(A) Small wireless facilities are classified as permitted uses in all zoning districts and are not subject to zoning review or approval, subject to the restrictions of this chapter.
(B) A wireless service provider authorized to do business in the State of Rhode Island or a contractor acting on its behalf may collocate small wireless facilities within, along, across, upon, and under any public way and may construct conduit, cables, and facilities between such small wireless facility and other equipment or services located on or adjacent to the supporting pole or other structure, subject to approval and compliance with applicable provisions of the Town Code of Ordinances.
(C) No person or entity shall place or collocate a small wireless facility in the public way without first complying with the provision of this chapter including, as required, filing an application, receiving approval and obtaining a permit.
(D) Small wireless facilities must be operated and maintained in a manner that does not interfere with public safety equipment.
(E) A permit from the town to collocate small wireless facilities authorizes an applicant to undertake only certain activities in accordance with this chapter and does not create a property right or grant any authority whatsoever to the applicant to impinge upon the rights of others who may already have an interest in the public ways.
(F) Nothing within this chapter is to be construed as authorizing the collocation of small wireless facilities on privately owned poles or structures without the consent of the owner; or the collocation of small wireless facilities on poles or structures owned by the town and located outside the public way without the town's approval for commercial access to town owned property.
(G) The installation of poles or structures on a public way are governed by the provisions of the Town Code of Ordinances that address such activities in general; and are applied equally regardless of whether the purpose of installation is for the collocating of small wireless facilities or other permitted usage.
(Ord. 2019-10, passed 7-1-19)