[Added 3-18-2020 by Ord.
No. 976]
(a)
Purpose. This section is intended to regulate wireless mobile service
facilities to the full extent allowed by W.S.A. § 66.0404
and other applicable laws. Nothing herein is intended to regulate
or authorize the regulation of mobile service facilities in a manner
that is preempted or prohibited by W.S.A. § 66.0404 or other
applicable laws.
(b)
ANTENNA
APPLICATION
BUILDING PERMIT
CLASS 1 CO-LOCATION
CLASS 2 CO-LOCATION
CO-LOCATION
DISTRIBUTED ANTENNA SYSTEM
EQUIPMENT COMPOUND
EXISTING STRUCTURE
FALL ZONE
MOBILE SERVICE
(1)
a.
b.
c.
MOBILE SERVICE FACILITY
MOBILE SERVICE PROVIDER
MOBILE SERVICE SUPPORT STRUCTURE
PERMIT
POLITICAL SUBDIVISION
PUBLIC UTILITY
SEARCH RING
SMALL WIRELESS FACILITY [consistent with 47 CFR § 1.6002(1)]
(1)
(2)
(3)
(4)
(5)
(6)
SUBSTANTIAL MODIFICATION
(1)
(2)
(3)
(4)
SUPPORT STRUCTURE
UTILITY POLE
Definitions. All terms used herein shall have the meanings described
in W.S.A. § 66.0404(1); see below:
Communications equipment that transmits and receives electromagnetic
radio signals and is used in the provision of mobile services.
An application for a permit under this section to engage
in either:
A permit issued by the Village of Mukwonago that authorizes
an applicant to conduct construction activity that is consistent with
the Village of Mukwonago building code.
The placement of a new mobile service facility on an existing
support structure such that the owner of the facility does not need
to construct a freestanding support structure for the facility but
does need to engage in substantial modification.
The placement of a new mobile service facility on an existing
support structure such that the owner of the facility does not need
to construct a freestanding support structure for the facility or
engage in substantial modification.
Class 1 or class 2 co-location or both.
A network of spatially separated antenna nodes that is connected
to a common source via a transport medium and that provides mobile
service within a geographic area or structure.
An area surrounding or adjacent to the base of an existing
support structure within which is located mobile service facilities.
A support structure that exists at the time a request for
permission to place mobile service facilities on a support structure
is filed with the Village of Mukwonago.
The area over which a mobile support structure is designed
to collapse.
Has the meaning given in 47 USC 153 (33); see below:
Mobile service. The term "mobile service" means a radio communication
service carried on between mobile stations or receivers and land stations,
and by mobile stations communicating among themselves, and includes:
Both one-way and two-way radio communication services;
A mobile service which provides a regularly interacting group
of base, mobile, portable, and associated control and relay stations
(whether licensed on an individual, cooperative, or multiple basis)
for private one-way or two-way land mobile radio communications by
eligible users over designated areas of operation; and
Any service for which a license is required in a personal communications
service established pursuant to the proceeding entitled "Amendment
to the Commission's Rules to Establish New Personal Communications
Services" (GEN Docket No. 90-314; ET Docket No. 92-100), or any successor
proceeding.
The set of equipment and network components, including antennas,
transmitters, receivers, base stations, power supplies, cabling, and
associated equipment, that is necessary to provide mobile service
to a discrete geographic area, but does not include the underlying
support structure.
A person who provides mobile service.
A freestanding structure that is designed to support a mobile
service facility.
A permit, other than a building permit, or approval issued
by a political subdivision which authorizes any of the following activities
by an applicant:
A city, village, town, or county.
Has the meaning given in Wisconsin Statutes.
A shape drawn on a map to indicate the general area within
which a mobile service support structure should be located to meet
radio frequency engineering requirements, taking into account other
factors, including topography and the demographics of the service
area.
A facility that meets each of the following conditions:
The structure on which antenna facilities are mounted:
Each antenna (excluding associated antenna equipment) is no
more than three cubic feet in volume;
All other wireless equipment associated with the structure,
including the wireless equipment associated with the antenna and any
preexisting associated equipment on the structure, is cumulatively
no more than 28 cubic feet in volume;
The facility does not require antenna structure registration;
The facility is not located on tribal lands; and
The facility does not result in human exposure to radiofrequency
radiation in excess of the applicable safety standards specified by
federal law.
The modification of a mobile service support structure, including
the mounting of an antenna on such a structure, that does any of the
following:
For structures with an overall height of 200 feet or less, increases
the overall height of the structure by more than 20 feet.
For structures with an overall height of more than 200 feet,
increases the overall height of the structure by 10% or more.
Measured at the level of the appurtenance added to the structure
as a result of the modification, increases the width of the support
structure by 20 feet or more, unless a larger area is necessary for
co-location.
Increases the square footage of an existing equipment compound
to a total area of more than 2,500 square feet.
An existing or new structure that supports or can support
a mobile service facility, including a mobile service support structure,
utility pole, water tower, building, or other structure.
A structure owned or operated by an alternative telecommunications
utility, as defined in Wisconsin Statutes; public utility, as defined
in Wisconsin Statutes; telecommunications utility, as defined in Wisconsin
Statutes; political subdivision; or cooperative association organized
under Wisconsin Statutes; and that is designed specifically for and
used to carry lines, cables, or wires for telecommunications service,
as defined in Wisconsin Statutes; for video service, as defined in
Wisconsin Statutes; for electricity; or to provide light.
(c)
New towers and facilities. The siting and construction of a new mobile
service support structure and facilities shall be subject to the following
requirements:
(1)
Application process. The applicant shall submit an application
on forms or by electronic means as provided by the Village, which
shall include all of the following information minimally as well as
any other information as may be specifically requested within the
application form itself.
a.
The name and business address of, and the contact individual
for, the applicant.
b.
The location of the proposed tower.
c.
The location of the mobile service facility.
d.
A construction plan which describes the tower, equipment, network
components, antennas, transmitters, receivers, base stations, power
supplies, cabling, and related equipment to be placed on or around
the new tower.
e.
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 the responsible party attesting that co-location within
the applicant's service area would not result in the same mobile service
functionality, coverage, and capacity; is technically infeasible;
or is economically burdensome.
