may apply to the zoning classification in which the device will be located.
B. 
Any device not exceeding 70 feet in height for reception of telecommunications signals or owned and operated pursuant to a license granted by the FCC.
C. 
Any device attached to a farm or business structure for its own internal radio communications that does not exceed 10 feet above the height limitation for that structure.
D. 
Preexisting towers and antennas.
The purpose of this article is to accommodate the needs of businesses and residents while protecting the public health, safety, and general welfare of the community and to:
A. 
Protect safety by such methods as providing setback restrictions;
B. 
Promote aesthetics by minimizing the number of mobile service support structures in the Town, encouraging such structures to be located and configured in ways that minimize their adverse visual impact, and encouraging the utilization of alternative service support structures rather than freestanding mobile service support structures whenever feasible; and
C. 
Encourage commerce by implementing rules that will not restrict the ability of telecommunications providers to furnish their services quickly, effectively, and economically.
Except for those specified in § 330-72 of this chapter, all mobile service facilities and support structures require a permit issued in accordance with this article. A different existing use or an existing structure on the same lot shall not preclude the installation of a mobile service facility or support structure on such lot. For purposes of determining whether the installation of a mobile service facility or support structure complies with district development regulations, including but not limited to setback requirements, lot coverage requirements, and other such requirements, the dimensions of the entire lot shall control, even though the mobile service facilities or support structures may be located on leased parcels within such lots. Mobile service support structures that are constructed and mobile service facilities that are installed in accordance with the provisions of this article shall not be deemed to constitute the expansion of a nonconforming use or structure.
A. 
If a mobile service support structure is not subject to FAA regulations, the Town prefers such structures to either have a galvanized steel finish or be painted a neutral color so as to reduce visual obtrusiveness. If FAA regulations apply, FAA regulations shall be followed.
B. 
At a mobile service support structure site, the Town encourages the design and construction of the buildings and related structures to use materials, colors, textures, screening, and landscaping that will blend the mobile service facilities to the natural setting and preexisting improvements.
C. 
If a mobile service facility is installed on an alternative service support structure, the Town prefers the mobile service facility and supporting electrical and mechanical equipment to be of natural colors that are identical to, or closely compatible with, the colors of the alternative service support structure so as to make the antenna and related equipment as visually unobtrusive as possible.
D. 
Mobile service support structures shall not be artificially lighted, unless required by the FAA or other applicable authority. If lighting is required, the governing authority may review the available lighting and alternatives and shall approve the design that would cause the least disturbance to surrounding areas.
E. 
Mobile service facilities and support structures shall not be used for displaying any advertising. If FCC rules require that the owner's name be shown on the structure or facility, it shall be posted no more than six feet above the ground on a placard no larger than 1 1/2 square feet or as required by the FCC.
All mobile service facilities and support structures must meet or exceed standards and regulations of the FAA, the FCC, and any other agency of the federal or state government with the authority to regulate such facilities and structures.
The owner of a mobile service support structure shall ensure that it is built and maintained in compliance with the latest standards contained in applicable state and local building codes and the applicable standards for mobile service support structures that are published by the administrative agency of the State of Wisconsin with jurisdiction.
All alternative service support structures, and mobile service facilities and support structures, shall be set back from residential dwellings one foot for each foot of overall structure height, including antennas.
Applications for permits shall be made in accordance with the following:
A. 
New construction or substantial modification of facilities and support structures.
(1) 
Subject to the provisions and limitations of this section, the Town shall regulate the following activities:
(a) 
The siting and construction of a new mobile service support structure and facilities.
(b) 
With regard to a Class 1 co-location, the substantial modification of an existing support structure and mobile service facilities.
(2) 
The application for an activity described under Subsection A(1) shall be in writing and shall contain all of the following information:
(a) 
The name and business address of, and the contact individual for, the applicant.
(b) 
The location of the proposed or affected support structure.
(c) 
The location of the proposed mobile service facility.
(d) 
If the application is to substantially modify an existing support structure, a construction plan which describes the proposed modifications to the support structure and the equipment and network components, including antennas, transmitters, receivers, base stations, power supplies, cabling, and related equipment associated with the proposed modifications.
(e) 
If the application is to construct a new mobile service support structure, a construction plan which describes the proposed mobile service support structure and the equipment and network components, including antennas, transmitters, receivers, base stations, power supplies, cabling, and related equipment to be placed on or around the new mobile service support structure.
