HomeMy WebLinkAboutOrdinance 1997 (440) •
AN ORDINANCE ESTABLISHING SUBCHAPTER VIII
OF CHAPTER 17, ST. CROIX COUNTY ZONING CODE,
REGULATING WIRELESS COMMUNICATION FACILITIES
ORDINANCE NO.W0 (97)
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 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 and be compatible with the orderly development of these
telecommunication 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;
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
County, the St. Croix County Board of Supervisors does ordain Subchapter VIII of Chapter 17,
St. Croix County Zoning Code, as follows:
SUBCHAPTER VIII
WIRELESS COMMUNICATION FACILITIES
17.80 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;
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(2) Facilitate the provision of wireless communication services to the residents and
businesses of St. Croix County;
(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.
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) 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.
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17.82 APPLICABILITY.
(1) Preexisting Towers and Antennas. Any tower or antenna for which a permit has
been issued prior to the effective date of this subchapter shall not be required to meet the
requirements of this subchapter, other than the requirements of sections 17.83 (1), (2) and (6).
Any addition or change to a preexisting tower or antenna shall comply with all applicable
requirements of this subchapter.
(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 subchapter 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.
17.83 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
any :. > .
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� : . restor a tion w� and the cost M11
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) Generally, 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-1-00 200 feet
of the existing tower and all other requirements of this subchapter are met.
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(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.
17.84 PROHIBITIONS.
(1) No tower shall be over 300 feet in height.
(2) No tower or antenna may be installed on a parcel within er - berdering 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
failure, equipment testin Bete l t, or in the case of an emergency
equipment f g� :-;: �.:>:.;<:;: »
situation authorized by the County Sheriff 1 :g strato . Use of temporary mobile
communication sites for testing purposes shall be limited to 24 hours, and the use of temporary
cation sites for equipment failure, `' 1 :t � l .t r t, or in the case of
mobile communication :.::.::.::.: : ;:.:_�.::.�::::;:.;;:._: :.;:<.
emergency situations, shall be limited to 30 days, unless extended in writing by the Zoning
Administrator.
17.85 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 subchapter. Following are the use standards for the various
districts:
(1) Commercial, Restricted Commercial and Industrial Districts.
(a) The following are permitted with a building permit from the County Zoning
Administrator issued under this subchapter and section 17.70(3):
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
subchapter and section 17.70(7):
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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, Agricultural Two and Agricultural Residential Districts.
(a) The following are permitted with a building permit from the County Zoning
Administrator issued under this subchapter and section 17.70(3):
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
subchapter and section 17.70(7):
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) Residence and Conservancy Districts.
(a) The following are permitted with a special exception permit issued under this
subchapter and section 17.70(7):
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 5 0 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 Riverway Districts. No wireless
communications facilities are allowed in these districts.
(a) The following are permitted with a special exception permit issued under this
subchapter and section 17.70(7):
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.
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(b) No other towers or antennas are permitted in these districts.
17.86 PERFORMANCE STANDARDS
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(1) General. AtAt---a—minimum At---a—minimum �e: 1~:>::: �:.; �.:>::::<:>>:::<::;:::>:::,.:.::- �:.:�� all wireless ;: :,::
communication facilities shall meet the dimension 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 governing authority 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
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towers or structures unsuitable.
(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 -1-00
D 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 from off cit of the facilities. Facilities 411616$ lti shall be landscaped
with a buffer of plant materials that effectively screens the view of all i9kkgrx0p0 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 compound fai
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... ::<;:: ><:: NOV §MAN l al N Iron Ie el. 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 elig WO. 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 long 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. `:::'' parking spaces shall be
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on each site >'`•':`•:;::; : g ;; N:, { .,: : ,::.,,., ; ,
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may be required by the governing authority if the minimum parking proves to be inadequate.
Access must be provided by a gated, wee all - weather aeeess driveway.
17.87 PERMIT REQUIREMENTS.
(1) The construction or installation of any wireless communication facilities requires
a building permit or special exception permit under this ordinance.
