A. 
Development standards. The Village requires collocation and combining of MWSF antennas on existing towers as a higher priority than a new tower where collocation is possible. Upon enactment of this chapter, any person, corporation, partnership, or other entity which intends to engage in a Class 1 collocation on an existing tower within the jurisdiction of this chapter must obtain a permit (Level III). Class 1 Collocation MWSFs are subject to the following development standards:
(1) 
Height. The modified height of a MWSF subject to a Class 1 collocation shall comply with the provisions of § 367-30A(2) hereinbelow.
(2) 
Visibility. Class 1 collocation MWSF towers or support structures shall be configured and located in a manner that minimizes adverse effects on the landscape and adjacent properties, with specific design considerations as to height, scale, color, texture, and architectural design of the buildings on the same and adjacent zoned lots. No stacking of new equipment cabinets or equipment shelters on existing equipment cabinets or equipment shelters shall be permitted.
B. 
Application requirements. The applicant shall provide:
(1) 
A written statement of compliance with all applicable FCC rules and regulations.
(2) 
A complete set of construction drawings of the proposed facility demonstrating compliance with applicable federal, state and Village of Mishicot building codes. No stacking of new equipment cabinets or equipment shelters on existing equipment cabinets or equipment shelters shall be permitted.
(3) 
A map indicating the applicant's existing RF signal propagation and a map indicating the applicant's proposed new RF signal propagation.
(4) 
A statement from the applicant providing information regarding justification for the proposed new Class 1 collocation.
(5) 
A report and supporting technical data shall be submitted demonstrating the following:
(a) 
Location of all potential alternative structures including utility distribution towers and other elevated structures within the proposed service area has been examined and found unacceptable.
(b) 
Reasoning as to why alternative structures are not acceptable.
(6) 
Proof that a property and/or tower owner's agent has appropriate authorization to act upon the owner's behalf (if applicable).
(7) 
An affidavit by a radio frequency engineer demonstrating compliance with § 367-17, Siting alternatives order, of this chapter. If a lower-ranking alternative is proposed the affidavit must address why higher-ranked options are not technically feasible, practical, and/or justified given the location of the proposed communications facility.
(8) 
Statement as to the potential visual and aesthetic impacts of the proposed modified tower and equipment on all adjacent residential zoning districts.
(9) 
Written statement by a registered professional engineer licensed in the State of Wisconsin specifying the design structural failure modes of the proposed modified facility, if applicable.
(10) 
Statement certifying that no unusual sound emissions such as alarms, bells, buzzers, or the like are permitted. Emergency generators are permitted. Sound levels shall not exceed 65 dB as measured at the closest property boundaries for the facility.
(11) 
A radio frequency propagation plot indicating the coverage of existing antenna sites, coverage prediction, and design radius, together with a certification from the applicant's radio frequency (RF) engineer that the proposed facility's coverage or capacity potential cannot be achieved by any higher-ranked alternative such as a concealed facility, attached facility, replacement facility, or Class 2 collocation.
(12) 
A radio frequency propagation plot indicating the proposed improvement's coverage area which provides sufficient justification for the requested support structure modified height.
(13) 
One original and two copies of a survey of the property completed by a registered professional engineer licensed in the State of Wisconsin showing all existing uses, structures, and improvements.
(14) 
Six sets (24 inches by 36 inches) of signed and sealed site plans which shall include the following:
(a) 
Name of project and date.
(b) 
Deed book and page and map book and page reference.
(c) 
Scale, North arrow, and vicinity map.
(d) 
Subject property information, including zoning, watershed classification, and percent coverage of lot to be impervious surface (if located in a designated watershed area).
(e) 
Adjacent property information, including landowners, land uses, height of principal building, size of lots, zoning, and land use designation.
(f) 
Tower elevations.
(g) 
Landscape buffering plans.
(h) 
Maximum height of the proposed tower and proposed and future mounting elevations of future antenna, including individual measurement of the base, the tower, and lightning rod.
(i) 
Location, classification, and size of all major public or private streets and rights-of-way.
(j) 
Identify adjacent features within 500 feet of property boundary, including driveways, public parking areas, pedestrianways, trails, and any other pertinent features.
(k) 
Two reduced copies (8 1/2 inches by 11 inches) of the foregoing preliminary grading plans may be included on site plans or separately submitted in equal quantities.
(l) 
Title report or American Land Title Association (ALTA) survey showing all easements on the subject property, together with a full legal description of the property.
