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HomeMy WebLinkAboutOrdinance 2017 (859) Ordinance No. 859 (2017) S0��, UNTY ORDINANCE REPEALING ST. CROIX COUNTY CODE OF ORDINANCES, SECTION 17.80-17.90 WIRELESS - , COMMUNICATION SERVICE AND OTHER TRANSMISSION FACILITIES,AND CREATING SECTION 17.50 MOBILE TOWER SITING 1 WHEREAS, the 2013 State of Wisconsin Biennial Budget Act modified the regulatory 2 powers of local governments in regard to wireless communication towers in Wisconsin Statute § 3 66.0404; and 4 5 WHEREAS, the Act has necessitated St. Croix County to review its Ordinance relating 6 to the regulation of wireless communication facilities to insure compliance with Wis. Stat. § 7 66.0404; and 8 9 WHEREAS, the St. Croix Community Development Committee held a public hearing on 10 the proposed amendments on July 26, 2017; and 11 12 WHEREAS, the Community Development Committee recommends approval of the 13 Mobile Tower Siting regulations and related definition modifications as shown in the attached 14 document, titled County Board Draft and dated August 1, 2017. 15 16 THEREFORE BE IT RESOLVED that the county board of supervisors of the county 17 of St. Croix does ordain as follows: 18 19 St. Croix County Code of Ordinances, Chapter 17, Subchapter VII, Section 17.80-17.90 20 Wireless Communication Service and Other Transmission Facilities as Amended, is 21 Repealed; and 22 23 St. Croix County Code of Ordinances, Chapter 17, Section 17.50 Mobile Tower Siting is 24 created. 25 26 Chapter 17.09 Definitions are amended as attached hereto, inserted alphabetically and 27 numbered numerically. 28 29 Throughout Chapter 17 Zoning, any cross-references to Wireless Communication Service 30 and Other Transmission Facilities 17.80-17.90 are replaced with cross-references to 31 Mobile Tower Siting 17.50 or the appropriate subsection reference. 32 33 FURTHER BE IT RESOLVED that the county board of supervisors of the county of 34 St. Croix does ordain that these amendments will take effect on August 15, 2017. Legal—Fiscal—Administrative Approvals: Legal Note: Fiscal Impact: Towers will require a Land Use Permit which is a lower permit fee than previously required resulting in slightly reduced CDD revenues. cot.T. Coy, Corpora o "ouri el 7 /2017 o � --- Ralaert lvlrt et F�ra� cu �rectc>r 7, " 017 4PNairick 7f2�4/2(fl7 07/26/17 Enacted 07/26/17 Community Development Committee RECOMMENDED ......... ......... ......... ......... ......... ......... ......... ......... ......... ......... ......... ......... ......... ......... ......... .......... RESULT: RECOMMENDED [UNANIMOUS] MOVER: Jill Ann Berke, Supervisor SECONDER: Daniel Hansen, Vice Chair AYES: Tom Coulter, Agnes Ring, Jill Ann Berke, Daniel Hansen EXCUSED: Dick Hesselink Vote Confirmation. 44v A *7 e C.ir19, Su,pervisor _., 7/28/201.7 St. Croix County Board of Supervisors Action: Roll Call -Vote Requirement— Majority of Supervisors Present RESULT: ENACTED [16 TO 0] MOVER: Agnes Ring, Supervisor SECONDER: Scott Nelson, Supervisor AYES: Sicard, Ring, Coulter, Long, Nelson, Berke, Ostness, Larson, Hansen, Peterson, Anderson, Achterhof, Leibfried, Peavey, Ard, Moothedan ABSTAIN: Roy Sjoberg ABSENT: Christopher Babbitt, Andy Brinkman This Ordinance was ENACTED by the St. Croix County Board of Supervisors on August 1,2017 Cindy Campbell, County Clerk ST. CROIX COUNTY CODE OF ORDINANCES LAND USE AND DEVELOPMENT DRAFT SECTION 17.50 MOBILE TOWER SITING EFFECTIVE ST. CROIX COUNTY COMMUNITY DEVELOPMENT DEPARTMENT GOVERNMENT CENTER 1101 CARMICHAEL ROAD HUDSON,WI 54016 715-386-4680 715-386-4686 FAX WWW.00.SAlNT-CR0lX.WI.US Draft July 26, 2017 17.50 Table of Contents 17.50 TABLE OF CONTENTS A. TITLE,AUTHORITY, EFFECTIVE DATE 1 1. Title 1 2. Statutory Authorization 1 3. Effective date 1 B. Findings & Purpose 1 1. Findings of Fact 1 2. Purpose 2 C. General Provisions 2 1. Applicability 2 2. Mobile Support Structures In The Floodplain Overlay District 2 3. Mobile Support Structures In The Public Right-Of-Way 2 4. Mobile Support Structures Exempt From Regulation 2 D. Permit Process 3 1. Permit Required 3 2. Land Use Permit Application For A Mobile Support Structure& Facilities, a Class 1 Co-Location or Class 2 Co-Location 3 3. Permit Decision & Appeal Process For New Mobile Support Structures and Facilities or Class 1 Co-Locations 4 4. Permit Decision & Appeal Process for Class 2 Co-Locations 4 E. Standards 5 1. Setbacks 5 2. Aeronautical Safety 5 3. Removal of Mobile Support Structure & Facilities 5 4. Performance Requirements 5 5. Prohibitions 6 6. Completion Deadline 6 7. Permit Revocation 6 8. Biennial Report 6 9. Safety Inspection 6 .............................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................. St. Croix County Zoning Ordinance 17.50-i Draft July 21, 2017 17.50 A. Title, Findings & Purpose ST. CROIX COUNTY CODE OF ORDINANCES LAND USE AND DEVELOPMENT SECTION 17.50 MOBILE TOWER SITING The Board of Supervisors of St. Croix County, Wisconsin, does ordain as follows: The St. Croix County Code of Ordinances, Subchapter VIII, Section 17.80-17.90 Wireless Communication Service and Other Transmission Facilities as amended, is repealed and created as Section 17.50 Mobile Tower Siting as follows: A. TITLE,AUTHORITY, EFFECTIVE DATE 1. TITLE a. This section shall be cited as: Section 17.50, St. Croix County Mobile Tower Siting. 2. STATUTORY AUTHORIZATION a. Except as otherwise noted, Section 17.50 is adopted through powers granted in Wis. Stat. §59.69 for the purpose of implementing Wis. Stats. §§66.0404 and 66.0406. 3. EFFECTIVE DATE a. Section 17.50 is effective on August 15, 2017 Ordinance No. (2017) B. FINDINGS & PURPOSE 1. FINDINGS OF FACT a. The Board of Supervisors hereby finds as follows: I) Mobile service facilities and support structures provide an important infrastructure for a wide variety of communication tools for emergency services providers, businesses and the public. 2) Mobile service facilities and support structures can create safety hazards that threaten the public health, safety or welfare. Such a safety threat is particularly great for mobile support structures that are structurally inadequate, and for mobile support structures that exceed 200 feet in height. 3) Radio broadcast services and facilities provide the public with the regular provision of commercial and noncommercial service involving the transmission, emission or reception of radio waves for the transmission of sound or images for direct reception by the general public. 4) Radio broadcast services and facilities are an essential infrastructure for radio and television broadcasts which are utilized extensively by businesses, and the public. 5) Wis. Stats. 66.0404 and 66.0406 limit the authority of local government to regulate mobile service facilities and support structures and radio broadcast services and facilities. 6) If oversized, mobile service support structures can have an adverse impact on the value of nearby property. St. Croix County Zoning Ordinance 17.50-1 Section 17.50 C. General Provisions Draft July 21, 2017 2. PURPOSE a. The purpose of this section is to: 1) Accommodate communication, radio, and television generation needs while protecting the public health safety and welfare. 2) Minimize adverse visual impacts, of the associated ground structures with screening requirements. 3) Minimize adverse impacts of such structures on the value of nearby property. C. GENERAL PROVISIONS 1. APPLICABILITY a. The following regulations and standards are applicable to all mobile support structures and facilities in all zoning districts unless otherwise provided in this section. b. Subject to C.2. and 3. below, mobile support structures and radio broadcast services and facilities are permitted in all zoning districts, with a Land Use Permit. 