HomeMy WebLinkAbout026-1046-50-200
Land Use
1 , V V 1. Tl Planning & Land Information
T CR O I-X Resource Management
Community Development Department
December 27, 2017
SMJ International
Attn: Audra Kohler
49030 Pontiac Trail Suite 100
Wixom, MI 48393
RE: NEW Wireless Communication Tower-Land Use Permit
Uniti Towers LLC, File# LUP-2017-065
Parcel number: 026-1046-50-200
Site Address: 1298 County Road G, New Richmond, WI 54017
Dear Ms. Kohler,
Community Development staff have reviewed the Land Use Permit application for a NEW mobile
support structure and facilities located on leased property pursuant to Section 17.50 Mobile Tower
Siting
The request has been conditionally approved based on the application submission and the
following findings:
1. The application is complete and has all the required submittal information in 17.50 D.l.c.
2. The existing tower meets the setback requirements in 17.50 E. 1
3. An aeronautical approval report is not required since the tower is less than 200 feet in
height.
4. A bond for removal of the tower in the amount of $20,000 has been submitted pursuant to
17.50 EA.a.
5. The ground area is fenced and screened pursuant to 17.50 E. 4. b. and c.
6. The landowner acknowledgement letter has been submitted pursuant to 17.50 EA.f.
Based on these findings, approval of the Land Use Permit is subject to the following conditions:
1. The tower shall be constructed according to the engineered plans received December 21,
2017.
2. Biennial report shall be submitted pursuant to 17.50 E.8.
3. Construction on this tower must commence within one year of the permit date and must be
substantially completed in two years. Applicants can request extensions of one or both
deadlines, for periods up to six months, from the Zoning Administrator. The total time for
extensions shall not exceed one year.
Phone 715.386.4680 Government Center, 1101 Carmichael Road, Hudson, W154016 Fax 715.386.4686
www.sccwi.us/cdd www.facebook.com/Stcroixcountywi cddC@co.saint-croix.wi.us
. • Land Use
Planning & Land Information
C 1
J T. C R O h!1 ~51I UR :i V TY Resource Management
Community Development Department
The proposed project will be located on an existing-permitted commercial property, which
includes a comprehensive stormwater management system. Based on the proposed location of the
lease area, this project will alter the existing drainage system.
Based on the engineered plans provided; the applicant and their agent will be responsible for
ensuring the overall function of the drainage swale and stormwater pond is maintained per the
grading plans; with the following conditions:
1. Installation of erosion and sediment control measures to control sediment runoff during
construction; this should include the installation of silt fencing around the proposed project
site and installation of sediment logs at the culvert inlet.
2. All erosion control measures shall be left in place and maintained until restoration on site
has been established.
3. All areas disturbed by construction shall be graded smooth and have a minimum of 4" of
topsoil applied. If adequate topsoil is not available on site, the contractor shall provide
topsoil. Those areas shall then be seeded, mulched, watered and maintained until hardy
grass growth of at least 70% is established.
4. Off-site sediment deposition resulting from the failure of an erosion or sediment control
practices shall be cleaned up within 24-hours. Off-site sediment depositions resulting from
construction activity, shall be cleaned up as soon as possible. If the stormwater, erosion or
sediment control practices fail and impact the comprehensive water drainage system,
procedures shall be implemented immediately to repair or replace those practices.
5. St. Croix County reserves the right to add additional erosion control measures including
erosion mat, sediment lots, rip-rap, etc., if warranted.
6. Notify our office when the project is complete.
This approval is subject to the conditions listed above; it does not allow for any additional
construction, structures, grading, paving, filling or clearing of vegetation beyond the limits of this
request. Your information will remain on file at the St. Croix County Community Development
Department suite. It is your responsibility to ensure compliance with any other local, state, or
federal permitting or regulations, including contacting the Town of Richmond to see if any
additional permits are needed.
