Cellular Communications Tower Regulations

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CITY OF GEORGETOWN
ORDINANCE NO. 2002 - __

AN ORDINANCE RELATED TO THE AMENDMENT
OF THE GEORGETOWN/SCOTT COUNTY SUBDIVISION & DEVELOPMENT REGULATIONS REGARDING ARTICLE II (DEFINITIONS) & ARTICLE II, SECTION 2.55 TELECOMMUNICATIONS

WHEREAS: By act of the Kentucky Legislature in accordance with HB 270, the Kentucky Revised Statutes (KRS) Chapter 100, the Chapter governing planning and zoning, was amended to provide that local planning units were given the authority to regulate cellular telecommunications towers and related equipment. This act supercedes all previously adopted local requirements, including City of Georgetown Ordinance 98-019 adopted on September 9, 1998; and establishes a uniform application and review process. The Zoning Ordinance must be updated to reflect this act and the adopted revisions.

WHEREAS: This proposed amendment to the Georgetown-Scott County Zoning Ordinance has been submitted to the citizens through a properly advertised public hearing before the Georgetown-Scott County Planning and Zoning Commission conducted at their July 11, 2002, August 8, 2002, and September 12, 2002, public meeting. The Commission voted unanimously to recommend the adoption of this amendment to the City Council of Georgetown;

NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL FOR THE CITY OF GEORGETOWN, KENTUCKY, as follows:

SECTION ONE: NEW PROVISIONS (Note all of the following language is new and to be added)

PROPOSED AMENDMENTS TO THE GEORGETOWN-SCOTT COUNTY ZONING ORDINANCE, REGARDING REGULATIONS FOR CELLULAR ANTENNA TOWERS AND CELLULAR TELECOMMUNICATIONS SERVICES (based on requirements outlined within HB 270)

A. PURPOSE: The purposes of these regulations are: (1) to provide for the safest and most efficient integration of cellular antenna towers for cellular telecommunications services or personal communications services within the community; (2) to provide for such facilities in coordination with the recommendations of the comprehensive plan; and (3) to allow for such facilities with the intention of furthering the public health, safety, and general welfare.

B. PRE-APPLICATION CONFERENCE: Applicants are encouraged to notify the Planning Commission to discuss proposals, allow for early coordination and to identify those items which are in conformance/nonconformance with the adopted Comprehensive Plan, Zoning Ordinance, and the provisions of these regulations.

C. DEFINITIONS: For the purposes of these regulations, the following definitions shall apply:

1. "CELLULAR ANTENNA TOWER" means a tower constructed for, or an existing facility that has been adapted for, the location of transmission or related equipment to be used in the provision of cellular telecommunications services or personal communications services.
2. "CELLULAR TELECOMMUNICATIONS SERVICE" means a retail telecommunications service that uses radio signals transmitted through cell sites and mobile switching stations.
3. "CO-LOCATION" means locating two (2) or more transmission antennas or related equipment on the same cellular antenna tower or other applicable structure.
4. "DEVELOPMENT PLAN" means a presentation in the form of sketches, maps and drawings (plans and profiles) of a proposed use and/or structure by the owner or developer of the land which sets forth in detail the intended development, according to the standards and procedures in Article IV (Development Approval Procedure) and Articles V through VIII.
5. "GSCPC" means Georgetown-Scott County Planning Commission or Planning Commission
6. "PERSONAL COMMUNICATION SERVICE" has the meaning as defined in 47 U.S.C. sec. 332(c).
7. "UNIFORM APPLICATION" means an application to construct a cellular antenna tower submitted to a planning commission in conformity with KRS 100.987 and KRS _____(section number not yet assigned).
8. "UTILITY" has the meaning as defined in KRS 278.010(3).
9. "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.

D. GENERAL: Cellular antenna towers for cellular telecommunications services or personal communications services may be allowed in any zone after review by the Planning Commission in accordance with the following procedures to ascertain agreement with the adopted Comprehensive Plan and the regulations contained within the Zoning Ordinance.

E. APPLICABILITY: 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 shall submit a completed uniform application to the planning commission. The Planning Commission shall not regulate the placement of antennas or related equipment on an existing structure (co-location).

F. 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 from the City of Georgetown (i.e., 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.
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 Scott 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 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.
9. 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.
10. 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.
11. 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.
12. 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:
1. Notified by certified mail, return receipt requested, of the proposed construction which notice shall include a map of the location of the proposed construction.
2. Given the telephone number and address of the local planning commission; and
3. Informed of his or her right to participate in the planning commission's proceedings on the application.
13. A list of the property owners who received the notice, together with copies of the certified letters sent to the listed property owners.
14. A statement that the chief executive officer of the appropriate and affected local government and the legislative body (City of Georgetown, Scott County Fiscal Court, Town of Stamping Ground, Town of Sadieville) have been notified, in writing, of the proposed construction.
15. A copy of the notice sent to the chief executive officer of the appropriate and affected local government and the legislative body (see #14).
16. A statement that:
1. 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
2. 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 a newspaper of general circulation in the county in which the construction is proposed.
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 and zoning 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 (i.e., co-locate), 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:
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.

