(1)

STATEMENT OF PURPOSE AND INTENT.

(a)

The purpose of this section is to provide standards and criteria for the placement, construction and maintenance of wireless communication facilities in the Village of Germantown. The intent of this section is to:

1.

Strike a balance between the interests of the wireless communication service providers, the consumers of those services and the Village of Germantown.

2.

Restrict the location of towers to nonresidential areas and minimize the total number of towers throughout the Village.

3.

Protect residential areas and land uses from potential adverse impacts of towers and antennas.

4.

Encourage location and co-location of new antennas on existing towers and other appropriate structures.

5.

Encourage users of towers and antennas to configure them in a way that minimizes their adverse visual impact by careful design, siting, landscaping, screening and camouflaging techniques.

6.

Protect property values and the public health, safety and welfare.

7.

Encourage users of towers and antennas to locate them, to the extent possible, in areas where the impact on the community is minimal.

8.

Avoid potential damage to adjacent properties from tower failure through careful engineering and siting of tower structures.

9.

Enable wireless communication service providers to provide their services to their customers in a prompt, effective and efficient manner.

10.

Create clear and objective approval criteria for towers and accessory structures.

11.

Ensure that all wireless communication providers are given an equal opportunity to compete in the local market.

(2)

DEFINITIONS.

(a)

For the purpose of this section, the following definitions shall be used:

1.

Alternative Tower Structure. An existing man-made structure which is used as an alternative to a tower and to which an antenna and/or an antenna support structure is attached.

2.

Antenna. Any exterior transmitting or receiving device mounted on a tower, building or structure and used in communications that radiate or capture electromagnetic magnetic waves, digital signals, analog signals, radio frequencies (excluding radar signals), wireless telecommunications signals or other communications signals.

3.

Antenna Support Structure. A structure which is attached to a tower or an alternative tower structure and which is designed to support an antenna at a height sufficient to permit effective receipt or transmission of wireless communications.

4.

Co-location. The provision of multiple antennas or more than one commercial wireless communication service provider or government entity on a single-tower or structure.

5.

Equipment Facility. A building, cabinet, or other enclosure used to house and protect the electronic equipment necessary for processing wireless communications at a wireless communications facility.

6.

FAA. Federal Aviation Administration.

7.

FCC. Federal Communications Commission.

8.

Height. The distance from the ground at the base of the tower or alternative tower structure to the highest point on the tower or alternative tower structure or any fixture attached thereto, whichever is highest.

9.

Operator. A person, corporation, partnership, association or other organization which:

a.

Provides wireless communication services, either directly or through one or more agents, employees, subsidiaries or affiliates; or

b.

Controls or is responsible for the management and operation of a wireless communications facility.

10.

Points of Visual Interest. Views of waterways, open spaces, historic buildings, architecturally significant structures or other scenic views.

11.

Preexisting Towers and Antennas. Any tower or antenna for which a building permit or conditional use permit has been properly issued prior to the effective date of this section (October 4, 1999).

12.

Tower. Any structure that is designed and constructed for the purpose of supporting one or more antennas for telephone, radio and similar communication purposes, including self-supporting lattice towers, microwave towers, common-carrier towers, cellular telephone towers, alternative tower structures and the like. The term includes the structure and any support thereto.

13.

Tower Site. The parcel of land where a tower and associated wireless communication structures, fixtures and equipment are located.

14.

Wireless Communications Service. The provision of wireless communication services for a consideration. Wireless communication services include, but are not limited to, Cellular Communications Service (CCS), Personal Communication Service (PCS), Specialized Mobile Radio Service (SMR), Enhanced Specialized Mobile Radio (ESMR), paging services and other similar wireless communication services.

(3)

APPLICABILITY OF REGULATIONS.

(a)

Facilities Regulated by this Section. Except as provided in subsection (3)(b) of this section, the regulation contained in this chapter shall apply to all wireless communication facilities in the Village of Germantown.

(b)

Facilities Exempt from this Section. The following wireless communication facilities are exempt from the provisions of this section, except the regulations contained in subparagraph (c) of this subsection.

