[HISTORY: Adopted by the Town Council of the Town of Barrington
as indicated in article histories. Amendments noted where applicable.]
[Adopted 1-7-2019 by Ord.
No. 2018-17]
For the purpose of this article, and the interpretation and
enforcement thereof, the following words and phrases shall have the
following meanings, unless the context of the sentence in which they
are used shall indicate otherwise:
To install, mount, maintain, modify, operate, or replace
wireless facilities on a pole, including an Authority pole, or on
a building, water tower or other structure, including an Authority
structure.
Any structure within a public way that is installed or approved
for installation at the time a wireless services provider or wireless
infrastructure provider provides notice to the Town of an agreement
with the owner of the structure to co-locate equipment on that structure.
"Existing structure" includes any structure within a public way that
is currently supporting, designed to support, or capable of supporting
the attachment of wireless facilities, including towers, buildings,
utility poles, light poles, flagpoles, signs, and water towers.
The federal administrative agency, or lawful successor, authorized
to regulate and oversee wireless service providers on a national level.
Any effort or expenditure taken or made to preserve, repair,
or improve existing wireless facilities or infrastructure in accordance
with generally accepted industry standards.
A small cell facility that is not larger in dimension than
24 inches in length, 15 inches in width, and 12 inches in height and
that has an exterior antenna, if any, not longer than 11 inches.
Utility poles, public utility facilities and wireless facilities
located above the surface of the ground, including the underground
supports and foundations for such facilities.
An individual, corporation, limited liability company, partnership,
association, trust, or other entity or organization, including an
authority.
The surface of and the space above and below any public street,
road, highway, avenue, sidewalk, way, bridge, viaduct, alley or other
public right-of-way, including nonpaved surfaces, now or hereafter
held by the Town for the purpose of public travel, communications,
alarm, streetlighting, power distribution, water or sewer easements
or similar public use.
Includes all public streets now or hereafter held or controlled
by the Town, but only to the extent of the Town's right, title,
interest or authority to grant a license to occupy and use such streets
and easements for communications facilities.
A new utility pole installed by an agreement between a grantee
and the owner of an existing utility pole pursuant to which the grantee
removes the existing pole and replaces it with the new pole in substantially
the same location, with the ownership of the new pole vesting in the
owner of the existing pole.
A wireless facility with an antenna of no more than six cubic
feet in volume and associated equipment with a cumulative volume no
larger than 28 cubic feet. The following types of associated equipment
may be located outside the primary enclosure and are not included
in the calculation of equipment volume: electric meter, concealment,
telecommunications demarcation box, ground-based enclosures, backup
power system, grounding equipment, power transfer switch, cut-off
switch, and cable and conduit run for the connection of power and
other services. Equipment that is concealed from public view within
or behind an existing structure or concealment is not included in
the volume calculations.
The State of Rhode Island.
Town-owned existing structures located within the public
way. Town facilities may include, by means of example, Town-owned
light poles and Town-owned traffic signal poles and structures.
Includes all real property owned by the Town, other than
public streets and utility easements, as those terms are defined herein,
and all property held in a proprietary capacity by the Town, which
is not subject to right-of-way franchising as provided by law. Town
property includes, but is not limited to, Town facilities.
Utility or wireless facilities located under the surface
of the ground, excluding the underground foundations or supports for
overhead facilities.
A structure owned, operated, or owned and operated by a public
utility, local government, or the state, that is designed specifically
for and used to carry lines, cables, or wires for communications,
cable television, or electricity.
Any nonexclusive, revocable license granted to a person to
use the public ways of the Town for the purposes of constructing,
installing, using, maintaining testing, inspecting, operating, repairing,
and removing wireless facilities.
Equipment at a fixed location that enables wireless communications
between user equipment and a communications network, including, but
not limited to:
Equipment associated with wireless services such as private,
broadcast, and public safety services, as well as unlicensed wireless
services and fixed wireless services such as microwave backhaul; and
Radio transceivers, antennas, coaxial or fiber-optic cable,
regular and backup power supplies, and comparable equipment, regardless
of technological configuration.
The term "wireless facilities" includes small wireless facilities
but does not include the structure or improvements on, under or within
which the equipment is co-located; wireline backhaul facilities; coaxial
or fiber-optic cable that is between wireless support structures or
poles; or coaxial or fiber-optic cable that is otherwise not immediately
adjacent to, or directly associated with, an antenna.
Any person, including a person authorized to provide communications
service in the state, that builds or installs transmission equipment,
wireless facilities, or wireless support structures, but that is not
a wireless services provider.
"Personal wireless services" as defined in 47 U.S.C. § 332(c)(7)(C)(i);
"Personal wireless service facilities" as defined in 47 U.S.C.
§ 332(c)(7)(C)(ii), including commercial mobile services
as defined in 47 U.S.C. § 332(d), provided to personal mobile
communication devices through wireless facilities; and
Any other fixed or mobile wireless service, using licensed or
unlicensed spectrum, provided using wireless facilities.
A person who provides wireless service as well as a person
who builds, installs, or maintains wireless communications transmission
equipment, wireless facilities or wireless support structures.
A freestanding structure, such as a pole, monopole, tower,
either guyed or self-supporting, or suitable existing structure or
alternative structure designed to support or capable of supporting
wireless facilities. "Wireless support structure" does not include
any telephone or electrical utility pole or any tower used for the
distribution or transmission of electrical service.
