Ledgeview City Zoning Code
ARTICLE XXV
Telecommunications Antennas and Towers
§ 135-234 Definitions.
A.
B. ANTENNA APPLICANT APPLICATION BUILDING PERMIT CLASS 1 CO-LOCATION CLASS 2 CO-LOCATION CO-LOCATION DISTRIBUTED ANTENNA SYSTEM EQUIPMENT COMPOUND EXISTING STRUCTURE FALL ZONE MOBILE SERVICE(1) (2) (3) MOBILE SERVICE FACILITY MOBILE SERVICE PROVIDER MOBILE SERVICE SUPPORT STRUCTURE PERMIT RADIO BROADCAST SERVICE FACILITIES RADIO BROADCAST SERVICES RESPONSIBLE PARTY SEARCH RING SUBSTANTIAL MODIFICATION(1) (2) (3) (4) SUPPORT STRUCTURE UTILITY POLE ZONING ADMINISTRATOR ZONING AND PLANNING COMMISSION
Specific terms. The following terms and phrases shall have the following described meanings:
Communications equipment that transmits and receives electromagnetic radio signals and is used in the provision of mobile services.
The entity applying to the Town for the location of a mobile service support structure or mobile service facility in the Town.
An application for a permit under this article to engage in either:
A permit issued by Town that authorizes an applicant to conduct construction activity that is consistent with Town Building Code.
The placement of a new mobile service facility on an existing support structure such that the owner of the facility does not need to construct a freestanding support structure for the facility but does need to engage in substantial modification.
The placement on an existing support structure such that the owner of the facility does not need to construct a freestanding support structure for the facility or engage in substantial modification.
Either a Class 1 co-location or a Class 2 co-location, or both.
A network of spatially separated antenna nodes that is connected to a common source via a transport medium and that provides mobile service within a geographic area or structure.
An area surrounding or adjacent to the base of an existing support structure within which is located mobile service facilities.
A support structure that exists at the time a request for permission to place mobile service facilities on a support structure is filed with Town.
The area over which a mobile support structure is designed to collapse.
A radio communication service carried on between mobile stations or receivers and land stations, and by mobile stations communicating among themselves, as more specifically provided in 47 U.S.C. § 153(33), and includes:
Both one-way and two-way radio communications services;
A mobile service which provides a regularly interacting group of base, mobile, portable, and associated control and relay stations (whether licensed on an individual, cooperative, or multiple basis) for private one-way or two-way land mobile radio communications by eligible users over designated areas of operation; and
Any service for which a license is required in a personal communications service.
The set of equipment and network components, including antennas, transmitters, receivers, base stations, power supplies, cabling, and associated equipment, that is necessary to provide mobile service to a discrete geographic area, but does not include the underlying support structure.
A person who provides mobile service.
A freestanding structure that is designed to support a mobile service facility.
A permit, other than a building permit, or approval issued by the Town which authorizes any of the following activities by an applicant:
Commercial or noncommercial facilities, including antennas and antenna support structures, intended for the provision of radio broadcast services as allowed under § 66.0406, Wis. Stats.
The regular provision of a commercial or noncommercial service involving the transmission, emission, or reception of radio waves for the transmission of sound or images in which the transmissions are intended for direct reception by the general public.
The person associated with the applicant who is filing an application under this chapter and who has responsibility over the placement of the applicant's proposed mobile service support structure.
A shape drawn on a map to indicate the general area within which a mobile service support structure should be located to meet radio frequency engineering requirements, taking into account other factors, including topography and the demographics of the service area.
The modification of a mobile service support structure, including the mounting of an antenna on such a structure, that does any of the following:
For structures with an overall height of 200 feet or less, increases the overall height of the structure by more than 20 feet.
For structures with an overall height of more than 200 feet, increases the overall height of the structure by 10% or more.
Measured at the level of the appurtenance added to the structure as a result of the modification, increases the width of the support structure by 20 feet or more, unless a larger area is necessary for co-location.
Increases the square footage of an existing equipment compound to a total area of more than 2,500 square feet.
An existing or new structure that supports or can support a mobile service facility, including a mobile service support structure, utility pole, water tower, building, or other structure.
A structure owned or operated by an alternative telecommunications utility, as defined in Wisconsin Statutes; public utility, as defined in Wisconsin Statutes; telecommunications utility, as defined in Wisconsin Statutes; political subdivision; or cooperative association organized under Wisconsin Statutes; and that is designed specifically for and used to carry lines, cables, or wires for telecommunications service, as defined in Wisconsin Statutes; for video service, as defined in Wisconsin Statutes; for electricity; or to provide light.
