The text
Sec. 21-1. - Wind turbines.#
The town manager will advise the town council regarding the appropriateness of locating a wind turbine on any land that may be purchased in the future by the town for "open space" or any land currently in agricultural use for which the town may purchase development rights.
(Ord. No. O-1, 8-14-2007)
Sec. 21-2. - Collocation.#
(a)
A wireless service provider authorized to do business in this state or a contractor acting on its behalf may collocate small wireless facilities, as defined in G.L. 1956, § 39-2-1, within, along, across, upon, and under any public right-of-way in the Town of Warren, including any Town road or Town owned pole, and may construct conduit, cables, and facilities between such small wireless facility and other equipment or services located on or adjacent to a supporting pole owned by the Town. Any wireless facility, as defined in G.L. 1956, § 39-2-1, that does not qualify as a small wireless facility shall require approval from the Warren Town Council before collocating within, along, across, upon, or under any public right-of-way in the Town of Warren.
(b)
To the extent that collocation of a wireless facility requires a building, electrical, or a public right-of-way use or work permit, the applicant seeking collocation shall apply for such permit, and shall submit the information required for such application as provided by law. No permit, other than a public right-of-way work permit, is required for routine maintenance on a previously approved small wireless facility or to replace a small wireless facility with a facility of substantially similar or smaller size and weight. The Town shall charge a permit fee and comply with the permit review process for such applications as is required by state and/or federal law. Any applicant that is denied a permit to collocate a small wireless facility within, along, across, upon, or under any public right-of-way in the Town of Warren, including any Town road or Town owned pole, may appeal to the superior court within thirty (30) days of the denial, as authorized by law.
(c)
Any entity that owns a wireless facility, whether a small wireless facility or not, collocated on any Town owned telephone pole, street light, or other pole owned by the Town, or otherwise collocated within, along, across, upon, or under any public right-of-way in the Town of Warren, shall pay to the Town an annual fee of one hundred and fifty ($150.00) dollars.
(d)
Any entity that owns a wireless facility, whether a small wireless facility or not, collocated on any Town owned telephone pole, street light, or other pole owned by the Town, or otherwise collocated within, along, across, upon, or under any public right-of-way in the Town of Warren, shall indemnify the Town and hold the Town harmless for any damage to persons or property, or any other liability, resulting from the collocation. The Town shall provide a form for the owning entity to execute indicating the indemnification. No collocation shall be allowed until the owning entity executes the indemnification form.
(e)
This ordinance is intended to comply with state and federal law regarding collocation. To the extent that this ordinance is silent or ambiguous in any respect, the ordinance shall be interpreted in a manner that is consistent, and does not conflict, with applicable state or federal law. If any provision of this ordinance directly conflicts or is preempted with state or federal law, or is otherwise held to be invalid or void, such provision shall be severed and the remainder of the ordinance shall have full force and effect.
(Ord. of 1-8-2019(2))