Provide uniform regulation of all signal receiving antenna devices;

Secure placement of such antennas in an aesthetically sensitive manner while allowing users reasonable reception of signals;

Protect the public from injury from antennas that are inadequately mounted, unduly susceptible to wind pressure, improperly installed and wired, or are placed on structures insufficiently designed or constructed to safely support the antenna; and

Provide for placement of such antennas in locations that preserve access to rear property areas by fire-fighting apparatus and emergency personnel.

Setbacks.

Mounting. Signal-receiving antennas attached to the wall or roof of any principal or accessory structure shall be permitted only if the structure is properly constructed to carry all imposed loading and complies with applicable state and local building code requirements. The Zoning Administrator may require engineering calculations.

Diameter. The diameter of the signal-receiving antenna shall not exceed 15 feet in diameter for commercial uses or 10 feet in diameter for residential uses, except for systems used to provide community antenna television services.

Height.

Wind pressure. All signal-receiving antennas shall be permanently mounted in accordance with the manufacturer's specifications for installation. All such installations shall meet a minimum wind load design velocity of 80 miles per hour.

Electrical installations. Electrical installations in connection with signal-receiving antennas, including grounding of the system, shall be in accordance with the National Electrical Safety Code, Wisconsin State Electrical Code and the instructions of the manufacturer. In cases of conflict, the stricter requirements shall govern. All cable used to conduct current or signals from the signal-receiving antenna to the receivers shall be installed underground unless installation site conditions preclude underground. If a signal-receiving antenna is to be used by two or more residential property owners, all interconnecting electrical connections, cables and conduits must also be buried. The location of all such underground lines, cables and conduits shall be shown on the application for a permit. All signal-receiving antennas shall be grounded against direct lightning strikes.

Temporary placement. No portable or trailer-mounted signal-receiving antenna shall be allowed, except for temporary installation for on-site testing and demonstration purposes for periods not exceeding five days. However, such trial placement shall be in accordance with all provisions of this section. Failure to comply shall result in a citation being issued for violation of this section. Any person making such temporary placement shall first give written notice to the Zoning Administrator of the date when such placement shall begin and end.

Advertising. No form of advertising or identification, sign or mural is allowed on the signal-receiving antenna other than the customary manufacturer's identification plates.

Interference with broadcasting. Signal receiving antennas shall be filtered and/or shielded so as to prevent the emission or reflection of any electromagnetic radiation that would cause any harmful interference with the radio and/or television broadcasting or reception on adjacent properties. In the event that harmful interference is caused subsequent to its installation, the owner of the signal-receiving antenna shall promptly take steps to eliminate the harmful interference in accordance with Federal Communications Commission regulations.

Compliance with federal regulations. The installation and use of every signal receiving antenna shall be in conformity with the Federal Cable Communications Policy Act of 1984 and regulations adopted thereunder.

Aesthetic considerations. Signal receiving antennas shall be located and designed to reasonably reduce visual impact from surrounding properties at street level.

It shall be unlawful to construct, use, build or locate any signal receiving antenna in violation of any provisions of this section. In the event of any violation, the Common Council or any property owner who would be specifically damaged by such violation may institute appropriate action or proceedings to enjoin a violation of this section.

Any person, firm or corporation who fails to comply with the provisions of this section shall, upon conviction, be subject to the general penalty found in § 1-4.

A land use permit shall be obtained to allow construction of a WECS.

A WECS permit shall be obtained from the City Zoning Administrator for the construction of all WECS.

The property lines of the proposed site of construction.

Proposed location of the WECS.

Location and description of all structures located on the property where the WECS site is proposed.

Location of all aboveground utility lines within a radius equal to two times the height of the proposed WECS.

Location of all underground utility lines on the property where a WECS site is proposed.

Dimensional representation of the structural components of the tower construction including the base and footings.

Schematic of electrical systems associated with the WECS including all existing and proposed electrical connections.

