A.   Intent. It is intended that mobile service facilities and radio broadcast service facilities be regulated hereunder by conditional use permit for the public health and safety. Reports from multiple studies gathered by the National Institute of Health have found links between radiofrequency electromagnetic fields and negative health effects, but also reflect that the scientific community is split as to whether prolonged radiofrequency exposure is dangerous to human health. Until such time as exposure to electromagnetic radiation is proven safe, the Village Board presumes that human health is affected by the placement of towers and antennas from which exposure may occur. In addition, towers that contain the mobile and broadcast facilities may collapse and cause catastrophic damage to Village citizens and property. The regulations herein reflect the minimum practical regulation that is necessary to accomplish the protection of the public.

   B.   Definitions.

      “Antenna” means communications equipment that transmits and receives radio waves or electromagnetic radio signals and is used in the provision of mobile services or radio broadcast services.

      “Application” means an application for a permit under this section to engage in an activity specified as new construction or substantial modification of mobile service facilities or radio broadcast facilities or a class 2 collocation.

      “Building Permit” means any applicable permit issued by the Building Inspector that authorizes an applicant to conduct construction activity that is consistent with the Village Building, Plumbing, Electrical and Mechanical Code, Chapter 11 of this Municipal Code.

      “Class 1 Collocation” means the placement of a new mobile service facility or radio broadcast service facility on an existing support structure such that the owner of the facility does not need to construct a free standing support structure for the facility but does need to engage in substantial modification.

      “Class 2 Collocation” means the placement of a new mobile service facility or radio broadcast service facility on an existing support structure such that the owner of the facility does not need to construct a free standing support structure for the facility or engage in substantial modification.

      “Collocation” means class 1 or class 2 collocation or both.

      “Distributed Antenna System” means a network of spatially separated antenna nodes that is connected to a common source via a transport medium and that provides mobile service within a geographic area or structure.

      “Equipment Compound” means an area surrounding or adjacent to the base of an existing support structure within which is located mobile service facilities or radio broadcast service facilities.

      “Existing Structure” means a support structure that exists at the time a request for permission to place mobile service facilities on a support structure is filed with the Village.

      “Fall Zone” means the area over which a mobile support structure or radio broadcast tower or antenna is designed to collapse.

      “Mobile Service” has the meaning given in 47 USC 153 (33).

      “Mobile Service Facility” means the set of equipment and network components, including antennas, transmitters, receivers, base stations, power supplies, cabling, and associated equipment, that is necessary to provide mobile service to a discrete geographic area, but does not include the underlying support structure.

      “Mobile Service Provider” means a person who provides mobile service.

      “Mobile Service Support Structure” means a freestanding structure that is designed to support a mobile service facility.

      “Permit” means a Conditional Use Permit or Zoning Permit required by this section which authorizes any of the following activities by an applicant:

         1.   A class 1 collocation.

         2.   A class 2 collocation.

         3.   The construction of a mobile service support structure.

         4.   The construction of a radio broadcast service facility.

      “Public Utility” has the meaning given in Wis. Stat. s. 196.01(5).

      “Radio Broadcast Services” means the regular provision of a commercial or noncommercial service involving the transmission, emission, or reception of radio waves for the transmission of sound or images in which the transmissions are intended for direct reception by the general public.

      “Radio Broadcast Service Facilities” means commercial or noncommercial facilities, including antennas and antenna support structures, intended for the provision of radio broadcast services.

      “Search Ring” means a shape drawn on a map to indicate the general area within which a support structure should be located to meet radio frequency engineering requirements, taking into account other factors including topography and the demographics of the service area.

      “Substantial Modification” means the modification of a support structure, including the mounting of an antenna on such a structure that does any of the following:

         1.   For structures with an overall height of 200 feet or less, increases the overall height of the structure by more than 20 feet, except it shall not be considered a substantial modification if a greater height is necessary to avoid interference with an existing antenna.

         2.   For structures with an overall height of more than 200 feet, increases the overall height of the structure by 10 percent or more, except it shall not be considered a substantial modification if a greater height is necessary to avoid interference with an existing antenna.

         3.   Measured at the level of the appurtenance added to the structure as a result of the modification, increases the width of the support structure by 20 feet or more, unless a larger area is necessary for collocation, or unless a greater protrusion is necessary to shelter the antenna from inclement weather or to connect the antenna to the existing structure by cable.

         4.   Increases the square footage of an existing equipment compound to a total area of more than 2,500 square feet.

      “Support Structure” means an existing or new structure that supports or can support a mobile service facility, including a mobile service support structure, utility pole, water tower, building, or other structure, or a radio broadcast antenna support structure.

      “Tower Facility” means the support structure for mobile services or radio broadcast services.

      “Utility Pole” means a structure owned or operated by an alternative telecommunications utility, as defined in Wis. Stat. s. 196.01(1d); public utility, as defined in Wis. Stat. s. 196.01(5); telecommunications utility, as defined in Wis. Stat. s. 196.01(10); political subdivision; or cooperative association organized under Wis. Stat. ch. 185; and that is designed specifically for and used to carry lines, cables, or wires for telecommunications service, as defined in Wis. Stat. s. 182.017(1g)(cq); for video service, as defined in Wis. Stat. s. 66.0420 (2)(y); for electricity; or to provide light.

