Definitions. As used in this section, the following terms shall apply. Any term not defined herein shall be as set forth §
98-4 of this Zoning Chapter:
ABANDONED
Any wireless telecommunication facility which has not been
operational for six consecutive months.
ADEQUATE COVERAGE
Coverage is considered to be adequate within the service
area of the Town of Tuxedo if the minimum standards set forth by the
Federal Communications Commission to permit the applicant to operate
a personal wireless communication service within the area are met.
AESTHETICS
Outward appearance: the way something looks, especially when
considered in terms of style, color, texture, finish, and material;
including but not limited to towers or other support structures, antennas,
antenna mounts and cabling, equipment shelters, fencing, and landscaping.
Aesthetic standards and samples of wireless facility aesthetic designs
will be kept on file with the Town Building Department.
ALTERNATIVE TOWER STRUCTURE
Man-made trees, clock towers, bell steeples, light poles
and similar alternative designs, including structures that camouflage
or conceal the presence of antennas or towers.
ANCILLARY EQUIPMENT
Equipment and structures associated with a wireless telecommunication
facility, including, but not limited to, equipment buildings/shelters,
equipment cabinets, emergency back-up power generators, and other
ancillary equipment.
ANTENNA ARRAY
A set or group of antennas aligned at the same height for
use by a particular carrier of telecommunications wireless services.
ANTENNA SUPPORT STRUCTURE
Any building or structure, other than a freestanding tower,
used to support antennas used in personal wireless services.
ANTENNAS
A system of electrical conductors that transmit or receive
radio frequency waves. Such waves shall include but not be limited
to radio navigation, radio, television, wireless and microwave communications.
CAMOUFLAGE
The construction of facilities to house or support a wireless
telecommunications facility so that the towers and/or antennas blend
readily with the landscape, neighborhood, and adjacent architectural
features. Camouflaging is when a facility is disguised or hidden or
is completely or partially placed within or behind an existing or
proposed enclosure or structure or completely hidden by surrounding
vegetation, such that it is essentially screened from public views
and adequately disguised as part of a building or other structure.
Aesthetic standards and samples of wireless facility aesthetic designs
- including camouflaging - will be kept on file with the Town Building
Department. Camouflaging also pertains to the stealth tree monopole
configuration, in terms of pole color/texture; branch style, taper,
and density; and antennas and other pole-mounted equipment.
CO-LOCATION
The use of an existing telecommunications tower or structure
(buildings, utility poles, water towers, etc.) to accommodate additional
antenna systems (single antenna or arrays) and/or appurtenances for
the provision of wireless services by two or more persons or entities.
DISTRIBUTED ANTENNA SYSTEM (DAS)
A wireless technology consisting of a network of antenna
nodes (typically affixed to existing utility poles or on other lower-elevation
structures and installed lower to the ground than conventional panel
antennas on towers) and supporting equipment to provide wireless services
within a specific geographic area or structure, and subject to this
section. DAS may be used to provide wireless services for more than
one provider. A single DAS installation (e.g., one antenna and supporting
equipment on a given utility pole or other structure) is referred
to as a DAS node. Any new support structures for DAS will be 50 feet
or less in height above ground level.
EQUIPMENT
Computers, batteries, generators, transmission equipment
and cabinets, etc., which are utilized to power and/or operate a wireless
telecommunications facility.
FACILITY
A wireless telecommunications facility.
FALL ZONE
The area on the ground within a prescribed radius from the
base of a wireless telecommunications facility, tower, or small cell.
The fall zone is the area within which there is a potential hazard
from falling debris (such as ice) or collapsing material (such as
the tower or structure).
FEDERAL AVIATION ADMINISTRATION (FAA)
The Federal Aviation Administration, or its duly designated
and authorized successor agency, which is responsible for the safety
of civil aviation.
FREESTANDING WIRELESS TELECOMMUNICATIONS FACILITY
A structure, such as a monopole or lattice tower, greater
than 50 feet in height, constructed or existing specifically for the
purposes of supporting an antenna(s) and/or equipment used in conjunction
with the operation of one or more wireless telecommunications facilities.
Freestanding towers may include below-grade foundations and a platform
or mounts for one or more panel antenna arrays at the top and/or at
alternate lower heights.
FREQUENCY
The number of complete oscillations per second of energy
(as sound or electromagnetic radiation) in the form of waves.
GUYED TOWER
A monopole or lattice tower greater than 50 feet in height
that is tied to the ground or other surface by diagonal cables. Guyed
towers may include below-grade foundations and a platform or mounts
for one or more panel antenna arrays at the top and/or at alternate
lower heights.
LATTICE TOWER
A self-supporting structure greater than 50 feet in height
constructed of vertical metal struts and cross braces forming a triangular
or square structure which often tapers from the foundation to the
top. Lattice towers may include below-grade foundations and a platform
or mounts for one or more panel antenna arrays at the top and/or at
alternate lower setbacks.
