2015 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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