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.
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 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.
PERMIT
A permit, other than a building permit, or approval issued
by the Town which authorizes any of the following activities by an
applicant:
C.
The construction of a mobile service support structure.
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.
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.
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.