(2)
Determination of completeness - application. The Village Zoning Administrator will determine, within the prescribed "application(s) completeness review deadlines" (reference § 79-71, Application shot clocks) whether the application is complete. If the application includes all of the required information, the application shall be found to be complete. The Village Zoning Administrator must notify the applicant in writing within the prescribed "application(s) completeness review deadlines" if an application is found not to be complete, specifying in detail the required information that was incomplete. The applicant may resubmit as often as necessary until it is complete.
(3)
Conditional use review procedure. The wireless telecommunications mobile service facility shall be a conditional use; however, it is not subject to Chapter 100 of this Code, but instead shall be reviewed pursuant to the following procedures:
a.
Public hearing. Within a reasonable time after an application
and all required information has been filed, a public hearing shall
be held by the Plan Commission pursuant to this chapter. Within 40
days after the public hearing and all investigation, the Plan Commission
shall make a recommendation to the Village Board unless the time is
extended by the petitioner.
b.
Fee. Any petition shall be accompanied by a fee as set from
time to time by the Village Board to defray the cost of notification
and holding of public hearing. Costs incurred by the Village in obtaining
legal, planning, engineering and other technical and professional
advice in connection with the review and implementation of the conditional
use shall be charged to the petitioner. Such fee shall not exceed
the limits established by W.S.A. § 66.0404(4)(d).
c.
Requirements.
1.
Any new or substantially modified mobile service support structure
(not including structures proposed to be placed in the right-of-way)
that is proposed to be constructed on or adjacent to a parcel of land
that permits single-family residential use shall be subject to an
offset and setback requirement equal to the height of the support
structure. The Village Zoning Administrator may permit a reduction
in this offset/setback requirement but only to the extent it is determined
that such reduction will not compromise the public safety and only
when the applicant demonstrates a unique or extenuating circumstance
specific to the proposed structure location which prevents full compliance
with this offset/setback requirement.
2.
All facilities shall comply fully with all applicable state
and federal codes.
(d)
Determination. The Village Board shall make a decision on the application within a reasonable time after receipt of the Plan Commission recommendation, provided further that the final action shall be taken within the required period of time (reference § 79-71, Application shot clocks) unless the time for final action by the Village is extended by mutual agreement of the petitioner and the Village. Said decision shall be stated in writing and a copy made a permanent part of the Village records. If conditional use status is not granted, the reasons therefor will be included in such record. A grant of conditional use status, subsequent changes or additions thereto and terminations thereof shall be recorded as follows:
(1)
An official record of such conditional grant shall be prepared
by the Village Zoning Administrator on a form prescribed therefor
which shall include the description of the use for which the grant
is given and all conditions attached thereto as well as a copy of
the resolution of the Village Board approving the grant. A copy of
the completed form shall be recorded at the Waukesha County Register
of Deeds as a covenant on the title for the premises for which the
conditional use was granted.
(2)
Changes or additions. Subsequent changes or additions to the
approved plans or use shall first be submitted for approval to the
Plan Commission and if, in the opinion of the Village Zoning Administrator
in his review of the revisions requested, such change or addition
constitutes a substantial alteration, a public hearing before the
Plan Commission shall be required and notice thereof be given pursuant
to this chapter.
(3)
Conditions. Conditions such as landscaping, architectural design,
type of construction, floodproofing, anchoring of structures, construction
commencement and completion dates, sureties, lighting, fencing, planting
screens, operational control, hours of operation, improved traffic
circulation, deed restrictions, highway access restrictions, increased
yard, or parking requirements, among other issues as deemed appropriate
may be required by the Plan Commission upon its finding that these
are necessary to fulfill the purpose and intent of this chapter; subject
to the limitations of Subsection (d)(4), Limitations upon authority,
below.
(4)
Limitations upon authority. The Village review and action in
the matter shall be subject to the limitations imposed by W.S.A. § 66.0404(4).
In the event the applicant believes the Village has erred in its determination,
the applicant may, within 30 days of the Village Board decision on
the matter, submit a written statement to that effect, including a
detailed description of the specific points on which the applicant
believes the Village has erred. The Village Board reserves the right
to reconsider the matter, to ensure that all applicable laws are followed.
(e)
Modifications. The construction of modifications to an existing mobile
service support structure or mobile service facility shall be subject
to the following requirements:
(1)
Substantial modification.
a.
Application and review process. The application and review process
for a substantial modification is identical to the application and
review process for a new tower, as described in Subsection (c), New
towers and facilities, above, except that the required plans should
describe the proposed modifications, rather than describe the new
structure.
(2)
Not substantial modifications.
a.
Application information and review process. The applicant shall
submit an application that describes the applicant's basis for concluding
that the modification is not substantial, and all of the following
information:
b.
Completeness determination. The Village Zoning Administrator will determine, within the prescribed "application(s) completeness review deadlines" (reference § 79-71, Application shot clocks) whether the application is complete. If the application includes all of the required information, the application shall be found to be complete. The Village Zoning Administrator must notify the applicant in writing within the prescribed "application(s) completeness review deadlines" if an application is found not to be complete, specifying in detail the required information that was incomplete. The applicant may resubmit as often as necessary until it is complete.
c.
Fee. Any petition shall be accompanied by a fee as set from
time to time by the Village Board to defray the cost of review. Costs
incurred by the Village in obtaining legal, planning, engineering
and other technical and professional advice in connection with the
review and implementation of the modifications shall be charged to
the petitioner. Such fee shall not exceed the limits established by
W.S.A. § 66.0404(4)(d).
d.
Determination. The Village Zoning Administrator shall make a decision on the nonsubstantial modification application within the prescribed period of time (reference § 79-71, Application shot clocks) unless the time is extended by mutual agreement between the Village and the petitioner. Said decision shall be stated in writing and a copy made a permanent part of the Village records. If modifications as requested are not approved by the Village Zoning Administrator, the reasons therefor will be provided to the applicant in writing.
e.
Limitations upon authority. The Village review and action in
the matter shall be subject to the limitations imposed by W.S.A. § 66.0404(4),
and such other laws as may apply which may include 47 U.S.C.A. § 1455.
In the event the applicant believes the Village has exceeded its authority
in this regard, the applicant shall notify the Village Board in writing
within 30 days of the action/decision, and the Village Board reserves
the right to reconsider the matter.
[Added 3-18-2020 by Ord.
No. 976]
(a)
Definitions.
(1)
ADMINISTRATOR
APPLICANT
APPLICATION
BASE STATION
ELIGIBLE FACILITIES REQUEST
FCC
RIGHT-OF-WAY
SMALL WIRELESS FACILITY
a.
b.
c.
d.
e.
