4.4.2 ANTENNA TOWERS FOR CELLULAR

TELECOMMUNICATIONS SERVICES OR

PERSONAL COMMUNICATIONS SERVICES

An antenna tower for cellular telecommunications

services or personal communications services may be

allowed in any district after receiving Planning

Commission review and approval in accordance with this

section. The Planning Commission may delegate its

approval authority to a committee of the Planning

Commission. The Planning Commission may approve

the proposed antenna tower only upon finding that the

proposal complies with the Comprehensive Plan and the

zoning regulations, including this section. Reasonable

attempts to co-locate additional transmitting or related

equipment are required. Any request for review of a

proposal to construct such an antenna tower shall be

made only in accordance with this section.

If the property is subject to an existing district

development plan or to an existing Conditional Use

Permit, the property owner shall obtain approval of the

appropriate amendment or modification request. Such

request shall be filed simultaneously with the antenna

tower for cellular telecommunications services or

personal communications services request filed pursuant

to this section. The property owner shall be responsible

for making alternative provisions for any alteration of the

district development plan or Conditional Use Permit or

shall obtain a variance or waiver of the specific plan or

Permit requirement affected by the location of the tower

on the site.

A. General Provisions:

1. Documentation: 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 Jefferson

County shall a completed uniform application to

the Planning Commission, which shall include

the following:

a. A grid map showing the location of all

existing cellular antenna towers and

indicating the general position of proposed

construction sites for new cellular antenna

towers within an area that includes:

i. All of the planning unit’s jurisdiction; and

plans are

required for colocations

as well

as new towers.

ii. 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. The full name and address of the applicant;

c. The applicant’s articles of incorporation, if

applicable;

d. A geotechnical investigation report, signed

and sealed by a professional engineer

registered in Kentucky, including boring logs

and foundation design recommendations;

e. 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;

f. Directions from the county seat to the

proposed site, including highway numbers

and street names, if applicable, with the

telephone number of the person who

prepared the directions;

g. 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 demonstrating compliance with

KRS 100.987(2);

h. The identity and qualifications of each

person directly responsible for the design

and construction of the proposed tower;

i. A site development plan or survey, signed

and sealed by a professional engineer

registered 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;

j. 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;

k. 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;

l. 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;

m. 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

the tower is proposed to be constructed, has

been:

i. Notified by certified mail, return receipt

requested, of the proposed construction

which notice shall include a map of the

location of the proposed construction;

ii. Given the telephone number and

address of the local planning

commission; and

iii. Informed of his or her right to participate

in the planning commission’s

proceedings on the application;

n. A list of the property owners who received

the notice, together with copies of the

certified letters sent to the listed property

owners;

o. A statement that the chief executive officer

of the affected local governments and their

legislative bodies have been notified, in

writing, of the proposed construction;

p. A copy of the notice sent to the chief

executive officer of the affected local

governments and their legislative bodies;

q. A statement that:

i. A written notice, of durable material at

least two (2) feet by four (4) feet in size,

stating the “[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 and shall remain in a visible

location on the proposed site until final

disposition of the application; and

ii. 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;

r. A statement that notice of the location of the

proposed construction has been published

in a newspaper of general circulation in the

county in which the construction is

proposed;

s. 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;

t. 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;

and

u. 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.

2. Notice: Written notice of the meeting at which

the application to construct an antenna tower will

be considered shall be given to the owner of

every parcel of property adjoining at any point or

across the street from the property on which the

antenna tower is proposed to be constructed at

least ten (10) calendar days prior to the meeting.

In addition, staff shall endeavor to assure that

notice is given to all neighborhood groups who

have registered to receive notice of development

applications.

3. Procedure: After an applicant’s submission of a

completed uniform application to construct an

antenna tower, the Planning Commission shall:

a. Review the uniform application in light of its

agreement with the Comprehensive Plan

and the Land Development Code;

b. Make its final decision to approve or

disapprove the uniform application; and

c. Advise the applicant in writing of its final

decision within sixty (60) days commencing

from the date that the completed uniform

application is submitted to the Planning

Commission or within a date certain

specified in a written agreement between

the 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

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 Land Development Code. 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 and the Planning Commission

has failed to issue a decision.