MAJOR WIRELESS COMMUNICATIONS FACILITY
Any wireless communications facility that is not a minor
wireless communications facility, including but not limited to any
facilities including any wireless communications towers, as hereinafter
defined.
MINOR WIRELESS COMMUNICATIONS FACILITY
Any wireless communications facility situated on the same
property as an existing wireless communications facility designed
for co-location and previously approved under this article or on or
in an existing building or other structure; and where the equipment
consists of a combination of antennas, or other receiving device,
necessary in number to facilitate the provision of wireless communication
services from such location, provided that such minor installation:
(1)
Comprises antennas, or transmitting and receiving devices which
are no more than six feet in height, which are mounted on supports
affixed to an existing structure; and
(2)
Operates with all significant equipment accessory thereto (other
than the aforementioned antennas and transmitting or receiving devices,
supports and connecting cables), installed in interior space appurtenant
to such existing building, tower or structure, or located upon a structure,
the total combined height of which is less than 100 feet from the
preconstruction average-finished grades.
MODIFICATION, MAJOR
Modification or upgrade to an existing wireless telecommunications
facility that substantially changes (defined below) the physical dimensions
or visual impact of any aspect of the facility. Major modifications
may include, but are not necessarily limited to: replacement of existing
antennas with new models resulting in an increase to the number and/or
height of the existing antennas in the array or on a utility pole;
an increase of the overall tower height by more than 10% of the originally
approved and/or constructed tower or support structure height (whichever
is less); or an increase to the dimensions of the existing ground-based,
rooftop, pole-mounted, or other equipment area (as determined by existing
perimeter fencing, existing heights of equipment shelters, aggregate
cubic feet of utility-pole-mounted equipment, or other criteria).
MODIFICATION, MINOR
Modification or upgrade to an existing wireless telecommunications
facility that does not substantially change (see definition) the physical
dimensions or visual impact of any aspect of the facility. Minor modifications
may include, but are not necessarily limited to: replacement of existing
antennas with new models that results in equal or lesser number and/or
equal or lesser height of the existing antennas in the array or on
the utility pole; no increase to the overall tower height, or an increase
in tower height of less than 10% of the originally approved and/or
constructed tower height, whichever is less; or no changes to the
existing dimensions of the ground-based, rooftop, pole-mounted, or
other equipment area (as determined by existing perimeter fencing,
existing heights of equipment shelters, aggregate cubic feet of utility
pole mounted equipment or other criteria). A modification shall not
include the replacement of any components of a wireless telecommunications
facility where the replacement is identical to the component being
replaced or for any matter that involves the normal repair and maintenance
of a wireless telecommunications facility without adding, removing,
changing, or altering the wireless telecommunications facility in
any respect.
MODULATION
The variance of the amplitude, frequency, or phase of an
electromagnetic wave for the transmission of information.
MONOPOLE
A self-supporting structure greater than 50 feet in height
constructed of wood, steel or concrete with below-grade foundations
and a platform or mounts for one or more panel antenna arrays at the
top and/or at alternate lower heights. The monopole design without
guy wires is the preferred configuration in the Town.
MOUNT
The structure or surface upon which antennas and ancillary
equipment are mounted and likely to be visible to the general public
including the following four types of mounts:
(3)
STRUCTURE-MOUNTEDMounted on a telecommunication tower structure or structure other than a building. This includes antenna array frame systems and antennas mounted flush to the structure surface for tower systems and small cells.
PREEXISTING TOWERS AND PREEXISTING ANTENNAS
Any tower, structure, or antenna which was installed legally
and prior to the effective date of this section, or for which building
permits were legally issued prior to the effective date of this section
but have not yet been constructed, so long as such permits are current
and not expired.
RADIO FREQUENCY (RF)
A frequency of electromagnetic spectrum referred to as "radio
frequency" as defined by the FCC. Hereinafter also referred to as
"RF."
RADIO FREQUENCY (RF) TECHNICAL EXPERT
A certified or licensed radio frequency (RF) engineer specializing
in electrical or microwave engineering, specifically the study of
radio frequencies.
REPEATER
A small, supplementary, and accessory bidirectional amplifier
facility designed and limited in height and transmission power to
provide service only where there is a failure of coverage and to minimize
visual impacts and the need for the primary base stations, which may
be attached to a structure or pole.
SECURITY BARRIER
A locked, impenetrable wall, fence, or berm that completely
seals an area from unauthorized entry or trespass.
SENSITIVE RECEPTOR
A place/land use (e.g., historic property, scenic overlook)
that may have an increased sensitivity to views of a telecommunications
facility, including those on towers or other structures and small
cells.
SEPARATION
The distance between one carrier's antenna or array of antennas
and another carrier's antenna or array of antennas.
