HomeMy WebLinkAboutOrdinance 2002 (620) AN ORDINANCE AMENDING CHAPTER 17, ST. CROIX COUNTY ZONING CODE,
REGULATING WIRELESS COMMUNCATION SERVICE AND OTHER
TRANSMISSION FACILITIES REGULATIONS
Ordinance No. 6 D,1)
St. Croix County, Wisconsin
WHEREAS, Chapter 17, off the St. Croix County Zoning Code outlines the
regulation of wireless communication services and other transmission facilities; and
WHEREAS, the County is authorized to enact regulations on wireless
communication service and other transmission facilities. This Chapter is adopted under
the authority granted by Secs. 59.67, Wisconsin Statutes; and
WHEREAS, the Planning, Zoning and Parks Committee held a public hearing on
August 8, 2002 to consider amending the County regulation regarding the regulation of
wireless communication services and other transmission facilities. The Planning, Zoning
and Parks Committee has the authority to recommend a change in the ordinance where
they deem necessary.
THEREFORE, the Planning, Zoning and Parks Committee, having considered all
testimony presented at the hearing, recommend the County Board of Supervisors
approve an amendment to the St. Croix County Zoning code to change the regulation of
wireless communication service and other transmission facilities per the attachment.
Effective Date: This ordinance shall become effective upon its adoption by the St. Croix
County Board of Supervisors and its publication.
Ado ted by the St. Croix County Board of Supervisors this a 6 day of
, 2002
Attest: Sue E. Nelson, County Clerk
PLANNING, ZONING AND PARKS COMMITTEE
NEGATIVE AFFIRMATIVE
Q J \ , .
Art Jensen A CZ sen
Linda Luckey ; • a Luckey,
Lois Burri Lois Burri
STATE OF WISCONSIN /,...,,(L.4.&,
Veronica MA ST. CROIX Veronica Anderson
L Sue E. Nelson, St Cruet
County Clerk 00 (HEREBY CERTIFY that
Jan Zoerb rat ff erb
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adopted by the Cou anti of Supervisors
at their meeting held ao �a E
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$us E. Nelson, St Crobt County Clerk
•
CHAPTER 17, ST. CROIX COUNTY ZONING CODE, WIRELESS COMMUNICATION
SERVICE AND OTHER TRANSMISSION FACILITIES REGULATIONS
WHEREAS, the Federal Communications Commission (FCC) has issued wireless
communication licenses for personal communications services and other wireless technologies in
order for those license holders to provide wireless services throughout the United States; and
WHEREAS, the growing demand from citizens and businesses for new wireless
communications services has produced an increased need for the installation of wireless
communication service facilities; and
WHEREAS, the location, siting, design and construction of wireless communication service
and other transmission facilities can have adverse impacts on the surrounding area; and
WHEREAS, tall structures pose hazards to birds which collide with them and the St. Croix
River valley is a migratory corridor; and
WHEREAS, new technologies such as wind generation of electricity and digital television,
use towers; and
WHEREAS, the scenic vistas are important attributes of St. Croix County, contributing to
the tourism industry and contributing to the rural ambience which attracts and holds residents; and
WHEREAS, a working group of representatives of St. Croix valley governments and
interests developed a master plan in March, 2001 called "Protecting Scenic Resources While
Providing For Wireless Communication Facilities;" and
WHEREAS, the County is authorized to enact zoning regulations to promote the public
health, safety and general welfare of the citizens of St. Croix County as provided under section
59.69, Wisconsin Statutes; and
WHEREAS, on April 15, 1997, the St. Croix County Board of Supervisors adopted
Ordinance No. 420 (97) establishing a temporary moratorium on construction of
telecommunication towers to allow the County to complete studies, make plans and develop
ordinance amendments to provide for the orderly development of wireless communication service
facilities; and
WHEREAS, on August 19, 1997, the St. Croix County Board of Supervisors adopted
Ordinance 440 (97) regulating wireless communication service facilities.
