(1)

This ordinance regulates by conditional use permit the siting and construction of any new mobile service. The Conservation, Planning, and Zoning Department is to regulate mobile service support structures and facilities as permitted by Wis. Stats. § 66.0404.

(a)

With regard to a class 1 collocation, this subchapter is to regulate the substantial modification of an existing support structure and mobile service facilities.

(b)

With regard to a class 2 collocation, this subchapter is to regulate collocation on an existing support structure that does not require a substantial modification of an existing support structure and mobile service facilities.

(2)

It is intended that Sauk County apply these regulations to accomplish to the greatest degree possible the following:

(a)

Minimize adverse effects of mobile service facilities and mobile support structures.

(b)

Maintain and ensure that a non-discriminatory, competitive, and broad range of mobile services and high-quality mobile service infrastructure is consistent with the Federal Telecommunications Act of 1996, and are provided to serve the community as well as serve as an important and effective part of Sauk County's police, fire, and emergency response network.

(c)

Provide a process for obtaining permits for these facilities and support structures while protecting the health, safety, and welfare of Sauk County residents.

(d)

Encourage the use of alternative support structures, collocation of new antennas on existing support structures, camouflaged support structures, and construction of support structures with the ability to collocate three or more providers.

(3)

This section is not intended to regulate residential satellite dishes or residential television antennas that are used privately. It is not intended to regulate satellite dishes or antennas where regulation is prohibited by Wis. Stats. § 59.69(4d).

All definitions contained in Wis. Stats. § 66.0404(1), are hereby incorporated by reference.

Mobile service facilities providing public information coverage of news events of a temporary or emergency nature shall be exempt from the permitting requirement of this chapter, unless otherwise specified.

(1)

A conditional use permit is required for the siting and construction of new mobile service support structures and facilities, and for class 1 collocations.

(2)

An application for a conditional use permit must be completed by the applicant and submitted to the Department. 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 existing mobile service structure.

(c)

The location of the proposed mobile service facility.

(d)

If the application is to substantially modify an existing mobile service support structure, a construction plan that 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 or tower, a construction plan which describes the proposed mobile service support structure or tower 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 or tower.

(f)

If the 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 the owner or officer responsible for the placement of the mobile service support structure or tower 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.

(3)

If an application is incomplete, the Department shall notify the applicant in writing within ten days of the receipt of the application. The written notification shall specify the required missing information. An applicant may resubmit an application as often as is necessary until it is complete.

(4)

County responsibilities. Within 90 days of receiving a complete application, the County shall finish all of the following or the applicant may consider the application approved, except that the applicant and the County may agree in writing to extend this period:

(a)

Review the application to determine whether it complies with all applicable aspects of the County's ordinances.

(b)

Make a final decision whether to approve or disapprove the application.

(c)

Notify the applicant of the decision in writing.

(d)

If the decision is to disapprove the application, include with the written notification substantial evidence which supports the decision.

(5)

Height. Height shall meet the terms of the Sauk County Code Chapter 41 or any other airport zoning ordinances.

(6)

Setbacks. All structures must meet the commercial and industrial zoning setbacks of Section 7.096 and road setbacks of Section 7.098 unless an applicant provides the County with an engineering certification showing that a mobile service support structure, tower, or an existing structure, is designed to collapse within a smaller area than the setback or fall zone area required. The County may still require the setbacks required by this section if the County provides the applicant with substantial evidence that the engineering certification provided is flawed.

(7)

Limitations. Conditional use permits for siting and construction of any new mobile service support structure and facilities or class 1 collocation shall only be granted provided the following conditions exist:

(a)

No lease or deed restriction on property that is proposed for the location of a mobile service support structure or mobile service facility shall preclude the owner or lessee from entering into agreements, leases, or subleases with other providers or prohibit collocation of other providers.

(b)

The application has obtained Federal Communications Commission license and registration numbers if required.

(c)

The applicant provides a finding of no significant impact, environmental assessment or environmental impact statement approved by the Federal Communications Commission, if required.

(d)

The applicant provides a copy of a determination of no hazard from the federal aviation administration, including any aeronautical study or other findings if applicable.

(e)

The applicant provides plans indicating security measures such as fencing, access, lighting, and any other requirements.

(f)

For a new mobile service support structure, the applicant has obtained a report prepared by an engineer licensed by the State of Wisconsin certifying the structural design of the tower and its ability to accommodate addition antennas.

(g)

The applicant shall provide proof of liability insurance coverage.

(h)

The applicant shall provide copies of an affidavit of notification indicating all operators and owners of airports located within five miles of the proposed site have been notified by certified mail.

(i)

The new facility is designed to promote site sharing so that space is reasonably available to collocators and so that telecommunication towers and necessary appurtenances, including parking areas, access roads, and utilities are shared by site users whenever possible.

(1)

A County land use permit is required for a class 2 collocation. A class 2 collocation is considered a permitted use in the County but still requires the issuance of the County permit.

(2)

Application process. A written permit application must be completed by any applicant and submitted to the Department. The application must include the following information:

(a)

The name and business address of, and contact individual for, the applicant.

(b)

The location of the affected mobile service support structure.

