Peshtigo Town City Zoning Code

ARTICLE IX

ANTENNAS; WIND ENERGY SYSTEMS; WIRELESS TELECOMMUNICATIONS SYSTEMS

Sec. 60-217. Wind energy systems—Conditional use permits required.

Definitions. The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning:

Wind energy systems means windmills which are used to produce electrical or mechanical power. Wind pond aerators are exempt from this section.

Approval required. No owner shall, within the town, build, construct, use or place any type or kind of wind energy system without holding the appropriate conditional use permit for said system.

Separate permit required for each system. A separate conditional use permit shall be required for each system. Said permit shall be applicable solely to the systems, structures, use and property described in the permit.

Basis of approval. The town board shall base its determinations on general considerations as to the effect of such grant on the health, general welfare, safety and economic prosperity of the town and, specifically, of the immediate neighborhood in which such use would be located, including such considerations as the effect on the established character and quality of the area, its physical attractiveness, the movement of traffic, the demand for related services, the possible hazardous, harmful, noxious, offensive or nuisance effect as a result of noise, dust, smoke or odor and such other factors as would be appropriate to carry out the intent of this chapter.

(Code 2006, § 13-1-130)

Effective on: 1/1/1901

Sec. 60-218. Same—Permit procedure.

Application. The permit application for a wind energy system shall be made to the town clerk on forms provided by the town. The application shall include the following information:

1.
The name and address of the applicant.
2.
The address of the property on which the system will be located.
3.
Applications for the erection of a wind energy conversion system shall be accompanied by a plat or survey for the property to be served showing the location of the generating facility and the means by which the facility will provide power to structures. If the system is intended to provide power to more than one premises, the plat or survey shall show all properties to be served and the means of connection to the wind energy conversion system. The application shall further indicate the level of noise to be generated by the system and provide assurances as to the safety features of the system.
4.
An accurate and complete written description of the use for which the special grant is being requested, including pertinent statistics and operational characteristics.
5.
Plans and other drawings showing proposed development of the site and buildings, including landscape plans, location of parking and service areas, driveways, exterior lighting, type of building material, etc., if applicable.
6.
Any other information which the plan commission, town board or building inspector may deem to be necessary to the proper review of the application.
7.
The plan commission shall review the application and, if the application is complete and contains all required information, shall refer it to the town board with a recommendation.

Hearing. Upon referral of the application, the town board shall schedule a public hearing thereof following the procedures for conditional use permits in Article V of this chapter.

Determination. Following public hearing and necessary study and investigation, the town board shall, as soon as practical, render its decision and a copy be made a permanent part of the board's minutes. Such decision shall include an accurate description of the special use permitted, of the property on which permitted, and any and all conditions made applicable thereto, or, if disapproved, shall indicate the reasons for disapproval. The town board may impose any conditions or exemptions necessary to minimize any burden on the persons affected by granting the special use permit.

Termination. When a special use does not continue in conformity with the conditions of the original approval, or where a change in the character of the surrounding area or of the use itself cause it to be no longer compatible with surrounding areas, or for similar cause based upon consideration for the public welfare, the special grant may be terminated by action of the town board following a public hearing thereon.

Changes. Subsequent change or addition to the approved plans or use shall first be submitted for review to the plan commission and if, in the opinion of the plan commission, such change or addition constitutes a substantial alteration, the plan commission shall recommend that a public hearing before the town board shall be held and notice thereof be given. The town board shall then make a determination on the matter.

Approval does not waive permit requirements. The approval of a permit under this article shall not be construed to waive the requirement to obtain electrical, building or plumbing permits prior to installation of any system.

(Code 2006, § 13-1-131)

Effective on: 1/1/1901

Sec. 60-219. Specific requirements regarding wind energy systems.

Additional standards. Wind energy conversion systems, commonly referred to as windmills, which are used to produce electrical power, shall also satisfy the requirements of this section in addition to those found elsewhere in this article.

Application. Applications for the erection of a wind energy conversion system shall be made per section 60-218(a)(3).

Construction. Wind energy conversion systems shall be constructed and anchored in such a manner to withstand wind pressure of not less than 40 pounds per square foot in area.

Noise. The maximum level of noise permitted to be generated by a wind energy conversion system shall be 50 decibels, as measured on a dBA scale, measured at the lot line.

Electromagnetic interference. Wind energy conversion system generators and alternators shall be filtered and/or shielded so as to prevent the emission of radio-frequency energy that would cause any harmful interference with radio and/or television broadcasting or reception. In the event that harmful interference is caused subsequent to the granting of a conditional use permit, the operator of the wind energy conversion system shall promptly take steps to eliminate the harmful interference in accordance with Federal Communications Commission regulations.

Location and height. Wind energy conversion systems shall be located in the rear yard only and shall meet all setback and yard requirements for the district in which they are located and, in addition, shall be located not closer to a property boundary than a distance equal to their height. Wind energy conversion systems are exempt from the height requirements of this chapter; however, all such systems over 75 feet in height shall submit plans to the Federal Aviation Administration (FAA) to determine whether the system is to be considered an object affecting navigable air space and subject to FAA restrictions. A copy of any FAA restrictions imposed shall be included as a part of the wind energy conversion system conditional use permit application.

Fence required. All wind energy conversion systems shall be surrounded by a security fence not less than six feet in height. A sign shall be posted on the fence warning of high voltages.

(Code 2006, § 13-1-132)

Effective on: 1/1/1901

Sec. 60-220. Telecommunications antennas and towers.

Secs. 60-221—60-248. Reserved.

Effective on: 1/1/1901

A

Alternative tower structure means manmade structures such as elevated tanks, electric utility transmission line towers, nonresidential buildings, and similar alternative-design structures that camouflage or conceal the presence of antennas or towers. Freestanding signs are considered to be alternative tower structures.

Effective on: 1/1/1901

Antenna

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

Effective on: 1/1/1901

C

Collocated telecommunications facility means a telecommunications facility comprised of a single telecommunications tower or alternative support structure supporting multiple antennas, dishes, or similar devices owned or used by more than one public or private entity.

Effective on: 1/1/1901

FAA

FAA means the Federal Aviation Administration.

Effective on: 1/1/1901

F

FCC means the Federal Communications Commission.

Effective on: 1/1/1901

G

Governing authority means the governing authority of the town.

Effective on: 1/1/1901

H

Height means, when referring to a tower or other structure, the distance measured from ground level to the highest point on the tower or other structure, even if said highest point is an antenna.

Effective on: 1/1/1901

L

Lattice tower means a telecommunications tower that consists of vertical and horizontal supports and metal braces.

Effective on: 1/1/1901

M

Monopole means a telecommunications tower of a single pole design.

Effective on: 1/1/1901

P

Preexisting towers and antennas means any tower or antenna for which a permit has been properly issued prior to the effective date of this article.

Effective on: 1/1/1901

T

Telecommunication support facility means the telecommunications support buildings and equipment cabinets located at a telecommunications facility, either on the ground or within or on an alternative support structure, which house the electronic receiving and relay equipment.

Effective on: 1/1/1901

T

Telecommunications facility means a facility, site, or location that contains one or more antennas, telecommunications towers, alternative support structures, satellite dish antennas, other similar communication devices, and support equipment which is used for transmitting, receiving or relaying telecommunications signals, excluding those facilities exempted under subsection (d) of this section.

Effective on: 1/1/1901

T

Tower means any structure that is designed and constructed primarily for the purpose of supporting one or more antennas, including self-supporting lattice towers, guy towers, or monopole towers. The term includes radio and television transmission towers, microwave towers, common-carrier towers, cellular telephone towers, PCS towers, alternative tower structures and the like.

Effective on: 1/1/1901

W

Wireless telecommunications means any of the following:

(1)
Commercial mobile services defined as for-profit mobile services available to the public or a substantial portion of the public and providing the ability to access or receive calls from the public switched telephone network. Examples include personal communications services, cellular radio mobile services, and paging.
(2)
Specialized mobile radio (SMR) service licenses provide land mobile communications on a commercial (i.e., for profit) or private basis.
(3)
Broadband cellular personal communication systems (PCS) which are very similar to cellular systems, but operate in a higher frequency band.
(4)
Unlicensed wireless services which are services that do not require licenses from the Federal Communications Commission (FCC), but are deployed through equipment that is authorized by the FCC. Direct-to-home satellite services are excluded from this definition.
(5)
Common carrier wireless exchange access services which are services designed as competitive alternatives to traditional wire line local exchange providers.

Effective on: 1/1/1901

B

Purpose and intent. The purpose and intent of this section is to provide a uniform and comprehensive set of standards for the development and installation of wireless telecommunications and related facilities. The regulations contained herein are designed to protect and promote public health, safety, community welfare and the aesthetic quality of the town as set forth within the goals, objectives and policies of the town zoning code, to encourage managed development of telecommunications infrastructure, while at the same time not unduly restricting the development of needed telecommunications facilities. It is intended that the town shall apply these regulations to accomplish the following:

1.
Minimize adverse visual effects of telecommunications tower, antenna and related facilities through design height and siting standards.
2.
Encourage the location of towers in nonresidential areas.
3.
Minimize the total number of towers throughout the community.
4.
Maintain and ensure that a non-discriminatory, competitive and broad range of telecommunications services and high-quality telecommunications infrastructure consistent with the Federal Telecommunications Act of 1996, 47 USC 151 et seq., are provided to serve the community, as well as serve as an important and effective part of the town's police, fire and emergency response network.
5.
Provide a process for obtaining necessary permits for telecommunication facilities while at the same time protecting the legitimate interests of the town's citizens.
6.
Protect environmentally sensitive areas of the town by regulating the location, design and operation of telecommunications facilities.
7.
Strongly encourage the joint use of new and existing tower sites.