2. MOBILE SUPPORT STRUCTURES S IN FLOODPLAIN OVERLAY DISTRICT a. The County is required by Wis. Stat. §87.30 and NR 116 to adopt and enforce its floodplain zoning ordinance, which is codified as Section 17.40. In addition, the placement of electrical and mechanical equipment in a floodplain is regulated by SPS 321.33(5) of the state's construction standards. Nothing in this Section shall alter or affect the obligations arising from any of those provisions. 3. MOBILE SUPPORT STRUCTURES IN THE PUBLIC RIGHT-OF-WAY a. Pursuant to the County's authority under Wis. Stat. § 56.54(6). no mobile support structure or its structural components shall be erected or temporarily placed within any road or highway or its right-of-way. 4. MOBILE SUPPORT STRUCTURES EXEMPT FROM REGULATION a. The following mobile support structures and facilities shall be exempt from regulation under this section: I Amateur Radio antennas constructed for use by licensed arnateur radio operators up to 60 feet high. 2) Reception-only antennas and dishes for television and radio. 17.50-2 St. Croix County Zoning Ordinance Draft July 21, 2017 17.50 D. Permit Process D. PERMIT PROCESS 1. PERMIT REQUIRED a. A land use permit is required for a new mobile support structure and facilities, a Class 1 Co-Location or a Class 2 Co-Location. 2. LAND USE PERMIT APPLICATION FOR A MOBILE SUPPORT STRUCTURE &FACILITIES,A CLASS 1 Co-LOCATION OR A CLASS 2 Co-LOCATION a. A properly completed application for a land use permit for a new mobile support structure and facilities or Class 1 Co-Location shall be made to the Zoning Administrator upon forms furnished by the County. b. The application must be signed by both the property owner and the applicant or his/her agent. c. The following information shall be provided for new mobile support structures and facilities and Class 1 Co-Locations: I) A site plan prepared and certified by a professional engineer which shows the location of the mobile support structure and facilities, lot or parcel boundaries, the associated equipment on the ground, fencing, landscaping, lighting, access driveway and public road. 2) 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 co-location. a) The explanation must include a sworn statement from an individual who has responsibility over the placement of the mobile service support structure attesting to one of the following: i. That co-location within the applicant's search ring would not result in the same mobile service functionality, coverage, and capacity. ii. That co-location is technically infeasible. iii. That co-location is economically burdensome to the mobile service provider. 3) If the application is to construct a new mobile service support structure, a construction plan which describes the proposed rnobile service support structure and the equipment and network components, including antennas, transmitters, receivers, base stations, power supplies, cabling, and related equipment that will be planed on or around the new mobile service support structure. 4) If the application is a Class I co-location, which would 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. 5) A permit fee, not to exceed $3,000. d. The following information shall be provided for a Class 2 Co-Location. 1) The location of the proposed mobile service facilities. 2) A permit fee, not to exceed $500. St. Croix County Zoning Ordinance 17.50-3 17.50 D. Permit Process Draft July 21, 2017 3. PERMIT DECISION&APPEAL PROCESS FOR NEW MOBILE SUPPORT STRUCTURES AND FACILITIES OR CLASS 1 Co-LOCATIONS a. If an applicant submits to the Zoning Administrator an application for a permit for a new mobile support structure and facilities or Class 1 co-location, which contains all of the information required under this ordinance, it shall be considered complete. b. If the Zoning Administrator does not believe that the application is complete, the applicant will be notified 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. c. Within 90 days of receipt of a complete application, the Zoning Administrator shall complete all of the following or the applicant may consider the application approved, except that the applicant and the Zoning Administrator 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 building code and, subject to the limitations in this section, zoning ordinances. 2) Make a final decision whether to approve or disapprove the application. 3) Notify the applicant, in writing, of the final decision. 4) If the application is approved, issue the applicant the land use permit. 5) if the decision is to disapprove the application, include with the written notification substantial evidence which supports the decision. 4. PERMIT DECISION&APPEAL PROCESS FOR CLASS 2 Co-LOCATIONS a. If an applicant submits to the department an application for a permit for a Class 2 co- location, which contains all of the information required under this ordinance, the Zoning Administrator shall consider the application complete. b. If any of the required information is not in the application, the Zoning Administrator 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. c. Within 45 days of receipt of a complete application, the Zoning Administrator shall complete all of the following or the applicant may consider the application approved, except that the applicant and the Zoning Administrator may agree in writing to an extension of the 45 day period: 1} Make a final decision whether to approve or disapprove the application. 2) Notify the applicant, in writing;, of the final decision. 3) If the application is approved, issue the applicant the relevant permit. 4) if the decision is to disapprove the application, include with the written notification substantial evidence which supports the decision. 17.50-4 St. Croix County Zoning Ordinance Draft July 21, 2017 17.50 E. Standards E. STANDARDS 1. SETBACKS a. The setback for mobile service support structures and facilities shall meet the provisions in 17.18 Commercial District. 2. AERONAUTICAL SAFETY a. The County may disapprove an application involving creation of a new mobile support structure where both of the following are true: 1. The height of the new structure exceeds 200 feet, measured from the ground level at its site; and 2. The new structure would extend into air space [protected by 47 C.F.R. 17.7 (b)] that is above an imaginary surface extending outward and upward at any of the following slopes: a) 100 to 1 for a horizontal distance of 6.10 kilometers (20,000 feet) from the nearest point of the nearest runway of any airport with at least one runway more than 0.98 kilometers (3,200 feet)in actual length, excluding heliports. b) 50 to 1 for a horizontal distance of 3.05 kilometers (10,000 feet) from the nearest point of the nearest runway of any airport with its longest runway no more than 0.98 kilometers (3,200 feet)in actual length, excluding heliports. c) 25 to 1 for a horizontal distance of 1.52 kilometers (5,000 feet) from the nearest point of the nearest landing and takeoff area of any heliport. 3. REMOVAL OF MOBILE SUPPORT STRUCTURE &FACILITIES a. Any mobile support structure and facilities which is not used for the use for which the permit was granted for 12 consecutive months must be removed and the site restored within three months. The site shall be restored to its original condition and anchoring elements shall be removed from the ground to a depth of at least eight feet below grade. If removal and restoration are not completed the County is authorized to complete the removal and site restoration and charge the cost to the performance bond. 4. PERFORMANCE REQUIREMENTS a. A performance bond in a form acceptable to the Zoning Administrator shall be submitted at the time of application to provide for the removal of the mobile support structure and facilities. The bond shall be a maximum of$20,000. b. The structures on the ground shall be screened with six foot high coniferous trees to provide 80% opacity at maturity. c. The bottom of the mobile support structure and facilities from ground level to 12 feet above ground shall be designed to prevent unauthorized climbing and shall be enclosed with a minimum six-foot high chain link fence with a locked gate. d. Security lighting shall be downward directed and shielded to keep light within the boundaries of the site. e. Adequate parking shall be provided for maintenance and repair vehicles. f. A written acknowledgement from the landowner of a leased site that they will abide by the applicable conditions of the Land Use Permit, including the restoration and reclamation requirements in §17.50 E.3.a. of this section. .............................