(15) 
List of adjacent property owners and keyed to the map. The list must be from the most current ownership information supplied by the Village Clerk-Treasurer, together with two sets of mailing labels for such property owners. Applicant will also provide a notarized certification letter stating the ownership list referenced herein is accurate to the best of the applicant's ability.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
(16) 
Simulated photographic evidence of the proposed modified tower and antenna appearance from any and all residential areas within 1,500 feet and vantage points approved by the Plan Commission, including the facility types the applicant has considered and the impact on adjacent properties, including:
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
(a) 
Overall height.
(b) 
Configuration.
(c) 
Physical location.
(d) 
Mass and scale.
(e) 
Materials and color.
(f) 
Illumination.
(g) 
Architectural design.
(17) 
All other documentation, evidence, or materials necessary to demonstrate compliance with the applicable approval criteria set forth in this chapter.
(18) 
Prior to issuance of a building permit, proof of FAA compliance with Subpart C of the Federal Aviation Regulations, Part 77, and "Objects Affecting Navigable Airspace," if applicable.
A. 
Development standards. Non-concealed MWSF antennas and equipment may be mounted onto a structure which is not primarily constructed for MWSF purposes but upon which one or more non-concealed MWSF antennas and equipment may be mounted. Upon enactment of this chapter, any person, corporation, partnership, or other entity which intends to place a non-concealed antenna and equipment on an alternative structure within the jurisdiction of this chapter must obtain a permit (Level III). Non-concealed attached antenna and equipment shall be subject to the following requirements:
(1) 
The top of the attached non-concealed MWSF antenna shall not be more than 20 feet above the existing or proposed building or structure. No stacking of new equipment cabinets or equipment shelters on existing equipment cabinets or equipment shelters shall be permitted.
(2) 
Non-concealed MWSF attachments in residential districts shall only be allowed on high-voltage electrical transmission towers and existing light stanchions subject to approval by the Building Inspection Department and utility company.[1]
[1]
Editor's Note: Throughout this chapter references to the "Building Department" were amended to "Building Inspection Department" at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
(3) 
When a non-concealed attached MWSF antenna and equipment are to be located on a nonconforming building or structure, the existing permitted nonconforming setback shall prevail.
B. 
Application requirements. The applicant shall provide:
(1) 
A written statement of compliance with all applicable FCC rules and regulations.
(2) 
A complete set of construction drawings of the proposed facility demonstrating compliance with applicable federal, state and Village of Mishicot building codes.
(3) 
A structural analysis by a registered professional engineer that the support structure complies with applicable ANSI/EIA/TIA-222G (as amended) standards with all existing and proposed equipment.
A. 
Minimum mitigation accomplishments. Mitigation shall accomplish a minimum of one of the following:
(1) 
Reduce the number of MWSF support structures or towers.
(2) 
Replace a non-concealed MWSF tower with a MWSF concealed tower or reduce the visual impact of a MWSF.
(3) 
Replace an existing MWSF tower with a new MWSF tower to improve network functionality resulting in compliance with this chapter.
B. 
Mitigation development standards. Mitigation is subject to the following:
(1) 
Setbacks. A new MWSF tower approved for mitigation shall not be required to meet new setback standards so long as the new tower and its equipment compound are no closer to any property lines or dwelling units than the tower and equipment compound being mitigated. The intent is to encourage the mitigation process, not penalize the tower owner for the change out of the old facility. (For example, if a new tower is replacing an old tower, the new tower is permitted to have the same setbacks as the tower being removed, even if the old tower had nonconforming setbacks.)
(2) 
Height. The height of a MWSF that is mitigated shall comply with the provisions of § 367-30A(2) hereinbelow.
(3) 
Breakpoint technology. A newly mitigated MWSF tower shall use breakpoint technology in the design of the replacement facility, if applicable.
(4) 
Visibility. Mitigated MWSF towers or support structures shall be configured and located in a manner that minimizes adverse effects on the landscape and adjacent properties, with specific design considerations as to height, scale, color, texture, and architectural design of the buildings on the same and adjacent zoned lots. No stacking of new equipment cabinets or equipment shelters on existing equipment cabinets or equipment shelters shall be permitted.
C. 
Application requirements. The applicant shall provide:
(1) 
A written statement of compliance with all applicable FCC rules and regulations.
(2) 
A complete set of construction drawings of the proposed facility demonstrating compliance with applicable federal, state and Village of Mishicot building codes.
(3) 
A map of the same search ring submitted and used by the applicant's site locator with a statement confirming the same.
