Applications to the Commission for the construction of cellular antenna towers for cellular telecommunications services or personal communications services shall be processed as follows:
(A) Filing of the Application; Hearing Dates. All applications shall be filed by the applicant with the Codes Enforcement Office for the city. Upon the filing, that office shall advise the applicant of the date of the work session of the Commission during which the application shall be preliminarily reviewed and of the date of the final hearing on the application before the Commission, which date shall be within 60 days of the date of the filing.
(B) Affected Property Owners, Notice of Filing. Notice of the filing of any application shall be sent by the city's Codes Enforcement Office by first class mail to the owner of every parcel of property within 1,000 feet of the tower proposed to be constructed and to the owner of every parcel of property adjoining at any point the property from which the applicant proposes to create the tower site.
(1) Such notices shall include the date, time and location of the meeting of the Commission at which the application will be reviewed, together with a statement that the recipient has the right to submit testimony to the Commission at such meeting.
(2) It shall be the duty of the applicant to furnish to the Codes Enforcement Office at the time of the filing of the application the names and addresses of said property owners. Records maintained by the Madison County Property Valuation Assessor may be relied upon conclusively to determine the identity and address of said owners.
(C) Publication of Notice. Notice of the filing of any application shall be published by the applicant in the newspaper of general circulation in the city for two consecutive weeks prior to the hearing of the Commission, the last of which publications shall occur not less than seven nor more than twenty-one days prior to the date of the hearing. Such published notice shall contain the same information required of written notice as set forth hereinabove.
(D) Posting of Notice. Notice of the hearing shall be posted by the applicant conspicuously on the property in question in a visible location and in a visible location on the nearest public road. The notices shall remain posted until the Commission issues its final decision or until 60 days has passed since acceptance of the application by the Commission, whichever shall first occur. The posting shall be as follows:
(1) Each sign shall be at least two feet by four feet in size;
(2) Each sign shall state: "(Name of Applicant) proposes to construct a telecommunications tower and/or facility on this site. If you have questions, please contact (Name and address of Applicant). Information regarding the review of this proposal may be obtained by calling the Richmond Department of Codes Enforcement at (859) 623-1000."
(3) In such posted notices, the words "proposes to construct a telecommunications tower and/or facility" shall be printed in letters at least four inches in height and the words "Richmond Department of Codes Enforcement at (859) 623-1000" shall be printed in letters at least one inch in height. All signs shall be constructed of durable, waterproof material.
(E) Final Hearing. The Commission shall, within 30 days of the final hearing, render its final decision to approve or disapprove the application. The decision shall set forth its factual basis. The Commission shall submit the decision to the Public Service Commission as required by applicable Kentucky law. If the Commission shall fail to render its decision within 30 days, it shall be presumed, unless there is an agreement between the Commission and the applicant extending the time within which a decision shall be issued to a date certain, that the Commission has approved the application.
(Ord. 01-25, passed 7-24-01; Am. Ord. 01-38, passed 11-03-01)