[Added 5-15-2017 by Ord. No. 2017-08]
The Village Board makes the following legislative findings with regard to telecommunication towers providing mobile telecommunication services:
A. 
The State Legislature passed 2013 Wisconsin Act 20 [Section 1269(I)] that imposed limits on local municipalities with respect to regulating telecommunication facilities within their jurisdictions.
B. 
The federal government adopted the Telecommunications Act of 1996 which established various requirements relating to telecommunication facilities.
C. 
The regulations in this article are intended to promote the public health, safety, and welfare, while at the same time not unduly restricting the development of needed telecommunication facilities.
D. 
The regulations in this article are intended to accomplish the following purposes, to the fullest extent permitted by law:
(1) 
Protect the visual character of the Village from the potential adverse effects of telecommunication facilities;
(2) 
Ensure that a competitive and broad range of telecommunications services and high-quality telecommunications infrastructure is provided;
(3) 
Create and preserve telecommunication facilities that will serve as an important and effective part of the Village's emergency response network;
(4) 
Minimize the number of towers by requiring co-location; and
(5) 
Avoid damage to adjoining properties by establishing setback standards.
A. 
The general steps outlined below shall be used to review an application for a new telecommunication tower and a Class 1 co-location as designated in the Table of Land Uses referenced in § 510-38.
(1) 
Submittal of application materials. The applicant submits a completed application to the Zoning Administrator along with the application fee as may be established by the Village Board.
(2) 
Determination of completeness. The Zoning Administrator reviews the application and determines whether the application is complete. If the application includes all of the required information, the application shall be found to be complete. The Zoning Administrator notifies the applicant, in writing, within 10 days of receiving the application if it is found not to be complete, and such notice shall specify in detail the required information that was incomplete. Applicants are allowed to resubmit their application as often as necessary until it is complete.
(3) 
Review date. When the Zoning Administrator determines the application is complete, he or she schedules the review with the Plan Commission consistent with its adopted calendar.
(4) 
General notice. The Zoning Administrator provides for a Class 2 public notice, property owner notice, and meeting agenda notice.
(5) 
Staff report preparation and distribution. The Zoning Administrator prepares a written staff report and provides a copy of it to each member of the Plan Commission and Village Board, the applicant, and any other interested person upon request.
(6) 
Public hearing. Allowing for proper notice, the Plan Commission conducts a public hearing to review the application. Prior to the close of the public hearing, the applicant or the Plan Commission may request a continuance.
(7) 
Staff follow-up. If the Plan Commission does not render a decision immediately following the public hearing, the Plan Commission may direct the Zoning Administrator to prepare a preliminary decision document.
(8) 
Recommendation. After considering all of the information submitted by the applicant, public comments received at the public hearing, and the staff report, the Plan Commission, no more than 40 calendar days after the public hearing, makes a recommendation to the Village Board to:
(a) 
Approve the application;
(b) 
Approve the application with conditions; or
(c) 
Deny the application.
(9) 
Transmittal of recommendation. If the Plan Commission action is favorable, the Zoning Administrator prepares a draft decision document effectuating its determination. If the Plan Commission action is not favorable, the Plan Commission reports its determination to the Village Board, including its reasons for denial.
(10) 
General notice. The Zoning Administrator places the matter on the meeting agenda of the Village Board.
(11) 
Village Board meeting. Allowing for proper notice, the Village Board considers the application at a regular or special meeting.
(12) 
Decision. After considering all of the information submitted by the applicant, public comments received at the public hearing, the staff report, and the Plan Commission's recommendation, the Village Board makes a decision to:
(a) 
Approve the application;
(b) 
Approve the application with conditions; or
(c) 
Deny the application.
(13) 
Preparation of final decision document. Based on the action of the Village Board, the Zoning Administrator prepares a final decision document.
(14) 
Applicant notification. Within a reasonable time following the Village Board's decision, the Zoning Administrator mails the decision document to the applicant by regular mail. Final action, including written notification, must be taken within 90 days of the date the application is deemed complete, unless the time is extended by the applicant in writing.
(15) 
Acceptance by property owner. If the application is approved, the property owner must sign the decision document to acknowledge the terms of the approval and return the same to the Zoning Administrator within six months of the decision. Prior to the expiration of the previously specified time period, the property owner may submit a petition to the Village Clerk requesting an extension, and the Village Board may, with cause, extend the period within which the decision document must be signed. If the signed decision document is not returned within the initial or extended time period, if any, the decision is null and void without any further action by the Village. The applicant shall not proceed until all required signatures have been obtained and the original signature copy is returned to the Zoning Administrator.
