80 - Telecommunication Facilities & Antennas - Madison

Ordinance #80

Telecommunication Facilities and Antennas - City of Madison

The Common Council of the City of Madison do ordain as follows:

Subsection (23) entitled "Telecommunication Facilities and Antennas" of Section 28.04 entitled "General Provisions" of the Madison General Ordinances is amended to read as follows:

(23) Telecommunication Facilities and Antennas

(a) The purpose and intent of this ordinance is to strike a balance between the federal interest concerning the construction, modification and siting of telecommunication towers and antennas for use in providing personal wireless services, and the interest of the City of Madison (hereinafter the "City") in regulating local zoning. The regulations contained herein are designed to protect and promote the public health, safety and welfare of the community and the aesthetic quality of the City. The goals of this ordinance are to protect residential areas and land uses from the potential adverse impacts of towers and antennas; minimize the total number of towers throughout the community; encourage the joint use of new and existing tower sites as a primary siting option rather than construction of additional single-use towers; minimize the visual impact of towers and antennas; and avoid potential damage to adjacent properties from tower failure through engineering and careful siting of tower structures. It is also the intent of this section to provide a public forum to insure a balance between public concerns and private interests in establishing commercial telecommunication and related facilities.

(b) Definitions.

1. "Antenna" means any exterior transmitting or receiving device mounted on a tower, building, or structure and used in communications that radiate or capture electromagnetic waves, digital signals, analog signals, radio frequencies (excluding radar signals), wireless telecommunications signals or other communication signals.

2. "Co-location" means the provision of multiple antennas of more than one commercial wireless communication service provider or government entity on a single tower or structure.

3. "Commercial Use" means a use that involves the exchange of cash, goods or services, barter, forgiveness of indebtedness, or any other remuneration in exchange for goods, services, lodging, meals, entertainment in any form, or the right to occupy space over any period of time.

4. "Equipment building, shelter or cabinet" means a cabinet or building used to house equipment used by telecommunication providers to house equipment at a facility.

5. "Lattice Tower" means a self-supporting structure, erected on the ground, which consists of metal crossed. strips or bars to support antennas and related equipment.

6. "Monopole" means a monopolar structure, erected on the ground to support wireless communication antennas and connecting appurtenances.

7. "Personal Wireless Services" means commercial mobile services, unlicensed wireless services and common carrier wireless exchange services as now defined in 47 U.S.C. 332 sec. (7)(C), as the same may be amended from time to time.

8. "Telecommunication Facilities" means any plant or equipment used to carry wireless commercial telecommunications services by radio signal or other electromagnetic waves, including towers, antennas, equipment buildings, parking area and other accessory development.

9. "Telecommunications Tower" means a mast pole, monopole, guyed tower, lattice tower, free-standing tower, or other structure designed and primarily used to support antennas. A ground or building mounted mast greater than fifteen feet tall and six inches in diameter supporting one or more antennas, dishes, or arrays shall be considered a telecommunications tower.

(c) Registration of Telecommunications Carriers and Providers.

1. Registration and Application Requirements. All personal wireless service carriers and providers that offer or provide any telecommunications services for a fee directly to the public, either within the City or outside the corporate limits from telecommunications facilities within the City, and all Telecommunications tower owners, shall register and provide to the City, pursuant to this ordinance, on forms to be provided by the Inspection Unit Director and shall provide with each conditional use application the following information:

a. The identity and legal status of the registrant, including any affiliates.

b. The name, address and telephone number of the officer, agent or employee responsible for the accuracy of the registration statement.

c. A narrative and map description of registrant's existing telecommunications facilities within the City, adjacent cities, villages and townships.

d. Such other information as the Inspection Unit Director may reasonably require.

2. Purpose of Registration. The purpose of registration under this ordinance is to:

a. Provide the City with accurate and current information concerning personal wireless services carriers and providers and telecommunications tower owners, who offer or provide services within the City, or that own or operate telecommunication facilities within the City;

b. Assist the City in enforcement of this Section;

c. Assist the City in monitoring compliance with local, state and federal laws.

3. Enforcement. It shall be unlawful for any personal wireless services carrier or provider who offers or provides services within the City, or any telecommunications tower owner who owns or operates telecommunications facilities within the City, to fail to register and provide the information required in subdivision (01. above within thirty (30) days of such a request by the City.