(2) Building Permits. Uses and facilities permitted under this subchapter may be
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authorized by the Zoning Administrator upon the complete submittal and approval of an 00§0
am ec application for a building permit under this section and section 17.70(3).
(3) Special Exception Permits. Uses and facilities requiring a special exception permit
under this subchapter may be authorized by the Board of Adjustment upon the eemplete submittal
and approval of an ffitglyigigegOI application for a special exception under this section and
section 17.70(7).
(4) Applications. In addition to the application requirements of section 17.70(3) or
section 17.70(7), 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 #fidAtifitiptifiraft4 which:
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 Ngfia;
and
6. describes how the requirements and standards of this subchapter will be met by
the proposed facilities.
(b) Each application shall include a five -year facility plan. The County will maintain
an inventory of all existing and proposed wireless communication site installations and all
providers shall provide the following information in each five year plan. The plan must be
updated with each submittal as necessary.
1. 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, existing sites to be upgraded or replaced, and
proposed cell sites within the County for these services to be provided by the provider.
3. Provide a presentation-size map of the County which shows the five year plan for
- • • - - , ... , . • .. .. , the geographic service areas of the xtg
a nd cell sites.
(c) Landowner Acknowledgement. Written acknowledgement by the landowner of a
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leased site that he /she will abide by all applicable terms and conditions of the building permit or
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(d) Additional Information and Analysis.
1. The Zoning Administrator or oars f dust e may, his/her or ` s
- ��:;.::,..�r:;;; Y, o�>€.ts 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 wireless
communication facilities; or facility design alternatives for the proposed facilities.
2. The Zoning Administrator or Board of Adjustment may employ, on behalf of the
County, 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.
(f) Proprietary Information. Any proprietary information disclosed to the County as
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 19th day of August, 1997.
Attest: Sue E. Nelson, County Clerk
STATE OF NnscONsn4
COUNTY OF St CROIX
1, Sua E. Nelson, St. Croix
County Chmk, SO HEREBY CERTIFY that
t e tonguing Is a flue and coned m■
(�Zccau -Y VO(C7
6dc;.."3d by the County Board of Cupsrviscrs
at t+`air meeting held Cv. 6 `/ 1597
sue E. Nelson, St. Crobc County Clerk
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STATE OF WISCONSIN CIRCUIT COURT: ST. CROIX COUNTY
ALICE, INC. and
ST. CROIX VALLEY
SPORTS CLUB, INC., File no. 96 CV 137
Plaintiffs, STIPULATION AND
FINAL ORDER
vs. Case Type: #30701
ST. CROIX COUNTY,
Defendant.
IT IS HEREBY STIPULATED AND AGREED, by and between the
attorneys for the parties hereto, that the following terms shall
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constitute a consent decree and final settlement:
1. No costs, disbursements, or attorney's fees will be
awarded to any party;
2. Plaintiffs shall hold no more than 10 concerts annually at
the River's Edge site;
3. Concerts will end by 11:00 p.m.
4. Plaintiffs shall continue to cooperate with the St. Croix
County Sheriff's Department when staging a concern and continue to
reimburse the Sheriff's Department for the cost to the Sheriff's
Department of providing extra personnel coverage for the concerts;
5. Plaintiffs shall continue to provide adequate health and
emergency services for patrons;
6. Plaintiffs shall continue to provide sufficient sanitary
facilities and adequate drinking water for patrons;
7. Plaintiffs shall make reasonable efforts to minimize
traffic congestion by encouraging patrons to take alternate routes
to the site;
8. Plaintiffs shall provide a free parking area at the
River's Edge site sufficient to provide parking space for the
maximum number of vehicles anticipated for a concert.
Alternatively, plaintiffs shall provide shuttle service to the
River's Edge site from remote parking areas. A combination of a
parking area and shuttle service is also acceptable;
9. Plaintiffs shall provide security guards, either regularly
employed, off -duty law enforcement officers or licensed private
guards, sufficient to provide adequate security for the maximum
number of people anticipated for a concert;
10. Plaintiffs shall provide sufficient illumination of the
assembly area if a concert shall continue during hours of darkness;
11. If plaintiffs comply with the conditions of this
settlement and the River's Edge site is maintained as a regularly
established concert site, plaintiffs shall not be subject to
regulation under any County ordinance regulating large assemblies;
and
12. The parties jointly request that the court approve this
settlement and consent decree and dismiss this case with prejudice.