SUPPORT STRUCTURE
TOWER
UNDERGROUND AREAS
UTILITY POLE
WIRELESS INFRASTRUCTURE PROVIDER
WIRELESS PERMIT or PERMIT
WIRELESS REGULATIONS
WIRELESS SERVICE PROVIDER
WIRELESS TELECOMMUNICATIONS EQUIPMENT
WIRELESS TELECOMMUNICATIONS FACILITY or FACILITY
For the purposes of this section, the terms below shall have
the following meanings:
The Village Zoning Administrator or his/her designee.
A person filing an application for placement or modification
of a wireless telecommunications facility in the right-of-way.
A formal request, including all required and requested documentation
and information, submitted by an applicant to the Village for a wireless
permit.
Means the same as in 47 CFR § 1.6100(b)(1), which
defines the term to mean a structure or wireless telecommunications
equipment at a fixed location that enables FCC-licensed or -authorized
wireless communications between user equipment and a communications
network. This definition does not include towers.
Means the same as in 47 CFR § 1.6100(b)(3), which
defines the term to mean any request for modification of an existing
tower or base station that does not substantially change the physical
dimensions of such tower or base station, involving:
The Federal Communications Commission.
The surface of, and the space above and below, the entire
width of an improved or unimproved public roadway, highway, street,
bicycle lane, landscape terrace, shoulder, side slope, and public
sidewalk over which the Village exercises any rights of management
and control or in which the Village has an interest.
Consistent with 47 CFR § 1.6002(1), means a facility
that meets each of the following conditions:
The structure on which antenna facilities are mounted:
Each antenna (excluding associated antenna equipment) is no
more than three cubic feet in volume;
All other wireless equipment associated with the structure,
including the wireless equipment associated with the antenna and any
preexisting associated equipment on the structure, is cumulatively
no more than 28 cubic feet in volume;
The facility does not require antenna structure registration;
The facility does not result in human exposure to radiofrequency
radiation in excess of the applicable safety standards specified by
federal law.
Any structure capable of supporting wireless telecommunications
equipment.
Means the same as in 47 CFR § 1.6100(b)(9), which
defines the term as any structure built for the sole or primary purpose
of supporting any Federal Communication Commission (FCC) licensed
or authorized antennas and their associated facilities, including
structures that are constructed for wireless communications services,
including, but not limited to, private, broadcast, and public safety
services, as well as unlicensed wireless services and fixed wireless
services such as microwave backhaul, and the associated site. This
definition does not include utility poles.
Those areas where there are no electrical facilities or facilities
of the incumbent local exchange carrier in the right-of-way; or where
the wires associated with the same are or are required to be located
underground; or where the same are scheduled to be converted from
overhead to underground. Electrical facilities are distribution facilities
owned by an electric utility and do not include transmission facilities
used or intended to be used to transmit electricity at nominal voltages
more than 35,000 volts.
A structure in the right-of-way designed to support electric,
telephone, and similar utility distribution lines and associated equipment.
A tower is not a utility pole.
A person that owns, controls, operates, or manages a wireless
telecommunications facility or portion thereof within the right-of-way.
A permit issued pursuant to this section and authorizing
the placement or modification of a wireless telecommunications facility
of a design specified in the permit at a particular location within
the right-of-way, and the modification of any existing support structure
to which the wireless telecommunications facility is proposed to be
attached.
Those regulations adopted pursuant to Subsection (e)(2)a
to implement the provisions of this section.
An entity that provides wireless services to end users.
Equipment at a fixed location that enables FCC-licensed or
authorized wireless communications between user equipment and a communications
network.
A facility at a fixed location in the right-of-way consisting
of a base station, antennas and other accessory equipment, and a tower
and underground wiring, if any, associated with the base station.
(2)
Definitions in this section may contain quotations or citations
to 47 CFR §§ 1.6100 and 1.6002. In the event that any
referenced section is amended, creating a conflict between the definition
as set forth in this section and the amended language of the referenced
section, the definition in the referenced section, as amended, shall
control.
(b)
Purpose. In the exercise of its police powers, the Village has priority
over all other uses of the right-of-way. The purpose of this section
is to provide the Village with a process for managing, and uniform
standards for acting upon, requests for the placement of wireless
telecommunications facilities within the right-of-way consistent with
the Village's obligation to promote the public health, safety, and
welfare; to manage the right-of-way; and to ensure that the public's
use is not obstructed or incommoded by the use of the right-of-way
for the placement of wireless telecommunications facilities. The Village
recognizes the importance of wireless telecommunications facilities
to provide high-quality communications and internet access services
to residents and businesses within the Village. The Village also recognizes
its obligation to comply with applicable federal and state laws regarding
the placement of wireless telecommunications facilities in the right-of-way,
including, without limitation, the Telecommunications Act of 1996
(47 U.S.C. § 151 et seq.), Section 6409(a) of the Middle
Class Tax Relief and Job Creation Act of 2012, W.S.A. § 182.017,
and W.S.A. § 196.58, and this section shall be interpreted
consistent with those provisions.
(c)
Scope.
(1)
Applicability. Unless exempted by Subsection (c)(2), below,
every person who wishes to place a wireless telecommunications facility
in the right-of-way or modify an existing wireless telecommunications
facility in the right-of-way must obtain a wireless permit under this
section.
(2)
Exempt Facilities. The provisions of this section [other than § 79-69(k) through (o)] shall not be applied to applications for the following:
a.
Installation of a small wireless facility on the strand between
two utility poles, provided that the cumulative volume of all wireless
facilities on the strand shall not exceed one cubic foot, and provided
further that the installation does not require replacement of the
strand, or excavation, modification, or replacement of either of the
utility poles.
b.
Installation of a mobile cell facility (commonly referred to
as "cell on wheels" or "cell on truck") for a temporary period in
connection with an emergency or event, but no longer than required
for the emergency or event, provided that installation does not involve
excavation, movement, or removal of existing facilities.
c.
Placement or modification of a wireless telecommunications facility
on structures owned by or under the control of the Village. See subsection
(n) of this section.
d.
Placement or modification of a wireless telecommunications facility
by Village staff or any person performing work under contract with
the Village.
e.
Modification of an existing wireless telecommunications facility
that makes no material change to the footprint of a facility or to
the surface or subsurface of a public street if the activity does
not disrupt or impede traffic in the traveled portion of a street,
and if the work does not change the visual or audible characteristics
of the wireless telecommunications facility.
