Village of Mount Pleasant, WI
Racine County
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[Ord. No. 10-08, § 86-101, 7-14-2008]
(a) 
The Communications Act of 1934 as amended by the Telecommunications Act of 1996 ("the Act") grants the Federal Communications Commission (FCC) exclusive jurisdiction over:
(1) 
The regulation of the environmental effects of radio frequency (RF) emissions from telecommunications facilities; and
(2) 
The regulation of radio signal interference among users of the RF spectrum.
(b) 
The Village's regulation of towers and telecommunications facilities in the Village will not have the effect of prohibiting any person or entity from providing wireless telecommunications services in violation of the Act.
[Ord. No. 10-08, § 86-102, 7-14-2008]
(a) 
The general purpose of this chapter is to regulate the placement, construction, and modification of towers and telecommunications facilities in order to protect the health, safety, and welfare of the public, while at the same time not unreasonably interfering with the development of the competitive wireless telecommunications marketplace in the Village. This chapter is inapplicable to towers and telecommunication facilities existing at the effective date of this chapter until modifications are requested. In the event, any owner/lessee of an already existing tower or telecommunications facility seeks to modify said tower/facility, this chapter shall be applicable.
(b) 
Specifically, the purposes of this chapter are:
(1) 
To regulate the location of towers and telecommunications facilities in the Village;
(2) 
To protect residential areas and land uses from potential adverse impact of towers and telecommunications facilities;
(3) 
To minimize adverse visual impact of towers and telecommunications facilities through careful design, siting, landscaping, and innovative camouflaging techniques;
(4) 
To promote and encourage shared use/collocation of towers and antenna support structures as a primary option rather than construction of additional single-use towers;
(5) 
To promote and encourage utilization of technological designs that will either eliminate or reduce the need for erection of new tower structures to support antenna and telecommunications facilities;
(6) 
To avoid potential damage to property caused by towers and telecommunications facilities by ensuring such structures are soundly and carefully designed, constructed, modified, maintained, and removed when no longer used or are determined to be structurally unsound;
(7) 
To ensure that towers and telecommunications facilities are compatible with surrounding land uses; and
(8) 
To promote public health, safety and welfare by requiring proper setbacks and regulating construction of structures within the fall zone of towers and telecommunications facilities.
[Ord. No. 10-08, § 86-103, 7-14-2008]
(a) 
The following words, terms, and phrases, when used in this section, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
ANTENNA
Any exterior transmitting or receiving device mounted on or affixed to a tower, building, or structure and used in communications that radiate or capture electromagnetic waves, digital signals, analog signals, radio frequencies (excluding radar signals), wireless telecommunications signals or other communications signals. The term "antenna," as used in this article, shall not include residential television antennas, residential satellite dishes 30 inches in diameter or less, amateur radio antennas, municipal CB radio antennas, or other CB radio antennas in conformance with applicable zoning district height regulations. "Earth Station Dish Antennas" and/or "terrestrial" antennas are those satellite signal receiving dishes affixed to a ground support or a structure greater than 30 inches in diameter and less than 42 inches in diameter.
ANTENNA SUPPORT STRUCTURE
Any building or structure other than a tower which can be used for location of telecommunications facilities.
APPLICANT
Any person that applies for a tower and/or telecommunications facility development permit.
APPLICATION
The process by which the owner of a parcel of land within the Village submits a request to develop, construct, build, modify, or erect a tower upon such parcel of land. Application includes all written documentation, verbal statements, and representations, in whatever form or forum, made by an applicant to the Village concerning such a request.
COLLOCATION
The provision of multiple antennas or more than one commercial wireless communication service provider or government entity on a single tower or structure.
ENGINEER
Any engineer licensed by the State of Wisconsin.
FAA
Federal Aviation Administration.
FCC
Federal Communications Commission.
HEIGHT
When referring to a tower or other structure, the distance measured from finished grade to the highest point on the tower or other structure, including the base pad.
MODIFICATIONS/MODIFY
Any change, enhancement or improvements to a tower or telecommunications facility that increases the function of the structure, lattice, base support or increase in the amount of antenna or receivers to be affixed to any tower. Routine maintenance, including but not limited to, painting, etc., of the periodic replacement of guy wires shall not be defined as a modification for the purpose of this chapter.
OWNER
Any person with fee title to any parcel of land within the Village who desires to develop, or construct, build, modify, or erect a tower upon such parcel of land.
