[Amended 11-5-2014 by Ord. No. 2014-14]
A. Statement of purpose. The purpose of this ordinance is to provide
a regulatory scheme for the construction and operation of wind energy
systems in the Town of Cedarburg, Ozaukee County, Wisconsin. This
ordinance is adopted pursuant to § 66.0401, Wis. Stats.,
and Ch. PSC 128, Wis. Adm. Code, and pursuant to the Town's general
police powers. All regulations contained herein are adopted to preserve
and protect the public health and safety.
B. Definitions. The following definitions shall be used for the purpose
of this section:
SMALL WIND ENERGY SYSTEM
A wind energy system that has a total installed nameplate
capacity of 300 kilowatts or less and that consists of individual
wind turbines that have an installed nameplate capacity of not more
than 100 kilowatts.
WIND ENERGY SYSTEM
Has the meaning given in § 66.0403(1)(m), Wis.
Stats., and is used to convert wind energy to electrical energy.
OTHER DEFINITIONS
The remaining definitions set forth in § PSC 128.01,
Wis. Adm. Code, are incorporated by reference as though fully set
forth herein.
C. Permit required. No wind energy system may be installed, constructed
or expanded in the Town without a wind energy system permit granted
pursuant to this ordinance.
D. Application. Every application for a wind energy system permit shall
be made in writing accompanied by the fees required by this ordinance
and shall include the following information:
(1)
Wind energy system description and maps showing the locations
of all proposed wind energy facilities.
(2)
Technical description of wind turbines and wind turbine sites.
(3)
Timeline and process for constructing the wind energy system.
(4)
Information regarding anticipated impact of the wind energy
system on local infrastructure.
(5)
Information regarding noise anticipated to be attributable to
the wind energy system including options considered to eliminate noise,
GIS maps showing noise levels surrounding wind turbines, computer
modeling of noise impacts, information on ground absorption coefficients
used to model noise, measures used to address low frequency noise
and infrasound, and any other information necessary for the Town to
assess noise impacts.
(6)
Information regarding shadow flicker anticipated to be attributable
to the wind energy system including alternate turbine locations considered
by the applicant that would eliminate shadow flicker, GIS maps showing
shadow flicker zones for each turbine, shadow flicker computer monitoring
results, and any other information necessary for the Town to assess
shadow flicker impacts.
(7)
Information regarding the anticipated effects of the wind energy
system on existing land uses within 0.5 mile of the wind energy system.
(8)
Information regarding the anticipated effects of the wind energy
system on airports and air space.
(9)
Information regarding the anticipated effects of the wind energy
system on line-of-sight communications.
(10)
A list of all state and federal permits required to construct
and operate the wind energy system, copies of all correspondence with
state and federal agencies, statements as to whether each permit has
been approved or denied, and, for those permits that have not yet
been obtained, the anticipated timeline for obtaining the permit.
(11)
Information regarding the planned use and modification of roads
within the Town during the construction, operation, and decommissioning
of the wind energy system, including a process for assessing road
damage caused by wind energy system activities and for conducting
road repairs at the owner's expense.
(12)
A copy of all emergency plans developed in collaboration with
appropriate first responders under § PSC 128.18(4)(b), Wis.
Adm. Code. An owner may file plans using confidential filing procedures
as necessary.
(13)
A decommissioning and site restoration plan providing reasonable
assurances that the owner will be able to comply with § PSC
128.19, Wis. Adm. Code.
(14)
A representative copy of all notices issued under § 323-7
of this chapter and §§ PSC 128.105(1)(a) and 128.42(1),
Wis. Adm. Code.
(15)
Certification that the preapplication notice requirements of
§ PSC 128.105(1), Wis. Adm. Code, were met, including a
list of all landowners who received pre-application notices under
§ PSC 128.105(1)(a), Wis. Adm. Code, and the date that the
landowners were provided pre-application notices.
(16)
Information regarding any additional turbines that may be added
to the project in the future.
(17)
Copies of all correspondence to or from Town residents.
(18)
Any other information necessary to understand the construction,
operation or decommissioning of the proposed wind energy system.
E. Accuracy of information. The owner shall certify that the information
contained in an application is accurate. The Town may reject or deny
the application if it contains false, misleading, or inaccurate information.