(d)
Nondiscrimination. In establishing the rights, obligations, and conditions
set forth in this section, it is the intent of the Village to treat
each applicant and right-of-way user in a competitively neutral and
nondiscriminatory manner, to the extent required by law, while taking
into account the unique technologies, situation, and legal status
of each applicant or request for use of the right-of-way.
(e)
Administration.
(1)
Administrator. The Administrator is responsible for administering
this section.
(2)
Powers. As part of the administration of this section, the Administrator
may:
a.
Adopt wireless regulations governing the placement and modification
of wireless telecommunications facilities in addition to but consistent
with the requirements of this section, including regulations governing
co-location, the resolution of conflicting applications for placement
of wireless telecommunications facilities, and aesthetic standards.
b.
Interpret the provisions of the section and the wireless regulations.
c.
Develop forms and procedures for submission of applications
for wireless permits consistent with this section.
d.
Collect any fee required by this section.
e.
Establish deadlines for submission of information related to
an application, and extend or shorten deadlines where appropriate
and consistent with federal laws and regulations.
f.
Issue notices of incompleteness or requests for information
in connection with any wireless permit application.
g.
Select and retain an independent consultant or attorney with
expertise in telecommunications to review any issue that involves
specialized or expert knowledge in connection with any permit application.
h.
Coordinate and consult with other Village staff, committees,
and governing bodies to ensure timely action on all other required
permits under Subsection (f)(2)g of this section.
i.
Subject to appeal as provided in Subsection (i)(4) of this section,
determine whether to grant, grant subject to conditions, or deny an
application.
j.
Take such other steps as may be required to timely act upon
wireless permit applications, including issuing written decisions
and entering into agreements to mutually extend the time for action
on an application.
(f)
Application.
(1)
Format. Unless the wireless regulations provide otherwise, the
applicant must submit both a paper copy and an electronic copy (in
a searchable format) of any application, as well as any amendments
or supplements to the application or responses to requests for information
regarding an application, to the Administrator. An application is
not complete until both the paper and electronic copies are received
by the Administrator.
(2)
Content. In order to be considered complete, a fully executed
application must be submitted using forms provided by the Village
and with all required supporting materials and information included
or attached thereto, and also, in addition to all other information
requested, the following shall be provided:
a.
All information required pursuant to the wireless regulations.
b.
A completed application cover sheet signed by an authorized
representative of the applicant, listing all standard permit conditions.
c.
The name of the applicant (including any corporate or trade
name), and the name, address, email address, and telephone number
of a local representative. If the applicant is a wireless infrastructure
provider, the name and contact information for the wireless service
provider(s) that will be using the wireless telecommunications facility
must also be provided.
d.
A statement of which shot clock or shot clocks apply to the
application and the reasons the chosen shot clocks apply.
e.
A separate and complete description of each proposed wireless
telecommunications facility and the work that will be required to
install or modify it, including but not limited to detail regarding
proposed excavations, if any; detailed site plans showing the location
of the facility and technical specifications for each element of the
facility, clearly describing the site and all structures and facilities
at the site before and after installation or modification and identifying
the owners of such preexisting structures and facilities; and describing
the distance to the nearest residential dwelling unit. Before and
after 360-degree photo simulations must be provided for each facility.
f.
A copy of the FCC license for the facility or a sworn written
statement from the applicant attesting that the facility will comply
with current FCC regulations.
g.
To the extent that filing of the wireless permit application
establishes a deadline for action on any other permit that may be
required in connection with the wireless telecommunications facility,
the wireless permit application must include complete copies of such
other permit applications (including, for instance, but not necessarily
limited to, electrical permits, building permits, construction permits,
traffic control permits, right-of-way permits, excavation permits
and erosion control permits), with all engineering completed and with
evidence of payment for all fees associated with each permit.
h.
A certification by a registered and qualified engineer that
the installation can be supported by and does not exceed the tolerances
of the structure on which it will be mounted and that all elements
of the wireless telecommunications facility comply with applicable
safety standards.
i.
Payment of all required fees. The fee for application shall
be as established and periodically updated by the Village Board from
time to time but in no case less than $500 for a single upfront application
that may include up to five wireless facilities plus an additional
$100 for each facility beyond five. For applications which include
placement of a new pole, the application fee shall be not less than
$1,000. Full payment of application fees must be rendered at the time
an application is submitted.
j.
If an applicant contends that denial of the application would
prohibit or effectively prohibit the provision of service in violation
of federal law, or otherwise violate applicable law, the application
must provide all evidence on which the applicant relies in support
of that claim. Applicants are not permitted to supplement this evidence
if doing so would prevent the Village from complying with any deadline
for action on an application.
k.
If the application is an eligible facilities request, the application
must contain information sufficient to show that the application qualifies
as an eligible facilities request under 47 CFR § 1.6100(b)(3),
including evidence that the application relates to an existing tower
or base station that has been approved by the Village. Before and
after 360-degree photo simulations must be provided with detailed
specifications demonstrating that the modification does not substantially
change the physical dimensions of the existing approved tower or base
station.
(3)
Waivers. Requests for waivers from any requirement of this Subsection
(f) regarding the application requirements shall be made in writing
to the Village Zoning Administrator. The Administrator may grant a
request for waiver if it is demonstrated that, notwithstanding the
issuance of the waiver, the Village will be provided with all information
necessary to fully understand the nature of the construction or other
activity proposed to be conducted pursuant to the wireless permit
sought.
(4)
Fees. The applicant must pay an application fee concurrent with
submittal of the application, the level of such fees to be set by
the Village of Mukwonago Village Board from time to time. The applicant
shall also be required to pay all costs reasonably incurred in reviewing
the application, including costs incurred by the Village in retaining
outside consultants to assist in the review.
(5)
Public records. Applications are public records that may be
made publicly available pursuant to state and federal public records
law. Notwithstanding the foregoing, the applicant may designate portions
of the application materials that it reasonably believes contain proprietary
or confidential information by clearly marking each portion of such
materials accordingly, and the Village shall endeavor to treat the
information as proprietary and confidential, subject to applicable
state and federal public records law and the Administrator's determination
(with guidance of the Village Attorney) that the applicant's request
for confidential or proprietary treatment of the application materials
is reasonable. The Village shall not be required to incur any costs
to protect the application from disclosure.
(g)
General standards.