PERSON
Is any natural person, firm, partnership, association, corporation, company, or other legal entity, private or public, whether for profit or not for profit.
STEALTH
Any tower or telecommunications facility which is designed to enhance compatibility with adjacent land uses, including, but not limited to, architecturally screened roof-mounted antennas, antennas integrated into architectural elements, and towers designed to look other than like a tower such as light poles, power poles, and trees. The term stealth does not necessarily exclude the use of uncamouflaged lattice, guyed or monopole tower designs.
TELECOMMUNICATIONS FACILITIES
Any cables, wires, lines; wave guides, antennas, and any other equipment or facilities associated with the transmission or reception of communications which a person seeks to locate or has installed upon or near a tower or antenna support structure. However, telecommunications facilities shall not include:
(1) 
Any satellite earth station antenna two meters in diameter or less which is located in an area zoned industrial or commercial; or
(2) 
Any satellite earth station antenna 42 inches or less in diameter, regardless of zoning category.
TOWER
Any structure that is designed and constructed for the purpose of supporting one or more antennas for telephone, radio, and similar communication purposes, including but not limited to, self-supporting lattice towers, guyed towers, or monopole towers, common-carrier towers, cellular telephone towers, alternative tower structures, and the like. The term includes the foundation, structure and any support there.
[Ord. No. 10-08, § 86-101, 7-14-2008]
(a) 
Antennas, including earth station dish antennas and terrestrial antennas are permitted as accessory uses. Terrestrial antennas may be located in the rear yard or on the roof of the principal structure in all residential districts within the maximum permitted height of the proposed structure. Earth station dish antennas may be located in the rear yard in any residential district subject to an approved "screening" plan. Terrestrial antennas and earth station dish antennas may be located in the side or rear yard or on the roof of the principal structure in all agricultural, business, manufacturing, institutional or park districts subject to the maximum permissible structure height. In addition:
(1) 
All Antennas, including earth station dish antennas, shall be manufactured and installed in compliance with Federal Communications Commission (FCC) and Federal Aviation Administration (FAA) regulations and applicable Village airport safety zones, and Village building and electrical codes.
(2) 
Not more than two dish antennas, whether earth station or terrestrial, per dwelling unit shall be permitted on a lot or parcel in a residential zoning district without permission of the Village Plan Commission.
(3) 
Earth station dish antennas shall be located and designed to reduce their visual impact on surrounding properties and roadways.
(4) 
No form of advertising or identification may be displayed on the dish or framework of all earth station dish other than the customary manufacturer's identification plates, except on an earth station dish that is less than 32 inches in diameter.
(5) 
Portable or trailer-mounted antennas are not permitted; with the exception of temporary installation for on-site testing and demonstration purposes for a period not to exceed two days at any one location.
(6) 
Ground mounted communication structures, such as radio and television transmission and relay towers, aerials, and radio and television receiving and transmitting antennas, not including ground and building-mounted earth station dish antennas, shall not, in any zoning district, be located less than 1.25 time the height of the structure or tower (whichever is taller) to any lot line. Ground-mounted earth station dish antennas shall not exceed a height of 15 feet. Building-mounted earth station dish antennas shall not exceed the maximum height regulation of the district in which they are located.
[Ord. No. 10-08, § 86-105, 7-14-2008]
(a) 
Background and purpose. Recent advances in wireless communications technology have resulted in a new generation of telecommunication services. These new services transmit electromagnetic waves of such a frequency and power that will likely require numerous antenna locations. These antennas may be located on buildings, water towers and other similar structures but will also frequently be located on new or conforming existing towers. This requires that the Village regulate these wireless communication system facilities in a different manner than conventional television and radio transmission towers, which are able to transmit their signals at much greater distances.
(1) 
A number of providers of wireless communication services have recently been licensed by the Federal Communications Commission and additional providers are expected to be licensed in the near future. These firms are expected to pursue antenna sites within the Village and these efforts are expected to include requests to construct new communication towers.
(2) 
The intent of this proposed regulation is to provide for the establishment and or expansion of wireless telecommunication services within the Village while protecting neighborhoods and airport safety zones and minimizing the adverse visual and operational effects of wireless telecommunications facilities through careful design, siting and screening. More specifically this regulation has been developed in order to:
a. 