4. Conditional Use Application Requirements. In addition to the requirements contained in subdivision (c)1, above, the conditional use application shall address the following:

a. The requirements contained in subdivisions (e) (f), (g), (h) and (i) below, including a narrative and map description of the applicant's system-wide plan describing existing and applied for facilities to serve the community;

b. A visual analysis, which may include photo montage, field mockup, or other techniques shall be prepared by or on behalf of the applicant which identities the potential visual impacts and the design capacity of the proposed facility to the satisfaction of the Plan Commission. Consideration shall be given to views from public areas as well as from private residences. The analysis shall assess the impacts of the proposed facility and other existing telecommunication facilities in the area, and shall identify and include all feasible mitigation measures consistent with the technological requirements of the proposed personal wireless services. All costs for the visual analysis, and applicable administrative costs, shall be borne by the applicant. As part of the Plan Commissions continuing jurisdiction over conditional uses, each registrant shall inform the City, within sixty days, of any change in tile information set forth in subdivision (c)l.

5. Minor Alterations. Antennas affixed to an existing telecommunications tower or structure, together with the related support facilities and equipment buildings, or the replacement of a previously approved telecommunications tower and related antennas, support facilities and equipment buildings, may be authorized by issuance of a permit as a minor alteration to an existing conditional use or an existing permitted use when approved by the Director of Planning and Development, which are compatible with the concept approved by the City Plan Commission and/or the standards in sec. 28.12(10)(g), of these ordinances. If said minor alteration is not approved, the applicant shall apply to the Plan Commission for said approval in accordance with the conditional use standards contained herein.

6. Inventory and Tracking System. The zoning administrator shall compile a list of existing telecommunications facilities within the City's jurisdiction based upon information provided by personal wireless services providers and telecommunications tower owners. The Zoning Administrator shall maintain and update said list on a regular basis. The list shall also include the location of public facilities that may be available for co-location.

(d) Abandonment. If a telecommunication facility shall cease to be used for a period exceeding one year and a day, the owner or operator of said facility shall remove the facility upon the written request of the City Inspection Unit Director at no cost to the City within 90 days of said request.

(e) Structural Requirements. Every telecommunication facility shall be designed and constructed so as to comply with the requirements of Secs. COMM 62.35 to 62.41, Wisconsin Administrative Code, amended from time to time. If, upon inspection, the Inspection Unit Director concludes that a tower fails to comply with such codes, in effect at the time of construction, and constitutes a danger to persons or property, then upon notice being provided to the owner of the tower, the owner shall have 30 days or such time as determined by the Inspection Unit Director to bring such tower into compliance with said codes. Failure to bring such tower into compliance within said 30 days or such time as determined by the Inspection Unit Director shall constitute grounds for the removal of the tower or antenna at owner's expense.

(f) Basic Tower and Building Design. All new telecommunication facilities, except exempt facilities as defined in subdivision (i) below, shall be designed to blend into the surrounding environment to the greatest extent feasible. To this end all the following measures shall be implemented.

1. Telecommunications towers shall be constructed out of metal or other nonflammable material, unless specifically permitted by the City to be otherwise.

2. Telecommunication support facilities (i.e., equipment rooms, utilities, and equipment enclosures) shall be constructed out of nonreflective materials (visible exterior surfaces only) to all extent possible and, where possible, shall be sited below the ridge line or designed to minimize their impact.

3. Telecommunication equipment buildings, shelters and cabinets shall be treated to look like a building or facility typically found in the area.

4. The City shall have the authority to require reasonable special design (materials, architectural features and color) of the telecommunication facilities where findings of particular sensitivity are made (e.g. proximity to historic or aesthetically significant structures, views and/or community features).

5. Telecommunication facilities shall insure that sufficient anti-climbing measures have been incorporated into the facility, as needed, to reduce potential for trespass and injury.

6. Equipment buildings shall be located, designed and screened to reduce visual impacts to the extent feasible considering the technological requirements of the proposed personal wireless services and the need to be compatible with neighboring residences and the character of the community.

7. Antennas shall be designed to blend with its supporting structure. The color selected shall be one that in the opinion of the Plan Commission will minimize the visibility of the antennas to the greatest extent feasible.

(g) Location. All new telecommunication facilities shall be located so as to minimize their visibility and the number of tower sites. To this end, a good faith effort in achieving co-location shall be required of the requestor and host entity, subject to existing co-location contracts; and all of the following measures shall be implemented for telecommunication facilities in addition to meeting the conditional use standards in sec. 2 8.12(l 0) of these ordinances:

1. No telecommunications tower shall be installed closer than one-quarter mile from another telecommunications tower, measured from the base of the telecommunications tower to the base of the proposed tower, unless it is a tower situated on a multi-tower zoning lot, or credible evidence to a reasonable degree of certainty acceptable to the Plan Commission is submitted showing a clear need for said new tower and the infeasibleness of co-locating it on an existing site. For the purposes of this requirement, exempt telecommunications facilities unavailable for co- location shall not be included in the one-quarter mile computation;

