As used in this chapter, the following terms shall have
the meanings indicated:
ACCESSORY FACILITY OR STRUCTURE
An accessory facility or structure serving or being used in conjunction
with wireless telecommunications facilities, and located on the same property
or lot as the wireless telecommunications facilities, including, but not limited
to, utility or transmission equipment storage sheds or cabinets.
APPLICANT
Any wireless service provider submitting an application for a special
use permit for wireless telecommunications facilities.
APPLICATION
All necessary and appropriate documentation that an applicant submits
in order to receive a special use permit for wireless telecommunications facilities.
ANTENNA
A system of electrical conductors that transmit or receive electromagnetic
waves or radio frequency or other wireless signals. Such shall include, but
not be limited to, radio, television, cellular, paging, personal telecommunications
services (PCS), microwave telecommunications and services not licensed by
the FCC, but not expressly exempt from the Village's siting, building and
permitting authority.
COLLOCATION
The use of a tower or structure to support antennas for the provision
of wireless services without increasing the height of the tower or structure.
COMMERCIAL IMPRACTICABILITY or COMMERCIALLY IMPRACTICABLE
The inability to perform an act on terms that are reasonable in commerce;
the cause or occurrence of which could not have been reasonably anticipated
or foreseen and that jeopardizes the financial efficacy of the project. The
inability to achieve a satisfactory financial return on investment or profit,
standing alone, shall not deem a situation to be commercially impracticable
and shall not render an act or the terms of an agreement commercially impracticable.
COMPLETED APPLICATION
An application that contains all information and/or data necessary
to enable an informed decision to be made with respect to an application.
FAA
The Federal Aviation Administration, or its duly designated and authorized
successor agency.
FCC
The Federal Communications Commission or its duly designated and
authorized successor agency.
HEIGHT
When referring to a tower or structure, the distance measured from
the preexisting grade level to the highest point on the tower or structure,
even if said highest point is an antenna or lightening protection device.
NIER
Nonionizing electromagnetic radiation.
PERSON
Any individual, corporation, estate, trust, partnership, joint-stock
company, association of two or more persons having a joint common interest,
or any other entity.
SPECIAL USE PERMIT
The official document or permit by which an applicant is allowed
to construct and use wireless telecommunications facilities as granted or
issued by the Village.
STATE
The State of New York.
STEALTH or STEALTH TECHNOLOGY
Minimizing adverse aesthetic and visual impacts on the land, property,
buildings, and other facilities adjacent to, surrounding, and in generally
the same area as the requested location of such wireless telecommunications
facilities, which shall mean using the least visually and physically intrusive
facility that is not technologically or commercially impracticable under the
facts and circumstances.
TELECOMMUNICATIONS
The transmission and/or reception of audio, video, data, and other
information by wire, radio frequency, light, and other electronic or electromagnetic
systems.
TELECOMMUNICATIONS STRUCTURE
A structure used in the provision of services described in the definition
of "wireless telecommunications facilities."
TEMPORARY
Temporary in relation to all aspects and components of this chapter,
something intended to, or that does, exist for fewer than 90 days.
WIRELESS TELECOMMUNICATIONS FACILITIES
Includes a telecommunications tower and tower and telecommunications
site and personal wireless facility means a structure, facility or location
designed, or intended to be used as, or used to support, antennas or other
transmitting or receiving devices. This includes, without limit, towers of
all types and kinds and structures that employ camouflage technology, including,
but not limited to, structures such as a multistory building, church steeple,
silo, water tower, sign or other structures that can be used to mitigate the
visual impact of an antenna or the functional equivalent of such, including
all related facilities such as cabling, equipment shelters and other structures
associated with the site. It is a structure and facility intended for transmitting
and/or receiving radio, television, cellular, paging, 911, personal telecommunications
services, commercial satellite services, microwave services and services not
licensed by the FCC, but not expressly exempt from the Village's siting, building
and permitting authority, excluding those used exclusively for the Village's
fire, police or exclusively for private, noncommercial radio and television
reception and private citizen's bands, amateur radio and other similar noncommercial
telecommunications where the height of the facility is below the height limits
set forth in this chapter.