HomeMy WebLinkAboutOrdinance 1997 (420) ta 1
AN ORDINANCE ESTABLISHING
A TEMPORARY MORATORIUM ON
CONSTRUCTION OF TELECOMMUNICATION TOWERS
ORDINANCE NO. qa 1 (97)
The St. Croix County Board of Supervisors does ordain as follows:
Section I. Authority
This ordinance is enacted to promote the public health, safety and general welfare of the citizens of St.
Croix County as provided under section 59.69, Wisconsin Statutes.
Section II. Purpose
Recent advances in wireless communications technology have resulted in a new generation of cellular
communication services. These new services, called "Personal Communications Services" ( "PCS "), will
likely require numerous antenna locations throughout St. Croix County. These antennae may be located
on buildings, water towers, and similar structures, but will also frequently be located on towers constructed
or enlarged for that purpose.
At least two PCS providers have been licensed by the FCC to serve St. Croix County, and additional
providers are expected to be licensed. These providers are expected to pursue antenna sites throughout
the County, and these efforts are expected to include requests to construct new or enlarged
communications towers. There is concern that current County Zoning Ordinance provisions may not
adequately address issues related to these towers, such as the location of these towers and the conditions
under which they may be allowed within the County, including structural and construction requirements,
setbacks, height limitations and co- location.
There is a need to study these and other issues to determine what regulatory controls may need to be
adopted to protect the public health, safety and welfare. The Planning, Zoning and Parks Committee, staff
and affected town officials have begun to study and evaluate PCS and tower issues, but additional time
is needed for these purposes before proposals for amendments to County zoning regulations can be
prepared and considered by the County Board at a public hearing.
This moratorium is necessary to allow the St. Croix County Board of Supervisors and local communities
time to complete studies, make plans and adopt ordinance amendments to provide for and be compatible
with the orderly development of these communication facilities. The County Board of Supervisors has
concluded that issuance of approvals for new or enlarged communication towers during the period of study
and planning could preempt the purposes of these planning efforts and destroy their beneficial effects.
Therefore, the County Board of Supervisors finds that the studies, plans and ordinance amendments will
not be effective unless a moratorium is imposed on the construction or enlargement of communications
towers and the use and development of lands within the County for such towers, pending the completion
of necessary studies and consideration and adoption of necessary ordinance amendments. At the present
time, it is expected that the necessary study and ordinance development can be completed within a 90 -day
period.
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Section III. Applicability
This ordinance shall apply to and govern the unincorporated lands in St. Croix County that are under the
jurisdiction of the County Zoning Ordinance for a period of 90 days from the effective date of this
ordinance, unless this ordinance is amended by the St. Croix County Board of Supervisors. These lands
are located in the Towns of Baldwin, Cylon, Eau Galle, Emerald, Erin Prairie, Glenwood, Hammond,
Kinnickinnic, Pleasant Valley, Richmond, Rush River, St. Joseph, Somerset, Springfield, Stanton, Star
Prairie, Troy and Warren.
Section IV. Scope of Regulations
Except as hereinafter provided, while this ordinance is in effect:
1) No communication tower shall be constructed, erected, placed, or enlarged, nor shall any zoning permit
be issued by the County for the construction, erection, placement, or enlargement of any communication
tower on any property within the jurisdiction of the County Zoning Ordinance as described in Section III.
2) The Board of Adjustment shall not accept applications or grant special exception permits or variances
for communication towers on lands under the jurisdiction of the County Zoning Ordinance as described
in Section III.
Section V. Exceptions
Section IV shall not apply in the following instances, provided that the affected tower is in conformance
with all other applicable ordinances and regulations of the County:
1) The lawful use of existing towers or the lawful erection of antennae on such existing towers.
2) The repair and maintenance of any existing tower, provided that such work does not enlarge or expand
that tower.
3) Work on a tower necessary to preserve health, safety, life or property in the face of an emergency.
4) Tower work that has received all necessary permits and approvals from the County prior to the effective
date of this ordinance.
Section VI. Penalties
Any person, corporation or other entity who violates the provisions of this ordinance shall be subject to
civil forfeitures and injunctional orders as provided by section 17.71 of the St. Croix County Zoning
Ordinance.
Section VII. Severability
A finding of invalidity of any word or section of this ordinance shall not affect the applicability of any
remaining words or sections which can be applied without reference to the invalid word or section.
Section VIII. Effective Date
This ordinance shall become effective upon its adoption by the St. Croix County Board of Supervisors
and publication.
Adopted by the St. Croix County Board of Supervisors this 15th day of April, 1997.
Attest: Sue E. Nelson, County Clerk
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