Manufacturer's specifications and installation and operation instructions or specific WECS design information.

Certification by a registered professional engineer that the tower design is sufficient to withstand wind load requirements for structure as defined by the Uniform Building Code.

No WECS shall be constructed in any setback, dedicated easement, or dedicated roadway.

Installation of any WECS may not be nearer to any property lines or right-of-way for overhead electrical transmission or distribution lines than three times the height of the WECS structure.

All WECS shall be designed with an automatic overspeed control to render the system inoperable when winds are blowing in excess of the speeds for which the machine is designed.

All WECS shall have a manually operable method to render the system inoperable in the event of a structural or mechanical failure of any part of the system including the automatic overspeed control.

All WECS shall be designed with an automatic control to render the system inoperable in case of loss of utility power to prevent the WECS from supplying power to a de-energized electrical distribution system.

Any WECS declared to be unsafe by the Zoning Administrator by reason of inadequate maintenance, dilapidation, obsolescence, fire hazard, disaster, damage or abandonment is hereby declared to be a public nuisance and shall be abated by repair, rehabilitation, demolition, or removal in accordance with the procedures set forth in the City of Prescott Code of Ordinances.

Encourage the use of local renewable energy resources to reduce carbon and other greenhouse gas emissions.

Encourage the use of solar energy to diversify the City of Prescott's energy supply and reduce exposure to risks associated with fossil fuels.

Except for roof-mount solar energy systems, a land use permit is required for all solar energy systems and a site plan shall be submitted with the permit application.

All solar systems must comply with setback and height standards for the district in which the system is located and the following:

All systems shall be in compliance with all applicable local, state and federal regulatory codes, including the State of Wisconsin Uniform Building Code, as amended; and the National Electric Code, as amended.

Electric solar energy system components must have a UL or equivalent listing and solar hot water systems must have an SRCC rating.

All systems shall meet approval of local building code officials, consistent with the State of Wisconsin Building Code or the Building Code adopted by the local jurisdiction, and solar thermal systems shall comply with HVAC related requirements of the Energy Code.

Photovoltaic systems shall comply with the Wisconsin State Electric Code.

Solar thermal systems shall comply with applicable Wisconsin State Plumbing Code requirements.

Grid intertie solar energy systems shall comply with the interconnection requirements of the electric utility. Off-grid solar energy systems are exempt from this requirement.

A detailed site plan is required showing existing and proposed conditions, zoning districts, locations of all solar arrays, fencing, other structures, property lines, rights-of-way, service roads, floodplains, wetlands and other protected natural resources, topography, electric equipment, and any other characteristics requested by the City of Prescott.

A screening plan, prepared by a qualified professional, is required and shall meet the requirements Article XIII, Landscaping.

A vegetative management plan, prepared by a qualified professional, is required and shall include:

A qualified engineer shall certify that the foundation and design of the solar panel racking, and support is within accepted professional standards, given local soil and climate conditions.

Power and communication lines running between banks of solar panels and to nearby electric substations or interconnections with buildings shall be buried underground.

A decommissioning plan is required to ensure the facilities are properly removed after their useful life.

Address other impacts found to be inconsistent with the City's Comprehensive Plan.

Ground- and pole-mount systems where the system is designed and installed to serve only those structures on the lot on which the system is located.

Solar energy systems must meet the setback for the zoning district and primary land use associated with the lot on which the system is located.

Rooftop systems.

Ground-mount community solar energy systems covering up to 10 acres in all Industrial Districts and in the A-1 Agricultural District.

Building or roof-mounted solar energy systems shall not exceed the maximum allowed height in any zoning district. For purposes of height measurement, solar energy systems other than building-integrated systems shall be given an equivalent exception to height standards as building-mounted mechanical devices or equipment.

Solar energy systems must meet the accessory structure setback for the zoning district and primary land use associated with the lot on which the system is located, except as allowed below.

