A.
Purpose. In order to secure uniformity and compliance with Federal
Communications Commission rules (FCC 96-328) on over-the-air reception
devices implementing Section 207 of the Telecommunications Act of
1996, this section regulating the placement of signal-receiving antennas
and over-the-air reception devices is adopted to:
(1)
Provide uniform regulation where necessary of all signal-receiving
antenna devices;
(2)
Secure placement of such antennas in an aesthetically sensitive manner
while allowing users reasonable reception of signals;
(3)
Preserve the integrity of historic preservation districts;
(4)
Protect the public from injury from roof-mounted antennas that are
inadequately mounted, unduly susceptible to wind pressure, improperly
installed and wired, or are placed on structures insufficiently designed
or constructed to safely support the roof-mounted antenna; and
(5)
Provide for placement of such antennas in locations that preserve
access to rear property areas by firefighting apparatus and emergency
personnel.
B.
OWNER
SIGNAL-RECEIVING ANTENNA
Definitions. As used in this section, the following terms shall have
the meanings indicated:
The holder of record of an estate in possession in fee simple,
or for life, in land or real property, or a vendee of record under
a land contract for the sale of an estate in possession in fee simple
or for life but does not include the vendor under a land contract.
A tenant in common or joint tenant shall be considered such owner
to the extent of his/her interest. The personal representative of
at least one owner shall be considered an owner.
Any outdoor apparatus capable of receiving communications
from a transmitter or a transmitter relay located in a planetary orbit.
This definition includes all types of signal-receiving antennas and
over-the-air reception devices, including, without limitation, parabolic
antennas, home earth stations, satellite television disks, UHF and
VHF television antennas, and AM, FM, ham and short-wave radio antennas,
regardless of the method of mounting.
C.
Limited permit requirement.
(1)
No owner shall, within the Village of Sullivan, build, construct,
use or place any type of signal-receiving antenna or over-the-air
reception device that is roof-mounted or proposed to be located in
a designated historic preservation district until a permit shall have
first been obtained from the Zoning Administrator.
(2)
Application for a signal-receiving antenna permit, when required under Subsection C(1), shall be made in writing to the Zoning Administrator. With such application, there shall be submitted a sufficient set of mounting plans and specifications to allow a determination to be made that the device can be safely roof-mounted or, in the case of a historic preservation district, can be located in such a manner as to not seriously detract from the historic character of the district. There is no fee for such permit. If such application meets the requirements of this section, the application shall be approved.
E.
Installation standards. Signal-receiving antennas installed in any
zoning district within the Village shall comply with the following
provisions:
(1)
Setbacks.
(a)
Any signal-receiving antenna and its mounting post shall be
located a minimum of five feet from any side or rear property line.
The purpose of setback regulations is to protect the aesthetics of
the area and to preserve adequate access for emergency equipment and
personnel.
(b)
Subject to the provisions herein, signal-receiving antennas shall only be located in the rear yard of any lot. If reasonable reception of signals is not possible with a rear yard placement due to the physical characteristics of the lot and area, the signal-receiving antenna shall be placed in the side yard of the lot. In the event that reasonable reception of signals is not possible by locating the signal-receiving antenna on the rear or side yard of the property, such antenna may be placed in the front yard or on the roof of structures on the property following compliance with Subsection C above. For corner lots, a side yard is only a yard that does not face a street.
(c)
If side yard, front yard or roof mounting is requested, the
Zoning Board of Appeals shall determine where reasonable reception
is possible, based on evidence provided by the person seeking to erect
or construct the antenna.
(2)
Mounting. Signal-receiving antennas attached to the roof of any principal
or accessory structure shall be permitted only if the structure is
properly constructed to carry all imposed loading and complies with
applicable state and local building code requirements.[1] The Zoning Administrator may require engineering calculations.
(3)
Diameter. The diameter of the signal-receiving antenna shall not
exceed 12 feet for the ground-mounted antenna and 10 feet for the
roof-mounted antenna, except for stations used to provide community
antenna television services.
