15.710 Standards for Wireless Telecommunication Facilities.

(1) Purpose. The general purpose of this section is to regulate the placement, construction and modification of towers, antennas and related communication and wireless telecommunication facilities and appurtenant structures and facilities (hereinafter referred to, whether one or more, as “telecommunication facilities”) in order to promote the health, safety, and general welfare of the residents of the City of Manitowoc (hereinafter referred to as “the City”) and the general public, while at the same time not unreasonably interfering with the development of the competitive wireless telecommunications marketplace in the City.

Specifically, the purposes of this section are:

(a) To protect property values and aesthetic conditions within the City, and provide effective regulation and restriction of telecommunication facilities by establishing minimum standards through careful design, siting, landscaping and innovative camouflaging techniques;

(b) To minimize the overall number of telecommunication facilities by encouraging the shared use or collocation of new and existing tower sites, rather than construction of additional single-use towers;

(c) To encourage the location of new telecommunication facilities in industrially zoned areas, and on properties owned by the City or Manitowoc Public Utilities (hereinafter referred to as “MPU”) regardless of their zoning, and to ensure that these facilities are compatible with surrounding land uses;

(d) To promote and encourage utilization of technological designs that will either eliminate or reduce the number of tower structures needed to serve the community;

(e) To develop a consistent policy statement regarding the placement of telecommunication facilities in the City; and

(f) To enhance the ability to provide telecommunication services that promote universal accessibility to all City residents and businesses.

(2) Definitions. For purposes of this section, the following terms shall have the meanings indicated:

Abandoned means a telecommunication facility that has not been in operation for a continuous period of 12 months, except where nonoperation is the result of maintenance or renovation activity pursuant to valid City permits. Where two or more antennas are collocated on a single tower, a tower shall not be deemed abandoned until every antenna on a tower has not been operated for a continuous period of 12 months.

Alternative tower structure means any manmade structure such as, but not limited to, a building, steeple, clock tower, billboard, light pole, water tower and similar mounting structures which are used to camouflage or conceal the presence of telecommunication facilities.

Antenna means any system of wires, poles, rods, reflecting discs, or similar devices used for the transmission or reception of electromagnetic waves, digital and analog signals, radio frequencies (excluding radar signals), wireless telecommunication signals, or other communication signals when such system is either external to or attached to the exterior of a structure.

Antenna – building mounted means any antenna, other than an antenna with its supports resting on the ground, directly attached or affixed to a building or alternative tower structure, but not a telecommunication tower.

Application or tower application means, for building, erecting or increasing the height of an existing or proposed tower or alternative tower structure, a written request filed by a tower owner which includes all written documentation, technical studies and representations, as defined in subsection (5)(gg) of this section.

City means the City of Manitowoc, Wisconsin.

Collocation means the location and simultaneous operation of multiple antennas by one or more commercial wireless telecommunication service providers on a single tower or alternative tower structure.

Emergency means a situation which poses an immediate threat of substantial harm or damage to person or property, including interference conditions, and the continued operation of a tower owner’s telecommunication installation.

FAA means Federal Aviation Administration.

FCC means Federal Communications Commission.

Guyed tower means a tower anchored with guy wires.

Height, when referring to a tower, antenna or other structure, means the vertical distance measured from the tower, antenna or structure’s point of contact with the ground or rooftop to the highest point of the tower, antenna or structure, including all other attachments.

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.

Monopole means a wireless communication facility which consists of a tapered, monopolar structure, erected on the ground to support wireless telecommunication antennas and related equipment.

Pre-existing tower and antenna means any tower or antenna for which a building permit has been previously issued by the City prior to the effective date of this section.

Public utility means persons, corporations or governments supplying gas, electric, water, sewer, or landline telephone service to the general public. For the purpose of this section, commercial telecommunication facilities shall not be considered a public utility or essential services, and are defined separately.

Telecommunication facilities means any cables, wires, lines, wave guides, towers, antennas, equipment cabinets and shelters, and any other equipment, plus any and all building facilities associated with the transmission or reception of communications which a person seeks to locate, or has installed upon or near a tower or antenna support structure pursuant to the Federal Telecommunications Act of 1996 (Public Law 104-104, 110 Stat. 56, 1996), as may be amended from time to time.

Tower or telecommunication tower means any ground- or roof-mounted pole, spire, structure or combination thereof taller than 15 feet, or which has attached to it supporting antennas, support lines, cables, wires, braces and masts, designed and constructed for the purpose of mounting and supporting one or more antennas, meteorological devices, or similar apparatus above grade, used in providing wireless communications.

Tower owner means any property owner, individual or other legal entity that applies for a building permit, or a conditional use permit, on its own behalf, or as a representative of a lessee, licensee, assignee or optionee, desiring to build or erect a new tower; increase the height of an existing or proposed tower; or erect an antenna, dish or similar device onto an existing tower or alternative tower structure in the City; and will provide wireless communication services in the City.

Tower site means any parcel of land surrounding a tower and including, without limitation, any tower, structural tower base, radio transmitting and receiving antenna, communication equipment, cabinets, shelters and related facilities, fencing, access roads for ingress and egress, landscaping, other related structures, supporting equipment and personal property, used in connection with the tower, and collectively known, whether above or below grade, as the telecommunication facilities.

Wireless communications means any personal wireless services as defined in the Federal Telecommunications Act of 1996, as may be amended from time to time, including FCC licensed wireless telecommunication services that are interconnected with the public telephone network and are offered commercially to the public. Examples include cellular and similar services (such as personal communications service or PCS), paging and similar services, certain dispatch services, and services that use wireless technology to provide telephone services to a fixed location such as a home or office.

