Little Compton City Zoning Code
§ 14-5.12
Wireless Communications Facilities WCF
[Ord. 5/6/99, § 7]
a.
Purpose and Goals. The purpose of this section to minimize the visual and environmental impacts of wireless communications facilities (WCFs), by enabling the review and approval of WCFs in keeping with this Zoning Ordinance and existing patterns of development in Little Compton, including the size and spacing of structures and open spaces. The regulation of WCFs is consistent with the purposes of the Little Compton Comprehensive Community Plan to further the conservation and preservation of developed, natural and undeveloped areas, wildlife, flora and habitats for endangered species; the preservation of coastal resources; protection of the natural resources of Little Compton; balanced economic growth; the provision of adequate capital facilities; the coordination of the provision of adequate capital facilities; and the preservation of historical and cultural values.
b.
Definitions.
1.
ANTENNA ARRAY – Shall mean one or more rods, panels, discs or similar devices used for the transmission or reception of radio frequency signals, which may include omnidirectional antenna (rod), directional antenna (panel) and parabolic antenna (disc). The antenna array does not include the support structure defined below.
2.
ATTACHED WIRELESS COMMUNICATION FACILITY (ATTACHED WCF) – Shall mean an antenna array that is attached to an existing building or structure (attachment structure), which structures shall include but not be limited to utility poles, signs, water towers, with any accompanying pole or device (attachment device) which attaches the antenna array to the existing building or structure and associated connection cables, and an equipment facility which may be located either inside or outside of the attachment structure.
3.
COLOCATION/SITE SHARING – Shall mean use of a common WCF or common site by two or more wireless license holders or by one wireless license holder for more than one type of communications technology and/or placement of a WCF on a structure owned or operated by a utility or other public entity.
4.
EQUIPMENT FACILITY – Shall mean any structure used to contain ancillary equipment for a WCF which includes cabinets, shelters, a buildout of an existing structure, pedestals, and other similar structures.
5.
HEIGHT – When referring to a WCF, shall mean the distance measured from grade to the highest point on the WCF, including the antenna array (see also § 14-10b51 of this chapter).
6.
SETBACK – Shall mean the required distance from the property line of the lot on which the WCF is located to the support structure (see also § 14-10b90 of this chapter).
7.
SUPPORT STRUCTURE – Shall mean a structure designed and constructed specifically to support an antenna array, and may include a monopole, self-supporting (lattice) tower, guywire support tower and other similar structures. Any device (attachment device) which is used to attach an attached WCF to an existing building or structure (attachment structure) shall be excluded from the definition of and regulations applicable to support structures.
8.
TEMPORARY WIRELESS COMMUNICATION FACILITY (TEMPORARY WCF) – Shall mean a WCF to be placed in use for 90 or fewer days.
9.
WIRELESS COMMUNICATIONS – Shall mean any personal wireless services as defined in the Telecommunications Act of 1996, which includes FCC licensed commercial wireless telecommunications services including cellular, personal communication services (PCS), specialized mobile radio (SMR), enhanced specialized mobile radio (ESMR), paging and similar services that currently exist or that may in the future be developed.
10.
WIRELESS COMMUNICATION FACILITY (WCF) – Shall mean any unstaffed facility for the transmission and/or reception of wireless telecommunications services, usually consisting of an antenna array, connection cables, an equipment facility, and a support structure to achieve the necessary elevation.
c.
Applicability. No WCF shall be erected, constructed, altered or maintained on any lot within the Town after May 6, 1999, without complying with the terms of this section. Nothing herein shall be deemed to prohibit or regulate any public antenna or WCF used in the exercise of a governmental function, or any amateur radio facility that is owned and operated by a federally-licensed amateur radio station operator or is used exclusively for receive-only antennas. Pre-existing WCFs for which a permit has been issued prior to the effective date of this section shall not be required to meet the requirements herein. This section shall supersede all conflicting requirements of other codes and ordinances regarding the locating and permitting of WCFs.
d.
Use-General. WCFs are permitted in all zones, subject to the following limitations, prohibitions and conditions:
1.
Attached WCFs and equipment facilities that are proposed to be attached and located within an existing building are permitted by right and may apply to the Building Official, subject to application requirements provided herein.
3.
All WCFs, support structures and equipment facilities are further subject to the use limitations, application requirements, submission documentation, dimensional standards, and performance standards as provided in this section.
e.
Use Limitations.
1.
Prohibited in certain locations. WCFs are prohibited on any lot west of West Main Road, south to and including both sides of Sakonnet Point Road; both sides of Warren's Point Road, and easterly to Briggs Marsh, and from there, any lot located within one-half mile of the south shoreline extending easterly to the Little Compton Town line.
2.
Commons. WCFs are prohibited on any lot located within a 1,500-foot radius measured from a point at the western tip of Pike's Peak.
f.
Application Requirements. An application for a permit to construct, install or erect a WCF (temporary or otherwise), or to install, mount or erect an attached WCF, shall be subject to a building permit, an electrical permit, payment of all permit and inspection fees to the Town of Little Compton, posting of a bond to support the removal of a WCF upon abandonment (in accordance with Subsection k below) and proof of ownership of the land upon which the WCF is proposed to be constructed, installed, erected, mounted or attached or a copy of an appropriate easement, lease, or rental agreement.
g.
Submission Documentation - Attached WCFs. Each applicant requesting a permit for an attached WCF or an equipment facility within an existing structure (with no new structure proposed) shall submit to the Building Official a report prepared by a professional radio frequency engineer, with the following information:
1.
A description of the WCF and the technical, economic and other reasons for its design;
2.
A description of the capacity of the WCF including the number and type of transmitters and receivers that it can accommodate and the basis for the calculation of capacity;
3.