1.

A ground or building mounted receive-only radio or television antenna which does not exceed 25 feet in height and which is used solely by the occupants of a dwelling located in a residential zoning district.

2.

A ground or building mounted receive-only radio or television satellite dish which does not exceed 36 inches in diameter; which does not project beyond the roof line and which is used solely by the occupants of a dwelling located in a residential zoning district.

3.

A citizen band radio tower and antenna which does not exceed 35 feet in height.

4.

A ham radio tower and antenna which does not exceed 75 feet in height.

5.

Microwave dishes for private home use.

6.

Governmentally owned and operated receive and/or transmit telemetry station antenna for supervisory control and data acquisition (SCADA) systems for water, flood alert, traffic control devises and signals, stormwater, pump stations and/or irrigation systems, with heights not exceeding 35 feet.

7.

Towers, equipment facilities and antennas that existed prior to the effective date of this chapter (October 4, 1999).

(c)

Regulation of Exempt Facilities. Notwithstanding subparagraph (a) of this subsection, exempt facilities shall be subject to the following rules and regulations.

1.

In residential districts there shall be no more than one antenna support structure per tax parcel.

2.

Towers shall be designed to prevent children and trespassers from climbing on those structures. Ladder rungs shall be at least 20 feet above the ground.

3.

Towers and antennas constructed and maintained in the Village of Germantown shall comply with all other applicable local, State and Federal laws.

4.

Pre-existing towers and equipment shall not be exempt from the conditional use permit on file and the licensing requirements of section 22.06 of this Code.

(4)

COMPLIANCE WITH ZONING REGULATIONS.

(a)

Permitted Uses. The following uses are deemed permitted uses that require Village Plan Commission approval.

1.

Antennas on Existing Towers. The attachment of a new antenna on an existing tower may be allowed, to minimize adverse visual impacts associated with the proliferation and clustering of towers, provided that:

a.

A tower which is modified or reconstructed to accommodate the location of an additional antenna shall be of the same type and height as the existing tower.

b.

An existing tower may be modified or rebuilt to accommodate the colocation or additional antenna and may be moved onsite within 50 feet of its existing location, but the relocation may only occur one time per communication tower.

c.

After a tower is rebuilt to accommodate co-location, only one tower may remain on site.

d.

When relocating a tower on-site, the revised location of the tower shall be a minimum distance of the height of the tower, to the property line of residential units or residentially zoned lands.

2.

Public Safety Communication Facilities. (Cr. Ord. #29-07) The construction of a new or the replacement of an existing wireless communication facility owned by the Village of Germantown, Washington County, or other municipal government that will be used primarily for public safety communication systems provided that plans for such facilities meet the following requirements of this section:

a.

Subsection (4)(b)1. through 3.

b.

Subsection (5)(c), (d), and (f) through (m).

c.

Subsection (6).

(b)

Conditional Uses. The installation of towers and antennas, including the placement of accessory buildings or equipment, may be allowed by Conditional Use Permit in all agricultural, institutional, business and industrial zoning districts. The applicant shall submit a conditional use permit in accordance with the application procedure described in section 17.42 of this chapter. In addition to the requirements detailed in section 17.42 of this chapter, the conditional use permit shall not be granted until each of the following requirements are met.

1.

Antennas or Towers on Existing Structures. An antenna or tower may be situated on the roof of a commercial, industrial, professional, institutional or municipal structure provided that such device is installed and maintained in accordance with applicable state or local building codes, and complies with current standards of the FAA, FCC and any other agency of the State or Federal government with the authority to regulate antennas.

2.

Plans, Specifications and Statements. The applicant for a permit to construct a new tower or equipment facility shall provide the following:

a.

Wisconsin Professional Engineer stamped Plans and Specifications for construction of the tower.

b.

A written statement by an electrical engineer licensed to practice in the State of Wisconsin that the reception and transmission functions of the proposed tower, antenna or equipment facility will not interfere with the usual and customary transmission and reception of radio, television or other services on adjacent properties.

c.