SMALL CELL TELECOMMUNICATION FACILITY
Low-powered wireless base stations that function like cells
in a mobile wireless network, typically covering localized outdoor
areas such as traffic and transit corridors, commercial or shopping
districts, and other places of congregation, and in areas where additional
network coverage and capacity may be required to supplement existing
wireless service. Small cell antennas and supporting equipment are
typically affixed to existing utility poles or other structures and
installed lower to the ground than conventional panel antennas on
telecommunications towers to provide wireless services within a specific
geographic area. Small cells are typically used to provide wireless
services for one provider. A single small cell installation (e.g.,
one antenna and supporting equipment on a given utility pole or other
structure) is referred to as a node. A small cell telecommunication
facility meets the following:
(1)
Less than 50 feet in height.
(2)
Each antenna is located inside an enclosure of not more than
six cubic feet in volume or, in the case of an antenna that has exposed
elements, the antenna and all of its exposed elements could fit within
an enclosure of not more than six cubic feet in volume.
(3)
All other wireless equipment associated with the facility is
cumulatively not more than 28 cubic feet in volume. The calculation
of equipment volume shall not include electric meters, concealment
elements, telecommunication demarcation boxes, grounding equipment,
power transfer switches, cut-off switches, and vertical cable runs
for the connection of power and other services.
STEALTH TECHNOLOGY/STEALTH STRUCTURE
A method of installing/constructing wireless telecommunications
facilities, which conceals, hides or camouflages their presence. This
may include but is not limited to the use of color-matching, antenna
concealment systems for small cells and rooftop proposal, artificial
tree limbs for new telecommunications towers, landscaping around ground-based
equipment areas, and installing ancillary equipment underground.
SUBSTANTIAL CHANGE
An increase in the size of an existing tower or ground-based
ancillary equipment consisting of one or more of the following:
(1)
Height/antenna placement: the mounting of antennas on a tower
greater than 50 feet tall or structure that would (a) increase tower
height by more than 10% of the tower height originally approved or
constructed (whichever is less), or (b) the mounting of one additional
antenna array with separation from the nearest existing antenna of
up to 20 feet, if resulting tower height is increased by more than
10% of the tower height originally approved or constructed. The mounting
of the proposed antenna may exceed the size limits set forth in this
subsection if necessary to avoid interference with existing antennas.
For modification to permitted DAS or small cell sites, the pole shall
not be increased above 50 feet in height and the aggregate volume
of all antennas and ancillary equipment shall be a maximum of four
cubic feet at any node;
(2)
Ground-based and ancillary equipment: The installation of additional
equipment cabinets or shelters that would increase the overall dimension
of the existing ground-based, rooftop, or other equipment compound,
including but not limited to the perimeter of existing security fencing
or the height of the tallest existing element (e.g., top of ice bridge
or shelter) as measured from surrounding grade or other markers. New
equipment proposed at a small cell site that exceeds the aggregate
volume noted above may be proposed to be placed below grade;
(3)
Ground-based equipment: the excavation outside the current tower
site, defined as the current boundaries of the leased or owned property
surrounding the tower and any access or utility easements currently
related to the site. For small cell sites, no equipment shall be installed
at grade;
(4)
Ancillary equipment: The installation of new or additional generators,
resulting in increases to noise at the property line by more than
10% above existing conditions. Also pursuant to Chapter 157, Noise;
(5)
Lighting: the installation of new FCC-required or other lighting
on the tower structure, or an increase in ground-based, rooftop, or
other lighting that increases impacts by more than 10%. Strobe or
flashing lighting will not be permitted without documentation of FAA
or other applicable requirements; or
(6)
Tower structure. The addition of an appurtenance to the body
of the tower that would protrude horizontally from the edge of the
tower more than 20 feet, or more than the width of the tower structure
at the level of the appurtenance, whichever is greater, except that
the mounting of the proposed antenna may exceed the size limits set
forth in this subsection if necessary to shelter the antenna from
inclement weather or to connect the antenna to the tower via cable.
TELECOMMUNICATIONS
The transmission and reception of audio, video, data and
other information by wire, radio frequency, light and other electronic
or electromagnetic systems.
TELECOMMUNICATIONS STRUCTURE
Any structure used in, associated with or necessary for the
provision of wireless services as described in the definition of "wireless
telecommunications facility."
WIRELESS COMMUNICATIONS FACILITY
Any site containing equipment used in connection with the
commercial operation of wireless communications services, as defined
herein, and as the term "personal wireless services facility" is defined
in the Communications Act of 1934, as amended by the Telecommunications
Act of 1996, 47 U.S.C. § 332(c)(7)(C), or as hereafter amended,
to transmit and/or receive frequencies, including but not limited
to antennas, monopoles, equipment, appurtenances and structures.
WIRELESS COMMUNICATIONS SERVICES
The provision of personal wireless communications services,
including but not limited to those more commonly referred to as "cellular
telephone service," regulated by the Federal Communications Commission
in accordance with the Communications Act of 1934, as amended by the
Telecommunications Act of 1996, 47 U.S.C. § 332(c)(7)(C),
or as hereafter amended.
WIRELESS COMMUNICATIONS TOWERS
Any freestanding structure, including lattice structures
or framework and freestanding self-supported vertical pole (commonly
known as "monopole"), on which any equipment is located in connection
with the provision of wireless communications services.