[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
The owner requirements of Subchapter II of Ch. PSC 128, Wis.
Adm. Code, shall apply to all applications and are incorporated herein
by reference.
[Amended 3-10-2015 by Ord. No. 2015-01 (Exhibit "E")]
A. Purpose. The purpose of this section is to regulate by zoning permit:
(1) The
siting and construction of any new mobile service support structure
and facilities;
(2) With
regard to a Class 1 collocation, the substantial modification of an
existing support structure and mobile service facilities; and
(3) With
regard to a Class 2 collocation, collocation on an existing support
structure which does not require the substantial modification of an
existing support structure and mobile service facilities.
B. Definitions. All definitions contained in § 66.0404(1),
Wis. Stats., are hereby incorporated by reference.
C. Siting and construction of any new mobile service communication support
structure and facility.
(1) Application process.
(a)
A Town zoning permit is required for the siting and construction
of any new mobile service support structure and facilities. The siting
and construction of any new mobile service support structure and facilities
is a conditional use in the Town obtainable with this permit.
(b)
A written permit application must be completed by any applicant
and submitted to the Town. The application must contain 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 collocation, including
a sworn statement from an individual who has responsibility over the
placement of the mobile service support structure attesting that collocation
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 Town upon request
to any applicant.
(d)
If an applicant submits to the Town 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 Town shall
consider the application complete. If the Town does not believe that
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.
(e)
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:
[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 Town may disapprove an application if an applicant refuses to evaluate the feasibility of collocation within the applicant's search ring and provide the sworn statement described under Subsection
C(1)(b)[6] above.
(g)
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 a zoning ordinance, that zoning ordinance
does not apply to such a structure unless the Town provides the applicant
with substantial evidence that the engineering certification is flawed.
(h)
The fee for the permit is established by Town resolution; see
the Town Clerk for the current Fee Schedule.
D. Class 1 collocation.
(1) Application process.
(a)
A Town zoning permit is required for a Class 1 collocation.
A "Class 1 collocation" is a conditional use in the Town obtainable
with this permit.
(b)
A written permit application must be completed by any applicant
and submitted to the Town. The application must contain 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 collocation, including
a sworn statement from an individual who has responsibility over the
placement of the mobile service support structure attesting that collocation
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 Town upon request
to any applicant.
(d)
If an applicant submits to the Town 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 Town shall
consider the application complete. If the Town does not believe that
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.
(e)
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:
[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.
[a] Notify the applicant, in writing, of its final
decision.
[b] If the decision is to disapprove the application,
include with the written notification substantial evidence which supports
the decision.
(f)
The Town may disapprove an application if an applicant refuses to evaluate the feasibility of collocation within the applicant's search ring and provide the sworn statement described under Subsection
D(1)(b)[6] above.
(g)
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 a zoning ordinance, that zoning ordinance
does not apply to such a structure unless the Town provides the applicant
with substantial evidence that the engineering certification is flawed.
(h)
The fee for the permit is established by Town resolution; see
the Town Clerk for the current Fee Schedule.
E. Class 2 collocation.
(1) Application process.
(a)
A Town zoning permit is required for a Class 2 collocation.
A "Class 2 collocation" is a permitted use in the Town but still requires
the issuance of the Town permit.
(b)
A written permit application must be completed by any applicant
and submitted to the Town. The application must contain 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.
(c)
A permit application will be provided by the Town upon request
to any applicant.
(d)
A Class 2 collocation 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 Town 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 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.
(f)
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:
[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.
(g)
The fee for the permit is established by Town resolution; see
the Town Clerk for the current Fee Schedule.
F. Penalty provision. Any person, partnership, corporation, or other
legal entity that fails to comply with the provisions of this chapter
shall, upon conviction, pay a forfeiture of not less than $100 nor
more than $10,000, plus the applicable surcharges, assessments, and
costs for each violation. Each day a violation exists or continues
constitutes a separate offense under this chapter. In addition, the
Town board may seek injunctive relief from a court of record to enjoin
further violations.