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................. St. Croix County Zoning Ordinance 17.50-5 17.50 D. Permit Process Draft July 21, 2017 g. Installation of the wireless mobile support structure and facilities shall comply with the manufacturer's specifications. h. New mobile support structure and facilities shall provide space for at least two co- locations. 5. PROHIBITIONS a. No wireless communication facility shall be artificially illuminated unless required by the FCC or FAA. b. A temporary mobile transmission facility site is not permitted except in the case of equipment failure, equipment testing, equipment replacement, or emergency and prior authorization is obtained from the Zoning Administrator. Use of a temporary site 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. c. There shall only be one mobile support structure and facilities on a parcel of land. 6. COMPLETION DEADLINE a. Wireless mobile support structure and facilities construction authorized by a land use permit issued under this section shall commence within one year from the date of approval and be substantially completed or implemented within two years. b. Applicants can request extensions of one or both deadlines, for periods up to six months, from the Zoning Administrator. c. The total time granted for extensions shall not exceed one year. 7. PERMIT REVOCATION a. Where the terms or conditions on any land use permit for wireless mobile support structure and facilities are violated, the permit may be revoked by the Zoning Administrator. 8. BIENNIAL REPORT a. The mobile support structure and facilities owner shall submit each even-numbered year on or before January 31", a transmission facility information report, on a county- provided form. The report shall detail the use, maintenance and condition of the wireless mobile support structure and facilities. 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 wireless mobile support structure and facilities. The bond amount is a maximum of$20,000. 9. SAFETY INSPECTION a. If the county has reason to believe that a wireless mobile support structure and facilities is a safety risk, it may require the permit holder to perform an inspection by a registered engineer and provide a copy of the report to the Zoning Administrator within 60 days of notice by the County that an inspection is required. 17.50-6 St. Croix County Zoning Ordinance AMENDMENTS TO ST.CROIX COUNTY CODE OF ORDINANCES LAND USE AND DEVELOPMENT CHAPTER 17: Amend the following sections, as shown with underlined additions and strikeout deletions: 17.09 DEFINITIONS of the St. Croix County Code of Ordinances is amended to include or delete the following definitions, each new definition will be inserted in alphabetical order and sequentially numbered: Antenna: Communications equipment that transmits and receives electromagnetic radio signals and is used in the provision of mobile services. Class 1 Co-Location: The placement of a new mobile service facility on an existing support structure such that the owner of the facility does not need to construct a free standing support structure for the facility but does need to engage in substantial modification. Class 2 Co-Location: The placement of a new mobile service facility on an existing support structure such that the owner of the facility does not need to construct a free standing support structure for the facility or engage in substantial modification. Co-Location: Class 1 or class 2 collocation or both. -A...i+e. ti: .i... .:t. nt is e.0.-ff+w'&-�eA E �-2ompo " : :.... mob4k 1-9....lkd tJ4h cz.....poa y 10 " *' + h.m... � :old itic�n n " ....474 ry .4 ,a a Mobile Service Facility: The set of equipment and network components, including antennas, transmitters, receivers, base stations,power supplies, cabling, and associated equipment, that is necessary to provide mobile service to a discrete geographic area, but does not include the underlying support structure. Mobile Service Provider: A person who provides mobile service. Mobile Service Support Structure: A freestanding structure that is designed to support a mobile service facility. Search Ring: A shape drawn on a map to indicate the general area within which a mobile service support structure should be located to meet radio frequency engineering requirements, taking into account other factors including topography and the demographics of the service area. Substantial Modification: The modification of a mobile service support structure, including the mounting of an antenna on such a structure, that does any of the following: 1. For structures with an overall height of 200 feet or less, increases the overall height of the structure by more than 20 feet. 2. For structures with an overall height of more than 200 feet, increases the overall height of the structure by 10 percent or more. 3. Measured at the level of the 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. 4. Increases the square footage of an existing equipment compound to a total area of more than 2,500 square feet. Support Structure: An existing or new structure that supports or can support a mobile service facility, including a mobile service support structure, utility pole, water tower, building, or other structure. f�� 8k4fctIl .....: d� u �aaTiezclk�v..:.F➢ llt ar Y-(wY(w�p/¶ura{.9w(r`pya�w��ro^✓�x'°y-gyp. s'u ux M1..p %,�' �'"e." g tl.+••4y.Y,efi+ie.Y y_(„_,-s.... 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CID mm�mwm�"uuuu lill IN WfNN�M P PN N� �� � D h 6� H/ tiN f ffNH HNC H11HWr111f7911mf� U �ImI�IpO�IIIIIIIIIIIIIIIIIIIIIINIIIIIIIIIIIIIO � -a �. � / �' � �0011110111 mPLa '° o o � Un 1 t ®r/o, � LO % M r CID r Z Updated 2015-16 Wis.Stats.Published and certified under s.35.18. June 12,2017. 66.0403 MUNICIPAL LAW Updated 15-16 Wis.Stats. 46 (12) CONSTRUCTION. (a) This section may not be construed (p) "Political subdivision" means a city, village, town, or to require that an owner obtain a permit prior to installing a solar county. collector or wind energy system. (q) "Public utility"has the meaning given in s. 196.01 (5). (b) This section may not be construed to mean that acquisition (r) "Search ring"means a shape drawn on a map to indicate the of a renewable energy resource easement under s.700.35 is in any general area within which a mobile service support structure way contingent upon the granting of a permit under this section. should be located to meet radio frequency engineering require- History:1981 c.354;1983 a.189 s.329(14);1983 a.532 s.36;1993 a.414;1995 ments,taking into account other factors including topography and a.201;1999 a.150 s.82;Stats.1999 s.66.0403;2007 a.97;2009 a.40. The common law right to solar access is discussed. Prah v.Maretti,108 Wis.2d the demographics of the service area. 223,321 N.W.2d 182(1982). (s) "Substantial modification" means the modification of a The owner of an energy system does not need a permit under this section. Barring mobile service support structure, including the mounting of an enforceable municipal restrictions,an owner may construct a system without prior - municipal approval. This section benefits and protects the owner of the system by antenna on such a structure,that does any of the following: restricting the use of nearby property to prevent an interference with the system. State 1. For structures with an overall height of 200 feet or less, ex rel.Nurnrich v.City of Mequon Board of Zoning Appeals,2001 WI App 88,242 Wis.2d 677,626 N.W?d 366,00-1643. increases the overall height of the structure by more than 20 feet. Wisconsin recognizes the power of the sun: Ptah v.Maretti and the solar access 2. For structures with an overall height of more than 200 feet, act. 1983 WLR 1263. increases the overall height of the structure by 10 percent or more. 66.0404 Mobile tower siting regulations. (1) DEFBQI- 3. Measured at the level of the appurtenance added to the TIONS. In this section: structure as a result of the modification,increases the width of the (a) "Antenna"means communications equipment that trans- support structure by 20 feet or more,unless a larger area is neces- sarymits and receives electromagnetic radio signals and is used in the for collocation. provision of mobile services. 