Zoning Code | Procedures - Telecommunication Facilities - New or Class 1 Collocaton

Description: New telecommunication towers and a certain collocations are subject to public review.

Application fee: Please refer to s. 500.336 of the zoning code for associated fees

Submittal deadline: The zoning administrator must determine the application is complete and ready for review at least 4 weeks before the Zoning Board of Appeals meeting, which is typically held the first Monday of the month.

Decision maker(s): Town Board

Review process:
  1. Submittal of application materials. The applicant shall submit a completed application to the zoning administrator along with the application fee as may be established by the Town Board.
  2. Determination of completeness. The zoning administrator shall review the application and determine whether the application is complete. If the application includes all of the required information, the application shall be found to be complete. The zoning administrator shall notify the applicant in writing within 10 days of receiving the application if it is found not to be complete, and such notice shall specify in detail the required information that was incomplete. Applicants are allowed to resubmit their application as often as necessary until it is complete.
  3. General notice. Consistent with division 2 of article 5, the zoning administrator shall provide for a class 2 public notice, property owner notice, and meeting agenda notice.
  4. Staff report preparation and distribution. The zoning administrator shall prepare a written staff report and provide a copy of it to each member of the Plan Commission, the applicant, and any other interested person upon request.
  5. Public hearing. Allowing for proper notice, the Plan Commission shall conduct a public hearing to review the application consistent with division 3 of article 5. Prior to the close of the public hearing, the applicant or the Plan Commission may request a continuance consistent with division 3 of article 5.
  6. Staff follow-up. If the plan commission does not render a decision immediately following the public hearing, the Plan Commission may direct the zoning administrator, to prepare a preliminary decision document.
  7. Recommendation. After considering all of the information submitted by the applicant, public comments received at the public hearing, and the staff report, the Plan Commission, no more than 40 calendar days after the public hearing, shall make a recommendation to the town board to (i) approve the application, (ii) approve the application with conditions, or (iii) deny the application.
  8. Transmittal of recommendation. If the Plan Commission action is favorable, the zoning administrator shall prepare a draft decision document effectuating its determination. If the Plan Commission action is not favorable, the Plan Commission shall report its determination to the town board including its reasons for denial.
  9. General notice. Consistent with division 2 of article 5, the zoning administrator shall place the matter on the meeting agenda of the town board.
  10. Town board meeting. Allowing for proper notice, the Town Board shall consider the application at a regular or special meeting.
  11. Decision. After considering all of the information submitted by the applicant, public comments received at the public hearing, the staff report, and the Plan Commission’s recommendation, the Town Board shall make a decision to (i) approve the application, (ii) approve the application with conditions, or (iii) deny the application. Final action shall be taken within 90 days of the date the application is deemed complete, unless the time is extended by the applicant.
  12. Preparation of final decision document. Based on the action of the Town Board, the zoning administrator shall prepare a final decision document.
  13. Applicant notification. Within a reasonable time following the Town Board’s decision, the zoning administrator shall mail the decision document to the applicant by regular mail.
  14. Acceptance by property owner. If the application is approved, the property owner shall sign the decision document to acknowledge the terms of the approval and return the same to the zoning administrator within 6 months of the decision. Prior to the expiration of the previously specified time period, the property owner may submit a petition to the town clerk requesting an extension and the town board may, with cause, extend the period within which the decision document must be signed. If the signed decision document is not returned within the initial or extended time period, if any, the decision shall become null and void without any further action by the town. The decision document shall only become effective when all required signatures have been obtained and the original signature copy is returned to the zoning administrator.
  15. Public record copy. A duplicate copy of the decision document shall be retained as a public record.
  16. Recording of decision document. If the property owner returns the decision document within the required time period with the required signatures, the zoning administrator shall record the decision document against the subject property in the office of the Waukesha County register of deeds.
In the event an applicant believes the town has exceeded its authority as set forth in 66.0404, Wis. Stats., and other such laws as may apply which may include 47 USCA s. 1455, the applicant shall notify the zoning administrator in writing and the reviewing authority reserves the right to reconsider the matter, to ensure that applicable laws are followed.