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 colocate

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:

i. 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

ii. 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 has attempted to colocate;

and

2. Lists the reasons why the colocation

was unsuccessful in each

instance.

d. 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.

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.

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.

i. Guarantee: Any contract with an owner

of property upon which a cellular

antenna tower is to be constructed, shall

include a provision that specifies, in the

case of abandonment, the method that

will be followed for dismantling and

removing a cellular antenna tower,

including a timetable for removal. To

insure the removal of all improvements

at any abandoned telecommunications

facility, any applicant filing a request

under this section shall, at the time of

submittal of the list of existing towers,

deposit with the Planning Commission

and to the benefit of the Planning

Commission a letter of credit, a

performance bond, or other security

acceptable to the Planning Commission

in the amount equal to the cost of the

demolition and removal of the

telecommunications tower. An applicant

having multiple towers within Jefferson

County may deposit a single guarantee

in the amount equal to the cost of

demolition and removal of the one

telecommunications tower it owns which

would cost the most to demolish and

remove until such time as the number of

its towers exceeds four (4) such

facilities, both existing and projected

within the current calendar year. At

such time as the approved number of an

applicant’s towers exceeds four (4) such

facilities, the applicant shall increase the

amount on deposit to an amount equal

to the cost of the most costly demolition

and removal times 25% percent of that

applicant’s total number of towers both

existing and projected within the next

calendar year. Any guarantee

submitted shall be irrevocable and shall

provide for the Planning Commission to

collect the full amount of the guarantee

if the applicant fails to maintain the

guarantee.

ii. Special expert Consultants and Costs:

The Planning Commission may retain

special expert consultants as it deems

necessary to provide assistance in the

review of site location alternative

analysis. Application fees may be

established to cover the costs of staff

and/or special expert consultant review

of requests filed under this section,

within any limits established by KRS

Chapter 100.

iii.. Confidentiality: With the exception of

the map or other information that

specifically identifies the proposed

location of the cellular antenna tower

then being reviewed, all other

information contained in the uniform

application and any updates shall be

recognized as confidential and

proprietary within the meaning of KRS

61.878. The Planning Commission shall

deny any public request for the

inspection of such information, whether

submitted under Kentucky’s Open

Record Act or otherwise, unless ordered

to disclose such records by a court of

competent jurisdiction or unless

confidentiality is waived in writing by the

applicant.

3. Design Standards: At the time of filing of a

request under this section, the applicant shall

provide information demonstrating compliance

with the requirements listed below. Waivers of

the following standards may be requested by the

applicant and granted by the Planning

Commission in accordance with the provisions

of Chapter 11 Part 8.

a. All structures, except fences, shall be

located at least 50 feet from the property line

of any residentially zoned property and shall,

in all other circumstances, observe the yard

requirements of the district in which they are

located.

b. The site shall be landscaped in accordance

with the requirements of Chapter 10 Part 2

for utility substations. If the site is an

easement, the easement boundaries,

exclusive of that portion used strictly for

vehicular access, shall be treated as

property boundaries for the purposes of

applying Chapter 10 Part 2.

c. Any monopole, guyed, lattice, or similar type

cellular antenna tower and any alternative

cellular antenna tower structure similar to

these towers, such as light poles, shall be

maintained in either galvanized steel finish

or be painted light gray or light blue in color.