Sincerely,
A ex Blackburn
Land Use and Conservation Specialist
Donna Preece, Richmond Town Clerk, 1753 Margaret Street, New Richmond, WI 54017
Dustin Wolvert, 769 230th Street, Baldwin WI 54002
File
Phone 715.386.4680 Government Center, 1101 Carmichael Road, Hudson, WI 54016 Fax 715.386.4686
www.sccwi.us/cdd www.focebook.com/stcroixcountywi cdd co.soint-croix.wi.us
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~A USE PERMIT File#:~_'~~'►~-
ST. C R O (X Cn U NT Office Use Only
...............-=~.,~c, T I ON Revised May 2016
APPL I CA OP/nu
Uniti Towers LLC Contractor/Agent: SMJ International/Audra Kohler
U Property Owner:
Mailing Address: Mailing Address: 49030 Pontiac Trail Suite 100
Wixom, MI 48393
Daytime Phone: Daytime Phone: ( 810)542 0572
( )
Cell: ( ) Cell: ( )
E-mail: akohler@smj-Ilc.com
E-mail:
I I
TION
Site Address: 1298 County Rd G
(~MUr
Property Location: 1/4, 1/4, Sec. T. N., R. W., Town of
Computer 026___-__10_46 50 __-200 Parcel (93oA _ C)
_
LAND USE
Zoning District (check one): ❑ AG. ❑ AG. II ❑ RURAL RES. ❑ RESIDENTIAL O COMMERCIAL ❑ INDUSTRIAL
Overlay District (Check all that apply): ❑ SHORELAND ❑ RIVERWAY ❑ FLOODPLAIN ❑ ADULT ENTERTAINMENT
Type of Land Use Permit Request (Check one): Please refer to the current fee schedule on our website.
❑ Lower St. Croix Riverway District O Wireless Communication Tower (Co-location)
❑ Shoreland ❑ Temporary Occupancy
❑ Signage ❑ Nonmetallic Mining Operation
❑ Floodplain ❑ Animal Waste Storage Facility
❑ Grading & Filling, 12-24.9% Slopes ❑ Livestock Facility
❑ Other:
❑ Permit processed in conjunction with a Land Division, Special Exception or Variance
State the nature of your request: New Wireless Communication Tower
Zoning Ordinance Reference 17.50
SIGNATURE
I attest that the information contained in this application is true and correct to the best of my knowledge.
Date Please see Lease Provided
Property Owner Signature:
Contractor/Agent Signature:Audra Kohler 2017.12.11 15:49:51 -05'00' Date December 12, 2017
Complete Application Accepted: l,2 N d 17 By: Q(4(' bu r
Fee Received: ) 2 2 $ C. 0C' R f #:1 16-)''
_LJ
715-381-4400 Fax
715-386-4680 St. Croix County Government Center
cddLr sprint-croix,wi.us 1101 Carmichael Road, Hudson, WI 5401E 8V96722WNCA9P www._sccw'-Ys cdd
APPLICATION:
Applications will not be accepted until the applicant has:
• Met with the Zoning Administrator to review the application;
• Submitted Original plus 2 copies of the entire packet including all supporting information, maps & diagrams;
• Resolved any land use violations and paid any outstanding fees owed to the Community Development Department;
• Signed the application form (the signatures of the property owners and agents acting on their behalf are required); and
• Submitted the appropriate application fee (nonrefundable) payable to: St. Croix County.
REVIEW:
The Zoning Administrator will review the application for completeness and assign a file number to the application. The Zoning
Administrator may require additional information and will notify the applicant of this within 10 days. Upon receiving a complete
application and supporting documents, the Zoning Administrator will:
• send copies of the applications to the appropriate reviewing agencies for comment. Applicants are encouraged to contact
their town to discuss their application and inquire about necessary building permits and approvals at the town level;
• schedule a site visit to the applicant's property, at which time the applicant shall flag all applicable property/project corners
and label the flags accordingly; and
• review the file and prepare findings for approval or denial of the permit within 60 days. Upon approval, the permit will be
mailed to the applicant or to the applicant's agent.
