Any request filed under this chapter for review of a proposal to construct antenna tower shall include the following:
(A) Submit a copy of the applicant's complete Uniform Application to the Planning Commission to construct a cellular antenna tower for cellular or personal communications services. The uniform application shall include 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:
(1) All of the Planning Commission's jurisdiction; and
(2) Any subsequently modified boundary (including, but not limited to an increase or decrease) of the Planning Commission's jurisdiction.
(B) Include in any contract with an owner of the property upon which a cellular antenna tower is to be constructed, a provision that specifies, in the case of abandonment, a method that the utility will follow in dismantling and removing a cellular antenna tower including a timetable for removal. Furthermore, the Planning Commission may request the owner of a cellular tower or antenna to provide a declaration of intent for continued operation and use of the tower or antenna. In the event that the tower or antenna is abandoned or there is no response from the owner within 90 days, it must be removed within six months of ceasing operation at the owner's expense. Prior to issuance of a permit for construction of a tower or antenna, a bond or other appropriate surety shall be filed with the Planning Commission, in order to ensure the successful dismantling and removal of the tower or antenna and any associated accessory structure; and
(C) In addition to the foregoing requirements, a uniform application shall include:
(1) The full name and address of the applicant;
(2) The applicant's articles of incorporation, if applicable;
(3) A geo-technical investigation report, signed and sealed by a professional engineer registered in the state, 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 county seat 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 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 demonstrating compliance with KRS 100.987(2);
(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 the state, 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 the state, 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 the state;
(11) A map, drawn to a 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 affected local governments and their legislative bodies have been notified, in writing of the proposed construction;
(15) A copy of the notice sent to the chief executive officer of the affected local governments and their legislative bodies;
(16) A statement that:
(a) A written notice, of durable material at least two feet by four feet in size stating that "(Name of applicant) proposes to construct a telecommunications tower on this site" and including the address and telephone numbers of the applicant and the Planning Commission, has been posted and shall remain in a visible location on the proposed site until final disposition of the application; and
(b) A written notice, at least two feet by four feet in size, stating that "(Name of applicant) proposes to construct a telecommunications tower near 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 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 reasonable available opportunity to locate its antennas and related facilities on an existing structure 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 on an existing structure, such as a telecommunications tower or other suitable structure capable of supporting the applicant's antennas and related facilities; and
(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.
(Ord. 09-10, passed 12-9-2009)