Loading...
HomeMy WebLinkAboutResolution 1997 (39) RESOLUTION APPROVING AMENDMENT OF THE TOWN OF HUDSON ZONING ORDINANCE RELATING TO WIRELESS TELECOMMUNICATION FACILITIES Resolution No. . 1 . 1 7 ) St. Croix County, Wisconsin WHEREAS, the Town of Hudson has a zoning ordinance which it proposes to amend; and WHEREAS, Section 60.62(3), Wisconsin Statutes, requires the County Board of Supervisors to approve the Town's proposed amendment of the Town zoning ordinance because St. Croix County has a county zoning ordinance; and WHEREAS, the proposed amendment is a new section regulating wireless telecommunication facilities located or proposed to be located in the Town; and WHEREAS, the County Planning, Zoning, and Parks Committee has reviewed and recommended approval of the proposed amendment. THEREFORE, be it resolved by the St. Croix County Board of Supervisors that the amendment to the Town of Hudson zoning ordinance, "Section 8 - Zoning Ordinance, AN ORDINANCE REGULATING WIRELESS TELECOMMUNICATION FACILITIES IN THE TOWN OF HUDSON," attached hereto, adopted by the Hudson Town Board October 15, 1997, is approved. Dated this . day of 6- w-.,„,6-4''`' , 1997 Offered by: Planning, Zoning and Parks Committee Negative Affirmative r. -t--- STATE OF WISCONSIN COUNTY OF ST. CROIX I, Sue E. Nelson, St. t d* Canty OE d CO HEREBY CERTIFY that the ,. rovAnng Is a true and coned copy of • e q :d by the Counts/ Board of ^ 43nisoni at IL* meeting held Sue E. Nelson. St. Croix County Clerk TOWN OF HUDSON 980 County Road A Hudson, WI 54016 715- 386 -4263 October 16, 1997 St. Croix County Planning, Zoning Fr Parks Committee Attn: Zoning Administrator 1101 Carmichael Road Hudson, WI 54016 AMENDMENT TO TOWN OF HUDSON ZONING ORDINANCE Please note that at a Public Hearing held on October 15, 1997, the Hudson Town Board adopted the attached ordinance; Section 8 - Zoning Ordinance AN ORDINANCE REGULATING WIRELESS COMMUNICATIONS FACILITIES IN THE TOWN OF HUDSON Per the following motion: Motion by Supervisor Tim Foster, seconded by Supervisor Dave Ostby to adopt Section 8 - AN ORDINANCE REGULATING WIRELESS COMMUNICATIONS FACILITIES IN THE TOWN OF HUDSON. Motion carried. Please send a certified copy of the resolution passed by the County Board of Supervisors regarding this amendment to the Town of Hudson zoning ordinance to myself at the address listed in the letterhead. Approved October 15, 1997 Rita M. Horne, Chairperson Tim Foster, Supervisor Dave Ostby, Supervisor Re :: rds, • - nn Wert Town Clerk Section 8 - Zoning Ordinance AN ORDINANCE REGULATING WIRELESS COMMUNICATION FACILITIES IN THE TOWN OF HUDSON 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 installations of wireless communication facilities; and WHEREAS, the location, siting, design and construction of wireless communication facilities can have adverse impacts on the surrounding area; and WHEREAS, on May 1, 1997, the Hudson Town Board of Supervisors adopted a resolution establishing a temporary moratorium on construction of telecommunication towers to allow the Town to complete studies, make plans and develop ordinance amendments to provide for and be compatible with the orderly development of these telecommunication facilities; and WHEREAS, the Town 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 Chapter 60 Wisconsin Statutes; NOW, THEREFORE, to accommodate the communication needs of residents and businesses while protecting health, safety and welfare, to minimize adverse visual effects of wireless facilities through careful design and siting standards, to avoid potential hazards or damage to adjacent properties from tower failure through structural standards and setback requirements, to maximize the use of existing and approved towers and structures for new wireless communications antennas, and to reduce the number of towers needed to serve the Town, the Hudson Town Board of Supervisors does ordain as follows: WIRELESS COMMUNICATION FACILITIES 8.1 PURPOSE The purposes of the regulations and requirements of this subchapter are to: (1) Accommodate the communication needs of residents and businesses while protecting the public health, safety and general welfare; (2) Facilitate the provision of wireless communication services to the residents and businesses of the Town of Hudson; (3) Minimize adverse visual effects of wireless communication facilities through careful siting and design standards; (4) Avoid potential damage to adjacent properties from the construction and operation of wireless communication facilities through structural standards and setback requirements; and (5) Maximize the use of existing and approved towers, buildings or structures to accommodate new wireless communication antennas to reduce the number of towers needed to serve the community. 8.2 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) Collocation. The location of more than one antenna or set of antennas on the same tower 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) Tower. Any structure that is designed and constructed primarily for the purpose of supporting one or more antennas, including guy towers, monopole towers and self - supporting lattice towers. (8) Tower accessory structure. Any structure located at the base of a tower for housing base receiving or transmitting equipment. (9) Wireless Communications. Any personal wireless 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. 8.3 APPLICABILITY. (1) Preexisting Towers and antennas. Any tower or antenna for which a permit has been issued prior to the effective date of this section shall not be required to meet the requirements of this section other than the requirements of Section 8.4 (1), (2), and (6). Any addition or change to a preexisting tower or antenna shall comply with all applicable requirements of this section . (2) District Height Limitations. The requirements set forth in this subchapter shall govern the design and siting of towers and antennas that exceed the height limitations specified for each zoning district. (3) Amateur Radio: Receive Only Antennas. This chapter shall not govern the installation of any tower or antenna that is owned and/or operated by a federally licensed amateur radio operator or is used exclusively for receive -only antennas. 