NOW, THEREFORE, to accommodate communication needs while protecting health,
safety and welfare, to minimize adverse visual impacts of wireless communication service and
other transmission facilities, to avoid potential hazards or damage to adjacent properties from tower
structural failure, to maximize the use of existing and approved towers and structures, and to
minimize the number of tall towers needed to serve the County, the St. Croix County Board of
Supervisors does amend Subchapter VIII of Chapter 17, St. Croix County Zoning Code, as follows:
SUBCHAPTER VIII WIRELESS COMMUNICATION SERVICE AND OTHER
TRANSMISSION FACILITIES
17.80 PURPOSE.
The purposes of the regulations and requirements of this subchapter are to:
(1) Accommodate the communication, radio, television, and electric generation needs
while protecting the public health, safety and general welfare;
(2) Minimize adverse visual impacts of wireless communication service and other
transmission facilities through careful site and design standards;
(3) Avoid potential damage to adjacent properties from the construction and location and
operation of wireless communication service and other transmission facilities through
structural standards and setback requirements; and
(4) Maximize the use of existing and approved towers, buildings or structures to accommo-
date new wireless communication service and other transmission antennas to minimize
the number of towers needed to serve the county, while minimizing adverse visual
impacts.
(5) Minimize hazards to birds.
17.81 DEFINITIONS.
(1) Antenna. Any device or equipment used for the transmission or reception of
electromagnetic waves, which may include omni - directional antenna (rod), directional
antenna (panel) or parabolic antenna (disc).
(2) Colocation. The location of more than one antenna or set of antennas on the same tower
or structure.
(3) FAA. Federal Aviation Administration.
(4) FCC. Federal Communications Commission.
(5) Height. The distance measured from ground level to the highest point on a tower or
structure, including any antenna.
(6) High power transmission line. A 69 kv or greater electric transmission line with
towers at least 75 feet in height.
(7) Stealth facility. A wireless communication service or other transmission facility which
appropriately models or mimics in size, shape, scale and color something which exists
in the immediate landscape or which could legally be placed there, or already exists
there, at the time the application is submitted, such as a silo in farm settings or a tree
in forested lands, and which is unrecognizable to a casual observer as a transmission
facility
(8) Tower. Any structure that is designed and constructed primarily for the purpose of
supporting one or more antennas or wind generators, including guy towers, monopole
towers and self - supporting lattice towers.
(9) Tower accessory structure. Any structure located at the base of a tower for housing base
receiving or transmitting equipment.
(10) Transmission Facility. Any WCSF, radio, television or electric generation tower,
equipment and accessory structure other than an electric transmission line.
(11) Wireless communication. Any wireless communication services as defined in the
Telecommunications Act of 1996, including FCC licensed commercial wireless
telecommunications services such as cellular, personal communication services (PCS),
specialized mobile radio (SMR), enhanced specialized mobile radio (ESMR), paging
and similar services that currently exist or may be developed.
(12) Wireless communication service facility (WCSF). All equipment, buildings and
structures with which a wireless communication service carrier or provider broadcasts
and receives the radio frequency waves which carry its services, and all locations of
said equipment, buildings and structures.
17.82 APPLICABILITY.
(1) Preexisting Transmission Facilities.
(a) Any transmission facility for which a permit has been issued prior to August 28, 1997
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' - shall not at be the required time to meet mit the requi ted, rements section of thi
17s .88 subchapter d exceeding those in
e the per was gran, an:
1. Any preexisting transmission facility shall comply with all FCC and FAA rules
and regulations.
2. Any transmission facility which is unused for the use for which the permit was
granted for 12 consecutive months must be removed and site restored within a
reasonable time, but not more than three months after removal is requested by the
County. Upon removal, the site shall be restored to its original or an improved
condition, and anchoring elements shall be removed from the ground to a depth
of at least 8 feet. If removal and/or restoration is not completed, the County is
authorized to complete the removal and site restoration and charge the cost to the
performance bond.
3. Any addition or change to a preexisting transmission facility shall comply with
all applicable requirements of this subchapter, provided that such modifications
which make the transmission facility less visible or add a colocating antenna or
wind generator without increasing its height are exempt from requirements
adopted after August 28, 1997.