Maximize use of existing and approved conforming towers and other structures to accommodate new antennas and transmitters in order to reduce the number of communication towers needed to serve the community;
b. 
Encourage providers to co-locate their facilities on a single tower;
c. 
Minimize the location of facilities in visually sensitive areas;
d. 
Encourage creative design measures to camouflage facilities;
e. 
Encourage the use of monopole towers as more eco-friendly and more;
f. 
Protect residential areas from potential adverse impacts of communication towers;
g. 
Avoid potential damage to adjacent properties from tower failure through engineering and careful siting of tower structures; and
h. 
Avoid potential for personal injuries to persons in close proximity to supporting structures due to collapse and/or falling ice.
(b) 
Location preferences. The locations for siting the equipment involved in receiving or transmitting electromagnetic waves associated with wireless telecommunication services are listed in the following order of preference.
(1) 
On existing structures such as buildings, water towers and utility poles.
(2) 
On existing conforming towers that otherwise meet local, state and federal regulations.
(3) 
On new towers less than 100 feet in height located in industrial or institutional zones.
(4) 
On new towers 100 feet or greater in height located in industrial or institutional zones.
(5) 
On new towers less than 100 feet in height located in commercial zones.
(6) 
On new towers 100 feet or greater in height located in commercial zones.
(7) 
On new towers less than 100 feet in height located in residential zones.
(8) 
On new towers 100 feet or greater in height located in residential zones.
(9) 
On existing nonconforming towers only when a showing is made that co-location on an existing nonconforming tower is the only physically legitimate option.
(c) 
Permitted uses. The following uses which generally pose minimum adverse visual effect may be permitted upon review by the Village planning and zoning department upon a written showing by the applicant demonstrating compliance. Such permitted uses must obtain a building permit, and are subject to the submittal requirements that would meet and obtain "staff" approval established in applicable sections of Code of Ordinances for the Village of Mount Pleasant. A site plan is necessary for a permitted use.
(1) 
Wireless telecommunications sites where the antenna is mounted to existing buildings, conforming towers, utility poles, water towers, light standards or other structures provided the following standards are met:
a. 
No changes are made to the height of such structure.
b. 
No panel antenna shall exceed 72 inches in height and 24 inches in width.
c. 
No dish antenna shall exceed three feet in diameter.
d. 
All accompanying equipment buildings or boxes shall be screened and fenced as approved by the Village as part of the site plan review.
e. 
The structure and antenna total height complies with the applicable zoning district height regulations.
f. 
The owner of the structure specifically approves the use in writing.
(d) 
Uses allowed only by conditional use permit. Wireless telecommunications sites not otherwise permitted in Subsection (c) shall be considered conditional uses in all zoning districts. All wireless telecommunication sites requiring a conditional use permit shall submit a site plan in conformance with the standards below.
(e) 
Site plan requirements. All proposals to develop a wireless telecommunication site shall be subject to the site plan requirements listed below. No tower shall ever be defined or considered a permitted use. Rather towers shall always be defined as conditional uses.
(1) 
Permitted use.
a. 
A complete site plan application and checklist with applicable fee as determined by the Village Board.
b. 
A plan prepared by a State of Wisconsin licensed civil engineer showing where and how the proposed antenna will be affixed to a building or structure.
c. 
Details of all proposed antenna and mounting equipment including size and color.
d. 
An elevation of all proposed equipment buildings or boxes and details of all proposed fencing and screening.
e. 
A report from a State of Wisconsin licensed civil engineer indicating that the proposed wireless telecommunication site will not interfere with local and regional public safety communications.
(2) 
Conditional use permit.
a. 
A complete conditional use application with applicable fee as determined by the Village Board.
b. 
All of the plans and information required for permitted uses in the previous subsection.
c. 
A design drawing including cross-section and elevation of all proposed towers. A description of the tower's capacity including the number and type of antennas it can accommodate as well as the proposed location of all mounting positions for co-located antennas and the minimum separation distances between antennas. Where a monopole is proposed the design shall illustrate how the tower will collapse upon itself without encroaching upon any adjoining property line.
Upon request of the Plan Commission the applicant shall provide a Digital 3D rendering of the proposed wireless telecommunication site within the context of the surrounding area in order to help the commission ascertain the visual impacts associated with such proposal.
d. 
An analysis of the fall zone for the proposed tower prepared by a licensed engineer.
e. 