8.4 GENERAL REQUIREMENTS. (1) All towers and antennas shall comply with all FCC and FAA rules and regulations. (2) Design and installation of all towers and antennas shall comply with the manufacturer's specifications. Plans shall be approved and certified by a registered professional engineer. (3) Installation of all towers and antennas shall comply with all applicable state and local building and electrical codes. (4) For leased sites, written authorization for siting the wireless communication facilities from the property owner must be provided. (5) All towers and antennas must be adequately insured for injury and property damage. (6) All unused towers and antennas must be removed within 12 months of cessation of operation or use, unless a written exemption is provided by the Zoning Administrator. After the facilities are removed, the site shall be restored to its original or an improved condition and anchoring elements shall be removed from the ground to within 8 feet of ground level. If removal and/or restoration is not completed, the Town is authorized to complete the removal and the site restoration and the cost shall be assessed against the property as a special assessment. (7) When applicable, proposals to erect new towers and antennas shall be accompanied by any required federal, state or local agency licenses or applications for such licenses. (8) Only one tower is permitted on a parcel of land. Additional towers may be permitted with a special exception permit if the additional tower is located within 200 feet of the existing tower and all other requirements of this section are met. (9) The monopole design is the preferred tower structure. Use of guy or lattice towers must be justified on the basis of collocation opportunities or specific structural requirements. 8.5 PROHIBITIONS. (1) No tower shall be over 300 feet in height. (2) No tower or antenna 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 tower or antenna. (4) Towers and antennas shall not be artificially illuminated unless required by FCC or FAA regulations. (5) No part of any tower or antenna shall extend across or over any right -of -way, public street, highway, sidewalk or property line. (6) No temporary mobile communication sites are permitted except in the case of equipment failure, equipment testing, equipment replacement, or in the case of an emergency situation authorized by the Zoning Administrator. Use of temporary mobile communication sites for testing purposes shall be limited to 24 hours, and the use of temporary mobile communication sites for equipment failure, equipment replacement, in the case of emergency situations, shall be limited to 30 days, unless extended in writing by the Zoning Administrator. 8.6 DISTRICT REQUIREMENTS. Wireless communication facilities are regulated according to the zoning district in which the property is located. They must meet all requirements of the governing zoning district other than the standards provided in this section. Following are the use standards for the various districts: (1) Commercial, Industrial and Commercial/Light Industrial Districts.. (a) The following are permitted with a building permit from the Town Zoning Administrator: 1. Antennas attached to an existing tower or structure and not extending more than 20 feet above the highest point of the tower or structure. 2. A tower 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 are permitted with a special exception permit issued under this section: 1. Antennas attached to an existing tower or structure extending more than 20 feet above the highest point of the tower or structure. 2. Any new tower to a maximum height of 300 feet. (2) Agricultural and Agricultural/Residential Districts. (a) The following are permitted with a building permit from the Town Zoning Administrator: 1. Antennas attached to an existing tower or structure and not extending more than 20 feet above the highest point of the tower or structure. 2. A tower 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 are permitted with a special exception permit issued under this section: 1. Antennas attached to an existing tower or structure extending more than 20 feet above the highest point of the tower or structure. 2. Any new tower to a maximum height of 300 feet. (3) Residential and Conservancy Districts. (a) The following are permitted with a special exception permit issued under this section; 1. Antennas attached to an existing tower or structure and not extending more than 20 feet above the highest point of the tower or structure. 2. A tower 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 towers or antennas are permitted in these districts. (4) Shoreland, Floodplain and St. Croix River Districts. (a) Antennas attached to an existing tower or structure and not extending more than 20 feet above the highest point of the tower or structure may be allowed by special exception permit. (b) No other towers or antennas are permitted in these districts. 8.7 PERFORMANCE STANDARDS. (1) General. Except as provided in this section, all wireless communication facilities shall meet the dimensional standards of the zoning district in which they are located. Where the facilities are the principal use on a separate parcel, the parcel shall meet the minimum lot size requirements of the respective zoning district. On a parcel of land that already has a principal use, the facilities shall be considered an accessory use and a smaller area of land may be leased provided that all requirements of this ordinance can be met. (2) Setbacks and Separation. (a) Generally, tower structures shall be setback from the nearest property line a distance equal to the height of the tower. This setback may be reduced 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) Towers shall not be located within 500 feet of any residence other than the residence on the parcel on which the tower is to be located. (3) Collocation/Sharing of Facilities. (a) No new tower shall be permitted unless the applicant demonstrates to the reasonable satisfaction of the Town Board that no existing tower or structure can accommodate the applicant's proposed antenna. Supporting evidence may consist of any of the following conditions: 1. No existing towers or structures are located within the geographic area required to meet the applicant's engineering requirements. 