Conditional use permit requirement. Telecommunications facilities, telecommunications support facilities, and telecommunications towers are permitted as a conditional use in the following districts:

1.
Agricultural.
2.
Commercial.
3.
Industrial.

Uses/structures exempt from conditional use permit requirement. The following shall be permitted without a conditional use permit, provided that the primary use of the property is not a telecommunications facility and that the antenna use is accessory to the primary use of the property. The following shall be exempt from the requirement to obtain a conditional use permit, unless otherwise noted:

1.
The use of receive-only television antennas and satellite dishes.
2.
Regarding amateur radio and/or receive-only antennas. This article shall not govern the installation of any antenna that is owned and/or operated by a federally licensed amateur radio operator or is used exclusively for receive-only purposes.
3.
Mobile services providing public information coverage of news events of a temporary or emergency nature.
4.
Freestanding antennas (e.g., ground-mounted antenna) not supported on or attached to a building and their support towers, poles or masts when the overall height of the antennas and their supporting structures do not exceed a height of 50 feet above the original grade at the site of the installation and when said freestanding antenna, support tower, pole or mast is not closer than 1,000 feet to another exempt freestanding antenna, support tower, pole or mast.
5.
Regarding preexisting towers and antennas. Any tower or antenna for which a permit has been properly issued prior to the effective date of this article shall not be required to meet the requirements of this article. Any such towers or antennas shall be referred to in this article as preexisting towers or preexisting antennas.
6.
Antennas installed on an existing telecommunications tower or on, or attached to, any existing building (e.g., building-mounted antenna) or alternative support structure when the height of the antenna and its supporting tower, pole or mast is 30 feet or less above the highest part of the building or alternative support structure to which it is attached.
7.
Utility pole-mounted antennas if the height of the antenna is 30 feet or less above the highest part of the utility pole.

Conditional use application.

1.
Submittal information. For all telecommunications facilities, except exempt facilities as listed in subsection (d) of this section, the town shall require the following information to accompany every application. Said information shall include, but may not be limited to:
1. a.
  Completed conditional use application and conditional use fee.
2. b.
  An informational report the purpose of which is to provide the town with accurate and current information concerning the telecommunications facility owners and providers who offer or provide telecommunications services within the community to assist the town in monitoring compliance with local, state and federal laws. All telecommunications tower owners of any new telecommunications tower shall submit to the plan commission a telecommunications facility information report. The report shall include the tower owner's name, addresses, telephone number, contact person, and proof of bond as security for removal. The tower owner shall supply the tower height or current occupancy, if applicable, and the number of collocation positions designated, occupied or vacant, per subsection (e)(2) of this section.
3. c.
  Original signature of applicant and owner. If the telecommunications facility is located in an easement, the beneficiaries of the easement and underlying property owner must authorize the application.
4. d.
  The identity of the carrier, provider, applicant, landowner and service provider and their legal status.
5. e.
  The name, address and telephone number of the officer, agent and/or employee responsible for the accuracy of the application.
6. f.
  A plat of survey showing the parcel boundaries, tower, facilities, location, access, landscaping, fencing, and the state registration stamp of the land surveyor.
7. g.
  A written legal description of the site prepared by a land surveyor registered in the state.
8. h.
  In the case of a leased site, a lease agreement, option or binding lease memorandum which shows on its face that it does not preclude the lessee from entering into leases on the site with other provider and the legal description and amount of property leased. The lease shall not be structured so as to create a bar to collocation of other providers. Collocation lease terms, including rent, shall be subject to arbitration, as set forth elsewhere herein, in the event the parties are unable to reach agreement on the issue of rent or other terms.
9. i.
  A description of the telecommunications service that the applicant offers or provides to persons.
10. j.
  Federal Communications Commission (FCC) license numbers and registration numbers, if applicable.
11. k.
  The owner of any telecommunications tower shall provide to the town prior to the issuance of the conditional use permit or the issuance of a building permit, copies of Finding of No Significant Impacts (FONSI) statement from the Federal Communications Commission (FCC).
12. l.
  An alternatives analysis shall be prepared by the actual applicant or on behalf of the applicant by its designated technical representative, except for exempt facilities as defined in subsection (d) of this section, subject to the review and approval of the plan commission, which identifies at least three sites, technically feasible alternative locations and/or facilities which could provide the proposed telecommunications service. The intention of the alternative analysis is to present alternative strategies which could minimize the number, size, and adverse environmental impacts of facilities necessary to provide the needed services to the town. The analysis shall address the potential for collocation and the potential to locate facilities as close as possible to the intended service area. It shall also explain the rationale for selection of the proposed site in view of the relative merits of any of the feasible alternatives. Approval of the project is subject to the determination of the plan commission that the site applied for is more advantageous than any available, feasible alternative site. Sites on prime agricultural land shall be located to have the least negative impact on agricultural uses. The town may require independent verification of this analysis at the applicant's expense.
13. m.
  Plans indicating security measures (e.g., access, fencing, lighting, etc.).
14. n.
  Plans shall include a tabular and map inventory of all of the applicant's existing telecommunications facilities that are located within the town and including all of the applicant's existing facilities within 1,500 feet of the town's boundary. The inventory shall specify the location, height, type, and design of each of the applicant's existing telecommunications facilities, and the ability of the tower or antenna structure to accommodate additional collocation antennas.
15. o.
  The owner of any telecommunications tower shall provide to the town, prior to the issuance of the conditional use permit or the issuance of a building permit, a report prepared by an engineer licensed by the state certifying the structural design of the tower and its ability to accommodate additional antennas.
16. p.
  Proof of liability coverage.
17. q.
  Certified statement from a radio frequency engineer showing the coverage of the proposed facility and coverage area.
18. r.
  Copies of an affidavit of notification indicating that the airport operator and airport property owners within the areas limiting telecommunications facility locations have been notified via certified mail.
19. s.
  Copies of the determination of no hazard from the Federal Aviation Administration (FAA) including any aeronautical study determination or other findings and the state bureau of aeronautics, if applicable.
20. t.
  The owner of any telecommunications tower shall provide to the town prior to the issuance of the conditional use permit or the issuance of a building permit, copies of any environmental assessment (EA) reports on Form 600 or Form 854 submitted to the Federal Communications Commission (FCC), if applicable.
21. u.
  Copies of any filings relating to any telecommunications facility located in the county submitted to the Federal Communications Commission (FCC) shall be submitted within 30 days of filing.
22. v.
  Any environmental impact statements that may be required.
23. w.
  Such other information as the plan commission may reasonably require to complete processing the application.
2.
Collocation. All telecommunications facilities issued a conditional use permit on or after the effective date of this section and any telecommunications facility previously issued a conditional use permit requiring collocation sites shall make available unused space for collocation of other telecommunications facilities, including space for those entities providing similar, competing services. Collocation is not required if the host facility can demonstrate that the addition of the new service or facilities would impair existing service or cause the host to go offline for a significant period of time, such as would be occasioned by requiring a replacement tower or reconstruction of an existing tower to facilitate collocation. In general, it is anticipated that collocation will not result in any disruption of service. All collocated and multiple-user telecommunications facilities shall be designed to promote site sharing telecommunications towers and necessary appurtenances, including, but not limited to, parking areas, access roads and utilities shall be shared by the site users whenever possible. Space shall be reasonably available to collocators.
3.
Technical review. The plan commission, upon direction of the town board, shall employ on behalf of the town an independent technical expert to review materials submitted in those cases where a technical demonstration of unavoidable need or unavailability of alternatives has been determined necessary. The applicant may provide a list of experts/consultants to the plan commission; the plan commission, however, shall not be bound to employ the experts/consultants so named. The applicant shall pay all the costs of said review. The payment to the plan commission shall be due upon receipt of the invoice. All invoices, fees and charges accumulated for the technical review must be paid in full prior to the issuance of the conditional use permit.

Conditional use, structural, design and environmental standards.

1.
Compliance with FCC regulations. All telecommunications facilities shall comply at all times with all Federal Communications Commission (FCC) rules, regulations, and standards. To that end, no telecommunications facility or combination of facilities shall produce at any time power densities in any inhabited area that exceed the Federal Communications Commission (FCC) adopted standard for human exposure, as amended, or any more restrictive standard subsequently adopted or promulgated by the federal government. All telecommunications towers and antennas shall meet or exceed the standards and regulations, in place at the time of the issuance of the conditional use permit, of the Federal Aviation Administration (FAA), the state bureau of aeronautics, Occupational Safety and Health Administration (OSHA), the Federal Communications Commission (FCC) and any other agency of the state and/or federal government with the authority to regulate towers and antennas. Determinations by the state or federal agencies responsible for enforcing the regulations set forth above shall be binding on the applicant and the town.
2.
Materials used in towers. Telecommunications towers shall be constructed of metal or other nonflammable material, unless specifically permitted by the town to be otherwise.
3.
Ground-mounted tower design. All ground-mounted telecommunications towers shall be self-supporting monopoles or lattice towers.
4.
Parabolic antenna location. Satellite dish and parabolic antennas shall be situated as close to the ground as possible to reduce visual impact without compromising their functions.
5.
Support facilities. Telecommunications support facilities (e.g., equipment rooms, utilities, and equipment enclosures) shall be constructed of nonreflective materials on visible exterior surfaces only. Telecommunications support facilities shall be no taller than 15 feet in height, measured from the original grade at the base of the facility to the top of the structure, and shall be designed to blend with existing architecture in the area or shall be screened from sight by mature landscaping as required in subsection (f)(13)a of this section, and shall be located or designed to minimize their visibility. Telecommunications support facilities for all tower users at one telecommunications facility shall not exceed a total of 1,000 square feet of floor area.
6.
Code compliance. Telecommunications facilities and antennas shall be designed and constructed in accordance with the state uniform building code (Wis. Admin. Code § Comm 21.01 et seq.), uniform plumbing code (Wis. Admin. Code § Comm 25.01 et seq.); uniform mechanical code (Wis. Admin. Code § Comm 23.01 et seq.), uniform fire code (Wis. Admin. Code § Comm 14.001 et seq.), National Electrical Code (NEC), Electronic Industries Association (EIA), American National Steel Institute Standards (ANSI), and American National Standards Institute (ANSI), in effect at the time of manufacture. The owner of a telecommunications facility or antenna shall submit to the plan commission a statement of compliance with the codes set forth herein.
7.
Antenna height on roof platforms. The maximum height of an antenna platform located on a roof top shall be 20 feet above the roof.
8.
Interference with safety facilities. Telecommunications facilities shall not interfere with or obstruct existing or proposed public safety, fire protection or supervisory controlled automated data acquisition (SCADA) operation telecommunications facilities. Any actual interference and/or obstruction shall be corrected by the applicant at no cost to the town.
9.
Height.
1. a.
  The height of a telecommunications tower shall be measured from the original grade at the base of said tower to the highest part of the tower itself. In the case of building mounted towers, the height of the tower includes the height of the portion of the building on which it is mounted. In the case of crank up or other similar towers whose height can be adjusted, the height of the tower shall be the maximum height to which it is capable of being raised.
2. b.
  Towers shall be permitted to a maximum height of 199 feet, including antennas. Unless permitted by the plan commission after review, towers shall be constructed so as to accommodate a minimum of three collocation sites.
3. c.
  Collocation sites need not be available on the tower as initially placed or constructed, provided that the tower will support at the specified maximum height later the addition of at least three collocation sites.
4. d.
  Notwithstanding the height and number of collocation sites on the tower as initially placed or constructed, the tower design approved and permitted shall be for a tower capable of extension to 199 feet in height, including the required collocation sites.
5. e.
  The plan commission may vary the above requirements if use of a monopole is a condition of the permit.
10.
Extension/modification to towers. Any extension or modification of existing telecommunications towers shall require a conditional use permit.
11.
Lighting.
1. a.
  Telecommunications towers shall be lighted in accordance with rules of the Federal Aviation Administration (FAA) or other applicable regulatory authority. The plan commission may require lighting of towers in areas subject to localized air traffic concerns such as crop dusting.
2. b.
  When the Federal Aviation Administration (FAA) requires lighting under this subsection, strobe lights will not be permitted.
12.
Site development, roads and parking. A leased parcel intended for the location of new telecommunications facilities and telecommunications support facilities shall be located so as to permit expansion for telecommunications support facilities to serve all potential collocators. A parcel owner by the telecommunications carrier and/or provider and intended for the location of new telecommunications facilities and telecommunications support facilities shall meet the minimum size requirement of the zoning district. All sites must be served by an easement sufficient to provide a turnaround and shall use existing access points and highways whenever possible. The access point to the site shall be approved by the county highway department, state department of transportation, or under section 44-107, depending on the highway jurisdiction.
13.
Vegetation protection and facility screening.
1. a.
  Except as to exempt facilities defined in subsection (d) of this section, all telecommunications facilities shall be installed in such a manner so as to minimize disturbance to existing native vegetation and shall include suitable mature landscaping to screen the facility, where necessary. For purposes of this subection, the term "mature landscaping" shall mean trees, shrubs or other vegetation of a minimum initial height of five feet that will provide the appropriate level of visual screening immediately upon installation.
2. b.
  Upon project completion, the owner/operator of the facility shall be responsible for maintenance and replacement of all required landscaping as long as a telecommunications facility is maintained on the site.
14.
Fire prevention. All telecommunications facilities shall be designed and operated in accordance with all applicable codes regarding fire prevention.
15.
Noise and traffic. All telecommunications facilities shall be constructed and operated in such a manner as to minimize the amount of disruption caused to nearby properties. To that end, all of the following measures shall be implemented for all telecommunications facilities, except exempt facilities as defined in subsection (d) of this section:
1. a.
  Noise-producing construction activities shall take place only on weekdays (Monday through Friday, non-holiday) between the hours of 6:00 a.m. and 6:00 p.m., except in times of emergency repair; and
2. b.
  Backup generators shall be operated only during power outages and for testing and maintenance purposes.