If approved, the land use permit will be valid for one year from the date of the permit issuance. The applicant may also be required
to apply through the Town for a local building permit. All site plans, pictures, and other materials submitted with the application
become the property of the Community Development Department and will remain in the file.
❑ Completed and signed application form with fee.
❑ Original plus 2 copies needed of the entire packet including ALL supporting information, maps & diagrams.
❑ A general written statement that specifically explains the request.
❑ A statement indicating whether or not a private water or sanitary system is to be installed.
❑ Recorded Warranty Deed (may be obtained at the Register of Deed's office).
❑ A complete site plan showing:
• project location in the town;
• lot/parcel dimensions with total lot area, property lines, and all applicable setbacks;
• location of existing access roads, right-of-way, road setbacks, and recorded easements;
• location of all existing and proposed structures with their square footage and distance from setbacks;
• location of existing and proposed POWTS, wells, driveways, parking areas, access, signs, and other features;
• location of slopes 12% and greater (minimum contours to be determined by the Zoning Administrator);
• all bluff lines and slope preservation zones (Riverway) and setbacks from bluff lines;
• location of the OHWM of any abutting navigable waterways and all setbacks from the OHWM;
• location and landward limit of all wetlands, specifications and dimensions for areas of proposed wetland alteration;
• existing and proposed topographic and drainage features and vegetative cover;
• location of floodplain and floodway limits on the property; and
• any other unique limiting conditions of the property or information deemed necessary by the Zoning Administrator.
For projects that involve land disturbance requests, the following additional information may be required:
❑ Detailed drawings (scale should not be greater than 1 inch to 200 feet).
❑ Grading plan showing grading limits and pre and post contours.
❑ Project schedule and contractor list.
❑ Erosion control plan (Best Management Practices).
❑ Storm water management plan stamped by an engineer and including all runoff calculations.
❑ Vegetation plan including schedule, seeding rates, and species size, type and location.
❑ Other documents:
NOTE: All maps, plans, and engineering data shall be no larger than 11x17. No covers, binders, or
envelopes. Staple or paperclip your application in the upper left-hand corner.
w:\cdd\zonshare\administrative\application forms\zoning applications\land use permit application.docx Page 2
Uniti Towers
RECEIVE
DEC 11 1D 1
Jennifer Lytle ST.CROIX000NTY
Uniti Towers, LLLC ~OMMUNITYDEVELOPMENT
10801 Executive Center Drive, Shannon Bldg, Suite 100
Little Rock, AR 72211
July 21, 2017
St. Croix County Government Center
Attn: Land Use Department/Alex Blackburn
1101 Carmichael Road
Hudson, WI 54016
Dear Mr. Blackburn:
Uniti Towers is working with SMJ Contracting to on the building permit for cell phone tower site at
1298 County Road G, New Richmond, WI 54017. Please find enclosed the Performance Bond
requested to obtain the permit.
Sincerely,
Jenifer Lytl
Oniti Towers, LLLC
Enclosure: (1) Performance Bond
cc: Audra Kohler - SMJ Contracting
10801 Executive Center Drive, Shannon Building, Suite 100
Little Rock, AR 72211
Phone: (501) 850-0820 Fax: 501-537-0769
Lit p- _ c S RECEIVED
_l~C ~ 1 2
,S% CROIX COUNTY
~p"s)MMIJINI T Y t)EVELOPMENT
Performance Bond
Bond No. K0937033A
KNOW ALL MEN BY THESE PRESENTS: That we, Uniti Towers, LLC- 10801 Executive Center Drive,
Shannon Building Suite 100, Little Rock, AR 72211, as Principal, and Westchester Fire Insurance
Company, 436 Walnut Street, Philadelphia, Pa.19106, as Surety, a corporation duly organized under the
laws of the Commonwealth of Pennsylvania are held and firmly bound unto St. Croix County - 11101
Carmichael Road, Hudson, WI 54016 as Obligee, in the sum of Twenty Thousand and 00/100 Dollars
($20,000.00) for the payment of which we bind ourselves, our heirs, executors, administrators,
successors and assigns, jointly and severally, by these presents.