F. Duplicate copies. The applicant shall file an original and three
copies of the application with the Town. One copy shall be an electronic
copy. Each copy shall include, but is not limited to, all worksheets,
maps, and other attachments included in the application.
G. Notice to property owners and residents.
(1)
On the same day an owner files an application for a wind energy
system, the owner shall, under § 66.0401(4)(a)3., Wis. Stats.,
use commercially reasonable methods to provide written notice of the
filing of the application to property owners and residents located
within one mile of the proposed location of any wind energy system
facility. At the same time, a copy of the written notice shall be
provided to the Town. The notification shall include all of the following:
(a)
A complete description of the wind energy system, including
the number and size of the wind turbines.
(b)
A map showing the locations of all proposed wind energy system
facilities.
(c)
The proposed timeline for construction and operation of the
wind energy system.
(d)
Locations where the application is available for public review.
(e)
Owner contact information.
(2)
After the Town receives an application for a wind energy system,
the Town shall publish the notice required by § 66.0401(4)(a)(1),
Wis. Stats., which shall include a brief description of the proposed
wind energy system and its proposed location, the locations where
the application is available for public review, the method and time
period for the submission of public comments to the Town, and the
approximate schedule for review of the application by the Town.
H. Public participation.
(1)
The Town shall make a copy of an application for a wind energy
system available for public review at a local library and at the Town
Hall or location where the Town maintains records for public access,
and it may make an application available on the Town website.
(2)
The Town shall accept written public comments on an application for a wind energy system filed with the Town Clerk and shall make them part of the record at the public hearing held pursuant to Subsection
C.
(3)
The Town shall hold at least one public meeting to obtain comments
on and to inform the public about a proposed wind energy system.
I. Joint application review process. If a wind energy system is proposed
to be located in the Town and at least one other municipality with
jurisdiction over the wind energy system, the Town may participate
in the joint application review process set forth in § PSC
128.30(7), Wis. Adm. Code.
J. Application completeness.
(1)
Complete applications.
(a)
An application is complete if it meets the filing requirements
set by this ordinance and § PSC 128.50(1), Wis. Adm. Code.
(b)
The Town shall determine the completeness of an application,
and shall notify the owner in writing of the completeness determination,
no later than 45 days after the day the application is filed. An application
is considered filed the day the owner notifies the Town in writing
that all the application materials have been filed. If the Town determines
that the application is incomplete, the notice provided to the owner
shall state the reasons for the determination.
(c)
The owner may file a supplement to an application that the Town has determined to be incomplete. There is no limit to the number of times that an owner may refile an application. For incomplete applications, the owner shall provide additional information as specified in the notice under Subsection
(1)(b).
(d)
An additional forty-five-day completeness review period shall begin the day after the Town receives responses to all items identified in the notice under Subsection
(1)(b).
(e)
If the Town does not make a completeness determination within
the applicable review period, the application is considered to be
complete.
(2)
Requests for additional information. The Town may request additional
information necessary to understand the wind energy system after determining
that an application is complete. An owner shall provide additional
information in response to all reasonable requests. An owner shall
respond to all inquiries made subsequent to a determination of completeness
in a timely, complete and accurate manner.
K. Owner requirements. Pursuant to § PSC 128.10(1), Wis. Adm.
Code, the Town incorporates by reference all owner requirements set
forth in Subchapter II of Ch. § PSC 128, Wis. Adm. Code,
(and all subsequent amendments thereto) to their fullest extent. (For
example all permissive provisions are mandatory and all quantifiable
standards are adopted in their most stringent form.)
L. Written decision.
(1)
The Town shall issue a written decision to grant or deny an
application. The written decision shall include findings of fact,
supported by evidence in the record. If an application is denied,
the decision shall specify the reason for the denial. The Town shall
provide its written decision to the owner and to the Public Service
Commission of Wisconsin. If the Town approves an application for a
wind energy system, the Town shall provide the owner with a duplicate
original of the decision. If an application is approved, the Town
will issue a written permit with conditions.
(2)
The owner shall record the duplicate original of a decision
approving an application with the Register of Deeds for Ozaukee County,
Wisconsin.
(3)
The Town shall keep a complete written record of its decision-making
relating to an application for a wind energy system. The record of
a decision shall include all of the following:
(a)
The approved application and all additions or amendments to
the application.