Separation and setback requirements, except for exempt facilities as defined in subsection (d) of this section.

1.
Minimum separation between telecommunications towers (by tower type).
1. a.
  Proposed tower types. Lattice-monopole which is 85 feet in height or greater:
  1. 1.
    Lattice: 2,640 feet;
  2. 2.
    Monopole: 85 feet in height or greater.
2. b.
  Notwithstanding the above separations, two telecommunications towers may be permitted to be located within 100 feet of each other subject to conditional use review and approval of the plan commission and subject to meeting the setback requirements.
3. c.
  Camouflaged towers are exempt from the separation between telecommunications tower requirements listed above.
2.
Setbacks. All setbacks shall be measured from the base of the tower or structure. Notwithstanding any other provisions of this subsection, the following minimum setbacks shall apply unless a greater distance is established by the plan commission in a conditional use permit:
1. a.
  Setbacks from all habitable residential buildings (except buildings located on the subject parcel). All new towers shall be set back a distance at least 125 percent of the height of the tower.
2. b.
  Setbacks from all historic sites and districts. All new towers shall be set back a distance at least 125 percent of the height of the tower from historic sites and districts.
3. c.
  Setback from the highway rights-of-way. Notwithstanding other provisions of the zoning code, a tower shall be set back from all traveled portions of a street or highway a distance not less than 125 percent its height.
4. d.
  Setbacks from property lines. All new towers shall be set back a minimum of the height of the tower from all property lines. (This requirement does not apply to the boundary of the leased parcel unless the leased parcel boundary is also a property line.)
5. e.
  Placement by residences. So as to minimize the potential diminution of property value of neighboring properties, and recognize the economic value of a tower lease to the host property, telecommunications towers shall not be placed closer to a residence existing on January 31, 2002, on neighboring properties than the distance of the tower from the residence or principal structure on the host property. In the event the proposed tower is more than one-fourth mile from such existing residence on a neighboring property, the plan commission may, in its discretion, waive the applicability of this subsection.
6. f.
  Industrial zone setbacks. The plan commission may approve setbacks in an industrial zone less than set forth in subsection (g)(2)a through e of this section, except no such reduction may be allowed in a setback from a habitable residential building.

Removal/security for removal.

1.
Removal policy.
1. a.
  It is the express policy of the town and this section that telecommunications towers be removed once they are no longer in use and not a functional part of providing telecommunications service. It is the telecommunication provider's responsibility to notify the town 60 days prior to the discontinued use of the tower.
2. b.
  Upon discontinued use of the tower, it is the telecommunication provider's responsibility to remove such tower and restore the site to its original condition or a condition approved by the plan commission. This restoration shall include removal of any subsurface structure or foundation, including concrete, used to support the telecommunications tower down to five feet below the surface.
3. c.
  After a telecommunications tower is no longer in operation, the provider shall have 180 days to effect removal and restoration. Permittee shall record a document with the county register of deeds showing the existence of any subsurface structure remaining below grade. Such recording shall accurately set forth the location and describe the remaining structure.
2.
Security for removal. The owner of any telecommunications tower shall provide to the town, prior to the issuance of the conditional use permit or the issuance of a building permit, a performance bond in an amount based on a written estimate of a qualified remover of said types of structures, or in an amount as provided in the town bond schedule, available in the office of the town clerk, whichever is less, to guarantee that the telecommunications tower will be removed when no longer in operation. The town will be named as obligee in the bond and must approve the bonding company. The town may require an increase in the bond amount after five year intervals to reflect increases in the consumer price index. The provider shall supply any increased bond within a reasonable time, not exceeding 60 days, after the town's request. A permittee may submit a letter of credit in the amount set forth above, or, in the alternative, a permittee with several sites in the town may submit a master bond to cover all of said sites. A master bond or a letter of credit may, in the town's discretion, be in an amount sufficient to secure removal from one site if the master bond or letter of credit provides for replenishing, any amount used as the master bond or letter of credit covers any other site in the town.

Compliance.

1.
Revocation. Grounds for revocation of the conditional use permit shall be limited to one of the following findings:
1. a.
  The owner of such site, service provider and/or tower owner fails to comply with the requirements of this section as it existed at the time of the issuance of the conditional use permit.
2. b.
  The permittee has failed to comply with the conditions imposed by the conditional use permit.
2.
Revocation process.
1. a.
  The owner of such site, service provider and/or tower owner shall be notified by certified mail of noncompliance by the town clerk of the town.
2. b.
  The owner shall comply with such notice within 30 days to the satisfaction of the town board of the town.
3. c.
  If compliance is not obtained within 30 days, the town clerk shall notify the town board of the noncompliance and request permission to proceed with the revocation process. This time period may be extended to adjust for seasonal limitations or other legitimate factors.
4. d.
  The town board shall upon request of the town clerk set a public hearing date for the revocation of the conditional use permit and publish a Class 2 notice of the date, time, and place of the hearing pursuant to Wis. Stats. ch. 985.
5. e.
  A copy of the notice of hearing shall also be mailed certified mail, return receipt requested, to the owner of record of the telecommunications facility at least two weeks before the hearing.
6. f.
  The zoning administrator for the town shall appear at the hearing before the town board to present the evidence of noncompliance. Any other interested parties may also give testimony to the town board.
7. g.
  A written decision of the town board shall be issued and mailed to the owner of record of the telecommunications facility (certified mail; return receipt requested) within 14 days of the revocation hearing.

Conditional use permit application process under this section.

1.
Application.
1. a.
  The application for a conditional use permit under this section shall be filed with the town plan commission on a form so prescribed by the town.
2. b.
  The application shall be accompanied by such plans and/or data prescribed by this section and shall include a statement in writing by the applicant and adequate evidence showing that the proposed conditional use will conform to the standards set forth in the respective zoning districts. The applicant shall be responsible for providing to the town clerk the names, mailing addresses and parcel number of all property owners within 300 feet of the perimeter property line as it exists at the time of the application for conditional use. This requirement does not apply to the boundary of a leased parcel unless the leased parcel boundary is also a property line.
3. c.
  Conditional use applications shall be reviewed by the plan commission and a written recommendation submitted thereon to the town board. In order to secure evidence upon which to base its recommendation, the plan commission may require, in addition to the information required for a conditional use permit, the submission of plans of buildings, arrangement of operations, plat of grounds showing location of buildings, stockpiles, equipment storage, fences or screens, specifications of operations, parking areas, traffic access, open spaces, landscaping and any other pertinent information that may be necessary to determine if the proposed use meets the requirements of the section.
2.
Hearing on application. Upon receipt in proper form of the written recommendation from the plan commission, the town board shall hold at least one public hearing on the proposed conditional use. Notice of such public hearing specifying the time, place and matters to come before the town board shall be given as a Class 1 notice as referred to in Wis. Stats. ch. 985. Due written notice of the hearing via U.S. mail shall be given to the property owner and applicant as well as owners of property within 300 feet of the property line upon which the conditional use is being proposed.
3.
Fee. There shall be an application fee for a conditional use permit as prescribed in the town fee schedule, available in the office of the town clerk.

(Code 2006, § 13-1-133)

Effective on: 1/1/1901

Peshtigo Town City Zoning Code

ARTICLE IX

ANTENNAS; WIND ENERGY SYSTEMS; WIRELESS TELECOMMUNICATIONS SYSTEMS

Sec. 60-217. Wind energy systems—Conditional use permits required.

