[Added 9-28-2020 by Ord.
No. 13-2020]
The regulations of this article apply to mobile service facilities.
The regulations of this article are intended to regulate mobile
service facilities to the full extent allowed by Wis. Stats. § 66.0404
and other applicable laws. These regulations are not intended to regulate
or authorize the regulation of mobile service facilities in a manner
that is preempted or prohibited by Wis. Stats. § 66.0404
or other applicable laws.
The definitions of this section apply only in administering
and enforcing the wireless telecommunications regulations of this
article.
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:
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 collocation 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 village.
The area over which a mobile support structure is designed
to collapse.
Has the meaning given in 47 U.S.C. § 153(33), as
follows: 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 that 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 that authorizes any of the following activities
by an applicant:
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.
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
collocation.
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.
(a)
Applicability. The regulations of this section apply to the
siting and construction of new mobile service support structures and
facilities and substantial modifications of existing mobile service
support structures and facilities.
(b)
Application and Fee. The applicant must submit to the community
development director a written application, which must include all
of the following information. Applications for approval of a substantial
modification must describe the proposed modifications, rather than
the new structure.
(1)
The name and business address of, and the contact individual
for, the applicant.
(2)
The subject property owner.
(3)
The location of the proposed tower.
(4)
The location of the mobile service facility.
(5)
A construction plan that 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.
(6)
An explanation of why the applicant chose the proposed location,
and why the applicant did not choose collocation, including a sworn
statement from the responsible party attesting that collocation 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.
(7)
The application must be accompanied by the fee established 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 will also be charged to the applicant. Such fee must be established
by resolution of the Village Board and may not exceed the limits established
by Wis. Stats. § 66.0404(4)(d).
(c)
Determination of Completeness. The Community Development Director
must review the application and determine whether the application
is complete. The Community Development Director must notify the applicant
of the determination within 10 days of receiving the application.
If the application is found to be incomplete, such notice must specify
in detail the missing information. Applicants are allowed to resubmit
their applications as often as necessary to provide the required information.
(d)
Review Procedure. Applications for new wireless telecommunications
mobile service facilities and substantial modifications of existing
facilities must be reviewed pursuant to the procedures set forth below:
(1)
After determining that an application is complete, the Community
Development Director determines must forward the application to the
Plan Commission for review. The Plan Commission must forward its recommendation
to the Village Board for a public hearing on the matter.
(2)
Notice of the Village Board's public hearing must be published
by the Clerk-Treasurer as a Class I notice. The Clerk-Treasurer must
also provide by first-class mail a copy of the public hearing notice
to all owners of record of real property located within 300 feet of
the property for which approval is sought.
(3)
Approval of a new wireless telecommunications mobile service
facility or a substantial modification of an existing facility may
not be granted unless the tower is located so that there is sufficient
radius of clear land around the tower so that its collapse will be
completely contained on the subject property. If an applicant provides
the Village with engineering certification showing that the tower
is designed to collapse within a smaller area than the radius equal
to the height of the tower, the smaller area must be used unless the
Village has and provides the applicant substantial evidence that the
engineering certification is flawed.
(4)
All facilities must comply with all applicable state and federal
regulations.
(e)
Public Hearing and Decision.
(1)
The Village Board must make a decision on the application for
a new wireless telecommunications mobile service facility or a substantial
modification of an existing facility within 90 days of a completed
application unless the time is extended by the applicant.
(2)
The decision must be in writing and a copy of the decision must
be made a permanent part of the Village records. If approval is not
granted, the reasons for disapproval must be included in such record.
(3)
An official record of the decision must be prepared by the Community
Development Director. The official record must include a description
of the use for which the approval is granted and all conditions attached
to such approval as well as a copy of the resolution of the Village
Board approving the application. A copy of the completed form must
be recorded with County Recorder of Deeds as a covenant on the title
for the premises for which the approval was granted.
(f)
Conditions of Approval. 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 Village Board upon a finding that
such conditions are necessary to fulfill the purpose and intent of
this section.
(g)
Limitations on Authority. The Village's review and action on
applications for new wireless telecommunications mobile service facilities
or substantial modifications of existing facilities are subject to
the limitations imposed by Wis. Stats. § 66.0404(4). If
the applicant believes the Village has exceeded its authority in this
regard, the applicant must notify the Village Board in writing, in
which case the Village Board reserves the right to reconsider the
matter, to ensure that applicable laws are followed.
(a)
General. Nonsubstantial changes, additions or other modifications
to an existing mobile service support structure or mobile service
facility are subject to the requirements of this section. The application
together with applicable fees must be submitted to the Community Development
Director, who must review the application determine whether the changes,
additions, or other modifications shown on the application constitute
a nonsubstantial modification.
(b)
Application Information. The applicant must submit a written
application that describes the applicant's basis for concluding that
the modification is not substantial, and all of the following information:
(c)
Determination of Completeness. The Community Development Director
must review the application and determine whether the application
is complete. The Community Development Director must notify the applicant
of the determination within five days of receiving the application.
If the application is found to be incomplete, such notice must specify
in detail the missing information. Applicants are allowed to resubmit
their applications as often as necessary to provide the required information.
(d)
Decision. The Community Development Director must make a decision
on the application within a reasonable time after receipt of the completed
application and no later than 45 days after receipt of the completed
application unless the time is extended by the applicant. The decision
must be in writing and a copy of the decision must be made a permanent
part of the Village records. If approval is not granted, the reasons
for disapproval must be included in such record.
(e)
Limitations on Authority. The Village's review and action on
applications for nonsubstantial modifications of existing facilities
are subject to the limitations imposed by Wis. Stats. § 66.0404(4).
If the applicant believes the Village has exceeded its authority in
this regard, the applicant must notify the Village Board in writing,
in which case the Village Board reserves the right to reconsider the
matter or to direct the community development director to reconsider
the matter, to ensure that applicable laws are followed.