A copy of the FAA determination, the FCC license and the State of Wisconsin Department of Commerce building plan approval indicating that the proposed tower, antenna or equipment facility complies with rules administered be those agencies.

d.

For towers, a written statement from the applicant's engineer indicating:

1.

The types of antennas that may be accommodated by the tower.

2.

The tower's capacity for such antennas.

3.

The failure characteristics of the tower.

4.

The adequacy of its setback in event of failure.

3.

Site and Landscaping Plans. The applicant shall provide the Plan Commission and Village Board with site plans and landscaping plans drawn to scale of 1" = 20'. Those plans should specify the location of any tower, building, parking, landscaping, fencing and other accessory uses. The landscape plan shall indicate the size, number and type of planting for the proposed site.

4.

List of Other Antenna Facilities. The applicant shall provide the Plan Commission and Village Board with a list of the applicant's existing towers and antennas located in the Village of Germantown and within 10 miles of the Village limits. The list should identify the location, height and design of each tower and location of each antenna. The Plan Commission and Village Board may share such information with other applicants applying for a Conditional Use Permit to construct, install or alter wireless communication facilities.

5.

Affidavit Regarding Other Towers. The applicant for a Conditional Use Permit to construct a new tower shall execute an affidavit stating whether any other wireless communication tower is located within any portion of the area of a radius of 2,000 feet from the location of the proposed new tower, which lies outside of the corporate limits of the Village of Germantown.

6.

Co-location Statement for Towers. The applicant shall demonstrate, to the reasonable satisfaction of the Plan Commission and Village Board, that no existing tower or alternative tower structure can accommodate the applicant's proposed antenna. Upon a showing by the applicant that any one of the following circumstances enumerated below exist, the applicant shall be deemed to have satisfactorily demonstrated the need for a new tower. In evaluating such circumstances, the Village may employ the services of a consulting expert. The expense for which shall be compensated to the Village by the applicant as an administrative cost of processing the application.

a.

No tower or alternative tower structure exists in a geographic area where it is necessary to place an antenna in order to provide effective wireless communication services.

b.

Existing towers or alternative tower structures are not of sufficient height to meet applicant's engineering requirements.

c.

Existing towers or alternative tower structures do not have sufficient strength to support applicant's proposed antenna and related equipment.

d.

Applicant's proposed antenna would cause interference with another antenna already located on an existing tower or structure or that the antenna on the existing tower or structure would cause interference with applicant's proposed antenna.

e.

The charges for the use of an existing tower or alternative tower structure are unreasonable. Charges for use of an existing tower or structure shall be deemed unreasonable if those charges exceed the (cost of constructing a wireless communication facility) (then reasonable market rates for co-location).

f.

The applicant demonstrates that there are other reasonable factors that render an existing tower or alternative tower structure unsuitable.

7.

Reservation of Antenna Space on Towers. Unless, specifically waived by the Village, new towers shall be designed to accommodate at least 2 other wireless communication service providers at market rate.

8.

Liability Insurance Coverage. The applicant shall annually furnish a certificate of general liability insurance coverage for a minimum of $1,000,000.00 for the tower site. The insurance coverage may be reviewed by the Plan Commission and Village Board to determine the sufficiency of such amount. The proof of insurance shall be placed on file with the Village Clerk's office.

(5)

OTHER REQUIREMENTS. (Am. Ord. #29-07) Except as may otherwise be provided in subsection (4)(a) herein, all wireless communication facilities shall meet the following requirements:

(a)

Tower and Antenna Height. No tower shall exceed 150 feet in height. No antenna support structure, including any antenna or other device attached thereto, shall extend more than 20 feet above the highest point of the building or structure to which the antenna support structure is attached.

(b)

Tower Separation. No new tower shall be constructed within 2,000 feet of an existing tower. The distance shall be measured in a straight line between the base of the existing tower and the proposed location for the base of the new tower.

