Town of East Greenwich, RI Article XII Telecommunications Towers

[Added 8-25-2003 by Ord. No. 737; amended 6-6-2005 by Ord. No. 755]

§ 260-68 Purpose and intent.

A. The purpose of this article is to establish general guidelines for the siting of wireless communications towers and antennas. It is specifically recognized that this article is subordinate to the Federal Telecommunications Act of 1996. If any provision of this article is found to be in conflict with the Federal Telecommunications Act of 1996, it is the Federal Telecommunications Act of 1996 that will be controlling.

B. The goals of this article are to:

(1) Protect residential areas and land uses from potential adverse impacts of towers and antennas;

(2) Encourage the location of towers in nonresidential areas;

(3) Minimize the total number of towers throughout the community;

(4) Strongly encourage the joint use of new and existing tower sites as a primary option rather than construction of additional single-use towers;

(5) Encourage users of towers and antennas to locate them, to the extent possible, in areas where the adverse impact on the community is minimal;

(6) Encourage users of towers and antennas to configure them in a way that minimizes the adverse visual impact of the towers and antennas through careful design, siting, landscape screening, and innovative camouflaging techniques;

(7) Encourage users of antennas to locate them, to the extent possible, inside of existing clock towers, bell steeples, church steeples and similar structures, and on existing light poles, signs and other similar structures, in such a manner as to minimize the adverse visual impact of the antennas;

(8) Enhance the ability of the providers of telecommunications services to provide such services to the community quickly, effectively and efficiently; and

(9) Avoid potential damage to adjacent properties from tower failure through engineering and careful siting of tower structures.

C. In furtherance of these goals, East Greenwich shall give due consideration to the Town's Comprehensive Community Plan, Zoning Map, existing land uses, and environmentally sensitive areas in approving sites for the location of towers and antennas.

§ 260-69 Definitions.

As used in this article, the following terms shall have the meanings set forth below:

ANTENNA

Any exterior transmitting or receiving device mounted in or on a tower, building or structure and used in communications that radiate or capture electromagnetic waves, digital signals, analog signals, radio frequencies (excluding radar signals), wireless telecommunications signals or other communication signals.

FAA

Federal Aviation Administration.

FCC

Federal Communications Commission.

HEIGHT

When referring to a tower or other structure, the distance measured from the finished grade of the parcel to the highest point on the tower or other structure, including the base pad and any antenna.

PREEXISTING TOWERS AND PREEXISTING ANTENNAS

Any tower or antenna for which a building permit or special use permit has been properly issued prior to the effective date of this article, including permitted towers or antennas that have not yet been constructed so long as such approval is current and not expired.

TOWER

Any structure that is designed and constructed primarily for the purpose of supporting one or more antennas for telephone, radio and other communication purposes, including self-supporting lattice towers, guyed towers, or monopole towers. The term includes radio and television transmission towers, microwave towers, common-carrier towers, cellular telephone towers, and the like. The term includes the structure and any support thereto.

§ 260-70 Applicability.

A. New towers and antennas. All new towers and antennas in East Greenwich shall be subject to these regulations.

B. Amateur radio station operators/receive-only antennas. This article shall not govern any tower, or the installation of any antenna, that is under 70 feet in height and is owned and operated by a federally licensed amateur radio station operator or is used exclusively for receive-only antennas.

C. Preexisting towers or antennas. Preexisting towers and preexisting antennas shall not be required to meet the requirements of this article, other than the requirements of § 260-71G and H.

D. AM array. For the purposes of implementing this article, an AM array, consisting of one or more tower units and supporting ground system which functions as one AM broadcasting antenna, shall be considered one tower. Measurements for setbacks and separation distances shall be measured from the outer perimeter of the towers included in the AM array. Additional tower units may be added within the perimeter of the AM array by right.

§ 260-71 General requirements.

A. Permitted zoning districts. Telecommunications towers shall be permitted by special use permit issued after public hearing by the Zoning Board of Review in the districts noted on Table 1,[1] subject to the provisions of this article and the underlying zoning district. Telecommunications towers shall be prohibited in all other zoning districts except by a use variance from the Zoning Board of Review.[2]

[1] Editor's Note: Table 1, Table of Permitted Uses by Zone, is attached to this chapter.

[2] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. IV).

B. Antennas. Telecommunications antennas not attached to a telecommunications tower may be permitted by special use permit issued after public hearing by the Zoning Board of Review as an accessory use to any commercial, industrial, office, institutional or public utility structure, provided that:

(1) The antenna is completely contained within the structure.

(2) Any communication equipment or accessory building complies with all other applicable zoning requirements and building codes.

(3) All requirements for public notice and public hearing as otherwise requited by this article and by this chapter are met.

C. Public notice. For the purposes of this article, any special use request, use or dimensional variance request or appeal of a special use shall require public notice to all abutting property owners in addition to any notice otherwise required by this chapter.

D. Historic District. Telecommunications towers shall be prohibited in the Historic District and within 500 feet of any outlying historic structure as identified in Article XI, § 260-58, of this chapter except by a use variance from the Zoning Board of Review and a certificate of approval from the Historic District Commission.

E. Evidence. Applications for a use variance or a special use permit shall be accompanied by evidence that the proposed tower cannot be located in a permitted district. Such evidence shall consist of the following information for a minimum of three sites:

(1) Site plans;

(2) Photographs of the site and surrounding areas; and

(3) Written documentation of the lack of a site in a permitted district.