(b) Any transmission facility for which a permit has been issued prior to the effective date
of this subchapter and after August 28, 1997 shall not be required to meet the require-
ments of this subchapter exceeding those in effect at the time the permit was granted,
section 17.88, and:
1. Any preexisting transmission facility shall comply with all FCC and FAA rules
and regulations.
2. Design and installation of any transmission facility shall comply with the
manufacturer's specifications. Plans shall be approved and certified by a
registered professional engineer.
3. Installation of any transmission facility shall comply with all applicable state and
local building and electrical codes.
4. For leased sites, written authorization for siting the transmission facility must be
obtained from the property owner.
5. Any transmission facilities must be adequately insured against personal injury,
wrongful death, and property damage claims.
6. Any transmission facility which is unused for the use for which the permit was
granted for 12 consecutive months must be removed and site restored within a
reasonable time, but not more than three months after removal is requested by the
County. Upon removal, the site shall be restored to its original or an improved
condition, and anchoring elements shall be removed from the ground to a depth
of at least 8 feet. If removal and/or restoration is not completed, the County is
authorized to complete the removal and site restoration and charge the cost to the
performance bond.
7. Only one tower is permitted on a parcel of land. Additional towers may be
permitted on a parcel of land with a special exception permit if the additional
tower is located within 200 feet of the existing tower(s) and all other
requirements of this subchapter are met.
8. Any addition or change to a preexisting transmission facility shall comply with
all applicable requirements of this subchapter, provided that such modifications
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whiansmission facility colocating enn
wind ch generator make the w increasing its height less are visible exempt or add a from requiremeantnts a or
adopted after August 28, 1997.
(2) District Height Limitations. The requirements set forth in this subchapter shall govern
the design and siting of a transmission facility that exceeds the height limitations
specified for the zoning district in which the transmission facility is located.
17.83 GENERAL REQUIREMENTS.
(1) Any transmission facility shall comply with all FCC and FAA rules and regulations.
(2) Design and installation of any transmission facility shall comply with the manufacturer's
specifications. Plans shall be approved and certified by a registered professional
engineer.
(3) Installation of any transmission facility shall comply with all applicable state and local
building and electrical codes.
(4) For leased sites, written authorization for siting a transmission facility must be obtained
from the property owner.
(5) Any transmission facility must be adequately insured against personal injury, wrongful
death, and property damage claims.
(6) Any transmission facility which is unused for the use for which the permit was granted
for 12 consecutive months must be removed and site restored within a reasonable time,
but not more than three months after removal is requested by the County. Upon
removal, the site shall be restored to its original or an improved condition, and
anchoring elements shall be removed from the ground to a depth of at least 8 feet. If
removal and/or restoration is not completed, the County is authorized to complete the
removal and site restoration and charge the cost to the performance bond.
(7) Proposals to erect a new transmission facility shall be accompanied by any required
federal, state or local agency license or application for such license.
(8) Only one tower is permitted on a parcel of land. Additional towers may be permitted on
a parcel of land with a special exception permit if the additional tower is located within
200 feet of the existing tower(s) and all other requirements of this subchapter are met.
(9) The monopole is the required tower structure. Guy or lattice towers are prohibited.
Antennas must be contained within or mounted flush with the monopole.
(10) Any owner of a pre - existing transmission facility for which a permit has
been issued shall accept at least two additional colocations on reasonable terms, so
long as adverse visual impacts do not result.
17.84 PROHIBITIONS.
(1) No transmission facility shall be over 200 feet in height.
(2) No transmission facility may be installed on a parcel within a major subdivision created
for residential purposes.
(3) No advertising message or sign shall be affixed to any transmission facility.
(4) No transmission facility shall be artificially illuminated unless required by FCC or FAA
regulations.
(5) No part of any transmission facility shall extend across or over any right -of -way, public
street, highway, sidewalk or property line.
