Cedarburg Town City Zoning Code
ARTICLE X
Satellite Earth Stations; Radio or Television Antenna Towers; Wind Energy Systems; Telecommunications
§ 320-102 Satellite earth stations.
A.
Permit required. No owner shall, within the Town, build, construct, use or place any type of satellite earth station until a permit shall have first been obtained from the Building Inspector.
B. OWNER SATELLITE TELEVISION DISH OR EARTH STATION
Definitions. For purposes of this section, the following terms shall have the meaning 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 interest. The personal representative of at least one owner shall be considered an owner.
An apparatus capable of receiving communications from a transmitter or a transmitter relay located in a planetary orbit. They are also commonly referred to as disks, satellite communications systems or home earth stations.
C.
Application. Application for a satellite earth station permit shall be made in writing to the Building Inspector. With such application, there shall be submitted a fee as set by the Town Board and a complete set of plans and specifications, including a plot plan showing the location of the proposed satellite earth station with respect to adjoining alleys, lot lines and buildings. If such application meets all requirements of this section, the application shall be approved.
D.
Installation restrictions. Satellite earth stations installed in any zoning district within the Town shall comply with the following provisions:
(1)
Number of units. Not more than one satellite earth station may be allowed per individual recorded lot, except that additional stations may be permitted upon application for a variance in nonresidential zones.
(2)
Location and setbacks.
(a)
Any satellite dish mounting post shall only be located in the rear yard of a residential lot and at least 25 feet from any property line. Placement of a satellite dish in a business or industrial district shall not be allowed unless a special exception is granted by the Zoning Board of Appeals.
(b)
If the dish cannot receive a usable satellite signal in the rear yard of any residential lot but can receive such a signal while located in a side yard, it may be located only in a side yard after receiving approval from the Zoning Board of Appeals. For corner lots, a side yard is only a yard that does not face a street.
(c)
No dish shall be placed in the front yard of any residential, business or industrial lot in the Town.
(d)
The Town Board shall determine whether a signal constitutes a usable satellite signal based on evidence provided by the person seeking a permit to erect or construct the dish.
(3)
Mounting. Satellite earth stations may be ground-, wall- or roof-mounted in all districts. Satellite earth stations attached to the wall or roof of any principal or accessory structure shall be subject to the structure being constructed to carry all imposed loading. The Building Inspector may require engineering calculations.
(4)
Diameter. The diameter of the satellite television dish shall not exceed 10 feet for the ground-mounted dish and six feet for the roof-mounted dish, except for stations used to provide community antenna television services.
(5)
Height.
(6)
Wind pressure. All satellite earth stations 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 miles per hour.
(7)
Electrical installations. Electrical installations in connection with satellite earth receiving stations, 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 satellite earth station to the receivers shall be installed underground, unless installation site conditions preclude underground installation. If a satellite earth station 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 satellite earth stations shall be grounded against direct lightning strikes.
(8)
Temporary placement. No portable or trailer-mounted satellite earth station 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. Failure to comply shall result in a citation being issued for violation of this section. Any person making such temporary placement shall give written notice to the Building Inspector of the date when such placement shall begin and end.
(9)
Advertising. No form of advertising or identification, sign or mural is allowed on the dish or framework other than the customary manufacturer's identification plates.
(10)
Interference with broadcasting. Satellite earth stations 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 satellite earth stations shall promptly take steps to eliminate the harmful interference.
(11)
Compliance with federal regulations. The installation and use of every satellite earth station shall be in conformity with the Federal Cable Communications Policy Act of 1984 and regulations adopted thereunder.
(12)
Color. The color of any satellite dish shall be such that it blends into its surroundings and shall be approved by the Building Inspector as part of the application.
E.
Variances. Requests for variances from the standards established by this section may be made to the Zoning Board of Appeals pursuant to § 320-135 of this chapter.
F.
Enforcement.
(1)
It shall be unlawful to construct, use, build or locate any satellite television dish in violation of any provisions of this section. In the event of any violation, the Town Board 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.
§ 320-103 Wind energy systems.
[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. SMALL WIND ENERGY SYSTEM WIND ENERGY SYSTEM OTHER DEFINITIONS
Definitions. The following definitions shall be used for the purpose of this section:
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.
Has the meaning given in § 66.0403(1)(m), Wis. Stats., and is used to convert wind energy to electrical energy.
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.
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.
§ 320-104 through § 320-106. (Reserved) [1]
§ 320-107 Mobile tower siting and collocation.
[Added 2-5-2014 by Ord. No. 2014-2[1]]
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.
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.
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:
(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.
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.
[1]
Editor's Note: This ordinance also repealed former § 320-107, Telecommunication installation, added 8-7-2002 by Ord. No. 2002-8.