2014 Kentucky Revised Statutes CHAPTER 278 - PUBLIC SERVICE COMMISSION 278.650 Procedures for proposals to construct antenna towers in an area outside the jurisdiction of a planning commission -- Hearing -- Building permit fee.
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278.650 Procedures for proposals to construct antenna towers in an area
outside the jurisdiction of a planning commission -- Hearing -- Building
permit fee.
If an applicant proposes construction of an antenna tower for cellular
telecommunications services or personal communications services which is to be
located in an area outside the jurisdiction of a planning commission, the applicant
shall apply to the Public Service Commission for a certificate of public convenience
and necessity pursuant to KRS 278.020(1), 278.665, and this section. The
commission shall convene a local public hearing on the application upon the receipt
of a request from the local governing body or from not less than three (3) interested
persons that reside in a county or municipal corporation in which the tower is
proposed to be constructed. In reviewing the application, the commission may take
into account the character of the general area concerned and the likely effects of the
installation on nearby land uses and values. A local government may charge a fee
for a building permit, in connection with the construction or alteration of any structure
for cellular telecommunications services or personal communication services, if the
fee does not exceed that charged for any other commercial structure of comparable
cost of construction.
Effective:April 23, 2002
History: Amended 2002 Ky. Acts ch. 343, sec. 6, effective April 23, 2002; and
ch. 346, sec. 222, effective July 15, 2002. -- Created 1996 Ky. Acts ch. 383,
sec. 2, effective July 15, 1996.
Legislative Research Commission Note (4/23/2002). This section was amended
by 2002 Ky. Acts ch. 343, sec. 6, and ch. 346, sec. 222, 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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