The purpose of this article is to regulate by zoning permit:
A.
The siting
and construction of any new mobile service support structure and facilities;
B.
With
regard to a Class 1 co-location, the substantial modification of an
existing support structure and mobile service facilities; and
C.
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.
The Town Board has the specific authority under §§ 62.23
and 66.0404, Wis. Stats., to adopt and enforce this article.
All definitions contained in § 66.0404(1), Wis. Stats., are hereby incorporated by reference. For other terminology in this article, see the definitions included in § 360-5B.
The Plan Commission is hereby authorized to issue all permits
provided for in this article.
Class 2 co-location is a permitted use, subject to issuance of a zoning permit pursuant to § 360-114 herein.
B.
Specific requirements.
(1)
Height. Except as provided for in § 66.0404(4)(L),
Wis. Stats., and pursuant to the discretion authorized in Sub. (4)(u)
therein, the height of a mobile service support structure shall not
exceed 300 feet.
(2)
Surety. A surety bond or other form of security may be required
in an amount not to exceed $20,000. The surety shall be for the sole
purpose of ensuring repair or removal of structures or facilities
that fall into disuse.
(3)
Setback. The setbacks set forth in Article XVI, B-1 Business District, shall apply to mobile service support structures.
(4)
Structural capacity. A co-location may not result in the structural
capacity of a structure being exceeded.
(5)
Co-location. Co-location on existing structures is encouraged
to the extent doing so if reasonably possible.
(6)
Signs/advertising. No signs or advertising messages shall be
attached to a mobile service support structure or facility.
(7)
Compliance with other laws. All mobile service support structures
and facilities shall be erected and maintained in compliance with
federal law, including but not limited to Federal Communication Commission
and Federal Aviation Administration rules and regulations, and applicable
building codes.
(8)
Conditions. The Town may place additional conditions on the
issuance of a conditional use permit granted pursuant to this article,
provided that such conditions are consistent with the limitations
set forth in § 66.0404(4), Wis. Stats.
C.
Exclusive process. Notwithstanding regulations in any other section
of this chapter regarding the issuance of conditional use permits
generally, the issuance of conditional use permits for mobile service
support structures and facilities and Class 1 co-locations shall be
governed exclusively by this article.
A.
A Town zoning permit is required for a Class 2 co-location. A Class
2 co-location 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:
C.
A Class 2 co-location is subject to the same requirements for the issuance of a building permit as any other type of commercial development or land use development; provided, however, a Class 2 co-location is not subject to Article XXVI, Design Standards.
D.
If an applicant submits to the Town an application for a permit to
engage in an activity described herein, which contains all of the
information required under this section, 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.
E.
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.
F.
The fee for the permit shall be set in the Town's fee schedule.
A.
A conditional use permit is required for the siting and construction
of any new mobile service support structure and facilities and for
Class 1 co-location.
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 or Class
1 co-location.
(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 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.
C.
If an applicant submits to the Town an application for a permit to
engage in an activity described herein, which contains all of the
information required under this section, 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.
D.
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 Town's building code and, subject to
the limitations in § 66.0404, Wis. Stats., this chapter.
(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.
E.
The Town 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 earlier herein.
F.
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 this section, that setback does not apply
to such a structure unless the Town provides the applicant with substantial
evidence that the engineering certification is flawed.
G.
The fee for the permit shall be set in the Town's fee schedule.
Any person, partnership, corporation, or other legal entity
that fails to comply with the provisions of this article shall, upon
conviction, pay a forfeiture of not less than $200 nor more than $2,000,
plus the applicable surcharges, assessments, and costs for each violation.
Each day a violation exists or continues constitutes a separate offense
under this article. In addition, the Town Board may seek injunctive
relief from a court of record to enjoin further violations.
If any provision of this article and/or if any condition imposed pursuant to § 360-113 herein is in conflict with § 66.0404, Wis. Stats., it is hereby intended that the Town-imposed provision or condition be automatically withdrawn and not enforced.
If any provision of this article or its application to any person
or circumstance is held invalid, the invalidity does not affect other
provisions or applications of this chapter that can be given effect
without the invalid provision or application, and to this end the
provisions of this article are severable.