The Town Zoning Administrator.
The Town of Ledgeview Zoning and Planning Commission.
§ 135-235 New construction.
A.
New construction. The siting and construction of a new mobile service support structure and mobile service facility shall be subject to the following requirements:
(1)
Application. The applicant shall submit a written application on forms provided by the Town which shall include all of the following information:
(a)
The name and business address of, and the contact individual for, the applicant.
(b)
The location of the proposed mobile service support structure.
(c)
The location of the proposed mobile service facility to be connected to the proposed mobile service support structure.
(d)
A construction plan which describes the mobile service support structure, equipment, network components, antennas, transmitters, receivers, base stations, power supplies, cabling, and related equipment to be placed on or around the new tower.
(e)
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 the responsible party attesting that co-location within the applicant's service area would not result in the same mobile service functionality, coverage, and capacity; is technically infeasible; or is economically burdensome.
(f)
The application hereunder shall be accompanied by a fee of $3,000. Costs incurred by the Town for publishing the public hearing notice and obtaining legal, planning, engineering and other technical and professional advice in connection with the review and implementation of the conditional use shall be charged separately and in addition to the application fee.
(2)
Determination of completeness.
(a)
The Town Zoning Administrator shall review the new construction application and determine whether the application is complete. If the application includes all of information required under Subsection A(1) above, the application shall be found to be complete.
(b)
The Zoning Administrator shall notify the applicant in writing within 10 days of receiving the application if it is found not to be complete, and such notice shall specify in detail the required information that was incomplete. Applicants are allowed to resubmit their applications as often as necessary until the application is determined to be complete.
(c)
When the new construction application is found to be complete, the Town Zoning Administrator shall refer the application to the Town Board and Town Zoning and Planning Commission for review in the manner provided herein.
(3)
Conditional use permit. All tower structures proposed to be located within the Town are a conditional use and are subject to review pursuant to the following procedures:
(a)
Zoning and Planning Commission review. Within 45 days after a complete application and all required information has been filed, the Zoning and Planning Commission shall review the application and make a recommendation to the Town Board based upon the requirements of this chapter and § 66.0404, Wis. Stats.
(b)
Public hearing. Following the Zoning and Planning Commission recommendation, proper posting and notification, a public hearing shall be held by the Town Board regarding the application pursuant to this chapter.
(c)
Requirements.
[1]
Conditional use status shall not be granted for the construction of a new mobile service support structure unless that structure's fall zone contains a sufficient radius of clear land around the structure so that its collapse shall be completely contained on the property, provided that if the applicant provides the Town with an engineering certification showing that the mobile service support structure is designed to collapse within a smaller area than the radius equal to the height of the structure, the smaller area shall be used unless the Town has and provides the applicant with substantial evidence that the applicant's engineering certification is flawed.
[2]
All facilities shall meet all state and federal codes.
(d)
Determination. Within 90 days after receipt of an application determined to be complete, the Town Board shall complete the following reviews or the applicant may consider the application approved, except that the applicant and Town may agree in writing to an extension of the ninety-day period.
[1]
Review the application to determine whether the application complies with all applicable aspects of the Town's Building Code and, subject to the limitations of § 66.0404, Wis. Stats., the Town Zoning Ordinance.
[2]
Make a final decision whether to approve or disapprove the application.
[3]
Notify the applicant, in writing, of the Town's final decision.
[4]
If the decision is to disapprove the application, include with the written notification substantial evidence which supports the decision.
B.
Limitations upon authority. The review of an application under this section shall be subject to the limitations imposed by § 66.0404(4), Wis. Stats.
§ 135-236 Co-location; modification.
A.
Co-location.
(1)
Class 1 co-location.
(a)
Application. The applicant shall submit a written application for a Class 1 co-location on forms provided by the Town which shall include all of the information required under the provisions of § 135-235A(1) above together with the following additional information:
(b)
Determination of completeness. The Town Zoning Administrator shall review the Class 1 Co-location application for completeness in the manner provided in § 135-235A(2)(a) and (b) above. An applicant may resubmit an application as often as necessary until it is complete.
(c)
Fee. The Class 1 co-location application fee shall be $3,000.
(d)
Conditional use permit. If the Zoning Administrator determines that the nature and scope of the proposed Class 1 co-location exceeds the then current conditional use permit for the mobile service support structure on which the Class 1 co-location is proposed, the completed application shall be referred to the Zoning and Planning Commission for review under, pursuant and subject to the provisions of § 135-235A(3).