   C.   Applicability.

      1.   Facilities Regulated. The following facilities are subject to the regulations set forth in this Section and in section 35-151, Tower Site Standards:

         a.   New mobile service support structures and radio broadcast service support structures require conditional use permits.

         b.   Class 1 collocations that involve the substantial modification of an existing support structure, mobile service facilities, and radio broadcast service facilities require conditional use permits.

         c.   Class 2 collocations are permitted uses, require zoning permits, and are subject to the provisions set forth in subsection F.

      2.   Regulation. No installation or construction of the facilities regulated by this section are permitted except as provided in this section and Section 35-151, Tower Site Standards.

      1.   Mobile Service Support Structures. Pursuant to Wis. Stat. s. 66.0404(4)(c), the Village may not prohibit the placement of a mobile service support structure in particular locations in the Village.

      2.   Radio Broadcast Facilities. Pursuant to Wis. Stat. s. 66.0406(4), the Village may only deny the placement, construction or modification of radio broadcast service facilities in the Village for public health or safety concerns; therefore, pursuant to the intent of this Section set forth in subsection A, radio broadcast service facilities regulated by this Section, except amateur or citizen band towers that do not transmit a constant signal, shall not be located in any residential zoning district.

   E.   Submission Requirements for New or Substantial Modifications of Facilities and Support Structures. The siting and construction standards for new or substantial modifications of mobile support structures and facilities and new or substantially modified radio broadcast service facilities are set forth in s. 35-151. Pursuant to Wis. Stat. ss. 66.0404 and 66.0406, the Village is limited in its regulation of such structures. In the event that said statutes are amended or repealed, the construction or modification of such structures shall be required to abide by the requirements set forth in s. 35-22, Principles and Standards for the Aesthetic Evaluation of Site and Building Projects, and s. 35-100, Conditional Uses of this Code if those requirements are allowed. While said statutes are in effect, notwithstanding the requirements found in ss. 35-22 and 35-100, the applicant shall only be required to supply the following information in its application for a zoning permit and conditional use permit under this section, but shall be required to meet the requirements set forth in s. 35-151, Tower Site Standards:

      1.   The application shall be in writing and shall contain all of the following information:

         a.   The name and business address of, and the contact individual for, the applicant.

         b.   The location of the proposed or affected support structure.

         c.   The location of the proposed mobile service facility or radio broadcast service facility.

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

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

         f.   If an application is to construct a new mobile 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 an individual who has responsibility over the placement of the support structure attesting that collocation within the applicant’s search ring would not result in the same mobile service functionality, coverage, and capacity; is technically infeasible; or is economically burdensome to the service provider.

      2.   If an applicant submits an application for a permit hereunder which contains all of the information required under subsection 1, the application shall be considered complete. If the application is incomplete, the Zoning Administrator shall notify the applicant in writing, within 10 days of receiving the application, that the application is not complete. The written notification shall specify in detail the required information that was incomplete. An applicant may resubmit an application as often as necessary until it is complete.

      3.   Within 90 days of its receipt of a complete application, the Village shall complete all of the following or the applicant may consider the application approved, except that the applicant and the Village 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 Building, Plumbing, Electrical and Mechanical Code and, subject to the limitations in this section, this Chapter.

         b.   Make a final decision whether to approve or disapprove the application.

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

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

      4.   The Village may disapprove an application if an applicant refuses to evaluate the feasibility of collocation within the applicant’s search ring and provide the sworn statement described under subsection 1.f.

      5.   If an applicant provides the Village with an engineering certification showing that a mobile service support structure, a radio broadcast service facility structure, or an existing structure, is designed to collapse within a smaller area than the set back or fall zone area required in s. 35-151, that requirement does not apply to such a structure unless the Village provides the applicant with substantial evidence that the engineering certification is flawed.

   F.   Collocation on Existing Support Structures.

      1.   A class 2 collocation is a permitted use and does not require a conditional use permit, but is regulated as follows:

         a.   A class 2 collocation is subject to the building permit requirements set forth in this Municipal Code.

         b.   If an applicant submits an application for a permit to engage in a class 2 collocation, the zoning application shall be in writing and shall contain all of the following information:

            (1)   The name and business address of, and the contact individual for, the applicant.

            (2)   The location of the affected support structure.

            (3)   The location of the proposed mobile service facility or radio broadcast service facility.

         c.   The Village shall consider an application containing the information required in subsection b. complete.

         d.   If any of the required information is not in the application, the Zoning Administrator shall notify the applicant in writing, within five days of receiving the application, that the application is not complete. The written notification shall specify in detail the required information that was incomplete. An applicant may resubmit an application as often as necessary until it is complete.

         e.   Within 45 days of its receipt of a complete application, the Village shall complete all of the following or the applicant may consider the application approved, except that the applicant and the Village may agree in writing to an extension of the 45 day period:

            (1)   Make a final decision whether to approve or disapprove the application.