(6) A temporary mobile transmission facility site is not permitted except in the
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case of equipment uthorization failure obtained , equipm ent the testing Zoning , equipment Administrator replacementUse , of or a emergency temporary site and
prior a.
for testing purposes shall be limited to 24 hours, and the use of a temporary site for
equipment failure, equipment replacement, or emergency shall be limited to 30 days,
unless extended for good cause in writing by the Zoning Administrator.
17.85 DISTRICT REQUIREMENTS.
A stealth facility is permitted with a county land use permit, which may be issued by the
Zoning Administrator; a county land use permit may not be issued by a deputy zoning
administrator. The Zoning Administrator shall not issue such a county land use permit prior to ten
days after mailing notice of the application to the town in which the transmission facility is
proposed to be located. Any other transmission facility shall be regulated in accordance with the
regulations applicable to the zoning district in which the facility is located. All requirements of the
zoning district other than the standards provided in this subchapter must be met. Following are the
use standards for the various districts:
(1) Commercial, Restricted Commercial and Industrial Districts.
(a) The following are permitted with a county land use permit from the Zoning Administra-
tor issued under this subchapter and section 17.70(3):
1. Any antenna or generator attached to an existing tower or structure and not extending
more than 20 feet above the highest point of the tower or structure and where the total
height of the addition would not increase the maximum height to over 200 feet.
2. Any transmission facility within the easement of a high power transmission line or
within 50 feet of the transmission line easement on the same side of the road up to a
maximum height of 200 feet.
(b) The following may be permitted with a special exception permit issued under this
subchapter and section 17.70(7):
1. Any antennas or generator attached to an existing tower or structure extending more
than 20 feet above the highest point of the tower or structure and where the total height
of the addition would not increase the maximum height to over 200 feet.
2. Any transmission facility to a maximum height of 200 feet.
(2) Agricultural, Agricultural Two and Agricultural Residential Districts.
(a) The following are permitted with a county land use permit from the Zoning
Administrator issued under this subchapter and section 17.70(3):
1. Any antenna or generator attached to an existing tower or structure and not extending
more than 20 feet above the highest point of the tower or structure and where the total
height of the addition would not increase the maximum height to over 200 feet.
2. Any Transmission Facilities within the easement of a high power transmission line or
within 50 feet of the transmission line easement on the same side of the road up to a
maximum height of 200 feet.
(b) The following may be permitted with a special exception permit issued under this
subchapter and section 17.70(7):
1. Any antennas or generator attached to an existing tower or structure extending more than
20 feet above the highest point of the tower or structure and where the total height of the
addition would not increase the maximum height to over 200 feet.
2. Any transmission facility to a maximum height of 200 feet.
(3) Residence and Conservancy Districts.
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(a) The following are permitted with a special exception permit issued under this subchapter
and section 17.70(7):
1. Any antennas or generator attached to an existing tower or structure and not extending
more than 20 feet above the highest point of the tower or structure and where the total
height of the addition would not increase the maximum height to over 200 feet.
2. Any transmission facility within the easement of a high power transmission line or
within 50 feet of the transmission line easement on the same side of the road up to a
maximum height of 200 feet.
(b) No other transmission facility is permitted in these districts.
(4) Shoreland, Floodplain and St. Croix Riverway Districts. No transmission facility is
allowed in these districts except:
(a) With a special exception permit issued under this subchapter and section 17.70(7), an
antenna or generator attached to an existing tower or structure and not extending more
than 20 feet above the highest point of the tower or structure and where the total height
of the addition would not increase the maximum height to over 200 feet.
(b) With a county land use permit, a stealth facility in the Shoreland District and Floodplain
District. With a county land use permit, a stealth facility in the St. Croix Riverway
District, after Wisconsin Administrative Code Chapter NR 118 is amended to permit a
stealth facility.
(5) St. Croix River Buffer Zone. The St. Croix River Buffer Zone is the area located
outside the St. Croix Riverway District and within two miles of the St. Croix River,
measured from the ordinary high water mark. No transmission facility is allowed
within the St. Croix River Buffer Zone, with the exception of a stealth facility.
