(1)

Purpose. This section regulates the placement of new telecommunication towers and accessory equipment and the addition of communication equipment to existing structures. The intent of this section is to:

(a)

Require the location of towers for telecommunication equipment in non-residential areas and minimize the number of towers in the community;

(b)

Strongly encourage the joint use of new and existing tower sites;

(c)

To minimize the following adverse impacts on the community:

1.

To prevent the degradation of scenic views that contribute to the character of the town.

2.

To prevent the degradation of neighborhood values that may result from the location of incompatible commercial land uses in residential areas of the town.

3.

To prevent or reduce public health hazards that may result from the operation of communications towers adjacent to or nearby residences.

(d)

Provide guidelines to facilitate the application process.

(e)

This article shall not govern any tower that is under fifty (50) feet in height and is constructed or installed for the following primary purposes:

1.

Two-way radio systems.

2.

Amateur radio, as well as other radio services utilized by individuals at their residences as a hobby.

3.

Residential television/satellite reception.

(2)

Definitions. As used in this section, the following terms are defined as follows:

Antenna means any exterior apparatus designed for telephonic, radio, or television communications through the sending and/or receiving of electromagnetic waves.

Cellular/PCS means telecommunications systems which utilize a network of towers over a geographical area and whose purpose is primarily to provide mobile telephone and messaging services. This includes but is not limited to cellular systems, personal communications services (PCS) and enhanced specialized mobile radio systems (ESMR)

Height is the distance measured from average finish grade to the highest point on the tower or other structure, even if said highest point is an antenna.

Tower means any structure that is designed and constructed primarily for the purpose of supporting one (1) or more antenna and related equipment.

(3)

General guidelines and requirements.

a.

Inventory of existing sites. Each applicant for a special use permit for an antenna and or tower shall provide to the building department an inventory of existing towers that are within the Town of Hopkinton and within eight (8) miles of the proposed tower location, including specific information about the location, height, design and antenna capacity of each tower. This information will be made publicly available. All applicants shall send certified mail announcements to those parties identified in the inventory declaring their sharing capabilities and siting needs.

b.

Federal requirements. All towers must meet standards and regulations in effect at the time of the application of any agency of the federal government with the authority to regulate towers and antennas. Subsequent failure to bring towers and antennas into compliance with revised standards and regulations shall constitute grounds for the removal of the tower or antenna at the owner's expense.

c.

Safety standards. The owner of a tower shall ensure that it is maintained in compliance with the Rhode Island State Building Code. If the building official concludes that a tower and/or antenna fails to comply with the Code, then the building official shall proceed in accordance with Chapter 27.3 of Title 23 of the R.I.G.L. entitled "State Building Code".

d.

Reporting standards. The permittee shall submit a report upon completion of construction and annually on January 1st, as well as a report every year thereafter, to the Building Official which provides quantified electromagnetic field (EMF) measurements and compares these measurements to current Federal and American National Standards Institute (ANSI) standards or subsequent standards. If the facility does not meet Federal and ANSI standards, the permit may be modified or revoked.

(4)

Special use permits.

a.

Information required. Each applicant requesting a special use permit under this article shall submit an application for a special use permit.

In addition, the applicant shall provide information on radio frequency coverage, tower height requirements, fencing, and other information deemed by the zoning board of review at the time of review of application for completeness to be necessary to assess compliance with this article.

b.

Suitability of existing towers or other structures for collocation. No new tower shall be permitted unless the applicant demonstrates to the reasonable satisfaction of the zoning board that no existing tower or structure can accommodate the applicant's proposed antenna. The zoning board of review may require the applicant to pay for the services of an independent consultant who will be selected by the zoning board of review. Evidence submitted to demonstrate that no existing tower or structure can accommodate the applicants proposed antenna shall include the following:

(1)

No existing towers or structures are located within the geographic area required to meet applicants engineering requirements.

(2)

Existing towers or structures are not of sufficient height to meet applicant's engineering requirements.

(3)

Existing towers or structures do not have sufficient structural strength to support applicant's proposed antenna and related equipment.

(4)

The fees, costs, or contractual provisions required by the owner in order to share an existing tower or structure or to adapt an existing tower or structure for sharing are unreasonable. Costs exceeding new tower development are presumed to be unreasonable.

