(A) Generally. Every utility or 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 an application for approval which shall include the following:
(1) A City-County Planning and Zoning Commission conditional use permit application, if required;
(2) The uniform application, which shall include:
(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 commonwealth 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 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 owner 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;
(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 commonwealth 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 commonwealth, 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 the commonwealth;
(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;
(l) 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:
1. Notified by certified mail, return receipt requested of the proposed construction which shall include a map of the location of the proposed construction;
2. Given the telephone number and address of the Planning and Zoning Commission; and
3. Informed of his or her right to participate in the Planning and Zoning 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 affected local governments and their legislative bodies have been notified in writing of the proposed construction;
(o) A copy of the notice sent to chief executive officer of the affected local governments and their legislative bodies;
(p) 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 and Zoning Commission, has been posted and shall remain in a visible location on the proposed site until final disposition of the application; 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 and Zoning 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 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, 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; and
(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.
(3) The uniform application shall also 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:
(a) All of the county; and
(b) A one-half mile area outside of the county if that area contains either existing or proposed construction sites for cellular antenna towers.
(4) The uniform application shall also include a copy of the contracts with an owner(s) of property upon which the cellular antenna tower is to be constructed which shall include a provision that specifies, in the case of abandonment, a method that the owner (operator) will follow in dismantling and removing the cellular antenna tower including a timetable for removal.
(B) Application for approval. An application for approval of a transmission tower (other than a cellular antenna tower) shall include the following:
(1) A City-County Planning and Zoning Commission conditional use application, if required;
(2) A site plan or plans drawn to scale and identifying the site boundary; towers; guy wire anchors; existing and proposed structures; vehicular parking and access; and existing vegetation to be retained, removed or replaced;
(3) Uses, structures, and land use designations on the site and abutting parcels; and
(4) A copy of the contracts, with an owner(s) of property that which the transmission tower is to be constructed which shall include a provision that specifies, in the case of abandonment, a method that the owner (operator) will follow in dismantling and removing the transmission tower including a timetable for removal if necessary.
(Ord. 697-02, passed 8-12-2002)