(4)
Height. A ground-mounted signal-receiving antenna, including any
platform or structure upon which said antenna is mounted or affixed,
may not exceed 14 feet in height, as measured from the ground to the
highest point of the dish.
(5)
Roof-mounted antennas.
(a)
In all residential zoning districts, roof-mounted antennas shall
only be permitted subject to the provisions contained herein:
(b)
In the commercial and industrial zoning districts, earth station
dish antennas shall not extend more than 20 feet above the height
limit established for the district in which the structure is located.
(6)
Wind pressure. All signal-receiving antennas shall be permanently
mounted in accordance with the manufacturer's specifications for installation.
All such installations shall meet a minimum wind load design velocity
of 80 mph.
(7)
Electrical installations. To safeguard public safety, electrical
installations in connection with signal-receiving antennas, including
grounding of the system, shall be in accordance with the National
Electrical Safety Code, Wisconsin State Electrical Code and the instructions
of the manufacturer. In cases of conflict, the stricter requirements
shall govern. All cable used to conduct current or signals from the
signal-receiving antenna to the receivers shall be installed underground
unless installation site conditions preclude underground installation.
If a signal-receiving antenna is to be used by two or more residential
property owners, all interconnecting electrical connections, cables
and conduits must also be buried. The location of all such underground
lines, cables and conduits shall be shown on the application for a
permit. All signal-receiving antennas shall be grounded against direct
lightning strikes.
(8)
Temporary placement. No portable or trailer-mounted signal-receiving
antenna shall be allowed, except for temporary installation for on-site
testing and demonstration purposes for periods not exceeding five
days. However, such trial placement shall be in accordance with all
provisions of this section.
(9)
Advertising. No form of advertising or identification, sign or mural
is allowed on the signal-receiving antenna other than the customary
manufacturer's identification plates.
(10)
Interference with broadcasting. Signal-receiving antennas shall
be filtered and/or shielded so as to prevent the emission or reflection
of an electromagnetic radiation that would cause any harmful interference
with the radio and/or television broadcasting or reception on adjacent
properties. In the event that harmful interference is caused subsequent
to its installation, the owner of the signal-receiving antenna shall
promptly take steps to eliminate the harmful interference in accordance
with Federal Communications Commission regulations.
(11)
Compliance with federal regulations. The installation and use
of every signal-receiving antenna shall be in conformity with the
Federal Cable Communications Policy Act of 1984 and regulations adopted
thereunder, including Federal Communications Commission rules.
(12)
Aesthetic considerations. Signal-receiving antennas shall be
located and designed to reasonably reduce visual impact from surrounding
properties at street level.
F.
Enforcement.
(1)
It shall be unlawful to construct, use, build or locate any signal-receiving
antenna in violation of any provisions of this section. In the event
of any violation, the Village Board, a Village enforcement official,
or any property owner who would be specifically damaged by such violation
may institute appropriate action or proceedings to enjoin a violation
of this section.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. III)]
A.
The Village proposes to promote the safety, health and general welfare
of the citizens of the Village of Sullivan by providing for the effective
regulation of wind energy system facilities under the authority granted
by the Wisconsin Statutes.
B.
All applicable rules, regulations, and laws as set forth in §§ 59.69,
66.0401, and 66.403, Wis. Stats., and Ch. PSC 128, Wis. Adm. Code,
are hereby adopted by reference and made a part of this chapter as
if fully set forth herein.
C.
WIND ENERGY SYSTEMS
Definitions. As used in this article, the following terms shall have
the meanings indicated:
Windmills which are used to produce electrical or mechanical
power.
D.
No owner shall, within the Village of Sullivan, build, construct,
use or place any type or kind of wind energy system without holding
the appropriate conditional use permit for said system. A wind energy
system conditional use permit may only be granted in a B-3 or I-1
District.
E.
Separate permit required for each system. A separate conditional
use permit shall be required for each system. Said permit shall be
applicable solely to the systems, structures, use and property described
in the permit.
