[Added 2-6-2012 by Ord. No. 2012-1]
The purpose of this article is to establish special conditions
and performance standards for the use of cellular communications antenna
arrays and cellular communications towers, as defined below, that
are consistent with the residential character of the Town, and consistent
with the land uses in the Town. The goals of this article include
encouraging the location of antennas on existing structures, and the
joint use (co-location) of new and existing towers in order to minimize
or mitigate any adverse impact on the Town that may result from the
location or configuration of cellular communications antenna arrays
and cellular communications towers, as well as to facilitate the use
of public property and structures for cellular communications facilities.
No cellular communications antenna array or cellular communications
tower shall be erected, constructed, altered or maintained on any
lot within the Town after the effective date of this article, without
complying with the terms of this article. Nothing herein shall be
deemed to prohibit or regulate any public antenna or cellular communications
tower used in the exercise of a governmental function.
A.
A cellular communications antenna array shall be allowed as of right on any existing structure within the zones specified in § 185-8, Schedule of Use Regulations Table. The height of any cellular communications antenna array shall not exceed the height of such existing structure by more than 12 feet.
B.
Any cellular communications antenna array exceeding the height of
the existing structure by more than 12 feet shall require a special
use permit.
C.
A cellular communications tower shall be permitted as a special permit use or permitted use within the zones so specified in § 185-8, Schedule of Use Regulations Table, and provided that the height of such new tower shall not exceed 150 feet in height. Any cellular communications tower exceeding 150 feet in height shall require a special use permit.
D.
No cellular communications antenna array shall be permitted within any Residential Zone, or any Conservation District or Wildlife Refuge District, or any Open Space Zone, except by special use permit in accordance with § 185-73.
E.
Cellular communications towers shall only be permitted by special
use permit in the following zones: GI, RE, and LM.
[Amended 12-4-2023 by Ord. No. 2023-12]
F.
An application for a dimensional variance from the specifications
in this section may be made in conjunction with a special use permit
for a cellular communications antenna array or cellular communications
tower.
All applications for permits to construct, install or erect
cellular communications towers or equipment shelters, or to install,
mount or erect cellular communications antenna arrays on existing
buildings or on other alternate antenna support structures, shall
be subject to the following:
A.
A building permit is required.
B.
An electrical permit is required.
C.
Payment of all permit and inspection fees.
D.
Proof of ownership of the land upon which a cellular communications
tower, antenna array or equipment shelter is proposed to be constructed,
installed, erected, mounted or attached or a copy of an appropriate
easement, lease, or rental agreement.
E.
A scaled plan and a scaled elevation view and other supporting drawings
and calculations, indicating color and other documentation; and showing
the location and dimensions of the relevant cellular communications
tower, cellular communications antenna array, equipment shelter and
any and all other devices and attachments, including electrical wiring,
cable, wire or other connective materials to and from the antennas
to the equipment shelter, and to and from the equipment shelter to
any existing or proposed wires, cables or other connective devices,
including conduit and ducts, whether owned, operated or managed by
the applicant, or by others, and a statement identifying the owner,
operator or manager of any wires, cables or connective devices that
enter or exist on or along any public street or right-of-way.
F.
The applicant shall supply a definition of the area of service and
indicate the current coverage capacity. The applicant shall supply
information showing that the proposed facility would provide the needed
coverage and/or capacity. The applicant shall provide a map or maps,
covering the entire Town and showing all existing, proposed or planned
sites of such carrier, including alternative sites from which the
needed coverage could also be provided, and indicating the zoning
for all such sites.
G.
Should an existing structure not be utilized, the applicant shall
provide evidence as to why such structure has not been utilized.
H.
The applicant shall indicate how the site will be designed to co-locate
future carriers, and how many of such carriers can be technically
accommodated. The application shall contain a statement that if the
site will physically support co-location, any co-location applicant
willing to sign a commercially reasonable lease shall be allowed to
co-locate.
I.
The application shall provide photo simulations from multiple views
or perspectives, showing the proposed appearance, to scale, of the
tower or antenna array in the affected area.
A.
All antennas shall comply with applicable Federal Communication Commission
and Federal Aviation Administration regulations. In accordance with
the federal Wireless Communications Act,[1] the Town shall not regulate the placement, construction,
and modification of cellular communications antenna arrays on the
basis of the environmental effects of radio frequency emissions to
the extent that such facilities comply with the Federal Communication
Commission's regulations concerning such emissions.
[1]
Editor's Note: See 47 U.S.C. § 609 et seq.
B.
A cellular communications tower shall be set back from all property
lines a minimum of one foot for each two feet of tower height.
C.
All tower supports, accessory equipment, equipment shelters, and
peripheral anchors, including guy wire anchors, shall be set back
from all property boundaries the minimum distance required for a principal
structure for the zoning district in which a cellular communications
tower is to be located, and shall comply with all other applicable
zoning requirements and building codes.
D.