Proof that either the applicant or co-applicant holds a bona fide license from the Federal Communications Commission (FCC) to provide the telecommunications services that the proposed tower is designed to support.
f. 
A report or letter from the Federal Aviation Administration (FAA) that the proposed tower complies with all airport safety requirements of and for Racine Batten Airport and where applicable Sylvania Airport.
g. 
A report from a State of Wisconsin licensed civil engineer that the proposed tower complies with the Village airport safety zoning regulations.
h. 
A map depicting the extent of the provider's planned coverage within the Village and the service area of the proposed wireless telecommunications site.
i. 
A map indicating the search radius for the proposed wireless telecommunication site.
j. 
Upon request of the Plan Commission the applicant shall provide a Digital 3D rendering of the proposed wireless telecommunication site within the context of the surrounding area in order to help the commission ascertain the visual impact associated with such proposal.
k. 
For towers located in a residential zoning district or within 1,000 feet of a residential zoning district, the applicant shall provide a view shed analysis showing all areas from which the tower would be visible.
l. 
Expiration of permit. The approval of an application for conditional use permit shall be void and of no effect unless construction of the project commences within one year and is completed within two years from the date of the approval granted by the Village Board. For purposes of this regulation, start of construction shall be defined as the installation of a permanent building foundation or slab. The Village Board may grant up to two six-month extensions of the time to start construction upon written request by the applicant and landowner. The Village Board shall not approve an extension unless the development plan is brought into conformance with any relevant zoning regulations, which have been amended subsequent to the original approval and unless the applicant provides adequate evidence that construction is able to begin within the extended time period sought. The Village Board may, as a condition of approval of a conditional use permit, establish a time period that such conditional use permit shall remain in effect.
(f) 
Height, setback requirements, and distance to other structures.
(1) 
Height. Towers are exempt from all other maximum height restrictions of the districts where located.
a. 
The maximum height of a tower proposed under Chapter 86 regardless of zoning classification and regardless of whether affixed to a structure or the ground shall be 200 feet including the antenna and all other appurtenances. The height of a tower mounted on a building shall be measured from the average level of the ground along all walls of the building to the tallest point on the tower including the antenna and all other appurtenances.
b. 
The maximum height of any rooftop mounted equipment building or box (including antennas) shall be 15 feet above the roof surface.
(2) 
Setbacks.
a. 
All towers affixed to the ground shall comply with the following minimum property line setbacks:
1. 
In all zoning districts within the Village no wireless radio and television transmission and relay tower, aerials and radio and television receiving and transmitting antennas shall be located closer than 125% of the tower's height from any lot line.
2. 
All equipment buildings/boxes or equipment areas, which are each 50 square feet or greater in area, shall comply with the minimum property line setbacks for a principal building in the underlying zone. All equipment buildings/boxes or equipment areas which are each less than 50 square feet in area shall comply with the following minimum property line setbacks:
[a] 
Front yard or street yard — Same as for a principal building in the underlying zone.
[b] 
Rear and side yards — 15 feet.
b. 
All wireless radio and television transmission and relay towers, aerials and radio and television receiving and transmitting antennas mounted or affixed to buildings shall comply with the following:
1. 
No such facility may be located such that the facilities "fall distance" shall extend over the edge of the structure to which the facility is affixed.
(3) 
Distance to other structures.
a. 
For ground mounted/affixed towers.
1. 
The Village has for years followed the accepted custom, habit and practice based upon the health, safety and welfare of the residents of the Village to limit and prevent the location and building of structures within the fall distance of towers. Towers have in the past and will doubtless in the future malfunction, become unsafe and in some instances collapse. Additionally, blowing ice from the structure and appurtenances thereto has caused a hazardous condition. Consequently, within this chapter the Village has required that towers constructed upon other structures not be capable of collapsing or falling over the edge of any building.
2. 
For ground mounted or affixed towers new structure or building expansion shall be prohibited within a distance of 100% of the tower's height to the base of said tower.
(g) 
General requirements.
(1) 
No wireless telecommunication "tower" (either monopole or lattice and regardless of whether it is a transmitting or receiving tower) shall be located within 500 feet of an existing or proposed residential area denoted on the adopted Comprehensive Land Use and Transportation 2030 Plan.
(2) 
No lights shall be mounted on proposed towers unless otherwise required in writing by the FAA.