Solar energy systems in residential districts shall be designed to minimize visual impacts from the public right-of-way, as described below, to the extent that doing so does not affect the cost or efficacy of the system, consistent with Wis. Stats. § 66.0401.

On-site renewable energy systems, zero-net-energy (ZNE), zero-net-carbon (ZNC) building designs, solar synchronized electric vehicle charging, or other clean energy systems may be required for approval of a planned unit development to:

Mobile service facilities and support structures provide an important infrastructure for a wide variety of communication tools for emergency services providers, businesses, and the public.

The purpose of this section is to:

Portable or mobile structures and facilities (i.e., those in existence for not more than one year) for temporary mobile services or temporary services providing public information coverage of news events or of an emergency. One extension, of one year or less, may be approved by the Zoning Administrator upon prior written request and demonstration of need.

Public safety communications support structures and related facilities owned and operated by federal, state, county, or other local unit of government.

Support structures, including mobile service support structures, destroyed or partially destroyed by an event that directly and exclusively results from the occurrence of natural causes (e.g., earthquakes, fire, flood, storm, tornado, and violent wind), explosion, terrorism, vandalism, or similar calamity not caused by, nor which could not have been prevented by the exercise of foresight or caution of, the mobile service support structure owner or property owner, may be replaced with a mobile service support structure of the same type and height without a permit, upon prior written notice to and approval of the Zoning Administrator.

Structures for residential satellite dishes, residential television antennas, or other antennas that are used privately, provided that the antenna use constitutes ancillary or secondary use, not primary use, of the property.

Antenna facilities, but only to the extent set forth in Wis. Stats. § 59.69(4d)(a) through (c).

Amateur radio antennas, but only to the extent set forth in Wis. Stats. § 59.69(4f)(a) through (b), that are owned and/or operated by a federally licensed amateur radio operator, provided that the antenna use constitutes ancillary or secondary use, not primary use, of the property.

A permit is required, subject to the provisions and limitations of Wis. Stats. § 66.0404 for any of the following activities:

Provided all the requirements of this section are met, a permit to engage in the activities described in Subsection F(1)(a) through (c), above, shall be issued to the applicant.

Prior to engaging in any siting, construction, or modification activity described in § 635-84D, the applicant must complete the application process and obtain a permit.

All applications shall be in writing, on the prescribed form, and shall contain all of the information set forth below, as applicable:

Applications for new construction of mobile service support structures and mobile service facilities and Class 1 co-locations shall include the following information:

If the application is to substantially modify an existing support structure, the application shall also include construction plans and specifications which describes the proposed modifications to the support structure, the equipment, network components and related equipment associated with the proposed modifications.

If the application is to construct a new mobile service support structure, the application shall also include the following:

The Zoning Administrator may, in the exercise of their discretion, engage the services of third-party consultants to assist with review of the application and permit. If a third-party consultant is engaged, the applicant shall pay, subject to Wis. Stats § 66.0404(4)(f), the actual, necessary, and direct costs of the third-party consultant.

All applications shall be accompanied by a nonrefundable permit fee, consistent with Wis. Stats § 66.0404(4)(d)1 through 2, as established by the Council of the City of Prescott.

The permit fee requirements do not apply to support structures and facilities wholly owned and operated by, or for the sole use or benefit of the state, the county, or a municipality.

An applicant is responsible for paying all fees and expenses charged by a third-party consultant retained by the department to review a mobile or radio broadcast services application or permit, except that the department is responsible for the third-party consultant's travel expenses. An applicant's failure to pay a third-party consultant's fees and expenses, other than travel expenses, is grounds to deny an application or revoke a permit.

The Zoning Administrator will determine whether or not an application is complete. To be deemed complete, an application must contain all the information required by this section, be properly executed, and be accompanied by the requisite fee and payment of (or agreement to pay) any applicable charges.