F.
Basis of approval. The Village Board shall base its determinations
on general considerations as to the effect of such grant on the health,
general welfare, safety and economic prosperity of the Village and,
specifically, of the immediate neighborhood in which such use would
be located, including such considerations as the effect on the established
character and quality of the area, its physical attractiveness, the
movement of traffic, the demand for related services, the possible
hazardous, harmful, noxious, offensive or nuisance effect as a result
of noise, dust, smoke or odor and such other factors as would be appropriate
to carry out the intent of this chapter.
A.
Application. The permit application for a wind energy system shall
be made to the Zoning Administrator on forms provided by the Village
of Sullivan. The application shall include the following information:
(1)
The name and address of the applicant.
(2)
The address of the property on which the system will be located.
(3)
Applications for the erection of a wind energy conversion system
shall be accompanied by a plat or survey for the property to be served
showing the location of the generating facility and the means by which
the facility will provide power to structures. If the system is intended
to provide power to more than one premises, the plat or survey shall
show all properties to be served and the means of connection to the
wind energy conversion system. A copy of all agreements with system
users off the premises shall accompany the application. The application
shall further indicate the level of noise to be generated by the system
and provide assurances as to the safety features of the system. Energy
easements shall accompany the application.
(4)
An accurate and complete written description of the use for which
special grant is being requested, including pertinent statistics and
operational characteristics.
(5)
Plans and other drawings showing proposed development of the site
and buildings, including landscape plans, location of parking and
service areas, driveways, exterior lighting, type of building material,
etc., if applicable.
(6)
Any other information which the Zoning Administrator, Village Board
or Building Inspector may deem to be necessary to the proper review
of the application.
(7)
The Zoning Administrator shall review the application and, if the
application is complete and contains all required information, shall
refer it to the Village Board.
B.
Hearing. Upon referral of the application, the Village Board shall schedule a public hearing thereof following the procedures for conditional use permits in Article IV.
C.
Determination. Following public hearing and necessary study and investigation,
the Village Board shall, as soon as practical, render its decision
and a copy be made a permanent part of the Board's minutes. Such decision
shall include an accurate description of the special use permitted,
of the property on which permitted, and any and all conditions made
applicable thereto, or, if disapproved, shall indicate the reasons
for disapproval. The Village Board may impose any conditions or exemptions
necessary to minimize any burden on the persons affected by granting
the special use permit.
D.
Termination. When a special use does not continue in conformity with
the conditions of the original approval, or where a change in the
character of the surrounding area or of the use itself cause it to
be no longer compatible with surrounding areas, or for similar cause
based upon consideration for the public welfare, the special grant
may be terminated by action of the Village Board following a public
hearing thereon.
E.
Changes. Subsequent change or addition to the approved plans or use
shall first be submitted for approval to the Village Board and if,
in the opinion of the Village Board, such change or addition constitutes
a substantial alteration, a public hearing before the Village Board
shall be required and notice thereof be given.
F.
Approval does not waive permit requirements. The approval of a permit
under this article shall not be construed to waive the requirement
to obtain electrical, building or plumbing permits prior to installation
of any system.
A.
Additional standards. Wind energy conversion systems, commonly referred
to as "windmills," which are used to produce electrical power, shall
also satisfy the requirements of this section in addition to those
found elsewhere in this article.
B.
Application. Applications for the erection of a wind energy conversion
system shall be accompanied by a plat or survey for the property to
be served showing the location of the generating facility and the
means by which the facility will provide power to structures. If the
system is intended to provide power to more than one premises, the
plat or survey shall show all properties to be served and the means
of connection to the wind energy conversion system. A copy of all
agreements with system users off the premises shall accompany the
application. The application shall further indicate the level of noise
to be generated by the system and provide assurances as to the safety
features of the system. Energy easements shall accompany the application.
C.
Construction. Wind energy conversion systems shall be constructed
and anchored in such a manner to withstand wind pressure of not less
than 40 pounds per square foot in area.