(4) 
A map indicating the applicant's existing RF signal propagation and a map indicating the applicant's proposed new RF signal propagation.
(5) 
A statement from the applicant providing information regarding justification for the proposed new mitigated MWSF facility.
(6) 
A report and supporting technical data shall be submitted demonstrating the following:
(a) 
Location of all potential alternative structures including utility distribution towers and other elevated structures within the proposed service area has been examined and found unacceptable.
(b) 
Reasoning as to why alternative structures are not acceptable.
(7) 
Proof that a property and/or tower owner's agent has appropriate authorization to act upon the owner's behalf (if applicable).
(8) 
An affidavit by a radio frequency engineer demonstrating compliance with § 367-17, Siting alternatives order, of this chapter. If a lower-ranking alternative is proposed the affidavit must address why higher-ranked options are not technically feasible, practical, and/or justified given the location of the proposed communications facility.
(9) 
Statement as to the potential visual and aesthetic impacts of the proposed tower and equipment on all adjacent residential zoning districts.
(10) 
Written statement by a registered professional engineer licensed in the State of Wisconsin specifying the design structural failure modes of the proposed facility, if applicable.
(11) 
Statement certifying that no unusual sound emissions such as alarms, bells, buzzers, or the like are permitted. Emergency generators are permitted. Sound levels shall not exceed 65 dB as measured at the closest property boundaries for the facility.
(12) 
A radio frequency propagation plot indicating the coverage of existing antenna sites, coverage prediction, and design radius, together with a certification from the applicant's radio frequency (RF) engineer that the proposed facility's coverage or capacity potential cannot be achieved by any higher-ranked alternative such as a concealed facility, attached facility, or collocation.
(13) 
A radio frequency propagation plot indicating the proposed improvement's coverage area which provides sufficient justification for the requested support structure height.
(14) 
One original and two copies of a survey of the property completed by a registered professional engineer licensed in the State of Wisconsin showing all existing uses, structures, and improvements.
(15) 
Six sets (24 inches by 36 inches) of signed and sealed site plans which shall include the following:
(a) 
Name of project and date.
(b) 
Deed book and page and map book and page reference.
(c) 
Scale, North arrow, and vicinity map.
(d) 
Subject property information, including zoning, watershed classification, and percent coverage of lot to be impervious surface (if located in a designated watershed area).
(e) 
Adjacent property information, including landowners, land uses, height of principal building, size of lots, zoning, and land use designation.
(f) 
Tower elevations.
(g) 
Landscape buffering plans.
(h) 
Maximum height of the proposed tower and proposed and future mounting elevations of future antenna, including individual measurement of the base, the tower, and lightning rod.
(i) 
Location, classification, and size of all major public or private streets and rights-of-way.
(j) 
Identify adjacent features within 500 feet of property boundary, including driveways, public parking areas, pedestrianways, trails, and any other pertinent features.
(k) 
Two reduced copies (8 1/2 inches by 11 inches) of the foregoing preliminary grading plans may be included on site plans or separately submitted in equal quantities.
(16) 
Title report or American Land Title Association (ALTA) survey showing all easements on the subject property, together with a full legal description of the property.
(17) 
List of adjacent property owners and keyed to the map. The list must be from the most current ownership information supplied by the Village Clerk-Treasurer, together with two sets of mailing labels for such property owners. Applicant will also provide a notarized certification letter stating the ownership list referenced herein is accurate to the best of the applicant's ability.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
(18) 
Simulated photographic evidence of the proposed tower and antenna appearance from any and all residential areas within 1,500 feet and vantage points approved by the Plan Commission, including the facility types the applicant has considered and the impact on adjacent properties, including:
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
(a) 
Overall height.
(b) 
Configuration.
(c) 
Physical location.
(d) 
Mass and scale.
(e) 
Materials and color.
(f) 
Illumination.
(g) 
Architectural design.
(19) 
All other documentation, evidence, or materials necessary to demonstrate compliance with the applicable approval criteria set forth in this chapter.
(20) 
Prior to issuance of a building permit, proof of FAA compliance with Subpart C of the Federal Aviation Regulations, Part 77, and "Objects Affecting Navigable Airspace," if applicable.
A. 
Development standards.
(1) 
Determination of need. No new concealed MWSF tower shall be permitted unless the applicant demonstrates that no existing tower or existing support structure can accommodate the applicant's proposed use or that use of such existing facilities would prohibit personal wireless services in the geographic search area to be served by the proposed tower.