(b)
A representative copy of all notices issued under §§ PSC
128.105(1)(a), 128.30(5) and 128.42(1), Wis. Adm. Code.
(c)
A copy of any notice or correspondence that the Town issues
related to the application.
(d)
A record of any public meeting under § PSC 128.30(6)(c),
Wis. Adm. Code, and any hearing related to the application. The record
shall include any documents or evidence submitted by meeting or hearing
participants.
(e)
Copies of any correspondence or evidentiary material that the
Town considered in relation to the application, including copies of
all written public comments filed under § PSC 128.30(6)(b),
Wis. Adm. Code.
(f)
Minutes of any Town Board or committee meetings held to consider
or act on the application.
(g)
A copy of the written decision under § PSC 128.32(3)(a),
Wis. Adm. Code.
(h)
Other materials that the Town prepared to document its decision-making
process.
(i)
A copy of any Town ordinance cited in or applicable to the decision.
(4)
If the Town denies an application, the Town shall keep the record
for at least seven years following the year in which it issues the
decision.
(5)
If the Town approves an application, the Town shall keep the
record for at least seven years after the year in which the wind energy
system is decommissioned.
(6)
The Town may deny without a hearing an application for approval
of a wind energy system with a nominal capacity of at least one megawatt
if the proposed site of the wind energy system is in an area primarily
designed for future residential or commercial development as shown
on a map adopted as part of the Town's comprehensive plan or on such
maps adopted by the Town under § 66.1001(2)(i), Wis. Stats.
M. Effect of ownership change on approval. Approval of a wind energy
system remains in effect if there is a change in ownership of the
wind energy system. However, a wind energy system owner must provide
notice within 30 days to the Town of any change of ownership of the
wind energy system.
N. Fees.
(1)
The applicant shall deposit an application fee of $15,000 with
the Town at the time the application is filed. All costs incurred
by the Town relating to the review and processing of the application,
including the cost of services necessary to review an application
that are provided by outside engineers, attorneys, planners, environmental
specialists, acousticians, and other consultants or experts shall
be billed against the deposit. The applicant shall maintain a minimum
of $2,000 in the account until the review process and construction
(if approved) is completed. If the balance in the account drops below
$2,000, the applicant shall deposit additional money to bring the
account balance to $5,000 within five business days. The Town will
refund any remaining balance in the account within 60 days after the
final inspection of the constructed wind energy system. The Town reserves
the right to refuse review of an application in the event an applicant
fails to comply with this subsection.
(2)
The Town's fee or reimbursement requirement under Subsection
N(1) is based on the actual and necessary cost of the review and processing of the wind energy system application, and may include the cost of services necessary to review an application that are provided by outside engineers, attorneys, planners, environmental specialists, and other consultants or experts.
O. Additional requirements. The Town requires the following as conditions
for approval of an application to construct a wind energy system:
(1)
Information. The owner shall inform the Town in writing whether
the owner has consulted with and received any nonbinding recommendations
for constructing, operating or decommissioning the wind energy system
from a state or federal agency, and whether the owner has incorporated
such non-binding recommendations into the design of the wind energy
system.
(2)
Studies. The owner shall cooperate with any study of the effects
of wind energy system coordinated by a state agency.
(3)
Monetary compensation. The owner of a wind energy system shall
offer an agreement that includes annual monetary compensation to the
owner of a nonparticipating residence, if the residence is located
within 0.5 mile of a constructed wind turbine. For one turbine located
within 0.5 mile of a nonparticipating residence, the initial annual
monetary compensation shall be $600. For two turbines located within
0.5 mile of a nonparticipating residence, the initial annual monetary
compensation shall be $800. For three or more turbines located within
0.5 mile of a nonparticipating residence, the initial annual monetary
compensation shall be $1,000. The initial monetary compensation under
this subsection shall apply to agreements entered into in the year
2014. For agreements entered into in the year of 2015 and thereafter,
the initial annual amounts shall increase each year by the greater
of 2% or the increase in the Consumer Price Index, as described in
§ 196.374(5)(bm)2.b., Wis. Stats., from the previous year.
An agreement offered under this subsection shall specify in writing
any waiver of a requirement or right under § PSC 128, Wis.
Adm. Code, and whether the landowner's acceptance of payment establishes
the landowner's property as a participating property under § PSC
128, Wis. Adm. Code.