Dated: Augusta, 1997.
D • / /D,I / KOW,
AMP' Ailfirodr
a't e .. A. : egert
Attorneys .r Plaintiffs
Attorne o.: 1000368
P.O. Box 69
103 North Knowles Avenue
New Richmond, WI 54017
(715) 246 -2211
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Dated: August , g 1997.
ST. CROIX COUNTY
Grego A. Timmerman
Attor ys for Defendant
Attorney No. fO143 j3
St. Croix County Courthouse
1101 Carmichael Road
Hudson, WI 54016 -7710
(715) 381 -4315
ORDER
NOW THEREFORE, upon the stipulation of the parties and the
order of this court;
1. The settlement and consent decree between the parties is
approved; and
2. This case is dismissed with prejudice and without costs.
Dated: August id, 1997.
B Y T H E C O J : :
op
f A A
- 'obe •. Wei el
Circuit Court Judgh
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STATE OF WISCONSIN CIRCUIT COURT: ST. CROIX COUNTY
ALICE, INC. and
ST. CROIX VALLEY
SPORTS CLUB, INC., File no. 96 CV 137
Plaintiffs, STIPULATION AND
FINAL ORDER
vs Case Type: #30701
ST. CROIX COUNTY,
Defendant.
IT IS HEREBY STIPULATED AND AGREED, by and between the
attorneys for the parties hereto, that the following terms shall
constitute a consent decree and final settlement:
1. No costs, disbursements, or attorney's fees will be
awarded to any party;
2. Plaintiffs shall hold no more than 10 concerts annually at
the River's Edge site;
3. Concerts will end by 11:00 p.m.
4. Plaintiffs shall continue to cooperate with the St. Croix
County Sheriff Department when staging a concert and continue to
reimburse the Sheriff's Department for the cost to the Sheriff's
Department of providing extra personnel coverage for the concerts;
5. Plaintiffs shall continue to provide adequate health and
emergency services for patrons;
6. Plaintiffs shall continue to provide sufficient sanitary
facilities and adequate drinking water for patrons;
7. Plaintiffs shall make reasonable efforts to minimize
traffic congestion by encourage patrons to take alternate routes to
the site;
8. Plaintiffs shall provide a free parking area at the
River's Edge site sufficient to provide parking space for the
maximum number of vehicles anticipated for a concert.
Alternatively, plaintiffs shall provide shuttle service to the
River's Edge site from remote parking areas. A combination of a
parking area and shuttle service is also acceptable;
9. Plaintiffs shall provide security guards, either regularly
employed, off -duty law enforcement officers or licensed private
guards, sufficient to provide adequate security for the maximum
number of people anticipated for a concert;
10. Plaintiffs shall provide sufficient illumination of the
assembly area if a concert shall continue during hours of darkness;
11. If plaintiffs comply with the condition of this
settlement and the River's Edge site is maintained as a regularly
established concert site, plaintiffs shall not be subject to
regulation under any County ordinance regulating large assemblies;
and
12. The parties jointly request that the court approve this
settlement and consent decree and dismiss this case with prejudice.
Dated: August , 1997
DOAR, DRILL & SKOW, S.C.
Matthew A. Biegert
Attorneys for Plaintiffs
Attorney No. 1000368
P.O. Box 69
103 North Knowles Avenue
New Richmond, WI 54017
(715) 246 -2211
Dated: August , 1997
ST. CROIX COUNTY
Gregory A. Timmerman
Attorneys for Defendant
Attorney No.
St. Croix County Courthouse
1101 Carmichael Road
Hudson, WI 54016 -7710
(715) 381 -4315
ORDER
NOW THEREFORE, upon the stipulation of the parties and the
order of this court;
1. The settlement and consent decree between the parties is
approved; and
2. This case is dismissed with prejudice and without costs.
Dated: August , 1997.
BY THE COURT:
Robert O. Weisel
Circuit Court Judge