(2) 
Height. It is intended that all new concealed towers be 100 feet or less in height. If a greater height is requested, a concealed MWSF tower applicant for a site located in a nonresidential zoning district shall demonstrate in its application through technical exhibits that a height in excess of 100 feet is required to provide the desired service.
(3) 
Concealment. All concealed MWSF tower antennas, feed lines and all tower-mounted associated equipment shall be either designed to be within the tower structure or designed to blend with the existing structural design, color, and texture of the concealed tower. No specific concealment design is required, and proposed concealment methods may depend on the nature of the subject location and the aesthetics necessary to achieve a concealed tower compatible with its surroundings, including appropriate size, scale and design.
(4) 
Setbacks. A new concealed MWSF tower shall be subject to the setbacks described below for breakpoint technology:
(a) 
If the concealed MWSF has been constructed using breakpoint design technology (see § 367-8, Definitions), the minimum setback distance shall be equal to 110% of the distance from the top of the structure to the breakpoint level of the structure or the minimum side and rear yard requirements, whichever is greater. Certification by a registered professional engineer licensed in the State of Wisconsin of the breakpoint design and the design's fall radius must be provided together with the other information required herein from an applicant. [For example, on a 100-foot-tall monopole with a breakpoint at 80 feet, the minimum setback distance would be 22 feet (110% of 20 feet, the distance from the top of the monopole to the breakpoint) plus the minimum side or rear yard setback requirements for that zoning district.]
(b) 
If the concealed MWSF tower is not constructed using breakpoint design technology, the minimum setback distance shall be equal to the greater of:
[1] 
The minimum setback distance for any commercial structure of similar height in the applicable zoning district; or
[2] 
The height of the proposed concealed MWSF if the proposed height is greater than the distance from the proposed concealed MWSF to any occupied structure.
(5) 
Equipment cabinets and equipment shelters. Electronic equipment shall be contained in either equipment cabinets or equipment shelters. Equipment cabinets shall not be visible from pedestrian and right-of-way views. Equipment cabinets may be provided within the principal building on the lot, behind a screen on a rooftop, or on the ground within the fenced-in and screened equipment compound. No stacking of new equipment cabinets or equipment shelters on existing equipment cabinets or equipment shelters shall be permitted.
(6) 
Fencing. All equipment compounds shall be enclosed with an opaque fence or masonry wall not lower than six feet nor higher than eight feet in residential zoning districts and in any zoning district when the equipment compound adjoins a public right-of-way. Alternative equivalent screening may be approved through the site plan approval process.
(7) 
Buffers. The equipment compound shall be landscaped with a minimum ten-foot-wide perimeter buffer containing the following planting standards:
(a) 
All plants and trees shall be indigenous to this part of Wisconsin.
(b) 
Existing trees and shrubs on the site should be preserved and may be used in lieu of required landscaping as approved by the Plan Commission.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
(c) 
One row of evergreen trees with a minimum two-inch caliper, 25 feet on center, shall be planted.
(d) 
Evergreen shrubs capable of creating a continuous hedge and obtaining a height of at least five feet shall be planted, minimum three gallons or 24 inches tall at the time of planting, five feet on center.
(e) 
Alternative landscaping plans which provide for the same average canopy and understory trees but propose alternative locating on the entire subject property may be considered and approved by the Building Inspection Department, provided the proposed alternative maximizes screening as provided above and is otherwise consistent with the requirements of this section.
(8) 
Signage. Commercial messages shall not be displayed on any concealed MWSF tower. Required noncommercial signage shall be subject to the following:
(a) 
The only signage that is permitted upon a concealed MWSF tower, equipment cabinets, shelters or fence shall be informational and for the purpose of identifying the tower (such as ASR registration number), as well as the party responsible for the operation and maintenance of the facility, and any additional security and/or safety signs as applicable.
(b) 
If more than 220 voltage is necessary for the operation of the facility and is present in a ground grid or in the tower, signs located every 20 feet and attached to the fence or wall shall display in large, bold, high-contrast letters, minimum height of each letter four inches, the following: "HIGH VOLTAGE - DANGER."
(c) 
Nameplate signage shall be provided, in an easily visible location, including the address and telephone number of the contact to reach in the event of an emergency or equipment malfunction, including property manager signs as applicable.
(9) 
Lighting. Lighting on concealed MWSF towers shall not exceed the Federal Aviation Administration (FAA) minimum standards. All other lighting shall be subject to the following:
(a) 
Any lighting required by the FAA must be of the minimum intensity and number of flashes per minute (i.e., the longest duration between flashes) allowable by the FAA. Dual lighting standards are required with strobe during daytime and red flashing lights at night unless prohibited by the FAA.