(3) Development of Towers.

(a) This section shall apply to all telecommunication facilities in the City, except:

1. Antennas designed to receive direct broadcast satellite service, including direct-to-home satellite services, that are one meter or less in diameter;

2. Antennas designed to receive video programming services via multipoint distribution services, including multichannel multipoint distribution services, instructional television fixed services, and local multipoint distribution services, and that are one meter or less in diameter or diagonal measurement;

3. Antennas that are designed to receive television broadcast signals; and

4. Amateur radio service facilities under subsection (3)(f) of this section.

(b) Permitted Tower Structures. A property owner or tower owner shall only be permitted to build, erect, or increase the height of a tower upon a parcel of land in the City’s “I-1” and “I-2” Zoning Districts, or upon property owned by the City or MPU regardless of the zoning district, pursuant to the requirements under subsections (4) and (5)(cc) of this section.

(c) Permitted Antenna Structures. The following telecommunication facilities shall be a permitted use in any zoning district subject to the following requirements:

1. Locating an antenna on any land, building, existing tower, approved but unbuilt tower, or alternative tower structure which is owned by the City or MPU is permitted only after the following events have occurred:

A. Tower owner provides the Director of Building Inspection with an executed lease or license agreement between the tower owner and the City or MPU; and

B. The Director of Building Inspection has issued a building permit after the tower owner has obtained a conditional use permit under subsection (4) of this section, if required, and has paid all applicable fees, including fees under subsection (5)(cc) of this section.

2. Locating an antenna on any non-City-owned or non-MPU-owned tower or alternative tower structure, including, but not limited to, church steeples, bell towers and smokestacks, hospitals and school buildings and facilities, and existing radio towers designed for collocation, is permitted only after the following events have occurred:

A. Tower owner provides the Director of Building Inspection with an executed lease or license agreement between a tower owner and the owner of property upon which a tower or alternative tower structure is located;

B. Tower owner provides the Director of Building Inspection with a report prepared by a qualified and licensed professional engineer indicating the tower or alternative tower structure’s structural capacity (hereinafter defined to mean tower loading, antenna loading, ice and wind loading capacity) to accept the antenna, the proposed method of affixing the antenna to the tower or alternative tower structure, the precise location of the attachment, and complete details of all fixtures and couplings;

C. Tower owner provides the Director of Building Inspection with documentation that the antenna and support structure will not increase the height of a tower, or will not increase the height of an alternative tower structure, by more than 15 feet; and

D. The Director of Building Inspection has issued a building permit after the property owner or tower owner has obtained a conditional use permit under subsection (4) of this section, if required, and paid all applicable fees including fees under subsection (5)(cc) of this section.

3. Telecommunication facilities that will increase the height of a tower, or increase the height of an alternative tower structure, by more than 15 feet, shall be required to submit a tower application under subsection (5)(gg) of this section, and shall require the issuance of a conditional use permit.

4. Telecommunication facilities under subsection (3)(a) of this section shall be allowed in the rear yard of all parcels in the City, except instances where a rear yard fronts on a public or private street shall require approval of the location by the City Plan Commission prior to construction.

(d) Availability of Suitable Existing Towers or Alternative Tower Structures. No new tower shall be permitted if there is an existing tower, or an approved but unbuilt tower, or an alternative tower structure within the tower owner’s service area that has available, usable space for collocation. The tower owner shall be required to demonstrate to the City that no alternative technology exists to accommodate the location of the tower owner’s telecommunication facilities on an existing tower, or an approved but unbuilt tower, or alternative tower structure. Documentation submitted to the City to demonstrate that no tower or alternative tower structure is available for collocation may consist of any of the following:

1. No tower or alternative tower structure is located within the geographic area required to meet the tower owner’s service area requirements;

2. No tower or alternative tower structure has sufficient structural strength to support the tower owner’s proposed antenna and related equipment;

3. The tower owner’s proposed antenna would cause interference with an antenna on a tower or alternative tower structure, or an antenna on a tower or alternative tower structure would cause interference with the tower owner’s proposed antenna, and no technological method exists to overcome such interference; and

4. Any restriction or limitation by the FAA, FCC or other Federal, State or local regulatory agency that would preclude the collocation of the telecommunication tower.

(e) Height Exemption. Towers and antenna are exempt from the maximum height restriction of the underlying zoning district in which they are located, unless otherwise restricted by Federal or State law, or as noted under this section.

(f) Amateur Radio Service Facilities. The use or location of amateur radio service facilities licensed in accordance with Part 97 of FCC rules, and in accordance with Order PBR-1, adopted by the FCC on September 16, 1985, and as these rules and orders may be amended from time to time, shall be exempt from the requirements under this section, except to the extent outlined herein. Amateur radio service facilities are herein defined as towers and antennas for the exclusive use by private, Federally licensed, residential citizen band radio towers, amateur radio towers, and television or receive-only antennas as licensed by the FCC. These facilities shall:

1. Be permitted under subsection (3)(c)(4) of this section, or attached to an existing structure located on any parcel of land in the City, regardless of the zoning district;

2. Be limited to one tower structure upon a single parcel of property; and

3. Be no more than a maximum permitted height above ground level of 70 feet.

Any deviation from these requirements shall only be permitted upon consideration and issuance of a conditional use permit under MMC 15.370(27) by the Common Council, and subject to a determination by the Director of Building Inspection that the proposed facilities are technically necessary to receive and broadcast amateur radio signals, and to successfully engage in amateur radio communications; and do not pose any threat to the public health, safety and welfare of surrounding properties. The Director of Building Inspection reserves the right to require the owner of the amateur radio service facilities to provide additional studies, reports or professional certifications at owner’s expense, to document that the proposed facilities do not pose any threat to the public health, safety and welfare of surrounding properties.