4. Increases the square footage of an existing equipment com- b) "Application"means an application for a permit under this Pound to a total area of more than 2,500 square feet. section to engage in an activity specified in sub.(2)(a)or a class (t) "Support structure"means an existing or new structure that 2 collocation. supports or can support a mobile service facility, including a (c) "Building permit"means a permit issued by a political sub- mobile service support structure,utility pole,water tower,build- division that authorizes an applicant to conduct construction mg,or other structure. activity that is consistent with the political subdivision's building (u) "Utility pole"means a structure owned or operated by an code. alternative telecommunications utility, as defined in s. 196.01 (d) "Class 1 collocation"means the placement of a new mobile (ld);public utility, as defined in s. 196.01 (5); telecommunica- service facility on an existing support structure such that the tions utility,as defined in s. 196.01 (10);political subdivision;or owner of the facility does not need to construct a free standing sup- cooperative association organized under ch. 185; and that is port structure for the facility but does need to engage in substantial designed specifically for and used to carry lines,cables,or wires modification. for telecommunications service,as defined in s.182.017(1g)(eq); (e) "Class 2 collocation"means the placement of a new mobile for video service,as defined in s.66.0420(2)(y);for electricity; service facility on an existing support structure such that the or to provide light. owner of the facility does not need to construct a free standing sup- (2) NEW CONSTRUCTION OR SUBSTANTIAL MODIFICATION OF port structure for the facility or engage in substantial modification. FACILITIES AND SUPPORT STRUCTURES. (a) Subject to the provisions - (f) "Collocation"means class 1 or class 2 collocation or both. and limitations of this section,a political subdivision may enact a zoning ordinance under s.59.69,60.61,or 62.23 to regulate any (g) "Distributed antenna system"means a network of spatially of the following activities: separated antenna nodes that is connected to a common source via 1. The siting and construction of a new mobile service support a transport medium and that provides mobile service within a geo- graphic area or structure. structure and facilities. (h) "Equipment compound" means an area surrounding or 2. With regard to a class 1 collocation,the substantial modifi- adjacent to the base of an existing support structure within which cation of an existing support structure and mobile service facili- is located mobile service facilities. ties. (i) "Existing structure"means a support structure that exists at (b) If a political subdivision regulates an activity described the time a request for permission to place mobile service facilities under par. (a),the regulation shall prescribe the application pro- on a support structure is filed with a political subdivision. cess which a person must complete to engage in the siting,con- struction, or modification activities described in par. (a). The (j) "Fall zone"means the area over which a mobile support application shall be in writing and shall contain all of the follow- structure is designed to collapse. ing information: (k) "Mobile service"has the meaning given in 47 USC 153 1. The name and business address of,and the contact individ- (33). ual for,the applicant. (L) "Mobile service facility"means the set of equipment and 2. The location of the proposed or affected support structure. network components,including antennas,transmitters,receivers, 3. The location of the proposed mobile service facility. base stations,power supplies,cabling,and associated equipment, that is necessary to provide mobile service to a discrete geo- 4. If the application is to substantially modify an existing sup- graphic area,but does not include the underlying support struc- Port structure,a construction plan which describes the proposed tore. modifications to the support structure and the equipment and net- (m) "Mobile service provider"means a person who provides Fork components, including antennas, transmitters, receivers, mobile service, base stations, power supplies, cabling, and related equipment associated with the proposed modifications. ( "Mobile service support structure"means a freestanding 5. If the application is to construct a new mobile service structuresup- that is designed to support a mobile service facility. port structure,a construction plan which describes the proposed (o) "Permit"means a permit,other than a building permit,or mobile service support structure and the equipment and network approval issued by a political subdivision which authorizes any of components,including antennas,transmitters,receivers,base sta- the following activities by an applicant: tions,power supplies,cabling,and related equipment to be placed 1. A class 1 collocation. on or around the new mobile service support structure. 2. A class 2 collocation. 6. If an application is to construct a new mobile service sup- 3. The construction of a mobile service support structure. port structure,an explanation as to why the applicant chose the 2015-16 Wisconsin Statutes updated through 2017 Wis.Act 10 and all Supreme Court and Controlled Substances Board Orders effective on or before June 12,2017.Published and certified under s.35.18. Changes effective after June 12,2017 are designated by NOTES.(Published 6-12-17) Updated 2015-16 Wis.Stats.Published and certified under s.35.18. June 12,2017. 47 Updated 15-16 Wis.Stats. MUNICIPAL LAW 66.0404 proposed location and why the applicant did not choose colloca- (b) If an applicant submits to a political subdivision an applica- tion, including a sworn statement from an individual who has tion for a permit to engage in a class 2 collocation,the application responsibility over the placement of the mobile service support shall contain all of the information required under sub.(2)(b) 1. structure attesting that collocation within the applicant's search to 3., in which case the political subdivision shall consider the ring would not result in the same mobile service functionality, application complete. If any of the required information is not in coverage, and capacity;is technically infeasible; or is economi- the application,the political subdivision shall notify the applicant tally burdensome to the mobile service provider. in writing, within 5 days of receiving the application, that the (c) If an applicant submits to a political subdivision an applica- application is not complete. The written notification shall specify tion for a permit to engage in an activity described under par.(a), in detail the required information that was incomplete. An appli- which contains all of the information required under par.