(a)

Purpose. The purpose of this article XIII is to regulate by zoning permit (1) the siting and construction of any new mobile service support structure and facilities; (2) with regard to a class I collocation, the substantial modification of an existing support structure and mobile service facilities; and (3) with regard to a class 2 collocation, collocation on an existing support structure which does not require the substantial modification of an existing support structure and mobile service facilities. Article XII shall be interpreted to comply with Wis. Stat. § 66.0404, and any amendments thereto. Any provisions within the Code that conflicts with the village's authority under Wis. Stat. § 66.0404 shall not be applied to new mobile service support structure and facilities, class I collocation, or class 2 collocation.

(b)

Authority. The village adopts this article XIII pursuant to Wis. Stat. §§ 61.35, 62.23, and 66.0404.

(c)

Title. This article XIII is entitled the Village of Waunakee Mobile Tower Siting Permit Ordinance.

(Ord. No. 16-5, § 3(106-1200), 5-2-2016)

(a)

Definitions. All definitions contained in Wis. Stat. § 66.0404(1), and as may be amended in the future, are hereby incorporated by reference.

(Ord. No. 16-5, § 3(106-1201), 5-2-2016)

(a)

Application process.

(1)

A village zoning permit is required for the siting and construction of any new mobile service support structure and facilities. The siting and construction of any new mobile service support structure and facilities is a conditional use in the village obtainable with this permit.

(2)

A written permit application must be completed by any applicant and submitted to the village. The application must contain the following information:

a.

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

b.

The location of the proposed support structure.

c.

The location of the proposed mobile service facility.

d.

A construction plan which describes the proposed mobile service 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 mobile service support structure.

e.

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 mobile service 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 mobile service provider.

(3)

A permit application will be provided by the village upon request to any applicant.

(4)

If an applicant submits to the village an application for a permit to site and construct a new mobile service support structure and facilities and the application contains all of the information required under this section, the village shall consider the application complete. If the village does not believe that the application is complete, the village 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.

(5)

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 village's building code and this section.

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 to disapprove.

(6)

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 (2)e.

(7)

If an applicant provides the village with an engineering certification showing that the new mobile service support structure is designed to collapse within a smaller area than the set back or fall zone required in this section, then the village may not disapprove the application based on a violation of the fall zone unless the village provides the applicant with substantial evidence that the engineering certification is flawed.

(8)

The fee for the permit shall be $3,000.00.

(9)

To ensure compliance with this section, including, but not limited to, the requirements set forth in subsection (b), the applicant shall provide a letter of credit or surety bond in an amount to be determined when the application is filed, but which amount shall not exceed $20,000.00.

(b)

Requirements. The following requirements shall apply to all new mobile service support structure and facilities:

(1)

The mobile service support structure shall be placed on property in a location such that its fall zone shall not cross, or intersect with, the property's boundaries. The applicant shall provide the village with an engineering certification showing that the mobile service support structure's fall zone satisfies this requirement.

(2)

The applicant shall comply with all federal, state, and local laws, ordinances, rules and regulations (including laws and ordinances relating to health and radio frequency emissions) in connection with the use of the permit granted hereunder and the operation, maintenance, construction and/or installation of the mobile service support structure and facilities. The applicant's construction plan shall be approved by the village zoning administrator and building inspector to ensure compliance.

(3)

The applicant shall maintain and repair the mobile service support structure and facilities in a safe and workmanlike condition.

(4)

If the applicant ceases using the mobile service support structure and facilities, the applicant shall remove the mobile service support structure and facilities within 30 of the date upon which its use ceases. Such removal shall be done in a workmanlike and careful manner.

(Ord. No. 16-5, § 3(106-1202), 5-2-2016)

(a)

Application process.

(1)

A village zoning permit is required for a class 1 collocation. A class 1 collocation is a conditional use in the village obtainable with this permit.

(2)

A written permit application must be completed by any applicant and submitted to the village. The application must contain the following information:

a.

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

b.

The location of the affected support structure.

c.

The location of the proposed mobile service facility.

d.