Prior to the issuance of a permit for building or erecting any amateur radio service facilities on any parcel of land in the City, the owner of amateur radio service facilities shall first obtain an electrical permit from the Director of Building Inspection, and shall first make payment to the Director for the appropriate electrical permit fee. Upon satisfaction of these conditions, the Director of Building Inspection shall issue the appropriate permit to authorize the building or erecting of amateur radio service facilities. The location or affixing of any telecommunication facilities under this section to any amateur radio service facilities is expressly prohibited.

(4) Conditional Use Permit.

(a) A conditional use permit in accordance with MMC 15.370(27) shall be required for the following activities:

1. Constructing, erecting or increasing the height of an existing or proposed tower; or

2. Increasing the height of an alternative tower structure by more than 15 feet; or

3. Increasing the area of a tower site.

The City shall not be required to take any action regarding a conditional use permit until after submittal of a tower application under subsection (5)(gg) of this section. The tower owner will not be authorized to proceed with the installation of any telecommunication facilities until after a conditional use permit has been issued by the Common Council in accordance with MMC 15.370(27).

(b) In addition to criteria contained in MMC 15.370(27), the Plan Commission and Common Council shall consider the following factors in determining whether or not to issue a conditional use permit:

1. For new tower applications, a written recommendation from the Manitowoc County Airport Advisory Committee regarding the effect of the height of the proposed tower on the safety of aircraft within three miles of the Manitowoc County Airport landing approaches. The Airport Advisory Committee shall have 30 calendar days from the date of a notice provided by the City Clerk under subsection (5)(a) of this section to file a written recommendation with the City Plan Commission. In the event no recommendation is filed within the 30-day period, the City shall interpret that the Airport Advisory Committee does not oppose the proposed tower;

2. Compliance with the City’s airport height and use limitation zoning ordinance under MMC 15.470;

3. Proximity of the tower to any adjacent property lines and zoning district boundary lines;

4. Nature of land uses on adjacent and nearby properties;

5. Surrounding topography, tree coverage and foliage;

6. Design of the tower, with particular reference to tower safety as certified by a professional engineer licensed to design such towers, and associated characteristics including, but not limited to, lighting and collocation;

7. Proposed ingress and egress to the tower site;

8. Availability of suitable existing towers and alternative tower structures for collocation purposes; and

9. Any other factors which may have a major impact on the tower site or surrounding properties.

The Common Council may waive or reduce the burden on the tower owner of one or more requirements of the conditional use permit, if the Common Council concludes that the intent of this section is better served thereby.

The Common Council reserves the right to amend, modify or revoke a previously approved conditional use permit, in order to advance a legitimate governmental interest related to the health, safety, and general welfare of the City.

(5) General Provisions.

(a) Authorization. All telecommunication facilities shall meet or exceed, and, at all times, remain in full compliance with applicable Federal, State and local regulations and standards. Upon the City’s receipt of a tower application under subsection (5)(gg) of this section, the City Clerk shall notify the Manitowoc County Clerk, the Manitowoc County Airport Advisory Committee, and Manitowoc Public Utilities of receipt of the application, and provide a copy of said application to each party. The City shall be provided a copy of all executed leases, licenses or agreements between a tower owner and property owner, for occupancy on all tower sites and alternative tower structures.

(b) Collocation. A tower owner is required to provide documentation that the tower owner has exhausted all possible avenues to collocate their facilities on an existing tower, or an approved but unbuilt tower, or an alternative tower structure. A tower owner cannot be denied space on an existing tower, or an approved but unbuilt tower, or an alternative tower structure unless financial, mechanical, structural or regulatory factors prevent collocation. A tower owner shall be required to demonstrate how a proposed tower location will minimize negative impacts upon adjacent properties.

In addition to the original tower owner’s telecommunication facilities, each proposed tower shall be designed and constructed so as to meet the following minimum collocation requirements:

1. The collocation of six or more future tower owners and their respective telecommunication facilities if the tower is 200 feet or more in height; or

2. The collocation of at least four future tower owners and their respective telecommunication facilities if the tower is less than 200 feet in height.

All towers shall be designed and constructed to accommodate collocation, and shall be designed to allow for the rearrangement of antennas upon a tower, and the placement of antennas upon a tower at varying heights. All tower sites shall be site planned to accommodate the collocation of future tower owners, and shall identify the location of future support buildings and equipment. The tower owner shall provide written assurances to the satisfaction of the City that the tower design can meet or exceed collocation requirements defined in this section, and shall not make access to the tower and tower site economically or financially unfeasible by charging a future tower owner more than the reasonable market rate for the proposed use.

If the Common Council determines that a tower owner has made access to a tower or tower site unfeasible for a future tower user, then the tower owner shall be subject to penalties under MMC 15.630. The Director of Building Inspection shall be responsible for all enforcement activities under this section.

The tower owner shall be required to send a letter, via first class mail, to all telecommunication service providers with facilities located in the search radius defined in this section, declaring the tower owner’s collocation and siting needs. A copy of the tower owner’s letters and any responses to the above-referenced letters shall be provided to the City as part of the tower application under subsection (5)(gg)(9) of this section.