(3) 
Towers not requiring special FAA painting or markings shall be painted a noncontrasting blue or gray.
(4) 
Towers may not be used to exhibit any signage or other advertising.
(5) 
Any proposed tower shall be designed in all respects to accommodate both the applicant's antennas and comparable antennas for at least two additional users if the tower is over 100 feet in height or for at least one additional comparable antenna if the tower is between 50 and 100 feet in height. The Plan Commission may require the tower to be of such design as to allow for future rearrangement of antennas upon the tower and to accommodate antennas mounted at varying heights.
(6) 
Antennas or equipment buildings/boxes mounted to or on buildings or structures shall, to the greatest degree possible, blend with the color and design of such building or structure.
(7) 
No proposed wireless telecommunication site shall be designed, located or operated as to interfere with existing or proposed public safety communications.
(8) 
No wireless telecommunication site shall be located within a designated floodplain or wetland.
(9) 
The design of all wireless telecommunication sites shall comply with the standards promulgated by the FCC for emissions.
(10) 
All utilities proposed to serve new wireless telecommunication sites shall be installed underground unless otherwise approved by the Plan Commission.
(11) 
All generators installed in conjunction with any wireless telecommunication site shall comply with all local noise regulations.
(h) 
Factors upon which conditional use permit decisions of the Plan Commission shall be based. In considering applications for wireless telecommunication sites, the Plan Commission shall also find:
(1) 
In the case where an application for the proposed location of a wireless telecommunication facility is not a preferred site as identified in § 86-105 that the applicant has adequately described the efforts and measures taken to pursue those preferences and why a higher preference location was not technologically, legally or economically feasible. The supplied documentation should evaluate the following factors:
a. 
The planned equipment would cause unacceptable interference with the operation of other existing or planned equipment on an existing or approved tower as documented by a qualified licensed engineer and that the interference cannot be prevented or eliminated at a reasonable cost as determined by the Plan Commission.
b. 
The planned equipment cannot be accommodated on existing or approved towers due to structural deficiencies as documented by a qualified licensed engineer and that such deficiencies cannot be eliminated at a reasonable cost as determined by the Plan Commission.
c. 
The existing or planned equipment on an existing or approved tower would cause unacceptable interference with the equipment proposed by the applicant as documented by a qualified licensed engineer and that the interference cannot be prevented or eliminated at a reasonable cost as determined by the Plan Commission.
d. 
Any restriction or limitation imposed by the FCC.
[Ord. No. 10-08, § 86-106, 7-14-2008]
All landscaping on a parcel of land containing towers, antenna support structures, or telecommunications facilities shall be in accordance with the applicable landscaping requirements in the zoning district where the tower, antenna support structure, or telecommunications facilities are located. The Village may require landscaping in excess of the requirements in the Village Code in order to enhance compatibility with adjacent land uses. Landscaping shall be installed on the outside of any fencing.
[Ord. No. 10-08, § 86-107, 7-14-2008]
A parcel of land upon which a tower is located must provide access to at least one paved vehicular parking space on site. Additionally, the parcel of land upon which a tower is located must have approved ingress/egress to a pubic roadway.
[Ord. No. 10-08, § 86-108, 7-14-2008]
(a) 
All towers shall be certified by an engineer to be structurally sound and in conformance with the requirements of the building code and all other construction standards set forth by the Village's Code and federal and state law. For new monopole towers, such certification shall be submitted with an application pursuant to § 86-105 of this chapter and every five years thereafter. For existing monopole towers, certification shall be submitted within 60 days of the effective date of this chapter and then every five years thereafter. For new lattice or guyed towers, such certification shall be submitted with an application pursuant to § 86-105 of this chapter and every two years thereafter. For existing lattice or guyed towers, certification shall be submitted within 60 days of the effective date of this chapter and then every two years thereafter. The tower owner may be required by the Village to submit more frequent certifications should there be reason to believe that the structural and electrical integrity of the tower is jeopardized.
(b) 
The Village or its agents shall have authority to enter onto the property upon which a tower is located, between the inspections and certifications required above, to inspect the tower for the purpose of determining whether it complies with the building code and all other construction standards provided by the Village Code and federal and state law.
(c) 
The Village reserves the right to conduct such inspections at any time, upon reasonable notice to the tower owner. All expenses related to such inspections by the Village shall be borne by the tower owner.