(2)
Class 2 co-location.
(a)
Application. The applicant shall submit a written application for a Class 2 co-location on forms provided by the Town which shall include all of the information required under the provisions of § 135-235A(1) above.
(b)
Determination of completeness. The Town Zoning Administrator shall review the Class 2 co-location application for completeness. If any of the required information is not in the application, the political subdivision 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.
(c)
Determination. Within 45 days of its receipt of a complete application, the Town shall complete the following reviews of the Class 2 co-location application 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 review period:
[1]
Make a final decision whether to approve or disapprove the Class 2 co-location application.
[2]
Notify the applicant, in writing, of its final decision.
[3]
If the application is approved, issue the applicant the relevant permit.
[4]
If the decision is to disapprove the application, include with the written notification substantial evidence which supports the decision.
(d)
Fee. The Class 2 co-location application fee shall be based on the Town's current building permit fee schedule.
B.
Modification.
(1)
Nonsubstantial modification.
(a)
Application. The applicant that proposes a nonsubstantial modification of a mobile service support structure, including the mounting of an antenna on such a structure, shall submit a written application for such modification on forms provided by the Town which shall include all of the information required under the provisions of § 135-235A(1) above together with the following additional information:
[1]
The location of the proposed support structure.
[2]
The location of the proposed equipment compound.
[3]
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 that demonstrates that the proposed modification is not a substantial modification.
(b)
Fee. The fee for a nonsubstantial modification shall be based on the Town's current building permit fee structure.
(c)
Determination of completeness.
[1]
The Town Zoning Administrator shall review the nonsubstantial modification application for completeness. If any of the required information is not in the application, the political subdivision 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 a modification application as often as necessary until it is complete.
[2]
When the nonsubstantial modification application is found to be complete, the Town Zoning Administrator shall refer the application to the Town Building Inspector for issuance of the appropriate building permit.
(2)
Substantial modification.
(a)
Application. The applicant that proposes the substantial modification of a mobile service support structure, including the mounting of an antenna on such a structure, shall submit a written application for such modification on forms provided by the Town which shall include all of the information required under the provisions of § 135-235A(1) above together with 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.
(b)
Fee. The substantial modification application hereunder shall be accompanied by a fee of $3,000.
(c)
Determination of completeness.
[1]
The Town Zoning Administrator shall review the substantial modification application for completeness. If any of the required information is not in the application, the political subdivision 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 a substantial modification application as often as necessary until it is complete.
[2]
When the substantial modification application is found to be complete, the Town Zoning Administrator shall refer the application to the Town Board and Town Zoning and Planning Commission for review in the manner provided in § 135-235A(3) hereof.
(d)
Determination. Within 90 days after receipt of a substantial modification application determined to be complete, the Town Board shall complete the following reviews or the applicant may consider the application approved, except that the applicant and Town may agree in writing to an extension of the ninety-day period.
[1]
Review the application to determine whether the application complies with all applicable aspects of the Town's Building Code and, subject to the limitations of § 66.0404, Wis. Stats., the Town Zoning Ordinance.
[2]
Make a final decision whether to approve or disapprove the application.
[3]
Notify the applicant, in writing, of the Town's final decision.
[4]
If the decision is to disapprove the application, include with the written notification substantial evidence which supports the decision.
C.
Limitations upon authority. The review of an application under this section shall be subject to the limitations imposed by § 66.0404(4), Wis. Stats.
§ 135-237 Permitted uses.
A.
General. The uses listed in this section are deemed to be permitted uses and shall not require a conditional use permit. Nevertheless, all such uses shall comply with § 135-236 of this article and all other applicable articles.
B.
Class 1 co-location. A zoning permit is required for the siting, construction, or substantial modification of any new mobile service facility on an existing tower or alternative tower structure.
(1)
"New mobile service facility" means a freestanding structure that is designed to support a mobile service facility and the set of equipment and network components, including antennas, transmitters, receivers, base stations, power supplies, cabling, and associated equipment, that is necessary to provide mobile service to a discrete geographic area.
(2)
"Substantial modification of an existing support structure and mobile service facility" means the modification of a tower or alternative tower structure, including the mounting of an antenna on a structure that does any of the following:
(a)
For structures with an overall height of 200 feet or less, increases the overall height of the structure by more than 20 feet.
(b)
For structures with an overall height of more than 200 feet, increases the overall height of the structure by 10% or more. If a greater height is necessary to avoid interference with an existing antenna, the activity is not considered a substantial modification.