An application for a conditional use permit under subsection (4) of this section shall not be approved by the Common Council, unless the City Plan Commission and Common Council find that the telecommunications equipment planned for a proposed tower cannot be accommodated on an existing tower, or an approved but unbuilt tower, or alternative tower structure within a one-mile search radius for all towers (search radius to be measured from the center of the base of the proposed tower at the tower site), due to one or more of the following reasons:

1. Planned equipment would exceed the structural capacity of an existing tower, or an approved but unbuilt tower, or alternative tower structure, as documented by a qualified and licensed professional engineer, and an existing tower cannot be reinforced, modified, or replaced to accommodate the planned equipment or equivalent at a reasonable cost;

2. Planned equipment would cause interference materially impacting the usability of other existing or planned equipment at a tower as documented by a qualified and licensed professional engineer, and the interference cannot be prevented at a reasonable cost; or

3. Any other unforeseen reasons that make it infeasible to locate the planned equipment upon an existing tower, or an approved but unbuilt tower.

Except in cases where financial, mechanical, structural or regulatory factors prevent the collocation of facilities, a tower owner cannot be denied space on a tower.

(c) Building-Mounted Facilities. All building-mounted telecommunication facilities, including those covered under subsection (5)(f) of this section, shall be located and designed to appear as an integral part of a building’s structure. Exterior wall-mounted antennas shall be architecturally integrated into the facade of a building utilizing any means acceptable to the City Planning Department, including painting. Exterior wall-mounted antennas shall be located as close to, but not more than three feet from, the outer edge of the exterior wall of a building, and the facilities and supporting equipment shall not increase the height of a building by more than 15 feet.

(d) Roof-Mounted Facilities. Roof-mounted telecommunication facilities shall be positioned at the greatest distance from the edge of a building, subject to the Director of Building Inspection’s determination that the proposed location will not jeopardize the load bearing capacity of a roof in terms of weight and wind load. The facilities are to be located so as to be effectively unnoticeable, and cannot extend more than 15 feet above the highest point of a rooftop.

(e) Building Permits. It shall be unlawful for any tower owner to build, erect or increase the height of an existing tower, or an approved but unbuilt tower, or an alternative tower structure, without the issuance of a building permit and compliance with the requirements under subsections (3) and (5)(cc) of this section. A building permit is not required for:

1. Replacing or strengthening bracing, anchor and support members, reinforcing vertical members, or any adjustment or replacement of elements of an antenna or antenna array affixed to a tower or alternative tower structure; provided, that these activities do not reduce the safety factor; or

2. A tower or antenna erected temporarily for 14 consecutive calendar days or less, and used for test purposes, for emergency communication, or for broadcasting remote pick-up operations; provided, that all requirements of this section are met.

At the time a tower application is filed with the City to build, erect or increase the height of an existing or proposed tower, the tower owner shall provide the information required in subsection (5)(gg) of this section.

A tower owner shall be required to submit four copies of a final as-built site plan for a tower site in accordance with MMC 15.370(2)(e) within 60 calendar days of commencing operation at a tower site.

(f) Historic/Architecturally Significant Structures. Telecommunication facilities, including those exempted under subsection (3)(a) of this section, shall not be located on any property, building or alternative tower structure identified as a contributing historic property, building or structure in the City’s Manitowoc Intensive Resources Survey Final Report dated June 1988, and as may be amended from time to time, unless a certificate of appropriateness is first granted by the City Plan Commission under MMC 15.650. Building-mounted facilities under subsection (5)(c) of this section which are mounted on either architecturally significant or contributing structures or significant architectural details shall be covered, concealed or camouflaged by appropriate design treatments which shall match existing architectural features found on the alternative tower structure.

(g) Interference with Public Safety and Telecommunication. No existing or proposed telecommunication facilities shall produce interfering signals which interfere with signals from any pre-existing public utility or public safety operation, the Manitowoc County Airport, or other City or private telecommunications operations. Before the introduction of a new service or changes in existing telecommunication services, a tower owner shall notify the Director of Building Inspection at least 30 calendar days in advance of such changes, and allow the Director of Building Inspection to monitor interference levels. The cost for retuning transmitters and resolving such interference shall be borne by the new installation owner. With the exception of testing approved by the Director of Building Inspection under subsection (5)(n) of this section, all operation shall cease at a tower causing interference until a suitable resolution is found and implemented. The new installation owner or interfering party shall be responsible for all costs associated with any equipment rental or purchases, or tests deemed necessary by the Director of Building Inspection to resolve any and all interference problems. If such interference has not been corrected within 10 calendar days of the date the Director of Building Inspection notifies the new installation owner or interfering party of an interference problem, the Director of Building Inspection may require the new installation owner or interfering party to remove the specific items from the telecommunication facilities causing such interference.

(h) Design/Structural Integrity. All telecommunication facilities shall be designed and situated to be visually unobtrusive and to minimize the impacts of noise, radio frequency, electrical emission, glare, heat, air contaminants and vibration upon surrounding land uses. All tower owners are required to comply with the FCC’s limits for human exposure to radio frequency electromagnetic fields.

The City reserves the right to require tower owners to design telecommunication facilities to blend into the surrounding environment through the use of color, camouflage and architectural treatments, except in instances where the design (or specific design details such as lighting) of a telecommunication tower is dictated by Federal, State or local regulations and standards. Unless otherwise required by a Federal or State agency regulating the location of antennas and towers, or when requested by the City, towers shall be designed to match, as closely as possible, the color and texture of the wall, building or surrounding built or natural environment.

Towers shall be constructed out of metal or other nonflammable material, and shall be treated with corrosive resistant material. Wood poles shall be impregnated with rot resistant substances.

With the exception of necessary electric and telephone services, no part of any telecommunication facilities, including any lines, cable, equipment, wires or braces, shall at any time extend across, upon, under or over any part of any public right-of-way without the express written permission of the City Engineer.

