(a)

This section is intended to regulate mobile support service structures and mobile service facilities to the full extent allowed by Wis. Stats. § 66.0404, and other applicable laws. Nothing herein is intended to regulate or to authorize the regulation of mobile service support structures and mobile service facilities in a manner that is preempted or prohibited by Wis. Stats. § 66.0404, or other applicable laws.

(b)

To ensure the provision of personal wireless telecommunication service within the corporate boundaries of and for the benefit of the residents of the village.

(c)

To protect the public health, safety, and general welfare of the community, public and private property, and community aesthetics.

(d)

To avoid potential damage to adjacent properties from mobile service support structures through engineering and careful siting of mobile service support structures.

(e)

To maximize the use of existing and approved mobile service support structures and mobile service facilities to accommodate multiple antennas in order to reduce the number of mobile service support structures needed to serve the community.

(Ord. No. 2016-2 VB, § 1, 2-8-2016)

The Village's regulatory power extends to three types of projects:

(1)

Projects regarding the siting and construction of a new mobile service support structure and mobile service facility.

(2)

Projects requiring substantial modification of an existing mobile service support structure and mobile service facility. Projects of this type are referred to as "class 1 collocation".

(3)

Projects requiring neither construction of a new mobile service support structure and/or mobile service facility nor a substantial modification of an existing mobile service support structure and/or mobile service facility. Projects of this type are referred to as "class 2 collocation".

(Ord. No. 2016-2 VB, § 1, 2-8-2016)

The definitions contained in Wis. Stats. § 66.0404(1), are hereby adopted and incorporated herein by reference.

(Ord. No. 2016-2 VB, § 1, 2-8-2016)

The following are exempt from the requirements of this article:

(1)

Amateur radio towers installed, erected, maintained and/or operated in any zoning district by a federally licensed amateur radio operator so long as all the following conditions are met:

a.

The antenna use involved is accessory to the primary use of the property which is not a telecommunication facility.

b.

In a residential zone, no more than one support structure for licensed amateur radio operator is allowed on the parcel.

c.

Sufficient anti-climbing measures have been incorporated into the facility, as needed, to reduced potential for trespass and injury.

d.

The radio tower shall not exceed the height limit for the zoning district in which it is located and shall be set back one foot from the property line for every foot in height.

(2)

Television antennas installed, erected, maintained and/or operated as an accessory use to the primary use of the property which is not a telecommunication facility.

(3)

Publicly owned and operated telecommunication facilities required in the public interest to provide for and maintain a radio frequency telecommunication system, including digital, analog, wireless or electromagnetic waves, for police, fire and other municipal or other governmental services.

(Ord. No. 2016-2 VB, § 1, 2-8-2016)

(a)

Conditional use permit required. A conditional use permit is required for the siting and construction of a new mobile service support structure and mobile service facility and/or the substantial modification of an existing mobile service support structure and mobile service facility (class 1 collocation) and is subject only to the conditions set forth in this article. The conditional use permit procedure is set forth in sections 70-161—70-165 of this code.

(b)

Applications for permits.

(1)

Applications for a permit shall be provided by the village clerk-treasurer. Applications shall be completed and filed with the village clerk-treasurer and shall include the following information and/or documentation:

a.

Name and business address and contact information for the applicant.

b.

Location of the proposed or affected mobile service support structure.

c.

The location of the proposed mobile service facility.

d.

If the application substantially modifies an existing mobile service support structure, a construction plan which describes the proposed modification to the mobile service support structure and the equipment and network components, including antennas, transmitters, receivers, base stations, power supplies, cabling and related equipment associated with the proposed modifications.

e.

If the application is to construct a new mobile service support structure, a construction plan which describes a proposed mobile service support structure and equipment network components, including antennas, transmitters, receivers, base stations, power supplies, cabling and related equipment to be placed on or around the new mobile service support structure.

f.

If the application is to construct a new mobile service support structure, an explanation as to why the applicant chose the proposed location and why the applicant did not choose collocation, including a sworn statement from the individual who has responsibility over the placement of the mobile service support structure, attesting that collocation within the applicants search ring would not result in the same mobile service functionality, coverage and capacity; or is technically unfeasible; or is economically burdensome to the mobile service provider.

g.