Alternate sections of aviation orange and

aviation white paint may be used ONLY

when the FAA finds that none of the

alternatives to such marking are acceptable.

d. A cellular antenna tower or alternative

cellular antenna tower structure may be

constructed to a maximum height of 200 feet

regardless of the maximum allowed height

for the district in which it is located. This

also applies to any tower taller than 15 feet

constructed on the top of another building,

with the height being the overall height of

building and tower together measured from

the grade to the highest point. When any

cellular antenna tower or alternative cellular

antenna tower structure is taller than the

distance from its base to the nearest

property line, the applicant shall furnish the

Planning Commission with a certification

from an engineer registered in the

Commonwealth of Kentucky that the tower

will withstand winds of 70 miles per hour in

accordance with current ANSI/EAI/TAI

standards. When a tower taller than 15 feet

constructed on the top of another building

results in the overall height of the building

and tower, including any antenna, being

greater than the distance from the base of

the building to the nearest property line, the

applicant shall furnish to the Planning

Commission this same certification.

e. A cellular antenna tower or alternative

cellular antenna tower structure may be

artificially lighted ONLY with steady-burning

red obstruction lights (FAA type L-810) or

flashing red obstruction lights (FAA type L-

864) flashing no faster than 20 flashes per

minute. Flashing red obstruction lights (FAA

type L-864) flashing faster than 20 flashes

per minute, medium intensity flashing white

obstruction lights (FAA type L-865 or L-866),

high intensity flashing white lights (FAA type

L-856 or L-857), or dual flashing red

obstruction lights and medium intensity

flashing white obstruction lights (FAA types

L-864/L-865) may be used ONLY when the

FAA specifies that the specific lighting

pattern is the ONLY lighting pattern

acceptable to promote aviation safety.

f. The site shall be unstaffed. Personnel may

periodically visit the site for maintenance,

equipment modification, or repairs. To

accommodate such visits, access shall be

only from access points approved by the

applicable Works Department, and there

shall be provided on site an area sufficient to

accommodate the parking of the service

vehicle.

g. The site shall be enclosed by an eight (8)

foot high security fence, and the fence may

be located in any required yard at any

height, but not in the sight triangle described

in Section 5.1.7.H.

h. Any site to be purchased or leased for the

installation of a cellular antenna tower or

alternative cellular antenna tower structure

and ancillary facilities shall comply with the

minimum lot size requirements of the district

in which the site is located.

i. The facility shall comply with the FCC’s

regulations concerning radio frequency

emissions. To the extent that the facilities

do not comply with the FCC’s regulations,

the Planning Commission may establish

additional requirements on the basis of the

environmental effects of radio frequency

emissions. (See P.L. 104-104, Sec. 704).

j. If the use of any cellular antenna or cellular

antenna tower or alternative cellular antenna

tower structure is discontinued, the owner

shall provide the Planning Commission with

a copy of the notice to the FCC of intent to

cease operations within 30 days of such

notice to the FCC. If the cellular antenna or

cellular antenna tower or alternative cellular

antenna tower structure will not be reused,

the owner shall have 180 days from

submittal of the FCC notice to the Planning

Commission to obtain a demolition permit

and remove the antenna or tower that will

not be reused. If the cellular antenna or

cellular antenna tower or alternative cellular

antenna tower structure is to be reused, the

owner shall have no more than twelve (12)

months from submittal of the FCC notice to

the Planning Commission in which to

commence new operation of the antenna or

tower to be reused. Upon failure to

commence new operation of the antenna or

tower that is to be reused within twelve (12)

months, the cellular antenna or cellular

antenna tower or alternative cellular antenna

tower structure shall be presumed

abandoned, and the owner shall

immediately obtain a demolition permit and

remove the antenna or tower that is

presumed abandoned. If the owner fails to

remove an antenna or tower in the time

provided by this paragraph, the Planning

Commission may cause the demolition and

removal of the antenna or tower recover its

costs of demolition and removal from the

Guarantee deposited by the applicant

pursuant to this section.

k. The only signs allowed shall be emergency

information signs, owner contact

information, warning or safety instructions,

and signs required by a federal, state, or

local agency. Such signs shall not exceed

five (5) square feet in area.

The following definitions are not a part of this Chapter, but

are included to allow for the review of this Part without

referring to other portions of this Land Development Code.

