[Amended 6-2-2016 by Ord.
No. 2016-02]
A. Approval required. No owner shall, within the Village, build, construct,
use or place any type or kind of wind energy system facility without
holding the appropriate conditional use permit for said system.
B. Separate permit required for each system. A separate conditional
use permit shall be required for each system. Said permit shall be
applicable solely to the systems, structures, use and property described
in the permit.
C. Basis of approval. The Village Board and Planning Commission shall
base their determinations on general considerations as to the effect
of such grant on the health, general welfare, safety and economic
prosperity of the Village and, specifically, of the immediate neighborhood
in which such use would be located, including such considerations
as the effect on the established character and quality of the area,
the movement of traffic, the demand for related services, the possible
hazardous, harmful, noxious, offensive or nuisance effect as a result
of noise, dust, smoke or odor and such other factors as would be appropriate
to carry out the intent of the Zoning Code.
D. Definition. For the purposes of this section, the following term
is defined as indicated:
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
WIND ENERGY SYSTEMS
Equipment and associated facilities that convert and then
store or transfer energy from the wind into usable forms of energy.
[Amended 6-2-2016 by Ord.
No. 2016-02]
A. Application. The permit application for a wind energy system shall
be made to the Zoning Administrator on forms provided by the Village.
The application shall include the following information:
(1) The name and address of the applicant along with a primary contact
name and phone number.
(2) The address(es) of the property on which the system and support structures
will be located.
(3) Written permission of the property owner if that is someone other
than the applicant.
(4) Applications for the erection of a wind energy system shall be accompanied
by a plat or survey for the property to be served showing the property
lines, adjacent streets, easements, drainage paths, existing structures
on or within 100 feet of the property, existing utilities, existing
trees six inches dbh or larger, the location of the tower and any
accessory buildings and the means by which the facility will provide
power to structures. If the system is intended to provide power to
more than one premises, the plat or survey shall show all properties
to be served and the means of connection to the wind energy conversion
system. A copy of all agreements with system users off the premises
shall accompany the application. The application shall further indicate
the level of noise to be generated by the system and provide assurances
as to the safety features of the system. Energy easements shall accompany
the application.
(5) An accurate and complete written description of the use for which
special grant is being requested, including pertinent statistics and
operational characteristics.
(6) Plans and other drawings showing proposed development of the site
and buildings, including landscape plans, location of parking and
service areas, driveways, exterior lighting, type of building material,
etc., if applicable. The plans shall also show the main structure
and support structures, equipment, and network components, including
base stations, power supplies, cabling, and related equipment to be
placed on or around the site.
(7) If an applicant submits to the Village an application for a permit which contains all of the information required in Subsection
A(1) through
(6) and §
575-82, as applicable, the Zoning Administrator shall consider the application complete. If the Village does not believe that the application is complete, the Village shall notify the applicant, in writing, within 10 days of receiving the application. 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. If the application is complete and contains all required information, the Zoning Administrator shall refer it to the Planning Commission for final action.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
B. Hearing. Following receipt and review of Planning Commission findings, the Planning Commission shall schedule a public hearing following the procedures for conditional use permits in Article
IV.
C. Determination.
(1) Within 90 days of receipt of a complete application, the Village
shall complete the following or the applicant may consider the application
approved except that the applicant and the Village may agree, in writing,
to an extension of the ninety-day period:
(a)
Review the application to determine whether it is complete with
all applicable aspects of the Village's building code and zoning ordinances.
(b)
Make a final decision whether to approve or disapprove the application.
(c)
Notify the applicant, in writing, of the final decision.
(d)
If the decision is to disapprove the application, include with
the written notification substantial evidence which supports the decision.
A party who is aggrieved by the final decision of the Village may
bring an action in the Circuit Court of Ozaukee County.
(2) Fees.
(a)
New structure or substantial modification permit in accordance
with the Village's current Schedule of Fees.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
(b)
Payment of a third-party consultant's fee for review of the
plans and specifications.
(3) Surety. The applicant will provide a surety in the form of a bond
for the amount of $20,000 or in accordance with the Village's current
Schedule of Bonds. Following public hearing and necessary study and investigation,
the Village Board shall render its decision and a copy be made a permanent
part of the Board's minutes. Such decision shall include an accurate
description of the conditional use permitted, of the property on which
permitted, and any and all conditions made applicable thereto. The
Village Board may impose any conditions or exemptions on the persons
affected by granting the conditional use permit.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
D. Termination. When a conditional use does not continue in conformity
with the conditions of the original approval, or where a change in
the character of the surrounding area or of the use itself cause it
to be no longer compatible with surrounding areas, or for similar
cause based upon consideration for the public welfare, the conditional
grant may be terminated by the action of the Village Board following
a public hearing thereon.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
E. Changes. Subsequent change or addition to the approved plans or use
shall first be submitted for approval to the Village Board and if
in the opinion of the Board, such change or addition constitutes a
substantial alteration, a public hearing before the Village Board
shall be required and notice thereof be given.
F. Approval does not waive permit requirements. The approval of a permit
under this article shall not be construed to waive the requirement
to obtain electrical, building or plumbing permits prior to installation
of any system.
[Amended 6-2-2016 by Ord.
No. 2016-05; 2-21-2019 by Ord. No. 2019-01; 11-7-2019 by Ord. No. 2019-08]
A. Title. This section is entitled the "Village of Fredonia Mobile Tower
Siting Permit Ordinance."