(b) 
Lights shall be filtered or oriented so as not to project directly onto surrounding property or rights-of-way, consistent with FAA requirements.
(10) 
Equipment compound. The fenced-in compound shall not be used for the storage of any excess equipment or hazardous materials. No outdoor storage yards shall be allowed in a tower equipment compound. The compound shall not be used as habitable space.
(11) 
Visibility.
(a) 
New concealed MWSF towers shall be configured and located in a manner that shall minimize adverse effects, including visual impacts on the landscape and adjacent properties.
(b) 
New concealed MWSF towers shall be designed to match adjacent structures and landscapes with specific design considerations such as architectural design, height, scale, color, and texture.
(c) 
New antenna mounts shall be concealed and match the concealed MWSF tower.
(d) 
In residential zoning districts, new concealed MWSF towers shall only be permitted on lots whose principal use is not single-family residential, such as schools, churches, synagogues, fire stations, parks, and other public property.
(e) 
Concealed MWSF towers shall be constructed to accommodate antenna arrays as follows:
[1] 
Up to 120 feet in height shall be engineered and constructed to accommodate no fewer than four antenna arrays.
[2] 
All towers over 121 feet shall be engineered and constructed to accommodate no fewer than five antenna arrays.
(f) 
Grading shall be minimized and limited only to the area necessary for the new MWSF and equipment compound.
B. 
Application requirements. The applicant shall provide:
(1) 
A written statement of compliance with all applicable FCC rules and regulations.
(2) 
A complete set of construction drawings of the proposed facility demonstrating compliance with applicable federal, state and Village of Mishicot building codes.
(3) 
A map of the same search ring submitted and used by the applicant's site locator with a statement confirming the same.
(4) 
A map indicating the applicant's existing RF signal propagation and a map indicating the applicant's proposed new RF signal propagation.
(5) 
A statement from the applicant providing information regarding justification for the proposed new concealed facility.
(6) 
A report and supporting technical data shall be submitted demonstrating the following:
(a) 
Location of all potential alternative structures including utility distribution towers and other elevated structures within the proposed service area has been examined and found unacceptable.
(b) 
Reasoning as to why alternative structures are not acceptable.
(7) 
Proof that a property and/or tower owner's agent has appropriate authorization to act upon the owner's behalf (if applicable).
(8) 
An affidavit by a radio frequency engineer demonstrating compliance with § 367-17, Siting alternatives order, of this chapter. If a lower-ranking alternative is proposed, the affidavit must address why higher-ranked options are not technically feasible, practical, and/or justified given the location of the proposed communications facility.
(9) 
Statement as to the potential visual and aesthetic impacts of the proposed tower and equipment on all adjacent residential zoning districts.
(10) 
Written statement by a registered professional engineer licensed in the State of Wisconsin specifying the design structural failure modes of the proposed facility, if applicable.
(11) 
Statement certifying that no unusual sound emissions such as alarms, bells, buzzers, or the like are permitted. Emergency generators are permitted. Sound levels shall not exceed 65 dB as measured at the closest property boundaries for the facility.
(12) 
A radio frequency propagation plot indicating the coverage of existing antenna sites, coverage prediction, and design radius, together with a certification from the applicant's radio frequency (RF) engineer that the proposed facility's coverage or capacity potential cannot be achieved by any higher-ranked alternative such as a concealed attached facility, non-concealed attached facility, replacement facility, or collocation.
(13) 
A radio frequency propagation plot indicating the proposed improvement's coverage area which provides sufficient justification for the requested support structure height.
(14) 
One original and two copies of a survey of the property completed by a registered professional engineer licensed in the State of Wisconsin showing all existing uses, structures, and improvements.
(15) 
Six sets (24 inches by 36 inches) of signed and sealed site plans which shall include the following:
(a) 
Name of project and date.
(b) 
Deed book and page and map book and page reference.
(c) 
Scale, North arrow, and vicinity map.
(d) 
Subject property information, including zoning, watershed classification, and percent coverage of lot to be impervious surface (if located in a designated watershed area).
(e) 
Adjacent property information, including landowners, land uses, height of principal building, size of lots, zoning, and land use designation.
(f) 
Mobile wireless service facility (MWSF) tower elevations.
(g) 
Landscape buffering plans.
