(A) Legislative findings. The Village Board makes the following legislative findings with regard to telecommunication towers providing mobile telecommunication services:
(1) The state legislature passed 2013 Wisconsin Act 20 (Section 1269 (I)) that imposed limits on local municipalities with respect to regulating telecommunication facilities within their jurisdictions.
(2) The federal government adopted the Telecommunications Act of 1996 which established various requirements relating to telecommunication facilities.[1]
(3) The regulations in this part are intended to promote the public health, safety, and welfare, while at the same time not unduly restricting the development of needed telecommunications facilities.
(4) The regulations in this part are intended to accomplish the following purposes, to the fullest extent permitted by law: (i) protect the visual character of the Village from the potential adverse effects of telecommunication facilities; (ii) ensure that a competitive and broad range of telecommunications services and high quality telecommunications infrastructure are provided; (iii) create and preserve telecommunication facilities that will serve as an important and effective part of the Village’s emergency response network; (iv) minimize the number of towers by requiring collocation; and (v) avoid damage to adjoining properties by establishing setback standards.
(B) Federal requirements. A telecommunication tower must comply with all applicable requirements of the Federal Communications Commission, the Federal Aviation Administration, and any other federal agency with authority to regulate telecommunication facilities. In the event of a conflict between federal law and this part, federal law shall prevail.
(C) Single parcel. The fall zone and all structures related to the telecommunication facility must be located on a single parcel, including the tower, equipment compound, and anchor points for a guyed tower.
(D) Setbacks. The center of the tower must not be located closer to a property boundary line than the height of the tower. If the lot hosting the proposed tower is not located adjacent to a parcel where a single-family residence may be located and the applicant submits an engineering certification with the application that show the fall zone is smaller than this distance, the fall zone will be the smaller calculated area, unless the Village provides the applicant with substantial evidence that the engineering certification is flawed.[2] The fence around anchor points for a guyed tower must be located at least 25 feet from a property boundary line.
(E) Security fencing. A tower and related equipment compound consisting of equipment buildings, shelters, and cabinets, must be enclosed by a security fence (height and material to be established through the site plan review process). If the tower is a guyed tower, each of the anchor points must be enclosed by a security fence.
(F) Lighting. A tower or any attachment may not be artificially lighted, except when specifically required by a state agency, the Federal Aviation Administration, or another federal authority. Such required lighting must be the least obtrusive to the surrounding views.
(G) Aesthetic requirements. All users of the Village right-of-way must comply with the following aesthetic standards:
(1) In areas where facilities are currently nonexistent or underground, undergrounding is required.
(2) No new above ground structures, including co-locations on existing structures, may be placed within 500 feet of historic structures or historic districts designated by the National Register of Historic Places in Wisconsin or listed on the State Register of Historic Places. The 500-foot separation is waived for installations that are completely concealed from view, or are not visible from locations where the historic structure can be observed.
(3) Attachments to existing structures must be designed to be flush with the existing structure as much as can reasonably be done, must be a color that matches the existing structure and must be the smallest size possible to reasonably accommodate the intended purpose. If the structure to which the attachment is made changes color due to repainting, resurfacing or other means, the attachment must be modified to match the new color.
(4) Any party objecting to the requirements of this subsection shall have an opportunity to demonstrate that the requirement constitutes an effective prohibition in violation of State or Federal law as set forth in § 102.__.
(H) Equipment buildings. The exterior of equipment buildings, shelters, and cabinets exceeding 1,500 cubic feet must be covered with building materials typically used on buildings found in the area.
(I) Emergency power system. A backup generator may be placed within the equipment compound.[3]
(J) Identification sign. An identification sign, no larger than 18 inches by 24 inches, must be placed in a visible location near the base of the tower that lists (1) the name of the tower owner, (2) the Federal Communications Commission identification number, and (3) a telephone number to contact in case of an emergency.