4.4.2 ANTENNA TOWERS FOR CELLULAR

TELECOMMUNICATIONS SERVICES OR

PERSONAL COMMUNICATIONS SERVICES

An antenna tower for cellular telecommunications

services or personal communications services may be

allowed in any district after receiving Planning

tower, Cellular telecommunications service, Co-location, Personal communication

service, Uniform application Utility

Commission review and approval in accordance with this

section. The Planning Commission may delegate its

approval authority to a committee of the Planning

Commission. The Planning Commission may approve

the proposed antenna tower only upon finding that the

proposal complies with the Comprehensive Plan and the

zoning regulations, including this section. Reasonable

attempts to co-locate additional transmitting or related

equipment are required. Any request for review of a

proposal to construct such an antenna tower shall be

made only in accordance with this section.

If the property is subject to an existing district

development plan or to an existing Conditional Use

Permit, the property owner shall obtain approval of the

appropriate amendment or modification request. Such

request shall be filed simultaneously with the antenna

tower for cellular telecommunications services or

personal communications services request filed pursuant

to this section. The property owner shall be responsible

for making alternative provisions for any alteration of the

district development plan or Conditional Use Permit or

shall obtain a variance or waiver of the specific plan or

Permit requirement affected by the location of the tower

on the site.

A. General Provisions:

1. Documentation: 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 Jefferson

County shall a completed uniform application to

the Planning Commission, which shall include

the following:

a. A grid map showing the location of all

existing cellular antenna towers and

indicating the general position of proposed

construction sites for new cellular antenna

towers within an area that includes:

i. All of the planning unit’s jurisdiction; and

ii. 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. The full name and address of the applicant;

plans are

required for colocations

as well

as new towers.

c. The applicant’s articles of incorporation, if

applicable;

d. A geotechnical investigation report, signed

and sealed by a professional engineer

registered in Kentucky, including boring logs

and foundation design recommendations;

e. 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;

f. Directions from the county seat to the

proposed site, including highway numbers

and street names, if applicable, with the

telephone number of the person who

prepared the directions;

g. 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 demonstrating compliance with

KRS 100.987(2);

h. The identity and qualifications of each

person directly responsible for the design

and construction of the proposed tower;

i. A site development plan or survey, signed

and sealed by a professional engineer

registered 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;

j. 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;

k. 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;

l. 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;

m. 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

the tower is proposed to be constructed, has

been:

i. Notified by certified mail, return receipt

requested, of the proposed construction

which notice shall include a map of the

location of the proposed construction;

ii. Given the telephone number and

address of the local planning

commission; and

iii. Informed of his or her right to participate

in the planning commission’s

proceedings on the application;

n. A list of the property owners who received

the notice, together with copies of the

certified letters sent to the listed property

owners;

o. A statement that the chief executive officer

of the affected local governments and their

legislative bodies have been notified, in

writing, of the proposed construction;

p. A copy of the notice sent to the chief

executive officer of the affected local

governments and their legislative bodies;

q. A statement that:

i. A written notice, of durable material at

least two (2) feet by four (4) feet in size,

stating the “[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 and shall remain in a visible

location on the proposed site until final

disposition of the application; and

ii. 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;

r. A statement that notice of the location of the

proposed construction has been published

in a newspaper of general circulation in the

county in which the construction is

proposed;

s. 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;

t. 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;

and

u. 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.

2. Notice: Written notice of the meeting at which

the application to construct an antenna tower will

be considered shall be given to the owner of

every parcel of property adjoining at any point or

across the street from the property on which the

antenna tower is proposed to be constructed at

least ten (10) calendar days prior to the meeting.

In addition, staff shall endeavor to assure that

notice is given to all neighborhood groups who

have registered to receive notice of development

applications.

3. Procedure: After an applicant’s submission of a

completed uniform application to construct an

antenna tower, the Planning Commission shall:

a. Review the uniform application in light of its

agreement with the Comprehensive Plan

and the Land Development Code;

b. Make its final decision to approve or

disapprove the uniform application; and

c. Advise the applicant in writing of its final

decision within sixty (60) days commencing

from the date that the completed uniform

application is submitted to the Planning

Commission or within a date certain

specified in a written agreement between

the 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

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 Land Development Code. 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 and the Planning Commission

has failed to issue a decision.