(h) 
Maximum height of the proposed tower and proposed and future mounting elevations of future antenna, including individual measurement of the base, the tower, and lightning rod.
(i) 
Location, classification, and size of all major public or private streets and rights-of-way.
(j) 
Identify adjacent features within 500 feet of property boundary, including driveways, public parking areas, pedestrianways, trails, and any other pertinent features.
(k) 
Two reduced copies (8 1/2 inches by 11 inches) of the foregoing preliminary grading plans may be included on site plans or separately submitted in equal quantities.
(16) 
Title report or American Land Title Association (ALTA) survey showing all easements on the subject property, together with a full legal description of the property.
(17) 
List of adjacent property owners and keyed to the map. The list must be from the most current ownership information supplied by the Village of Mishicot Clerk-Treasurer, together with two sets of mailing labels for such property owners. Applicant will also provide a notarized certification letter stating the ownership list referenced herein is accurate to the best of the applicant's ability.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
(18) 
Simulated photographic evidence of the proposed tower and antenna appearance from any and all residential areas within 1,500 feet and vantage points approved by the Building Inspection Department, including the facility types the applicant has considered and the impact on adjacent properties, including:
(a) 
Overall height.
(b) 
Configuration.
(c) 
Physical location.
(d) 
Mass and scale.
(e) 
Materials and color.
(f) 
Illumination.
(g) 
Architectural design.
(19) 
All other documentation, evidence, or materials necessary to demonstrate compliance with the applicable approval criteria set forth in this chapter.
(20) 
Prior to issuance of a building permit, proof of FAA compliance with Subpart C of the Federal Aviation Regulations, Part 77, and "Objects Affecting Navigable Airspace," if applicable.
A. 
Development standards.
(1) 
Determination of need. No new non-concealed MWSF shall be permitted unless the applicant demonstrates that no existing concealed or non-concealed tower can accommodate the applicant's proposed use via collocation or that use of such existing facilities would prohibit personal wireless services in the geographic search area to be served by the proposed tower.
(2) 
Height. Height calculations shall include aboveground foundations but exclude lightning rods or lights required by the FAA that do not provide any support for antennas. It is intended that all new non-concealed towers be 120 feet or less in height. If a greater height is requested, a non-concealed MWSF tower applicant for a site located in a nonresidential zoning district shall demonstrate in its application through technical exhibits that a height in excess of 120 feet is required to provide the desired service.
(3) 
Setbacks. New non-concealed MWSFs and equipment compounds shall be subject to the setbacks described below for breakpoint technology:
(a) 
If the non-concealed MWSF tower is constructed using breakpoint design technology (see § 367-8, Definitions), the minimum setback distance shall be equal to 110% of the distance from the top of the structure to the breakpoint level of the structure or the minimum side and rear yard requirements, whichever is greater. Certification by a registered professional engineer licensed in the State of Wisconsin of the breakpoint design and the design's fall radius must be provided together with the other information required herein from an applicant. [For example, on a 100-foot-tall monopole with a breakpoint at 80 feet, the minimum setback distance would be 22 feet (110% of 20 feet, the distance from the top of the monopole to the breakpoint) plus the minimum side or rear yard setback requirements for that zoning district.]
(b) 
If the non-concealed MWSF tower is not constructed using breakpoint design technology, the minimum setback distance shall be equal to the greater of:
[1] 
The minimum setback distance for any other commercial structure of similar height in the applicable zoning district; or
[2] 
The height of the proposed MWSF if the proposed height is greater than the distance from the proposed MWSF to any occupied structure.
(4) 
Equipment cabinets and equipment shelters. Electronic equipment shall be contained in either equipment cabinets or equipment shelters. Equipment cabinets shall not be visible from pedestrian and right-of-way views. Equipment cabinets may be provided within the principal building, behind a screen on a rooftop, or on the ground within the fenced-in and screened equipment compound. No stacking of new equipment cabinets or equipment shelters on existing equipment cabinets or equipment shelters shall be permitted.
(5) 
Fencing. All equipment compounds shall be enclosed with an opaque fence or masonry wall not lower than six feet nor higher than eight feet in residential zoning districts and in any zoning district when the equipment compound adjoins a public right-of-way. Alternative equivalent screening may be approved through the site plan approval process.
(6) 
Buffer. The equipment compound shall be landscaped with a minimum ten-foot-wide perimeter buffer containing the following planting standards:
(a) 
All plants and trees shall be indigenous to this part of Wisconsin.