(c)

The location of the proposed mobile service facility.

(3)

The Department shall notify the applicant in writing within five days of receiving the application that the application is not complete. An applicant may resubmit an application as often as necessary until it is complete.

(4)

County requirements. Within 45 days of receiving of a complete application, the Department shall complete all of the following or the applicant may consider the application under this section approved, except that the applicant and the Department may agree in writing to an extension of the 45-day period:

(a)

Make a final decision whether to approve or disapprove the application.

(b)

Notify the applicant of its decision in writing.

(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 to support the decision.

(1)

Purpose. The report is to provide Sauk County with accurate and current information regarding the mobile service facility owners and providers who offer or provide mobile services within the County, or that own or operate mobile service facilities within the County, to assist the County in enforcement of this section and to assist the County in monitoring compliance with local, state, and federal laws.

(2)

Report. All mobile service support structure owners of any new mobile service support structure shall submit to the Department a "Telecommunications Facility Information Report" within 45 days:

(a)

Following issuance of a land use permit.

(b)

Of receipt of a written request from the Department.

(c)

Of any change in occupancy of the mobile service facility.

(3)

Report contents.

(a)

The report shall include the following information regarding the owner or owners:

1.

The name of the mobile service support structure's owner.

2.

Address.

3.

Phone number.

4.

Contact person.

5.

Proof of bond as security for removal.

(b)

The support structure owner shall supply:

1.

The mobile service support structure height.

2.

Current occupancy, if applicable.

3.

The number of collocation positions designated, occupied, or vacant.

(c)

The information shall be submitted on a form provided by the Department and shall become evidence of compliance.

It is the policy of Sauk County that mobile service support structures be removed once they are no longer in use and not a providing mobile service. It is the permittee's responsibility to remove mobile service support structures and restore the site to its original condition or to condition approved by the Department. This restoration shall include removal of any subsurface structure or foundation, including concrete, used to support the mobile service support structure down to five feet below the ground surface. After a mobile service support structure is no longer being used for mobile service that is in operation, the mobile service support structure owner shall have 180 days to effect removal and restoration unless weather prohibits such efforts. The permittee shall record a document with the Sauk County Register of Deeds showing the existence of any subsurface structure remaining below the ground surface. The recording shall accurately set forth the location and shall describe the dimensions and nature of the remaining structure.

(1)

Mobile service support structure, antenna, and facility requirements. All mobile service facilities and mobile service support structures, except exempt facilities as described in Section 7.139, shall be designed to reduce the negative impact on the surrounding environment by implementing the following measures:

(a)

Mobile service support structures shall be constructed of metal or other nonflammable material.

(b)

Satellite dish and parabolic antennas shall be situated as near to the ground as possible to reduce visual impact without compromising their functions.

(c)

Equipment compounds shall be constructed of non-reflective materials on visible exterior surfaces only. Equipment compounds shall be designed to blend with existing architecture in the area, or shall be screened from sight by mature landscaping, and shall be located or designed to minimize their visibility.

(d)

Mobile service facilities and support structures shall not interfere with or obstruct existing or proposed public safety, fire protection, or supervisory controlled automated data acquisition operation telecommunication facilities. Any actual interference or obstruction shall be corrected by the applicant at no cost to a public entity negatively impacted by the interference or obstruction.

(2)

Site development. A leased parcel intended for the location of new mobile service facilities, mobile service support structures, and equipment compounds shall be located to permit expansion for mobile service facilities to serve all potential collocators.

(3)

Vegetative. Facilities shall meet the vegetative screening requirements of Section 7.043.

(4)

Fire protection. All mobile service facilities shall be designed and operated with all applicable codes regarding fire prevention.

(5)

Noise and traffic. All mobile service facilities shall be constructed and operated in such a manner as to minimize the amount of disruption caused to nearby properties. To accomplish this, the following measures shall be implemented for all mobile service facilities, except exempt facilities as described under Section 7.139:

(a)

Noise producing construction activities shall take place only Monday through Friday, excluding legal holidays, between the hours of 6:00 a.m. to 6:00 p.m., except in times of emergency repair.

(b)

Backup generators shall be operated only during power outages and for maintenance and testing purposes.

Any antenna, mobile service facility, or mobile service support structure that is not operated for a period of 12 months shall be considered abandoned. Upon application, the agency may extend the time limit for abandonment for an additional 12-month period. Such extension shall be based on the finding that the owner or permit holder is actively seeking tenants for the site. After expiration of the established time period, the following shall apply:

(1)

The owner of the antenna, mobile service facility, or mobile service support structure shall remove the antenna, mobile service facility, or mobile service support structure; including all supporting equipment, buildings, and foundations to the depth required in this chapter within 90 days of receipt of notice from the Department that abandonment is required. If removal to the satisfaction of the Department does not occur within 90 days; the Department may order removal and salvage the antenna, mobile service facility, or mobile service support structure; including all supporting equipment and buildings.

(2)

The recipient of a permit allowing a mobile service support structure and facility under this chapter, or the current owner or operator, shall notify the Department within 45 days of the date when the mobile service facility is no longer in operation.