(b),the cant may resubmit an application as often as necessary until it is political subdivision shall consider the application complete. If complete. the political subdivision does not believe that the application is (c) Within 45 days of its receipt of a complete application,a complete, the political subdivision shall notify the applicant in political subdivision shall complete all of the following or the writing,within 10 days of receiving the application,that the appli- applicant may consider the application approved,except that the cation is not complete. The written notification shall specify in applicant and the political subdivision may agree in writing to an detail the required information that was incomplete. An applicant extension of the 45 day period: may resubmit an application as often as necessary until it is com- 1. Make a final decision whether to approve or disapprove the plete. application. (d) Within 90 days of its receipt of a complete application,a 2. Notify the applicant,in writing,of its final decision. political subdivision shall complete all of the following or the 3. If the application is approved,issue the applicant the rele- applicant may consider the application approved,except that the vant permit. applicant and the political subdivision may agree in writing to an 4. If the decision is to disapprove the application,include with extension of the 90 day period: the written notification substantial evidence which supports the 1. Review the application to determine whether it complies decision. with all applicable aspects of the political subdivision's building (d) A party who is aggrieved by the final decision of a political code and, subject to the limitations in this section, zoning ordi- subdivision under par. (c) 1. may bring an action in the circuit nances. court of the county in which the proposed activity, which is the 2. Make a final decision whether to approve or disapprove the subject of the application,is to be located. application. (4) LIMITATIONS. With regard to an activity described in sub. 3. Notify the applicant,in writing,of its final decision. (2)(a)or a class 2 collocation,a political subdivision may not do 4. If the decision is to disapprove the application,include with any of the following: the written notification substantial evidence which supports the (a) Impose environmental testing, sampling, or monitoring decision. requirements,or other compliance measures for radio frequency (e) A political subdivision may disapprove an application if an emissions,on mobile service facilities or mobile radio service pro- applicant refuses to evaluate the feasibility of collocation within eiders. the applicant's search ring and provide the sworn statement (b) Enact an ordinance imposing a moratorium on the permit- described under par. (b)6. ting,construction,or approval of any such activities. (f) A party who is aggrieved by the final decision of a political (c) Enact an ordinance prohibiting the placement of a mobile subdivision under par. (d) 2.may bring an action in the circuit service support structure in particular locations within the politi- court of the county in which the proposed activity,which is the cal subdivision. subject of the application,is to be located. (d) Charge a mobile radio service provider a fee in excess of (g) If an applicant provides a political subdivision with an one of the following amounts: engineering certification showing that a mobile service support 1. For a permit for a class 2 collocation,the lesser of$500 or structure,or an existing structure,is designed to collapse within the amount charged by a political subdivision for a building permit a smaller area than the setback or fall zone area required in a zon- for any other type of commercial development or land use devel- ing ordinance, that zoning ordinance does not apply to such a opment. structure unless the political subdivision provides the applicant 2. For a permit for an activity described in sub.(2)(a),$3,000. with substantial evidence that the engineering certification is (e) Charge a mobile radio service provider any recurring fee flawed. for an activity described in sub.(2)(a)or a class 2 collocation. (h) A political subdivision may regulate the activities (f) Permit 3rd parry consultants to charge the applicant for any described under par.(a)only as provided in this section. travel expenses incurred in the consultant's review of mobile ser- (i) If a political subdivision has in effect on July 2,2013,an vice permits or applications. ordinance that applies to the activities described under par.(a)and (g) Disapprove an application to conduct an activity described the ordinance is inconsistent with this section,the ordinance does under sub.(2)(a)based solely on aesthetic concerns. not apply to,and may not be enforced against,the activity. (gm) Disapprove an application to conduct a class 2 colloca- (3) COLLOCATION ON EXISTING SUPPORT STRUCTURES. (a) 1. A tion on aesthetic concerns. class 2 collocation is a permitted use under ss.59.69,60.61,and (h) Enact or enforce an ordinance related to radio frequency 62.23. signal strength or the adequacy of mobile service quality. 2. If a political subdivision has in effect on July 2,2013,an (i) Impose a surety requirement, unless the requirement is ordinance that applies to a class 2 collocation and the ordinance competitively neutral, nondiscriminatory, and commensurate is inconsistent with this section,the ordinance does not apply to, with the historical record for surety requirements for other facili- and may not be enforced against,the class 2 collocation. ties and structures in the political subdivision which fall into dis- 3. A political subdivision may regulate a class 2 collocation use. There is a rebuttable presumption that a surety requirement only as provided in this section. of$20,000 or less complies with this paragraph. 4. A class 2 collocation is subject to the same requirements 0) Prohibit the placement of emergency power systems. for the issuance of a building permit to which any other type of (k) Require that a mobile service support structure be placed commercial development or land use development is subject. on property owned by the political subdivision. 2015-16 Wisconsin Statutes updated through 2017 Wis.Act 10 and all Supreme Court and Controlled Substances Board Orders effective on or before June 12,201Z Published and certified under s.35.18. Changes effective after June 12,2017 are designated by NOTES.(Published 6-12-17) Updated 2015-16 Wis.Stats.Published and certified under s.35.18. June 12,2017. 66.0404 MUNICIPAL LAW Updated 15-16 Wis.Stats. 48 (L) Disapprove an application based solely on the height of the (a) "Political subdivision"means any city,village, town,or mobile service support structure or on whether the structure county. requires lighting. (b) "Radio broadcast services"means the regular provision of (m) Condition approval of such activities on the agreement of a commercial or noncommercial service involving the transmis- the structure or mobile service facility owner to provide space on sion,emission,or reception of radio waves for the transmission of or near the structure for the use of or by the political subdivision sound or images in which the transmissions are intended for direct at less than the market rate,or to provide the political subdivision reception by the general public. other services via the structure or facilities at less than the market (c) "Radio broadcast service facilities"means commercial or rate. noncommercial facilities,including antennas and antenna support (n) Limit the duration of any permit that is granted. structures,intended for the provision of radio broadcast services. (o) Require an applicant to construct a distributed antenna sys- (2) LIMITATIONS ON LOCAL REGULATION. Beginning on May 1, tem instead of either constructing a new mobile service support 2013,if a political subdivision enacts an ordinance,adopts a reso- structure or engaging in collocation. lution,or takes any other action that affects the placement,con- (p) Disapprove an application based on an assessment by the struction,or modification of radio broadcast service facilities,the political subdivision of the suitability of other locations for con- ordinance,resolution,or other action may not take effect unless ducting the activity. all of the following apply: (q) Require that a