(b) 
Existing trees and shrubs on the site should be preserved and may be used in lieu of required landscaping as approved by the Building Inspection Department.
(c) 
One row of evergreen trees with a minimum two-inch caliper, 25 feet on center, shall be planted.
(d) 
Evergreen shrubs capable of creating a continuous hedge and obtaining a height of at least five feet shall be planted, minimum three gallons or 24 inches tall at the time of planting, five feet on center.
(e) 
Alternative landscaping plans which provide for the same average canopy and understory trees but propose alternative locating on the entire subject property may be considered and approved by the Building Inspection Department, provided the proposed alternative maximizes screening as provided above and is otherwise consistent with the requirements of this section.
(7) 
Signage. Commercial messages shall not be displayed on any non-concealed MWSF tower. Required noncommercial signage shall be subject to the following:
(a) 
The only signage that is permitted upon a non-concealed MWSF tower, equipment cabinets, shelters or fence shall be informational and for the purpose of identifying the MWSF (such as ASR registration number), as well as the party responsible for the operation and maintenance of the facility, and any additional security and/or safety signs as applicable.
(b) 
If more than 220 voltage is necessary for the operation of the facility and is present in a ground grid or in the tower, signs located every 20 feet and attached to the fence or wall shall display in large, bold, high-contrast letters, minimum height of each letter four inches, the following: "HIGH VOLTAGE - DANGER."
(c) 
Nameplate signage shall be provided, in an easily visible location, including the address and telephone number of the contact to reach in the event of an emergency or equipment malfunction, including property manager signs as applicable.
(8) 
Lighting. Lighting on non-concealed MWSF towers shall not exceed the Federal Aviation Administration (FAA) minimum standards. All other lighting shall be subject to the following:
(a) 
Any lighting required by the FAA must be of the minimum intensity and number of flashes per minute (i.e., the longest duration between flashes) allowable by the FAA. Dual lighting standards are required with strobe during daytime and red flashing lights at night unless prohibited by the FAA.
(b) 
Lights shall be filtered or oriented so as not to project directly onto surrounding property or rights-of-way consistent with FAA requirements.
(9) 
Equipment compound. The fenced-in compounds shall not be used for the storage of any excess equipment or hazardous materials. No outdoor storage yards shall be allowed in a tower equipment compound. The compound shall not be used as habitable space.
(10) 
Visibility.
(a) 
New non-concealed MWSFs towers shall be configured and located in a manner that shall minimize adverse effects, including visual impacts on the landscape and adjacent properties.
(b) 
A balloon test shall be required subsequent to the receipt of the photo simulations in order to demonstrate the proposed height of the tower. The applicant shall arrange to raise a colored balloon no less than three feet in diameter at the maximum height of the proposed tower and within 25 horizontal feet of the center of the proposed tower.
(c) 
A sign three feet by five feet with lettering no less than three inches high stating the purpose of the balloon test shall be placed at the closest major intersection to the proposed site.
(d) 
The applicant shall meet the following for the required balloon test:
[1] 
Applicant must inform the Building Inspection Department and abutting property owners in writing of the date and times, including alternative date and times, of the test at least 14 days in advance.
[2] 
The date, time, and location, including alternative date, time and location, of the balloon test shall be advertised in a locally distributed paper by the applicant at least seven but no more than 14 days in advance of the test date.
[3] 
The balloon shall be flown for at least four consecutive hours during daylight hours on the date chosen. The applicant shall record the weather during the balloon test.
[4] 
Re-advertisement will not be required if inclement weather occurs.
(e) 
New antenna mounts shall be flush-mounted, unless it is demonstrated through RF propagation analysis that flush-mounted antennas will not meet the network objectives of the desired coverage area.
(f) 
Non-concealed MWSF towers shall be constructed to accommodate antenna arrays as follows:
[1] 
All freestanding towers up to 120 feet in height shall be engineered and constructed to accommodate no fewer than four antenna arrays.
[2] 
All towers over 121 feet shall be engineered and constructed to accommodate no fewer than five antenna arrays.
(g) 
Grading shall be minimized and limited only to the area necessary for the new MWSF and equipment compound.
(h) 
Freestanding non-concealed MWSF towers shall be limited to monopole-type towers, unless the applicant demonstrates that such design is not feasible to accommodate the intended uses.
B. 
Application requirements. The applicant shall provide:
(1) 
A written statement of compliance with all applicable FCC rules and regulations.
(2) 
A complete set of construction drawings of the proposed facility demonstrating compliance with applicable federal, state and Village of Mishicot building codes.