Wind energy systems means windmills which are used to produce electrical or mechanical power. Wind pond aerators are exempt from this section.

Approval required. No owner shall, within the town, build, construct, use or place any type or kind of wind energy system without holding the appropriate conditional use permit for said system.

(Code 2006, § 13-1-130)

Effective on: 1/1/1901

Sec. 60-218. Same—Permit procedure.

Application. The permit application for a wind energy system shall be made to the town clerk on forms provided by the town. The application shall include the following information:

1.
The name and address of the applicant.
2.
The address of the property on which the system will be located.
3.
Applications for the erection of a wind energy conversion system shall be accompanied by a plat or survey for the property to be served showing the location of the generating facility and the means by which the facility will provide power to structures. If the system is intended to provide power to more than one premises, the plat or survey shall show all properties to be served and the means of connection to the wind energy conversion system. The application shall further indicate the level of noise to be generated by the system and provide assurances as to the safety features of the system.
4.
An accurate and complete written description of the use for which the special grant is being requested, including pertinent statistics and operational characteristics.
5.
Plans and other drawings showing proposed development of the site and buildings, including landscape plans, location of parking and service areas, driveways, exterior lighting, type of building material, etc., if applicable.
6.
Any other information which the plan commission, town board or building inspector may deem to be necessary to the proper review of the application.
7.
The plan commission shall review the application and, if the application is complete and contains all required information, shall refer it to the town board with a recommendation.

Hearing. Upon referral of the application, the town board shall schedule a public hearing thereof following the procedures for conditional use permits in Article V of this chapter.

(Code 2006, § 13-1-131)

Effective on: 1/1/1901

Sec. 60-219. Specific requirements regarding wind energy systems.

Application. Applications for the erection of a wind energy conversion system shall be made per section 60-218(a)(3).

Construction. Wind energy conversion systems shall be constructed and anchored in such a manner to withstand wind pressure of not less than 40 pounds per square foot in area.

Noise. The maximum level of noise permitted to be generated by a wind energy conversion system shall be 50 decibels, as measured on a dBA scale, measured at the lot line.

Fence required. All wind energy conversion systems shall be surrounded by a security fence not less than six feet in height. A sign shall be posted on the fence warning of high voltages.

(Code 2006, § 13-1-132)

Effective on: 1/1/1901

Sec. 60-220. Telecommunications antennas and towers.

Secs. 60-221—60-248. Reserved.

Effective on: 1/1/1901

A

Effective on: 1/1/1901

Antenna

Effective on: 1/1/1901

C

Effective on: 1/1/1901

FAA

FAA means the Federal Aviation Administration.

Effective on: 1/1/1901

F

FCC means the Federal Communications Commission.

Effective on: 1/1/1901

G

Governing authority means the governing authority of the town.

Effective on: 1/1/1901

H

Height means, when referring to a tower or other structure, the distance measured from ground level to the highest point on the tower or other structure, even if said highest point is an antenna.

Effective on: 1/1/1901

L

Lattice tower means a telecommunications tower that consists of vertical and horizontal supports and metal braces.

Effective on: 1/1/1901

M

Monopole means a telecommunications tower of a single pole design.

Effective on: 1/1/1901

P

Preexisting towers and antennas means any tower or antenna for which a permit has been properly issued prior to the effective date of this article.

Effective on: 1/1/1901

T

Effective on: 1/1/1901

T

Effective on: 1/1/1901

T

Effective on: 1/1/1901

W

Wireless telecommunications means any of the following:

(1)
Commercial mobile services defined as for-profit mobile services available to the public or a substantial portion of the public and providing the ability to access or receive calls from the public switched telephone network. Examples include personal communications services, cellular radio mobile services, and paging.
(2)
Specialized mobile radio (SMR) service licenses provide land mobile communications on a commercial (i.e., for profit) or private basis.
(3)
Broadband cellular personal communication systems (PCS) which are very similar to cellular systems, but operate in a higher frequency band.
(4)
Unlicensed wireless services which are services that do not require licenses from the Federal Communications Commission (FCC), but are deployed through equipment that is authorized by the FCC. Direct-to-home satellite services are excluded from this definition.
(5)
Common carrier wireless exchange access services which are services designed as competitive alternatives to traditional wire line local exchange providers.

Effective on: 1/1/1901

B

1.
Minimize adverse visual effects of telecommunications tower, antenna and related facilities through design height and siting standards.
2.
Encourage the location of towers in nonresidential areas.
3.
Minimize the total number of towers throughout the community.
4.
Maintain and ensure that a non-discriminatory, competitive and broad range of telecommunications services and high-quality telecommunications infrastructure consistent with the Federal Telecommunications Act of 1996, 47 USC 151 et seq., are provided to serve the community, as well as serve as an important and effective part of the town's police, fire and emergency response network.
5.
Provide a process for obtaining necessary permits for telecommunication facilities while at the same time protecting the legitimate interests of the town's citizens.
6.
Protect environmentally sensitive areas of the town by regulating the location, design and operation of telecommunications facilities.
7.
Strongly encourage the joint use of new and existing tower sites.

Conditional use permit requirement. Telecommunications facilities, telecommunications support facilities, and telecommunications towers are permitted as a conditional use in the following districts:

1.
Agricultural.
2.
Commercial.
3.
Industrial.

1.
The use of receive-only television antennas and satellite dishes.
2.
Regarding amateur radio and/or receive-only antennas. This article shall not govern the installation of any antenna that is owned and/or operated by a federally licensed amateur radio operator or is used exclusively for receive-only purposes.
3.
Mobile services providing public information coverage of news events of a temporary or emergency nature.
4.
Freestanding antennas (e.g., ground-mounted antenna) not supported on or attached to a building and their support towers, poles or masts when the overall height of the antennas and their supporting structures do not exceed a height of 50 feet above the original grade at the site of the installation and when said freestanding antenna, support tower, pole or mast is not closer than 1,000 feet to another exempt freestanding antenna, support tower, pole or mast.
5.
Regarding preexisting towers and antennas. Any tower or antenna for which a permit has been properly issued prior to the effective date of this article shall not be required to meet the requirements of this article. Any such towers or antennas shall be referred to in this article as preexisting towers or preexisting antennas.
6.
Antennas installed on an existing telecommunications tower or on, or attached to, any existing building (e.g., building-mounted antenna) or alternative support structure when the height of the antenna and its supporting tower, pole or mast is 30 feet or less above the highest part of the building or alternative support structure to which it is attached.
7.
Utility pole-mounted antennas if the height of the antenna is 30 feet or less above the highest part of the utility pole.

Conditional use application.

1.
Submittal information. For all telecommunications facilities, except exempt facilities as listed in subsection (d) of this section, the town shall require the following information to accompany every application. Said information shall include, but may not be limited to:
1. a.
  Completed conditional use application and conditional use fee.
2. b.
  An informational report the purpose of which is to provide the town with accurate and current information concerning the telecommunications facility owners and providers who offer or provide telecommunications services within the community to assist the town in monitoring compliance with local, state and federal laws. All telecommunications tower owners of any new telecommunications tower shall submit to the plan commission a telecommunications facility information report. The report shall include the tower owner's name, addresses, telephone number, contact person, and proof of bond as security for removal. The tower owner shall supply the tower height or current occupancy, if applicable, and the number of collocation positions designated, occupied or vacant, per subsection (e)(2) of this section.
3. c.
  Original signature of applicant and owner. If the telecommunications facility is located in an easement, the beneficiaries of the easement and underlying property owner must authorize the application.
4. d.
  The identity of the carrier, provider, applicant, landowner and service provider and their legal status.
5. e.
  The name, address and telephone number of the officer, agent and/or employee responsible for the accuracy of the application.
6. f.
  A plat of survey showing the parcel boundaries, tower, facilities, location, access, landscaping, fencing, and the state registration stamp of the land surveyor.
7. g.
  A written legal description of the site prepared by a land surveyor registered in the state.
8. h.
  In the case of a leased site, a lease agreement, option or binding lease memorandum which shows on its face that it does not preclude the lessee from entering into leases on the site with other provider and the legal description and amount of property leased. The lease shall not be structured so as to create a bar to collocation of other providers. Collocation lease terms, including rent, shall be subject to arbitration, as set forth elsewhere herein, in the event the parties are unable to reach agreement on the issue of rent or other terms.
9. i.
  A description of the telecommunications service that the applicant offers or provides to persons.
10. j.
  Federal Communications Commission (FCC) license numbers and registration numbers, if applicable.
11. k.
  The owner of any telecommunications tower shall provide to the town prior to the issuance of the conditional use permit or the issuance of a building permit, copies of Finding of No Significant Impacts (FONSI) statement from the Federal Communications Commission (FCC).
12. l.
  An alternatives analysis shall be prepared by the actual applicant or on behalf of the applicant by its designated technical representative, except for exempt facilities as defined in subsection (d) of this section, subject to the review and approval of the plan commission, which identifies at least three sites, technically feasible alternative locations and/or facilities which could provide the proposed telecommunications service. The intention of the alternative analysis is to present alternative strategies which could minimize the number, size, and adverse environmental impacts of facilities necessary to provide the needed services to the town. The analysis shall address the potential for collocation and the potential to locate facilities as close as possible to the intended service area. It shall also explain the rationale for selection of the proposed site in view of the relative merits of any of the feasible alternatives. Approval of the project is subject to the determination of the plan commission that the site applied for is more advantageous than any available, feasible alternative site. Sites on prime agricultural land shall be located to have the least negative impact on agricultural uses. The town may require independent verification of this analysis at the applicant's expense.
13. m.
  Plans indicating security measures (e.g., access, fencing, lighting, etc.).
14. n.
  Plans shall include a tabular and map inventory of all of the applicant's existing telecommunications facilities that are located within the town and including all of the applicant's existing facilities within 1,500 feet of the town's boundary. The inventory shall specify the location, height, type, and design of each of the applicant's existing telecommunications facilities, and the ability of the tower or antenna structure to accommodate additional collocation antennas.
15. o.
  The owner of any telecommunications tower shall provide to the town, prior to the issuance of the conditional use permit or the issuance of a building permit, a report prepared by an engineer licensed by the state certifying the structural design of the tower and its ability to accommodate additional antennas.
16. p.
  Proof of liability coverage.
17. q.
  Certified statement from a radio frequency engineer showing the coverage of the proposed facility and coverage area.
18. r.
  Copies of an affidavit of notification indicating that the airport operator and airport property owners within the areas limiting telecommunications facility locations have been notified via certified mail.
19. s.
  Copies of the determination of no hazard from the Federal Aviation Administration (FAA) including any aeronautical study determination or other findings and the state bureau of aeronautics, if applicable.
20. t.
  The owner of any telecommunications tower shall provide to the town prior to the issuance of the conditional use permit or the issuance of a building permit, copies of any environmental assessment (EA) reports on Form 600 or Form 854 submitted to the Federal Communications Commission (FCC), if applicable.
21. u.
  Copies of any filings relating to any telecommunications facility located in the county submitted to the Federal Communications Commission (FCC) shall be submitted within 30 days of filing.
22. v.
  Any environmental impact statements that may be required.
23. w.
  Such other information as the plan commission may reasonably require to complete processing the application.
2.
Collocation. All telecommunications facilities issued a conditional use permit on or after the effective date of this section and any telecommunications facility previously issued a conditional use permit requiring collocation sites shall make available unused space for collocation of other telecommunications facilities, including space for those entities providing similar, competing services. Collocation is not required if the host facility can demonstrate that the addition of the new service or facilities would impair existing service or cause the host to go offline for a significant period of time, such as would be occasioned by requiring a replacement tower or reconstruction of an existing tower to facilitate collocation. In general, it is anticipated that collocation will not result in any disruption of service. All collocated and multiple-user telecommunications facilities shall be designed to promote site sharing telecommunications towers and necessary appurtenances, including, but not limited to, parking areas, access roads and utilities shall be shared by the site users whenever possible. Space shall be reasonably available to collocators.
3.
Technical review. The plan commission, upon direction of the town board, shall employ on behalf of the town an independent technical expert to review materials submitted in those cases where a technical demonstration of unavoidable need or unavailability of alternatives has been determined necessary. The applicant may provide a list of experts/consultants to the plan commission; the plan commission, however, shall not be bound to employ the experts/consultants so named. The applicant shall pay all the costs of said review. The payment to the plan commission shall be due upon receipt of the invoice. All invoices, fees and charges accumulated for the technical review must be paid in full prior to the issuance of the conditional use permit.

