Story Created:
Aug 19, 2010 at 11:29 AM PST
Story Updated:
Aug 19, 2010 at 11:29 AM PST
NORWALK — The city’s first law regulating wireless communication towers and antennas will take effect Sept. 2 following final approval by the City Council Aug. 3.
In a report to the council, Planning Manager Bing Hyun said that while overight of such towers comes from the Federal Communications Commission, local governments have authority to enact reasonable regulations.
He said the local law discourages placement in public right-of-way or near homes unless the company can show the need for a tower at that location.
Such towers, considered unattractive by some and feared by others for health reasons because of radio waves, must be allowed, under the law, Hyun said.
Cities may not discriminate among the companies, must respond in a reasonable time and may not force them to erect the towers in a specific way, under federal law.
Many cities require that such towers be disguised, often as a tree and sometimes hidden in a clock tower.
Hyun said the Norwalk ordinance will require a city permit. Requests must include information on the location and type of tower. Visual impact may be considered and alternate locations suggested.
If a tower is erected in public right-of-way, the communications company must provide liability insurance to indemnify the city.
Roof-top antennas must be designed and placed in an area with as little visual impact as possible and be no taller than needed to provide service to cell phone customers.
Any noise from testing or repairing a tower which is audible beyond the property may be done only between 8 a.m. and 5 p.m. Monday through Friday.
Preferred locations are in a group with other towers or on an existing tower or utility pole, in an industrial or commercial area and other non-residential properties or open space areas.
Open space or park areas, residential areas or public right-of-way near residential areas are discouraged unless the applicant can show there is no other location where a tower would close a coverage gap, Hyun said.
Denials of tower requests may be appealed to the Planning Commission and then the City Council.
City officials in March said their concerns included a proliferation of towers, some in locations which might violate city land use plans; creation of visual blight, and possible safety problems because of unsafe locations of towers affecting vehicle and pedestrian traffic.
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