(4)
Aerial spraying. The owner of a wind energy system shall offer
an agreement that includes monetary compensation to a farm operator
farming on a nonparticipating property located within 0.5 mile of
a constructed wind turbine if the farm operator demonstrates all of
the following:
(a)
Substantial evidence of a history, before the wind energy system
owner gives notice under § PSC 128.105(1), Wis. Adm. Code,
of using aerial spraying for pest control or disease prevention for
growing potatoes, peas, snap beans, sweet corn or other crops on all
or part of a farm field located within 0.5 mile of a constructed wind
turbine.
(b)
A material reduction in potato, pea, snap bean, sweet corn or
other crop production or a material increase in application costs
on all or part of a farm field located within 0.5 mile of a constructed
wind turbine as a result of the wind energy system's effect on aerial
spraying practices.
(5)
Permits. The owner shall submit to the Town copies of all necessary
county, state, and federal permits and approvals.
(6)
Annual reports. The owner shall file an annual report with the
Town documenting the operation and maintenance of the wind energy
system during the previous calendar year. The annual report must be
filed on or before the anniversary date of the issuance of the owner's
permit.
P. Post-construction filing requirement. Within 90 days of the date
a wind energy system commences operation, the owner shall file with
the Town an as-built description of the wind energy system, an accurate
map of the wind energy system showing the location of all wind energy
system facilities, geographic information system information showing
the location of all wind energy system facilities and current information
identifying the owner of the wind energy system. An owner shall in
the filings under this section label each wind turbine location with
a unique identifier consistent with the information posted at the
wind turbine location under § PSC 128.18(1)(g), Wis. Adm.
Code.
Q. Modifications to an approved wind energy system.
(1)
Material change.
(a)
An owner may not make a material change in the approved design,
location or construction of a wind energy system without the prior
written approval of the Town, unless the Town automatically approves
the material change by taking either of the steps specified in § PSC
128.32(2)(b)1. or 2., Wis. Adm. Code.
(b)
An owner shall submit to the Town an application for a material
change to an approved wind energy system.
(2)
Review limited.
(a)
The Town, upon receipt of an application for a material change
to a wind energy system may not reopen the merits of the earlier approval
but may consider only those issues relevant to the proposed change.
(b)
An application for a material change in subject to §§ PSC
128.30(1), (3) to (5), (6)(a) and (b) and (7) and 128.31 to 128.34,
Wis. Adm. Code.
(c)
An application for a material change shall contain information
necessary to understand the material change as determined by the Town.
(d)
The Town may hold at least one public meeting to obtain comments
on and to inform the public about a proposed material change to an
approved wind energy system.
R. Monitoring compliance.
(1)
Monitoring procedure. The Town may establish a procedure to
monitor compliance by the owner with any condition on an approved
wind energy system or to assess when wind energy system facilities
are not maintained in good repair and operating condition. The procedure
may include timelines, provide for payment of reasonable fees for
conducting an assessment, and provide for notification to the public.
Such procedures shall be included in the permits granted under this
ordinance. The owner shall cooperate with the Town during its monitoring.
(2)
Third-party inspector during construction. The Town may require
an owner to pay a reasonable fee for a third-party inspector to monitor
and report to the Town regarding the owner's compliance with permit
requirements during construction. An inspector monitoring compliance
under this subsection shall also report to a state permitting authority
upon the state permitting authority's request.
S. Notice of complaint process.
(1)
Notice of process for making complaints. Before construction
of a wind energy system begins, an owner shall provide written notice
of the process for making complaints and obtaining mitigation measures
to all residents and landowners within 0.5 mile of any wind energy
system facility. An owner shall include in the notice the requirements
under § PSC 128.40(1), Wis. Adm. Code, for submitting a
complaint to the owner, a petition for review to the Town, and an
appeal to the Commission, and shall include a contact person and telephone
number for the owner for receipt of complaints or concerns during
construction, operation, maintenance, and decommissioning.
(2)
Notice to Town. An owner shall provide a copy of the notice provided under Subsection
(1) to the Town, and the owner shall keep the contact person and telephone number current and on file with the Town.