17.86 PERFORMANCE STANDARDS
(1) Except as provided in this subchapter, any transmission facility must meet the
dimensional standards applicable to the parcel within the zoning district in which it is
located. Where the transmission facility is the principal use on a parcel, the parcel shall
meet the minimum lot size requirements of the zoning district in which the parcel is
located. On a parcel of land that already has a principal use, the transmission facility
shall be considered an accessory use and a smaller area of land may be leased for it,
provided that all requirements of this ordinance are met.
(2) Setbacks and Separation.
(a) Generally, any tower shall be set back from the nearest property line a distance equal to
the height of the tower. This setback may be reduced up to one -half the height of the
tower if the applicant submits an engineering report from a registered professional
engineer that certifies that the tower is designed and engineered to collapse upon failure
within the distance from the tower to the property line.
(b) No tower shall be located within 500 feet of any residence unless the owner of the
residence agrees in writing.
(3) Colocation/Sharing of Facilities.
(a) No new tower shall be permitted unless the applicant demonstrates to the reasonable
satisfaction of the permitting authority that no existing tower or structure can
accommodate the applicant's proposed antenna or generator. Examples of supporting
evidence are:
1. No tower or structure is located within the geographic area required to meet the
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• • applicant's engineering requirements.
2. No existing tower or structure is of sufficient height to meet the applicant's engineering
requirements.
3. No existing tower or structure can be rebuilt to support applicant's proposed antenna or
generator.
4. Electromagnetic interference would interfere with an existing or proposed system.
5. The fees, cost, or contractual provisions required by the applicant to share an existing
tower or structure or to adapt an existing tower or structure for sharing are much more
expensive considering factors such as, without limitation, depreciation, technical
obsolescence, wear and landacquisition.
6. The applicant establishes other facts that render colocation unsuitable.
(4) Screening and Landscaping. The transmission facility is to be located on the site so as to
have the least visual impact. The site shall be landscaped and maintained with a buffer
of plant materials that effectively screens the view of all tower accessory structures,
equipment and improvements at ground level from adjacent properties year around.
Existing mature vegetation and natural landforms on the site shall be preserved to the
maximum extent possible.
(5) Security Fencing and Lighting.
(a) Any transmission facility shall be reasonably protected against unauthorized access.
The bottom of the tower from ground level to 12 feet above ground shall be designed to
prevent unauthorized climbing and shall be enclosed with a minimum of a 6 feet high
chain link fence with a locked gate.
(b) Security lighting for on- ground structures and equipment is permitted, as long as it is
down shielded to keep light within the boundaries of the site.
(6) Color and Materials. Any transmission facility shall use building materials, colors,
textures, screening, and landscaping that blend the transmission facility with the
surrounding natural features and built environment to the greatest extent possible. The
tower and everything attached to it shall be painted and maintained light blue to
minimize visibility, except for those stealth facilities where light blue would not be
appropriate.
(7) Parking and Access. Adequate parking spaces shall be provided on each site so that
parking on public road right -of -way will not be necessary. Additional parking may be
required by the permitting authority if the minimum parking proves to be inadequate.
Access must be provided by a gated, all- weather driveway.
17.87 PERMIT REQUIREMENTS.
(1) The construction or installation of any transmission facility requires a county land use
permit or special exception permit under this ordinance. The permit will specify the use
or uses allowed.
(2) County Land Use Permits. Any stealth facility or the addition of an antenna or
generator to an existing structure permitted under this subchapter may be authorized by
the Zoning Administrator, as indicated above, upon the submission and approval of a
properly completed application and the fee for a county land use permit under this
section and section 17.70(3). A county land use permit may be issued by the Zoning
Administrator, but may not be issued by a deputy zoning administrator. The Zoning
Administrator shall not issue such a county land use permit prior to ten days after
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mailing notice of the application to the town in which the transmission facility is
proposed to be built.
(3) Special Exception Permits. Any other transmission facility requires a special exception
permit under this subchapter authorized by the Board of Adjustment upon the
submission and approval of a properly completed application for a special exception
under this section and section 17.70(7) and the fee.