(1)
Generally. Wireless telecommunications facilities shall meet
the minimum requirements set forth in this section and the wireless
regulations, in addition to the requirements of any other applicable
law or regulation.
(2)
Regulations. The wireless regulations and decisions on wireless
permits shall, at a minimum, ensure that the requirements of this
section are satisfied, unless it is determined that the applicant
has established that denial of an application would, within the meaning
of federal law, prohibit or effectively prohibit the provision of
telecommunications or personal wireless services, or otherwise violate
applicable laws or regulations. If that determination is made, the
requirements of this section and the wireless regulations may be waived,
but only to the extent required to avoid the prohibition.
(3)
Design standards.
a.
Preferred locations. The following locations, in the order listed
from most to least preferred, are the preferred locations for installations
of wireless facilities in public rights-of-way: (i.e., M-2 Zoning
District location options must be ruled out as a prospective location
for the facilities and equipment proposed by the applicant before
considering prospective locations in the B-3, B-4, B-5, or P-1 Districts,
and etc..)
b.
Nonpreferred locations. The applicant should avoid locating
facilities or equipment within residential neighborhoods, designated
open spaces, parks, and conservation areas. A facility may be permitted
in a location other than a preferred location if the applicant provides
evidence showing that:
1.
Adequate coverage can be maintained, existing services can be
improved, or new services can be added only if facilities are placed
in a nonpreferred location; or
2.
The proposed facility will meet all applicable requirements
for the nonpreferred location and will complement the character of
the surrounding area.
c.
Avoid significant buildings and view sheds. Wireless communication
facilities shall not be located on historically or architecturally
significant structures unless visually and architecturally integrated
with the structure and shall not interfere with prominent vistas or
significant public view corridors.
d.
Co-location generally. Subject to the provisions of this section,
co-location of facilities is generally preferred over new support
structures if it can be accomplished in a way that better complements
the character of the surrounding area.
e.
Co-location with nonmunicipal facilities. Co-location on facilities
or support structures owned by parties other than the Village is subject
to the following:
1.
Where an existing facility or support structure can potentially
accommodate co-location of a new wireless facility, co-location will
be required unless:
[a]
The applicant submits substantial evidence supporting
the unsuitability of the co-location;
[b]
The owner of the existing facility or support structure
is unwilling to accommodate the applicant's equipment and cannot be
required to cooperate; or
[c]
The Village Zoning Administrator determines that
installing a new support structure or co-location with a Village facility
is preferable to co-location with another facility or support structure.
2.
Authorization for co-location on a facility or support structure
owned by a party other than the Village will be voided if the facility
or support structure is destroyed, removed, relocated, or replaced,
unless:
[a]
The owner of the co-located facility obtains a
new right-of-way use permit; or
[b]
The facility or support structure accommodating
the co-location is replaced with a facility or support structure comparable
in size, mass, appearance, and placement, as determined by the Village
Zoning Administrator.
f.
General location restrictions.
1.
Obstruction of traffic.
[a]
Facilities and support structures, towers, and
utility poles must be situated at least one foot back from the curb
or nearest traffic lane to reduce the risk of being struck by a motor
vehicle or bicycle.
[b]
Facilities and support structures, towers, and
utility poles may not obstruct, impede, or hinder vehicular, pedestrian,
or bicycle travel or public safety within the right-of-way, except
during an authorized/Village-approved temporary lane or sidewalk closure.
[c]
Within the Village's established vision clearance triangles (reference § 100-406 of the Code), facilities and support structures, towers, and utility poles must be located in such a manner as will minimize visual obstruction for pedestrians and motorists. Any proposed installation within a vision clearance triangle that is determined by the Village to pose a safety hazard may not be approved.
[d]
To the extent possible, a facility, support structure,
tower, or utility pole should be located and designed so as to avoid
interference with right-of-way maintenance activities, such as:
3.
Facilities and support structures, towers, and utility poles
must generally be located in alignment with existing trees, facilities,
support structures, towers, utility poles, and streetlights.
4.
Spacing.
[a]
A support structure, tower, or utility pole for
a wireless facility must be located at least 25 feet, from center
line to center line, from any other support structure, tower or utility
pole in a public right-of-way unless specifically waived or modified
by the Village Zoning Administrator due to unique and limiting circumstances
of the specific proposed location.
[b]
Facilities and support structures, towers, and
utility poles must be located equal distance between trees whenever
possible, and no closer than 20 feet, from center line to center line,
to a tree in order to avoid damaging a tree's critical root zone.
This distance may be increased if the Village Zoning Administrator
determines that the critical root zone of a nearby tree is greater
than 20 feet.
5.
Frontage.
[a]
Facilities and support structures, towers, and
utility poles should not be located along the frontage of any building
deemed to be of historic significance on a federal, state, or local
level.
[b]
New facilities and support structures, towers,
and utility poles should not be located directly in front of any existing
residential, commercial, or industrial structure but rather every
effort shall be made to locate these at lot corners.
[c]
To the extent possible, new facilities and support
structures, towers, and utility poles must be located in line with
existing lot lines, but in areas where multiple structures abut each
other or where no side lot setback requirement exists, structures
should not be located directly in front of an entrance or window of
any existing structure.
6.
Use of lighting elements.
[a]
A combination support structure and streetlight
pole should only be located where an existing pole can be removed
and replaced, or at a new location where the Village has identified
that a streetlight is necessary. The lighting fixtures shall be of
like kind to those which the Village is using within the immediately
surrounding area. Installation, maintenance, repair and replacement
of such light fixtures shall be the responsibility of the permit holder.
[b]
In no case shall the location/placement of a wireless
facility be permitted where its location/placement adversely impacts
the functionality/intended purpose of the light fixture(s) also located
on that pole.
7.
Height restrictions and requirements.
[a]
Maximum height of a wireless facility. The height
of a wireless facility in the right-of-way may not exceed the greater
of 50 feet above ground level at the base of the structure or 10 feet
above the tallest existing support structure, tower, or utility pole
that is in place on the effective date of this article and that is
located within 500 feet of the proposed facility.
[b]
Minimum height of wireless facility and equipment
mounted to support structures must not interfere with or create a
hazard to pedestrian or vehicular traffic and must be a minimum of
10 feet above any pedestrian or bicycle thoroughfare and a minimum
of 16 feet above any traffic lane.
8.
Undergrounding.
