[HISTORY: Adopted by the Board of Supervisors of Grant County 11-13-2018 by Ord. No. 69. Amendments noted where applicable.]
This chapter is entitled "the Grant County Mobile Tower Siting
Permit Ordinance."
The purpose of this chapter 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 collocation,
the substantial modification of an existing support structure and
mobile service facilities; and (3) with regard to a class 2 collocation,
collocation on an existing support structure which does not require
the substantial modification of an existing support structure and
mobile service facilities. It is intended that Grant County shall
apply these regulations to accomplish the following:
A.
Maintain and ensure that a nondiscriminatory, competitive and broad
range of telecommunications services and high quality telecommunications
infrastructure consistent with the Federal Telecommunications Act
of 1996 are provided to serve the community, as well as serve as an
important and effective part of the Grant County law enforcement,
fire and emergency response network.
B.
Provide a process for obtaining necessary permits for telecommunications
facilities while at the same time protecting the interests of Grant
County citizens.
This chapter is adopted under the authority of § 59.69,
Wis. Stats, and § 66.0404, Wis. Stats.
This chapter applies to all lands within the boundaries of the
county lying outside the limits of incorporated cities and villages.
If any provision of this chapter 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 chapter are severable.
This chapter shall be administered by the Grant County Conservation,
Sanitation and Zoning Department.
Exempt from review under this chapter will be: television antennas,
satellite dishes, receive-only antennas, amateur radio facilities,
mobile public information services providing coverage of news events
or of a temporary or emergency nature, ground-mounted antennas. Exempt
structures under this chapter shall be subject to all other applicable
provisions of any zoning or other development ordinance in effect.
A.
Application process.
(1)
A zoning permit is required for the siting and construction of any
new mobile service support structure and facilities.
(2)
A written permit application must be completed by any applicant and
submitted to the office. 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 collocation, including
a sworn statement from an individual who has responsibility over the
placement of the mobile service support structure attesting that collocation
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 office upon request
to any applicant.
(4)
If an applicant submits to the office 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 office shall
consider the application complete. If the office does not believe
that the application is complete, the office 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 office
shall complete all of the following or the applicant may consider
the application approved, except that the applicant and the office
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 this Code.
(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 office may disapprove an application if an applicant refuses to evaluate the feasibility of collocation within the applicant's search ring and provide the sworn statement described under Subsection A(2)(f).
(7)
Setback. No mobile service support structure can be closer than 50
feet or the height of the tower, whichever is greater, to any property
line. If an applicant provides the office with an engineering certification
showing that a mobile service support structure, or an existing structure,
is designed to collapse within a smaller area than this setback distance,
the lesser of the two distances shall apply to such a structure unless
the office provides the applicant with substantial evidence that the
engineering certification is flawed.
(8)
The fee for the permit is $3,000.
A.
Application process.
(1)
A county zoning permit is required for a class 1 collocation.
(2)
A written permit application must be completed by any applicant and
submitted to the office. 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 collocation, including
a sworn statement from an individual who has responsibility over the
placement of the mobile service support structure attesting that collocation
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 office upon request
to any applicant.
(4)
If an applicant submits to the office 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 office shall
consider the application complete. If the office does not believe
that the application is complete, the office 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 office
shall complete all of the following or the applicant may consider
the application approved, except that the applicant and the County
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 County's land use regulations 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 office may disapprove an application if an applicant refuses to evaluate the feasibility of collocation within the applicant's search ring and provide the sworn statement described under Subsection A(2)(f).
(7)
Setback. No mobile service support structure can be closer than 50
feet or the height of the tower, whichever is greater, to any property
line. If an applicant provides the office with an engineering certification
showing that a mobile service support structure, or an existing structure,
is designed to collapse within a smaller area than this setback distance,
the lesser of the two distances shall apply to such a structure unless
the office provides the applicant with substantial evidence that the
engineering certification is flawed.
(8)
The fee for the permit is $3,000.
A.
Application process.
(1)
A County zoning permit is required for a class 2 collocation.
(2)
A written permit application must be completed by any applicant and
submitted to the office. The application must contain the following
information:
(3)
A permit application will be provided by the office upon request
to any applicant.
(4)
If an applicant submits to the office 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 office shall
consider the application complete. If any of the required information
is not in the application, the office 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.
(5)
Within 45 days of its receipt of a complete application, the office
shall complete all of the following or the applicant may consider
the application approved, except that the applicant and the County
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.
(6)
The fee for the permit is $500.
Any person, partnership, corporation, or other legal entity
that fails to comply with the provisions of this chapter shall be
subject to enforcement actions as prescribed in the Grant County Comprehensive
Zoning Ordinance.[1]
Permits granted under this chapter go with the land and are
transferable. All ordinance and permit requirements shall apply to
subsequent owners. The office shall be notified of any change in ownership
including, but not limited to, facility leases, mortgages, liens or
other instruments which may affect title to the property.
A.
It is the express policy of Grant County and this chapter that mobile
service support structures be removed once they are no longer in use
and not a functional part of providing mobile service and that it
is the mobile service support structure owner's responsibility
to remove such mobile service support structures and restore the site
to its original condition or a condition approved by the office. This
restoration shall include removal of any subsurface structure or foundation,
including concrete, used to support the mobile service support structure
down to five feet below the surface. After a mobile service support
structure is no longer being used for mobile service that is in operation,
the mobile service support structure owner shall have 180 days to
effect removal and restoration unless weather prohibits such efforts.
The permit holder shall record a document with the Grant County Register
of Deeds showing the existence of any subsurface structure remaining
below grade. Such recording shall accurately set forth the location
and describe the remaining structure.
B.
Security for removal. The owner of any mobile service support structure
other than a municipality or other unit of government shall provide
to Grant County, prior to the issuance of the zoning permit, a performance
bond in an amount based on a written estimate of a qualified remover
of said types of structures, or $20,000 whichever is less, to guarantee
that the mobile service support structure will be removed when no
longer in operation. Grant County will be named as obligee in the
bond and must approve the bonding company. The County may require
an increase in the bond amount after five-year intervals to reflect
increases in the Consumer Price Index, but at no point shall the bond
amount exceed $20,000. The provider shall supply any increased bond
within a reasonable time, not exceeding 60 days, after the County's
request. A permittee may submit a letter of credit in the amount set
forth above, or, in the alternative, a permittee with several sites
in the County may submit a master bond to cover all of said sites.
A master bond or a letter of credit may, in the Committee's discretion,
be in an amount sufficient to secure removal from one site if the
master bond or letter of credit provides for replenishing any amount
used as the master bond or letter of credit covers any other site
in the County.
The owner of a mobile service facilities shall, as a prerequisite
to the issuance of the zoning permit, submit to the office:
A.
Written driveway or road approval from any unit of government having
jurisdiction to require a driveway or road to the mobile service facility
site.
B.
Written approval by the highway authority with jurisdiction over
any existing or proposed access to a public road intended to serve
the mobile service facility.