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Town of Johnston
Town of Johnston Zoning Ordinance
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§ 340-157

Major land development review for new lattice towers

New lattice wireless communications towers shall be approved by the Zoning Board as a special use on property zoned industrial in accordance with § 340-156A and B and by the Planning Board as a major land development project in accordance with the Johnston Land Development and Subdivision Review Regulations. Said towers are prohibited in all other zoning districts.

  • A. Procedure.
    • (1) All applicants must attend a preapplication conference with the Administrative Officer and Zoning Official to familiarize applicants with Town regulations.
    • (2) Concept plan, master plan, preliminary plan and final plan approval by the Planning Board shall be required in accordance with the Town of Johnston Land Development and Subdivision Review Regulations as a major land development project. The Planning Board shall have the right to impose certain conditions to protect health, safety and welfare.
    • (3) Approval shall be subject to Zoning Board approval of a special use permit, in accordance with § 340-156.
    • (4) Town Council approval shall be required for all facilities to be located on Town property.
  • B. Additional requirements for Planning Board review.
    • (1) Separation distances from residential use. Lattice towers shall be adequately separated from residential uses located both on and off of the subject parcel. Separation distances shall be measured from the base of the tower to the foundation of the closest residential use or to the property line of vacant residentially zoned property and shall comply with either of the following minimum standards:
      • (a) Two hundred feet or 300% of the tower height, whichever is greater, to single-family units, including mobile homes, duplex units, or residential zone line other than R-7 if the property is not developed.
      • (b) One hundred feet or 150% of the tower height, whichever is greater, to existing multifamily units greater than duplex units, or R-7 Zone line if the property is not developed.
    • (2) Lot size. Telecommunications towers shall not be located on any lot less than 20,000 square feet in area. The dimensions of the entire lot shall be used, whether or not the tower is to be located on a leased parcel within such lot, in order to determine compliance with Town development regulations, including but not limited to setback and lot coverage requirements.
    • (3) Setbacks. The fall zone shall not extend into any dimensional front, side or rear yards of the subject property as defined in § 340-9. Telecommunications facilities including guy wires and accessory buildings shall meet all setback requirements for the district in which they are located. For purposes of this article, all buildings and other structures for communications equipment shall be considered part of the principal use for setback requirements.
    • (4) Fall zone. Communications towers shall be located on the site so as to provide for a fall zone in which no structures may be placed except associated structures for telecommunications equipment, storage sheds, garages, and other unpopulated buildings. The purpose of this zone is to safeguard citizens and property during hurricanes and other storms from the dangers of a falling or collapsing tower structure and windborne objects or debris from the structure.
    • (5) Co-location. Communications towers shall be designed for and shall be permitted as a special use to accommodate additional co-locations of antennas. A statement signed by the owner or an authorized agent shall acknowledge that the tower will be designed and constructed to accommodate the equipment of a minimum of four additional competitive carriers and shall agree to provide for the shared use of the tower at reasonable and prevailing market lease rates.
    • (6) Tower design. A plan shall be provided by a professional engineer registered in the State of Rhode Island showing the design of the tower, including a cross-section view, elevations, and a description of capacity, with the number and type of antennas to be accommodated, as well as the proposed location of all mounting positions for four additional co-located antennas and the minimum separation distances between antennas. A tower which is modified or reconstructed to accommodate the co-location of an additional antenna shall be subject to this requirement.
    • (7) Site plan. The applicant shall provide a scaled site plan prepared by a licensed land surveyor clearly indicating the following:
      • (a) Location, type and height of the proposed tower;
      • (b) Fall zone and setbacks;
      • (c) Other structures and uses or activities on site and on all properties within 200 feet of its perimeter;
      • (d) Adjacent roadways;
      • (e) Proposed means of access;
      • (f) Elevation drawings of the tower and all other proposed structures;
      • (g) Topography;
      • (h) Proposed parking areas;
      • (i) Zoning classification for the site and adjacent property on all sides;
      • (j) Surrounding tree coverage and height of foliage;
      • (k) Proximity to sensitive resource areas, including historic, scenic, wetlands, or threatened and endangered habitats; and
      • (l) Other information deemed necessary by the Administrative Officer to assess compliance with this article.
    • (8) Certification. Certification by a licensed structural engineer that the design of any new communications tower or substantial modification of an existing tower will comply with the latest version of the American Institute of Steel Construction Code Standards (TIA/EIA-22-F) and American Concrete Institute (ACI 318) Standards.
    • (9) Future wireless facility locations. A description of the feasible location(s) of future towers or antennas within the Town based upon existing physical, engineering, technological or geographical limitations in the event the proposed tower is erected.
    • (10) FAA. A report or letter from the FAA indicating a lack of objection to the proposed tower or that the design of the proposed tower does not violate applicable FAA requirements.
    • (11) Height. The height of a structure shall be in accordance with the fall zone requirements provided in § 340-157B(4).
    • (12) Lighting. Telecommunications towers and antennas shall not be illuminated and shall not display any lights, unless:
      • (a) One or more lights are specifically required by the FAA or other governmental authority; and