mobile service support structure, existing (a) The ordinance,resolution,or other action has a reasonable structure, or mobile service facilities have or be connected to and clearly defined public health or safety objective,and reflects backup battery powen the minimum practical regulation that is necessary to accomplish (r) Impose a setback or fall zone requirement for a mobile ser- that objective. vice support structure that is different from a requirement that is (b) The ordinance, resolution, or other action reasonably imposed on other types of commercial structures. accommodates radio broadcast services and does not prohibit,or (s) Consider an activity a substantial modification under sub. have the effect of prohibiting,the provision of such services in the (1)(s)1.or 2.if a greater height is necessary to avoid interference Political subdivision. with an existing anterma. (3) CONTINUED APPLICATION OF EXISTING REGULATIONS. If a (t) Consider an activity a substantial modification under sub. Political subdivision has in effect on May 1,2013,an ordinance (1)(s)3.if a greater protrusion is necessary to shelter the antenna or resolution that is inconsistent with the requirements that are from inclement weather or to connect the antenna to the existing specified in sub.(2)for an ordinance,resolution,or other action structure by cable. to take effect,the existing ordinance or resolution does not apply, (u) Limit the height of a mobile service support structure to and may not be enforced,to the extent that it is inconsistent with under 200 feet. the requirements that are specified in sub.(2). (4) DENIAL OF PLACEMENT, CONSTRUCTION, OR MODIFICATION (v) Condition the approval of an application on,or otherwise OF FACILITIES. If a political subdivision denies a request by any require,the applicant's agreement to indemnify or insure the polit- person to place,construct,or modify radio broadcast service facil- ical subdivision in connection with the political subdivision's ities in the political subdivision,the denial may be based only on exercise of its authority to approve the application. the political subdivision's public health or safety concerns. The (w) Condition the approval of an application on,or otherwise political subdivision must provide the requester with a written require,the applicant's agreement to permit the political subdivi- denial of the requester's request, and the political subdivision sion to place at or collocate with the applicant's support structure must provide the requester with substantial written evidence any mobile service facilities provided or operated by,whether in which supports the reasons for the political subdivision's action. whole or in part, a political subdivision or an entity in which a History: 2013 a.20;2013 a.173 s.33. political subdivision has a governance, competitive, economic, financial or other interest. 66.0407 Noxious weeds. (1) In this section: (5) APPLICABILITY. If a county enacts an ordinance as (a) "Destroy"means the complete killing of weeds or the kill- described under sub.(2)the ordinance applies only in the unincor- ing of weed plants above the surface of the ground by the use of porated parts of the county,except that if a town enacts an ordi- chemicals,cutting,tillage,cropping system,pasturing livestock, nance as described under sub.(2)after a county has so acted,the or any or all of these in effective combination,at a time and in a county ordinance does not apply,and may not be enforced,in the manner as will effectually prevent the weed plants from maturing town,except that if the town later repeals its ordinance,the county to the bloom or flower stage. ordinance applies in that town. History: 2013 a.20,173. (b) "Noxious weed"means Canada thistle,leafy spurge,field bindweed,any weed designated as a noxious weed by the depart- ment of natural resources by rule,and any other weed the govem- ing body of any municipality or the county board of any county may remove ashes, garbage, and rubbish from such classes of by ordinance or resolution declares to be noxious within its places in the city,village or town as the board or council directs. respective boundaries. The removal may be from all of the places or from those whose owners or occupants desire the service. Districts may be created (3) A person owning, occupying or controlling land shall and removal provided for certain districts only,and different regu- destroy all noxious weeds on the land. The person having imme- lations may be applied to each removal district or class of prop- diate charge of any public lands shall destroy all noxious weeds erty. The cost of removal may be funded by special assessment on the lands. The highway patrolman on all federal, state or against the property served,by general tax upon the property of county trunk highways shall destroy all noxious weeds on that the respective districts,or by general tax upon the property of the portion of the highway which that highway patrolman patrols. city,village or town. If a city,village or town contracts for ash, The town board is responsible for the destruction of all noxious garbage or rubbish removal service,it may contract with one or Feeds on the town highways. more service providers. (4) The chairperson of each town,the president of each village History: 1993 a.246;1999 a.150 s.119;Stats.1999 s.66.0405. and the mayor or manager of each city may annually on or before May 15 publish a class 2 notice,under ch.985,that every person 66.0406 Radio broadcast service facility regulations, is required by law to destroy all noxious weeds,as defined in this (1) DEFINITIONS. In this section: section,on lands in the municipality which the person owns,occu- 2015-16 Wisconsin Statutes updated through 2017 lis.Act 10 and all Supreme Court and Controlled Substances Board Orders effective on or before June 12,2017.Published and certified under s.35.18. 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CROIX COUNTY CODE OF ORDINANCES LAND USE AND DEVELOPMENT SECTION 17.50 MOBILE TOWER SITING EFFECTIVE 8-15-17 ST. CROIX COUNTY COMMUNITY DEVELOPMENT DEPARTMENT GOVERNMENT CENTER 1101 CARMICHAEL ROAD HUDSON,WI 54016 715-386-4680 715-386-4686 FAX WWW.00.SAlNT-CR0lX.WI.US August 15, 2017 17.50 Table of Contents 17.50 TABLE OF CONTENTS A. TITLE,AUTHORITY, EFFECTIVE DATE 1 1. Title 1 2. Statutory Authorization 1 3. Effective date 1 B. Findings & Purpose 1 1. Findings of Fact 1 2. Purpose 2 C. General Provisions 2 1. Applicability 2 2. Mobile Support Structures In The Floodplain Overlay District 2 3. Mobile Support Structures In The Public Right-Of-Way 2 4. Mobile Support Structures Exempt From Regulation 2 D. Permit Process 3 1. Permit Required 3 2. Land Use Permit Application For A Mobile Support Structure& Facilities, a Class 1 Co-Location or Class 2 Co-Location 3 3. Permit Decision &Appeal Process For New Mobile Support Structures and Facilities or Class 1 Co-Locations 4 4. Permit Decision & Appeal Process for Class 2 Co-Locations 4 E. Standards 5 1. Setbacks 5 2. Aeronautical Safety 5 3. Removal of Mobile Support Structure& Facilities 5 4. Performance Requirements 5 5. Prohibitions 6 6. Completion Deadline 6 7. Permit Revocation 6 8. Biennial Report 6 9. Safety Inspection 6 .............................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................. St. Croix County Zoning Ordinance 17.50-i August 15, 2017 17.50 A. Title, Findings & Purpose ST. CROIX COUNTY CODE OF ORDINANCES LAND USE AND DEVELOPMENT SECTION 17.50 MOBILE TOWER SITING The Board of Supervisors of St. Croix County, Wisconsin, does ordain as follows: The St. Croix County Code of Ordinances, Subchapter VIII, Section 17.80-17.90 Wireless Communication Service and Other Transmission Facilities as amended, is repealed and created as Section 17.50 Mobile Tower Siting as follows: A. TITLE,AUTHORITY, EFFECTIVE DATE 1. TITLE a. This section shall be cited as: Section 17.50, St. Croix County Mobile Tower Siting. 