Brookfield Town City Zoning Code
§ 17.15
Mobile tower siting regulations.
[Added 12-16-2003; amended 8-5-2017]
(1)
Purpose. The purpose of this section 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 co-location, the substantial modification of an existing support structure and mobile service facilities; and 3) with regard to a Class 2 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.
(2)
Authority. The Town Board has the specific authority under §§ 62.23 and 66.0404, Wis. Stats., to adopt and enforce this section.
(3)
Definitions. All definitions contained in § 66.0404(1), Wis. Stats., as the same currently exist or as the same may be amended hereafter, are hereby incorporated by reference.
(4)
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 Planner. 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 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.
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 section, which contains all of the information required under this section, 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 co-location within the applicant's search ring and provide the sworn statement described under Subsection (4)(a)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 setback 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 is $3,000.
(5)
Class 1 co-location.
(a)
Application process.
1.
A Town zoning permit is required for a Class 1 co-location. A Class 1 co-location 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 Pplanner. 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 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.
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 section, which contains all of the information required under this section, 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 co-location within the applicant's search ring and provide the sworn statement described under Subsection (5)(a)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 setback 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 is $3,000.
(6)
Class 2 co-location.
(a)
Application process.
1.
A Town zoning permit is required for a Class 2 co-location. A Class 2 co-location 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 Planner. The application must contain the following information:
3.
A permit application will be provided by the Town upon request to any applicant.
4.
A Class 2 co-location 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 section, which contains all of the information required under this section, 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 5 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 it $500.
(7)
Penalty provisions. Any person, partnership, corporation, or other legal entity that fails to comply with the provisions of this section 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 section. In addition, the Town board may seek injunctive relief from a court of record to enjoin further violations.
(8)
Severability. If any provision of this section or its application to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of this section that can be given effect without the invalid provision or application, and, to this end, the provisions of this section are severable.