Procedure For Proposed Development

(A) No wireless telecommunications facility shall be established or substantially modified in any zoning district until a land development project application is approved in accordance with the procedures set forth in the Middletown Rules and Regulations Regarding the Subdivision and Development of Land. In addition, all facilities to be located on public property, such as pole-mounted antennas on structures on a public street, shall be approved by the Town Council and shall be maintained and operated under the terms of a license or lease approved by the Town Council.

(B)Notice.All notice requirements for the land development project application and special use permit shall apply to applications under the subchapter, except that applications to construct or substantially modify a communications tower shall also require notice by first class mail to:

(1) All owners of real property located within 1,000 feet of the proposed tower site; and

(2) The Rhode Island Airport Corporation.

(C)Burden of proof.The applicant shall have the burden of producing evidence to satisfy all applicable requirements and standards set out in the subchapter.

(Ord. passed 10-30-06; Am. Ord. 2025-9, passed 2-18-25)