All new towers must be certified by a qualified and licensed professional engineer to be:

1. Designed in conformance with the latest structural and wind loading standards for the Electronics Industry Association or the Telecommunication Industry Association;

2. Designed in all respects to accommodate both a tower owner’s antenna and comparable antennas for collocation;

3. Designed to allow for future rearrangement of antennas upon a tower, and to accept antennas mounted at varying heights;

4. Designed to conform to all FCC and FAA requirements; and

5. Designed so that all signal and remote control conductors of low energy shall be at least eight feet above ground at all points, unless buried underground.

(i) Outdoor Storage. At all tower sites, the storage of any machinery, equipment, materials or other mechanical devices outside of an enclosed building is prohibited.

(j) Accessory Structures. Tower support buildings for storage, equipment enclosures and the like shall be:

1. Treated as accessory uses or structures;

2. Required to be brick, decorative masonry or split face block exterior;

3. Designed to be architecturally compatible and consistent with surrounding buildings and structures, and shall meet the minimum setback requirements of the underlying zoning district; and

4. Not more than 15 feet in height.

(k) Setbacks. All towers shall meet the following requirements:

1. All towers shall be set back a distance, at minimum, equal to 125 percent of the height of the tower from any property line or zoning line;

2. Accessory and support structures, including guy anchors, shall comply with the underlying zoning district setback requirements;

3. Tower structures shall be set back a distance, at minimum, equal to 125 percent of the height of the tower from any public right-of-way;

4. For guyed towers, the tower owner shall submit certified break-apart calculations, or an explanation of the expected mode of collapse, from a qualified engineer in order for the property boundary or zoning setbacks to be determined; and

5. If the tower owner engineer provides and certifies break-apart calculations or the expected mode of collapse, the setback requirement may be modified, at the City’s sole discretion, in line with the calculations.

(l) Separation. Irrespective of City jurisdictional boundaries, a tower’s separation distance from any property line or zoning line, and other existing towers, or approved but unbuilt towers shall be measured from the center of the tower base to the closest point of the property line or zoning line. The separation distance between towers shall be measured by drawing a straight line between the center of the tower base of an existing tower, or an approved but unbuilt tower, and the center of the tower base of the proposed new tower, pursuant to a site plan for the proposed tower.

Proposed towers must meet the following minimum separation requirements from an existing tower(s), or an approved but unbuilt tower:

1. Monopole tower structures shall be separated from all other towers, whether monopole, self-supporting or guyed, by a minimum of 750 feet;

2. Self-supporting lattice or guyed tower structures shall be separated from all other self-supporting or guyed towers by a minimum of 1,500 feet; and

3. Self-supporting lattice or guyed tower structures shall be separated from all monopole structures by a minimum of 750 feet.

(m) Noise and Traffic. Equipment at a tower site shall be automated to the greatest extent possible to reduce noise, traffic and congestion. All telecommunication facilities shall be constructed and operated in such a manner as to minimize the amount of disruption to nearby residents and businesses. Outdoor noise produced during tower- or antenna-related construction or maintenance activities shall only take place on Monday through Saturday, nonholidays, between 7:00 a.m. and 10:00 p.m. unless allowed at other times by the Director of Building Inspection, or unless an emergency situation exists. Interference conditions under subsection (5)(g) of this section shall always constitute an emergency situation. Backup generators shall only be operated during power outages and for testing and maintenance purposes.

(n) Testing and Maintenance. Testing and maintenance shall only take place on Monday through Saturday, nonholidays, between 7:30 a.m. and 10:00 p.m., unless an emergency situation exists, under which testing and maintenance shall be permitted at all days and times. Testing to eliminate interference problems shall first require the approval of the Director of Building Inspection, and shall be in accordance with subsection (5)(g) of this section. A maintenance log shall be maintained at the tower site at all times.

(o) Inspection Report (Three-Year Intervals). An inspection report shall be prepared by a qualified engineer, independent of the tower owner, and at the tower owner’s sole expense, at least every three years from the date (hereinafter referred in this subsection as “the date”) a certificate of occupancy is issued by the Director of Building Inspection. The inspection report shall be submitted to the Director of Building Inspection within three years plus 90 calendar days of the date for review and approval to ensure the continuing structural and electrical integrity of the tower and accessory structures.

If the inspection report recommends that repairs and maintenance are required, then the tower owner shall be notified by the Director of Building Inspection within 30 calendar days after receipt of said report. The tower owner shall submit to the Director of Building Inspection written evidence to verify that such repairs and maintenance have been completed. The tower owner shall have 90 calendar days from the date of the Director of Building Inspection’s notice to complete the required improvements.

The Director of Building Inspection may require a tower owner to repair or remove a tower, antenna and other tower site improvements, both above and below grade, and restore the tower site to its original preconstruction condition, except for ordinary wear and tear, based on the findings of the inspection report. The City shall have no financial responsibility or liability regarding the required inspection report, or any required repair, testing or maintenance. All repair, testing or maintenance activities at telecommunication facilities shall be performed by licensed and insured maintenance and construction personnel.

The tower owner is responsible to provide all inspection reports in a timely manner to the Director of Building Inspection. Failure of the City to provide any notice in advance of any required reporting deadline shall not void or invalidate the tower owner’s reporting responsibilities outlined in this section.

(p) Security Fencing. Every tower affixed to the ground shall be protected to discourage public access into the tower site, including the climbing of a tower by unauthorized persons. Fencing materials may consist of metal, wood, masonry, stucco or other materials acceptable to the Director of Building Inspection. A security fence, six feet in height above finished grade, shall be constructed around a tower site, including all related support and guy anchors. Access shall only be through a locked gate. The tower owner shall be responsible to maintain the fencing in good condition.