[Ord. No. 10-08, § 86-109, 7-14-2008]
(a) 
Tower owners shall at all times employ ordinary and reasonable care and shall install and maintain in use nothing less than commonly accepted methods and devices for preventing failures and accidents which are likely to cause damage, injuries, or nuisances to the public.
(b) 
Tower owners shall install and maintain towers, telecommunications facilities, wires, cables, fixtures, and other equipment in substantial compliance with the requirements of the National Electric Safety Code and all FCC, state, and local regulations, and in such manner that will not interfere with the use of other property.
(c) 
All towers, telecommunications facilities, and antenna support structures shall at all times be kept and maintained in good condition, order, and repair so that the same shall not menace or endanger the life or property of any person.
(d) 
All maintenance or construction of towers, telecommunications facilities, or antenna support structures shall be performed by licensed maintenance and construction personnel.
(e) 
All towers shall maintain compliance with current RF emission standards of the FCC.
(f) 
In the event that the use of a tower is discontinued by the tower owner, the tower owner shall provide written notice to the Village of its intent to discontinue use and the date when the use shall be discontinued.
[Ord. No. 10-08, § 86-110, 7-14-2008]
(a) 
If any tower shall cease to be used for a period of 365 consecutive days, the (Village Board) shall notify the owner, with a copy to the applicant, that the site will be subject to a determination by the (Village Board) that such site has been abandoned. The owner shall have 30 days from receipt of said notice to show, by a preponderance of the evidence that the tower has been in use or under repair during the period. If the owner fails to show that the tower has been in use or under repair during the period, the (Village Board) shall issue a final determination of abandonment for the site. Upon issuance of the final determination of abandonment, the owner shall, within 75 days, dismantle and remove the tower. If the tower owner fails to remove their facilities within this time frame the Village shall remove said facilities and charge the cost of such removal to the property involved pursuant to Wis. Stats. Ch. 66.
(b) 
To secure the obligation set forth in this section, the applicant [and/or owner] shall post a bond in the amount of $5,000 in a form approved by the planning commission. The planning commission may reduce or increase this amount based upon the anticipated cost of removal.
[Ord. No. 10-08, § 86-111, 7-14-2008]
Any person who fails to comply with this chapter or any order of the Zoning Administrator or planning commission issued in accordance with this chapter, or resists enforcement, shall, upon conviction, be liable for such equitable relief as a court shall grant and shall forfeit not less than $500, nor more than $1,000, and costs of prosecution for each violation. Failure to follow an order of the Zoning Administrator or planning commissioner to remove, halt construction or vacate a structure found to be in violation of this chapter shall be considered a separate violation for each day the violation exists or continues. Such monetary penalties may be demanded by the Village prior to issuance of any conditional use permit, variance or building permit for the structure.
[Ord. No. 10-08, § 86-112, 7-14-2008]
(a) 
The planning commission of the Village shall have original jurisdiction for all applications, submittals, site plans and approvals of "wireless facilities" as set forth in this chapter as well as the Federal Telecommunications Act of 1996. The Federal Telecommunications Act of 1996 requires certain procedures to be followed in determining whether wireless facilities may be placed in the Village. This chapter is intended to be compliant with said Federal Law.
(b) 
In making any decision concerning the placement, construction or modification of any "wireless facility", as such term is defined by the Federal Telecommunications Act of 1996 as amended, the planning commission shall require the following:
(1) 
The planning commission will keep a tape recording of the discussion and vote, in addition to the minutes of such decision. The tape will be maintained by the Village for a period of one year following the meeting.
(2) 
The planning commission will prepare a written record supporting its decision, based upon all documents and testimony in opposition to the petition and all documents in support of the petition, as well as written recommendations by the planning/zoning staff, transcripts of any applicable public hearing, the appropriate applicable sections of the comprehensive zoning ordinance or neighborhood plans, any applicable sections of the SEWRPC planning documents, written letters or comments by the public, any empirical analyses, studies or reports by persons having specific knowledge applicable to the issues, and any other records, documents or reports deemed applicable by the petitioner, staff or decision-making body.
(3) 
All final decisions made by the planning commission will be in written form, stating with particularity the specific reasons for the decision. The final written decision will incorporate and refer to the portions of the written records upon which the decision is based. In addition, the written decision, if prohibiting the required use or structure (or other wireless facility) will advise the petitioner of his/her or its appeal rights.