2. STATUTORY AUTHORIZATION a. Except as otherwise noted, Section 17.50 is adopted through powers granted in Wis. Stat. §59.69 for the purpose of implementing Wis. Stats. §§66.0404 and 66.0406. 3. EFFECTIVE DATE a. Section 17.50 is effective on August 15, 2017 Ordinance No. (2017) B. FINDINGS & PURPOSE 1. FINDINGS OF FACT a. The Board of Supervisors hereby finds as follows: 1) Mobile service facilities and support structures provide an important infrastructure for a wide variety of communication tools for emergency services providers, businesses and the public. 2) Mobile service facilities and support structures can create safety hazards that threaten the public health, safety or welfare. Such a safety threat is particularly great for mobile support structures that are structurally inadequate, and for mobile support structures that exceed 200 feet in height. 3) Radio broadcast services and facilities provide the public with the regular provision of commercial and noncommercial service involving the transmission, emission or reception of radio waves for the transmission of sound or images for direct reception by the general public. 4) Radio broadcast services and facilities are an essential infrastructure for radio and television broadcasts which are utilized extensively by businesses and the public. 5) Wis. Stats. 66.0404 and 66.0406 limit the authority of local government to regulate mobile service facilities and support structures and radio broadcast services and facilities. 6) if oversized, mobile service support structures can have an adverse impact on the value of nearby property. St. Croix County Zoning Ordinance 17.50-1 Section 17.50 C. General Provisions August 15, 2017 2. PURPOSE a. The purpose of this section is to: I Accommodate communication, radio, and television generation needs while protecting the public health safety and welfare. 2) Minimize adverse visual impacts, of the associated ground structures with screening requirements. 3) Minimize adverse impacts of such structures on the value of nearby property. C. GENERAL PROVISIONS 1. APPLICABILITY a. The following regulations and standards are applicable to all mobile support structures and facilities in all zoning districts unless otherwise provided in this section. b. Subject to C.2. and 3. below, mobile support structures and radio broadcast services and facilities are permitted in all zoning districts, with a Land Use Permit. 2. MOBILE SUPPORT STRUCTURES S IN FLOODPLAIN OVERLAY DISTRICT a. The County is required by Wis. Stat. §87.30 and NR 116 to adopt and enforce its floodplain zoning ordinance, which is codified as Section 17.40. In addition, the placement of electrical and mechanical equipment in a floodplain is regulated by SPS 321.33(5) of the state's construction standards. Nothing in this Section shall alter or affect the obligations arising from any of those provisions. 3. MOBILE SUPPORT STRUCTURES IN THE PUBLIC RIGHT-OF-WAY a. Pursuant to the County's authority under Wis. Stat. § 56.54(6). no mobile support structure or its structural components shall be erected or temporarily placed within any road or highway or its right-of-way. 4. MOBILE SUPPORT STRUCTURES EXEMPT FROM REGULATION a. The following mobile support structures and facilities shall be exempt from regulation under this section: 1) Amateur Radio antennas constructed for use by licensed amateur radio operators up to 60 feet high. 2) Reception-only antennas and dishes for television and radio. 17.50-2 St. Croix County Zoning Ordinance August 15, 2017 17.50 D. Permit Process D. PERMIT PROCESS 1. PERMIT REQUIRED a. A land use permit is required for a new mobile support structure and facilities, a Class 1 Co-Location or a Class 2 Co-Location. 2. LAND USE PERMIT APPLICATION FOR A MOBILE SUPPORT STRUCTURE &FACILITIES,A CLASS 1 Co-LOCATION OR A CLASS 2 Co-LOCATION a. A properly completed application for a land use permit for a new mobile support structure and facilities or Class 1 Co-Location shall be made to the Zoning Administrator upon forms furnished by the County. b. The application must be signed by both the property owner and the applicant or his/her agent. c. The following information shall be provided for new mobile support structures and facilities and Class 1 Co-Locations: 1) A site plan prepared and certified by a professional engineer which shows the location of the mobile support structure and facilities, lot or parcel boundaries, the associated equipment on the ground, fencing, landscaping, Lighting, access driveway and public road. 2) 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 co-location, a) The explanation must include a sworn statement from an individual who has responsibility over the placement of the mobile service support structure attesting to one of the following: i. That co-location within the applicant's search ring would not result in the same mobile service functionality, coverage, and capacity. ii. That co-location is technically infeasible. iii. That co-location is economically burdensome to the mobile service provider. 3) 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 that will be placed on or around the new mobile service support structure. 4) if the application is a Class L co-Location, which would 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. 5) A permit fee, not to exceed $3,000. d. The following information shall be provided for a Class 2 Co-Location. 1) The location of the proposed mobile service facilities. 2) A permit fee, not to exceed $500. St. Croix County Zoning Ordinance 17.50-3 17.50 D. Permit Process August 15, 2017 3. PERMIT DECISION&APPEAL PROCESS FOR NEW MOBILE SUPPORT STRUCTURES AND FACILITIES OR CLASS 1 Co-LOCATIONS a. If an applicant submits to the Zoning Administrator an application for a permit for a new mobile support structure and facilities or Class 1 co-location, which contains all of the information required under this ordinance, it shall be considered complete. b. If the Zoning Administrator does not believe that the application is complete, the applicant will be notified 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. c. Within 90 days of receipt of a complete application, the Zoning Administrator shall complete all of the following or the applicant may consider the application approved, except that the applicant and the Zoning Administrator may agree in writing to an extension of the 90-day period: 1) Review the application to determine whether it complies with all applicable aspects of the building code and, subject to the limitations in this section, zoning ordinances. 2) Make a final decision whether to approve or disapprove the application. 3) Notify the applicant, in writing, of the final decision. 4) if the application is approved, issue the applicant the land use permit. 5) if the decision is to disapprove the application, include with the written notification substantial evidence which supports the decision. 4. PERMIT DECISION&APPEAL PROCESS FOR CLASS 2 Co-LOCATIONS a. If an applicant submits to the department an application for a permit for a Class 2 co- location, which contains all of the information required under this ordinance, the Zoning Administrator shall consider the application complete. b. If any of the required information is not in the application, the Zoning Administrator 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. c. Within 45 days of receipt of a complete application, the Zoning Administrator shall complete all of the following or the applicant may consider the application approved, except that the applicant and the Zoning Administrator may agree in writing to an extension of the 45 day period: 1} Make a final decision whether to approve or disapprove the application. 2) Notify the applicant, in writing, of the final decision. 3) if the application is approved, issue the applicant the relevant permit. 4) if the decision is to disapprove the application, include with the written notification substantial evidence which supports the decision. 