§ 157.285 REGULATIONS FOR SMALL CELL TOWERS AND FACILITIES.
   (A)   Application requirement. Applications for the construction or installation of small wireless facilities and/or small cell towers shall include the following:
      (1)   Applicant's name, address, telephone number, e-mail addresses.
      (2)   The name's, addresses, telephone numbers and e-mail addresses of all duly authorized representatives and consultants, if any, acting on behalf of the applicant with respect to the filing of the application.
      (3)   Applicant shall provide a map of the propose site(s) and photographs of the structure if the installation is a proposed co-location. Applicant's map shall show all land uses within 800 feet of the proposed small cell facility or tower.
      (4)   Applicant shall provide a photo simulation showing the proposed small cell facility and any related equipment.
      (5)   Applicant shall furnish site plan, plans, and elevations drawn to scale that identify the proposed small cell facility and all structures on which facilities are proposed to be located.
      (6)   For new small cell towers, a site development plan, signed and sealed by a professional engineer registered in Kentucky, showing the proposed location of the new small cell tower(s) and existing structures within 500 feet of the proposed new small cell tower(s).
      (7)   For new small cell towers, a vertical profile drawing of the proposed new small cell tower(s), signed and sealed by a professional engineer registered in Kentucky, indicating the height of the proposed new small cell tower(s) and the placement of all antennas and equipment enclosures associated with the new small cell tower(s).
   (B)   Application fee.
      (1)   The fee shall not exceed $500 for an application covering up to five small wireless facilities, with an additional $100 for each additional small wireless facility beyond five.
      (2)   The application fee for the installation, modification, or replacement of a new pole (i.e., not a co-location with other non-small cell facilities) intended to support one or more small wireless facilities shall not exceed $1,000 per pole.
      (3)   An applicant authorized to place small wireless facilities and any related poles in the right-of-way shall pay to the city compensation for use of the rights-of-way an aggregate annual rate not to exceed $270 per small wireless facility. This rate, together with the application fee(s), shall be the total compensation that the applicant is required to pay the city for the deployment of each small wireless facility.
   (C)   Processing of application. Staff shall review an application subject to this subchapter considering its conformity with applicable provisions of this subchapter.
      (1)   For an initial application, staff shall notify the applicant within ten calendar days from the submission of the application if the application is materially incomplete. In the written notice, staff must clearly and specifically identify all of the missing documents or information. No further review of the application will take place until the application is complete.
      (2)   Staff shall review and take final action on applications for non-tower wireless communication facilities within 60 calendar days of a completed application. Staff shall either approve, approve with conditions, or deny the application. If staff does not make a final decision within the required 60 calendar days, the application shall be deemed to be approved as submitted.
      (3)   Planning Commission shall review and take final action on applications for new Small Cell towers within 90 calendar days of a completed application. Planning Commission shall either approve, approve with conditions, or deny the application. If the Planning Commission does not make a final decision within the required 90 calendar days, the application shall be deemed to be approved as submitted.
      (4)   The applicant must be advised in writing of the final decision of either staff or the Planning Commission. If the final decision is to deny the application, the final decision document shall state the basis for a denial, including specific code provisions on which the denial was based, and send the documentation to the applicant on or before the day the application is denied.
(Ord. 71, 2021, passed 6-10-21)