Chapter 15.30
MOBILE TOWER SITING PERMITS
Sections:
15.30.040 Adoption of chapter.
15.30.060 Subdivision and numbering of this chapter.
15.30.070 Siting and construction of any new mobile service support structure and facilities.
15.30.010 Title.
This chapter is entitled the Town of East Troy mobile tower siting permit ordinance. (Ord. 2014-2 § 1. 2008 code § 14.09(1))
15.30.020 Purpose.
The purpose of this chapter is to regulate by permit (1) the siting and construction of any new mobile service support structure and facilities; (2) with regard to a class 1 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. (Ord. 2014-2 § 2. 2008 code § 14.09(2))
15.30.030 Authority.
The Town Board has the specific authority under Wis. Stat. §§ 62.23 and 66.0404 to adopt and enforce this chapter. (Ord. 2014-2 § 3. 2008 code § 14.09(3))
15.30.040 Adoption of chapter.
This chapter, adopted by a majority of the Town Board on a roll call vote with a quorum present and voting and proper notice having been given, provides for the regulation by permit (1) the siting and construction of any new mobile service support structure and facilities; (2) with regard to a class 1 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.
1. The provisions of Wis. Stat. Ch. 227 pertaining to contested cases shall govern the administrative procedure and review regarding the granting or denial of a permit.
2. Review and Public Hearing. Upon receipt of a permit application, the permit request shall be submitted to the Town of East Troy Planning Commission for review and recommendation prior to being submitted for approval by the Town Board. When a permit application is submitted, the Town Clerk shall set a date for public hearing upon such application, which date shall not be more than 90 days after receipt of said application by the Town Clerk. If the application is for a class 2 collocation, the public hearing shall be held in sufficient time for the Town Board to approve or deny the permit within 45 days.
After a public hearing, the Town Board shall either grant or deny said permit on the basis of the information contained in the application, together with the information presented at a public hearing, any independent investigation, and any other information acquired by the Town Board within the 90 days or 45 days specified in this chapter.
A public hearing shall be held by the Town Board at its regular meeting place. In addition, the Town Clerk shall publish a notice of said meeting in a newspaper of general circulation in the Town at least 10 days before the date of said public hearing.
At such public hearing, the Town Board shall hear all persons interested in the granting or denying of the permit and may, if it sees fit, take testimony relative to the permit application. In making such determination, the Town Board shall consider whether the proposed permit will be detrimental to the health, safety and/or welfare of the public. The Town Board, as a condition to the issuance of a permit, may require conditions, restrictions and sureties as hereinafter set forth and in a form determined by the Town Board, upon the Town Board finding that such condition or conditions are proper for protection of the health, safety and/or welfare of the public. (Ord. 2014-2 § 4. 2008 code § 14.09(4))
15.30.050 Definitions.
All definitions contained in Wis. Stat. § 66.0404(1) are hereby incorporated by reference. (Ord. 2014-2 § 5. 2008 code § 14.09(5))
15.30.060 Subdivision and numbering of this chapter.
This chapter is divided into sections designated by ETMC numbering. Sections may be divided into subsections designated by numbers. Subsections may be divided into paragraphs designated by lowercase letters. Paragraphs may be divided into subdivisions designated by lowercase Roman numerals. Subdivisions may be divided into subdivision paragraphs designated by uppercase letters. Reference to a “section,” “subsection,” “paragraph,” or “subdivision” includes all divisions of the referenced section, subsection, paragraph or subdivision. (Ord. 2014-2 § 6. 2008 code § 14.09(6))
15.30.070 Siting and construction of any new mobile service support structure and facilities.
1. Application Process.
a. A Town 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 Town obtainable with this permit.
b. A written permit application must be completed by any applicant and submitted to the Town. The application must contain the following information:
i. The name and business address of, and the contact information for, the applicant.
ii. The location of the proposed or affected support structure.
iii. The location of the proposed mobile service facility.
iv. 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.
v. If the application is to construct a new mobile service support structure, 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.
vi. If an 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 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.
c. A permit application will be provided by the Town upon request to any applicant.
d. If an applicant submits to the Town an application for a permit to engage in an activity described in this chapter, which contains all of the information required under this chapter, the Town shall consider the application complete. If the Town does not believe that the application is complete, the Town 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.
e. Within 90 days of a complete application, the Town shall complete all of the following or the applicant may consider the application approved, except that the applicant and the Town may agree in writing to an extension of the 90-day period:
i. Review the application to determine whether it complies with all applicable aspects of the Town of East Troy’s building code and subject to the limitation(s), if any, in this section.
ii. Make a final Town decision whether to approve or disapprove the application.
iii. Notify the applicant, in writing, of its final decision.
iv. If the decision is to disapprove the application, include with the written notification substantial evidence which supports the decision.
f. The Town 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)(b)(vi) of this section.
g. If an applicant provides the Town with an engineering certification showing that a mobile service support structure, or an existing structure, is designed to collapse within a smaller area than the setback or fall zone required in a zoning ordinance, that zoning ordinance does not apply to such structure unless the Town provides the applicant with substantial evidence that the engineering certification is flawed.
h. The fee for the permit is $3,000 as permitted in Wis. Stat. § 66.0404(4)(d).