(16) 
Public record copy. A duplicate copy of the decision document is retained as a public record.
(17) 
Recording of decision document. If the property owner returns the decision document within the required time period with the required signatures, the Zoning Administrator records the decision document against the subject property in the Waukesha County Register of Deeds' office.
B. 
In the event an applicant believes the Village has exceeded its authority as set forth in § 66.0404, Wis. Stats., and other such laws as may apply, which may include 47 U.S.C.A. § 1455, the applicant shall notify the Zoning Administrator, in writing, and the reviewing authority reserves the right to reconsider the matter, to ensure that applicable laws are followed.
A. 
The general steps outlined below shall be used to review an application for a Class 2 co-location, which is allowed in all zoning districts. (See the Table of Land Uses referenced in § 510-38.)
(1) 
Submittal of application materials. The applicant submits a completed application to the Zoning Administrator along with the application fee as may be established by the Village Board.
(2) 
Determination of completeness. The Zoning Administrator reviews the application and determines whether the application is complete. If the application includes all of the required information, the application shall be found to be complete. The Zoning Administrator must notify the applicant, in writing, within five days of receiving the application if it is found not to be complete, and such notice shall specify in detail the required information that was incomplete. Applicants are allowed to resubmit their application as often as necessary until it is complete.
(3) 
Decision. The Zoning Administrator makes a decision on the application and notifies the applicant within 45 days of the date the application is deemed complete, unless the time is extended by the applicant. The decision shall be stated in writing. If approval is not granted, the reasons therefor must be stated.
(4) 
Public record copy. A duplicate copy of the decision document is retained as a public record.
B. 
In the event an applicant believes the Village has exceeded its authority as set forth in § 66.0404, Wis. Stats., and other such laws as may apply, which may include 47 U.S.C.A. § 1455, the applicant shall notify the Zoning Administrator, in writing, and the reviewing authority reserves the right to reconsider the matter, to ensure that applicable laws are followed.
A. 
New telecommunication tower and Class 1 co-location. An application form for a new telecommunication tower or a Class 1 co-location shall include all of the following information as appropriate:
(1) 
The name and business address of, and the contact individual for, the applicant.
(2) 
The location of the proposed tower or affected tower.
(3) 
The location of the proposed mobile service facility.
(4) 
If an application is to substantially modify an existing telecommunication tower, a construction plan which describes the proposed modifications to the tower, and equipment and network components, including antennas, transmitters, receivers, base stations, power supplies, cabling, and related equipment associated with the proposed modifications.
(5) 
If an application is to construct a new telecommunication tower, a construction plan which describes the proposed tower and equipment and network components, including antennas, transmitters, receivers, base stations, power supplies, cabling, and related equipment to be placed on or around the new tower.
(6) 
If an application is to construct a new telecommunication tower, 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 the responsible party attesting that co-location within the applicant's service area would not result in the same mobile service functionality, coverage, and capacity; is technically infeasible; or is economically burdensome.
B. 
Class 2 co-location. An application form for a Class 2 co-location shall include the following information:
(1) 
The name and business address of, and the contact individual for, the applicant.
(2) 
The location of the proposed tower or affected tower.
(3) 
The location of the proposed mobile service facility.
A. 
Generally. The reviewing authority may impose one or more conditions of approval as may be necessary to grant approval. Such conditions may relate to any aspect of the use that impacts the public health, safety, or general welfare, subject to Subsection B below.
B. 
Limitations. The reviewing authority may not impose conditions prohibited by § 66.0404(4), Wis. Stats.
If the Zoning Administrator determines that substantial work as authorized by the approval did not commence within 12 months of the date of approval or if substantial work did commence within 12 months of the date of approval but has not continued in good faith to completion, he or she shall initiate the process to terminate the approval, which must include a public hearing with written notice given to the property owner, and operator if different. Upon written petition and with cause, the Zoning Administrator may grant a one-time extension not to exceed six months, provided:
A. 
The permit holder requests the extension prior to the expiration of the approval;
B. 
The permit holder clearly demonstrates that circumstances beyond his or her control prevented the start of construction and the continuation of the same; and
C. 
The project complies with this chapter in effect at the time the extension is granted.
Following approval, the Plan Commission shall review all proposed changes to the approval. If, in the opinion of the Plan Commission, the proposed change constitutes a minor alteration, the Plan Commission may approve the requested change, in writing, at a regular or special meeting of the Plan Commission without following the review procedure in this article. If the proposed change constitutes a major alteration, the review procedure in effect at the time of submittal shall be followed.