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Cellular Antenna Tower Regulations
I.
PURPOSE. The purposes of these regulations are: to provide
for the safest and most efficient integration of cellular antenna towers for
cellular telecommunications services or personal communications services within
the community; to provide for such facilities in coordination with the
recommendations of the comprehensive plan; and to allow for such facilities with
the intention of furthering the public health, safety, and general welfare.
II. PRE-APPLICATION
CONFERENCE. Applicants are encourage to notify the planning commission
to discuss proposals, to allow for early coordination, and to identify those
items that are in conformance/nonconformance with the comprehensive plan, zoning
ordinance, and the provisions of these regulations.
III. DEFINITIONS. For the
purposes of these regulations, the following definitions shall apply:
A.
"Alternative Cellular Antenna Tower" means man-made
trees, clock towers, bell towers, steeples, light poles and similar
alternative-design mounting structures that accommodate, camouflage, minimize or
conceal the presence of cellular antennas or cellular antenna towers that are
constructed primarily for the purpose of accommodating cellular antennas or
cellular antenna towers or are reconstructed for the purpose of accommodating
cellular antennas or cellular antenna towers. This does not include
existing structures erected for another primary purpose, but which subsequently
have cellular antennas attached to or located within them, without any
reconstruction of the original structure. For the provisions of these
regulations, an alternative cellular antenna tower is considered a cellular
antenna tower.
B.
"Antennas or Related Equipment" means transmitting,
receiving, or other equipment used to support cellular telecommunications
service or personal communications service. This definition does not
include towers.
C.
"Cellular Antenna Tower" means a tower constructed
for, or an existing facility that has been adapted for, the locations of
transmission or related equipment to be used in the provision of cellular
telecommunications services or personal communications services.
D.
"Cellular Telecommunications Service"
means a retail telecommunications service that uses radio signals
transmitted through cell sites and mobile switching stations.
E.
"Co-location" means locating two (2) or more
transmission antennas or related equipment on the same cellular antenna tower.
F.
"Guyed Cellular Antenna Tower" means a type of
wireless transmission tower that is supported by thin guy wires.
G.
"Lattice Cellular Antenna Tower" means a
self-supporting tower with multiple legs and cross bracing of structural steel.
H.
"Monopole Cellular Antenna Tower" means a slender
self-supporting tower on which wireless antennas can be placed.
I.
"Personal Communication Service" has the meaning
as defined in 47 U.S.C. sec. 332 (c).
J. "Planning Commission" means
the McCracken County Planning Commission.
K.
"Uniform Application" means an application to
construct a cellular antenna tower submitted to a planning commission in
conformity with KRS 100.985 through KRS 100.987.
L.
"Utility" has the meaning as defined in KRS 278.010(3).
IV. GENERAL. Cellular
antenna towers for cellular telecommunications services or personal
communications services may be allowed in any zone after a planning commission
review in accordance with the following procedures to ascertain agreement with
the adopted comprehensive plan and the regulations contained within the zoning
ordinance.
A.
Applicability. Every utility, or a company that is engaged in the
business of providing the required infrastructure to a utility, that proposes to
construct a cellular antenna tower shall submit a completed uniform application
to the planning commission. Where the planning commission finds that
circumstances or conditions relating to the application of an alternative
cellular antenna tower are such that one or more of the requirements of the
uniform application listed below are not necessary or desirable for the
protection of surrounding property or the public health, safety, and general
welfare, and that such special conditions or circumstances make one or more said
requirements unreasonable, the planning commission, or its duly authorized
representative, may modify or waive such requirement of the uniform application,
either permanently or on a temporary basis. Any such modification or
waiver shall be requested by the applicant, and the applicant shall submit a
written justification for each requested modification or waiver. The
planning commission shall not regulate the placement of antennas or related
equipment on an existing structure.
B.
Application Requirements. Applications for the construction of
cellular antenna towers for cellular telecommunications services or personal
communications services shall include the following:
1. The full
name and address of the applicant.
2. The
applicant's articles of incorporation, if applicable.
3. A
geotechnical investigation report signed and sealed by a professional engineer
registered in Kentucky that includes boring logs and foundation design
recommendations.