      • (b) The requirement for lights cannot be eliminated by reducing the height of the tower and/or antenna to the minimum height at which its intended use is feasible. In this instance, the lighting shall be designed to cause the least disturbance possible to surrounding views.
    • (13) Signs. Each telecommunications tower site shall display a nonilluminated identification sign containing the corporate name of the owner and an emergency telephone number. At the owner's option, the sign may also contain a corporate logo and/or a mailing address, but no other information or graphics. The sign shall be:
      • (a) Made of durable, graffiti-resistant material;
      • (b) Not greater than three square feet in area; and
      • (c) Posted in a place visible to the general public. No other signs shall be displayed on the tower or at the site unless expressly required by a federal or state agency.
    • (14) Accessory equipment structures. Accessory equipment structures at tower sites shall not contain more than 150 square feet of gross floor area for all accessory equipment for all carriers or be more than 15 feet in height. Accessory equipment structures may be partially or completely located underground, and underground space shall not be counted in determining the maximum size of the structure. Wireless communications equipment shall not be considered accessory uses pursuant to § 340-9 and is not permitted within the front, side or rear yards of the parcel.
    • (15) Aesthetics. Buildings and related structures at tower sites shall blend, to the extent possible, with the natural setting and surrounding buildings through materials, colors, textures, screening, and landscaping. The applicant shall provide a landscape plan showing specific landscape materials and fencing details and color.
    • (16) Visual impact preview. All applicants shall comply with the following visual impact requirements:
      • (a) Comparative height illustration. The purpose of this requirement is to show the relative height of a proposed telecommunications tower as compared to landmarks familiar to Johnston residents.
        • [1] Applicants shall submit visual impact demonstrations using computer-generated photographic simulations of the proposed facility as it would be seen from all angles. Simulated views shall be provided from the maximum distance from which any portion of the structure will be visible. Views shall be provided from residential areas, public rights-of-way, public parks, and other sites as deemed appropriate by the Administrative Officer.
        • [2] Visual impact demonstrations shall be submitted comparing the proposed facility to an existing lattice tower facility familiar to residents or such other structure that may be recommended by the Administrative Officer.
      • (b) The applicant shall successfully demonstrate that the proposed tower will have minimal visual impact. The term "minimal visual impact" means that there are no other reasonably available sites in the Town that will provide the same level of telecommunications service with less visual impact than the proposed facility, as measured by the standards set forth in this section. The fact that another site would require more towers or other facilities to achieve the same level of service may be taken into consideration but shall not be determinative if the other site would have less overall visual impact. In determining whether the minimal visual impact requirement has been satisfied, the Board shall consider, among other factors:
        • [1] The height of the proposed tower as compared to the height of other nearby structures, the elevation of the site, and the distance from which the tower would be observable from various locations in the Town; and
        • [2] Telecommunications tower sites shall be landscaped with a buffer of plant materials that effectively screens the view of the base of the tower and any accessory equipment structures from adjacent property. Existing mature tree growth and natural land forms on the site shall be preserved to the maximum extent possible. In some cases, such as when towers are sited on large, wooded lots, natural growth around the property perimeter may provide a sufficient buffer. In locations where the visual impact of the tower would be minimal, landscaping requirements may be reduced or waived.
    • (17) Fencing. Telecommunications towers, including any guy wires and accessory equipment structures, shall be surrounded at a minimum distance of 10 feet with opaque climb-resistant fencing eight feet high. Gates allowing access to the tower shall be of the same material and height as the fence and shall be equipped with strong weatherproof locks. Any ladder or other means of climbing to the tower shall be separately protected against unauthorized climbing by a lock or other means.
    • (18) Building codes and safety requirements. To ensure the structural integrity of a tower, the owner of a tower shall ensure that it is maintained in compliance with standards contained in applicable state or local building codes and the applicable standards for towers that are published by the Electronic Industries Association, as amended from time to time.
      • (a) If, upon inspection, the Town concludes that a tower fails to comply with such codes and standards and constitutes a danger to persons or property, then upon notice being provided to the owner of the tower, the owner shall have 30 days to bring such tower into compliance with such standards.
      • (b) Failure to bring such tower into compliance within the 30 days shall constitute grounds for the removal of the tower or antenna at the owner's expense.
    • (19) State or federal requirements. All towers must meet or exceed current standards and regulations of the FAA, the FCC, and any other agency of the state or federal government with the authority to regulate towers and antennas. If such standards and regulations are changed, then the owners of the towers and antennas governed by this article shall bring such towers and antennas into compliance with such revised standards and regulations within six months of the effective date of such standards and regulations, unless a different compliance schedule is mandated by the controlling state or federal agency. Failure to bring towers and antennas into compliance with such revised standards and regulations shall constitute grounds for the removal of the tower or antenna at the owner's expense, in accordance with § 340-158 through the execution of the posted security.
    • (20) The applicant shall comply with the requirements provided in § 340-158.

Editor's Note: The most current regulations are on file in the Town offices.