A document from the property owner or lessor that allows the applicant to apply for a building permit and conditional use permission to erect a mobile service support structure and/or mobile service facility.

h.

A site plan which shows property lines, leasehold lines, if applicable, location of wireless telecommunications tower or antenna, setback distances, any accessory equipment structure, fencing and landscaping proposed.

i.

An artist's or architect's sketch, concept or rendition of the site as built including elevations, landscaping, screening, appropriate camouflage and fencing.

j.

Sufficient information to show that construction, installation and maintenance of the wireless telecommunications tower and/or antenna will not create a safety hazard or damage to the property of other persons.

k.

A report and plan from a qualified and registered engineer or firm that specifies the following:

1.

The tower height and design including cross section and elevation.

2.

The height above grade for all potential mounting positions for collocated antenna and the minimum separation distances between antenna.

3.

Structural mounting designs and materials list.

4.

The capacity of the tower, including the number and type of antenna that the tower can accommodate.

5.

As applicable, an engineer's stamp and number.

l.

If an applicant submits and application for a permit to engage in an activity described in this article, which contains all the information required under subsections a. through k. above, the building inspector shall consider the application complete. If the village clerk-treasurer does not believe the application complete, they shall notify the applicant in writing within ten days of receiving the application that the application is not complete. The written notification shall specify in detail the required information that was incomplete. An applicant may resubmit an application as often as necessary until it is complete.

(c)

Referral to planning commission.

(1)

If the application is complete as determined by the building inspector, the matter shall be referred to the village planning commission for its review.

(2)

Within 90 days of its receipt of a complete application, the planning commission shall complete all of the following or the applicant may consider the application approved, except that the applicant and the planning commission may agree in writing to an extension of the 90-day period:

a.

Review the application to determine whether it complies with all applicable aspects of the village's building code and, subject to the limitations in this chapter, village zoning ordinances.

b.

Make a final decision whether to approve the application, with or without conditions, or to deny the application.

c.

Notify the applicant, in writing, of its final decision.

d.

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

(3)

Conditional use status shall not be granted to a mobile service support structure unless the mobile service support structure is located so that there is sufficient radius of clear land around the mobile service support structure so that its collapse shall be completely contained on the owner's property, subject to the following. If an applicant provides engineering certification that the mobile service support structure is designed to collapse within a smaller area than the radius equal to the height of the mobile service support structure, the smaller area shall be used unless the village has, and provides the applicant with, substantial evidence that the engineering certification is flawed.

(4)

No new mobile service support structure shall be located on any lot or parcel of land in any zoning district unless that lot or parcel of land is greater than two acres.

(5)

Mobile service support structure and mobile service facilities shall comply with the yard and setback requirements of the zoning district in which they are located.

(6)

The fee for the permit shall be $3,000.00 subject to the requirements of Wis. Stats. § 66.0404(4)(d)2.

(Ord. No. 2016-2 VB, § 1, 2-8-2016)

(a)

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

(b)

Applications for a permit shall be provided by the village clerk-treasurer. Applications shall be completed and filed with the village clerk-treasurer and shall include the following information:

(1)

Name, business address, and contact information for the applicant.

(2)

Location of the proposed or affected mobile service support structure.

(3)

The location of the proposed mobile service facility.

(4)

Description of project.

(c)

A class 2 collocation is subject to the same requirements for the issuance of a building permit to which any other type of commercial development or land use development is subject.

(d)

If an applicant submits an application to the village clerk-treasurer for a permit to engage in a class 2 collocation and the application contains all of the information required by subsection (b) [of this section], the village clerk-treasurer shall consider the application complete. If the required information is not in the application, the village clerk-treasurer shall notify the applicant in writing, within five days of receiving the application, that the application is not complete. The written notification shall specify in detail the required information. An applicant may resubmit an application as often as necessary until it is complete.

(e)

Within 45 days of the village clerk-treasurer's receipt of a complete application, the building inspector shall complete all of the following or the applicant may consider the application approved, except that the applicant and the building inspector may agree in writing to an extension of the 45-day period:

(1)

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

(2)

Notify the applicant, in writing, of the building inspector's final decision.

(3)

If the application is approved, issue the applicant the relevant permit.

