Cellular Communications Tower Regulations
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CITY OF GEORGETOWN
ORDINANCE NO. 2002 - __
AN ORDINANCE RELATED TO THE
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:
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:
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.
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.
EVERETTE VARNEY, MAYOR
GLENWOOD C. WILLIAMS, CLERK
HB 270 WIRELESS PROVISIONS SUMMARY
Summary of new provisions applicable to construction of cellular antenna towers included in HB270.