[Amended 8-14-2017 by Ord. No. 1832]
This article is intended to regulate mobile service facilities
to the fullest extent allowed by Wis. Stats. § 66.0404 and
other applicable laws. Nothing herein is intended to regulate or authorize
the regulation of mobile service facilities in a manner that is preempted
or prohibited by Wis. Stats. § 66.0404 or other applicable
laws. This section does not apply to the installation of mobile service
facilities on utility poles.
Terms used herein shall have the meanings set forth in Wis.
Stats. § 66.0404(1) unless otherwise defined in this section:
Communications equipment that transmits and receives electromagnetic
radio signals and is used in the provision of mobile services.
An application for a permit under this article to engage
in either:
A permit issued by the village that authorizes an applicant
to conduct construction activity that is consistent with the Village
Building Code.
The placement of a new mobile service facility on an existing
structure such that the owner of the facility does not construct a
freestanding support structure for the facility but does engage in
substantial modification.
The placement of a new mobile service facility on an existing
structure such that the owner of the facility does not construct a
freestanding support structure for the facility or engage in substantial
modification.
Class 1 or Class 2 co-location, or both.
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.
An area surrounding or adjacent to the base of an existing
structure within which is located mobile service facilities.
A support structure that has existed in its current form
for at least two years before a request for permission to place mobile
service facilities on a support structure is filed with the Village,
and which was not otherwise modified in the past to accommodate the
placement of mobile service facilities.
Has the meaning given in 47 U.S.C. § 153(33). "Mobile
service" means a radio communication service carried on between mobile
stations or receivers and land stations, and by mobile stations communicating
among themselves, and includes:
Both one-way and two-way radio communication services;
A mobile service which provides a regularly interacting group
of base, mobile, portable and associated control and relay stations
(whether licensed on an individual, cooperative, or multiple basis)
for private one-way or two-way land mobile radio communications by
eligible users over designated areas of operation; and
Any service for which a license is required in a personal communications
service established pursuant to the proceeding entitled "Amendment
to the Commission's Rules to Establish New Personal Communications
Services" (GEN Docket No. 90-314; ET Docket No. 92-100), or any successor
proceeding.
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.
A person who provides mobile service.
A freestanding structure that is designed to support a mobile
service facility.
A permit, other than a building permit, or approval issued
by the Village or other governmental unit which authorizes any of
the following activities by an applicant:
A city, village, town, or county.[1]
The modification of a mobile service support structure, including
the mounting of an antenna on such a structure, that does any of the
following:
For structures with an overall height of 200 feet or less, increases
the overall height of the structure by more than 20 feet;
For structures with an overall height of more than 200 feet,
increases the overall height of the structure by 10% or more;
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; or
Increases the square footage of an existing equipment compound
to a total area of more than 2,500 square feet.
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.
A structure owned or operated by an alternative telecommunications
utility, as defined in Wisconsin Statutes; public utility, as defined
in Wisconsin Statutes; telecommunications utility, as defined in Wisconsin
Statutes; political subdivision or cooperative association organized
under Wisconsin Statutes; and that is designed specifically for and
used to carry lines, cables or wires for telecommunications service,
as defined in Wisconsin Statutes; for video service, as defined in
Wisconsin Statutes; for electricity or to provide light.
[1]
Editor's Note: The former definition of "public utility,"
which immediately followed this definition, was repealed 8-14-2017
by Ord. No. 1832.
The siting and construction of new mobile service support structures
and mobile service facilities, and substantial modifications of existing
structures and facilities (Class 1 co-location), shall be subject
to the following requirements:
A.
Application process. The applicant shall submit a written application,
which shall include all of the following information:
(1)
The name and business address of, and the contact individual for,
the applicant;
(2)
The location of the proposed or existing structure;
(3)
The location of the proposed or existing mobile service facility;
(4)
A construction plan which describes proposed or existing structure,
equipment, network components, antennas, transmitters, receivers,
base stations, power supplies, cabling, and related equipment to be
placed on or around the structure; and
(5)
For all new structures and facilities, an explanation as to why the
applicant chose the proposed location, and why the applicant did not
choose collocation, including a sworn statement from the responsible
party attesting that collocation 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.
Determination of completeness within 10 days of submittal. The Village
Public Works Director shall review the application and determine whether
the application is complete. If the application includes all of the
foregoing information, the application shall be found to be complete.
The Village Public Works Director shall notify 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.
C.
Conditional use review procedure. Any new support structure or substantial modification of a wireless telecommunications mobile service facility or support structure shall be a conditional use, subject to the procedures in § 16-16 of the Code of the Village of Whitefish Bay, as limited by Wis. Stats. § 66.0404. In addition, the following procedures shall apply:
(1)
Public hearing. Within a reasonable time after an application and
all required information has been filed, a public hearing shall be
held by the Plan Commission pursuant to this section. Within 40 days
after the public hearing and all investigation, the Plan Commission
shall make a decision, unless the time is extended by agreement with
the applicant.
