Any person or entity that proposes to construct an antenna tower within city boundaries for cellular communications services or personal communications services shall submit an application for same to the Commission. Such application shall include the following:
(A) A copy of the Uniform Application.
(B) A copy of the applicant's FCC license or, if the applicant is not an FCC license holder, a copy of at least one letter of commitment from an FCC license holder to locate at least one antenna on the applicant's tower.
(C) Unless co-locating, certification supported by evidence that co-location of the proposed facility with an existing approved tower or facility cannot be accommodated. The applicant's certification shall include a listing of all existing towers and facilities within a two-mile radius of the proposed tower's location, a description of each such existing site and statements reflecting the ability or inability to co-locate on each such existing site including a discussion of the facts that:
(1) No existing towers or facilities are located within a two-mile radius of the proposed tower's location;
(2) Existing towers or facilities are not of sufficient height to meet the applicant's engineering requirements;
(3) Existing towers or facilities do not have sufficient structural strength to support the applicant's proposed antenna(s) or related equipment;
(4) The applicant's planned equipment would cause frequency interference with other existing or planned equipment of the tower or facility or the existing or planned equipment of the tower or facility or the existing or planned equipment of the tower or facility would cause frequency interference with the applicant's planned equipment which cannot be unreasonably prevented; and
(5) Unwillingness of the owner of the existing tower or facility which would otherwise be suitable for co-location of the applicant's proposed antenna and related equipment to entertain a co-location proposal.
(D) Unless co-locating, certification supported by evidence that there is no other site which is materially better from a land use perspective within a two-mile radius of the proposed tower location. The applicant's certification shall include a listing of all potential sites within a two- mile radius of the proposed tower location, a description of each such potential site and a discussion of the ability or inability of each such potential site to host such a facility, all in according with the following:
(1) Unwillingness of the site owner(s) to entertain such a facility;
(2) Topographic limitations of the site;
(3) Adjacent impediments that would obstruct adequate transmission;
(4) Physical site constraints that would preclude the construction of the proposed facility;
(5) Technical limitations of the telecommunications system; and
(6) Whether existing potential sites provide an acceptable location for requisite coverage for the applicant's communications network. Potential sites that should be considered include: highway rights-of-way except designated parkways; existing utility towers; industrial districts; office towers and residential towers.
(E) A statement demonstrating that the proposal is in agreement with the city's Comprehensive Plan.
(F) A listing of the present locations of the applicant's telecommunications towers and/or facilities within Madison County, Kentucky, including co-location sites.
(G) A pictorial representation of the proposed telecommunications facility from a point 400 feet from the facility in each of the four compass directions showing the relationship of the tower and/or facilities against the massing of surrounding structures, trees and other intervening visual masses.
(H) A development plan, drawn to a scale not smaller than one inch equals 100 feet, showing:
(1) The total area of the site in question;
(2) All public and private rights-of-way and easement lines located on or adjacent to the subject property which are proposed to be continued, created, enlarged, relocated or abandoned;
(3) Existing topography and approximate delineation of any topographical changes shown by contour with intervals not to exceed five feet;
(4) Location, height, arrangement and identification of all buildings, structures and uses on the subject property and, where applicable, location and arrangements of all lots with lot dimensions;
(5) Location and arrangement of all common open space areas and methods of ownership and operation and maintenance of such lands shall be identified;
(6) Landscaping features, including identification of planting areas and the location, type and height of walls and fences;
(7) Location of signs, indicating their orientation, size and height;
(8) All utility lines and easements for:
(a) Water distribution systems, including line sizes, width of easements, type of pipe, location of hydrants and valves and other appurtenances;
(b) Sanitary sewer system, including pipe sizes, width of easements, gradients, types of pipes, invert elevations, location and type of manholes, the location, type, size of all lift or pumping stations, capacity and process of any necessary treatment facilities and other appurtenances;
(c) Storm sewer and natural drainage system, including pipe and culvert sizes, gradients, location of open drainage courses, width of easements, location and size of inlets and catch basins, location and size of retention and/or sedimentation basins;
(d) Other utilities, including the type of service and the width of easements.
(9) Location of all off-street parking, loading and/or unloading and driveway areas, including typical cross sections, the type of surfacing, dimensions and the number and arrangement of off-street parking and loading and/or unloading spaces;
(10) Circulation system showing:
(a) Pedestrian walkways, including alignment, grades, type of surfacing and width;
(b) Streets, including alignment, grades, type of surfacing, width of pavement and right-of-way, geometric details and typical cross sections;
(11) Provisions for control of erosion and storm drainage, hillside slippage and sedimentation, indicating the temporary and permanent control practices and measures which will be implemented during all phases of clearing, grading, and construction.
(Ord. 01-25, passed 7-24-01; Am. Ord. 01-38, passed 11-03-01)