DCPZP-2009-00229 - Laserfiche WebLink

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4. Collocation sites required hereunder shall, upon request, be made available by the holder of Conditional Use Permit No. 2098 for the mounting of technologically compatible antenna arrays and equipment at the prevailing market rate in the region and upon contractual provisions which are standard in the industry. 5. Subject to further conditions set forth herein as to total floor area and location, the holder of Conditional Use Permit No. 2098 is permitted to construct a building of no more than 14 feet in height (as defined in section 10.01 (8) of the Dane County Zoning Ordinance in effect in March 1997) and 314 square feet in floor area for use directly incidental and necessary to the use of the tower. Any other user collocating on the tower permitted herein is permitted to construct a building of no more than 14 feet in height (as defined in section 10.01 (8) of the Dane County Zoning Ordinance in effect in March 1997) and 314 square feet in floor area for use directly incidental and necessary to the use of the tower. Two or more users of the tower may build a single building with a floor area of no more than 314 square feet per user sharing the building. Buildings constructed or used by tower collocutors shall be subject to all conditions established for Conditional Use Permit No.2098, including location requirements contained in the site plan. 6. The holder of Conditional Use Permit No. 2098 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, including the construction and use of buildings as permitted under paragraph 6 herein. 7. The final site plan(s) and design drawings dated 10/28/2008 and submitted with the CUP #2098 application materials, are fully incorporated herein and continued effectiveness of Conditional Use Permit No. 2098 is expressly conditioned upon compliance with those plans. 8. Upon written inquiry by the committee, the holder of Conditional Use Permit No. 2098 shall have the burden of presenting to the committee credible evidence establishing to a reasonable certainty the continued compliance with all conditions placed upon the conditional use permit. Failure to establish compliance with all conditions placed upon the conditional use permit 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 conditions on Conditional Use Permit No. 2098, all reasonable costs and 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. 9. The holder of Conditional Use Permit No. 2098 shall within 30 days of any collocation on the permitted tower provide the committee with written notification of the identity of the collocutor and the nature of the equipment installed. Within 30 days of the date on which any collocated use ceases, the permit holder shall provide the committee with written notice of the cessation of such use. Any changes due to collocation or otherwise shall be reviewed by the Zoning Administrator prior to implementation to determine if permits are needed and to determine that such changes are in compliance with terms of the CUP and does not significantly alter the appearance or structural integrity of the tower approved and permitted under this CUP. 10. If at any time the communication tower permitted under Conditional Use Permit No. 2098 ceases to be used for the primary use, as identified in paragraph 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 30 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. 11. 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 G:\My Documents\CUP #2098.doc Page 2 of 4