§ 150.02 TELECOMMUNICATION AND COMMUNICATION INFRASTRUCTURE TOWERS.
   (A)   The applicant shall demonstrate through substantial evidence that a bona fide need exists for the proposed tower and the applicant must have written evidence of commitment for at least 1 communication device prior to the issuance of a building permit. Any proposed tower shall provide a needed service or benefit to the residents of Chimney Rock Village that cannot otherwise be met.
   (B)   If there is an existing tower (built or permitted and not yet constructed) within the service area of the proposed tower location, the applicant must prove to the satisfaction of the Village Council that the proposed facilities cannot be accommodated on the existing tower.
   (C)   Public use of the facilities may be required for public safety and local communication by the village.
   (D)   A design plan of the tower certified by a registered engineer and a site plan certified by a registered surveyor must be submitted to the Zoning Administrator.
      (1)   The surveyor shall provide:
         (a)   The applicant(s) name and property owners name and addresses, tax parcel identification number, the latitude and longitude coordinates;
         (b)   The name and addresses and tax identification numbers of all owners of adjacent property;
         (c)   The proposed fall area; and
         (d)   The ground elevation of the tower base.
      (2)   The Engineer shall provide:
         (a)   The foundations for all proposed structures and all proposed improvements, including access roads and utility connections;
         (b)   The proposed tower design loads and an elevation showing proposed tower height, tower lighting, tower color and all proposed antennae;
         (c)   A map or description of the proposed service areas; and
         (d)   An analysis of the fall zone.
   (E)   Towers shall comply with all applicable federal, state and local regulations. A copy of the applicant’s FCC license shall accompany the application. Applicants shall provide documents indicating the power density levels the proposed facility will generate and will not exceed any federal standards for electromagnetic radiation or the American National Standard Institute Standards for Telecommunication Towers, whichever provides the stricter standards.
   (F)   Applicants shall provide assurance to the village that the applicant accepts sole responsibility for the tower, holding the village free from all liability and that the applicant has general liability coverage of at least $1,000,000. The liability insurance company and policy number must be furnished to the village and the village shall be added as an insured party to the above policy and shall contain a requirement that the insurance company notifies the village 30 days prior to cancellation, modification or failure to renew the insurance coverage required.
   (G)   All towers shall be of the freestanding monopole type without guy wires and shall have a property line setback of at least 3/4 of the height of the tower. No tower shall exceed 150 feet in height. The removal of trees or other vegetation for the purpose of improving reception is not permitted. No graphics or text shall be displayed on towers.
   (H)   The applicant shall provide a view shed analysis showing all areas from which the tower would be visible. No telecommunication tower site shall be located within 200 feet of an existing or a proposed residence. Generators may not be used as a primary electrical power source. Backup generators shall only be operated during power outages or for testing and maintenance purposes.
   (I)   A telecommunication tower not in use for 6 consecutive months shall be removed. This removal shall occur within 60 days of the end of the 6 month period. Upon removal, the site shall be restored to its previous appearance where appropriate. A bond shall be submitted as surety. The amount of the bond shall be equal to the funds sufficient for removal, as deemed appropriate by the Board.
   (J)   Following the Board's approval of the permit application, the Zoning Administrator shall issue a tower permit. The permit owner shall acknowledge and agree to all permit conditions approved by the Board. The application shall be void and of no effect unless construction commences within 6 months and is completed within 6 months from the date of the approval of the application. No permit under the state building code shall be issued until, or unless, any tower permit required by this subchapter is granted.
(2002 Code, § 91.01) (Ord. passed 9-17-2002; Am. Ord. passed 1-16-2016; Am. Ord. passed 5-17-2022)