(4) Applications. In addition to the application requirements of section 17.70(3) or section
17.70(7), any application for a county land use permit or special exception permit for a
new transmission facility shall include the following information. Applications for land
use permits may omit (b) 4 below.
(a) A report from a registered professional engineer and other professionals which:
1. describes the tower height and design, including a cross section and elevation;
2. certifies the transmission facility's compliance with structural and electrical standards;
3. describes the tower's capacity, including the potential number and type of antennas or
generators that it can accommodate;
4. describes the lighting to be placed on the tower if required by the FCC or FAA;
5. certifies that the transmission facility will not cause destructive interference with
previously established public safety communications systems; and
6. describes how the requirements and standards of this ordinance will be met by the
proposed transmission facility.
(b) Each application shall include a facility plan containing the following information:
1. Written description of the type of consumer services each provider will provide to its
customers (radio, television, electric generation, cellular, PCS, SMR, ESMR, paging or
other anticipated wireless communication services).
2. List of all existing sites, existing sites to be upgraded or replaced, and proposed sites
within the County for services to be provided by the provider.
3. Map of the County which shows the geographic service areas of the applicant's
existing and proposed sites.
4. Copies of letters informing each government unit adjacent to the unit and the unit itself
in which the transmission facility is proposed to be located, in Wisconsin and Minnesota,
of the application.
5. A visual analysis, including photo simulations of the view of the vicinity of the
transmission facility before and after the proposed transmission facility is built, taken
from approximately a mile from the transmission facility, north, south, east and west of
the proposed site, and which may include photo montage, field mock up or other
techniques, which identifies the potential visual impacts of the proposed transmission
facility. Consideration shall be given to views from public areas as well as from private
residences. The analysis shall assess the cumulative impacts of the proposed
transmission facility and other existing and foreseeable transmission facilities in the
area, and shall identify and include all feasible mitigation measures consistent with the
technological requirements of the proposed service.
(c) Landowner Acknowledgement. Written acknowledgement by the landowner of a leased
site that he /she will abide by all applicable terms and conditions of the land use permit or
special exception permit, including the restoration and reclamation requirements of
section 17.83(6) of this ordinance.
(d) A performance bond in a form acceptable to the Zoning Administrator in an amount
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sufficient to provide for removal of the transmission facility.
(e) Additional Information and Analysis.
1. The Zoning Administrator or Board of Adjustment may, at his/her or its discretion,
require visual impact demonstrations, including mock -ups and/or photo montages;
screening and painting plans; network maps; alternative site analysis; lists of other
nearby transmission facilities; or facility design alternatives for the proposed
transmission facilities.
2. The Zoning Administrator or Board of Adjustment may employ on behalf of the County
independent technical experts to review materials submitted by the applicant or to
prepare any materials required but not submitted by the applicant. The applicant shall
pay the costs of such review and/or independent analysis.
17.88 BIENNIAL REPORT.
Owners, providers or permittees shall submit each even numbered year on or before
January 31, a transmission facility information report, on a County form. The report shall detail
the use, maintenance and condition of the transmission facility since the previous report,
availability of the Transmission Facility for added colocation and other information reasonably
deemed necessary by the Zoning Administrator. The report shall be accompanied by a two -year
renewal of the performance bond in a form acceptable to the Zoning Administrator in an amount
sufficient to provide for removal of the transmission facility.
17.89 SAFETY INSPECTION.
If the County has reason to believe that a transmission facility is a safety risk, it may
require the permit holder to perform an inspection by a registered engineer and provide a copy of
the inspection results to the Zoning Administrator within sixty days. The County shall provide
the owner with information forming the basis for belief that the transmission facility is a safety
risk before requiring inspection.
17.90 ENFORCEMENT AND PENALTIES
In addition to all other enforcement and penalty remedies available in sec. 17.71, a county
permit issued under this subchapter may be revoked under 17.71(6)(a). Failure or delay longer
than sixty days after the County mails the blank Transmission Facilities information report form
to the owner /provider or permittee shall result in a late fee of $200.00 per week until received.
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