Conditional use, structural, design and environmental standards.

1.
Compliance with FCC regulations. All telecommunications facilities shall comply at all times with all Federal Communications Commission (FCC) rules, regulations, and standards. To that end, no telecommunications facility or combination of facilities shall produce at any time power densities in any inhabited area that exceed the Federal Communications Commission (FCC) adopted standard for human exposure, as amended, or any more restrictive standard subsequently adopted or promulgated by the federal government. All telecommunications towers and antennas shall meet or exceed the standards and regulations, in place at the time of the issuance of the conditional use permit, of the Federal Aviation Administration (FAA), the state bureau of aeronautics, Occupational Safety and Health Administration (OSHA), the Federal Communications Commission (FCC) and any other agency of the state and/or federal government with the authority to regulate towers and antennas. Determinations by the state or federal agencies responsible for enforcing the regulations set forth above shall be binding on the applicant and the town.
2.
Materials used in towers. Telecommunications towers shall be constructed of metal or other nonflammable material, unless specifically permitted by the town to be otherwise.
3.
Ground-mounted tower design. All ground-mounted telecommunications towers shall be self-supporting monopoles or lattice towers.
4.
Parabolic antenna location. Satellite dish and parabolic antennas shall be situated as close to the ground as possible to reduce visual impact without compromising their functions.
5.
Support facilities. Telecommunications support facilities (e.g., equipment rooms, utilities, and equipment enclosures) shall be constructed of nonreflective materials on visible exterior surfaces only. Telecommunications support facilities shall be no taller than 15 feet in height, measured from the original grade at the base of the facility to the top of the structure, and shall be designed to blend with existing architecture in the area or shall be screened from sight by mature landscaping as required in subsection (f)(13)a of this section, and shall be located or designed to minimize their visibility. Telecommunications support facilities for all tower users at one telecommunications facility shall not exceed a total of 1,000 square feet of floor area.
6.
Code compliance. Telecommunications facilities and antennas shall be designed and constructed in accordance with the state uniform building code (Wis. Admin. Code § Comm 21.01 et seq.), uniform plumbing code (Wis. Admin. Code § Comm 25.01 et seq.); uniform mechanical code (Wis. Admin. Code § Comm 23.01 et seq.), uniform fire code (Wis. Admin. Code § Comm 14.001 et seq.), National Electrical Code (NEC), Electronic Industries Association (EIA), American National Steel Institute Standards (ANSI), and American National Standards Institute (ANSI), in effect at the time of manufacture. The owner of a telecommunications facility or antenna shall submit to the plan commission a statement of compliance with the codes set forth herein.
7.
Antenna height on roof platforms. The maximum height of an antenna platform located on a roof top shall be 20 feet above the roof.
8.
Interference with safety facilities. Telecommunications facilities shall not interfere with or obstruct existing or proposed public safety, fire protection or supervisory controlled automated data acquisition (SCADA) operation telecommunications facilities. Any actual interference and/or obstruction shall be corrected by the applicant at no cost to the town.
9.
Height.
1. a.
  The height of a telecommunications tower shall be measured from the original grade at the base of said tower to the highest part of the tower itself. In the case of building mounted towers, the height of the tower includes the height of the portion of the building on which it is mounted. In the case of crank up or other similar towers whose height can be adjusted, the height of the tower shall be the maximum height to which it is capable of being raised.
2. b.
  Towers shall be permitted to a maximum height of 199 feet, including antennas. Unless permitted by the plan commission after review, towers shall be constructed so as to accommodate a minimum of three collocation sites.
3. c.
  Collocation sites need not be available on the tower as initially placed or constructed, provided that the tower will support at the specified maximum height later the addition of at least three collocation sites.
4. d.
  Notwithstanding the height and number of collocation sites on the tower as initially placed or constructed, the tower design approved and permitted shall be for a tower capable of extension to 199 feet in height, including the required collocation sites.
5. e.
  The plan commission may vary the above requirements if use of a monopole is a condition of the permit.
10.
Extension/modification to towers. Any extension or modification of existing telecommunications towers shall require a conditional use permit.
11.
Lighting.
1. a.
  Telecommunications towers shall be lighted in accordance with rules of the Federal Aviation Administration (FAA) or other applicable regulatory authority. The plan commission may require lighting of towers in areas subject to localized air traffic concerns such as crop dusting.
2. b.
  When the Federal Aviation Administration (FAA) requires lighting under this subsection, strobe lights will not be permitted.
12.
Site development, roads and parking. A leased parcel intended for the location of new telecommunications facilities and telecommunications support facilities shall be located so as to permit expansion for telecommunications support facilities to serve all potential collocators. A parcel owner by the telecommunications carrier and/or provider and intended for the location of new telecommunications facilities and telecommunications support facilities shall meet the minimum size requirement of the zoning district. All sites must be served by an easement sufficient to provide a turnaround and shall use existing access points and highways whenever possible. The access point to the site shall be approved by the county highway department, state department of transportation, or under section 44-107, depending on the highway jurisdiction.
13.
Vegetation protection and facility screening.
1. a.
  Except as to exempt facilities defined in subsection (d) of this section, all telecommunications facilities shall be installed in such a manner so as to minimize disturbance to existing native vegetation and shall include suitable mature landscaping to screen the facility, where necessary. For purposes of this subection, the term "mature landscaping" shall mean trees, shrubs or other vegetation of a minimum initial height of five feet that will provide the appropriate level of visual screening immediately upon installation.
2. b.
  Upon project completion, the owner/operator of the facility shall be responsible for maintenance and replacement of all required landscaping as long as a telecommunications facility is maintained on the site.
14.
Fire prevention. All telecommunications facilities shall be designed and operated in accordance with all applicable codes regarding fire prevention.
15.
Noise and traffic. All telecommunications facilities shall be constructed and operated in such a manner as to minimize the amount of disruption caused to nearby properties. To that end, all of the following measures shall be implemented for all telecommunications facilities, except exempt facilities as defined in subsection (d) of this section:
1. a.
  Noise-producing construction activities shall take place only on weekdays (Monday through Friday, non-holiday) between the hours of 6:00 a.m. and 6:00 p.m., except in times of emergency repair; and
2. b.
  Backup generators shall be operated only during power outages and for testing and maintenance purposes.

Separation and setback requirements, except for exempt facilities as defined in subsection (d) of this section.

1.
Minimum separation between telecommunications towers (by tower type).
1. a.
  Proposed tower types. Lattice-monopole which is 85 feet in height or greater:
  1. 1.
    Lattice: 2,640 feet;
  2. 2.
    Monopole: 85 feet in height or greater.
2. b.
  Notwithstanding the above separations, two telecommunications towers may be permitted to be located within 100 feet of each other subject to conditional use review and approval of the plan commission and subject to meeting the setback requirements.
3. c.
  Camouflaged towers are exempt from the separation between telecommunications tower requirements listed above.
2.
Setbacks. All setbacks shall be measured from the base of the tower or structure. Notwithstanding any other provisions of this subsection, the following minimum setbacks shall apply unless a greater distance is established by the plan commission in a conditional use permit:
1. a.
  Setbacks from all habitable residential buildings (except buildings located on the subject parcel). All new towers shall be set back a distance at least 125 percent of the height of the tower.
2. b.
  Setbacks from all historic sites and districts. All new towers shall be set back a distance at least 125 percent of the height of the tower from historic sites and districts.
3. c.
  Setback from the highway rights-of-way. Notwithstanding other provisions of the zoning code, a tower shall be set back from all traveled portions of a street or highway a distance not less than 125 percent its height.
4. d.
  Setbacks from property lines. All new towers shall be set back a minimum of the height of the tower from all property lines. (This requirement does not apply to the boundary of the leased parcel unless the leased parcel boundary is also a property line.)
5. e.
  Placement by residences. So as to minimize the potential diminution of property value of neighboring properties, and recognize the economic value of a tower lease to the host property, telecommunications towers shall not be placed closer to a residence existing on January 31, 2002, on neighboring properties than the distance of the tower from the residence or principal structure on the host property. In the event the proposed tower is more than one-fourth mile from such existing residence on a neighboring property, the plan commission may, in its discretion, waive the applicability of this subsection.
6. f.
  Industrial zone setbacks. The plan commission may approve setbacks in an industrial zone less than set forth in subsection (g)(2)a through e of this section, except no such reduction may be allowed in a setback from a habitable residential building.