D.
Noise. The maximum level of noise permitted to be generated by a
wind energy conversion system shall be 50 decibels, as measured on
a dB(A) scale, measured at the lot line.
E.
Electromagnetic interference. Wind energy conversion system generators
and alternators shall be filtered and/or shielded so as to prevent
the emission of radio-frequency energy that would cause any harmful
interference with radio and/or television broadcasting or reception.
In the event that harmful interference is caused subsequent to the
granting of a conditional use permit, the operator of the wind energy
conversion system shall promptly take steps to eliminate the harmful
interference in accordance with Federal Communications Commission
regulations.
F.
Location and height. Wind energy conversion systems shall be located
in the rear yard only and shall meet all setback and yard requirements
for the district in which they are located and, in addition, shall
be located not closer to a property boundary than a distance equal
to their height. Wind energy conversion systems are exempt from the
height requirements of this chapter; however, all such systems over
75 feet in height shall submit plans to the Federal Aviation Administration
(FAA) to determine whether the system is to be considered an object
affecting navigable air space and subject to FAA restrictions. A copy
of any FAA restrictions imposed shall be included as a part of the
wind energy conversion system conditional use permit application.
G.
Fence required. All wind energy conversion systems shall be surrounded
by a security fence not less than six feet in height. A sign shall
be posted on the fence warning of high voltages.
H.
Utility company notification. The appropriate electric power company
shall be notified, in writing, of any proposed interface with that
company's grid prior to installing said interface. Copies of comments
by the appropriate utility company shall accompany and be part of
the application for a conditional use permit.
A.
Title; purpose; authority.
(1)
Title. This section is entitled the "Village of Sullivan Mobile Tower
Siting Ordinance."
(2)
Purpose. The purpose of this section is to regulate by zoning permit:
(a)
The siting and construction of any new mobile service support
structure and facilities;
(b)
With regard to a Class I co-location, the substantial modification
of an existing support structure and mobile service facilities; and
(c)
With regard to a Class II co-location, co-location on an existing
support structure which does not require the substantial modification
of an existing support structure and mobile service facilities.
(3)
Authority. The Village of Sullivan Village Board has the specific
authority under §§ 62.23 and 66.0404, Wis. Stats.,
to adopt and enforce this section.
B.
ANTENNA
BUILDING PERMIT
CLASS 1 CO-LOCATION
CLASS 2 CO-LOCATION
CO-LOCATION
DISTRIBUTED ANTENNA SYSTEM
EQUIPMENT COMPOUND
EXISTING STRUCTURE
FALL ZONE
MOBILE SERVICE
MOBILE SERVICE FACILITY
MOBILE SERVICE PROVIDER
MOBILE SERVICE SUPPORT STRUCTURE (TOWER)
PERMIT
PUBLIC UTILITY
SEARCH RING
SUBSTANTIAL MODIFICATION
(1)
(2)
(3)
(4)
SUPPORT STRUCTURE
UTILITY POLE
Definitions. The following definitions shall be applicable in this
section:
Communications equipment that transmits and receives electromagnetic
radio signals and is used in the provision of mobile services.
A permit issued by the Village that authorizes an applicant to conduct construction activity that is consistent with Chapter 173, Building Construction, of the Village 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.
The area over which a mobile support structure is designed
to collapse.
Has the meaning given in 47 U.S.C. § 153(33).
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 planned 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 the Village, which authorizes any of the following activities by
an applicant:
Has the meaning given in § 196.01(5), Wis. Stats.
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
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 telecommunication
utility, as defined in § 196.01(1d), Wis. Stats.; public
utility, as defined in § 196.01(5), Wis. Stats.; telecommunication
utility, as defined in § 196.01(10), Wis. Stats.; political
subdivision or cooperative association organized under Ch. 185, Wis.
Stats.; and that is designed specifically for and used to carry lines,
cables, or wires for telecommunication service, as defined in § 182.017(1g)(cq),
Wis. Stats.; for video service, as defined in § 66.0420(2)(y),
Wis. Stats.; for electricity; or to provide light.