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 colocate

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:

i. 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

ii. 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 has attempted to colocate;

and

2. Lists the reasons why the colocation

was unsuccessful in each

instance.

d. 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.

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.

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.

i. Guarantee: Any contract with an owner

of property upon which a cellular

antenna tower is to be constructed, shall

include a provision that specifies, in the

case of abandonment, the method that

will be followed for dismantling and

removing a cellular antenna tower,

including a timetable for removal. To

insure the removal of all improvements

at any abandoned telecommunications

facility, any applicant filing a request

under this section shall, at the time of

submittal of the list of existing towers,

deposit with the Planning Commission

and to the benefit of the Planning

Commission a letter of credit, a

performance bond, or other security

acceptable to the Planning Commission

in the amount equal to the cost of the

demolition and removal of the

telecommunications tower. An applicant

having multiple towers within Jefferson

County may deposit a single guarantee

in the amount equal to the cost of

demolition and removal of the one

telecommunications tower it owns which

would cost the most to demolish and

remove until such time as the number of

its towers exceeds four (4) such

facilities, both existing and projected

within the current calendar year. At

such time as the approved number of an

applicant’s towers exceeds four (4) such

facilities, the applicant shall increase the

amount on deposit to an amount equal

to the cost of the most costly demolition

and removal times 25% percent of that

applicant’s total number of towers both

existing and projected within the next

calendar year. Any guarantee

submitted shall be irrevocable and shall

provide for the Planning Commission to

collect the full amount of the guarantee

if the applicant fails to maintain the

guarantee.

ii. Special expert Consultants and Costs:

The Planning Commission may retain

special expert consultants as it deems

necessary to provide assistance in the

review of site location alternative

analysis. Application fees may be

established to cover the costs of staff

and/or special expert consultant review

of requests filed under this section,

within any limits established by KRS

Chapter 100.

iii.. Confidentiality: With the exception of

the map or other information that

specifically identifies the proposed

location of the cellular antenna tower

then being reviewed, all other

information contained in the uniform

application and any updates shall be

recognized as confidential and

proprietary within the meaning of KRS

61.878. The Planning Commission shall

deny any public request for the

inspection of such information, whether

submitted under Kentucky’s Open

Record Act or otherwise, unless ordered

to disclose such records by a court of

competent jurisdiction or unless

confidentiality is waived in writing by the

applicant.

3. Design Standards: At the time of filing of a

request under this section, the applicant shall

provide information demonstrating compliance

with the requirements listed below. Waivers of

the following standards may be requested by the

applicant and granted by the Planning

Commission in accordance with the provisions

of Chapter 11 Part 8.

a. All structures, except fences, shall be

located at least 50 feet from the property line

of any residentially zoned property and shall,

in all other circumstances, observe the yard

requirements of the district in which they are

located.

b. The site shall be landscaped in accordance

with the requirements of Chapter 10 Part 2

for utility substations. If the site is an

easement, the easement boundaries,

exclusive of that portion used strictly for

vehicular access, shall be treated as

property boundaries for the purposes of

applying Chapter 10 Part 2.

c. Any monopole, guyed, lattice, or similar type

cellular antenna tower and any alternative

cellular antenna tower structure similar to

these towers, such as light poles, shall be

maintained in either galvanized steel finish

or be painted light gray or light blue in color.