Demonstration that the WCF proposal complies with this section; and
4.
Any other information required by the Building Official to determine compliance with the State Building Code, the Zoning Ordinance and other applicable local, State and Federal laws.
h.
Submission Documentation - Unattached WCFs. Each applicant requesting a special use permit for WCFs requiring one or more new support structure(s) or a new equipment facility and any temporary WCF shall submit, in addition to the documentation described in Subsection g above, a site plan prepared by a Professional Engineer (PE) registered in the State of Rhode Island, which shall include a scaled plan at one inch equals 40 feet or larger, with existing and proposed topography at two-foot contour intervals (limited to areas of proposed disturbance) and a scaled elevation with other supporting drawings, calculations and other relevant documentation to the Zoning Board of Review, that shows the following:
1.
The location and dimensions (including height) of the WCFs support structure and equipment facility;
2.
Accessory building(s) for switching equipment;
3.
Fencing, landscaping and screening;
4.
Access and parking;
5.
Lighting;
6.
Areas to be cleared of vegetation and trees;
7.
Site boundaries;
8.
Description of adjacent land uses; and,
9.
All other improvements associated therewith, including information concerning support structure specifications, antenna locations and equipment facilities.
The Board may require additional information relevant to its consideration of whether the application meets the dimensional and performance standards provided herein. Following Board approval, the applicant may file for a building permit as described in Subsection g above. |
i.
Dimensional Standards. All WCFs and equipment facilities shall comply with the following dimensional requirements:
1.
Maximum height of any WCF shall not be greater than 150 feet.
2.
WCFs shall be setback from all property lines a minimum of one foot for each one foot of support structure height, with a minimum setback from all property lines of 25 feet.
3.
All WCF supports and peripheral anchors shall be located entirely within the boundaries of the development site.
4.
Supports and/or peripheral anchors shall not encroach upon the minimum landscaped screening area, as required by the Zoning Ordinance.
5.
All supports and anchors shall have at a minimum a ten-foot horizontal setback from any overhead utility line.
6.
Attached WCFs shall be permitted as an accessory use to any commercial, industrial, office, institutional, multifamily or public utility structure provided that:
7.
WCFs shall not be allowed within one mile distance from any existing WCF and/or WCF that have received a valid building permit.
j.
Performance Standards. All WCFs and equipment facilities shall comply with the following performance requirements, which shall be the basis upon which the Building Official and Zoning Board make their respective findings of fact in either approving or denying the application for a WCF.
1.
For any unattached WCF, the applicant shall demonstrate that no existing tower or structure can accommodate the applicant's proposed antenna array, with the following evidence submitted to demonstrate the case:
(a)
Written proof that owners of existing towers or structures within service area of the proposed WCF location or within a one mile radius of the proposed WCF, which ever is greater, have been contacted and that permission was sought to install a device on those structures, and that permission was denied or a reasonable agreement could not be reached.
(b)
No existing towers or structures are located within the service area of the proposed WCF location or within a one mile radius of the proposed WCF, whichever is greater.
(c)
Existing towers or structures are not of sufficient height to meet applicant's engineering requirements.
(d)
Existing towers or structures do not have sufficient structural strength to support applicant's proposed antenna array and related equipment.
(e)
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 exceed the costs of construction of a new WCF and support structure.
2.
Every WCF approved under this section shall be subject to the condition that the WCF owner must allow colocation/site sharing, as defined herein. The application shall contain a statement that the site will physically support colocation/site sharing, and that any new applicant willing to sign a commercially reasonable lease, shall be allowed to collocate at that site.
3.
The required report from the radio frequency engineer shall contain a statement justifying the height of the proposed WCF.
4.
Town-owned sites which are located in the prospective development area and which could potentially accommodate the proposed WCF shall be identified. Such Town-owned sites shall be given preference over other sites in locating an unattached WCF. If the applicant chooses a site other than a Town-owned site, the applicant shall provide written proof that a Town-owned site is either unavailable or unsuitable for the WCF.
5.
All WCFs shall be constructed and situated in such a manner as to fit in with the topography and features of the surrounding environment. WCF Equipment Facilities shall be completely screened from all adjacent properties and streets, and appropriately camouflaged, if required. Plantings shall be of such a height and density to ensure complete screening. 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.
6.
Notwithstanding any other provisions in this subsection, WCFs shall be enclosed by a fence no less than eight feet in height or more than 10 feet in height from finished grade. Any portion of the fence, located within 200 feet of a street or an abutting residence, shall be tightly screened from view by evergreen trees, shrubs or other suitable plant material. Access shall be through a locked gate.
7.
WCFs shall not be artificially lighted except as required for public safety purposes, by the Federal Aviation Administration (FAA), or by the Town.
8.
No signs shall be allowed on any WCF except as required for public safety purposes, by the Federal Communications Commission (FCC) or by the Town, or by the property owner.
9.
There shall be no symbols, flags, banners or other devices or things attached to or painted or inscribed upon any WCF.
k.
Abandonment and Removal of WCFs. All WCFs which have not been used for their intended purpose for a period of one year or more shall be considered abandoned and shall be dismantled, removed and the site restored to a condition consistent with the character of the surrounding area, at the owner's expense. The property owner shall remove, or cause to be removed, the WCF within 90 days of receipt of notice from the Building Official. The applicant shall post a bond or cash security with the Town sufficient to cover the cost of removal and restoration of the site prior to the issuance of a building permit for the WCF. The amount of said bond or security shall be estimated by the Building Official. If such WCF is not removed within 90 days of receipt of notice, the Town may take the necessary action to remove the facility and restore the site to a condition consistent with the character of the surrounding area, at the owner's expense.