17.50-4 St. Croix County Zoning Ordinance August 15, 2017 17.50 E. Standards E. STANDARDS 1. SETBACKS a. The setback for mobile service support structures and facilities shall meet the provisions in 17.18 Commercial District. 2. AERONAUTICAL SAFETY a. The County may disapprove an application involving creation of a new mobile support structure where both of the following are true: 1. The height of the new structure exceeds 200 feet, measured from the ground level at its site; and 2. The new structure would extend into air space [protected by 47 C.F.R. 17.7 (b)] that is above an imaginary surface extending outward and upward at any of the following slopes: a) 100 to 1 for a horizontal distance of 6.10 kilometers (20,000 feet) from the nearest point of the nearest runway of any airport with at least one runway more than 0.98 kilometers (3,200 feet)in actual length, excluding heliports. b) 50 to 1 for a horizontal distance of 3.05 kilometers (10,000 feet) from the nearest point of the nearest runway of any airport with its longest runway no more than 0.98 kilometers (3,200 feet)in actual length, excluding heliports. c) 25 to 1 for a horizontal distance of 1.52 kilometers (5,000 feet) from the nearest point of the nearest landing and takeoff area of any heliport. 3. REMOVAL OF MOBILE SUPPORT STRUCTURE &FACILITIES a. Any mobile support structure and facilities which is not used for the use for which the permit was granted for 12 consecutive months must be removed and the site restored within three months. The site shall be restored to its original condition and anchoring elements shall be removed from the ground to a depth of at least eight feet below grade. If removal and restoration are not completed the County is authorized to complete the removal and site restoration and charge the cost to the performance bond. 4. PERFORMANCE REQUIREMENTS a. A performance bond in a form acceptable to the Zoning Administrator shall be submitted at the time of application to provide for the removal of the mobile support structure and facilities. The bond shall be a maximum of$20,000. b. The structures on the ground shall be screened with six foot high coniferous trees to provide 80% opacity at maturity. c. The bottom of the mobile support structure and facilities from ground level to 12 feet above ground shall be designed to prevent unauthorized climbing and shall be enclosed with a minimum six-foot high chain link fence with a locked gate. d. Security lighting shall be downward directed and shielded to keep light within the boundaries of the site. e. Adequate parking shall be provided for maintenance and repair vehicles. f. A written acknowledgement from the landowner of a leased site that they will abide by the applicable conditions of the Land Use Permit, including the restoration and reclamation requirements in §17.50 E.3.a. of this section. .............................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................. St. Croix County Zoning Ordinance 17.50-5 17.50 D. Permit Process August 15, 2017 g. Installation of the wireless mobile support structure and facilities shall comply with the manufacturer's specifications. h. New mobile support structure and facilities shall provide space for at least two co- locations. 5. PROHIBITIONS a. No wireless communication facility shall be artificially illuminated unless required by the FCC or FAA. b. A temporary mobile transmission facility site is not permitted except in the case of equipment failure, equipment testing, equipment replacement, or emergency and prior authorization is obtained from the Zoning Administrator. Use of a temporary site 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. c. There shall only be one mobile support structure and facilities on a parcel of land. 6. COMPLETION DEADLINE a. Wireless mobile support structure and facilities construction authorized by a land use permit issued under this section shall commence within one year from the date of approval and be substantially completed or implemented within two years. b. Applicants can request extensions of one or both deadlines, for periods up to six months, from the Zoning Administrator. c. The total time granted for extensions shall not exceed one year. 7. PERMIT REVOCATION a. Where the terms or conditions on any land use permit for wireless mobile support structure and facilities are violated, the permit may be revoked by the Zoning Administrator. 8. BIENNIAL REPORT a. The mobile support structure and facilities owner shall submit each even-numbered year on or before January 31", a transmission facility information report, on a county- provided form. The report shall detail the use, maintenance and condition of the wireless mobile support structure and facilities. 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 wireless mobile support structure and facilities. The bond amount is a maximum of$20,000. 9. SAFETY INSPECTION a. If the county has reason to believe that a wireless mobile support structure and facilities is a safety risk, it may require the permit holder to perform an inspection by a registered engineer and provide a copy of the report to the Zoning Administrator within 60 days of notice by the County that an inspection is required. 17.50-6 St. Croix County Zoning Ordinance AMENDMENTS TO ST.CROIX COUNTY CODE OF ORDINANCES LAND USE AND DEVELOPMENT CHAPTER 17: Amend the following sections, as shown with underlined additions and strikeout deletions: 17.09 DEFINITIONS of the St. Croix County Code of Ordinances is amended to include or delete the following definitions, each new definition will be inserted in alphabetical order and sequentially numbered: Antenna: Communications equipment that transmits and receives electromagnetic radio signals and is used in the provision of mobile services. Class 1 Co-Location: The placement of a new mobile service facility on an existing support structure such that the owner of the facility does not need to construct a free standing support structure for the facility but does need to engage in substantial modification. Class 2 Co-Location: The placement of a new mobile service facility on an existing support structure such that the owner of the facility does not need to construct a free standing support structure for the facility or engage in substantial modification. Co-Location: Class 1 or class 2 collocation or both. Mobile Service Facility: The set of equipment and network components, including antennas, transmitters, receivers, base stations,power supplies, cabling, and associated equipment, that is necessary to provide mobile service to a discrete geographic area, but does not include the underlying support structure. Mobile Service Provider: A person who provides mobile service. Mobile Service Support Structure: A freestanding structure that is designed to support a mobile service facility. Search Ring: A shape drawn on a map to indicate the general area within which a mobile service support structure should be located to meet radio frequency engineering requirements, taking into account other factors including topography and the demographics of the service area. Substantial Modification: The modification of a mobile service support structure, including the mounting of an antenna on such a structure, that does any of the following: 1. For structures with an overall height of 200 feet or less, increases the overall height of the structure by more than 20 feet. 2. For structures with an overall height of more than 200 feet, increases the overall height of the structure by 10 percent or more. 3. Measured at the level of the 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. 4. Increases the square footage of an existing equipment compound to a total area of more than 2,500 square feet. Support Structure: An existing or new structure that supports or can support a mobile service facility, including a mobile service support structure, utility pole, water tower, building, or other structure.