WHEREAS, the Obligee has issued the Principal a Land Use Permit for the construction of a
telecommunications tower and related facilities at the 1298 County Road G and it is a condition of said
permit that Principal is obligated to remove the telecommunications tower and related facilities from
the property at 1298 County Road G, Tax Parcel 026-1046-50-200 upon discontinuance of service.
WHEREAS, the Obligee has agreed to accept this bond as security for performance of Principal's
obligations under said permit during the time period this bond remains in effect.
NOW, THEREFORE, THE CONTINION OF THIS OBLIGATION IS SUCH that if the Principal shall perform its
obligations under said permit as stipulated above, then this obligation shall be void, otherwise to remain
in full force and effect, unless otherwise cancelled as hereinafter provided.
PROVIDED HOWEVER, that this bond is executed subject to the following express provisions and
conditions:
1. In the event of default by the Principal, Obligee shall deliver to Surety a written statement of
the details of such default within 30 days after the Obligee shall learn of the same, such notice
to be delivered by certified mail to address of said Surety as stated herein.
2. This bond may be terminated or cancelled by surety by giving not less than sixty (60) days
written notice to the Obligee, stating therein the effective date of such termination or
cancellation. Such notice shall not limit or terminate any obligations resulting from default by
the Principal that may have accrued under this bond as a result of default by Principal prior to
the effective date of termination.
3. Neither cancellation nor termination of this bond by Surety, nor inability of Principal to file a
replacement bond or replacement security for its obligations, shall constitute a loss to the
Obligee recoverable under this bond.
4. No claim, action, suit or proceeding shall be instituted against this bond unless same be brought
or instituted and process served within one year after termination or cancellation of this bond.
5. No right of action shall accrue on this bond for the use of any person, corporation or entity
other than the Obligee named herein or the heirs, executors, administrators or successors of the
Obligee.
6. The aggregate liability of the surety is limited to the penal sum stated herein regardless of the
number of years this bond remains in force or the amount or number of claims brought against
this bond.
7. If any conflict or inconsistency exists between the Surety's obligations as described in this bond
and as may be described in any underlying agreement, permit, document or contract to which
this bond is related, then the terms of this bond shall prevail in all respects.
8. This bond shall not bind the Surety unless the bond is accepted by the Obligee, If the Obligee
objects to any language contained herein, within 30 days of the date this bond is signed and
sealed by the Surety, Obligee shall return this bond, certified mail or express courier, to the
Surety at it address at:
Chubb Surety
436 Walnut Street, WA08P
Philadelphia, Pa. 19106
Attn: Jordan Ezekiel
Failure to return the bond as described above shall constitute Obligee's acceptance of the terms
and conditions herein.
IN WITNESS WHEREOF, the above bounded Principal and Surety have hereunto signed and sealed this
bond effective this 5`' day of December, 2017.
UNITTTOWER, LLC WESTCHESTER FIRE INSURANCE COMPANY
By: By:
Daniel P'.-Dungan
f n ! ( / Attorney in Fact
'Ct PI C. tl t~,-~" w1.y V ta+.t-r~ '~..4.: ~L J;.
r •
Power of WESTCHESTER FIRE INSURANCE COMPANY
Attorney
Know all men by these presents: That WESTCHESTER FIRE INSURANCE COMPANY, a corporation of the Commonwealth of Pennsylvania pursuant to the
following Resolution, adopted by the Board of Directors of the said Company on December 11, 2006, to wit:
"RESOLVED, that the following authorizations relate to the execution, for and on behalf of the Company, of bonds, undertakings, recognizances, contracts and other written commitments
of the Company
entered into the ordinary course of business (each a "Written Commitment")
.
(1) Each of the Chairman, the President and the Vice Presidents of the Company is hereby authorized to execute any Written Commitment for and on behalf of the Company, under the
seal of the Company or
otherwise.