T. Small wind energy systems.
(1)
All of the provisions of this ordinance apply to small wind
energy systems except for provisions adopted under the following subsections
of Ch. PSC 128, Wis. Adm. Code, §§ 128.14(4)(d), 128.15(1)(c),
(3)(b) to (e), and (5), 128.16(2) to (4), 128.18(1)(g), (2)(b) and
(c), (3)(am), (b) and (c), and (4)(b) to (f), 128.19(1)(c) to (e),
(3), and (4), 128.30(2)(L) and (m), 128.33(1) to (3m) and (5), 128.34(3),
128.36, 128.40(2)(b) to (e), 128.41, and 128.42.
(2)
The standards in this ordinance applicable to wind energy systems
are modified for small wind energy systems as follows:
(a)
The preapplication notice shall be filed at least 60 days before
an owner files an application to construct a small wind energy system
and the notice shall be provided only to adjacent landowners and the
Town.
(b)
Setback distances for small wind energy systems are as set forth
in § PSC 128.61(3), Wis. Adm. Code.
(c)
An Owner shall provide notice of the requirements of § PSC
128.14, Wis. Adm. Code, only to each adjacent nonparticipating residence
or occupied community building before the initial operation of the
small wind energy system.
(d)
For purposes of § PSC 128.19(1), Wis. Adm. Code, a
small wind energy system is presumed to be at the end of its useful
life if it generates no electricity for a continuous five-hundred-forty-day
period.
(e)
For purposes of § PSC 128.30(2)(g), Wis. Adm. Code,
the information regarding the anticipated effects of the small wind
energy system on existing land uses shall be only for parcels adjacent
to the wind energy system.
(f)
Written notice of the filing of an application shall be provided
only to property owners and residents located adjacent to the small
wind energy system.
(g)
Under § PSC 128.30(6)(c), Wis. Adm. Code, the Town
may hold at least one public meeting to obtain comments on and to
inform the public about a proposed small wind energy system.
(3)
The applicant of a small wind energy system shall deposit an
application fee of $2,000 with the Town at the time the application
is filed. All costs incurred by the Town relating to the review and
processing of the application, including the cost of services necessary
to review an application that are provided by outside engineers, attorneys,
planners, environmental specialists, acousticians, and other consultants
or experts shall be billed against the deposit. The applicant shall
maintain a minimum of $500 in the account until the review process
and construction (if approved) is completed. If the balance in the
account drops below $500, the applicant shall deposit additional money
to bring the account balance to $1,000 within five business days.
The Town will refund any remaining balance in the account within 60
days after the final inspection of the constructed wind energy system.
The Town reserves the right to refuse review of an application in
the event an applicant fails to comply with this subsection.
U. Revocation and enforcement. Any permit granted for the installation,
construction or expansion of a wind energy system may be revoked by
the Town if the permit holder, its heirs, or assigns, violates the
provision of this ordinance or the provisions of a wind energy system
permit granted pursuant to this ordinance. Violations of this ordinance
are also punishable by forfeitures of not less than $200 and not more
than $500 per violation plus costs and attorneys' fees. Each day a
violation exists constitutes a separate offense. The Town may also
seek equitable and injunctive relief in the event of a violation.
Further, the Town may deny a pending application in the event of the
applicant's failure to comply with the provisions of this ordinance.
V. Severability. If any section, subsection, sentence or phrase of this
ordinance shall be held invalid, illegal, unenforceable, or unconstitutional
by a court of competent jurisdiction, such portion shall be deemed
a separate, distinct, and independent provision and such holding shall
not affect the validity of the remaining portions of this ordinance;
and there shall be substituted for the provision at issue a valid
and enforceable provision as similar as possible to the provision
at issue.
W. Relationship of parties. By filing an application, the owner agrees
that neither the owner nor the Town is an agent, employee, contractor,
vendor, representative, or partner of the other and that neither shall
owe a fiduciary duty to the other or hold itself out to third parties
that it is capable of binding the other party to any obligation or
liability. The Town's approval of an application does not create or
constitute a partnership, joint venture, or any other form of business
organization or arrangement between the Town and the owner.
X. Interpretation. In their interpretation and application, the provisions
of this ordinance shall be considered minimum requirements. Where
the provisions of this ordinance impose greater restrictions than
any statute, other regulation, ordinance or covenant, to the extent
allowed by law the provisions of this ordinance shall prevail. Where
the provisions of any statute, other regulation, ordinance, or covenant
impose greater restrictions than the provisions of this ordinance,
to the extent allowed by law the provisions of such statute, other
regulation, ordinance or covenant shall prevail. All references to
statutes and regulations in this ordinance refer to the current version
of the statute or regulation referenced, as amended from time to time.