Alternate sections of aviation orange and

aviation white paint may be used ONLY

when the FAA finds that none of the

alternatives to such marking are acceptable.

d. A cellular antenna tower or alternative

cellular antenna tower structure may be

constructed to a maximum height of 200 feet

regardless of the maximum allowed height

for the district in which it is located. This

also applies to any tower taller than 15 feet

constructed on the top of another building,

with the height being the overall height of

building and tower together measured from

the grade to the highest point. When any

cellular antenna tower or alternative cellular

antenna tower structure is taller than the

distance from its base to the nearest

property line, the applicant shall furnish the

Planning Commission with a certification

from an engineer registered in the

Commonwealth of Kentucky that the tower

will withstand winds of 70 miles per hour in

accordance with current ANSI/EAI/TAI

standards. When a tower taller than 15 feet

constructed on the top of another building

results in the overall height of the building

and tower, including any antenna, being

greater than the distance from the base of

the building to the nearest property line, the

applicant shall furnish to the Planning

Commission this same certification.

e. A cellular antenna tower or alternative

cellular antenna tower structure may be

artificially lighted ONLY with steady-burning

red obstruction lights (FAA type L-810) or

flashing red obstruction lights (FAA type L-

864) flashing no faster than 20 flashes per

minute. Flashing red obstruction lights (FAA

type L-864) flashing faster than 20 flashes

per minute, medium intensity flashing white

obstruction lights (FAA type L-865 or L-866),

high intensity flashing white lights (FAA type

L-856 or L-857), or dual flashing red

obstruction lights and medium intensity

flashing white obstruction lights (FAA types

L-864/L-865) may be used ONLY when the

FAA specifies that the specific lighting

pattern is the ONLY lighting pattern

acceptable to promote aviation safety.

f. The site shall be unstaffed. Personnel may

periodically visit the site for maintenance,

equipment modification, or repairs. To

accommodate such visits, access shall be

only from access points approved by the

applicable Works Department, and there

shall be provided on site an area sufficient to

accommodate the parking of the service

vehicle.

g. The site shall be enclosed by an eight (8)

foot high security fence, and the fence may

be located in any required yard at any

height, but not in the sight triangle described

in Section 5.1.7.H.

h. Any site to be purchased or leased for the

installation of a cellular antenna tower or

alternative cellular antenna tower structure

and ancillary facilities shall comply with the

minimum lot size requirements of the district

in which the site is located.

i. The facility shall comply with the FCC’s

regulations concerning radio frequency

emissions. To the extent that the facilities

do not comply with the FCC’s regulations,

the Planning Commission may establish

additional requirements on the basis of the

environmental effects of radio frequency

emissions. (See P.L. 104-104, Sec. 704).

j. If the use of any cellular antenna or cellular

antenna tower or alternative cellular antenna

tower structure is discontinued, the owner

shall provide the Planning Commission with

a copy of the notice to the FCC of intent to

cease operations within 30 days of such

notice to the FCC. If the cellular antenna or

cellular antenna tower or alternative cellular

antenna tower structure will not be reused,

the owner shall have 180 days from

submittal of the FCC notice to the Planning

Commission to obtain a demolition permit

and remove the antenna or tower that will

not be reused. If the cellular antenna or

cellular antenna tower or alternative cellular

antenna tower structure is to be reused, the

owner shall have no more than twelve (12)

months from submittal of the FCC notice to

the Planning Commission in which to

commence new operation of the antenna or

tower to be reused. Upon failure to

commence new operation of the antenna or

tower that is to be reused within twelve (12)

months, the cellular antenna or cellular

antenna tower or alternative cellular antenna

tower structure shall be presumed

abandoned, and the owner shall

immediately obtain a demolition permit and

remove the antenna or tower that is

presumed abandoned. If the owner fails to

remove an antenna or tower in the time

provided by this paragraph, the Planning

Commission may cause the demolition and

removal of the antenna or tower recover its

costs of demolition and removal from the

Guarantee deposited by the applicant

pursuant to this section.

k. The only signs allowed shall be emergency

information signs, owner contact

information, warning or safety instructions,

and signs required by a federal, state, or

local agency. Such signs shall not exceed

five (5) square feet in area.

The following definitions are not a part of this Chapter, but

are included to allow for the review of this Part without

referring to other portions of this Land Development Code.

tower, Cellular telecommunications service, Co-location, Personal communication

service, Uniform application Utility