Removal/security for removal.

1.
Removal policy.
1. a.
  It is the express policy of the town and this section that telecommunications towers be removed once they are no longer in use and not a functional part of providing telecommunications service. It is the telecommunication provider's responsibility to notify the town 60 days prior to the discontinued use of the tower.
2. b.
  Upon discontinued use of the tower, it is the telecommunication provider's responsibility to remove such tower and restore the site to its original condition or a condition approved by the plan commission. This restoration shall include removal of any subsurface structure or foundation, including concrete, used to support the telecommunications tower down to five feet below the surface.
3. c.
  After a telecommunications tower is no longer in operation, the provider shall have 180 days to effect removal and restoration. Permittee shall record a document with the county register of deeds showing the existence of any subsurface structure remaining below grade. Such recording shall accurately set forth the location and describe the remaining structure.
2.
Security for removal. The owner of any telecommunications tower shall provide to the town, prior to the issuance of the conditional use permit or the issuance of a building permit, a performance bond in an amount based on a written estimate of a qualified remover of said types of structures, or in an amount as provided in the town bond schedule, available in the office of the town clerk, whichever is less, to guarantee that the telecommunications tower will be removed when no longer in operation. The town will be named as obligee in the bond and must approve the bonding company. The town may require an increase in the bond amount after five year intervals to reflect increases in the consumer price index. The provider shall supply any increased bond within a reasonable time, not exceeding 60 days, after the town's request. A permittee may submit a letter of credit in the amount set forth above, or, in the alternative, a permittee with several sites in the town may submit a master bond to cover all of said sites. A master bond or a letter of credit may, in the town's discretion, be in an amount sufficient to secure removal from one site if the master bond or letter of credit provides for replenishing, any amount used as the master bond or letter of credit covers any other site in the town.

Compliance.

1.
Revocation. Grounds for revocation of the conditional use permit shall be limited to one of the following findings:
1. a.
  The owner of such site, service provider and/or tower owner fails to comply with the requirements of this section as it existed at the time of the issuance of the conditional use permit.
2. b.
  The permittee has failed to comply with the conditions imposed by the conditional use permit.
2.
Revocation process.
1. a.
  The owner of such site, service provider and/or tower owner shall be notified by certified mail of noncompliance by the town clerk of the town.
2. b.
  The owner shall comply with such notice within 30 days to the satisfaction of the town board of the town.
3. c.
  If compliance is not obtained within 30 days, the town clerk shall notify the town board of the noncompliance and request permission to proceed with the revocation process. This time period may be extended to adjust for seasonal limitations or other legitimate factors.
4. d.
  The town board shall upon request of the town clerk set a public hearing date for the revocation of the conditional use permit and publish a Class 2 notice of the date, time, and place of the hearing pursuant to Wis. Stats. ch. 985.
5. e.
  A copy of the notice of hearing shall also be mailed certified mail, return receipt requested, to the owner of record of the telecommunications facility at least two weeks before the hearing.
6. f.
  The zoning administrator for the town shall appear at the hearing before the town board to present the evidence of noncompliance. Any other interested parties may also give testimony to the town board.
7. g.
  A written decision of the town board shall be issued and mailed to the owner of record of the telecommunications facility (certified mail; return receipt requested) within 14 days of the revocation hearing.

Conditional use permit application process under this section.

1.
Application.
1. a.
  The application for a conditional use permit under this section shall be filed with the town plan commission on a form so prescribed by the town.
2. b.
  The application shall be accompanied by such plans and/or data prescribed by this section and shall include a statement in writing by the applicant and adequate evidence showing that the proposed conditional use will conform to the standards set forth in the respective zoning districts. The applicant shall be responsible for providing to the town clerk the names, mailing addresses and parcel number of all property owners within 300 feet of the perimeter property line as it exists at the time of the application for conditional use. This requirement does not apply to the boundary of a leased parcel unless the leased parcel boundary is also a property line.
3. c.
  Conditional use applications shall be reviewed by the plan commission and a written recommendation submitted thereon to the town board. In order to secure evidence upon which to base its recommendation, the plan commission may require, in addition to the information required for a conditional use permit, the submission of plans of buildings, arrangement of operations, plat of grounds showing location of buildings, stockpiles, equipment storage, fences or screens, specifications of operations, parking areas, traffic access, open spaces, landscaping and any other pertinent information that may be necessary to determine if the proposed use meets the requirements of the section.
2.
Hearing on application. Upon receipt in proper form of the written recommendation from the plan commission, the town board shall hold at least one public hearing on the proposed conditional use. Notice of such public hearing specifying the time, place and matters to come before the town board shall be given as a Class 1 notice as referred to in Wis. Stats. ch. 985. Due written notice of the hearing via U.S. mail shall be given to the property owner and applicant as well as owners of property within 300 feet of the property line upon which the conditional use is being proposed.
3.
Fee. There shall be an application fee for a conditional use permit as prescribed in the town fee schedule, available in the office of the town clerk.

(Code 2006, § 13-1-133)

Effective on: 1/1/1901

Peshtigo Town City Zoning Code

ARTICLE IX

ANTENNAS; WIND ENERGY SYSTEMS; WIRELESS TELECOMMUNICATIONS SYSTEMS

Sec. 60-217. Wind energy systems—Conditional use permits required.

Wind energy systems means windmills which are used to produce electrical or mechanical power. Wind pond aerators are exempt from this section.

Approval required. No owner shall, within the town, build, construct, use or place any type or kind of wind energy system without holding the appropriate conditional use permit for said system.

(Code 2006, § 13-1-130)

Effective on: 1/1/1901

Sec. 60-218. Same—Permit procedure.

Application. The permit application for a wind energy system shall be made to the town clerk on forms provided by the town. The application shall include the following information:

1.
The name and address of the applicant.
2.
The address of the property on which the system will be located.
3.
Applications for the erection of a wind energy conversion system shall be accompanied by a plat or survey for the property to be served showing the location of the generating facility and the means by which the facility will provide power to structures. If the system is intended to provide power to more than one premises, the plat or survey shall show all properties to be served and the means of connection to the wind energy conversion system. The application shall further indicate the level of noise to be generated by the system and provide assurances as to the safety features of the system.
4.
An accurate and complete written description of the use for which the special grant is being requested, including pertinent statistics and operational characteristics.
5.
Plans and other drawings showing proposed development of the site and buildings, including landscape plans, location of parking and service areas, driveways, exterior lighting, type of building material, etc., if applicable.
6.
Any other information which the plan commission, town board or building inspector may deem to be necessary to the proper review of the application.
7.
The plan commission shall review the application and, if the application is complete and contains all required information, shall refer it to the town board with a recommendation.

Hearing. Upon referral of the application, the town board shall schedule a public hearing thereof following the procedures for conditional use permits in Article V of this chapter.

(Code 2006, § 13-1-131)

Effective on: 1/1/1901

Sec. 60-219. Specific requirements regarding wind energy systems.

Application. Applications for the erection of a wind energy conversion system shall be made per section 60-218(a)(3).

Construction. Wind energy conversion systems shall be constructed and anchored in such a manner to withstand wind pressure of not less than 40 pounds per square foot in area.

Noise. The maximum level of noise permitted to be generated by a wind energy conversion system shall be 50 decibels, as measured on a dBA scale, measured at the lot line.

Fence required. All wind energy conversion systems shall be surrounded by a security fence not less than six feet in height. A sign shall be posted on the fence warning of high voltages.

(Code 2006, § 13-1-132)

Effective on: 1/1/1901

Sec. 60-220. Telecommunications antennas and towers.

Secs. 60-221—60-248. Reserved.

Effective on: 1/1/1901

A

Effective on: 1/1/1901

Antenna

Effective on: 1/1/1901

C

Effective on: 1/1/1901

FAA

FAA means the Federal Aviation Administration.

Effective on: 1/1/1901

F

FCC means the Federal Communications Commission.

Effective on: 1/1/1901

G

Governing authority means the governing authority of the town.

Effective on: 1/1/1901

H

Height means, when referring to a tower or other structure, the distance measured from ground level to the highest point on the tower or other structure, even if said highest point is an antenna.

Effective on: 1/1/1901

L

Lattice tower means a telecommunications tower that consists of vertical and horizontal supports and metal braces.

Effective on: 1/1/1901

M

Monopole means a telecommunications tower of a single pole design.

Effective on: 1/1/1901

P

Preexisting towers and antennas means any tower or antenna for which a permit has been properly issued prior to the effective date of this article.

Effective on: 1/1/1901

T

Effective on: 1/1/1901

T

Effective on: 1/1/1901

T

Effective on: 1/1/1901

W

Wireless telecommunications means any of the following:

(1)
Commercial mobile services defined as for-profit mobile services available to the public or a substantial portion of the public and providing the ability to access or receive calls from the public switched telephone network. Examples include personal communications services, cellular radio mobile services, and paging.
(2)
Specialized mobile radio (SMR) service licenses provide land mobile communications on a commercial (i.e., for profit) or private basis.
(3)
Broadband cellular personal communication systems (PCS) which are very similar to cellular systems, but operate in a higher frequency band.
(4)
Unlicensed wireless services which are services that do not require licenses from the Federal Communications Commission (FCC), but are deployed through equipment that is authorized by the FCC. Direct-to-home satellite services are excluded from this definition.
(5)
Common carrier wireless exchange access services which are services designed as competitive alternatives to traditional wire line local exchange providers.

Effective on: 1/1/1901

B

1.
Minimize adverse visual effects of telecommunications tower, antenna and related facilities through design height and siting standards.
2.
Encourage the location of towers in nonresidential areas.
3.
Minimize the total number of towers throughout the community.
4.
Maintain and ensure that a non-discriminatory, competitive and broad range of telecommunications services and high-quality telecommunications infrastructure consistent with the Federal Telecommunications Act of 1996, 47 USC 151 et seq., are provided to serve the community, as well as serve as an important and effective part of the town's police, fire and emergency response network.
5.
Provide a process for obtaining necessary permits for telecommunication facilities while at the same time protecting the legitimate interests of the town's citizens.
6.
Protect environmentally sensitive areas of the town by regulating the location, design and operation of telecommunications facilities.
7.
Strongly encourage the joint use of new and existing tower sites.