B. 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 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.
C. Authority. The Village Board has the specific authority under § 66.0404,
Wis. Stats., to adopt and enforce this chapter.
D. Adoption of ordinance. This chapter, adopted by a majority of the
Village Board on a roll call vote with a quorum present and voting
and proper notice having been given, provides for the regulation by
zoning permit of: (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.
E. Definitions. All definitions contained in § 66.0404(1),
Wis. Stats., are hereby incorporated by reference.
F. Siting and construction of any new mobile service support structure
and facilities. Application process:
(1) A Village 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 Village obtainable with this permit. Small
wireless facilities are classified as a permitted use in nonresidential
zoning districts and are not subject to this zoning ordinance if collocated
in a right-of-way.
(2) A written permit application must be completed by any applicant and
submitted to the Village. The application must contain 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. Towers
shall be set back a minimum distance equal to the height of the tower
from adjacent residential zoned parcels. Small wireless facilities
and utility poles, may not obstruct or hinder travel, drainage, maintenance,
or the public health, safety, and general welfare on or around the
right-of-way, or obstruct the legal use of the right-of-way for other
communications providers, public utilities, cooperative associations
organized for the purpose of producing or furnishing heat, light,
power, or water to their members only, or pipes or pipelines transmitting
liquid manure.
[1]
Except as provided in Subsection
F(2)(c), the height of a utility pole installed, or modified, in a right-of-way may not exceed the greater of:
[a] A height that is 10% taller than the tallest existing
utility pole as of the effective date of this Subsection F(2)(c)[1][a]
that is located within 500 feet of the new or modified utility pole
in the same right-of-way.
[b] Fifty feet above ground level.
[2]
The height of a small wireless facility installed, or modified,
in a right-of-way may not exceed the greater of:
[a] A height that is 10% taller than the existing utility
pole or wireless support structure on which the small wireless facility
is located.
[b] Fifty feet above ground level.
(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) A permit application will be provided by the Village upon request
to any applicant.
(4) Damage and repair. The Village requires a wireless provider to repair
all damage that is directly caused by the activities of the wireless
provider in a right-of-way involving its small wireless facilities
or structures, and to return the right-of-way to its former condition
before it was so damaged. If the wireless provider fails to make the
required repairs within a reasonable amount of time after receiving
a written request to do so from the Village, the Village may make
the necessary repairs and charge the liable party for the cost of
the repairs. This paragraph does not prohibit the Village from recovering
damages under Wis. Stats. 86.02.
(5) If an applicant submits to the Village 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 Village shall
consider the application complete. If the Village does not believe
that the application is complete, the Village 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.
(6) Within 90 days of its receipt of a complete application, the Village
shall complete all of the following or the applicant may consider
the application approved, except that the applicant and the Village
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 political subdivision's building code
and, subject to the limitations in this section, zoning ordinances.
(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.
(7) The Village 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
F(2)(f).
(8) If an applicant provides the Village 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 Village provides the
applicant with substantial evidence that the engineering certification
is flawed.
(9) The fee for the permit shall be in accordance with the Village's
current Schedule of Fees.
G. Class 1 co-location. Application process:
(1) A Village zoning permit is required for a Class 1 co-location. A
Class 1 co-location is a conditional use in the Village obtainable
with this permit.
(2) A written permit application must be completed by any applicant and
submitted to the Village. The application must contain 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) A permit application will be provided by the Village upon request
to any applicant.
(4) If an applicant submits to the Village 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 Village shall
consider the application complete. If the Village does not believe
that the application is complete, the Village 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.
(5) Within 90 days of its receipt of a complete application, the Village
shall complete all of the following or the applicant may consider
the application approved, except that the applicant and the Village
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 political subdivision's building code
and, subject to the limitations in this section, zoning ordinances.
(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.
(6) The Village 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
G(2)(f).
(7) If an applicant provides the Village 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 set back or
fall zone area required in a zoning ordinance, that zoning ordinance
does not apply to such a structure unless the Village provides the
applicant with substantial evidence that the engineering certification
is flawed.
(8) The fee for the permit shall be in accordance with the Village's
current Schedule of Fees.
H. Class 2 co-location. Application process:
(1) A Village zoning permit is required for a Class 2 co-location. A
Class 2 co-location is a permitted use in the Village but still requires
the issuance of the Village permit.
(2) A written permit application must be completed by any applicant and
submitted to the Village. The application must contain 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.
(3) A permit application will be provided by the Village upon request
to any applicant.
(4) 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. Reference other ordinances
such as, but not limited to, electrical codes, plumbing codes, and
zoning codes.
(5) If an applicant submits to the Village 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 Village shall
consider the application complete. If any of the required information
is not in the application, the Village 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.
(6) Within 45 days of its receipt of a complete application, the Village
shall complete all of the following or the applicant may consider
the application approved, except that the applicant and the Village
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.
(7) The fee for the permit shall be in accordance with the Village's
current Schedule of Fees.
I. Penalty provisions. Any person, partnership, corporation, or other legal entity that fails to comply with the provisions of this chapter shall, upon conviction, be punishable as set forth in §
1-4, General penalty, of the Code. Each day a violation exists or continues constitutes a separate offense under this chapter. In addition, the Village Board may seek injunctive relief from a court of record to enjoin further violations.