2. Existing towers or structures are not of sufficient height to meet the applicant's engineering requirements. 3. Existing towers or structures do not have sufficient structural strength to support applicant's proposed antenna and related equipment. 4. The applicant's proposed system would cause electromagnetic interference with the system on the existing tower or structure, or the system on the existing tower or structure would cause interference with the applicant's proposed system. 5. The fees, cost or contractual provisions required by the owner to share an existing tower or structure or to adapt an existing tower or structure for sharing are unreasonable. Costs exceeding new tower development are considered unreasonable. 6. The applicant demonstrates that there are other limiting factors that render existing towers or structures. (b) New towers shall be designed structurally and electrically to accommodate the applicant's antennas and comparable antennas for at least 2 additional users if the tower is 130 feet or more in height. Towers must also be designed to allow for future rearrangement of antennas on the tower and accept antennas mounted at different heights. (4) Screening and Landscaping. The tower location shall provide for the maximum amount of screening of the facilities. The site shall be landscaped 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. The standard buffer shall consist of a landscaped strip at least 4 feet wide outside the perimeter of the area where tower accessory structures and equipment are located at ground level. In locations where the visual impact of the tower would be minimal, the landscaping requirement may be reduced or waived by the governing authority. Existing mature vegetation and natural landforms on the site shall be preserved to the maximum extent possible. (5) Security Fencing and Lighting. (a) All towers shall be reasonably protected against unauthorized access. The bottom of the tower from ground level to 12 feet above ground shall be designed to preclude 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 facilities and equipment is permitted, as ling as it is down shielded to keep light within the boundaries of the site. (6) Color and Materials. (a) All towers and antennas shall use building materials, colors, textures, screening and landscaping that blend the facilities with the surrounding natural features and built environment to the greatest extent possible. The tower shall be painted light blue or other color that is demonstrated to minimize visibility. (b) All metal towers shall be constructed or treated with corrosion resistant material. (7) Parking and Access. Adequate parking spaces shall be provided on each site so that parking on public right -of -way will not be necessary. Additional parking may be required by the Town Board if the minimum parking proves to be inadequate. Access must be provided by a gated, all - weather driveway. 8.9 PERMIT REQUIREMENTS. (1) The construction or installation on any wireless communication facility requires a building permit or special exception permit under this ordinance. (2) Building Permits. Uses and facilities permitted under this section may be authorized by the Zoning Administrator upon the submittal and approval of a properly completed application for a building permit under this section. (3) Special Exception Permits. Uses and facilities requiring a special exception permit under this section may be authorized by the Town Board upon submittal and approval of a properly completed application for a special exception permit. (4) Applications. All applications for building permits or special exception permits for new wireless communication facilities shall include the following information: (a) A report from a registered professional engineer and other professionals: 1. Describes the tower height and design, including a cross section and elevation; 2. Certifies the facility's compliance with structural and electrical standards; 3. Describes the tower's capacity, including the potential number and type of antennas 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 facilities will not cause destructive interference with previously established public safety communications system; and 6. Describes how the requirements and standards of this section will be met by the proposed facilities. (b) Each application shall include a facility plan and: 1. A written description of the type of consumer services each provider will provide to its customers (cellular, PCS, SMR, ESMR, paging or other anticipated wireless communication services). 2. Provide a list of all existing sites to be upgraded or replaced, and proposed cell sites within the Town for these services to be provided by the provider. 3. Provide a map of the Town which shows the geographic service areas of the existing and proposed cell sites. (c) Landowner Acknowledgment. Written acknowledgment by the landowner of a leased site that he /she will abide by all applicable terms and conditions of the building permit or special exception permit, including the restoration and reclamation requirements of the Town Board. (d) Additional Information and analysis. 1. The Zoning Administrator or Town board may require visual impact demonstrations, including mock -ups and/or photo montages; screening and painting plans; network maps; alternative site analysis; lists of other nearby wireless communication facilities; or facility design alternatives for the proposed facilities. 2. The Town Board may employ an independent technical expert to review technical materials submitted by the applicant or to prepare any technical materials required but not submitted by the applicant. The applicant shall pay the costs of such review and/or independent analysis. (e) Existing Tower/New Antenna. Applications for a building permit to add a new antenna to an existing tower or structure shall be exempt from the requirements of par. (4) (b) of this section. Effective Date: This ordinance shall become effective upon its adoption by the Hudson Town Board, approval of the St. Croix County Board and publication. I, JoAnn Wert, Hudson Town Clerk, do hereby certify that the foregoing is a true and correct copy of the Ordinance Regulating Wireless Communication Facilities adopted by the Hudson Town Board at their meeting held October 15, 1997.