Procedure for approval

A. As part of the building permit process, the Building/Zoning Official may approve, by right or by right with conditions, the following wireless communications facilities (assuming that the facilities meet FCC regulations):
- (1) Co-location of antenna array systems on an existing or approved wireless telecommunications tower, provided that:
  - (a) The antenna complies with all applicable building codes;
  - (b) Structural analysis is conducted, as required by the Building Official and stamped by a Rhode Island registered professional engineer indicating that the structure is appropriate for the proposed load;
  - (c) Ground-level facilities meet the landscaping requirements in § 340-27.2;
  - (d) An electromagnetic study is conducted to demonstrate that there will be no interference with existing signals;
  - (e) The owners of the tower upon which antenna arrays are proposed for co-location shall comply with the requirements of § 340-158; and
  - (f) A copy of the lease or other agreement by which the owner of the tower permits co-location shall be filed with the Zoning Official within 30 days after it has been signed or before installing the additional antenna, whichever occurs first. Before the lease or agreement is filed, it may be edited to block disclosure of financial or other sensitive information.
- (2) Installation of antennas, not towers, upon the roof of any building, 10 stories or higher, located within any zoning district.
- (3) Installation of pole-mounted antennas, including distributed antenna systems on existing utility poles or standards, if the applicant has demonstrated that the need for wireless telecommunications services cannot be reasonably satisfied by using an existing or approved tower or by using or constructing one or more disguised facilities. Pole-mounted antennas shall be of a color that is identical to or closely compatible with the color of the structure on which they are mounted.
- (4) Disguised facilities located within existing buildings. The applicant shall have the burden of proof to demonstrate that no component of the system will be visible from the exterior.
- (5) Monopole construction in industrial zones.
- (6) The applicant shall pay an administrative fee of $1,000 for review.
- (7) The applicant shall prepare a two-hundred-foot radius map and submit a mailing list of all property owners to the Town. The Building/Zoning Official shall mail notice to all property owners within the two-hundred-foot radius via first-class mail, requesting comments within 14 days of the date of said notice.
- (8) The applicant shall comply with the requirements provided in §§ 340-156 and 340-157.
B. Special use permits shall comply with §§ 340-156 and 340-8 with regard to the following:
- (1) A new lattice tower construction;
- (2) A monopole construction in the R-15, R-20, R-40, B-2, B-3 and PMUD Zones;
- (3) A building- or structure-mounted facility; and
- (4) A disguised facility in a new structure or within a preexisting structure with visibility from the exterior.
C. If it is demonstrated that the purposes of the federal Telecommunications Act cannot be achieved without the construction of a new lattice tower or modification of an existing tower, approval for such facility will be subject to review and approval as a major land development in accordance with the Town of Johnston Land Development and Subdivision Review Regulations by the Planning Board in accordance with § 340-157 and a special use permit by the Zoning Board in accordance with § 340-156.