tower revised for the proposed center of radiation antenna heights of 189, 177,
160 and 148 feet for the Applicant and future collocators.
10. No lease or deed restriction on property that is proposed for the location of a
mobile service support structure or mobile service facility shall preclude, either
directly or indirectly, the owner or lessee from entering into agreements, leases,
or subleases with other providers or prohibit collocation of other providers.
11. The holder of Conditional Use Permit No. 2553 shall, through ownership,
lease, option or other means, at all times have the right to use the land
associated with the permitted tower for uses related to the use of the collocation
sites required hereunder.
12. Upon written inquiry by the committee, the holder of a Conditional Use Permit
issued under this section shall have the burden of presenting to the committee
credible evidence establishing to a reasonable certainty the continued
compliance with all applicable standards and conditions placed upon the
conditional use permit. Failure to establish compliance with the standards and
conditions shall be grounds for revocation of the permit. In the event the
committee determines that it is necessary to consult with a third party to
ascertain compliance with the standards and conditions, all reasonable costs and
expenses, except travel expenses, associated with such consultation shall be
borne by the holder of said conditional use permit. Failure to pay such costs and
expenses or provide information requested by the committee shall be grounds
for revocation of the conditional use permit. 13. If at any time the communication
tower permitted under Conditional Use Permit No. 2553 ceases to be used for the
primary use, as identified in condition #1 above, for a continuous period of 12
months the permit holder shall, upon notification by the committee, dismantle
and remove the tower. If the tower is not removed within 60 days of such
notification, Dane County may enter upon the premises and remove the tower at
the expense of the holder of the conditional use permit.
14. Prior to issuance of the requested conditional use permit, and as a condition
of its continued validity, applicant shall provide Dane County with a bond, or
evidence of an existing bond, in the amount of $20,000 ensuring performance of
applicant's obligation to remove any communication tower, array or any other
equipment or structure placed or erected pursuant to the conditional use permit,
including payment for such removal by Dane County or its agent in accordance
with condition 17, above. Said bond shall expressly state that it will remain in full
force and effect for a period of at least six months after the surety provides Dane
County written notification of expiration or termination of the surety's obligation
under the bond. Applicant shall remove any communication tower, array or any
other equipment or structure placed or erected pursuant to the conditional use
permit no less than 60 days prior to the termination or expiration of the bond
required hereunder.
15. If not already completed, the applicant shall file a Notice of Proposed
Construction on Form 7460-1 to the FAA to assure that the tower will not impact
air traffic.
16. Contact with Wisconsin DOT Bureau of Aeronautics should be made prior to
construction, if it has not already been done, to determine whether notification to
that agency is required.
17. All tower components, appurtenances and transmission lines should be
securely bonded and grounded to prevent RF interference caused by stray
signals.
18. New and existing buildings proposed to house a conditional use must be
constructed and maintained to meet the current requirements of the applicable
sections of the Wisconsin Commercial Building Code or Uniform Dwelling Code.
A Wisconsin-licensed Structural Engineer shall approve and stamp the tower
design.
19. The applicant shall apply for, receive and maintain all other legally required
and applicable local, county, state and federal permits. Copies of approved