(q) Warning Signs. All tower sites shall include warning signs designed to discourage public access into a tower site. All warning signs shall use at least six-inch lettering, and be installed five feet above finished grade of the fence. “No Trespassing” warning signs shall be attached to the security fence and shall be spaced no more than 40 feet apart. If high voltage (above 220 volts) is necessary for the operation of a tower and is present at the base of a tower, signs located no more than 40 feet apart and attached to the security fence shall indicate “Danger – High Voltage.” In the event warning signs, intended to be attached to a security fence, would be obstructed from public view, the tower owner shall attach warning signs to freestanding poles (installed by the tower owner if none are present and at the tower owner’s expense) that are situated around a tower site, so as to be clearly visible and not obstructed from public view.

(r) Other Signs and Advertising. A tower site shall clearly identify the tower owner’s name and, if not the same as the property owner, the name of the telecommunication service provider or tower user, and respective address, telephone number, and other relevant information necessary to facilitate an emergency response. Address signs shall be installed in conformance with City Fire Department requirements, at the entrance to a tower site at the nearest public right-of-way. The use of any portion of a tower site for signs (other than warning or equipment information signs) and advertising is expressly prohibited.

(s) Parking. For all tower sites, a minimum of one on-site parking space shall be provided. Existing parking shall be used whenever possible. New parking areas and access roads shall be paved if required by the City, or if the access road is previously paved, and shall not exceed 350 square feet in area. Any new roads or parking areas built shall, whenever feasible, be designed and constructed to be shared with future collocation users.

(t) Pre-existing Towers and Antennas. Towers and antennas existing prior to the effective date of this section, and for which a building permit has been previously issued by the City, shall be deemed a legal conforming use and structure, and not be subject to this section except as provided herein. Towers that are increased by height or capacity in accordance with the provisions of this section shall not be deemed to constitute the expansion of a nonconforming use or structure.

Until such time that a tower owner has obtained a building permit from the Director of Building Inspection and paid all applicable fees, including fees under subsection (5)(cc) of this section for a pre-existing tower or antenna, a tower site shall be deemed a legal nonconforming use and structure under MMC 15.410, and subject to the requirements therein.

A legal and conforming, pre-existing tower or antenna which is damaged by fire, storm, or other casualty or which requires replacement may be repaired, reconstructed, or replaced; provided, that the repaired, reconstructed or replaced tower or antenna complies with its original permit or site plan, and the repaired, reconstructed or replaced tower or antenna does not exceed the height of the original tower or antenna. Any improvements to a legal and conforming, pre-existing tower or antenna that are inconsistent with the original approved building permit, conditional use permit or site plan, or which increase the height of the original tower or antenna, shall require the issuance of a conditional use permit and compliance with all requirements of this section.

(u) Lighting. Tower sites shall not be artificially lighted except for the following:

1. A manually operated or motion detector controlled light above the storage or equipment building door which shall be kept off, except when personnel authorized by the tower owner are actually present at night; and

2. Minimum tower lighting as required by the FAA or any other Federal, State or local authority with the authority to regulate towers and antennas, as are in effect at the time the tower is placed in service.

When incorporated into the approved design of a tower, lighting used to illuminate ball fields, parking lots or similar tower sites owned by the City or MPU may be attached to a tower at the sole discretion of the City. When lighting is required, it shall be oriented inward so as not to project onto surrounding properties.

(v) Shared Tower Site. The placement of more than one telecommunication tower on a tower site may be permitted if all requirements under this section are met for each tower. Towers under this section include existing towers, and towers that are approved but unbuilt.

(w) Dedication of Tower for Usage by the City. For all towers requiring a conditional use permit, the City may require a tower owner, as a condition of conditional use permit approval, and at no expense to the City, to:

1. Deed or transfer title of a tower, antenna and all appurtenances to the City upon completion of construction and all required tower site plan requirements under MMC 15.370(2), free and clear of all liens and encumbrances excepting those acceptable to the City; or

2. Enter into an agreement with the City in which a tower owner agrees to reserve space on a tower and install telecommunication facilities on a tower for the express usage by the City as may be necessary for police, fire or other City services, or other recognized public purposes.

(x) Access. A tower site must include access from a designated public right-of-way to at least one paved vehicular parking space on the tower site. A separate driveway access permit must be obtained by the tower owner, and granted by the City Engineer. Issuance of a driveway access permit is not guaranteed under this section.

(y) Occupancy. All towers and accessory structures shall be unoccupied.

(z) Principal or Accessory Use. A telecommunication tower may be considered either a principal or accessory use. If a tower is a principal use, then it must be located on a tower site which meets the minimum lot size requirements of the underlying zoning district in which the tower is located, meets the setback requirements under subsection (5)(k) of this section, and which is large enough to accommodate a tower, accessory structures, landscaping, parking and other required improvements.

The presence of an existing structure on a tower site shall not preclude the installation of a tower on such tower site as an accessory use.

(aa) Fire Protection. Tower support buildings shall be designed and constructed with built-in ventilation. At least one smoke detector shall be installed in each support or accessory building, which, upon activation, will terminate the electrical power to the building. No combustible storage is permitted in tower support structures. At least a one-hour fire resistant interior surface shall be used in the construction of all buildings at a tower site. Monitored automatic fire extinguishing systems and rapid entry (Knox) systems shall be installed at the discretion of the City’s Fire Chief.

(bb) Inspection and Certification. All tower sites may be inspected at least once each year by the Director of Building Inspection to determine compliance with this section. Deviation from original construction standards or noncompliance with any requirements for which a City permit has been obtained shall constitute a violation under this section.