(c)
Measured at the level of the appurtenance added to the structure as a result of the modification, increases the width of the support structure by 20 feet or more, unless a larger area is necessary for co-location. If a greater protrusion is necessary to shelter the antenna from inclement weather or to connect the antenna to the existing structure by cable, the activity is not considered a substantial modification.
(d)
Increases the square footage of an existing equipment compound to a total area of more than 2,500 square feet.
(3)
A zoning permit application must be completed by any applicant and submitted to the department. The application must contain the following information, if applicable:
(a)
Scaled site plan, scaled elevation view, and other supporting drawings, calculations and other documentation, signed and sealed by appropriate licensed professionals, showing the location and dimensions of all improvements, including information concerning topography frequency coverage, antenna height, setbacks, drives, parking, fencing, landscaping, adjacent uses and other information deemed by the governing authority to be necessary to assess compliance with this article.
C.
Class 2 co-location. A zoning permit is required for a Class 2 co-location.
(1)
A zoning permit application must be completed by the applicant and submitted to the department. The application must contain the following information:
D.
Factors considered in granting zoning permits. The governing authority shall consider the following factors in determining whether to issue a permit, although the governing authority may waive or reduce the burden on the applicant of one or more of these criteria if the governing authority concludes that the goals of this article are better served thereby:
(1)
Capacity of the tower structure for additional antenna equipment to accommodate expansions or to allow for co-location of another provider's equipment.
(2)
Nature of uses on adjacent and nearby properties.
(3)
Surrounding topography.
(4)
Design of the tower, with particular reference to design characteristics that have the effect of reducing or eliminating visual obtrusiveness.
(5)
Proposed ingress and egress.
E.
Availability of suitable existing towers or other structures. No new tower shall be permitted unless the applicant demonstrates to the reasonable satisfaction of the governing authority that no existing tower or structure can accommodate the applicant's proposed antenna. Evidence submitted to demonstrate that no existing antenna or structure can accommodate the applicant's proposed antenna may consist of any of the following:
(1)
No existing towers or structures are located within the geographic area required to meet the applicant's engineering requirements.
(2)
Existing towers or structures are not of sufficient height to meet the applicant's engineering requirements.
(3)
Existing towers or structures do not have sufficient structural strength to support the applicant's proposed antenna and related equipment.
(4)
The applicant's proposed antenna would cause electromagnetic interference with the antenna on the existing towers or alternative tower structures, or the antenna on the existing towers or alternative tower structures would cause interference with the applicant's proposed antenna.
(5)
The fees, costs or contractual provisions required by the owner to share an existing tower or alternative tower structure or to adapt an existing tower or alternative tower structure for sharing are unreasonable. Costs exceeding new tower development are presumed to be unreasonable.
(6)
The applicant demonstrates that there are other limiting factors that render existing towers and alternative tower structures unsuitable.
F.
Setbacks and separation. The following setbacks and separation requirements shall apply to all towers and alternative tower structures; provided, however, that the governing authority may reduce the standard setbacks and separation requirements if the goals of this article would be better served thereby:
G.
Landscaping. The following requirements shall govern the landscaping surrounding towers and alternative tower structures; provided, however, that the governing authority may waive such requirements if the goals of this article would be better served thereby;
(1)
Equipment compounds shall be landscaped with a mixture of deciduous and evergreen trees and shrubs that effectively screen the view of the equipment compound from adjacent property. The standard buffer shall consist of a landscaped strip at least four feet wide outside the perimeter of the compound.
(2)
In locations where the visual impact of the tower or alternative tower structure would be minimal, the landscaping requirement may be revised.
H.
Existing mature tree growth and natural land forms on the site shall be preserved to the maximum extent possible. In some cases, such as towers and alternative tower structures sited on large wooded lots, natural growth around the property perimeter may be a sufficient buffer.
§ 135-239 Removal of abandoned antennas and towers.
Any antenna or tower that is not operated for a continuous period of 12 months shall be considered abandoned, and the owner of such antenna or tower shall remove the same within 90 days of receipt of notice from the governing authority notifying the owner of such abandonment. If such antenna or tower is not removed within said 90 days, the governing authority may remove such antenna or tower at the expense of the tower or antenna owner or at the expense of the property owner in the case where the owner of the tower or antenna is leasing the property upon which the tower or antenna is installed. If there are two or more users of a single tower, then this provision shall not become effective until all users cease using the tower.