[a]
Undergrounded equipment. To conceal nonantenna
equipment, applicants shall install all nonantenna equipment underground
where utilities or other equipment in the right-of-way is also required
to be located underground. In all other areas, applicants shall underground
their nonantenna equipment to the extent feasible. Additional expense
to install and maintain an underground equipment enclosure does not
exempt an applicant from this requirement, except where the applicant
demonstrates by clear and convincing evidence that this requirement
will effectively prohibit the provision of personal wireless services.
Nothing in this subsection is intended to require the applicant to
install any electric meter required by the applicant's electrical
service provider underground.
[b]
Ground-mounted equipment. To the extent that the
equipment cannot be placed underground if required, applicants shall
install ground-mounted equipment in the location so that it does not
obstruct pedestrian or vehicular traffic. The Village may require
landscaping or other concealment as a condition of approval to conceal
ground-mounted equipment. Ground-mounted equipment shall not be permitted
in connection with a streetlight, traffic signal, utility pole or
other similar infrastructure in the public right-of-way of the downtown
area. In the event that the Village approves ground-mounted equipment,
the applicant shall conform to the following requirements:
[i]
Self-contained cabinet or shroud. The equipment
shroud or cabinet shall contain all the equipment associated with
the facility other than the antenna. All cables and conduits associated
with the equipment shall be concealed from view.
[ii]
Concealment. The Village may require the applicant
to incorporate concealment elements into the proposed design, including
but not limited to public art displayed on the cabinet, strategic
placement in less obtrusive locations and placement within existing
or replacement street furniture.
9.
General aesthetic standards.
[a]
Concealment. Permits for wireless telecommunications
facilities shall incorporate specific concealment elements to minimize
visual impacts, and design requirements ensuring compliance with all
standards for noise emissions. Unless it is determined that another
design is less intrusive, or placement is required under applicable
law:
[i]
Antennas located at the top of support structures
shall, to the maximum extent possible, be incorporated into the structure,
or placed within shrouds of a size such that the antenna appears to
be part of the support structure;
[ii]
Antennas placed elsewhere on a support structure
shall, to the maximum extent possible, be integrated into the structure,
or be designed and placed to minimize visual impacts.
[iii]
Radio units or equipment cabinets holding radio
units and mounted on a utility pole shall be placed as high as possible
on a support structure, located to avoid interfering with, or creating
any hazard to, any other use of the public rights-of-way, and located
on one side of the utility pole. Unless the radio units or equipment
cabinets can be otherwise more appropriately concealed, radio units
or equipment cabinets mounted below the communications space on support
poles or structures shall be designed so that the largest dimension
is vertical, and the width is such that the radio units or equipment
cabinets are minimally visible from the opposite side of the pole
or support structure on which they are placed.
[iv]
Wiring and cabling shall be neat and concealed
within the structure or, if within the structure is not possible,
then flush to the support structure in a manner that, to the greatest
extent possible, blends into the color/materials/design of the structure
as will ensure maximum concealment of these components.
[v]
No support structures, towers, or utility poles
shall be permitted in the public rights-of-way, and no wireless telecommunications
facilities shall be permitted above ground, in underground areas;
provided that the Village may permit placements where all elements
of the wireless telecommunications facility are concealed and the
facility does not appear to a casual observer to be a wireless telecommunications
facility.
10.
Noise. Facilities must be constructed and operated in a manner
that prevents or minimizes audible noise.
11.
Facilities must not be illuminated, except in accordance with
state or federal regulations or if incorporated as part of a streetlight
pole.
12.
Signage prohibited.
[a]
Signage is not permitted except to comply with
FCC or Wisconsin regulations to provide safety warnings.
[b]
Every facility shall at all times display a small
placard that accurately identifies the facility owner and provides
the facility owner's unique site number, and also provides a local
or toll-free telephone number to contact the facility owner's operations
center. This placard shall be as small as is practicable.
[c]
The design, materials, colors, and location of
the placards shall be subject to review and approval by the Village
prior to placement. If at any time a new owner or operator provider
takes over operation of an existing personal wireless service facility,
the new personal wireless service provider shall notify the Village
of the change in operation within 30 days, and the required and approved
placard shall be updated within 30 days to reflect the name and phone
number of the new wireless service provider. The colors, materials
and design of the updated placard shall match those of the previously
approved placard.
13.
Trees. Tree topping or the improper pruning of trees is prohibited.
Any proposed pruning of trees, shrubs, or other landscaping already
existing in the right-of-way must be specifically called out in the
application and approved by the Village in writing prior to the start
of any pruning or cutting.
(4)
Other standards.
a.
Wireless telecommunications facilities shall be installed and
modified in a manner that:
1.
Minimizes risks to public safety;
2.
Ensures that placement of facilities on existing structures
is within the tolerance of those structures;
3.
Avoids placement of aboveground facilities in underground areas,
installation of new support structures or equipment cabinets in the
public right-of-way, or placement in residential areas when alternative
and suitable commercial, light industrial and/or institutional areas
are reasonably available;
4.
Maintains the integrity and character of the neighborhoods and
corridors in which the facilities are located;
5.
Ensures that installations are subject to periodic review to
minimize the intrusion on the right-of-way;
6.
Ensures that the Village bears no risk or liability as a result
of the installations; and
7.
Ensures that the applicant's use does not inconvenience the
public, interfere with the primary uses of the right-of-way, or hinder
the ability of the Village or other government entities to improve,
modify, relocate, abandon, or vacate the right-of-way or any portion
thereof, or to cause the improvement, modification, relocation, vacation,
or abandonment of facilities in the right-of-way.
(5)
Standard permit conditions. All wireless permits under this
section are issued subject to the following minimum conditions:
a.
Locates. All permit holders shall be required to have/maintain
current and active membership status in the Wisconsin Diggers Hotline/Call
811 underground-utility-locating service for the duration of the time
that the permit holder has underground facilities of any sort located
in the public rights-of-way throughout the Village of Mukwonago.
b.
Compliance. The permit holder shall at all times maintain compliance
with all applicable federal, state, and local laws, regulations, and
other rules.
c.
Term. A wireless permit issued pursuant to an eligible facilities
request shall expire at the same time the permit for the underlying
existing wireless telecommunications facility expires. All other wireless
permits shall be valid for a period of five years from the date of
issuance unless revoked pursuant to Subsection (j)(2) of this section.
d.
Contact information. The permit holder shall at all times maintain
with the Village accurate contact information for the permit holder
and all wireless service providers making use of the facility, which
shall include a phone number, mailing address, and email address for
at least one natural person.
e.