A.Â
The purpose of this article is to provide policies and procedures
for the placement of small wireless facilities in public ways within
the jurisdiction of the Town, which will provide a public benefit
consistent with the preservation of the integrity, safe usage, and
visual qualities of the Town public ways and the Town as a whole.
B.Â
It is the intent of this article to establish uniform standards to
address issues presented by small wireless facilities, including,
but not limited to:
(1)Â
Prevention of interference with the use of streets, sidewalks, alleys,
parkways, traffic light poles or other light poles, and other public
ways and places; and
(2)Â
Prevention of the creation of visual and physical obstructions and
other conditions that are hazardous to vehicular and pedestrian traffic
or undesirable for other reasons; and
(3)Â
Prevention of interference with other facilities and operations of
facilities lawfully located in the Town public ways or public property;
and
(4)Â
Protection against environmental damage, including damage to trees
or shrubbery, including, but not limited to, those items planted pursuant
to Town landscaping, zoning, tree preservation, or other Town policies;
and
(5)Â
Preservation of the character of neighborhoods in which wireless
facilities are installed; and
(6)Â
Preservation of the historical character of historic structures,
or historic neighborhoods; and
(7)Â
Facilitation of the rapid deployment of small cell facilities to
provide the citizens with the benefits of advanced wireless services;
and
(8)Â
Protection of public health.
A.Â
Co-location of a small cell facility or a new or modified utility pole or wireless support structure for the co-location of a small cell facility shall be a permitted use, subject to the restrictions in § 182-5 of this article.
B.Â
No person shall place a small cell facility in the public way without
first filing an application and obtaining a permit, except as otherwise
provided in this article.
C.Â
At its discretion, an applicant may file one consolidated application
to receive a single permit to co-locate small cell facilities at multiple
locations within the Town. Where one or more locations addressed in
a consolidated application do not meet the criteria of this article,
the Town shall allow the application as to all other locations.
D.Â
All small cell facility applications for permits filed pursuant to
this article shall be on a form, paper or electronic, as required
by the Town.
E.Â
The small cell facility permit application shall be made by the wireless
services provider, or its duly authorized representative, and shall
contain the following:
(1)Â
The applicant's name, address, telephone number and e-mail address;
(2)Â
The names, addresses, telephone numbers, and e-mail addresses of
all consultants, if any, acting on behalf of the application with
respect to the filing of the application;
(3)Â
A general description of the proposed work and the purposes and intent
of the small cell facility;
(4)Â
Verification from an appropriate professional that the small cell
facility shall comply with all applicable codes.
F.Â
Routine maintenance and replacement. An application shall not be
required for: routine maintenance; or the replacement of a small cell
facility with another small cell facility that is substantially similar
or smaller in size, weight, and height; provided, however, on a location
where the Town or another provider has placed equipment or facilities,
any routine maintenance or replacement that is done shall not occur
until written authorization to proceed is provided from the Town,
which authorization shall not be unreasonably withheld.
G.Â
Interference with public safety equipment. A small cell facility
shall be operated and maintained in a manner that does not interfere
with public safety equipment.
A.Â
The Town Council or its designee shall review the application for
a small wireless facility permit in light of its conformity with applicable
regulations of this article and shall issue a permit on nondiscriminatory
terms and conditions subject to the following requirements:
B.Â
The Town shall make its final decision to issue or deny the permit
within 60 days of the submission of a complete application.
A.Â
A permit from the Town authorizes an applicant to undertake only
certain activities in accordance with this article and does not create
a property right or grant any authority whatsoever to the applicant
to impinge upon the rights of others who may already have an interest
in the public ways.
B.Â
Unless construction has actually begun and is diligently pursued
to completion at that point, no permit for construction issued under
this article shall be valid for a period longer than 180 days, unless
both the Town and the applicant agree to a reasonable extension and
all required fees are paid for the term regardless of construction.
A.Â
The Town deems the right of public utilities to use public ways to
be permissive and subordinate to the reasonable exercise of the Town's
powers with respect to public ways. Thus, the cost of relocating a
small cell facility shall not be borne by the Town.
B.Â
The Town retains the right to cut or move any small cell facility
located within its public ways as the Town, in its sole discretion,
may determine to be necessary, appropriate, or useful in response
to any public health or safety emergency. If circumstances permit,
and in the sole discretion of the Town, the Town shall notify the
wireless provider of an opportunity to move its own facilities prior
to the Town cutting or removing a facility.
C.Â
Upon abandonment of a small cell facility within the Town public
ways, the wireless services provider shall notify the Town within
90 days of such abandonment.
D.Â
At any point where a wireless services provider fails to pay necessary
fee or annual payment to the Town, and fails to respond within 60
days to a written inquiry from the Town as to whether the wireless
services provider intends to continue to operate, the small cell facility
shall be deemed abandoned, and the Town may, at its sole option, remove
all or any portion of the small cell facility.
A.Â
Application fees. Unless otherwise provided by law, all applications
for permits pursuant to this article shall be accompanied by a fee
for actual, direct, and reasonable costs incurred by the Town related
to processing the application, but shall not exceed $100 each for
up to five small cell facilities addressed in the application and
$50 for each additional small cell facility.
B.Â
Annual rate. The rate to place small cell facilities on a Town-owned
pole in the public way shall be $150 per year. Such compensation,
together with the application fee, shall be the sole compensation
that the wireless services provider shall be required to pay the Town.
C.Â
A wireless services provider is authorized to remove its facilities
at any time from the public ways and cease paying the Town compensation
for use of the public ways as of the next due date for payment following
the removal.
