Definitions. The following words, terms and phrases, when used in this section, shall have the meaning ascribed to them in this subsection, except where the context clearly indicates a different meaning:
ANTENNA Any structure or device used to collect or radiate electromagnetic waves for the provision of services including, but not limited to, cellular, paging, personal communications services (PCS) and microwave communications. Such structures and devices include, but are not limited to, directional antennas, such as panels, microwave dishes and satellite dishes, and omnidirectional antennas, such as whips. This definition does not apply to broadcast antennas, antennas designed for amateur radio use, or satellite dishes designed for residential or household purposes.
ANTENNA SUPPORT STRUCTURE Any building or structure which can be used for location of telecommunications facilities, including, but not limited to, monopoles, towers, and structures to which an antenna may be attached, such as clock towers, bell towers, church steeples, water towers, light poles, utility structures, elevated roadways, bridges, flagpoles, windmills, barns, and other similar freestanding structures as approved by the Planning Board.
APPLICANT Any person or entity with an application before the Village for a permit for any wireless telecommunications facility.
APPLICATION The process by which the owner of a parcel of land within the Village submits a request to develop, construct, build, modify, place or erect a wireless telecommunications facility upon such parcel of land. "Application" includes all written documentation, verbal statements and representations, in whatever form or forum, made by an applicant to the Village concerning such a request.
BASE EQUIPMENT Ground-mounted equipment integral to the operation of an antenna system. Base equipment typically includes, but is not limited to, communications equipment cabinet/shelter, backup power supplies, electric and telecommunications backboards, wiring, grounding loops, equipment enclosures, security fencing and lighting. Base equipment located in a discrete area may be referred to as a "base station."
CO-LOCATION The act of siting antennas on an existing structure without the need to construct a new support structure and without any increase in the height, shape or size of the existing structure.
DISTRIBUTED ANTENNA SYSTEMS ("DAS") A network of spatially separated antenna nodes connected to a common source via a transport medium that provides wireless service within a geographic area or structure.
ENGINEER Any engineer licensed by the State of New York.
EQUIPMENT CABINET/EQUIPMENT SHELTER Accessory buildings and structures associated with a tower, including base stations designed and used to shelter equipment and/or to support wireless communication services. The term "accessory structures" does not include offices, long-term storage of vehicles or other equipment storage or broadcast studios.
EXISTING STRUCTURE Previously erected support structure or any other structure, including but not limited to buildings and water tanks, to which telecommunications facilities can be attached. (See "antenna support structure.")
FAA The Federal Aviation Administration.
FALL ZONE The area on the ground within a prescribed radius from the base of a wireless communications facility. The fall zone is the area within which there might be a potential hazard from falling debris or collapsing material, including the transmission support structure.
FCC The Federal Communications Commission.
HEIGHT The vertical distance measured from the ground level to the highest point on a communications tower, including antennas mounted on the tower.
MODIFICATION The addition, removal, or change of any of the physical and visually discernable components or aspects of a wireless facility, such as antennas, cabling, radios, equipment shelters, landscaping, fencing, utility feeds, changing the color or materials of any visually discernable components, vehicular access, parking and/or an upgrade or replacement of the equipment for better or more modern equipment. Adding a new wireless carrier or service provider to a wireless communications tower or site is a modification. A modification shall not include ordinary maintenance, as defined herein. Modifications shall be classified as major or minor.
(1) MAJOR MODIFICATIONImprovements to existing wireless telecommunications facility or support structure that result in a substantial change to the facility or structure. Co-location of new wireless telecommunications facilities to an existing transmission support structure without replacement of the structure shall not constitute a major modification. Major modifications include, but are not limited to, extending the height of the transmission support structure by more than 10 feet above its current height and/or the replacement of the structure. Major modification also includes the expansion of the base equipment or compound area for additional accessory equipment.
(2) MINOR MODIFICATIONImprovements to existing wireless telecommunications facility or transmission support structure that result in a material change to the facility or structure, but of a level, quality or intensity that is less than a substantial change. Such minor modifications include, but are not limited to, replacement of antennas and accessory equipment on a like-for-like basis within an existing wireless telecommunications facility and relocating the antennas of approved wireless telecommunications facilities to different height levels on an existing transmission support structure upon which they are currently located. Mounting additional antennas on an existing support structure is not considered a minor modification.
MONOPOLE A single, freestanding pole-type structure supporting one or more antennas. For purposes of this section, a monopole is considered a type of tower.
NIER Nonionizing electromagnetic radiation.
ORDINARY MAINTENANCE Ensuring that a wireless telecommunications facility and transmission support structure are kept in good operating condition. Ordinary maintenance includes inspections and testing to maintain functionality, aesthetic and structural integrity. Ordinary maintenance involves the normal repair of a wireless facility without adding, removing, or changing anything and therefore does not include minor and major modifications.
OWNER Any person with fee title or long-term (exceeding 10 years) leasehold to any parcel of land within the Village who desires to develop, or construct, build, modify, place, or erect a wireless telecommunications facility upon such parcel of land.
PERSON Any natural person, firm, partnership, association, corporation, company or other legal entity, private or public, whether for profit or not for profit.
PERSONAL WIRELESS SERVICES Commercial mobile services, unlicensed wireless services and common carrier wireless exchange access services as defined and as may be amended by Section 704 of the Federal Telecommunications Act.
PROVIDER Any carrier or provider of wireless services.
PUBLIC OR MUNICIPAL USE Any buildings, structures or land owned, operated and maintained by the Village of Westhampton Beach, including but not restricted to fire stations, police stations, recreation sites and facilities and school district.
RADIO FREQUENCY (RF) ENGINEER Someone with a background in electrical engineering or microwave engineering who specializes in the study of radio frequencies and is licensed in the State of New York.
RECOGNIZED HISTORICAL AREAS Districts, locations, or sites identified as having historic or architectural significance or through an ordinance, guideline, map, listing, cultural assessment, designation or potential designation by a local, state or federal government.
STEALTH Any tower or telecommunications facility which is designed to enhance compatibility with adjacent land uses, including, but not limited to, architecturally screened roof-mounted antennas, antennas integrated into architectural elements and towers designed to look other than like a tower, such as light poles, power poles and trees.
TOWER A freestanding lattice or monopole type structure that supports one or more antennas, also referred to as a "communications tower." The term "tower" shall not include amateur radio operators' equipment, as licensed by the FCC.
VIEWSHED An area which exhibits outstanding or unique arrangements of natural or man-made features, including water or water-related features, streetscape, land forms or vegetative patterns that provide inspiration, hold interest and command the attention of the viewing public. Visual resources can be of local, statewide or national importance and are often a function of two perspectives: the view of a given location and the view from a given location.
WIRELESS TELECOMMUNICATIONS FACILITY(IES) Any unmanned facility established for the purpose of providing wireless transmission of voice, data, images or other information including, but not limited to, cellular telephone service, personal communications service (PCS), and paging service. A telecommunication facility can consist of one or more antennas attached to a support structure and accessory equipment in one or more base station(s).