Y. Guaranty/warranty. Nothing in this ordinance may be interpreted as
guaranteeing or warrantying that any method, construction, product,
service, building, or structure is free from risk. No issuance of
a license or permit, approval, inspection, or other action by any
Town official, employee, or agent shall constitute a warranty or guaranty
that any method, construction, product, service, building, or structure
is free from risk.
[Added 2-5-2014 by Ord. No. 2014-2]
I. Title. This ordinance is entitled the "Town of Cedarburg Mobile Tower
Siting Permit Ordinance."
II. Purpose. The purpose of this ordinance is to regulate by zoning permit
(1) the siting and construction of any new mobile service support
structure and facilities; (2) with regard to a class 1 collocation,
the substantial modification of an existing support structure and
mobile service facilities; and (3) with regard to a class 2 collocation,
collocation on an existing support structure which does not require
the substantial modification of an existing support structure and
mobile service facilities.
III. Authority. The Town Board has the specific authority under §§ 60.62,
62.23, and 66.0404, Wis. Stats., to adopt and enforce this ordinance.
IV. Adoption of ordinance. This ordinance, adopted by a majority of the
Town Board on a roll call vote with a quorum present and voting and
proper notice having been given, provides for the regulation by zoning
permit (1) the siting and construction of any new mobile service support
structure and facilities; (2) with regard to a class 1 collocation,
the substantial modification of an existing support structure and
mobile service facilities; and (3) with regard to a class 2 collocation,
collocation on an existing support structure which does not require
the substantial modification of an existing support structure and
mobile service facilities.
V. Definitions. All definitions contained in § 66.0404(1)
are hereby incorporated by reference.
VI. Subdivision and numbering of this ordinance. This ordinance is divided
into sections designated by uppercase Roman numerals. Sections may
be divided into subsections designated by uppercase letters. Subsections
may be divided into paragraphs designated by numbers. Paragraphs may
be divided into subdivisions designated by lowercase letters. Subdivisions
may be divided into subdivision paragraphs designated by lowercase
Roman numerals. Reference to a "section," "subsection," "paragraph,"
or "subdivision" includes all divisions of the referenced section,
subsection, paragraph, or subdivision.
VII. Siting and construction of any new mobile service support structure
and facilities.
A. Application process.
(1)
A Town zoning permit is required for the siting and construction
of any new mobile service support structure and facilities. The siting
and construction of any new mobile service support structure and facilities
is a conditional use in the Town obtainable with this permit.
(2)
A written permit application must be completed by any applicant
and submitted to the Town. The application must contain the following
information:
(a) The name and business address of, and the contact
individual for, the applicant.
(b) The location of the proposed or affected support
structure.
(c) The location of the proposed mobile service facility.
(d) 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.
(e) 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.
(f) 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 collocation,
including a sworn statement from an individual who has responsibility
over the placement of the mobile service support structure attesting
that collocation 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.
(3)
A permit application will be provided by the Town upon request
to any applicant.
(4)
If an applicant submits to the Town an application for a permit
to engage in an activity described in this ordinance, which contains
all of the information required under this ordinance, the Town shall
consider the application complete. If the Town does not believe that
the application is complete, the Town 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.
(5)
Within 90 days of its receipt of a complete application, the
Town shall complete all of the following or the applicant may consider
the application approved, except that the applicant and the Town may
agree in writing to an extension of the ninety-day period:
(a) Review the application to determine whether it
complies with all applicable aspects of the political subdivision's
building code and, subject to the limitations in this section, zoning
ordinances.
(b) Make a final decision whether to approve or disapprove
the application.
(c) Notify the applicant, in writing, of its final
decision.
(d) If the decision is to disapprove the application,
include with the written notification substantial evidence which supports
the decision.
(6)
The Town may disapprove an application if an applicant refuses
to evaluate the feasibility of collocation within the applicant's
search ring and provide the sworn statement described under paragraph
(2)(f).