(4)

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

(f)

The fee for the permit shall be $500.00 subject to the requirements of Wis. Stats. § 66.0404(4)(d)1.

(Ord. No. 2016-2 VB, § 1, 2-8-2016)

The requirements of this article apply to all mobile service support structures and mobile service facilities erected, constructed, placed, modified or replaced in the village they shall be designed and situated to be visually unobtrusive, to minimize the impact upon neighboring uses, and shall conform to the following design and siting criteria:

(1)

Accessory equipment structures. All accessory equipment structures adjacent to an antenna system and/or tower shall be screened or architecturally designed to blend in with the surrounding environment and shall meet the minimum setback requirements of the applicable zoning district.

(2)

Fencing. When deemed necessary by the planning commission, appropriate safety fencing shall be incorporated into the site.

(3)

Landscaping and screening. When deemed necessary by the planning commission or when required by the village code, proper landscaping and screening shall be incorporated into the site.

(4)

International building code. Every mobile service support structure and mobile service facility shall comply with the requirements of the International Building Code as amended from time to time.

(5)

Roof mounted antennas. Roof mounted antennas shall not be permitted on buildings with pitched roofs, unless they are stealth antennas incorporated into upward thrusting architectural elements, such as a church steeple, spire or bell tower, smokestack, or radio tower. On flat roofs, the height of the antenna and mounting hardware may not be more than 15 feet above the height of the building to which the antenna is attached.

(6)

Structurally mounted antennas. Antennas mounted on the sides of buildings shall be attached flush with the side of the building, and shall not protrude more than three feet from the side of the building.

(7)

Lights. No antenna or mobile service support structure shall have affixed or attached to it in any way any lights, reflectors, flashers, daytime strobes, or steady nighttime light or other illuminating devices except as may be required by the federal aviation administration (FAA).

(8)

Signs and advertising. No signs and/or advertising message shall be affixed to the mobile service support structure or antenna.

(Ord. No. 2016-2 VB, § 1, 2-8-2016)

If a mobile service support structure shall cease to be used for a period exceeding one year and a day, the owner or operator of said structure shall remove the mobile service support structure upon the written request of the building inspector at no cost to the village within 90 days of said request. Prior to the issuance of any building or zoning permits, a performance bond as referenced in section 70-410 of this article shall be provided to guarantee that a mobile service support structure that has ceased being used for mobile service facilities purposes is removed.

(Ord. No. 2016-2 VB, § 1, 2-8-2016)

The village may, at any time, inspect any mobile support service structure or mobile service facility to ensure its structural integrity. If, upon such inspection, the village's duly designated inspector determines that the mobile service support structure or mobile service facility fails to comply with such applicable codes, and that such failure constitutes a danger to persons or property, then, upon notice being provided to the owner of the mobile service support structure or mobile service facility, the owner shall have 30 days to bring the mobile service support structure or mobile service facility into compliance with the applicable codes and standards or to submit to the village a report by a qualified and registered engineer attesting to the structural integrity of the mobile service support structure or mobile service facility. Failure to bring the mobile service support structure or mobile service facility into compliance within the said 30 days shall constitute cause for the removal of the mobile support service structure or mobile service facility at the owner's expense.

(Ord. No. 2016-2 VB, § 1, 2-8-2016)

All new or existing telecommunications services shall comply with all relevant federal communications commission (FCC) and federal aviation administration (FAA) standards and shall not interfere with public safety and other village and private telecommunications operations.

(Ord. No. 2016-2 VB, § 1, 2-8-2016)

A performance bond shall be required in the amount of $20,000.00 prior to the issuance of a permit under this article to ensure that all of the requirements of this article are complied with by the permittee.

(Ord. No. 2016-2 VB, § 1, 2-8-2016)

If any provision of this article is deemed invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the other provisions of same. The several sections and subsections of this article are declared to be severable. If any section or portion thereof shall be declared by a decision of a court of competent jurisdiction to be invalid, unlawful or unenforceable, such decision shall apply only to the specific section or portion thereof directly specified in the decision, and shall not affect the validity of any other provisions, sections or portions thereof of this article which shall remain in full force and effect.

(Ord. No. 2016-2 VB, § 1, 2-8-2016)