(c)

Advertising Signs. No person shall place any advertising sign on any tower, antenna support structure or antenna. Nor, shall anyone place a flag, decorative sign, streamer, pennant, ribbon, spinner or other moving object on a tower, antenna support structure or antenna, unless such object is an integral part of the facility design which is calculated to screen, conceal or camouflage the nature of the structure, such as a flag on a flag pole which is itself a camouflaged wireless communications facility, or in which such a facility is concealed.

(d)

Lighting. No tower, antenna support structure or antenna shall be artificially illuminated. This subsection does not prohibit the use of motion detectors and associated lighting nor the use of outdoor lights when the wireless communication provider's personnel are present. This subsection is not intended to prohibit any lighting required by any local, State or Federal law, rule or regulation. If lighting is required by such law, rule or regulation, the operator and owner shall choose the lighting which causes the least disturbance to the occupants of the adjacent properties.

(e)

Points of Visual Interest. No wireless communication facility shall be located so as to obstruct the view of a point of visual interest from a residential zoning within 1,000 feet of the wireless communication facility.

(f)

Tower Color. The tower shall have a galvanized steel finish or shall be painted in a neutral color so as to reduce visual obtrusiveness or to camouflage the tower. Antennas and antenna support structures shall be of a neutral color which is identical to, or closely compatible with, the color of the tower or alternative support structure.

(g)

Ladders. Towers shall be designed to prevent children and trespassers from climbing on those structures. Ladder rungs on towers shall be placed a minimum of 20 feet above the ground.

(h)

Fencing. A wireless communications facility shall be enclosed by a security fence not less than 6 feet in height and secured so that it is not accessible by the general public. Fence design, materials and colors shall reflect the character of the surrounding area as determined by the Plan Commission and Village Board. Electrical fencing is prohibited within the Village of Germantown.

(i)

[Conditional Use Permit.] A conditional use permit for siting a wireless communications facility in lands carrying an agricultural zoning classification shall provide conditions requiring sufficient screening or camouflage so as to eliminate visual obtrusiveness.

(j)

Landscaping. A buffer of plant materials of sufficient maturity and size to immediately and effectively screen the equipment cabinets, structures or buildings from public view and from adjacent properties shall be provided.

1.

The minimum buffer shall consist of a landscaped strip at least 5 feet in width outside the entire perimeter of the wireless communications facility.

2.

In locations where the visual impact of the tower would be minimal, the landscaping requirement may be reduced or waived with the approval of the Plan Commission and Village Board.

3.

Existing mature tree growth and natural land forms shall be preserved to the maximum extent possible. In some cases, such towers sited on large, wooded lots, natural growth around the property perimeter may be a sufficient buffer.

4.

All landscaping requirements detailed here shall be properly maintained in perpetuity.

(k)

Buildings, Enclosures and Associated Devices.

1.

All buildings, enclosures, equipment and other associated devices shall be placed in close proximity to the base of the tower located on the wireless communications site. If the wireless communications facility does not have a tower, the buildings, equipment and other associated devices shall be placed in close proximity to the alternative tower structure. If the wireless communications facility has a roof mounted antenna support structure, an equipment enclosure may be located on the roof provided that such enclosure is placed as unobtrusively as possible and in compliance with all applicable building and zoning rules and regulations.

2.

All buildings and enclosures shall be kept locked at all times. Each building and enclosure shall have a label attached to it the label shall give the name, address and telephone number of the person who should be contacted in the event of an emergency.

3.

The aggregate floor area of all buildings and enclosures shall not exceed 400 square feet per tower. The total height of the structures shall not exceed 15 feet in height. A greater height and size, may be approved by the Village Board, if necessary to fulfill special considerations of the tower site. The construction materials shall consist of a brick exterior on all sides of the structures, However, different materials may be approved by the Village Board if they are determined to be more compatible with the surrounding land uses. (Am. Ord. #5-02)

(l)

Building Permit Required. After the conditional use permit and final site plans are approved, no tower or any type of structure shall be constructed until a building permit is reviewed, approved and issued from the Village Building Inspection Department.

