FACILITIES ORDINANCE ON MOBILE AND INFRASTRUCTURE IN THE MUNICIPALITY OF Tudela (Navarra)
has been approved in the city of Tudela's new ordinance to regulate the installation of wireless antennas. Will enter into force on the day following publication in the Official Gazette of Navarre.
It highlights the following:
EXPLANATORY
...... ignore the health debate surrounding these facilities is not a closed debate for complete safety, it would be irresponsible to commit in which public authorities should not engage
Article 4. Rationale and content of projects
3 .- In general terms, prohibits the installation of antennas for mobile and other radio equipment of similar features within 100 feet away, measured from any point in the field thereof, of any sensitive area in the municipality.
Exceptionally, and in connection with Article 3.3.f CTE/23/2002 Order of January 11, to install such stations exceptionally ER1 and ER2 in a 100 to 300 m2 of sensitive areas referred to in the preceding paragraph should give the following conditions:
3.1 .- Study magnetometer area concerned and countersigned by the competent professional body which advises the installation in that area, considering it a zone in which communication is impossible because of the lack of service coverage and capacity of the operator.
3.2 .- The operator must assume the obligation to minimize the exposure levels of the areas considered sensitive to the threshold of 0.1 microwatts / Cm2.
3.3 .- must be sufficiently justified the failure to place the antennas in a more distant place.
3.4 .- In the case above, provide a favorable environmental impact study which describes in detail the potential impact of their implementation and operation in the external and internal environment of buildings, structures and sites recreation and leisure environment that will be safeguarded in any case, by taking corrective measures, if necessary.
Article 5. Definitions.
C.
- sensitive areas, areas listed in Article 3.3.f Ministerial Order of 11 January 2002, the Ministry of Science and Technology, subject to stricter limitations on levels of exposure to radio emissions (crèches, early childhood, primary, compulsory schools, health centers, hospitals, public parks, and residential or nursing homes). [Those established in the Regional Law 6 / 2002 of 10 May.]
e. - low density residential enclaves: Apples with predominantly residential use where there is no building height coronation facade more than 20 m.
Article 8. Criteria for the Development of Land Infrastructure Plan referred to the municipality of Tudela.
2 .- The location, characteristics and operating conditions of the different radio communication facilities and infrastructure, minimize the exposure levels of the public in general, to radio emissions, maintaining an adequate quality of service and control, especially the emission levels near the areas of influence on sensitive areas.
3 .- In the case of radio facilities and infrastructure on roofs of buildings, the owners shall, whenever possible, install the sending system so that the emission diagram or no impact on the building itself or on adjacent buildings
TITLE III. GENERAL CONDITIONS FOR IMPLEMENTATION AND ADAPTATION TO THE ENVIRONMENT.
Article 11. General rules
2 .- Except as provided in Title V, not allow these facilities on land for parks, open spaces and roads for public use, either in parcels or buildings for equipment those who do not have an explicit link.
equipment means those allocations for public use and social, educational, health, cultural, administrative and / or the like.
Article 12. Adaptation to the environment and saturation index.
3 .- To control the density of satellite stations in the urban ecosystem, establishing a generic limitation of a base station for every 150 m2 of surface, measured in horizontal projection of roof , roof, patio or area in which they are located.
Article 14. Antennas facilities located on building facades.
antennae not be used on building facades.
Article 17.
radio emissions
.../...
However, Magnetometric Study conducted prior to the drafting of this Ordinance, it was observed that in almost all the measurements, giving effect to the limitation of 0.1 microwatts / cm2 without service quality look resentful.
.../...
For this reason and in any case, states that inside buildings and homes of Tudela, the maximum threshold should be 0.01 microwatts.
TITLE V. FACILITIES LOCATED ON THE GROUND.
Article 18. Location
2 .- In general, the implementation of these facilities meet the required conditions of building the area as they are, looking at a minimum setback of 15 meters from the boundaries of the plot, a Total height set of 40 m. and a minimum distance between facilities 300 m.
TITLE VI. STATUS OF LICENSES SUBJECT TO THIS ORDINANCE.
Article 21. Subject to licensing
Facilities included in the scope of this Ordinance shall be subject to obtaining the relevant licenses under the terms set out in Article 3 of Title I.
Article 28. Dismantling and removal order
2 .- The order of dismantling and removal, where there is no license shall be independent of the order of legalization, so that will be immediately effective and enforceable until the installation is certified.
TRANSITIONAL
First Transitory Provision:
existing facilities to the entry into force of this Ordinance which do not have proper Classified Municipal License and Opening Activity must apply for legalization license, within three months.
FINAL
Second:
This Ordinance shall take effect the day following its complete publication in the Official Gazette of Navarre.
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Ordinance 
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