Equipment shelters shall be obscured from view by being placed among
or surrounded by trees, shrubs or fences and shall be locked at all
times and shall be clearly labeled as to the person to be contacted
in the event of an emergency.
E.
To ensure the structural integrity of towers, the owner of a tower
shall ensure that it is constructed and maintained in compliance with
standards contained in the State Building Code,[2] as amended from time to time. Towers must be structurally
inspected by a registered engineer every 10 years, and a certificate
of such inspection shall be filed with the Building Official.
[2]
Editor's Note: See R.I.G.L. § 23-27.3-100.1 et seq.
F.
All telecommunications facilities and structures which have not been
used for a period of one year shall be considered abandoned and shall
be dismantled and removed at the owner's expense. The owner of such
facility shall remove same within 90 days of receipt of notice from
the Building Official. The applicant shall post a bond or cash security
with the Finance Director sufficient to cover the cost of removal
and restoration of the site prior to construction in any zone. The
amount of said bond or security shall be estimated by the Building
Official. If such antenna or tower is not removed within 90 days of
receipt of notice, the Town may take the necessary action to remove
the facility and restore the site to a condition consistent with the
character of the surrounding area, at the owner's expense.
In addition to the standards set forth in this article, the
Zoning Board of Review shall make affirmative findings of fact relative
to each of the following factors in determining whether to issue a
special use permit for the construction of a cellular communications
tower:
A.
Applicant has made reasonable efforts to utilize existing structures
for a cellular communications antenna array and that no other structures
are reasonably available within the area sought by the applicant to
produce adequate communications coverage for the applicant.
B.
Applicant has made reasonable efforts to avoid the necessity of erecting
a new tower, including but not limited to the construction of a permitted
structure on which a cellular communications antenna array could be
placed.
C.
Applicant's proposed tower comports with the surrounding topography,
tree coverage and other natural elements of the landscape of the proposed
site and applicant's property.
D.
Applicant's proposed tower comports with the design characteristics
that reduce or eliminate adverse impacts on the community including
type (guyed tower, lattice tower or monopole) of tower or antenna
array, color of tower or antenna array, and overall visual obtrusiveness.
[Amended 12-4-2023 by Ord. No. 2023-12]
All cellular communications antenna arrays, except public cellular
communications antenna arrays, and all cellular communications towers
shall be subject to development plan review, as set forth herein and
in the Subdivision and Land Development Regulations,[1] and appropriate camouflaging, landscaping and screening
shall be provided, pursuant to the design standards set forth in this
article.
The following design standards shall apply to all cellular communications
antenna arrays and cellular communications towers:
A.
For the erection of a cellular communications antenna array on an
existing structure, the proposed facility shall preserve or enhance
the preexisting character of the building or structure on which it
is located, as well as the surrounding buildings and land uses. All
components of the proposed facility shall be integrated through location
and design to be compatible with the existing characteristics of the
site to the extent practical. Existing on-site vegetation shall be
preserved or improved and the disturbance of the existing topography
shall be minimized, unless such disturbance would result in less visual
impact of the facility on the surrounding areas.
B.
For the erection of a cellular communications tower, the proposed
facility shall preserve or enhance the preexisting character of the
surrounding buildings and land uses as much as possible. All components
of the proposed facility shall be integrated through location and
design to be compatible with the existing characteristics of the site
to the extent practical. Existing on-site vegetation shall be preserved
or improved and the disturbance of the existing topography shall be
minimized, unless such disturbance would result in less visual impact
of the facility on the surrounding areas.
C.
Appropriate screening shall be installed at all tower sites to screen
views from adjacent properties and streets. Planting shall be of such
a height and density to ensure screening. Screening shall consist
of plant and/or tree material approved by the Director of Planning.
Screening shall not be less than five feet in width, nor less than
eight feet in height. Screening may be waived on those sides or sections
which are adjacent to undevelopable lands. The owner of the property
shall be responsible for all maintenance and shall replace any dead
plantings within 30 days.
D.
Towers shall either maintain a galvanized steel finish or, subject
to any applicable Federal Aviation Administration standards, be painted
a neutral color, so as to reduce visual obtrusiveness.
E.
At a tower site, the design of the buildings and related structures
shall use materials, colors, textures, screening and landscaping that
will blend the tower facilities to the natural setting and existing
environment.
F.
If an antenna is installed on a structure other than a tower, the
antenna and supporting electrical and mechanical equipment must be
of a neutral color identical to, or closely compatible with, the color
of the supporting structure so as to make the antenna and related
equipment as visually unobtrusive as possible.
G.
Towers shall not be artificially lighted, unless required by the
Federal Aviation Administration or other applicable authority. If
lighting is required, the permitting authority may review the available
lighting alternatives and approve the design that would cause the
least disturbance to the surrounding views.
[Amended 12-4-2023 by Ord. No. 2023-12]
H.
There shall be no signs, symbols, flags, banners or other devices
or things attached to or painted or inscribed upon any tower.
