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§ 120.04 REVIEW BY ZONING COMMISSION.
   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 the Zoning Ordinance.
(Ord. 2004-015, passed 8-23-04)
§ 120.05 APPLICABILITY.
   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. 2004-015, passed 8-23-04)
CONSTRUCTION APPLICATIONS
§ 120.10 REQUIREMENTS.
   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 Kentucky, 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 Pikeville (i.e., 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.
   (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 Pike 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 Kentucky, that shows the proposed location of the tower and all easements and existing structures within five hundred (500) feet of the proposed site on the property on which the tower will be located, and all easements and existing structures within two hundred (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 Kentucky, 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 Kentucky.
   (K)   A map, drawn to a scale no less than one (1) inch equals two hundred (200) feet, that identifies every structure and every owner of real estate within five hundred (500) feet of the proposed tower.
   (L)   A statement that every person who, according to the records of the Property Valuation Administrator, owns property within five hundred (500) feet of the proposed tower or property contiguous to the site upon which the tower is proposed to be constructed, has been:
      (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.
   (M)   A list of the property owners who received the notice, together with copies of the certified letters sent to the listed property owners.
   (N)   A statement that the chief executive officer of the appropriate and affected local government and the legislative body (City of Pikeville, Pike Fiscal Court, Elkhorn City and City of Coalrun) have been notified, in writing, of the proposed construction.
   (O)   A copy of the notice sent to the chief executive officer of the appropriate and affected local government and the legislative body (see division (O) above).
   (P)   A statement that:
      (1)   A written notice, of durable material at least two (2) feet by four (4) 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 (2) feet by four (4) 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.
   (Q)   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.
   (R)   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.
   (S)    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.
   (T)   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.
   (U)   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 (1/2) 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. 2004-015, passed 8-23-04)
§ 120.11 CONFIDENTIALITY.
   (A)   All information contained in the application and any updates, except for any map or other information that specifically identifies the proposed location of the cellular antenna tower then being reviewed, shall be deemed confidential and proprietary within the meaning of KRS 61.878. The Planning Commission shall deny any public request for the inspection of this information, whether submitted under the Kentucky Open Records Act or otherwise, except when ordered to release the information by a court of competent jurisdiction.
   (B)   Any person violating this section shall be guilty of official misconduct in the second degree as provided under KRS 522.030.
   (C)   The confidentiality of the applications and any updates of the application can be waived by the written authorization of the applicant.
(Ord. 2004-015, passed 8-23-04)
§ 120.12 FEE.
   (A)   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 two thousand five hundred dollars ($2,500.00) upon submission of a uniform application. This fee includes review of the Planning Commission based upon the required development plan, review of the Planning Commission for grading and construction plans as defined by the Subdivision and Development Regulations, review and permitting by the Building Inspector and/or Department, and review and permitting by the Electrical Inspector’s office.
   (B)   Applications for co-location of antenna(e) on an existing structure shall pay an application fee in the amount of two hundred fifty dollars ($250.00). This fee includes review of the Planning Commission for grading and construction plans (if needed) as defined by the Subdivision and Development Regulations, review and permitting by the Building Inspector and/or Department, and review and permitting by the Electrical Inspector’s office.
(Ord. 2004-015, passed 8-23-04)
§ 120.13 PROCESSING.
   Applications for the construction of cellular antenna towers for cellular telecommunications services or personal communications services shall be processed as follows:
   (A)   At least one (1) public hearing on the proposal shall be held, at which hearing interested parties and citizens shall have the opportunity to be heard. Notice of the time and place of such hearing shall be published at least once, in a newspaper of general circulation in Pike County, provided that one (1) publication occurs not less than seven (7) calendar days nor more than twenty-one (21) calendar days before the occurrence of such hearing.
   (B)   Notice of the proposal shall be posted on the site at least fourteen (14) days in advance of the hearing. Such notice shall consist of a written notice, of durable material at least two (2) feet by four (4) 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. Notice of the proposal shall also be posted on the public road nearest the site. Such notice shall consist of a written notice, of durable material at least two (2) feet by four (4) 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.
   (C)   Notice of the hearing shall be given at least fourteen (14) days in advance of the hearing, by certified mail, return receipt requested, to the owner of every parcel of property within five hundred (500) feet of the proposed tower or property contiguous to the site upon which the tower is proposed to be constructed. The notice shall include a map of the location of the proposed construction, the telephone number and address of the Planning Commission and shall inform the addressee of his or her right to participate in the Planning Commission’s proceedings on the application. Records maintained by the Property Valuation Administrator may be relied upon conclusively to determine the identity and address of the owner. In the event such property is in condominium or cooperative forms of ownership, then the person notified by mail shall be the president or chairperson of the owner group which administers property commonly owned by the condominium or cooperative owners. A joint notice may be mailed to two (2) or more co-owners of an adjoining property who are listed in the Property Valuation Administrator’s records as having the same address.
   (D)   Upon holding such hearing, the Planning Commission shall, within sixty (60) days commencing from the date that the application is received by the Planning Commission, or within a date specified in a written agreement between the Planning Commission and the applicant, make its final decision to approve or disapprove the uniform application. If the Planning Commission fails to issue a final decision within sixty (60) days, and if there is no written agreement between the Planning Commission and the utility to a specific date for the Planning Commission to issue a decision, it shall be presumed that the Planning Commission has approved the utility’s uniform application.
(Ord. 2004-015, passed 8-23-04)
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