KRS § 100.9865 — KY Code / Title IX / Chapter 100 / Section 100.9865
100.9865 Contents of uniform application
Status: in_force

100.9865 Contents of uniform application.

In addition to the requirements of KRS 100.987, a uniform application shall include:

(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 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

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);

(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:

(a) Notified by certified mail, return receipt requested, of the proposed

construction, which notice shall include a map of the location of the proposed

construction;

(b) Given the telephone number and address of the local planning commission;

and

(c) 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 affected local governments and

their legislative bodies have been notified, in writing, of the proposed construction;

(15) A copy of the notice sent to the chief executive officer of the affected local

governments and their legislative bodies;

(16) A statement that:

(a) 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 and shall remain in a visible location on the proposed site until final

disposition of the application; and

(b) 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 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, 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

(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.