1. The communication tower approved under CUP 2578 is intended to support
installation of mobile service facility(ies) as defined under sec. 66.0404,
Wisconsin Statutes, and shall be designed to support, without substantial
modification, at least four users (the primary user and three collocation sites).
Such collocation sites shall be made available at a minimum height of 150 feet
above ground level or higher. A Wisconsin-licensed Structural Engineer shall
approve and stamp the tower design, and certify that the tower can support at
least four users.
2. Visual screening and/or landscaping shall be installed around the fenced tower
compound to minimize the aesthetic impact of the tower and compound area.
The compound area shall be fenced with hedgelink style fencing and a minimum
of 3 trees shall be planted. The permit holder must present plans for the fencing
and tree plantings to the Zoning Administrator for review and approval prior to
installation. Any trees planted shall be maintained in viable growing conditions.
3. The proposed structure shall not be lighted nor shall it be painted a color
incompatible with the environment.
4. The tower owner shall make the collocation sites required hereunder available
for the placement of technologically compatible antenna arrays and equipment
upon contractual provisions which are standard in the industry and at prevailing
market rates allowing the permit holder to recoup the cost of providing the
collocation sites and a fair return on investment.
5. 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 the
owner or lessee from entering into agreements, leases, or subleases with other
providers or prohibit collocation of other providers.
6. 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.
7. Within 90 days of approval of the conditional use permit, or prior to issuance
of a zoning permit for construction of the approved communication tower,
whichever comes first, the tower owner shall provide Dane County with a bond,
or evidence of an existing bond, in the amount of $20,000 ensuring performance
of owner’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 the event the
permit is revoked or the use permitted thereunder ceases for a continuous period
of 12 months. 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.
8. If the mobile service facility(ies) to be provided from the communication tower
are not installed within 1 year of the date of conditional use permit approval, or if
the mobile service facility(ies) are later removed, or cease to be used for a
continuous period of 12 months, the county zoning committee may take action to
revoke the conditional use permit. In the event the permit is revoked, the tower