(f) 
If 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.
(3) 
If an applicant submits an application for a permit to engage in an activity described under Subsection A(1) which contains all of the information required under Subsection A(2), the Town shall consider the application complete. If the Town does not believe the application is complete, the Town 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.
(4) 
Within 90 days of its receipt of a complete application, the Town shall complete all of the following or the applicant may consider the application approved, except that the applicant and the Town may agree in writing to an extension of the ninety-day period:
(a) 
Review the application to determine whether it complies with all applicable aspects of the Town's Building Code and, subject to the limitations in this article, the Town's Zoning Ordinance.
(b) 
Make a final decision whether to approve or disapprove the application.
(c) 
Notify the applicant, in writing, of its final decision.
(d) 
If the decision is to disapprove the application, include with the written notification substantial evidence which supports the decision.
(5) 
The Town 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 A(2)(f).
(6) 
A party who is aggrieved by the final decision of the Town under Subsection A(4)(b) may bring an action in Sheboygan County Circuit Court.
(7) 
If an applicant provides the Town 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 § 330-78 of this chapter, § 330-78 does not apply in such a structure unless the Town provides the applicant with substantial evidence that the engineering certification is flawed.
(8) 
The Town may regulate the activities described under Subsection A(1) only as provided in this section.
B. 
Co-location on existing support structures.
(1) 
Class 2 co-location.
(a) 
A Class 2 co-location is a permitted use under §§ 59.69, 60.61, and 62.23, Wis. Stats.
(b) 
The Town may regulate a Class 2 co-location only as provided in this section.
(c) 
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.
(2) 
If an applicant submits to the Town an application for a permit to engage in a Class 2 co-location, the application shall contain all of the information required under Subsection A(2)(a) to (c), in which case the Town shall consider the application complete. If any of the required information is not in the application, the Town 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.
(3) 
Within 45 days of its receipt of a complete application, the Town shall complete all of the following or the applicant may consider the application approved, except that the applicant and the Town may agree in writing to an extension of the forty-five-day period:
(a) 
Make a final decision whether to approve or disapprove the application.
(b) 
Notify the applicant, in writing, of its final decision.
(c) 
If the application is approved, issue the applicant the relevant permit.
(d) 
If the decision is to disapprove the application, include with the written notification substantial evidence which supports the decision.
(4) 
A party who is aggrieved by the final decision of the Town under Subsection B(3)(a) may bring an action in Sheboygan County Circuit Court.
A. 
The recipient of a permit for a mobile service facility or support structure under this article shall notify the Town Clerk within 90 days of the permanent cessation of operations of the facility or structure. The owner of a mobile service support structure shall be responsible for its removal and the restoration of the site to a condition acceptable to the Town Board within nine months following the date the Town Clerk receives notice the structure is no longer in operation. The owner of a mobile service facility shall be responsible for its removal within three months following the date the Town Clerk receives notice the facility is no longer in operation.
(1) 
Site restoration shall include removal of any subsurface structure or foundation, including concrete, used to support a mobile service support structure down to five feet below the ground surface. The owner of said structure shall provide a signed and notarized document in recordable form to the Town of Holland stating the existence, description, and precise location of any subsurface structure remaining.
B. 
If no notice is received for a facility that has not been in operation for a continuous period of 12 months, the facility shall be considered abandoned.
(1) 
A surety bond or letter of credit or other surety, as determined by the Town Board, shall be provided by the applicant prior to the issuance of a building permit to cover the costs of complete removal of an abandoned facility, along with landscape remediation, landscaping, and removal of any on-site hazardous materials, if necessary. The Town of Holland shall be named as obligee in the bond and must approve the bonding company. The Town may require an increase in the bond amount after five-year intervals to reflect increases in the consumer price index; however, at no time shall the bond amount exceed $20,000. The applicant shall provide any increased bond within 60 days after the Town's request.
Pursuant to the Town's police power and pursuant to authority granted by §§ 66.0627 and 66.0703, Wis. Stats., any costs incurred by the governing authority in ensuring compliance with the application and any permit or with any other requirement of this article shall be billed to the permit holder and to the current title holder of the land, if different from the permit holder. Any amounts not paid within 30 days of billing shall accrue interest at 1.5% per month compounded monthly. Any amounts not paid within 90 days of billing shall be entered on the tax assessment roll as a special charge or special assessment for the parcel(s) upon which the mobile service facility and/or support structure is located.