Emergencies. The Village shall have the right to support, repair,
disable, or remove any elements of the facilities in emergencies or
when the facility threatens imminent harm to persons or property.
f.
Indemnities. The permit holder, by accepting a permit under
this section, agrees to indemnify, defend, and hold harmless the Village,
its elected and appointed officials, officers, employees, agents,
representatives, and volunteers (collectively, the "indemnified parties")
from and against any and all suits, actions, legal or administrative
proceedings, claims, demands, damages, liabilities, interest, attorneys'
fees, costs, and expenses of whatsoever kind or nature in any manner
caused in whole or in part, or claimed to be caused in whole or in
part, by reason of any act, omission, fault, or negligence, whether
active or passive, of the permit holder or anyone acting under its
direction or control or on its behalf, even if liability is also sought
to be imposed on one or more of the indemnified parties. The obligation
to indemnify, defend, and hold harmless the indemnified parties shall
be applicable even if the liability results from an act or failure
to act on the part of one or more of the indemnified parties. However,
the obligation does not apply if the liability results from the willful
misconduct of an indemnified party.
g.
Adverse impacts on adjacent properties. The permit holder shall
undertake all reasonable efforts to avoid undue adverse impacts to
adjacent properties and/or uses that may arise from the construction,
operation, maintenance, modification, or removal of the facility.
h.
General maintenance. The wireless communications facility and
any associated structures shall be maintained in a neat and clean
manner and in accordance with all approved plans and conditions of
approval.
i.
Graffiti removal. All graffiti on facilities shall be removed
at the sole expense of the permit holder within 48 hours after notification
from the Village.
j.
Relocation. At the request of the Village pursuant to Subsection (k) of this section, the permit holder shall promptly and at its own expense permanently remove and relocate any wireless telecommunications facility in the right-of-way.
k.
Abandonment. The permit holder shall promptly notify the Village whenever a facility has not been in use for a continuous period of 60 days or longer and must comply with Subsection (1) of this section.
l.
Restoration. A permit holder who removes or relocates a facility from the right-of-way must restore the right-of-way in accordance with Subsection (m) of this section.
m.
Record retention. The permit holder shall retain full and complete
copies of all permits and other regulatory approvals issued in connection
with the facility, which includes without limitation all conditions
of approval, approved plans, resolutions, and other documentation
associated with the permit or regulatory approval. In the event the
Village cannot locate any such full and complete permits or other
regulatory approvals in its official records, and the permit holder
fails to retain full and complete records in the permit holder's files,
any ambiguities or uncertainties that would be resolved through an
examination of the missing documents will be conclusively resolved
against the permit holder.
n.
Radio frequency emissions. Every wireless facility shall at
all times comply with applicable FCC regulations governing radio frequency
emissions, and failure to comply with such regulations shall be treated
as a material violation of the terms of the permit.
(h)
Certificate of insurance. A certificate of insurance sufficient to
demonstrate to the satisfaction of the Administrator (with guidance
of the Village Attorney) that the applicant has the capability to
cover any liability that might arise out of the presence of the facility
in the right-of-way. The applicant shall provide evidence of liability
insurance with limits of not less than $1,000,000 per occurrence and
$2,000,000 in the aggregate. The applicant shall provide evidence
through a policy endorsement that the Village shall be considered
an additional insured under the general liability policy on a primary
and noncontributory basis. An endorsement shall also be required that
provides that the Village shall receive notification of the termination
or material modification of the policy with not less than 30 days'
notice except in the event of a termination due to nonpayment of premium,
in which case the notice shall be provided not less than 10 days prior
to the termination of the policy. Evidence of such coverage shall
be maintained throughout the duration of the permit and the applicant's
use of the Village right-of-way.
(i)
Application processing and appeal.
(1)
Rejection for incompleteness. Notices of incompleteness shall
be provided in conformity with state, local, and federal law, including
47 CFR § 1.6003(d), as amended.
(2)
Processing timeline. Wireless permit applications [including
applications for other permits as provided for under Subsection (f)(2)g
necessary to place or modify the facility] and appeals will be processed
in conformity with the shot clocks set forth in state, local, and
federal law, as amended, and as specifically identified by the applicant
in their application/submittal.
(3)
Written decision. In the event that an application is denied
[or approved with conditions beyond the standard permit conditions
set forth in Subsection (g)(5)], the Administrator shall issue a written
decision with the reasons therefor, supported by substantial evidence
contained in a written record.
(4)
Appeal to Village Board. Any person adversely affected by the
decision of the Administrator may appeal that decision to the Village
Board which may decide the issues de novo, and whose written decision
will be the final decision of the Village. An appeal by a wireless
infrastructure provider must be taken jointly with the wireless service
provider that intends to use the wireless telecommunications facility.
(5)
Deadline to appeal.
a.
Appeals that involve eligible facilities requests must be filed
within three business days of the date of the written decision of
the Administrator.
b.
All other appeals not governed by Subsection (i)(5)a, above,
must be filed within 10 business days of the date of the written decision
of the Administrator, unless the Administrator extends the time therefor.
An extension may not be granted where extension would result in approval
of the application by operation of law.
(6)
Decision deadline. All appeals shall be conducted so that a
timely written decision may be issued in accordance with the applicable
shot clock.
(j)
Expiration and revocation.
(1)
Expiration. A wireless permit issued pursuant to an eligible
facilities request shall expire at the same time the permit for the
underlying existing wireless telecommunications facility expires.
All other wireless permits shall be valid for a period of five years
from the date of issuance. Upon expiration of the wireless permit,
the permit holder must either:
(2)
Revocation for breach. A wireless permit may be revoked for
failure to comply with the conditions of the permit or applicable
federal, state, or local laws, rules, or regulations. Upon revocation,
the wireless telecommunications facility must be removed within 30
days of receipt of written notice from the Village. All costs incurred
by the Village in connection with the revocation, removal, and right-of-way
restoration shall be paid by the permit holder.
(3)
Failure to obtain permit. Unless exempted from permitting by
Subsection (c)(2) of this section, a wireless telecommunications facility
installed without a wireless permit must be removed within 30 days
of receipt of written notice from the Village All costs incurred by
the Village in connection with the notice, removal, and right-of-way
restoration shall be paid by entities who own or control any part
of the wireless telecommunications facility.