C.
Siting and construction of any new mobile service support structure
and facilities; regulation limitations.
(1)
Application process.
(a)
A Village zoning permit is required for the siting and construction
of any new mobile service structure and facilities. The siting and
construction of any new mobile service support structure and facilities
is a conditional use in the Village obtainable with this permit through
the conditional use permit process.
(b)
A written permit application shall be completed by the applicant
and submitted to the Village Clerk-Treasurer. The application shall
contain, at a minimum, the following information:
[1]
The name and business address of, and the contact individual
for, the applicant; applicable telephone number(s), fax number, and
email address, shall be provided.
[2]
The location of the proposed or affected support structure.
[3]
The location of the proposed mobile service facility.
[4]
If the application is to substantially modify an existing support
structure, a construction plan which describes the proposed modifications
to the support structure and the equipment and network components,
including antennas, transmitters, receivers, base stations, power
supplies, cabling, and related equipment associated with the proposed
modifications.
[5]
If the application is to construct a new mobile service support
structure, a construction plan which describes the proposed mobile
service support structure and the equipment and network components,
including antennas, transmitters, receivers, base stations, power
supplies, cabling, and related equipment to be placed on or around
the new mobile service support structure.
[6]
If an application is to construct a new mobile service support
structure, an explanation as to why the applicant chose the proposed
location and why the applicant did not choose co-location, including
a sworn statement from an individual who has responsibility over the
placement of the mobile service support structure attesting that co-location
within the applicant's search ring would not result in the same mobile
service functionality, coverage, and capacity; is technically infeasible;
or is economically burdensome to the mobile service provider.
(c)
A permit application will be provided by the Village upon request
to any applicant, or, in the alternative, the applicant can provide
the required information in the form of correspondence or report with
supporting documentation.
(d)
If an applicant submits to the Village an application for conditional
use and zoning permits to engage in an activity described in this
section, which contains all of the information required under this
section, the Village shall consider the application complete. If the
Village determines that the application is incomplete, the Village
shall notify the applicant in writing, within 10 days of receiving
the application, that the application is not complete. The written
notification shall specify in detail the required information that
was incomplete. An applicant may resubmit an application as often
as necessary until it is considered complete.
(e)
Within 90 days of its receipt of a complete application, the
Village shall complete all of the following or the applicant may consider
the application approved, except that the applicant and the Village
may agree in writing to an extension of the ninety-day period:
[1]
Review the application to determine whether it complies with all applicable aspects of Chapter 173, Building Construction, of the Village Code, and, subject to the limitations in this section, provisions of this chapter.
[2]
Make a final decision whether to approve or disapprove the application.
[3]
Notify the applicant, in writing, of its final decision.
[4]
If the decision is to disapprove the application, include with
the written notification substantial evidence which supports the decision.
(f)
The Village may disapprove an application if an applicant refuses to evaluate the feasibility of co-location within the applicant's search ring and provide the sworn statement under Subsection C(1)(b)[6].
(g)
If the applicant provides the Village with an engineering certification
showing that a mobile service support structure, or an existing structure,
is designed to collapse within a smaller area than the setback or
fall zone area required in this chapter, that provision does not apply
to such a structure unless the Village provides the applicant with
substantial evidence that the engineering certification is flawed.
(2)
Regulatory and application limitations. With regard to the siting
and construction of a new mobile service support structure/facilities,
the substantial modification of an existing support structure and
mobile service facility as part of a Class 1 co-location, or a Class
2 co-location, the Village, pursuant to § 66.0404(4), Wis.
Stats., shall not:
(a)
Impose environmental testing, sampling, or monitoring requirements,
or other compliance measures for radio frequency emissions, on mobile
service facilities or mobile radio service providers.
(b)
Enact a moratorium ordinance on the permitting, construction,
or approval of any such activities.
(c)
Enact an ordinance regulation prohibiting the placement of a
mobile service support structure in particular locations within the
Village.