(2) Each duly appointed attomey-in-fact of the Company is hereby authorized to execute any Written Commitment for and on behalf of the Company, under the seal of the Company or
otherwise, to the extent that
such action is authorized by the grant of powers provided for in such persons written appointment as such attorney-in-fact
(3) Each of the Chairman, the President and the Vice Presidents of the Company is hereby authorized, for and on behalf of the Company, to appoint in writing any person the atomey-in-fact
of the Company with
full power and authority to execute, for and on behalf of the Company, under the seal of the Company or otherwise, such Written Commitments of the Company as may be specified
in such written
appointment, which specification may be by general type or class of Written Commitments or by specification of one or more particular Written Commitments.
(4) Each of the Chairman, the President and Vice Presidents of the Company in hereby authorized, for and on behalf of the Company, to delegate in writing any other officer of
the Company the authority to
execute, for and on behalf of the Company, under the Company's seal or otherwise, such Written Commitments of the Company as are speci red in such written delegation, which specification
may be by
general type or class of Written Commitments or by specification of one or more particular Written Commitments
(5) The signature of any officer or other person executing any Written Commitment or appointment or delegation pursuant to this Resolution, and the seal of the Company, may be
affixed by facsimile on such
Written Commitment or written appointment or delegation.
FURTHER RESOLVED, that the foregoing Resolution shall not be deemed to be an exclusive statement of the powers and authority of officers, employees and other persons to act for
and on behalf' of the
Company, and such Resolution shall not limit or otherwise affect the exercise of any such power or authority otherwise validly granted or vested.
Does hereby nominate, constitute and appoint Brian C Block, Daniel P Dunigan, James L Hahn, Joseph W Kolok, Jr., Richard J Decker, William F Simkiss, all of the
City of PAOLI, Pennsylvania, each individually if there be more than one named, its true and lawful attorney-in-fact, to make, execute, seal and deliver on its behalf,
and as its act and deed any and all bonds, undertakings, recognizances, contracts and other writings in the nature thereof in penalties not exceeding Twenty Five million
dollars & zero cents ($25,000,000.00) and the execution of such writings in pursuance of these presents shall be as binding upon said Company, as fully and amply as if
they had been duly executed and acknowledged by the regularly elected officers of the Company at its principal office,
IN WITNESS WHEREOF, the said Stephen M. Haney, Vice-President, has hereunto subscribed his name and affixed the Corporate seal of the said WESTCHESTER
FIRE INSURANCE COMPANY this 8 day of September 2016.
WESTCHESTER FIRE INSURANCE COMPANY
Skrphen M Ilativy. Vfae Prczuirrii
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF PHILADELPHIA ss.
On this 8 day of September, AD. 2016 before me, a Notary Public of the Commonwealth of Pennsylvania in and for the County of Philadelphia came
Stephen M. Haney Vice-President of the WESTCHESTER FIRE INSURANCE COMPANY to me personally known to be the individual and officer who executed
the preceding instrument, and he acknowledged that he executed the same, and that the seal affixed to the preceding instrument is the corporate seal of said Company,
that the said corporate seal and his signature were duly affixed by the authority and direction of the said corporation, and that Resolution, adopted by the Board of
Directors of said Company, referred to in the preceding instrument, is now in force.
IN TESTIMONY WHEREOF, 1 have hereunto set my hand and affixed my official seal at the City of Philadelphia the day and year first above written.
VANDSEAL
-
NOTARK
'
-
- ° tea r a,~ 1s KAREN E. BRANDT, Not" Pubic
4., PtiTilr
1, the undersigned Assistant Secretary of the WESTCHESTER FIRE INSURANCE COMPANY, do hereby certify that the original POWER OF ATTORNEY, of
which the foregoing is a substantially true and correct copy, is in full force and effect.
In witness whereof, I have hereunto subscribed my name as Assistant Secretary, and affixed the corporate seal of the Corporation, this "day of
.'mss
will-am L. Kcl'ry, A %iytmsl tzmtary THIS POWER OF ATTORNEY MAY NOT BE USED TO EXECUTE ANY BOND WITH AN INCEPTION DATE AFTER September 08, 2018.
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