4. 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.
5. Clear
directions to the proposed site, including highway numbers and street names, if
applicable, with the telephone number of the person who prepared the directions.
6. 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 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.
7. The
identity and qualifications of each person directly responsible for the design
and construction of the proposed tower.
8. A site
development plan, signed and sealed by a professional engineer or surveyor
licensed 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.
9. A
survey, prepared by a surveyor licensed in Kentucky. The survey shall be
in accordance with all of the requirements of the McCracken County Subdivision
Ordinance and KRS 100, that shows lease lines or property line, which upon
approval, shall be recorded.
10. 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.
11. 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.
12. 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.
13. 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:
a) Notified by certified mail, return receipt
requested, of the proposed construction which notice shall include a map of the
location of the proposed construction.
b) Given the telephone number and address of the local
planning commission; and
c) Informed of his or her right to participate in the
planning commission's proceedings on the application.
14. A list of the property
owners who received the notice, together with copies of the certified letters
sent to the listed property owners.
15. A statement that the
Judge-Executive of McCracken County has been notified, in writing, of the
proposed construction and a copy of the notification.
16. A statement that the
Paducah-McCracken County Barkley Regional Airport has been notified, in writing,
of the proposed construction and a copy of the notification.
17. A statement that:
a) 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
b) 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.
17. A statement that notice
of the location of the proposed construction has been published in the Paducah
Sun newspaper.
18. 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.
19. 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.
20. 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.
21. 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 McCracken County; and
b) A one-half (1/2) mile are outside the boundaries
of McCracken County, if that area contains either existing or proposed
construction sites for cellular antenna towers.
II. Confidentiality of
Application. 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 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 Kentucky's open Records Act or otherwise,
except when ordered to release the information by a court of competent
jurisdiction. Any person violating this subsection shall be guilty of
official misconduct in the second degree as provided under KRS 522.030.
The confidentiality of the applications and any updates of the application can
be waived by the written authorization of the applicant.
III. Application Fee. 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 set by the planning commission upon submission of
a uniform application.
IV. Processing of Application. 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 the Paducah Sun newspaper, 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 proposed shall be posted on the site at least fourteen (14) days
in advance of the hearing. The 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. This notice shall consist of a written
notice, of durable material at least tow (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 lest 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 commissioner's proceedings on the application. Records
maintained by the property valuation administrator may be relied upon
conclusively to determine the identity and address of said owner. In the
event a property is in condominium of cooperative forms of ownership, then the
person notified by mail shall be the president or chairperson of the owner group
that administers property commonly owned by the condominium or cooperative
owners. A joint notice may be mailed to two 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 the 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 of
the planning commission to issue a decision, it shall be presumed that the
planning commission has approved the utility's uniform application.
V. DESIGN STANDARDS.
The applicant shall provide information demonstrating compliance with the
requirements contained herein. Potential sites that should be considered
(in order from most-preferred to least-preferred) include existing utility
towers, industrial zones, commercial zones, and government buildings and
properties. Where the planning commission finds that circumstances or
conditions relating to the particular application are such that one or more of
the requirements listed below are not necessary or desirable for the protection
of the surrounding property or the public health, safety, and general welfare,
and that such special conditions or circumstances make one or more said
requirements unreasonable, the planning commission, or its duly authorized
representative, may modify or waive such requirement, either permanently or on a
temporary basis. Any such modification or waiver shall be requested by the
applicant, and the applicant shall submit a written justification for each
requested modification or waiver.
A.
Monopoles. Monopole cellular antenna towers shall be permitted in any
zone. Lattice and guyed cellular antenna towers shall be permitted in any
zone except for Urbanizing Residential zones.
B.
Minimum Lot Size. Regardless of the minimum lot sizes listed in the
specific zoning districts, or the McCracken County Subdivision Ordinance, the
lot size may be the minimum necessary to comply with the objectives and
standards of this section.
C.
Agricultural Zone Setback. Lattice and Guyed Cellular Antenna Towers
constructed in an agricultural zone shall be located a minimum distance of
not less than 250 feet from all existing residential structures. Distance
shall be measured from the base of the tower to the nearest wall of the
residential structure.
