(A) Application requirements. Applications for the construction of cellular antenna towers for cellular telecommunications services or personal communications services shall include the following:
(1) The full name and address of the applicant.
(2) The applicant's articles of incorporation, if applicable.
(3) A geotechnical investigation report, signed and sealed by a professional engineer registered in Kentucky, that includes boring logs and foundation design recommendations.
(4) A written report, prepared by a professional engineer or land surveyor, of findings as to the proximity of the proposed site to flood hazard areas.
(5) Clear directions from the City of Ashland building located at 1700 Greenup Avenue to the proposed site, including highway numbers and street names, if applicable, with the telephone number of the person who prepared the directions.
(6) The lease or sale agreement for the property on which the tower is proposed to be located, except that, if the agreement has been filed in abbreviated form with the Boyd County Clerk, an applicant may file a copy of the agreement as recorded by the county clerk and, if applicable, the portion of the agreement that specifies, in the case of abandonment, a method that the utility will follow in dismantling and removing the proposed cellular antenna tower including a timetable for removal.
(7) The identity and qualifications of each person directly responsible for the design and construction of the proposed tower.
(8) A (site) development plan or survey, signed and sealed by a professional engineer registered in Kentucky, that shows the proposed location of the tower and all easements and existing structures within 500 feet of the proposed site on the property on which the tower will be located, and all easements and existing structures within 200 feet of the access drive, including the intersection with the public street system.
(9) A vertical profile sketch of the tower, signed and sealed by a professional engineer registered in Kentucky, indicating the height of the tower and the placement of all antennas.
(10) The tower and foundation design plans and a description of the standard according to which the tower was designed, signed, and sealed by a professional engineer registered in Kentucky.
(11) A map, drawn to scale no less than one inch equals 200 feet, that identifies every structure and every owner of real estate within 500 feet of the proposed tower.
(12) A statement that every person who, according to the records of the property valuation administrator, owns property within 500 feet of the proposed tower or property contiguous to the site upon which the tower is proposed to be constructed, has been:
(a) Notified by certified mail, return receipt requested, of the proposed construction which notice shall include a map of the location of the proposed construction;
(b) Given the telephone number and address of the local Planning Commission; and
(c) Informed of his or her right to participate in the Planning Commission's proceedings on the application.
(13) A list of the property owners who received the notice, together with copies of the certified letters sent to the listed property owners.
(14) A statement that the chief executive officer of the appropriate and affected local government and legislative bodies (City of Ashland and Boyd County Fiscal Court) have been notified, in writing of the proposed construction.
(15) A copy of the notice sent to the chief executive officer of the appropriate and affected local government and the legislative body (see division (A)(14)).
(16) A statement that:
(a) A written notice, of durable material at least two feet by four feet in size, stating that "Applicant proposes to construct a telecommunications tower on this site" and including the addresses and telephone numbers of the applicant and the Planning Commission, has been posted in a visible location on the proposed site; and
(b) A written notice, at least two feet by four feet in size, stating that "Applicant proposes to construct a telecommunications tower on this site" and including the addresses and telephone numbers of the applicant and the Planning Commission, has been posted on the public road nearest the site.
(17) A statement that notice of the location of the proposed construction has been published in a newspaper of general circulation in the county in which the construction is proposed.
(18) A brief description of the character of the general area in which the tower is proposed to be constructed, which includes the existing land use and zoning for the specific property involved.
(19) A statement that the applicant has considered the likely effects of the installation on nearby land uses and values and has concluded that there is no more suitable location reasonably available from which adequate service to the area can be provided, and that there is no reasonably available opportunity to locate its antennas and related facilities on an existing structure (i.e., co-locate), including documentation of attempts to locate its antennas and related facilities on an existing structure, if any, with supporting radio frequency analysis, where applicable, and a statement indicating that the applicant attempted to locate its antennas and related facilities on a tower designed to host multiple wireless service providers' facilities or on an existing structure, such as a telecommunications tower or other suitable structure capable of supporting the applicant's antennas and related facilities.