(d)
Charge a mobile radio service provider a fee in excess of the
amounts prescribed in § 66.0404(4)(d), Wis. Stats.
(e)
Charge a mobile radio service provider any recurring fee for
an activity described in § 66.0404(2)(a), Wis. Stats., or
a Class 2 co-location.
(f)
Permit third-party consultants to charge the applicant for any
travel expenses incurred in the consultant's review of mobile service
permits or applications.
(g)
Disapprove of an application to conduct an activity described
in § 66.0404(2)(a), Wis. Stats., based solely on aesthetic
concerns.
(h)
Disapprove an application to conduct a Class 2 co-location on
aesthetic concerns.
(i)
Enact or enforce a Village ordinance related to radio frequency
signal strength or the adequacy of mobile service quality.
(j)
Impose a surety requirement, unless the requirement is competitively
neutral, nondiscriminatory, and commensurate with the historical record
for surety requirements for other facilities and structures in the
Village which fall into disuse. [Note: Per § 66.0404(4)(i),
Wis. Stats., there is a rebuttable presumption that a surety requirement
of $20,000 or less complies with this subsection.]
(k)
Prohibit the placement of emergency power systems.
(l)
Require that a mobile service support structure be placed on
property owned by the political subdivision.
(m)
Disapprove an application based solely on the height of the
mobile service support structure or on whether the structure requires
lighting.
(n)
Condition approval of such activities on the agreement of the
structure or mobile service facility owner to provide space on or
near the structure for the use of or by the Village at less than market
rate or provide the Village other services via the structure or facilities
at less than the market rate.
(o)
Limit the duration of any permit that is granted.
(p)
Require an applicant to construct a distributed antenna system
instead of either constructing a new mobile service support structure
or engaging in co-location.
(q)
Disapprove an application based on an assessment by the Village
of the suitability of other locations for conducting the activity.
(r)
Require that a mobile service support structure, existing structure,
or mobile service facilities have or be connected to backup battery
power.
(s)
Impose a setback or fall zone requirement for a mobile service
support structure that is different from a requirement that is imposed
on other types of commercial structures.
(u)
Consider an activity a substantial modification under Subsection (3) of the definition of "substantial modification" in § 485-81B above if a greater protrusion is necessary to shelter the antenna from increment weather or to connect the antenna to the existing structure by cable.
(v)
Limit the height of a mobile support structure to under 200
feet.
(w)
Condition the approval of an application on, or otherwise require,
the applicant's agreement to indemnify or insure the Village in connection
with the Village's exercise of its authority to approve the application.
(x)
Condition the approval of an application on, or otherwise require,
the applicant's agreement to permit the Village to place at or collocate
with the applicant's support structure any mobile service facilities
provided or operated by, whether in whole or in part, the Village
or an entity in which the Village or other political subdivision has
a governance, competitive, economic, financial or other interest.
D.
Class 1 co-location.
(1)
Application process.
(a)
A zoning permit is required for a Class 1 co-location. A Class
1 co-location is a conditional use in the Village obtainable with
this permit through the conditional use process of this chapter.
(b)
A written permit application shall be completed by the applicant
and submitted to the Village. The application must contain, at a minimum,
the following information:
[1]
The name and business address of, and the contact individual
for, the applicant; applicable telephone number(s), fax number, and
email address shall be provided.
[2]
The location of the proposed or affected support structure.
[3]
The location of the proposed mobile service facility.
[4]
If the application is to substantially modify an existing support
structure, a construction plan which describes the proposed modifications
to the support structure and the equipment and network components,
including antennas, transmitters, receivers, base stations, power
supplies, cabling, and related equipment associated with the proposed
modifications.
[5]
If the application is to construct a new mobile service support
structure, a construction plan which describes the proposed mobile
service support structure and the equipment and network components,
including antennas, transmitters, receivers, base stations, power
supplies, cabling, and related equipment to be placed on or around
the new mobile service support structure.