(m)

Setbacks. All wireless communications facilities regulated by this section shall meet the required setback as determined by the Village Board and made a condition of the approved site plan. (Cr. Ord. #5-02)

(6)

MAINTENANCE AND OPERATIONAL REQUIREMENTS.

(a)

General Requirements. The wireless communication facility shall be maintained in accordance with all applicable local, State and Federal regulations. If the Building Inspector concludes that a tower or any other part of a wireless communication facility fails to comply with such codes and constitutes a danger to persons or property in the vicinity, the Village Building Inspector shall notify the owner or operator of the wireless communication facility of such fact. The notice shall be in writing and shall require the owner or operator to bring the facility into compliance with such codes within 30 days of the date of service of the notice. If the owner or operator fails to bring the wireless communication facility into compliance within the time provided, the Village Building Inspector may order the tower or other wireless communication facility to be removed to the extent necessary to protect persons or property in the vicinity. The cost of removing the tower or other portion of the wireless communication facility shall be at the owner's expense. The owner and the operator shall be responsible to maintain the premises upon which the wireless communication facility is located in a clean and sanitary condition.

(b)

Operator Interference. Operation of a tower facility shall be undertaken so as not to interfere with any other form of wireless communication. In the event any complaints of interference are received, and they are reasonably suspected by the Village to be caused by the tower, the Village shall notify the applicant and property owner. The applicant shall have a period of 30 days to investigate said complaints and respond to the Village of Germantown. In the event that it is determined that the tower is the source of interference, the applicant shall have 10 days to correct all problems.

(c)

Outdoor Storage Prohibited. No person shall store any vehicles, equipment or other goods on the site of the wireless communication facility except in an enclosed building. This section does not apply to overnight storage of vehicles or equipment necessary for the construction or repair of the wireless communication facility.

(7)

ABANDONED TOWERS AND ANTENNAS.

(a)

Evidence of Abandonment. An antenna or tower shall be deemed abandoned if any of the following shall occur:

1.

The antenna or tower is not operated for 6 continuous months.

2.

The owner or operator has notified the Village of Germantown that it has ceased operations of the antenna or tower.

(b)

Notification of Abandonment. The owner or operator of a wireless communication facility shall notify the Village Planning Department in writing whenever an antenna or tower is abandoned or its use discontinued. Such notice shall be given to the Planning Department within 30 days of such abandonment or discontinuance.

(c)

Removal of Abandoned Towers and Antennas. The owner and operator of an abandoned tower or antenna shall remove it from the wireless communications facility within 6 months after the tower or antenna is abandoned or its use discontinued. If the owner fails to remove the antenna, tower, or any other structure within that time, the Village shall remove the antenna, tower or any other structure at the owner's and operator's expense. In the event that the cost of removal is not paid, the Village may assess the cost of such removal against the property upon which the wireless communications facility is located.

(d)

Site Restoration. Whenever a tower is removed from a wireless communications facility, the remainder of the site shall be restored to its preexisting condition and all buildings, equipment and other devices accessory to the tower shall be removed from the site.

(e)

[Irrevocable Letter of Credit.] An applicant shall provide, as a condition of issuance of a conditional use permit, an irrevocable letter of credit or cash in. the amount of $25,000.00 to guaranty facilities removal and site restoration.

(8)

LEGAL NONCONFORMING FACILITIES. Preexisting towers, antenna support structures, antennas or wireless communication facilities which do not conform to the requirements of this chapter, shall be permitted to continue in accordance with the provisions of the zoning code of the Village of Germantown which deals with nonconforming buildings, structures and uses.

(9)

ENFORCEMENT. The provisions of this chapter shall be enforced by the Planning Department and the Village Building Inspector. Any person who violates any provision of this chapter shall, upon a conviction be subject to a penalty as detailed in section 25.04 of the Germantown Municipal Code.

State law references—Regulation of antennas, Wis. Stats. §§ 61.35, 62.23(7)(he), (7)(hf).