(k)
Relocation. Except as otherwise prohibited by state or federal law,
a permit holder must promptly and at its own expense, with due regard
for seasonal working conditions, permanently remove and relocate any
of its wireless telecommunications facilities in the right-of-way
whenever the Village requests such removal and relocation. The Village
may make such a request to prevent the facility from interfering with
a present or future Village use of the right-of-way; a public improvement
undertaken by the Village; an economic development project in which
the Village has an interest or investment; when the public health,
safety, or welfare require it; or when necessary to prevent interference
with the safety and convenience of ordinary travel over the right-of-way.
Notwithstanding the foregoing, a permit holder shall not be required
to remove or relocate its facilities from any right-of-way that has
been vacated in favor of a nongovernmental entity unless and until
that entity pays the reasonable costs of removal or relocation to
the permit holder.
(l)
Abandonment.
(1)
Cessation of use. In the event that a permitted facility within
the right-of-way is not in use for a continuous period of 60 days
or longer, the permit holder must promptly notify the Village and
do one of the following:
a.
Provide information satisfactory to the Administrator that the
permit holder's obligations for its facilities under this section
have been lawfully assumed by another permit holder.
b.
Submit to the Administrator a proposal and instruments for dedication
of the facilities to the Village. If a permit holder proceeds under
this Subsection (l)(1)b, the Village may, at its option:
1.
Accept the dedication for all or a portion of the facilities;
2.
Require the permit holder, at its own expense, to remove the
facilities and perform the required restoration under Subsection (m);
or
3.
Require the permit holder to post a bond or provide payment
sufficient to reimburse the Village for reasonably anticipated costs
to be incurred in removing the facilities and undertaking restoration
under Subsection (m).
c.
Remove its facilities from the right-of-way within one year
of the date the facility went out of use and perform the required
restoration under Subsection (m), unless the Administrator waives
this requirement or provides a later deadline.
(2)
Abandoned facilities. Facilities of a permit holder who fails
to comply with Subsection (l)(1) above and which, for one year, remain
unused shall be deemed to be abandoned. Abandoned facilities are deemed
to be a nuisance. In addition to any remedies or rights it has at
law or in equity, the Village may, at its option:
(m)
Restoration. In the event that a permit holder removes or is required to remove a wireless telecommunications facility from the right-of-way under this section [or relocate it pursuant to Subsection (k)], the permit holder must leave the site in a safe and accessible condition immediately upon such removal and, within 30 days, permanently restore the right-of-way to its prior condition in accordance with Village specifications. However, a support structure owned by another entity authorized to maintain that support structure in the right-of-way need not be removed but must instead be restored to its prior condition. If the permit holder fails to make the immediate and/or permanent restorations required by this Subsection (m) (see above), the Village at its option may do such work. In that event, the permit holder shall reimburse the Village, within 30 days of billing therefor, the cost of restoring the right-of-way. In the event circumstances beyond the permit holder's control may prevent timely, permanent restoration of the right-of-way, the Village Zoning Administrator may, upon written request of the permit holder within 20 days of the facility removal, grant an extension to the deadline for permanent restoration.
(n)
Placement on Village owned or -controlled structures. The Village
may negotiate agreements for placement of wireless telecommunications
facilities on Village-owned or -controlled structures in the right-of-way.
The agreement shall specify, among any other terms the Village may
require to be negotiated or specified, the compensation to the Village
for use of the structures. The person or entity seeking the agreement
shall reimburse the Village for all costs the Village incurred in
connection with its review of and action upon the request for an agreement.
The Village requires that, upon approval to locate any facilities
or equipment upon any Village-owned structure in the right-of-way,
it shall become that permit holder's responsibility to maintain, repair,
replace, remove, reinstall such structure permanently thereafter as
needed and at the permit holder's sole expense.
(o)
Severability. If any section, subsection, clause, phrase, or portion
of this section is for any reason held to be illegal or otherwise
invalid by any court or administrative agency of competent jurisdiction,
such illegal or invalid portion shall be severable and shall not affect
or impair any remaining portion of this section, which shall remain
in full force and effect. Any permit(s) issued based on any rules
or orders that are later held to be unlawful may be terminated at
the sole discretion of the Village of Mukwonago Village Board.
[Added 3-18-2020 by Ord.
No. 976]
(b)
Small wireless facilities proposed to be located on private property in the Village of Mukwonago shall be subject to all of the same requirements as set forth in § 79-69 above except to the extent any such requirement is determined by the Village Zoning Administrator to be uniquely applicable to the location of the facility in the public right-of-way.
(c)
All new small wireless facilities' poles or posts and related equipment
shall be fabricated using all metal materials and shall be powder
coated in a bronze, brown, silver or black matte paint finish. Alternate
colors and/or materials, proposed in order to better coordinate with
the surrounding views, buildings or environment may be considered/approved
by review/action of the Village Zoning Administrator. To the extent
there may be existing, approved poles/equipment on the private property,
such as for lighting and utility services, the new wireless facilities'
poles, posts and related equipment may, at the discretion of the Village
Zoning Administrator, be required to match the existing not only as
to color and finish but also as to style/design.
(d)
Height. The height of small wireless facilities on private property
shall be regulated as follows:
(1)
Shall not exceed 50 feet in height; or
(2)
Shall not be more than 10% taller than other adjacent structures;
or
(3)
Shall not be extended to a height of more than 50 feet, or by
more than 10% above its preexisting height, whichever is greater,
as a result of the co-location of new antenna facilities.
[Added 3-18-2020 by Ord.
No. 976]
|
Deadline in Calendar Days
|
Type of Application
|
Federal or State Statutory or Regulatory Authority
|
|---|---|---|
|
60 days
|
Application to co-locate a small wireless facility on an existing
structure (including nontelecommunications structures)
|
47 CFR § 1.6003(c)(1)(i)
|
|
90 days
|
Application for small wireless facility involving construction
of new structure
|
47 CFR § 1.6003(c)(1)(iii)
|
|
90 days
|
Application to co-locate non-small wireless facility on an existing
structure
|
47 CFR § 1.6003(c)(1)(ii)
|
|
150 days
|
Application for a non-small wireless facility involving construction
of a new structure
|
47 CFR § 1.6003(c)(1)(iv)
|
|
60 days
|
Eligible facilities request to add, remove, or replace equipment
on an existing tower or base station that does not substantially change
the physical dimensions of the tower or base station
|
47 CFR § 1.6100(c)(2)
|
|
60 days
|
Applications to place a wireless telecommunications facility
|
W.S.A. § 182.017(9)
|