G. 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 antenna 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.

H. 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 of $2500 upon submission of a uniform application. This fee includes review of the Planning Commission based upon the required development plan, review of the Planning Commission for grading and construction plans as defined by the Subdivision & Development Regulations, review and permitting by the Building Department, and review and permitting by the Electrical Inspector’s Office. Applications for co-location of antenna(e) on an existing structure shall pay an application fee in the amount of $250. This fee includes review of the Planning Commission for grading and construction plans (if needed) as defined by the Subdivision & Development Regulations, review and permitting by the Building Department, and review and permitting by the Electrical Inspector’s Office.

I. PROCESSING OF APPLICATION: Applications for the construction of cellular antenna towers for cellular telecommunications services or personal communications services shall be processed as follows:

1. 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 a newspaper of general circulation in Scott County, 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.

2. Notice of the proposal shall be posted on the site at least fourteen (14) days in advance of the hearing. Such 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. Such 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 near this site " and including the addresses and telephone numbers of the applicant and the Planning Commission.

3. Notice of the hearing shall be given at least 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. Said 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 commission'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 such property is in condominium or cooperative forms of ownership, then the person notified by mail shall be the president or chairperson of the owner group which 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.

4. Upon holding such 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 for the Planning Commission to issue a decision, it shall be presumed that the Planning Commission has approved the utility's uniform application.

J. DESIGN STANDARDS: The applicant shall provide information demonstrating compliance with the following requirements. 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 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.

1. Monopole cellular antenna towers shall be permitted in any zone. Lattice and guyed cellular antenna towers shall be permitted in any zone except for residential zones. Monopole cellular antenna towers in residential zones shall be limited to 100 feet in height, unless otherwise approved by the Planning Commission as approved as a variance request and as part of the required development plan.

2. 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.

3. Setbacks for all structures constructed in connection with cellular antenna towers, except fences and/or guy wires, shall be a minimum distance from the property line or lease line equal to the setback of the respective district plus one-half (1/2) the height of the tower. All structures constructed in connection with stealth towers shall comply with the applicable setback requirements established for other structures within the applicable zoning district. Stealth 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. No tower may be located closer than fifty (50) feet to any property line.

4. 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 at ground level to the highest point of the tower. 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 K.

5. The cellular antenna tower shall be constructed in compliance with the current ANSI/EIA/TIA 222-F standards and other applicable state standards.

6. Cellular antenna towers shall not be illuminated, except in accordance with other state or federal regulations.

7. The site shall be unstaffed or unmanned. Personnel may periodically visit the site for maintenance, equipment modification, or repairs. To accommodate such visits, ingress/egress shall only be from approved access points as shown on the approved development plan subject to the entrance requirements outlined in the Subdivision & Development Regulations or of KYTC-District 7 (where applicable).

8. 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. The use of barbed wire or sharp pointed fences shall be prohibited. Such fence may be located within the front, side, or rear yard.

9. 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 ten (10) feet on center. The Director of Development Services may increase the distance between plantings based on the type (species) of evergreen tree and its growth characteristics. The screening shall be placed in an area between the property line, or lease line, and a ten (10) foot setback. A break in the hedge, not to exceed fifteen (15) feet in width, shall be allowed for access of maintenance personnel and vehicles.

10. Surfacing of all driveways and off-street parking areas shall comply with the requirements of the applicable Subdivision & Development Regulations and be at least constructed of gravel or other durable surface. The Planning Commission may require alternative surface materials based on grade, construction and potential for erosion.

11. There shall be no signs permitted, except those displaying emergency information, owner contact information, warning or safety instructions, or signs which are required by a federal, state, or local agency. Such signs shall not exceed five (5) square feet in area.

12. All new cellular antenna towers shall be designed and constructed to accommodate a minimum of three (3) service providers.

13. All option and site lease agreements shall not prohibit the possibility of co-location.

K. CRITERIA

1. Approval or disapproval of the proposal shall be based upon an evaluation of the proposal’s agreement with the Comprehensive Plan, Zoning Ordinance and applicable Subdivision & Development Regulations.

2. 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 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

2. Lists the reasons why the co-location was unsuccessful in each instance.

3. 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.

4. 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.

L. AMENDMENTS: Any amendments to plans, except for minor adjustments as determined by the Planning Commission, or its duly authorized representative, and it accordance with the procedures outlined in the Subdivision & Development Regulations, shall be made in accordance with the procedure required by Subsection F, subject to the same limitations and requirements as those under which such plans were originally approved.

SECTION TWO: EFFECTIVE DATE: This Ordinance shall take effect upon passage and publication.

The foregoing Ordinance was introduced and read for the first time at the Council’s regular meeting __________, 2002, and for the second time, adopted and approved, at the Council’s regular meeting ______________, 2002.

APPROVED BY:

_______________________________
EVERETTE VARNEY, MAYOR

ATTESTED BY:

________________________________
GLENWOOD C. WILLIAMS, CLERK