(5)

The applicant demonstrates that there are other limiting factors that render existing towers and structures unsuitable.

(6)

Except in cases where mechanical, structural or regulatory factors prevent them from sharing, applicants cannot be denied or deny space on a tower.

(7)

All towers shall be available for use by the town's public safety agencies' radio communications equipment, free of tower rental fees providing that such use is reasonable, poses no technical difficulties and does not compromise the mechanical integrity of the tower.

(5)

Design standards. The following design standards shall apply to all towers and antennas.

a.

Minimum capacity. Any tower initially constructed for the primary use of a cellular type communications network and/or personal communications services (PCS) network shall be designed and constructed to accommodate at least three (3) typical cellular/PCS systems.

b.

Height, setbacks and separation.

(1)

Tower height shall be the least minimum feasible and operable height possible which is consistent with the technical evidence for the radial area and the terrain being served, provided however that the maximum height shall be no greater than one hundred seventy-five (175) feet.

(2)

Towers shall be set back a distance equal to three (3) times the tower height from any residential structure, zoning district boundary or lot line, whichever is closer.

(3)

Guys and accessory facilities must satisfy the minimum zoning district setback requirements for accessory structures.

(4)

Tower separation shall be maximized and the applicant shall provide technical evidence that the proposal identifies a maximum separation.

c.

Visual and aural impacts

(1)

In order for the town to assess the visual impact of the proposed tower the applicant shall be required to fly a helium balloon at the proposed tower location and flown at the proposed height for a period of five (5) days, providing such an operation poses no safety hazard. The balloon shall be of an orange or red color, shall be a minimum of two and one-half (2.5) feet in diameter, shall be securely anchored and shall be of durable construction to withstand the testing period. The dates of this operation and its intended purpose shall be announced in a public notice in the local newspaper.

(2)

Unless otherwise required by FAA regulations, conventional lattice type towers shall maintain a galvanized steel finish so as to reduce visual obtrusiveness. Monopole type towers shall be painted a light, sky blue color to blend into the skyline.

(3)

Buildings and related structures shall use materials, colors, textures, screening, and landscaping that will blend the tower facilities into the natural setting.

(4)

If an antenna is installed on a structure other than a tower, the antenna and supporting electrical and mechanical equipment must be of a color so as to make the antenna and related equipment as visually unobtrusive as possible.

(5)

Towers shall not be artificially lighted unless required by any agency of the federal government with the authority to regulate towers and antennas.

(6)

Noise. The applicant shall provide a statement listing the existing and maximum future projected measurements of noise from the proposed facilities, measured in decibels Ldn (logarithmic scale, accounting for greater sensitivity at night), for the following:

a.

Existing, or ambient (the measurements of existing noise);

b.

Existing plus proposed facilities (the maximum estimate of noise from the proposed facility plus the existing noise environment).

Such statements shall be certified and signed by an acoustical engineer, stating that noise measurements are accurate.

(7)

There shall be no commercial signage attached to any tower or antenna. A small sign of dimensions acceptable to the board, indicating the name and telephone number of the tower owner shall be attached to the security fence. Safety signs as required by law shall be permitted.

d.

Landscaping.

(1)

Tower facilities shall be effectively screened with plant materials that effectively screens the tower base from adjacent residential property.

(2)

Existing mature tree growth and natural land forms on the site shall be preserved to the maximum extent possible.

e.

Security fencing.

(1)

Towers and equipment shall be enclosed by security fencing not less than six (6) feet in height, with appropriate anti-climbing devices.

(6)

Removal of abandoned antennas and towers. The applicant/owner shall post a bond to cover the cost of removal. The applicant shall submit a re-evaluated bond every two (2) years or the permit will expire. The applicant shall submit an estimated cost of removal prepared by a consultant acceptable to the zoning board of review. Any antenna or tower that is not operated for its intended communications purpose for a period of twelve (12) months shall be considered abandoned, and the owner of such antenna or tower shall remove same within ninety (90) days of receipt of notice from the building official notifying the owner of such abandonment. If such antenna or tower is not removed within said ninety (90) days, the town may remove such antenna or tower at the expense of the tower's owner. If there are two (2) or more users of a single tower, then this provision shall not become effective until all users cease using the tower.

(Ch. 149, 2-1-99)