2. No telecommunications tower shall be installed on a zoning lot that is not already developed with a telecommunications tower unless the applicant demonstrates that no tower in the area that the applicants equipment must be located is of sufficient height to meet applicant's requirements and the deficiency in height cannot be remedied at a reasonable cost; or the existing tower is not of sufficient strength to support applicant's equipment and the deficiency in structural strength cannot be remedied at a reasonable cost; or the applicant's equipment would cause electromagnetic interference with equipment on the existing telecommunications tower(s) within the area in which the applicant's equipment must be located, or the equipment on the existing telecommunications tower(s) would cause interference with the applicant's equipment and the interference, from whatever source, cannot be eliminated at a reasonable cost; or the fees, costs or contractual provisions required by the owner in order to co-locate on an existing communication tower are unreasonable relative to industry norms; or the applicant demonstrates that there are other factors that render existing communication towers unsuitable or unavailable and establishes that the public interest is best served by the placement or construction of a new telecommunications tower.

3. No telecommunication tower shall be located on a lot in a residence district, unless said lot is greater than two (2) acres in area and the principal use is other than residential.

4. Telecommunications towers, guy wires, appurtenant equipment and buildings shall comply with the yard and set back requirements of the zoning district in which they are located and, in addition thereto, all telecommunications towers shall be set back at least one hundred feet (100') from any property devoted to residential use or two hundred feet (200') from any residential building, which ever is less..

(h) Co-located and Multiple-User Facilities.

1. Unless applicant is submitting an application to locate or co-locate upon an existing tower or structure, an analysis shall be prepared by or on behalf of the applicant; subject to the approval of the Plan Commission, which identifies all reasonable, technically feasible alternative locations and/or facilities which would be useable for the proposed personal wireless services. The intention of the alternatives analysis is to present alternative strategies which would minimize the number, size and adverse environmental impacts, including aesthetics, of facilities necessary to provide the needed services to the City and surrounding rural and urban areas. The analysis shall address the potential for co-location at an existing or a new site and the potential to locate facilities as close as possible to the intended service area. It shall also explain the rationale for selection of the proposed site in view of the relative merits of any of the feasible alternatives. Approval of the project is subject to the Plan Commission making a finding that the proposed site results in fewer or less severe environmental impacts, including aesthetics, than any feasible alternative site. The City may require independent verification by a qualified engineer of this analysis at the applicant's expense. Facilities which are not proposed to be co-located with another telecommunication facility shall provide a written explanation why the subject facility is not a candidate for co-location.

2. All new telecommunications towers shall be structurally and electrically designed to accommodate at least three (3) separate antenna arrays, unless credible evidence is presented that said construction is economically and technologically unfeasible or the Plan Commission determines that for reasons of aesthetics or to comply with the standards of sec. 28.12(l 0), a telecommunications tower of such height to accommodate three antenna arrays is unwarranted. Multi-user telecommunications towers shall be designed to allow for future rearrangement of antennas and to accept antennas mounted at varying heights. Parking areas, access roads, and utility easements shall be shared by site users, at fair market rates as determined by customary industry standards, when in the determination of the Plan Commission this will minimize overall visual impact to the community.

(i) Exempt Facilities.

1. Amateur radio towers installed, erected, maintained and/or operated in any residential zoning district, by a federally-licensed amateur radio operator, complying with the provisions contained in Chapter 17 of these ordinances, so long as all the following conditions are met:

a. The antenna use involved is accessory to the primary use of the property which is not a telecommunication facility;

b. In a residential zone, no more than one support structure for licensed amateur radio operator is allowed on the parcel;

c. Sufficient anti-climbing measures have been incorporated into the facility, as needed, to reduce potential for trespass and injury.

2. Publicly owned and operated telecommunications facilities required in the public interest to provide for and maintain a radio frequency telecommunication system, including digital, analog, wireless or electromagnetic waves, for police, fire and other municipal services.

(i) Penalties. Any person who violates any provision of this ordinance or fails to comply with any of its requirements shall upon conviction thereof forfeit not less than ten dollars ($ 10) nor more than two hundred dollars ($200) for each violation, and in addition shall pay all costs and expenses involved in the case. Each day such violation continues shall be considered a separate offense."

EDITOR'S NOTE: This ordinance is exempt from the sponsorship provisions of Section 2.05(5), Madison General Ordinances, under No. 9 therein. This ordinance is being presented to the Common Council for the purpose of correcting the format of adopted Substitute Ordinance 12,158. No change in the substance of Substitute Ordinance 12,158 is proposed. The change that is being requested by the adoption of this ordinance will merely change the primary paragraphs from numbers to letters and alternate thereafter, as well as changing the concomitant internal references.