(K) Accommodation of other users on new towers (co-location). A tower over 150 feet in height, along with the tower site and all support facilities and appurtenances, must accommodate at least two additional users, unless the zoning administrator determines that evidence presented by the tower operator demonstrates it is not technically feasible to do so. Further, the tower operator and their successors in interest must allow other users to use the tower, the tower site, support facilities, and appurtenances at fair market rates as negotiated by those parties. If the Plan Commission determines the tower operator has made access to the tower and tower site unfeasible, the zoning administrator must notify the tower operator via registered mail of such determination. If the tower operator does not take corrective action within 45 days of such determination, the permit for that tower becomes null and void and the tower must be removed and the site restored within 90 days of such determination.
(L) Requirement for collocation. A new tower must only be permitted if the applicant demonstrates with a sworn statement that collocation on an existing or planned tower 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.[4] If the applicant does not provide such analysis and sworn statement, the application for a new tower must be denied.[5]
(M) Collocation review. The collocation of an antenna or antenna array on an existing tower is permitted subject to site plan, building plan, and plan of operation review.
(N) Landscaping. Landscaping must be placed around the equipment enclosure and anchor points for guyed towers consistent with a landscaping plan as approved by the Plan Commission. After reviewing the location of the facility and the visibility of the facility from public right-of-ways and adjoining properties, the Plan Commission may waive this landscape requirement or defer the requirement to a later date.
(O) Lease agreement. If the operator of the telecommunication tower does not own the land where the facility is to be located, the property owner and the operator must execute a lease agreement prior to any land-disturbing activity. Such agreement must be binding on future property owners and future operators and must address the rights and responsibilities of each party with respect to paragraphs (P) and (Q) of this part.
(P) Ongoing maintenance. The subject property must be maintained and kept in a good condition, so as not to become a nuisance as determined by the Plan Commission. Proper maintenance includes regular lawn and landscaping care, and painting and regular care of building(s), fences, towers, and other improvements. Additionally, the site must be kept clear of junk and debris.
(Q) Termination of approval. If the zoning administrator determines that the tower is unsafe or otherwise defective or that the tower has not hosted an operational antenna for a continuous period of 12 months, the administrator must follow the procedure outlined in Article 5 relating to termination of the approval. Within 90 days after the date of termination, the property owner must remove the tower, equipment cabinets, and all related equipment and improvements that are part of its communication facilities and restore the site to the satisfaction of the zoning administrator. In the event such work is not done within the specified period, the Village has the right to use the financial guarantee as required by this part to pay for such work.
(R) Financial guarantee. Prior to issuance of a building permit authorizing construction of a tower, the applicant must submit a financial guarantee to the Village subject to the requirements in Article 4. The amount of the financial guarantee is based on one or more cost estimates prepared by a qualified contractor as submitted by the property owner or obtained by the Village to remove the tower, equipment compound, and related site improvements and restore the site to the satisfaction of the zoning administrator.[6] The financial guarantee must be held until the tower and related improvements are removed and the site restored to the satisfaction of the zoning administrator.
(S) Third-party consultant. The zoning administrator may, at the applicant’s expense, hire a third-party consultant to conduct an objective analysis of the submitted materials including the application, calculation of the fall zone, and certification that collocation is not possible. The third-party consultant may not charge the applicant for any travel expenses incurred in such review.[7]
(T) Duration of approval. The approval authorizing a telecommunication tower runs with the land and is binding on successors in interest.[8]
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[1] See § 704 of the act in particular
[2] See § 66.0404 (2)(g), Wis. Stats.
[3] See § 66.0404 (4)(j), Wis. Stats.
[4] See § 66.0404 (2)(b)6, Wis. Stats.
[5] See § 66.0404 (2)(e), Wis. Stats.
[6] See § 66.0404 (4)(f), Wis. Stats.
[7] See § 66.0404 (4)(f), Wis. Stats.
[8] See § 66.0404 (4)(n), Wis. Stats.