The Zoning Administrator shall notify the applicant in writing within 10 days (five days for a class 2 co-location) of receiving the application whether it is complete or incomplete. The written notification shall specify in detail any required information that was incomplete. An applicant may resubmit an application as often as necessary until it is complete.

Within 90 days (45 days for a class 2 co-location) after an application is determined to be complete, the Zoning Administrator shall complete all of the following or the applicant may consider the application approved, except that the applicant and the Zoning Administrator may agree in writing to an extension of the ninety-day 45 days for a class 2 co-location) period:

The Zoning Administrator may disapprove an application if an applicant refuses to evaluate the feasibility of co-location within the applicant's search ring and provide the sworn statement described in § 635-84G(3)(a).

Permits are valid only for the person or persons listed on the permit.

Permits may only be transferred if the real property is sold, or the lease is transferred. Permit transfer forms shall be reviewed by the Zoning Administrator, and when deemed complete, they shall be fully executed and notarized. The transfer form shall have note place on the face of the document stating that the transferee meets all the applicable requirements of this section, and of the original permit.

Mobile service facilities, support structures and antennas shall be designed, constructed, and operated in accordance with applicable provisions of the State of Wisconsin Uniform Dwelling Code, Wisconsin State Electrical Code, Wisconsin State Plumbing Code, Wis. Admin. Code, Chapters SPS 341 and SPS 364, the standards of the Electronic Industries Association (EIA), the American Iron and Steel Institute (AISI), and the American National Standards Institute (ANSI) in effect at the time of manufacture and construction.

Mobile service facilities and support structures shall not interfere with or obstruct existing or proposed public safety, fire protection or Supervisory Controlled Automated Data Acquisition (SCADA) operation telecommunication facilities. Any actual interference and/or obstruction shall be corrected by the applicant at no cost to the City.

Mobile service support structures and mobile service facilities, to the degree feasible and practicable, shall be nonreflective in color.

The perimeter of the equipment compound shall be located within 50 feet of the associated support structure, as measured from the center of the support structure.

Buildings located within the equipment compound shall not exceed 26 feet in height, measured from the original grade at the base of the facility to the top of the facility.

The setback or fall zone requirement for mobile service support structures is the height of the structure (e.g., tower) plus 10%.

If an applicant provides the City with an engineering certification showing that a mobile service support structure, or an existing structure, is designed to collapse within a smaller area than the setback or fall zone area required above, the setback or fall zone requirement in § 635-84L(1) shall not apply to such structure unless the City provides the applicant with substantial evidence that the engineering certification is flawed.

All mobile service support structures and mobile service facilities shall meet all required shoreland setbacks. A lesser setback from the ordinary high-water mark shall be allowed only if the applicant demonstrates that there is no feasible alternative location outside of the shoreland setback area and best management practices to infiltrate or otherwise control stormwater runoff from the structure are employed.

No mobile service support structures or mobile service facilities shall be located within any designated critical public safety communications corridor. The burden is on the applicant to demonstrate that the project will avoid interference to critical public safety communications. The objectives here are to: promote robust and reliable, and prevent or mitigate interference to, public safety communications (e.g., law enforcement, emergency medical, and fire) systems that provide critical safety-of-life communications services. This requirement reflects the minimum practical regulations that are necessary to accomplish that public health and safety objective.

No mobile service support structure or mobile service facility shall be permitted in wetlands.

Noise and traffic. Mobile service support structures or mobile service facilities shall be constructed and operated in such a manner as to minimize the amount of disruption caused to nearby properties. To that end, the following measures shall be implemented for mobile service support structures or facilities:

Security and signage.

Restoration requirement. Any mobile service support structure or mobile service facility that has not been used for a continuous period of 12 months shall be considered to have ceased operation. Within six months of the mobile services permit holder being notified that a mobile service support structure or related facility is considered to have ceased operation, the property shall be restored as herein required:

If removal to the satisfaction of the Zoning Administrator does not occur within six months, the Zoning Administrator may order restoration utilizing the established financial assurance as provided under § 635-84N(3)(g), and salvage said mobile service support structure or facility.

