West Bend Town City Zoning Code
ARTICLE XV
Wireless Telecommunication Facility - Class 1 Co-location and New Tower
§ 325-120 Review procedure.
A.
The general steps outlined below describe the process for reviewing an application for a new telecommunication tower and a Class 1 co-location as designated in the land use matrix (Appendix A[1]).
(1)
Pre-submittal meeting. Before submitting an application, the applicant or the applicant's agent may meet with the Zoning Administrator to review applicable regulations and procedures and the proposal.
(2)
Submittal of application materials. The applicant submits a completed application to the Zoning Administrator along with the application fee as may be established by the Town Board.
(3)
Determination of completeness. The Zoning Administrator reviews the application and determines whether the application is complete. If the application includes all of the required information, the application shall be found to be complete. The Zoning Administrator notifies the applicant in writing within 10 days of receiving the application if it is found not to be complete, and such notice shall specify in detail the required information that was incomplete. Applicants are allowed to resubmit their application as often as necessary until it is complete. A determination that an application is complete means the application is ready for formal review and does not suggest the applicant has provided sufficient information in all regards or preclude the reviewing authority from requesting additional information it deems appropriate.
(4)
Review date. When the Zoning Administrator determines the application is complete, he or she schedules the review with the Plan Commission consistent with its adopted calendar.
(5)
General notice. The Zoning Administrator provides for a Class 2 public notice, property owner notice, and meeting agenda notice.
(6)
Staff report preparation and distribution. The Zoning Administrator may prepare a staff report as set forth in this chapter. If one is prepared, the Zoning Administrator provides a copy to the applicant, each member of the Plan Commission, and any person upon request.
(7)
Public hearing. Allowing for proper notice, the Plan Commission conducts a public hearing to review the application. Prior to the close of the public hearing, the applicant or the Plan Commission may request a continuance.
(8)
Staff follow-up. If the Plan Commission does not render a decision immediately following the public hearing, the Plan Commission may direct the Zoning Administrator to prepare a preliminary decision document.
(9)
Recommendation. After considering all of the information submitted by the applicant, public comments received at the public hearing, and the staff report, if any, the Plan Commission makes a recommendation to i) approve the application, ii) approve the application with conditions, or iii) deny the application. A decision must be made within 90 days of receiving a complete application, unless the Town and the applicant agree in writing to a longer review period.
(10)
Decision. The Town Board makes the final decision after considering the Plan Commission's recommendation.
(11)
Preparation of final decision document. The Zoning Administrator prepares a final decision document based the Town Board's decision and direction.
(12)
Applicant notification. Within a reasonable time following the Town Board's decision, the Zoning Administrator sends the decision document to the applicant by regular mail and/or email.
[1]
Editor's Note: Appendix A is included as an attachment to this chapter.
B.
In the event an applicant believes the Town has exceeded its authority as set forth in § 66.0404, Wis. Stats., and other such laws as may apply, which may include 47 U.S.C.A. § 1455, the applicant must notify the Zoning Administrator in writing, and the reviewing authority reserves the right to reconsider the matter to ensure that applicable laws are followed.
§ 325-121 Application form.
An application form for a new telecommunication tower or a Class 1 co-location must include all of the following information as appropriate:
A.
The name and business address of, and the contact information for, the applicant.
B.
The location of the proposed tower or affected tower.
C.
The location of the proposed mobile service facility.
D.
If an application is to substantially modify an existing telecommunication tower, a construction plan which describes the proposed modifications to the tower, and equipment and network components, including antennas, transmitters, receivers, base stations, power supplies, cabling, and related equipment associated with the proposed modifications.
E.
If an application is to construct a new telecommunication tower, a construction plan which describes the proposed tower and equipment and network components, including antennas, transmitters, receivers, base stations, power supplies, cabling, and related equipment to be placed on or around the new tower.
F.
If an application is to construct a new telecommunication tower, an explanation as to why the applicant chose the proposed location, and why the applicant did not choose co-location, including a sworn statement from the responsible party attesting that co-location within the applicant's service area would not result in the same mobile service functionality, coverage, and capacity; is technically infeasible; or is economically burdensome.
§ 325-122 Reason for denial.
A.
Generally. If the application is denied, the written notification must include substantial evidence to support the decision.
§ 325-123 Imposition of conditions.
A.
Generally. The reviewing authority may impose one or more conditions of approval as may be necessary to grant approval. Such conditions may relate to any aspect of the use that impacts the public health, safety, or general welfare, subject to Subsection B below.
B.
Limitations. The reviewing authority may not impose any of the following as a condition of approval:
(1)
A requirement relating to environmental testing, sampling, or monitoring.
(2)
A requirement relating to radio frequency emissions.
(3)
A requirement to pay a reoccurring fee.
(4)
A requirement that the structure or mobile service facility owner must provide space on or near the structure for the use of or by the Town at less than the market rate, or to provide the Town other services via the structure or facilities at less than the market rate.
(5)
Limit the duration of the approval.
(6)
A requirement that the applicant must indemnify or insure the Town in connection with the political subdivision's exercise of its authority to approve the application.
(7)
A requirement that the applicant must give the Town the right to place at or collocate with the applicant's support structure any mobile service facilities provided or operated by, whether in whole or in part, the Town or an entity in which the Town has a governance, competitive, economic, financial, or other interest.
§ 325-124 Expiration of approval.
A.
Non-establishment. If the Zoning Administrator determines that substantial work as authorized by the approval did not commence within 12 months of the date of approval or if substantial work did commence within 12 months of the date of approval but has not continued in good faith to completion, he or she shall initiate the process to terminate the approval pursuant to this chapter. Upon petition and with cause, the Zoning Administrator may grant a one-time extension, not to exceed six months, provided 1) the permit holder requests the extension prior to the expiration of the approval, 2) the permit holder clearly demonstrates that circumstances beyond his or her control prevented the start of construction and the continuation of the same, and 3) the project complies with this chapter in effect at the time the extension is granted.
B.
Cessation. If the Zoning Administrator determines that a wireless telecommunication facility has ceased to operate for any reason, whether intentional or otherwise, for more than 12 continuous months, he or she shall initiate the process to terminate the approval.
§ 325-125 Amendment of approval.
Following approval, the Plan Commission shall review all proposed changes to the approval. If in the opinion of the Plan Commission, the proposed change constitutes a minor alteration, the Plan Commission may approve the requested change in writing at a regular or special meeting of the Plan Commission without following the review procedure in this article. If the proposed change constitutes a major alteration, the review procedure in effect at the time of submittal must be followed.
§ 325-126 Fees.
A.
Professional service reimbursement. Costs incurred by the Town in obtaining legal, planning, engineering, and other technical and professional advice in connection with an application shall be charged to the applicant.
B.
Limitation on fees. The total of all fees, excluding professional service reimbursement, associated with the review of an application may not exceed the limits established by § 66.0404(4)(d), Wis. Stats.
§ 325-127 Appeal.
A party who is aggrieved by the final decision made pursuant to this article may bring an action in the Circuit Court of Washington County in which the proposed activity which is the subject of the application is to be located.