100.9865 Contents of uniform application.
890 words·~4 min read·
/ky/chapter-100/100-9865A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
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.