2. Limitations.
a. The Town Planning Commission and Town Board may request that the application be modified or place limitations upon the applicant as long as they are not prohibited under Wis. Stat. § 66.0404(4).
b. The Town Planning Commission and Town Board will require that the application adhere to the following setback requirement: No application under this chapter will be permitted unless the applicant demonstrates that the cell tower or additions to existing cell towers or mobile service support structures will be contained within the parcel of property upon which they are sited upon a fall or collapse of the tower or structure, such that no part of a fallen or collapsed tower or structure crosses any neighboring property line. (Ord. 2014-2 § 7. 2008 code § 14.09(7))
15.30.080 Class 1 collocation (placement on an existing support structure requiring substantial modification).
1. Application Process.
a. A Town permit is required for a class 1 collocation. A class 1 collocation is a conditional use in the Town obtainable with this permit.
b. A written permit application must be completed by any applicant and submitted to the Town. The application must contain the following information:
i. The name and business address of, and the contact information for, the applicant.
ii. The location of the proposed or affected support structure.
iii. The location of the proposed mobile service facility.
iv. 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.
v. If the application is to construct a new mobile service support structure, 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.
vi. If an 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 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.
c. A permit application will be provided by the Town upon request to any applicant. In this section, a substantial modification is defined as any of the following:
i. For structures with an overall height of 200 feet or less, increases the overall height of the structure by more than 20 feet;
ii. For structures with an overall height of more than 200 feet, increases the overall height of the structure by more than 10 percent or more;
iii. Measured at the level of 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; and/or
iv. Increases the square footage of an existing equipment compound to a total area of more than 2,500 square feet.
d. If an applicant submits to the Town an application for a permit to engage in an activity described in this chapter, which contains all of the information required under this chapter, the Town shall consider the application complete. If the Town does not believe that the application is complete, the Town 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.
e. Within 90 days of a complete application, the Town shall complete all of the following or the applicant may consider the application approved, except that the applicant and the Town may agree in writing to an extension of the 90-day period:
i. Review the application to determine whether it complies with all applicable aspects of the Town of East Troy’s building code and subject to the limitation(s), if any, in this section.
ii. Make a final Town decision whether to approve or disapprove the application.
iii. Notify the applicant, in writing, of its final decision.
iv. If the decision is to disapprove the application, include with the written notification substantial evidence which supports the decision.
f. The Town 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)(b)(vi) of this section.
g. If an applicant provides the Town with an engineering certification showing that a mobile service support structure, or an existing structure, is designed to collapse within a smaller area than the setback or fall zone required in a zoning ordinance, that zoning ordinance does not apply to such structure unless the Town provides the applicant with substantial evidence that the engineering certification is flawed.
h. The fee for the permit is $3,000 as permitted in Wis. Stat. § 66.0404(4)(d).
2. Limitations.
a. The Town Planning Commission and Town Board may request that the application be modified or place limitations upon the applicant as long as they are not prohibited under Wis. Stat. § 66.0404(4).
b. The Town Planning Commission and Town Board will require that the application adhere to the following setback requirement: No application under this chapter will be permitted unless the applicant demonstrates that the cell tower or additions to existing cell towers or mobile service support structures will be contained within the parcel of property upon which they are sited upon a fall or collapse of the tower or structure, such that no part of a fallen or collapsed tower or structure crosses any neighboring property line. (Ord. 2014-2 § 8. 2008 code § 14.09(8))
15.30.090 Class 2 collocation (placement on an existing support structure without substantial modifications required).
1. Application Process.
a. A Town permit is required for a class 2 collocation. A class 2 collocation is a permitted use in the Town, subject to the limitations, if any, of this chapter, but still requires the issuance of the Town permit. A class 2 collocation is the placement of a new mobile service facility (antennas, equipment shelters, generators, etc.) that does not require substantial modification.
b. A written permit application must be completed by any applicant and submitted to the Town. The application must include the following information:
i. The name and business address of, and the contact individual for, the applicant.
ii. The location of the proposed or affected support structure.
iii. The location of the proposed mobile service facility.
c. A permit application will be provided by the Town upon request to any applicant.
d. 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. Chapter 15.05 ETMC contains the building code.
e. If an applicant submits to the Town an application for a permit to engage in an activity described in this chapter, which contains all of the information required under this chapter, the Town shall consider the application complete. If any of the required information is not in the application, the Town 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.
f. Within 45 days of its receipt of a complete application, the Town shall complete all of the following or the applicant may consider the application approved, except that the applicant and the Town may agree in writing to an extension of the 45-day period:
i. Make a final decision whether to approve or deny the application.
ii. Notify the applicant, in writing, of its final decision.
iii. If the application is approved, issue the applicant the relevant permit.
iv. If the application is denied, include with the written notification substantial evidence which supports the decision.
g. The fee for the permit is $500.00 as permitted in Wis. Stat. § 66.0404(4)(d).
2. Limitations.
a. The Town Planning Commission and Town Board may request that the application be modified or place limitations upon the applicant as long as they are not prohibited under Wis. Stat. § 66.0404(4).
b. The Town Planning Commission and Town Board will require that the application adhere to the following setback requirement: No application under this chapter will be permitted unless the applicant demonstrates that the cell tower or additions to existing cell towers or mobile service support structures will be contained within the parcel of property upon which they are sited upon a fall or collapse of the tower or structure, such that no part of a fallen or collapsed tower or structure crosses any neighboring property line. (Ord. 2014-2 § 9. 2008 code § 14.09(9))
15.30.100 Penalty provisions.
Any person, partnership, corporation, or other legal entity that fails to comply with the provisions of this chapter shall, upon conviction, pay a forfeiture of not less than $100.00 nor more than $500.00, plus the applicable surcharges, assessments, and costs for each violation. Each day a violation exists or continues to exist constitutes a separate offense under this chapter. In addition, the Town Board may seek injunctive relief from a court of record to enjoin further violations. (Ord. 2014-2 § 10. 2008 code § 14.09(10))