(A) In the case of a new tower structure, evidence demonstrating that no existing tower or structure can accommodate the applicant's proposed antenna. Evidence shall consist of at least one of the following:
(1) Evidence that there are no existing towers or structures meeting the applicant's engineering requirements within the geographic area that the antenna is intended to serve;
(2) If there are towers or structures in the geographic area, evidence that the towers or structures do not have sufficient height or structural strength to meet the applicant's engineering requirements;
(3) Evidence that the applicant's proposed antenna would cause electromagnetic (EMF) interference with the antenna of existing towers or structures or vice versa;
(4) A financial analysis that the fees, costs or contractual provisions required by the owner of the property in order to co-locate, or to adapt an existing tower or structure to make it suitable for co-location, exceeds the cost of new tower development. The analysis shall include written lease/cost estimates from the owner of the tower or structure;
(5) Evidence as to the minimum height of tower needed by the applicant, taking into account the need for a higher tower for co-location purposes; and
(6) The applicant demonstrates that there are other factors that render existing towers unusable.
(B) In the case of a new tower development or the use of an existing structure as a telecommunications tower for the first time, a notarized letter of intent committing the owner and any lessee, on behalf of themselves and their successors in interest, that the tower structure shall be shared with additional users;
(C) In the case of a new tower structure, such structure shall be a monopole tower, except as provided in § 152.162(A)(5). If feasible, the tower shall be designed as a stealth facility. Any application for a telecommunications tower shall include certification by a qualified and licensed professional engineer that the design of the antenna support tower conforms to the latest structural standards and wind loading requirements of the Uniform Building Code and the Electronics Industry Association, including, but not limited to, certification that the tower is designed and will be constructed in such a manner that in the case of tower failure, the tower will either fold upon itself or collapse upon itself. The certification shall take into account the proposed users of, and possible future co-locators on, the antenna structure;
(D) Commercial telecommunication service providers shall provide documentation that the proposed telecommunication facilities comply, or will on completion comply, with the latest applicable federal and state environmental, health and safety standards and regulations, including, but not limited to, those established by the Federal Communications Commission on Radio Frequency Emissions (REF);
(E) In the case of a new tower, or when an existing tower structure is being enlarged in size, a visual impact analysis shall be prepared and certified by a qualified licensed professional engineer or architect, which analysis shall include the following information:
(1) A site plan prepared by a registered land surveyor licensed in the state;
(2) Identification of significant existing natural and human-made features adjacent to the proposed tower location, indicating those features that will buffer the proposed tower from adjacent property and rights-of-way;
(3) Identification of at least three specific points, which are reasonably equidistant, within a three-mile radius of the proposed tower from which the line of sight analysis is presented. The exact number and location of these line of sight points shall be determined after consultation with staff prior to the preparation and completion of the analysis. The applicant shall then prepare a graphic illustration of the visual impact of the proposed tower. The graphic illustration shall be a computer enhanced photograph with the computer-generated image of the tower depicted to an accurate scale. Each photograph shall be accompanied by text describing the point where the photograph was taken and how many feet it is from the proposed tower;
(4) A description of the visual and aesthetic impact of the proposed tower on all adjacent properties and properties within a 2,000-foot radius of the tower. The applicant shall also provide a specific explanation of the feasibility of camouflage given the needed height of the tower;
(5) A site plan showing all proposed landscaping and buffering. All plans shall provide that the lowest six feet of the tower or facility be fenced by a chain link fence and screened with an opaque buffer. Any building which is not enclosed within the fenced area shall be landscaped, as required by § 152.026; and
(6) Any additional information requested by staff in order to fully review and evaluate the impact.
(F) The findings of fact for any decision of the Board denying an application for a telecommunications facility shall be supported by substantial evidence; and
(G) Within 45 calendar days after the completion of any telecommunications facility which is being used for the first time as a telecommunications facility (including the attachment of an antenna to an existing structure), the operator or owner shall provide a certificate from a registered professional engineer to the effect that the structure meets all of the requirements set forth in the approved plans.
(Ord. 2006-13, passed 4-3-2006; Ord. 2012-9, passed 7-2-2012)