            (2)   Notify the applicant, in writing, of its final decision.

            (3)   If the application is approved, issue the applicant the relevant zoning permit.

            (4)   If the decision is to disapprove the application, include with the written notification substantial evidence which supports the decision.

   G.   Limitations. The Village is subject to the following statutory limitations when reviewing the applications for conditional use permits and/or zoning permits for the placement, construction or substantial modification of mobile service facilities or Class 2 collocations:

      1.   No application shall be disapproved based solely on aesthetic concerns.

      2.   No environmental testing, sampling, or monitoring requirements, or other compliance measures for radio frequency emissions may be required.

      3.   No regulation of radio frequency signal strength or the adequacy of mobile service quality is allowed.

      4.   The placement of emergency power systems may not be prohibited, and backup battery power may not be required.

      5.   The Village may not require that a support structure be placed on property owned by the Village.

      6.   No application may be disapproved based solely on the height of the tower structure or on whether the structure requires lighting, and the height of the structure may not be limited to under 200 feet.

      7.   Approval of an application shall not be conditioned on the agreement of the owner to provide space on or near the structure for the use of or by the Village at less than the market rate, or to provide the Village other services via the structure or facilities at less than the market rate, nor permitting the Village to place at or collocate mobile service facilities provided or operated by the Village or its entities or interests.

      8.   The applicant may not be required to construct a distributed antenna system instead of a new tower structure or engaging in collocation.

      9.   The application may not be disapproved because the Village has assessed that other locations may be suitable for conducting the activity.

      10.   The applicant may not be required to indemnify or insure the Village in connection with the Village’s exercise of its authority to approve the application.

   H.   Fees.

      1.   Permits. The fees for Conditional Use Permits and Zoning Permits required hereunder shall be set by the Village Board and reflected in the Fee Schedule, provided, however, that pursuant to Wis. Stat. s. 66.0404(4)(d), the fee for a Conditional Use Permit required under subsection C.1.a. or b. shall not exceed $3,000 and the fee for a Zoning Permit required under subsection C.1.c. shall not exceed the cost of the Building Permit or $500, whichever is less. No recurring fee is allowed.

      2.   Technical review. In the event the Plan Commission determines that it is necessary to consult with a third party in considering an application, all reasonable costs and expenses associated with such consultation shall be borne by the applicant, but the applicant shall not be required to pay travel expenses of the consultant. Failure to pay such costs and expenses or provide information required under this Section shall be grounds for denial or revocation of a permit. The applicant may provide to the Plan Commission the names of consultants which the applicant believes are qualified to assist in resolving the issues before the Plan Commission.

   I.   Abandonment.

      1.   Any antenna or tower that is not operated for a continuous period of 12 months shall be considered abandoned. In such circumstances, the owner of such antenna or tower or owner(s) of the property where the tower or antenna is located shall remove said antenna and/or tower including all supporting equipment, buildings, and foundations to a depth of five feet, and shall restore the location to its natural condition (except that any landscaping and grading may remain in the after-condition as determined by the Zoning Administrator) within 90 days of receipt of notice from the Zoning Administrator. If removal and restoration to the satisfaction of the Zoning Administrator does not occur within the said 90 days, the Zoning Administrator may remove and salvage said antenna/tower and all supporting equipment and buildings, and restore the site at the antenna/tower owner's or property owner's expense.

      2.   Security for Removal. The applicant shall provide to the Village, prior to the issuance of the conditional use permit, a surety in a form acceptable to the Village in the amount of $20,000.00 to guarantee that the tower and all supporting equipment, buildings and foundations will be removed when no longer in operation. The Village must be named as the beneficiary of the surety, and the terms of the surety must provide that the Village will be given notice if the surety provider cancels the surety. If, prior to the removal of the tower, tower removal rates exceed $20,000.00, the Village reserves the right to impose a special charge on the property in the event that the Village is required to remove the facilities.

   J.   Expiration of Permits; Continued Compliance.

      1.   A permit issued hereunder shall not expire, provided that the permit holder shall remain in compliance with all applicable laws and ordinances.

      2.   Upon written inquiry by the Plan Commission, the permit holder under this section shall present credible evidence of the continued compliance with the conditional use permit. Failure to establish compliance with the conditional use permit shall be grounds for the revocation of the permit. All reasonable costs and expenses associated with such consultation shall be borne by the holder of the permit. Failure to pay such costs and expenses or provide information requested by the Plan Commission shall be grounds for revocation of the permit. The holder of the permit may provide to the Plan Commission the names of consultants which the permit holder believes are qualified to assist in resolving the issues before the Plan Commission.

   K.   Village Not Responsible. The Village does not warrant any tower against design or structural failure. The Village does not certify that the design is adequate for any tower and the Village hereby accepts no liability through the issuance of a conditional use permit or zoning permit.

   L.   Coordination Between Village Departments. The Zoning Administrator shall coordinate with Building Inspector to ensure that all required time limits set forth in this Section are met.

   M.   Appeal. A party who is aggrieved by the final decision of the Village may bring an action in Racine County Circuit Court.