Communication installations

[Amended 9-27-1999 by Ch. No. 1277]

• A. Purpose: The general purposes of this section are:
  • (1) To provide for the placement and construction of telecommunication facilities including the following types of towers included but not limited to broadcasting towers, two-way radio towers, fixed point microwave dishes, commercial satellites, receiving dishes, cellular and PCS towers.
  • (2) To manage the total number of towers, and/or antennas throughout the Town.
  • (3) To encourage installation of towers and/or antennas in areas where adverse impacts upon the Town are minimized.
  • (4) To encourage towers and/or antenna configuration which minimizes adverse visual impact on the Town.
  • (5) To encourage collocation of tower and facilities.
  • (6) To support the objective of communication providers and delivering telecommunication service to the community quickly, effectively, and efficiently.
• B. Location:
  • (1) Communication tower installations shall be permitted in the following locations, but subject to development plan review and approval by the Planning Board:

    [Amended 5-15-2000 by Ch. No. 1300; 1-11-2010 by Ch. No. 1697]

    AP 85	Lot 2	(Westerly Charlestown border)
    AP 55	Lot 1	(Quarry Road — Bradford)
    AP 47	Lot 112	(High Street, Ashaway Road)
    AP 80	Lot 1A	(Cedar Swamp/Town Wellhead Site)
    AP 59	Lot 78-1	(Westerly Landfill Site)
    AP 57	Lot 358	(Ward Avenue, High School Athletic Field)
    AP 124	Lot 6	(Old Post Road - near Charlestown)
    AP 85	Lot 1	(Westerly Charlestown border)
    AP 75	Lot 1	(Westerly Charlestown border)
    AP 15	Lot 14	(Bradford Dyeing Association) except that portion within 300 feet of the river bank and/or residential uses.
    AP 52	Lot 3A	(29-33 Old Carriage Road) AP 52, Lot 3A, subject to the condition that the cell tower pole be sized for a future three-phase electrical extension.

  • (2) Communication antennas shall be permitted as accessory to existing structures subject to development plan review and approval by the Planning Board. Communication antennas, other than public safety antennas, shall not be permitted on or as accessory to Town water towers.

    [Amended 8-15-2000 by Ch. No. 1314]

  • (3) Communication installations will be permitted by special use permit of the Zoning Board of Review in the following locations (preceded by development plan review and approval by the Planning Board):
    • (a) All General Industrial Zones.
    • (b) All Light Industrial Zones.
    • (c) All Open Space and Recreation Zones.
    • (d) All Commercial Recreational Zones.
  • (4) The Zoning Board of Review will give a preference for the use of existing structures and towers, instead of the construction of new telecommunication tower facilities. All reasonable efforts shall be made for collocation on existing structures and towers. The Zoning Board of Review shall, as a condition of approval for the construction and continued use of a new telecommunication tower, require that the applicant, its successors and/or assign not unreasonably delay or refuse to allow the collocation of equipment, antennas or ancillary equipment or structures on the telecommunication tower or on the site by future applicants for similar special use permit.
  • (5) The Zoning Board of Review shall give a preference to Town-owned sites which meet the requirements of the applicant.

    [Amended 9-27-1999 by Ch. No. 1277]

• C. Application requirements:

  [Amended 9-27-1999 by Ch. No. 1277]

  • (1) All applicants for communication installation shall provide the following information to the Planning Board and/or Zoning Board:
    • (a) Site and landscape plans drawn to scale including tower location and all accessory buildings and equipment and structures.
    • (b) A report including a description of the tower with technical reasons for its design.
    • (c) Documentation establishing the structural integrity for the tower's proposed use.
    • (d) The general capacity of the tower, and information necessary to assure that ANSI standards are met.
    • (e) A statement of intent on whether excess space will be leased.
    • (f) Proof of ownership of the proposed site or authorization to utilize it.
    • (g) Copies of any easements necessary.
    • (h) An analysis of the area containing existing topographical contours.
  • (2) In all cases where a special use permit is required, for a continuous period of two consecutive days (to be selected by the Town Planner), a helium balloon of sufficient size and color or other similar visible structure shall be placed at the location of the proposed telecommunication tower and flown or placed at the maximum proposed tower height.
• D. Development standards: The following standards shall apply to all applications:

  [Amended 9-27-1999 by Ch. No. 1277]

  • (1) A reasonable effort shall be made to utilize existing structures for telecommunications antennae. Should an existing structure not be utilized, evidence as to why not shall be submitted.
  • (2) Town-owned sites which are located in the prospective development area and which could potentially accommodate the proposed antennae and communication towers shall be identified.
  • (3) A communication tower shall be set back from all property lines so that its fall zone is outside abutting property as determined by the Planning and/or Zoning Board. All guy wires and guyed towers shall be clearly marked so as to be visible at all times, and all guy wires shall be set back from all property boundaries the minimum of the zoning district in which they are located.
    • (a) All communications tower supports and peripheral anchors shall be located entirely within the boundaries of the development site and shall be set back from all property boundaries the minimum of the zoning district in which the communication tower is located, but no less than 25 feet. When located in or abutting a residential district or Historic Overlay District, the minimum distance shall be 35 feet. Supports and/or peripheral anchors shall not encroach upon the minimum landscaped screening requirement. All supports and anchors shall have at a minimum a ten-foot horizontal setback from any overhead utility line.
    • (b) Communication equipment buildings and structures shall be considered accessory uses and comply with the following setback:
      • [1] One hundred square feet or less shall be set back from all property boundaries a minimum of 15 feet, unless located within or abutting a residential district or Historic Overlay District which shall require a minimum of 25 feet;
      • [2] Greater than 100 square feet shall be set back from all property boundaries a minimum of 25 feet, unless located within or abutting a residential district or Historic Overlay District which shall require a minimum of 35 feet.
  • (4) Communication towers shall be constructed and situated in such a manner as to fit in with the topography and features of the surrounding environment. The Planning and/or Zoning Board shall insure that towers shall be screened from all adjacent properties and streets, and appropriately camouflaged if required. Existing vegetation shall be preserved to the maximum extent possible and may be used as a substitute for or supplement towards meeting the landscaped screening requirement. The owner of the property shall be responsible for all maintenance and shall replace any dead plantings within 30 days.
  • (5) Communication tower equipment, buildings and base structures shall be enclosed by a fence no less than eight feet in height and not more than 10 feet in height from finished grade. Access shall be through a locked gate. Said fence shall be of such material as approved by the Planning and/or Zoning Boards.
  • (6) Communication towers shall not be artificially lighted except as required for public safety purposes, by the Federal Aviation Administration (FAA), or by the Town.
  • (7) No signs shall be allowed on any communication tower except as required for public safety purposes, by the Federal Communications Commission (FCC) or by the Town.
  • (8) Communication antennas attached to a structure shall conform to the following:
    • (a) The antennas are not higher than 20 feet above the highest point of the structure;
    • (b) The antennas comply with applicable FCC and FAA regulations; and
    • (c) The antennas comply with all applicable zoning requirements and building codes.
    • (d) Antennas on existing structures shall be constructed so as to blend into the appearance of the structure. The applicant shall bear the burden of demonstrating its compliance with the requirement before the Planning Board.
  • (9) The Planning and/or Zoning Board shall regulate height of all towers based upon topography, features of the surrounding environment and visibility provided that in no event may the height of any tower exceed 250 feet.

    Editor's Note: Former Subsection D(10), regarding appearance of antennas on existing structures, which immediately followed this subsection, was repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

• E. Abandonment. The owner of any existing tower or telecommunication facility (including small antennas and other facilities mounted on rooftops) shall provide the Town Zoning Official with a copy of the notice to the FCC of intent to cease operations and, in any event, shall have 90 days from the date of cease in operations to remove the obsolete tower and accessory structures and return the premises to its preexisting condition as nearly as practicable at the owner's sole cost and expense. Failure to comply with this provision shall subject the owner to the penalties provided for in § 260-26 of this chapter.

  [Amended 9-27-1999 by Ch. No. 1277]