Conditional use permit requirement. Telecommunications facilities, telecommunications support facilities, and telecommunications towers are permitted as a conditional use in the following districts:

1.
Agricultural.
2.
Commercial.
3.
Industrial.

1.
The use of receive-only television antennas and satellite dishes.
2.
Regarding amateur radio and/or receive-only antennas. This article shall not govern the installation of any antenna that is owned and/or operated by a federally licensed amateur radio operator or is used exclusively for receive-only purposes.
3.
Mobile services providing public information coverage of news events of a temporary or emergency nature.
4.
Freestanding antennas (e.g., ground-mounted antenna) not supported on or attached to a building and their support towers, poles or masts when the overall height of the antennas and their supporting structures do not exceed a height of 50 feet above the original grade at the site of the installation and when said freestanding antenna, support tower, pole or mast is not closer than 1,000 feet to another exempt freestanding antenna, support tower, pole or mast.
5.
Regarding preexisting towers and antennas. Any tower or antenna for which a permit has been properly issued prior to the effective date of this article shall not be required to meet the requirements of this article. Any such towers or antennas shall be referred to in this article as preexisting towers or preexisting antennas.
6.
Antennas installed on an existing telecommunications tower or on, or attached to, any existing building (e.g., building-mounted antenna) or alternative support structure when the height of the antenna and its supporting tower, pole or mast is 30 feet or less above the highest part of the building or alternative support structure to which it is attached.
7.
Utility pole-mounted antennas if the height of the antenna is 30 feet or less above the highest part of the utility pole.

Conditional use application.

1.
Submittal information. For all telecommunications facilities, except exempt facilities as listed in subsection (d) of this section, the town shall require the following information to accompany every application. Said information shall include, but may not be limited to:
1. a.
  Completed conditional use application and conditional use fee.
2. b.
  An informational report the purpose of which is to provide the town with accurate and current information concerning the telecommunications facility owners and providers who offer or provide telecommunications services within the community to assist the town in monitoring compliance with local, state and federal laws. All telecommunications tower owners of any new telecommunications tower shall submit to the plan commission a telecommunications facility information report. The report shall include the tower owner's name, addresses, telephone number, contact person, and proof of bond as security for removal. The tower owner shall supply the tower height or current occupancy, if applicable, and the number of collocation positions designated, occupied or vacant, per subsection (e)(2) of this section.
3. c.
  Original signature of applicant and owner. If the telecommunications facility is located in an easement, the beneficiaries of the easement and underlying property owner must authorize the application.
4. d.
  The identity of the carrier, provider, applicant, landowner and service provider and their legal status.
5. e.
  The name, address and telephone number of the officer, agent and/or employee responsible for the accuracy of the application.
6. f.
  A plat of survey showing the parcel boundaries, tower, facilities, location, access, landscaping, fencing, and the state registration stamp of the land surveyor.
7. g.
  A written legal description of the site prepared by a land surveyor registered in the state.
8. h.
  In the case of a leased site, a lease agreement, option or binding lease memorandum which shows on its face that it does not preclude the lessee from entering into leases on the site with other provider and the legal description and amount of property leased. The lease shall not be structured so as to create a bar to collocation of other providers. Collocation lease terms, including rent, shall be subject to arbitration, as set forth elsewhere herein, in the event the parties are unable to reach agreement on the issue of rent or other terms.
9. i.
  A description of the telecommunications service that the applicant offers or provides to persons.
10. j.
  Federal Communications Commission (FCC) license numbers and registration numbers, if applicable.
11. k.
  The owner of any telecommunications tower shall provide to the town prior to the issuance of the conditional use permit or the issuance of a building permit, copies of Finding of No Significant Impacts (FONSI) statement from the Federal Communications Commission (FCC).
12. l.
  An alternatives analysis shall be prepared by the actual applicant or on behalf of the applicant by its designated technical representative, except for exempt facilities as defined in subsection (d) of this section, subject to the review and approval of the plan commission, which identifies at least three sites, technically feasible alternative locations and/or facilities which could provide the proposed telecommunications service. The intention of the alternative analysis is to present alternative strategies which could minimize the number, size, and adverse environmental impacts of facilities necessary to provide the needed services to the town. The analysis shall address the potential for collocation and the potential to locate facilities as close as possible to the intended service area. It shall also explain the rationale for selection of the proposed site in view of the relative merits of any of the feasible alternatives. Approval of the project is subject to the determination of the plan commission that the site applied for is more advantageous than any available, feasible alternative site. Sites on prime agricultural land shall be located to have the least negative impact on agricultural uses. The town may require independent verification of this analysis at the applicant's expense.
13. m.
  Plans indicating security measures (e.g., access, fencing, lighting, etc.).
14. n.
  Plans shall include a tabular and map inventory of all of the applicant's existing telecommunications facilities that are located within the town and including all of the applicant's existing facilities within 1,500 feet of the town's boundary. The inventory shall specify the location, height, type, and design of each of the applicant's existing telecommunications facilities, and the ability of the tower or antenna structure to accommodate additional collocation antennas.
15. o.
  The owner of any telecommunications tower shall provide to the town, prior to the issuance of the conditional use permit or the issuance of a building permit, a report prepared by an engineer licensed by the state certifying the structural design of the tower and its ability to accommodate additional antennas.
16. p.
  Proof of liability coverage.
17. q.
  Certified statement from a radio frequency engineer showing the coverage of the proposed facility and coverage area.
18. r.
  Copies of an affidavit of notification indicating that the airport operator and airport property owners within the areas limiting telecommunications facility locations have been notified via certified mail.
19. s.
  Copies of the determination of no hazard from the Federal Aviation Administration (FAA) including any aeronautical study determination or other findings and the state bureau of aeronautics, if applicable.
20. t.
  The owner of any telecommunications tower shall provide to the town prior to the issuance of the conditional use permit or the issuance of a building permit, copies of any environmental assessment (EA) reports on Form 600 or Form 854 submitted to the Federal Communications Commission (FCC), if applicable.
21. u.
  Copies of any filings relating to any telecommunications facility located in the county submitted to the Federal Communications Commission (FCC) shall be submitted within 30 days of filing.
22. v.
  Any environmental impact statements that may be required.
23. w.
  Such other information as the plan commission may reasonably require to complete processing the application.
2.
Collocation. All telecommunications facilities issued a conditional use permit on or after the effective date of this section and any telecommunications facility previously issued a conditional use permit requiring collocation sites shall make available unused space for collocation of other telecommunications facilities, including space for those entities providing similar, competing services. Collocation is not required if the host facility can demonstrate that the addition of the new service or facilities would impair existing service or cause the host to go offline for a significant period of time, such as would be occasioned by requiring a replacement tower or reconstruction of an existing tower to facilitate collocation. In general, it is anticipated that collocation will not result in any disruption of service. All collocated and multiple-user telecommunications facilities shall be designed to promote site sharing telecommunications towers and necessary appurtenances, including, but not limited to, parking areas, access roads and utilities shall be shared by the site users whenever possible. Space shall be reasonably available to collocators.
3.
Technical review. The plan commission, upon direction of the town board, shall employ on behalf of the town an independent technical expert to review materials submitted in those cases where a technical demonstration of unavoidable need or unavailability of alternatives has been determined necessary. The applicant may provide a list of experts/consultants to the plan commission; the plan commission, however, shall not be bound to employ the experts/consultants so named. The applicant shall pay all the costs of said review. The payment to the plan commission shall be due upon receipt of the invoice. All invoices, fees and charges accumulated for the technical review must be paid in full prior to the issuance of the conditional use permit.

Conditional use, structural, design and environmental standards.