The Director of Building Inspection shall have authority to enter and inspect all improvements at a tower site, for the purpose of determining whether a tower site and improvements comply with all City regulations, and all other applicable Federal and State regulations and requirements. The City reserves the right to conduct such inspections at any time, upon reasonable notice to the tower owner.

Notice of any violations shall be sent by the Director of Building Inspection to the tower owner, who will have 60 calendar days from the date the notification is issued to make repairs. The tower owner will notify the Director of Building Inspection that the repairs have been made, and shall submit documentation, satisfactory to the City, that the repairs have been completed in accordance with all Federal, State and local regulations and requirements. The tower owner shall have not more than 60 calendar days from the date of said notice to complete the repairs.

(cc) Tower and Antenna License Fee. Exclusive of any fees or payments required under any lease, license or other agreement related to a tower, tower site or alternative tower structure, a tower owner is required to pay to the Director of Building Inspection a one-time installation/inspection and management fee, as established by resolution of the Common Council, representing payment for the City’s time and expense to approve a tower owner’s initial installation, as well as to periodically inspect a tower site to ensure that all installation standards at the tower site have been complied with by the tower owner. For towers, the fee is to be calculated by multiplying an established fee rate by the height of the tower. For a new antenna installed on a tower or alternative tower structure, the fee is to be calculated by multiplying an established fee rate by the number of antennas to be installed. Said fees shall be collected by the Director of Building Inspection, and shall be due and payable concurrent with the issuance of a building permit for a tower or antenna. Failure to make this payment shall be deemed a violation of this section.

(dd) Placement of Towers or Antennas on City- or MPU-Owned Land and Structures.

1. In addition to the requirements in subsection (3) of this section, telecommunication facilities located on land or an alternative tower structure owned by the City or MPU must comply with the following requirements:

A. Tower or antenna will not interfere with the purpose for which the City- or MPU-owned land or alternative tower structure is intended;

B. There is no adverse impact on surrounding properties or the Manitowoc County Airport;

C. Prior to issuance of a building permit, the tower owner will enter into a lease or license agreement with the City or MPU, which shall, at minimum, require the tower owner to:

i. Obtain worker’s compensation insurance (at statutory limits), comprehensive general liability and property damage insurance, and all risk property insurance insuring the telecommunication facilities for their full replacement costs;

ii. Provide equitable compensation to the City or MPU for the use of public property and other necessary provisions and safeguards;

iii. Upon reasonable notice, a tower, antenna and other tower site improvements both above and below grade may be required to be removed and the site restored to its original preconstruction condition, except for ordinary wear and tear, at the tower owner’s expense; and

iv. Tower owner must reimburse the City and MPU for any costs which the City and MPU incur because of the presence of a tower, antenna and all other tower site improvements both above and below grade.

D. The tower owner’s access to a tower site will not increase the risks of contamination to the City’s water supply (this determination shall be made by MPU);

E. There is sufficient room at a tower site to accommodate a tower owner’s facility;

F. The presence of the facility will not increase maintenance costs to the City or MPU; and

G. The presence of the facility will not be harmful to the health of workers maintaining the structure, or the health, safety or general welfare of the public.

2. Placement of telecommunication facilities in City-owned parks will only be considered after the approval of the Director of Parks and Recreation.

3. The Common Council may terminate any lease or license agreement with a tower owner, if it determines that any one of the following conditions exist:

A. A new tower owner with a higher priority for public health and safety cannot find another adequate location, and the telecommunication facilities of a new tower owner would be incompatible with the existing use;

B. A tower owner’s frequency broadcast unreasonably interferes with other users, regardless of whether or not this interference was adequately predicted in any technical analysis filed in accordance with subsection (5)(gg) of this section; or

C. A tower owner violates any Federal, State or local law regulating telecommunication facilities, or any of the standards outlined in this section, or any conditions attached to the City’s approved conditional use permit or site plan.

Before taking action to terminate an agreement, the City will provide notice to a tower owner, and MPU, if a tower site is located on MPU-owned property, of the intended termination and the reasons for it, and provide an opportunity for a tower owner to address the Common Council regarding the proposed action.

(ee) Insurance. At all tower sites, the tower owner shall provide the City with proof of insurance for required coverages under subsection (5)(dd)(1)(C)(i) of this section which protects against losses due to personal injury and property damage resulting from the construction, operation or collapse of telecommunication facilities. Such insurance coverages shall be continually maintained in effect during a tower owner’s occupancy at a tower site. A tower owner shall be responsible to instruct its insurance carrier to provide the Director of Building Inspection with certificates of all such insurance, including the delivery of timely notices regarding policy renewals, and changes in insurance carrier or coverage levels, while telecommunication facilities remain operational at a tower site.

(ff) Removal of Facilities upon Discontinuation, Abandonment or Termination. In the event that the use of a tower or antenna is discontinued, abandoned or terminated at a tower site or an alternative tower structure, or a conditional use permit revoked or terminated by the City under MMC 15.370(27)(f), or any termination or expiration not specifically referenced in this section, the tower owner shall provide written notice to the Director of Building Inspection of its intent to discontinue, abandon or terminate a tower or antenna. In addition, a tower owner shall provide the Director of Building Inspection with a copy of any notice required to be provided to the FCC or FAA detailing the intent to cease operations at a tower site, and the date when the use shall be discontinued, abandoned or terminated. A tower owner shall have 60 calendar days after discontinuation, abandonment or termination of operations at a tower site within which to dismantle and remove all telecommunication facilities from a tower site including all structures and site improvements, both above and below grade, and restore a tower site to its original preconstruction condition, except for ordinary wear and tear.

