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When the Planning Commission has required a development plan to be submitted no building permit shall be issued until the final development plan is approved by the Commission and a copy of said plan is certified by the Chairperson and Secretary of the Commission. The approval of the final development plan shall limit and control the issuance of all building permits, and restrict the construction, location and use of all land and structures to the conditions set forth in the plan.
(Ord. passed 1-11-2005)
COMMUNICATIONS TOWERS
The purposes of these regulations are:
(A) To provide for the safest and most efficient integration of cellular antenna towers for cellular telecommunications services or personal communications services within the community;
(B) To provide for such facilities in coordination with the recommendations of the comprehensive plan; and
(C) To allow for such faculties with the intention of furthering the public health, safety and general welfare.
(Ord. passed 1-11-2005)
(A) Applicants are encouraged to notify the Planning Commission to discuss proposals, allow for early coordination and to identify those items which are in conformance/nonconformance with the adopted Comprehensive Plan, zoning ordinance and the provisions of these regulations.
(B) A tower constructed for, or an existing facility that has been adapted for, the location of transmission or related equipment to be used in the provision of cellular telecommunications services or personal communication services; except towers constructed or adapted for internet services. Applications and all inspections for towers constructed or adapted for internet services shall be made through and by the County Fiscal Court.
(Ord. passed 1-11-2005; Ord. passed 8-23-2011)
For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ANTENNAS OR RELATED EQUIPMENT. Transmitting, receiving or other equipment used to support cellular telecommunications service or personal communications service. This definition does not include towers.
CELLULAR ANTENNA TOWER. A tower constructed for, or an existing facility that has been adapted for, the location of transmission or related equipment to be used in the provision of cellular telecommunications services or personal communications services.
CELLULAR TELECOMMUNICATION SERVICE. A retail telecommunications service that uses radio signals transmitted through cell sites and mobile switching stations.
CO-LOCATION. Locating two or more transmission antennas or related equipment on the same cellular antenna tower or other applicable structure.
DEVELOPMENT PLAN. A presentation in the form of sketches, maps and drawings (plans and profiles) of a proposed use and/or structure by the owner or developer of the land which sets forth in detail the intended development, according to the standards and procedures in these regulations.
PERSONAL COMMUNICATIONS SERVICE. The meaning as defined in 47 U.S.C. § 332(c).
PLANNING COMMISSION. The Lincoln County/Cedar Creek Planning Commission.
UNIFORM APPLICATION. An application to construct a cellular antenna tower submitted to a Planning Commission in conformity with KRS 100.9865 and KRS 100.987.
UTILITY. The meaning as defined in KRS 278.010(3).
(Ord. passed 1-11-2005)
Cellular antenna towers for cellular telecommunications services or personal communications services may be allowed in any zone after review by the Planning Commission in accordance with the following procedures to ascertain agreement with the adopted Comprehensive Plan and the regulations contained within this chapter.
(Ord. passed 1-11-2005)
Every utility, or a company that is engaged in the business of providing the required infrastructure to a utility, that proposes to construct an antenna tower for cellular telecommunications services or personal communications services shall submit a completed uniform application to the Planning Commission. The Planning Commission shall not regulate the placement of antennas or related equipment on an existing structure (co-location).
(Ord. passed 1-11-2005)
Applications for the construction of cellular antenna towers for cellular telecommunications services or personal communications services shall include the following:
(A) The full name and address of the applicant;
(B) The applicant’s articles of incorporation, if applicable;
(C) A geotechnical investigation report, signed and sealed by a professional engineer registered in the state, that includes boring logs and foundation design recommendations;
(D) 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;
(E) Clear directions from the City of Stanford to the proposed site, including highway numbers and street names, if applicable, with the telephone number of the person who prepared the directions;
(F) 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 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;
(G) The identity and qualifications of each person directly responsible for the design and construction of the proposed tower;
(H) 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;
(I) 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;
(J) 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;
(K) 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:
(1) Notified by certified mail, return receipt requested of the proposed construction which notice shall include a map of the location of the proposed construction;
(2) Given the telephone number and address of the local Planning Commission; and
(3) Informed of his or her right to participate in the Planning Commission’s proceedings on the application.
(L) A list of the property owners who received the notice, together with copies of the certified letters sent to the listed property owners;
(M) A statement that the chief executive officer of the appropriate and affected local government and the legislative body have been notified, in writing, of the proposed construction;
(N) A copy of the notice sent to the chief executive officer of the appropriate and affected local government and the legislative body (see division (M) above);
(O) A statement that:
(1) 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 addresses and telephone numbers of the applicant and the Planning Commission, has been posted in a visible location on the proposed site; and
(2) 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.
(P) 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;
(Q) 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;
(R) 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;
(S) 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; and
(T) 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 unit’s jurisdiction; and
(2) 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.
(Ord. passed 1-11-2005)
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