This chapter shall apply to the development activities including installation, construction, or modification of all antenna and tower facilities, including but not limited to:
A.
Mobile wireless service facility (MWSF) towers, antennas, and the equipment compound shall be removed, at the owner's expense, within 180 days of cessation of use, unless the abandonment is associated with a mitigation as provided in § 367-28, Mitigation, of this chapter, in which case the removal shall occur within 90 days of cessation of use.
B.
An owner wishing to extend the time for removal or reactivation shall submit an application stating the reason for such extension. The Village may extend the time for removal or reactivation up to 60 additional days upon a showing of good and unique cause. If the tower or antenna is not removed within this time, the Village may give notice that it will contract for removal within 30 days following written notice to the owner. Thereafter, the Village may cause removal of the tower with costs being borne by the owner.
C.
Upon removal of the MWSF tower, antenna, and equipment compound, the development area shall be returned to its natural state and topography and vegetated consistent with the natural surroundings or consistent with the current uses of the surrounding or adjacent land at the time of removal, excluding the foundation, which does not have to be removed.
When the requirements of this chapter conflict with the requirements of other lawfully adopted rules, regulations, or ordinances of the Village of Mishicot, or deed restrictions imposed by the developer or subdivider, the more stringent requirements shall govern.
Should any section or provisions of this chapter be decided by a court of competent jurisdiction to be unconstitutional or invalid, such decision shall not affect the validity of this chapter as a whole or any part thereof other than the part so declared to be unconstitutional or invalid.
A.
In order to facilitate the regulation, placement, and construction of antenna, and to ensure that all parties are complying to the fullest extent possible with the rules, regulations, and/or guidelines of the FCC, each owner of an antenna or antenna array or applicant for a collocation shall agree in a written statement to the following:
(1)
Compliance with "good engineering practices" as defined by the FCC in its rules and regulations.
(2)
Compliance with FCC regulations regarding susceptibility to radio frequency interference, frequency coordination requirements, general technical standards for power, antenna, bandwidth limitations, frequency stability, transmitter measurements, operating requirements, and any and all other federal statutory and regulatory requirements relating to radio frequency interference (RFI).
(3)
In the case of an application for collocated MWSF, the applicant, together with the owner of the subject site, shall use their best efforts to provide a composite analysis of all users of the site to determine that the applicant's proposed facilities will not cause radio frequency interference with the Village's public safety communications equipment and will implement appropriate technical measures, as described in antenna element replacements, to attempt to prevent such interference.
B.
Whenever the Village has encountered radio frequency interference with its public safety communications equipment, and it believes that such interference has been or is being caused by one or more antenna arrays, the following steps shall be taken:
(1)
The Village shall provide notification to all wireless service providers operating in the Village of possible interference with the public safety communications equipment, and upon such notification the owners shall use their best efforts to cooperate and coordinate with the Village and among themselves to investigate and mitigate the interference, if any, utilizing the procedures set forth in the joint wireless industry – public safety "Enhanced Best Practices Guide" released by the FCC in Appendix D of FCC 04-168 (released August 6, 2004), including the "good engineering practices," as may be amended or revised by the FCC from time to time in any successor regulations.
(2)
If any equipment owner fails to cooperate with the Village in complying with the owner's obligations under this section or if there is a determination of radio frequency interference with the Village's public safety communications equipment, the owner who failed to cooperate and/or the owner of the equipment which caused the interference shall be responsible for reimbursing the Village for all costs associated with ascertaining and resolving the interference, including but not limited to any engineering studies obtained by the Village to determine the source of the interference. For the purposes of this subsection, failure to cooperate shall include failure to initiate any response or action as described in the "Enhanced Best Practices Guide" within 24 hours of the Village's notification.