In the event a tower owner fails to remove the telecommunication facilities and restore a tower site within the 60-calendar-day period, the City may remove, or cause the removal of, a tower, antenna and related structures and site improvements, both above and below grade, and restore a tower site to its original preconstruction condition, except for ordinary wear and tear. After removal of the facilities and restoration of a tower site, the City may place an assessment against the property to recover all direct and indirect costs incurred in dismantling, disposal and restoration of a tower site, including court costs and reasonable attorney fees, or may use any other legal remedy available by law to recover its costs.

(gg) Tower Application. A written request by a tower owner for the issuance of a conditional use permit by the Common Council as required under subsection (4) of this section shall be prepared by a tower owner and submitted to the Common Council for referral to, and consideration by, the City Plan Commission. The City shall in no way be obligated to consider an application under this section until all information outlined hereunder has been provided to the sole satisfaction of the City. The tower application shall include, at minimum, the following information:

1. The legal name, mailing address, fax and telephone number of a tower owner and property owner (if not the same party as the tower owner). If the tower owner is not the property owner, the written request and signature of the property owner of record for a conditional use permit shall be included in the application.

2. A map or aerial photograph which identifies all tower owners and tower users, and usable antenna support structures within the required search radius under subsection (5)(b) of this section.

3. Submittal of a site plan for a proposed tower site in accordance with all requirements under MMC 15.370(2), and including:

A. Drawings which detail the tower and antenna type and number (i.e., guyed, lattice, monopole, roof or other), the installation of any required lighting system on the tower, as required by Federal, State or local regulation; and

B. Drawings which detail equipment plans, cabinetry, shelters, structural, electrical and grading elements at a tower site.

4. Submittal of a landscape plan in accordance with MMC 15.690(9) indicating all existing vegetation at a tower site, identifying landscaping that is to be retained at the site, and any additional vegetation that is needed to satisfactorily screen the tower site from adjacent land uses and public view areas. Landscaping shall be provided around the base of a tower, and shall consist of a minimum 25-foot-wide planting strip with ground cover or grass, including at least one row of evergreen trees with a minimum six-foot height above grade and two-inch caliper, located adjacent or proximate to a security fence under subsection (5)(p) of this section. The City Planning Department may reduce, eliminate or require landscaping in excess of these requirements in order to enhance compatibility with a tower site and adjacent land uses, and to limit the visual impact of the lower portion of a tower and adjoining accessory facilities on adjacent land uses.

5. Visual analysis, which may include a photo montage, a graphic rendering or bird’s eye perspective, or other techniques to identify potential visual impacts of the proposed facility.

6. A map of a tower owner’s existing and proposed telecommunications facilities within the City which defines the area of service or cell sites needed for coverage or capacity.

7. Description of the telecommunication services that the tower owner intends to offer in the City.

8. Intermodulation study, radio frequency (RF) engineering study, a noninterference letter from an RF engineer, or equivalent documentation, which provides a technical evaluation of existing and proposed transmissions from other antennas or from nearby radio transmitting facilities, and includes a list of frequencies in use and to be used at a tower site, and indicates all potential interference problems.

9. An affidavit attesting to the fact that a tower owner has made a diligent effort to contact telecommunication service providers to install or collocate a tower owner’s telecommunication facilities on existing towers or usable antenna support structures, located within the search radius under subsection (5)(b) of this section.

10. Aeronautical study and obstruction evaluation report(s), conducted in accordance with Federal Aviation Regulations (FAR) and FCC rules and regulations, including an FAA determination from a qualified and licensed professional engineer that the construction, height and placement of a tower will not interfere with operations at the Manitowoc County Airport (including compliance with the City’s airport height and use limitation zoning ordinance, MMC 15.470), public safety communications, and the usual and customary transmission or reception of radio, television, or other communications services enjoyed by adjacent residential and nonresidential properties.

11. A statement of anticipated tower site maintenance needs, including frequency of service, personnel needs, equipment needs, and traffic, noise or safety impacts of such maintenance.

12. A letter of intent committing a tower owner, and their successors and assigns, to allow the shared use of a tower if additional users agree in writing to meet reasonable terms and conditions for collocation.

13. A report from a qualified and licensed professional engineer which details a tower’s height and design including cross-sections and elevations; the height above grade for all potential mounting positions for collocated antennas and the minimum separation distance between antennas; proposed method of affixing the antennas to the structure; a tower’s capacity, including the number and type of antennas that it can accommodate; break apart or fall radius calculations; engineer’s stamp and registration number; and other information necessary to evaluate the request.

14. A report from a qualified and licensed professional and with the aforementioned structural and electrical standards.

The City may require a tower owner to supplement any information that it considers inadequate, or that a tower owner has failed to supply. The City may deny a tower application on the basis that the tower owner has not satisfactorily supplied the information required in this section. A tower application shall be reviewed by the City in a prompt manner, and all decisions by the Common Council shall be supported in writing setting forth approvals with any supplementary compliance requirements; and denials, with the reasons for denial. All costs associated with the preparation, duplication and delivery of technical reports and plans referenced in this section are the sole responsibility of the tower owner.

(hh) Severability. If any clause, subsection, term or provision or other part of this section shall be held invalid or unconstitutional under any Federal or State law or any court of competent jurisdiction, the remainder of this section shall not be affected thereby, and each remaining clause, subsection, term or provision shall remain in full force and effect, and valid and enforceable to the fullest extent permitted by law.

(ii) Conflicts. If any term, condition or requirement under this section conflicts with the provisions of any agreement, contract, lease, license or other document between a tower owner and a property owner, the terms, conditions and requirements under this section shall control unless determined otherwise by the City.

[Ord. 11-430 § 36, 2011; Ord. 08-490 § 28, 2008. Prior code § 15.71]