June 7, 2009 — The Planning and Natural Resources Department will hold a series of hearings this week on its proposed draft rules and regulations for communications towers.
The hearings begin Wednesday on St. Thomas in Planning's conference room at Cyril E. King Airport. On Thursday, Planning will hold a hearing at the Legislature building on St. John. Friday is St. Croix's turn, with the hearing taking place at the Florence Williams Library in Christiansted. All hearings begin at 6 p.m.
To date, the department has used a section of the V.I. Code that pertains to electrical, radio and telephone towers, but Marjorie Emanuel, director of Planning's Comprehensive and Coastal Zone Planning Division, said that there are now so many towers that the code needed firming up.
"It addresses structures, towers and antennas," she said.
Planning Commissioner Robert Mathes instituted a moratorium on construction of new communications towers in December after St. Thomas residents opposed the construction of two towers. (See "Tower Spat Prompts DPNR To Freeze Some Projects.")
The moratorium was set to expire in June, but Planning spokesman Jamal Nielsen said the moratorium would continue until the new rules and regulations are in place.
For guidance in drafting the new rules and regulations, Emanuel said the department looked at codes in such jurisdictions as Puerto Rico and Florida, and utilized the services of Steven Lindquist of the St. Thomas-based LTI DataComm. Additionally, she said the department consulted with the territory's Bureau of Information Technology.
The draft rules and regulations cover myriad issues and indicate that towers should not impact the peaceful enjoyment of neighboring properties.
It mandates that towers, including their antenna, be located twice their distance from the property line and should not project more than 20 feet above the tree line measured 50 feet from the facility — unless it's "reasonably" necessary to provide service, or so that at least two companies can share the tower. Towers shall not be more than 199 feet above ground level.
The lighting on the tower shall have minimal spillover effect on adjoining properties, and the facility shall be screened.
The 15-page draft also requires that views not be unreasonably disrupted from parks, scenic vistas, historic buildings or districts, or major view corridors. And wildlife, including bird flyways, shall not be impacted.
The draft rules and regulations also call for public hearings before permits for towers can be granted.
After the information gathered at the hearings and from written comments is analyzed, Planning will modify the document before sending it to Gov. John deJongh Jr., Emanuel said. The governor will send it to the Legislature, which will hold another round of public hearings.
Copies of the Draft Telecommunication Facilities Rules and Regulations are available for review at Planning's Division of Comprehensive and Coastal Zone Planning offices. They're located at 45 Mars Hill, St. Croix; the 2nd Floor of the Cyril E. King Airport, St. Thomas; and at Starfish shopping center on St. John. They're also available at all public libraries and University of the Virgin Islands libraries.
Additionally, Emanuel said she or her staff will email a copy of the draft rules and regulations to anyone who can't make it to the libraries.
For more information, call the Division of Comprehensive and Coastal Zone Planning at 774-3320 or 773-1082.
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