1.
Compliance with FCC regulations. All telecommunications facilities shall comply at all times with all Federal Communications Commission (FCC) rules, regulations, and standards. To that end, no telecommunications facility or combination of facilities shall produce at any time power densities in any inhabited area that exceed the Federal Communications Commission (FCC) adopted standard for human exposure, as amended, or any more restrictive standard subsequently adopted or promulgated by the federal government. All telecommunications towers and antennas shall meet or exceed the standards and regulations, in place at the time of the issuance of the conditional use permit, of the Federal Aviation Administration (FAA), the state bureau of aeronautics, Occupational Safety and Health Administration (OSHA), the Federal Communications Commission (FCC) and any other agency of the state and/or federal government with the authority to regulate towers and antennas. Determinations by the state or federal agencies responsible for enforcing the regulations set forth above shall be binding on the applicant and the town.
2.
Materials used in towers. Telecommunications towers shall be constructed of metal or other nonflammable material, unless specifically permitted by the town to be otherwise.
3.
Ground-mounted tower design. All ground-mounted telecommunications towers shall be self-supporting monopoles or lattice towers.
4.
Parabolic antenna location. Satellite dish and parabolic antennas shall be situated as close to the ground as possible to reduce visual impact without compromising their functions.
5.
Support facilities. Telecommunications support facilities (e.g., equipment rooms, utilities, and equipment enclosures) shall be constructed of nonreflective materials on visible exterior surfaces only. Telecommunications support facilities shall be no taller than 15 feet in height, measured from the original grade at the base of the facility to the top of the structure, and shall be designed to blend with existing architecture in the area or shall be screened from sight by mature landscaping as required in subsection (f)(13)a of this section, and shall be located or designed to minimize their visibility. Telecommunications support facilities for all tower users at one telecommunications facility shall not exceed a total of 1,000 square feet of floor area.
6.
Code compliance. Telecommunications facilities and antennas shall be designed and constructed in accordance with the state uniform building code (Wis. Admin. Code § Comm 21.01 et seq.), uniform plumbing code (Wis. Admin. Code § Comm 25.01 et seq.); uniform mechanical code (Wis. Admin. Code § Comm 23.01 et seq.), uniform fire code (Wis. Admin. Code § Comm 14.001 et seq.), National Electrical Code (NEC), Electronic Industries Association (EIA), American National Steel Institute Standards (ANSI), and American National Standards Institute (ANSI), in effect at the time of manufacture. The owner of a telecommunications facility or antenna shall submit to the plan commission a statement of compliance with the codes set forth herein.
7.
Antenna height on roof platforms. The maximum height of an antenna platform located on a roof top shall be 20 feet above the roof.
8.
Interference with safety facilities. Telecommunications facilities shall not interfere with or obstruct existing or proposed public safety, fire protection or supervisory controlled automated data acquisition (SCADA) operation telecommunications facilities. Any actual interference and/or obstruction shall be corrected by the applicant at no cost to the town.
9.
Height.
1. a.
  The height of a telecommunications tower shall be measured from the original grade at the base of said tower to the highest part of the tower itself. In the case of building mounted towers, the height of the tower includes the height of the portion of the building on which it is mounted. In the case of crank up or other similar towers whose height can be adjusted, the height of the tower shall be the maximum height to which it is capable of being raised.
2. b.
  Towers shall be permitted to a maximum height of 199 feet, including antennas. Unless permitted by the plan commission after review, towers shall be constructed so as to accommodate a minimum of three collocation sites.
3. c.
  Collocation sites need not be available on the tower as initially placed or constructed, provided that the tower will support at the specified maximum height later the addition of at least three collocation sites.
4. d.
  Notwithstanding the height and number of collocation sites on the tower as initially placed or constructed, the tower design approved and permitted shall be for a tower capable of extension to 199 feet in height, including the required collocation sites.
5. e.
  The plan commission may vary the above requirements if use of a monopole is a condition of the permit.
10.
Extension/modification to towers. Any extension or modification of existing telecommunications towers shall require a conditional use permit.
11.
Lighting.
1. a.
  Telecommunications towers shall be lighted in accordance with rules of the Federal Aviation Administration (FAA) or other applicable regulatory authority. The plan commission may require lighting of towers in areas subject to localized air traffic concerns such as crop dusting.
2. b.
  When the Federal Aviation Administration (FAA) requires lighting under this subsection, strobe lights will not be permitted.
12.
Site development, roads and parking. A leased parcel intended for the location of new telecommunications facilities and telecommunications support facilities shall be located so as to permit expansion for telecommunications support facilities to serve all potential collocators. A parcel owner by the telecommunications carrier and/or provider and intended for the location of new telecommunications facilities and telecommunications support facilities shall meet the minimum size requirement of the zoning district. All sites must be served by an easement sufficient to provide a turnaround and shall use existing access points and highways whenever possible. The access point to the site shall be approved by the county highway department, state department of transportation, or under section 44-107, depending on the highway jurisdiction.
13.
Vegetation protection and facility screening.
1. a.
  Except as to exempt facilities defined in subsection (d) of this section, all telecommunications facilities shall be installed in such a manner so as to minimize disturbance to existing native vegetation and shall include suitable mature landscaping to screen the facility, where necessary. For purposes of this subection, the term "mature landscaping" shall mean trees, shrubs or other vegetation of a minimum initial height of five feet that will provide the appropriate level of visual screening immediately upon installation.
2. b.
  Upon project completion, the owner/operator of the facility shall be responsible for maintenance and replacement of all required landscaping as long as a telecommunications facility is maintained on the site.
14.
Fire prevention. All telecommunications facilities shall be designed and operated in accordance with all applicable codes regarding fire prevention.
15.
Noise and traffic. All telecommunications facilities shall be constructed and operated in such a manner as to minimize the amount of disruption caused to nearby properties. To that end, all of the following measures shall be implemented for all telecommunications facilities, except exempt facilities as defined in subsection (d) of this section:
1. a.
  Noise-producing construction activities shall take place only on weekdays (Monday through Friday, non-holiday) between the hours of 6:00 a.m. and 6:00 p.m., except in times of emergency repair; and
2. b.
  Backup generators shall be operated only during power outages and for testing and maintenance purposes.

Separation and setback requirements, except for exempt facilities as defined in subsection (d) of this section.

1.
Minimum separation between telecommunications towers (by tower type).
1. a.
  Proposed tower types. Lattice-monopole which is 85 feet in height or greater:
  1. 1.
    Lattice: 2,640 feet;
  2. 2.
    Monopole: 85 feet in height or greater.
2. b.
  Notwithstanding the above separations, two telecommunications towers may be permitted to be located within 100 feet of each other subject to conditional use review and approval of the plan commission and subject to meeting the setback requirements.
3. c.
  Camouflaged towers are exempt from the separation between telecommunications tower requirements listed above.
2.
Setbacks. All setbacks shall be measured from the base of the tower or structure. Notwithstanding any other provisions of this subsection, the following minimum setbacks shall apply unless a greater distance is established by the plan commission in a conditional use permit:
1. a.
  Setbacks from all habitable residential buildings (except buildings located on the subject parcel). All new towers shall be set back a distance at least 125 percent of the height of the tower.
2. b.
  Setbacks from all historic sites and districts. All new towers shall be set back a distance at least 125 percent of the height of the tower from historic sites and districts.
3. c.
  Setback from the highway rights-of-way. Notwithstanding other provisions of the zoning code, a tower shall be set back from all traveled portions of a street or highway a distance not less than 125 percent its height.
4. d.
  Setbacks from property lines. All new towers shall be set back a minimum of the height of the tower from all property lines. (This requirement does not apply to the boundary of the leased parcel unless the leased parcel boundary is also a property line.)
5. e.
  Placement by residences. So as to minimize the potential diminution of property value of neighboring properties, and recognize the economic value of a tower lease to the host property, telecommunications towers shall not be placed closer to a residence existing on January 31, 2002, on neighboring properties than the distance of the tower from the residence or principal structure on the host property. In the event the proposed tower is more than one-fourth mile from such existing residence on a neighboring property, the plan commission may, in its discretion, waive the applicability of this subsection.
6. f.
  Industrial zone setbacks. The plan commission may approve setbacks in an industrial zone less than set forth in subsection (g)(2)a through e of this section, except no such reduction may be allowed in a setback from a habitable residential building.

Removal/security for removal.

1.
Removal policy.
1. a.
  It is the express policy of the town and this section that telecommunications towers be removed once they are no longer in use and not a functional part of providing telecommunications service. It is the telecommunication provider's responsibility to notify the town 60 days prior to the discontinued use of the tower.
2. b.
  Upon discontinued use of the tower, it is the telecommunication provider's responsibility to remove such tower and restore the site to its original condition or a condition approved by the plan commission. This restoration shall include removal of any subsurface structure or foundation, including concrete, used to support the telecommunications tower down to five feet below the surface.
3. c.
  After a telecommunications tower is no longer in operation, the provider shall have 180 days to effect removal and restoration. Permittee shall record a document with the county register of deeds showing the existence of any subsurface structure remaining below grade. Such recording shall accurately set forth the location and describe the remaining structure.
2.
Security for removal. The owner of any telecommunications tower shall provide to the town, prior to the issuance of the conditional use permit or the issuance of a building permit, a performance bond in an amount based on a written estimate of a qualified remover of said types of structures, or in an amount as provided in the town bond schedule, available in the office of the town clerk, whichever is less, to guarantee that the telecommunications tower will be removed when no longer in operation. The town will be named as obligee in the bond and must approve the bonding company. The town may require an increase in the bond amount after five year intervals to reflect increases in the consumer price index. The provider shall supply any increased bond within a reasonable time, not exceeding 60 days, after the town's request. A permittee may submit a letter of credit in the amount set forth above, or, in the alternative, a permittee with several sites in the town may submit a master bond to cover all of said sites. A master bond or a letter of credit may, in the town's discretion, be in an amount sufficient to secure removal from one site if the master bond or letter of credit provides for replenishing, any amount used as the master bond or letter of credit covers any other site in the town.

Compliance.

1.
Revocation. Grounds for revocation of the conditional use permit shall be limited to one of the following findings:
1. a.
  The owner of such site, service provider and/or tower owner fails to comply with the requirements of this section as it existed at the time of the issuance of the conditional use permit.
2. b.
  The permittee has failed to comply with the conditions imposed by the conditional use permit.
2.
Revocation process.
1. a.
  The owner of such site, service provider and/or tower owner shall be notified by certified mail of noncompliance by the town clerk of the town.
2. b.
  The owner shall comply with such notice within 30 days to the satisfaction of the town board of the town.
3. c.
  If compliance is not obtained within 30 days, the town clerk shall notify the town board of the noncompliance and request permission to proceed with the revocation process. This time period may be extended to adjust for seasonal limitations or other legitimate factors.
4. d.
  The town board shall upon request of the town clerk set a public hearing date for the revocation of the conditional use permit and publish a Class 2 notice of the date, time, and place of the hearing pursuant to Wis. Stats. ch. 985.
5. e.
  A copy of the notice of hearing shall also be mailed certified mail, return receipt requested, to the owner of record of the telecommunications facility at least two weeks before the hearing.
6. f.
  The zoning administrator for the town shall appear at the hearing before the town board to present the evidence of noncompliance. Any other interested parties may also give testimony to the town board.
7. g.
  A written decision of the town board shall be issued and mailed to the owner of record of the telecommunications facility (certified mail; return receipt requested) within 14 days of the revocation hearing.

Conditional use permit application process under this section.

1.
Application.
1. a.
  The application for a conditional use permit under this section shall be filed with the town plan commission on a form so prescribed by the town.
2. b.
  The application shall be accompanied by such plans and/or data prescribed by this section and shall include a statement in writing by the applicant and adequate evidence showing that the proposed conditional use will conform to the standards set forth in the respective zoning districts. The applicant shall be responsible for providing to the town clerk the names, mailing addresses and parcel number of all property owners within 300 feet of the perimeter property line as it exists at the time of the application for conditional use. This requirement does not apply to the boundary of a leased parcel unless the leased parcel boundary is also a property line.
3. c.
  Conditional use applications shall be reviewed by the plan commission and a written recommendation submitted thereon to the town board. In order to secure evidence upon which to base its recommendation, the plan commission may require, in addition to the information required for a conditional use permit, the submission of plans of buildings, arrangement of operations, plat of grounds showing location of buildings, stockpiles, equipment storage, fences or screens, specifications of operations, parking areas, traffic access, open spaces, landscaping and any other pertinent information that may be necessary to determine if the proposed use meets the requirements of the section.
2.
Hearing on application. Upon receipt in proper form of the written recommendation from the plan commission, the town board shall hold at least one public hearing on the proposed conditional use. Notice of such public hearing specifying the time, place and matters to come before the town board shall be given as a Class 1 notice as referred to in Wis. Stats. ch. 985. Due written notice of the hearing via U.S. mail shall be given to the property owner and applicant as well as owners of property within 300 feet of the property line upon which the conditional use is being proposed.
3.
Fee. There shall be an application fee for a conditional use permit as prescribed in the town fee schedule, available in the office of the town clerk.

(Code 2006, § 13-1-133)

Effective on: 1/1/1901