[6]
If an application is to construct a new mobile service support
structure, an explanation as to why the applicant chose the proposed
location and why the applicant did not choose co-location, including
a sworn statement from an individual who has responsibility over the
placement of the mobile service support structure attesting that co-location
within the applicant's search ring would not result in the same mobile
service functionality, coverage, and capacity; is technically infeasible;
or is economically burdensome to the mobile service provider.
(c)
A permit application will be provided by the Village upon request
to any applicant or, in the alternative, the applicant can provide
the required information in the form of correspondence or report with
supporting documentation.
(d)
If an applicant submits to the Village an application for a
permit to engage in an activity described in this section, which contains
all of the information required under this section, the Village shall
consider the application complete. If the Village does not believe
that the application is complete, the Village shall notify the applicant
in writing, within 10 days of receiving the application, that the
application is not complete. The written notification shall specify
in detail the required information that was incomplete. An applicant
may resubmit an application as often as necessary until it is complete.
(e)
Within 90 days of its receipt of a complete application, the
Village shall complete all of the following or the applicant may consider
the application approved, except that the applicant and the Village
may agree in writing to an extension of the ninety-day period:
[1]
Review the application to determine whether it complies with all applicable aspects of Chapter 173, Building Construction, of the Village Code, and, subject to the limitations of this section, this chapter.
[2]
Make a final decision whether to approve or disapprove the application.
[3]
Notify the applicant, in writing, of its final decision.
[4]
If the decision is to disapprove the application, include with
the written notification substantial evidence which supports the decision.
(f)
The Village may disapprove an application if an applicant refuses to evaluate the feasibility of co-location within the applicant's search ring and provide the sworn statement described under Subsection D(1)(b)[6].
(g)
If an applicant provides the Village with an engineering certification
showing that a mobile service support structure, or an existing structure,
is designed to collapse within a smaller area than the setback or
fall zone area required in this chapter, that provision does not apply
to such a structure unless the Village provides the applicant with
substantial evidence that the engineering certification is flawed.
E.
Class 2 co-location.
(1)
Application process.
(a)
A Village zoning permit is required for a Class 2 co-location.
A Class 2 co-location is a permitted use in the Village but still
requires the issuance of Village building permits.
(b)
A written permit application shall be completed by the applicant
and submitted to the Village. The application must contain, at a minimum,
the following information:
(c)
A permit application will be provided by the Village upon request
to any applicant, or in the alternative, the applicant can provide
the required information in the form of correspondence or report with
supporting documentation.
(d)
Per Chapter 173, Building Construction, of the Village Code, a Class 2 co-location is also subject to the same requirements for the issuance of a building permit to which any other type of commercial development/construction or land use development is subject.
(e)
If an applicant submits to the Village an application for a
permit to engage in an activity described in this section which contains
all of the information required under this section, the Village shall
consider the application complete. If any of the required information
is not in the application, the Village shall notify the applicant
in writing, within five days of receiving the application, that the
application is not complete. The written notification shall specify
in detail the required information that was incomplete. An applicant
may resubmit an application as often as necessary until it is complete.
(f)
Within 45 days of its receipt of a complete application, the
Village shall complete all of the following or the applicant may consider
the application approved, except that the applicant and the Village
may agree in writing to an extension of the forty-five-day period:
[1]
Make a final decision whether to approve or disapprove the application.
[2]
Notify the applicant, in writing, of its final decision.
[3]
If the application is approved, issue the applicant the relevant
permit.
[4]
If the decision is to disapprove the application, include with
the written notification substantial evidence which supports the decision.
F.
Penalty provisions. Any person, partnership, corporation or other legal entity that fails to comply with the provisions of this section shall, upon conviction, be subject to the penalties and/or forfeitures prescribed in § 485-93, plus applicable surcharges, assessments, and costs for each violation. Each day a violation exists or continues constitutes a separate offense under this section. In addition, the Village of Sullivan may seek injunctive relief from a court of record to enjoin further violations.