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.

(3)

A permit application will be provided by the village upon request to any applicant.

(4)

If an applicant submits to the village an application for a permit for a class I collocation and the application contains all of the information required under this section, the village shall consider the application complete. If the village does not believe that the application is complete, the village 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.

(5)

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 village's building code and this section.

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 to disapprove.

(6)

If an applicant provides the village with an engineering certification showing that the existing mobile service support structure is designed to collapse within a smaller area than the set back or fall zone required in this section, then the village may not disapprove the application based on a violation of the fall zone unless the village provides the applicant with substantial evidence that the engineering certification is flawed.

(7)

The fee for the permit shall be $3,000.00.

(8)

To ensure compliance with this section, including, but not limited to, the requirements set forth in subsection (b), the applicant shall provide a letter of credit or surety bond in an amount to be determined when the application is filed, but which amount shall not exceed $20,000.00.

(b)

Requirements. The following requirements shall apply to a class 1 collocation:

(1)

The applicant shall comply with all federal, state, and local laws, ordinances, rules and regulations (including laws and ordinances relating to health and radio frequency emissions) in connection with the use of the permit granted hereunder and the operation, maintenance, construction and/or installation of the mobile service facilities on the existing mobile service support structure. The applicant's construction plan shall be approved by the village zoning administrator and building inspector to ensure compliance.

(2)

The applicant shall maintain and repair the mobile service facilities in a safe and workmanlike condition.

(3)

If the applicant ceases using the mobile service support facilities, the applicant shall remove the mobile service support facilities within 30 of the date upon which its use ceases. Such removal shall be done in a workmanlike and careful manner.

(Ord. No. 16-5, § 3(106-1203), 5-2-2016)

(a)

Application process.

(1)

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

(2)

A written permit application must be completed by any applicant and submitted to the village. The application must contain the following information:

a.

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

b.

The location of the affected support structure.

c.

The location of the proposed mobile service facility.

(3)

A permit application will be provided by the village upon request to any applicant.

(4)

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, pursuant to the Code.

(5)

If an applicant submits to the village an application for a permit for a class 2 collocation and the application contains all of the information required under this section, the village shall consider the application complete. If any of the required information is not in the application, the village 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.

(6)

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:

a.

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

b.

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

c.

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

d.

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

(7)

The fee for the permit shall be $500.00.

(8)

To ensure compliance with this section, including, but not limited to, the requirements set forth in subsection (b), the applicant shall provide a letter of credit or surety bond in an amount to be determined when the application is filed, but which amount shall not exceed $20,000.00.

(b)

Requirements. The following requirements shall apply to a class 2 collocation:

(1)

The applicant shall comply with all federal, state, and local laws, ordinances, rules and regulations (including laws and ordinances relating to health and radio frequency emissions) in connection with the use of the permit granted hereunder and the operation, maintenance, construction and/or installation of the mobile service facilities on the existing mobile service support structure. The applicant's construction plan shall be approved by the village zoning administrator and building inspector to ensure compliance.

(2)

The applicant shall maintain and repair the mobile service facilities in a safe and workmanlike condition.

(3)

If the applicant ceases using the mobile service support facilities, the applicant shall remove the mobile service support facilities within 30 of the date upon which its use ceases. Such removal shall be done in a workmanlike and careful manner.

(Ord. No. 16-5, § 3(106-1204), 5-2-2016)

A party who is aggrieved by a final decision of the village under this article XIII may bring an action in Dane County Circuit Court.

(Ord. No. 16-5, § 3(106-1205), 5-2-2016)

Any person, partnership, corporation, or other legal entity that fails to comply with the provisions of this article XII shall be subject to penalty pursuant to section 1-15 of the Code. In addition, the village may seek injunctive relief from a court of record to enjoin further violations.

(Ord. No. 16-5, § 3(106-1206), 5-2-2016)

If any provision of this article XIII or its application to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of this article XII that can be given effect without the invalid provision or application, and to this end the provisions of this article are severable.

(Ord. No. 16-5, § 3(106-1207), 5-2-2016)