F. Removal of abandoned towers. Any telecommunications tower that is not operated for a continuous period of 12 months shall be considered abandoned. The owner of an abandoned tower is required to remove the same within 90 days of receipt of notice from the Town notifying the owner of the abandonment. Failure to remove an abandoned tower shall be grounds to remove the tower at the owner's expense. If there are two or more users of a single tower, then this provision shall not become effective until all users cease using the tower.

G. Inventory of existing sites. Each applicant for an antenna and/or tower shall provide to the Zoning Enforcement Officer and Planning Director an inventory of its existing towers, antennas and/or sites approved for towers or antennas, that are either within the jurisdiction of East Greenwich or within one mile of the border thereof, including specific information about the location, height and design of each tower. The Zoning Enforcement Officer and Planning Director may share such information with other applicants applying for special use permits or use variances under this article or other organizations seeking to locate antennas within the jurisdiction of East Greenwich; provided, however, that the Zoning Enforcement Officer and Planning Director are not, by sharing such information, in any way representing or warranting that such sites are available or suitable.

H. State or federal requirements. All towers and antennas 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 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 or 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.

I. Building codes; safety standards. To ensure the structural integrity of towers, 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. 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. Failure to bring such tower into compliance within said 30 days shall constitute grounds for the removal of the tower or antenna at the owner's expense.

J. Municipal use. Towers shall provide space for Town of East Greenwich municipal use at no cost to the Town.

K. Performance bond. Each applicant shall post a performance bond with the Town of East Greenwich to cover the cost of removal of its abandoned tower(s) and the cost of maintaining its tower(s) in accordance with building codes and safety standards and, if applicable, FAA regulations.

§ 260-72 Development standards.

The following standards shall apply to all applications:

A. A reasonable effort shall be made to utilize existing structures for telecommunications antennas. Should an existing structure not be utilized, evidence as to why an existing structure is not to be utilized shall be submitted.

B. Town-owned sites that are located in the prospective development area and which could potentially accommodate the proposed antennas and communication towers shall be identified.

C. Communication towers shall be set back from all property lines a minimum of one foot for each one foot of tower height. When the property abuts a residential district or historic district, the setback distance shall be 1 1/2 feet for each one foot of tower height. 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.

D. All communication 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 district, the minimum setback 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.

E. Communication equipment buildings and structures shall be considered accessory uses and comply with the following setbacks:

(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 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 district, which shall require a minimum of 35 feet.

F. Communication towers shall be constructed and situated to fit in with the topography and features of the surrounding environment. Towers shall be completely screened from all adjacent properties and streets, and appropriately camouflaged if required. Plantings shall be of a height and density to ensure complete screening. Screening shall consist of plants and/or trees accepted by the Chapter A263, Development and Subdivision Review Regulations, or as accepted by the Director of Planning. Screening shall comprise 10% of the minimum established setback requirement, but shall not be less than five feet in width unless located in or abutting a residential district or historic district, which will require that it not be less than 10 feet in width. Screenings may be waived by the Zoning Board of Review on those sides or sections that are adjacent to undevelopable land or land not in public view. 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.

G. Communication towers shall be enclosed by a fence no less than eight feet in height or more than 10 feet in height from finished grade. Access shall be through a locked gate. Communication towers in or abutting a residential district or historic district shall have opaque fencing made of wood or stone. The Town of East Greenwich reserves the right to choose the color of the tower.

H. Communication towers shall not be artificially lighted except as required for public safety purposes, by the Federal Aviation Administration (FAA), or by the Town.

I. 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.

J. Separation distance between towers.

(1) Communication towers shall be located so as to comply with the following standards for the minimum separation distance from existing communication towers and/or communication towers that have received a valid special use permit:

	Minimum Separation Between Towers (by tower type)
	Proposed Tower Type	Self-Supporting	Guyed	Monopole - 75 Feet in Height or Greater	Monopole - Less than 75 Feet in Height
	Self-supporting	3 miles	3 miles	1.5 miles	2,500 feet
	Guyed	3 miles	3 miles	1.5 miles	2,500 feet
	Monopole - 75 feet in height or greater	1.5 miles	1.5 miles	1.5 miles	2,500 feet
	Monopole - less than 75 feet in height	2,500 feet	2,500 feet	2,500 feet	2,500 feet

(2) Separation distances shall be calculated and applied respective of jurisdictional boundaries.

§ 260-73 Nonconforming uses.

A. Not an expansion of nonconforming use. Towers that are constructed and antennas that are installed in accordance with the provisions of this article shall not be deemed to constitute the expansion of a nonconforming use or structure.

B. Preexisting towers. Preexisting towers shall be allowed to continue their usage as they presently exist. Routine maintenance (including replacement with a new tower of like construction and height) shall be permitted on such preexisting towers. New construction other than routine maintenance on a preexisting tower shall comply with the requirements of this article.

C. Rebuilding damaged or destroyed nonconforming towers or antennas. Notwithstanding § 260-70C, bona fide nonconforming towers or antennas that are damaged or destroyed may be rebuilt without having to first obtain a special use permit. The type, height and location of the tower on site shall be of the same type and intensity as the original facility approved. Building permits to rebuild the facility shall comply with the then applicable building codes and shall be obtained within 180 days from the date the facility is damaged or destroyed. If no permit is obtained or if said permit expires, the tower or antenna shall be deemed abandoned as specified in § 260-71F.

§ 260-74 Effective date.

This article shall take effect August 25, 2003.