(2)
Fee. Any application under this § 16-95 shall be accompanied by a fee of $3,000 or such other amount set from time to time by the Village Board to defray the cost of notification and holding of public hearing and costs incurred by the village in obtaining legal, planning, engineering and other technical and professional advice in connection with the review and implementation of the conditional use. Such fee shall not exceed the limits established by Wis. Stats. § 66.0404(4)(d).
(3)
Requirements.
(a)
Conditional use status shall not be granted to any new support
structure or substantial modification of a support structure unless
the applicant provides certification from a licensed engineer that
the structure is located so that there is sufficient land owned or
controlled by the applicant around the structure so that in the event
of its collapse the distance in all directions equal to its height
shall be comprised of property owned or controlled by the applicant.
Conditional use status may, however, be granted if an applicant provides
the Village with certification from a licensed engineer that the structure
is designed to collapse within a smaller area than the distance in
all directions equal to its height but still within an area comprised
of property owned or controlled by the applicant, unless the Village
provides the applicant substantial evidence that the engineering certification
is flawed.
(b)
All facilities and structures shall meet applicable state and
federal codes.
(4)
Determination. The Plan Commission shall make a decision on the application
within 90 days of Village receipt of the complete application unless
the time is extended by agreement of the petitioner. Said decision
shall be stated in writing and a copy made a permanent part of the
Village records. If conditional use status is not granted, the reasons
therefor will be included in such record. A grant of conditional use
status, subsequent changes or additions thereto and terminations thereof
shall be recorded as follows:
(a)
An official record of such conditional use shall be prepared
by the Village Public Works Director on a form prescribed therefor,
which shall include the description of the use for which the grant
is given and all conditions attached thereto, as well as a copy of
the action of the Village Board approving the grant. A copy of the
completed form may be recorded by the Milwaukee County Register of
Deeds as a covenant on the title for the premises for which the conditional
use was granted.
(5)
Changes or additions. Subsequent changes or additions to the approved
plans or use shall first be submitted for approval to the Plan Commission
and, if, in the opinion of the Village Public Works Director in his
or her review of the revisions requested, such change or addition
constitutes a substantial modification, a public hearing before the
Plan Commission shall be required and notice thereof be given pursuant
to this section.
(6)
Conditions. Conditions such as landscaping, architectural design,
type of construction, floodproofing, anchoring of structures, construction
commencement and completion dates, sureties, lighting, fencing, planting
screens, operational control, hours of operation, improved traffic
circulation, deed restrictions, highway access restrictions, increased
yard, or parking requirements, among other issues as deemed appropriate
may be required by the Plan Commission upon its finding that these
are necessary to fulfill the purpose and intent of this section; subject
to the limitations of Wis. Stats. § 66.0404(4).
(7)
Reconsideration. Applicants may, within 10 days of a Plan Commission decision on a conditional use under this § 16-95, request reconsideration by the Village Board, which reconsideration will be considered as an agenda item on the next scheduled Village Board meeting, at which meeting the Village Board may uphold, reverse or amend the Plan Commission's decision.
A.
Application information. If a proposed modification is not a substantial
modification (and thus a Class 2 co-location), the applicant shall
submit a written application that describes the applicant's basis
for concluding that the modification is not substantial and all of
the following information:
B.
Completeness determination within five days. The Village Public Works
Director will determine whether the application is complete. If the
application includes all of the foregoing information, the application
shall be found to be complete. The Village Public Works Director must
notify the applicant in writing within five days of receiving the
application if it is found not to be complete, specifying in detail
the required information that was incomplete. The applicant may resubmit
as often as necessary until it is complete.
C.
Fee. Any application for a Class 2 co-location shall be accompanied
by a fee of the lesser of the applicable building permit fee or $500
(or such other amount as set from time to time by the Village Board
to defray the cost of review). Costs incurred by the Village in obtaining
legal, planning, engineering and other technical and professional
advice in connection with the review and implementation of the modifications
may be charged to the petitioner. Such costs and fees shall not exceed
the limitations established by Wis. Stats. § 66.0404(4)(d).
D.
Determination. The Village Public Works Director shall make a decision
on the application within a reasonable time after receipt of the completed
application, and not later than 45 days after receipt of the completed
application unless the time is extended by the petitioner. Said decision
shall be stated in writing and a copy made a permanent part of the
Village records. If modifications as requested are not approved by
the Village Public Works Director, the reasons therefor will be provided
to the applicant in writing.
E.
Limitations upon authority. The Village review and action in the
matter shall be subject to the limitations imposed by Wis. Stats.
§ 66.0404(4), and such other laws as may apply which may
include 47 U.S.C. § 1455.
F.
Reconsideration. In addition to an aggrieved person's remedies before
the Zoning Board of Appeals pursuant to Wis. Stats. § 62.23(7)(e),
the applicant may, within 30 days, request reconsideration in writing,
in which case the Village Board reserves the right to reconsider and
amend, approve, or reverse the Village Public Works Director's decision.