Subject to Wis. Stats. § 66.0404(4)(i), as a condition of the issuance and validity of a permit, the applicant/permit holder shall file and maintain a financial assurance with the City. The financial assurance:

The permit holder may change financial assurance. This may not be done more than once a year unless required by an adjustment imposed pursuant to § 635-84(3)(c). The permit holder shall give the Zoning Administrator at least 60 days' notice prior to changing financial assurance and may not actually change financial assurance without the prior written approval of the Zoning Administrator.

Any person who obtains a permit from the Zoning Office for two or more sites may elect, at the time the second or subsequent permit is approved, to post a single financial assurance in lieu of separate financial assurance instruments for each site. When an applicant/permit holder elects to post a single financial assurance in lieu of separate financial assurances for each site, no financial assurances previously posted on individual sites shall be released until the new financial assurance has been accepted by the Zoning Administrator.

The financial assurance requirements do not apply to support structures and facilities wholly owned and operated by, or for the sole benefit or use of, the state, county or a municipality.

This financial assurance requirement is deemed competitively neutral, nondiscriminatory, and commensurate with the historical record for surety requirements for other facilities and structures in the City which fall into disuse.

Administration. The Zoning Administrator is empowered and responsible to administer this section, issue permits as appropriate under this section, and perform all other duties within the scope of this section. All duties shall be the responsibility of the Zoning Administrator, or his or her designee, except as otherwise specified.

Appeals. A party who is aggrieved by the final decision of the Zoning Administrator to approve or disapprove an application hereunder may only pursue the remedy set forth in Wis. Stats. §§ 66.0404(2)(f) or 66.0404(3)(d).

Violations. It shall be unlawful to site, construct, install, reconstruct, improve, extend, enlarge, relocate, or convert any support structure or related facility in violation of the provisions of this chapter. It shall also be unlawful to fail to obtain a permit.

Enforcements, penalties, and remediation. The City may enforce this chapter by any lawful enforcement method deemed appropriate and necessary, including the following:

Nonexclusivity. Enactment of this section does not preclude the City from enacting any other ordinance or providing for the enforcement of any other law or ordinance relating to the same or other matter. The issuance of a citation or the filing of a summons and complaint hereunder shall not preclude the City or any other person or entity from proceeding under any other law, ordinance, regulation or order or by any other enforcement method to enforce any law, ordinance, regulation or order.

Promote and protect public health, safety, and general welfare.

Minimize or eliminate the adverse public health or safety effects of the siting and construction of radio broadcast service facilities, through the minimum practical regulations that are necessary to accomplish these objectives.

Reasonably accommodate radio broadcast services.

Not prohibit, or have the effect of prohibiting, the provision of radio broadcast service.

A permit is required for radio broadcast service facilities.

The application process, fee and charges, application review, permit grant, and permit transferability for radio broadcast service facilities shall be as set forth in § 635-84G through J.

Preserve the City's authority over zoning and land use decisions for other communications services support structures and related facilities.

Promote and protect public health, safety, and general welfare.

Minimize or eliminate the adverse public health or safety effects of other communications services support structures and related facilities through the minimum practical regulations that are necessary to accomplish these objectives.

Encourage co-location to the extent technologically feasible and engage in cooperative efforts with providers to chart the potential overlap of desirable locations, in order to minimize the number of structures and facilities to be sited.

To not unreasonably discriminate among providers of functionally equivalent services.

To not regulate in a manner that prohibits or has the effect of prohibiting the provision of these other communications services.

Permit is required for radio broadcast service facilities.

The application process, fee and charges, application review, permit grant, and permit transferability, for other communications service support structures and related facilities are consistent with that set forth in § 635-84G through J.