D.
Setbacks. Setbacks for all structures constructed in connection with
guyed or lattice cellular antenna towers, except fences and/or guy wires, shall
be a minimum distance from the property line or lease line equal to at least
one-half (1/2) the height of the tower, but not less than fifty (50) feet.
All structures constructed in connection with monopole or alternative cellular
antenna tower shall comply with the applicable setback requirements established
for other structures within the applicable zoning district. Alternative
cellular antenna towers that are to be located as part of a utility service
facility (e.g. power pole or telephone pole) shall comply with setback
requirements applicable to such utility service facilities, if any.
E.
Height. A cellular antenna tower, or alternative antenna tower
structure, may be constructed to a maximum height of two hundred (200) feet
regardless of the maximum height requirements listed in the specific zoning
district. This also applies to any tower taller than fifteen (15) feet
constructed on the top of another building or structure, with the height being
the overall height of building/structure and tower together, measured from the
grade to the highest point. The planning commission may allow antennas
greater than two hundred (200) feet in height upon review of the applicant's
justification that the additional height meets the criteria identified in
Subsection 38-6.
F.
Construction Standards. The Cellular Antenna Tower shall be constructed
in compliance with the current ANSI/EIA/TIA 222-F standard and other
applicable state standards.
G.
Illumination. Cellular antenna towers shall not be illuminated,
except in accordance with other state or federal regulations.
H.
Staffing. The site shall be un-staffed. Personnel may
periodically visit the site for maintenance, equipment modification, or repairs.
To accommodate such visits, ingress/egress shall be only from approved access
points.
I.
Fencing. Woven Wire or Chain Link (eighty (80) percent open) or solid
fences made from wood or other materials (less than fifty (50) percent open)
shall be used to enclose the site. Such fences shall not be more than
eight (8) feet in height, and may be located within the front, side, or rear
yard.
J.
Screening. Screening shall be provided by evergreen trees, with a
minimum height of six (6) feet, planted in a staggered pattern at a maximum
distance of fifteen (15) feet on center. The screening shall be placed in
an area between the property line, or lease line, and a ten (10) foot setback.
K.
Surfacing. All driveways and off-street parking areas shall be
paved with a durable surface such as asphalt or concrete.
L.
Signs. There shall be no signs permitted, except those displaying
emergency information, owner contact information, warning or safety
instructions, or signs that are required by a federal, state, or local agency.
Such signs shall not exceed five (5) square feet in area.
M.
Number of Service Providers. All new cellular antenna towers shall be
designed and constructed to accommodate a minimum of three (3) service
providers.
N.
Lease Agreements. All option and site lease agreements shall not
prohibit the possibility of co-location, and in the case of abandonment, shall
include a method that the utility will follow in dismantling and removing the
proposed cellular antenna tower including a timetable for removal.
O.
Other Approvals Required. Approval of the Federal Aviation Administration
(FAA) and the Kentucky Airport Zoning Commission (KAZC) or documentation where
approval is not required shall be submitted prior to the issuance of a
building permit for the construction of the cellular antenna tower.
VI. CRITERIA
A.
Approval or Disapproval of the proposal shall be based upon an evaluation of
the proposal's agreement with the comprehensive plan and zoning regulations.
1. 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:
a) 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
b) Unsuccessfully attempted to co-locate on towers designed
to host multiple wireless service provider's facilities or existing structure
such as a telecommunications tower or another suitable structure capable of
supporting the applicant's facilities and that:
(1) Identifies the location of the towers or other structures on which
the applicant attempted to co-located; and
(2) Lists the reasons why the co-location was unsuccessful in each
instance.
B.
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.
C.
The planning commission shall not regulate the placement of a cellular antenna
tower on the basis of the environmental effects of radio frequency emissions to
the extent that the proposed facility complies with the regulations of the
Federal Communications Commission concerning radio frequency emissions.
AMENDMENTS. Any amendments to plans, except for minor
adjustments as determined by the planning commission, or it duly authorized
representative, shall be made in accordance with the procedure required by
Subsection IV, subject to the same limitations and requirements as those under
which such plans were originally approved.
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