2013 Kentucky Revised Statutes CHAPTER 100 - PLANNING AND ZONING 100.987 Local government may plan for and regulate siting of cellular antenna towers -- Duties of utility or company proposing to construct antenna tower -- Confidentiality of information contained in application -- Duties and powers of planning commission -- Co-location.
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100.987 Local government may plan for and regulate siting of cellular
antenna towers -- Duties of utility or company proposing to construct
antenna tower -- Confidentiality of information contained in application -Duties and powers of planning commission -- Co-location.
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A planning unit as defined in KRS 100.111 and legislative body or fiscal court
that has adopted planning and zoning regulations may plan for and regulate
the siting of cellular antenna towers in accordance with locally adopted
planning or zoning regulations in this chapter.
Every utility or a 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 jurisdiction of a planning unit that has adopted planning and zoning
regulations in accordance with this chapter shall:
(a) Submit a copy of the applicant's completed uniform application to the
planning commission of the affected planning unit to construct an antenna
tower for cellular or personal telecommunications services. The uniform
application shall 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:
1.
All of the planning unit's jurisdiction; and
2.
A one-half (1/2) mile area outside of the boundaries of the planning
unit's jurisdiction, if that area contains either existing or proposed
construction sites for cellular antenna towers;
(b) 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
(c) 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.
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. The local 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.
After an applicant's submission of the uniform application to construct a cellular
antenna tower, the planning commission shall:
(a) Review the uniform application in light of its agreement with the
comprehensive plan and locally adopted zoning regulations;
(b) Make its final decision to approve or disapprove the uniform application;
and
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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. 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.
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.
The planning commission may require the applicant to make a reasonable
attempt to co-locate additional transmitting or related equipment. A 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 local planning commission requires
the applicant to attempt co-location, the applicant shall provide the local
planning unit 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 structures 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-locate; and
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Lists the reasons why the co-location was unsuccessful in each
instance.
The local 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.
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.
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Upon the approval of an application for the construction of a cellular antenna
tower by a planning commission, the applicant shall notify the Public Service
Commission within ten (10) working days of the approval. The notice to the
Public Service Commission shall include a map showing the location of the
construction site. 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.
(10) A party aggrieved by a final action of a planning commission under the
provisions of KRS 100.985 to 100.987 may bring an action for review in any
court of competent jurisdiction.
Effective:April 23, 2002
History: Amended 2002 Ky. Acts ch. 343, sec. 3, effective April 23, 2002; and
ch. 346, sec. 158, effective July 15, 2002. -- Created 1998 Ky. Acts ch. 231,
sec. 2, effective July 15, 1998.
Legislative Research Commission Note (4/23/2002). This section was amended
by 2002 Ky. Acts ch. 343, sec. 3, and ch. 346, sec. 158, which appear to be in
conflict. The changes made by ch. 346 are revisory in nature, while the changes
made by ch. 343 are substantive. The changes of ch. 343 have been allowed to
prevail. Cf. KRS 7.123.
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