(20) A map of the area in which the tower is proposed to be located, that is drawn to scale, and that clearly depicts the necessary search area within which an antenna tower should, pursuant to radio frequency requirements, be located.
(21) A grid map that shows the location of all existing cellular antenna towers and that indicates the general position of proposed construction sites for new cellular antenna towers within an area that includes:
(a) All of the planning unit's jurisdiction; and
(b) A one-half mile area outside of the boundaries of the planning unit's jurisdiction, if that area contains either existing or proposed construction sites for cellular antenna towers.
(B) Application fee. An applicant for the construction of cellular antenna towers for cellular telecommunications services or personal communications services shall pay an application fee in the amount of $2,500 upon submission of an application. This fee includes review of the Planning Commission based upon the required development plan and review and issuance of a building permit.
(C) Processing of application. The procedure for siting of cellular antenna towers shall be as follows:
(1) After an applicant's submission of the application to construct a cellular antenna tower, the Planning Commission shall:
(a) In a public hearing, review the application in light of its agreement with the comprehensive plan and adopted zoning regulations;
(b) Make its final decision to approve or disapprove the application; and
(c) Advise the applicant in writing of its final decision within 60 days commencing from the date that the application is submitted to the Planning Commission or within a date certain specified in a written agreement between the Planning Commission and the applicant. If the Planning Commission fails to issue a final decision within 60 days and if there is no written agreement between the Planning Commission and the applicant to a specific date for the Planning Commission to issue a decision, the application shall be deemed approved.
(2) If the Planning Commission disapproves of the proposed construction, it shall state the reasons for disapproval in its written decision any may make suggestions which, in its opinion, better accomplish the objectives of the comprehensive plan and the adopted zoning regulations. No permit for construction of a cellular or personal communications services antenna tower shall be issued until the Planning Commission approves the application or the 60-day time period has expired, whichever occurs first.
(3) The Planning Commission may require the applicant to make a reasonable attempt to co-locate additional transmitting or related equipment. The Planning Commission may provide the location of existing cellular antenna towers on which the Commission deems the applicant can successfully co-locate its transmitting and related equipment. If the Planning Commission requires the applicant to attempt co-location, the applicant shall provide the local planning unit with a statement indicating that the application has:
(a) Successfully attempted to co-locate on towers designed to host multiple wireless service provider's facilities or existing structures such as a telecommunications owner or another suitable structure capable of supporting the applicant's facilities, and that identifies the location of the tower or suitable structure on which the applicant will co-locate its transmission and related facilities; or
(b) Unsuccessfully attempted to co-locate on towers designed to host multiple wireless service provider's facilities or existing structures such as a telecommunications tower or another suitable structure capable of supporting the applicant's facilities and that:
1. Identifies the location of the towers or other structures on which the applicant attempted to co-locate; and
2. Lists the reasons and document why the co-location was unsuccessful in each instance.
(4) The Planning Commission may deny an application to construct a cellular antenna based on an applicant's unwillingness to attempt to co-locate additional transmitting or related equipment on any new or existing towers or other structures.
(5) In the event of co-location, a utility shall be considered the primary user of the tower, if the utility is the owner of the antenna tower and if no other agreement exists that prescribes an alternate arrangement between the parties for use of the tower. Any other entity that co-locates transmission or related facilities on a cellular antenna tower shall do so in a manner that does not impose additional costs or operating restrictions on the primary user.
(6) Upon the approval of an application for the construction of a cellular antenna tower by the Planning Commission, the applicant shall notify the Public Service Commission within ten working days of the approval. The notice to the Public Service Commission shall include a map showing the location of the construction site. If an applicant fails to file notice of an approved application with the Public Service Commission, the applicant shall be prohibited from beginning construction on the cellular antenna tower until such notice has been made.
(7) A party aggrieved by a final action of the Planning Commission under the provisions of KRS 100.985 to 100.987 may bring an action for review in any court of competent jurisdiction.
(Ord. 71, 2021, passed 6-10-21)