(7)
If an applicant provides the Town 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 set back or
fall zone area required in a zoning ordinance, that zoning ordinance
does not apply to such a structure unless the Town provides the applicant
with substantial evidence that the engineering certification is flawed.
(8)
The fee for the permit shall be paid according to the Annual
Fee Schedule established by the Town Board.
VIII.
Class 1 collocation.
A.
Application process.
(1)
A Town zoning permit is required for a class 1 collocation.
A class 1 collocation is a conditional use in the Town obtainable
with this permit.
(2)
A written permit application must be completed by any applicant
and submitted to the Town. The application must contain the following
information:
(a) The name and business address of, and the contact
individual for, the applicant.
(b) The location of the proposed or affected support
structure.
(c) The location of the proposed mobile service facility.
(d) 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.
(e) 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.
(f) 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 collocation,
including a sworn statement from an individual who has responsibility
over the placement of the mobile service support structure attesting
that collocation 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.
(3)
A permit application will be provided by the Town upon request
to any applicant.
(4)
If an applicant submits to the Town an application for a permit
to engage in an activity described in this ordinance, which contains
all of the information required under this ordinance, the Town shall
consider the application complete. If the Town does not believe that
the application is complete, the Town 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.
(5)
Within 90 days of its receipt of a complete application, the
Town shall complete all of the following or the applicant may consider
the application approved, except that the applicant and the Town may
agree in writing to an extension of the ninety-day period:
(a) Review the application to determine whether it
complies with all applicable aspects of the political subdivision's
building code and, subject to the limitations in this section, zoning
ordinances.
(b) Make a final decision whether to approve or disapprove
the application.
(c) Notify the applicant, in writing, of its final
decision.
(d) If the decision is to disapprove the application,
include with the written notification substantial evidence which supports
the decision.
(6)
The Town may disapprove an application if an applicant refuses
to evaluate the feasibility of collocation within the applicant's
search ring and provide the sworn statement described under paragraph
(2)(f).
(7)
If an applicant provides the Town 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 set back or
fall zone area required in a zoning ordinance, that zoning ordinance
does not apply to such a structure unless the Town provides the applicant
with substantial evidence that the engineering certification is flawed.
(8)
The fee for the permit shall be paid according to the Annual
Fee Schedule established by the Town Board.
IX. Class 2 collocation.
A. Application process.
(1)
A Town zoning permit is required for a class 2 collocation.
A class 2 collocation is a permitted use in the Town but still requires
the issuance of the Town permit.
(2)
A written permit application must be completed by any applicant
and submitted to the Town. The application must contain the following
information:
(a) The name and business address of, and the contact
individual for, the applicant.
(b) The location of the proposed or affected support
structure.
(c) The location of the proposed mobile service facility.
(3)
A permit application will be provided by the Town upon request
to any applicant.
(4)
A class 2 collocation is subject to the same requirements for
the issuance of a building permit to which any other type of commercial
development or land use development is subject.
(5)
If an applicant submits to the Town an application for a permit
to engage in an activity described in this ordinance, which contains
all of the information required under this ordinance, the Town shall
consider the application complete. If any of the required information
is not in the application, the Town 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.
(6)
Within 45 days of its receipt of a complete application, the
Town shall complete all of the following or the applicant may consider
the application approved, except that the applicant and the Town may
agree in writing to an extension of the forty-five-day period:
(a) Make a final decision whether to approve or disapprove
the application.
(b) Notify the applicant, in writing, of its final
decision.
(c) If the application is approved, issue the applicant
the relevant permit.
(d) If the decision is to disapprove the application,
include with the written notification substantial evidence which supports
the decision.
(7)
The fee for the permit shall be paid according to the Annual
Fee Schedule established by the Town Board.
X. Penalty provisions. Any person, partnership, corporation, or other
legal entity that fails to comply with the provisions of this ordinance
shall, upon conviction, pay a forfeiture of not less than $100 nor
more than $500, plus the applicable surcharges, assessments, and costs
for each violation. Each day a violation exists or continues constitutes
a separate offense under this ordinance. In addition, the Town Board
may seek injunctive relief from a court of record to enjoin further
violations.
XI. Severability. If any provision of this ordinance or its application
to any person or circumstance is held invalid, the invalidity does
not affect other provisions or applications of this ordinance that
can be given effect without the invalid provision or application,
and to this end the provisions of this ordinance are severable.