(A) 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 within the city shall submit a copy of the applicant's completed uniform application to the Planning Commission to construct an antenna tower for cellular or personal telecommunications services. The uniform application shall:
(1) 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 all of the Planning Commission’s jurisdiction; and a half (½) mile area outside of the boundaries of the Planning Commission’s jurisdiction, if that area contains either existing or proposed construction sites for cellular antenna towers;
(2) Include in any contract with an owner of property upon which a cellular antenna tower is to be constructed a provision that specifies in the case of abandonment a method that the utility will follow in dismantling and removing a cellular antenna tower including a timetable for removal; and
(3) Comply with any local ordinances concerning land use subject to the limitations imposed by 47 U.S.C. sec. 332(c), KRS 278.030, 278.040, and 278.280.
(B) Confidentiality of application information.
(1) 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.
(2) The Planning Commission shall deny any public request for the inspection of this information, whether submitted under Kentucky's Open Records Act or otherwise, except when ordered to release the information by a court of competent jurisdiction.
(3) Any person violating this subsection shall be guilty of official misconduct in the second degree as provided under KRS 522.030.
(C) After an applicant's submission of the uniform application to construct a cellular antenna tower, the Planning Commission shall:
(1) Review the uniform application in light of its agreement with the comprehensive plan and locally adopted zoning regulations;
(2) Make its final decision to approve or disapprove the uniform application; and
(3) Advise the applicant in writing of its final decision within sixty (60) days commencing from the date that the uniform application is submitted to the Planning Commission or within a date certain specified in a written agreement between the local Planning Commission and the applicant.
(4) If the Planning Commission fails to issue a final decision within sixty (60) days and if there is no written agreement between the local Planning Commission and the applicant to a specific date for the Planning Commission to issue a decision, the uniform application shall be deemed approved.
(D) If the Planning Commission disapproves of the proposed construction, it shall state the reasons for disapproval in its written decision and may make suggestions which, in its opinion, better accomplish the objectives of the comprehensive plan and the locally adopted zoning regulations. No permit for construction of a cellular or personal communications services antenna tower shall be issued until the Planning Commission approves the uniform application or the sixty (60) day time period has expired, whichever occurs first.
(E) The Planning Commission may require the applicant to make a reasonable attempt to co-locate additional transmitting or related equipment. The Planning Commission may provide the location of existing cellular antenna towers on which the commission deems the applicant can successfully co-locate its transmitting and related equipment. If the Planning Commission requires the applicant to attempt co-location, the applicant shall provide the Planning Commission with a statement indicating that the applicant has:
(1) Successfully attempted to co-locate on towers designed to host multiple wireless service providers' facilities or existing structures such as a telecommunications tower or another suitable structure capable of supporting the applicant's facilities, and that identifies the location of the tower or suitable structure on which the applicant will co-locate its transmission and related facilities; or
(2) Unsuccessfully attempted to co-locate on towers designed to host multiple wireless service provider's facilities or existing structures such as a telecommunications tower or another suitable structure capable of supporting the applicant's facilities and that:
(a) Identifies the location of the towers or other structures on which the applicant attempted to co-locate; and
(b) Lists the reasons why the co-location was unsuccessful in each instance.
(F) The Planning Commission may deny a uniform application to construct a cellular antenna tower based on an applicant's unwillingness to attempt to co-locate additional transmitting or related equipment on any new or existing towers or other structures.
(G) In the event of co-location, a utility shall be considered the primary user of the tower, if the utility is the owner of the antenna tower and if no other agreement exists that prescribes an alternate arrangement between the parties for use of the tower. Any other entity that co-locates transmission or related facilities on a cellular antenna tower shall do so in a manner that does not impose additional costs or operating restrictions on the primary user.
(H) Approval.
(1) Upon the approval of an application for the construction of a cellular antenna tower by the Planning Commission, the applicant shall notify the Public Service Commission within ten (10) working days of the approval.
(2) The notice to the Public Service Commission shall include a map showing the location of the construction site.
(3) If an applicant fails to file notice of an approved uniform application with the Public Service Commission, the applicant shall be prohibited from beginning construction on the cellular antenna tower until such notice has been made.
(I) A party aggrieved by a final action of the Planning Commission under the provisions of KRS 100.985 to 100.987 may bring an action for review in any court of competent jurisdiction.
(Ord. 02-0101, passed 1-21-02; Am. Ord. 02-0601, passed 6-6-02)