(3) 
A map of the same search ring submitted and used by the applicant's site locator with a statement confirming the same.
(4) 
A map indicating the applicant's existing RF signal propagation and a map indicating the applicant's proposed new RF signal propagation.
(5) 
A statement from the applicant providing information regarding justification for the proposed new non-concealed MWSF facility.
(6) 
A report and supporting technical data shall be submitted demonstrating the following:
(a) 
Location of all potential alternative structures including utility distribution towers and other elevated structures within the proposed service area has been examined and found unacceptable.
(b) 
Reasoning as to why alternative structures are not acceptable.
(7) 
Proof that a property and/or tower owner's agent has appropriate authorization to act upon the owner's behalf (if applicable).
(8) 
An affidavit by a radio frequency engineer demonstrating compliance with § 367-17, Siting alternatives order, of this chapter. If a lower-ranking alternative is proposed the affidavit must address why higher-ranked options are not technically feasible, practical, and/or justified given the location of the proposed communications facility.
(9) 
Statement as to the potential visual and aesthetic impacts of the proposed tower and equipment on all adjacent residential zoning districts.
(10) 
Written statement by a registered professional engineer licensed in the State of Wisconsin specifying the design structural failure modes of the proposed facility, if applicable.
(11) 
Statement certifying that no unusual sound emissions such as alarms, bells, buzzers, or the like are permitted. Emergency generators are permitted. Sound levels shall not exceed 65 dB as measured at the closest property boundaries for the facility.
(12) 
A radio frequency propagation plot indicating the coverage of existing antenna sites, coverage prediction, and design radius, together with a certification from the applicant's radio frequency (RF) engineer that the proposed facility's coverage or capacity potential cannot be achieved by any higher-ranked alternative such as a concealed facility, attached facility, replacement facility, collocation, or new tower.
(13) 
A radio frequency propagation plot indicating the proposed improvement's coverage area which provides sufficient justification for the requested support structure height.
(14) 
One original and two copies of a survey of the property completed by a registered professional engineer licensed in the State of Wisconsin showing all existing uses, structures, and improvements.
(15) 
Six sets (24 inches by 36 inches) of signed and sealed site plans which shall include the following:
(a) 
Name of project and date.
(b) 
Deed book and page and map book and page reference.
(c) 
Scale, North arrow, and vicinity map.
(d) 
Subject property information, including zoning, watershed classification, and percent coverage of lot to be impervious surface (if located in a designated watershed area).
(e) 
Adjacent property information, including landowners, land uses, height of principal building, size of lots, zoning, and land use designation.
(f) 
Tower elevations.
(g) 
Landscape buffering plans.
(h) 
Maximum height of the proposed tower and proposed and future mounting elevations of future antenna, including individual measurement of the base, the tower, and lightning rod.
(i) 
Location, classification, and size of all major public or private streets and rights-of-way.
(j) 
Identify adjacent features within 500 feet of property boundary, including driveways, public parking areas, pedestrianways, trails, and any other pertinent features.
(k) 
Two reduced copies (8 1/2 inches by 11 inches) of the foregoing preliminary grading plans may be included on site plans or separately submitted in equal quantities.
(16) 
Title report or American Land Title Association (ALTA) survey showing all easements on the subject property, together with a full legal description of the property.
(17) 
List of adjacent property owners and keyed to the map. The list must be from the most current ownership information supplied by the Village Clerk-Treasurer, together with two sets of mailing labels for such property owners. Applicant will also provide a notarized certification letter stating the ownership list referenced herein is accurate to the best of the applicant's ability.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
(18) 
Simulated photographic evidence of the proposed tower and antenna appearance from any and all residential areas within 1,500 feet and vantage points approved by the Building Inspection Department, including the facility types the applicant has considered and the impact on adjacent properties, including:
(a) 
Overall height.
(b) 
Configuration.
(c) 
Physical location.
(d) 
Mass and scale.
(e) 
Materials and color.
(f) 
Illumination.
(g) 
Architectural design.
(19) 
All other documentation, evidence, or materials necessary to demonstrate compliance with the applicable approval criteria set forth in this chapter.
(20) 
Prior to issuance of a building permit, proof of FAA compliance with Subpart C of the Federal Aviation Regulations, Part 77, and "Objects Affecting Navigable Airspace," if applicable.
The Village may waive any of the application requirements provided for in this Article IX to be provided by an applicant where the Village determines that such application requirements are not necessary or are inapplicable to the determination of the subject application.