Definitions. As used in this section, the following terms shall mean and include:
ACCESSORY EQUIPMENT Any equipment servicing or being used in conjunction with a wireless telecommunications facility or wireless support structure. The term includes utility or transmission equipment, power supplies, generators, batteries, cables, equipment buildings, cabinets and storage sheds.
ANTENNA A system of electrical conducts that transmits or receives electromagnetic waves or radio frequencies signals. Such waves shall include, but not be limited to, radio, television, cellular, paging, personal telecommunications services (PCS) and microwave telecommunications.
CO-LOCATION The installation or mounting of a small wireless facility in the public right-of-way on an existing support structure, an existing tower, or an existing pole to which a small wireless facility is attached at the time of the application.
COMMUNICATIONS FACILITY (a) Collectively, the equipment at a fixed location or locations within the public right-of-way or on private property that enables communication services, including:
[1] Radio transceivers, antennas, coaxial, fiber-optic or other cabling, power supply (including backup battery), and comparable equipment, regardless of technological configuration; and
[2] All other equipment associated with any of the foregoing.
(b) "Communications facility" does not include the pole, tower or support structure to which the equipment is attached.
COMMUNICATIONS SERVICE PROVIDER Cable service, as defined in 47 U.S.C. § 522(6); information service or broadband, as defined in 47 U.S.C. § 153(24); or telecommunications service, as defined in 47 U.S.C. § 153(53).
DECORATIVE POLE A pole that is specially designed and placed for aesthetic purposes.
DISTRIBUTED ANTENNA SYSTEM (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.
ELIGIBLE SUPPORT STRUCTURE Any tower or base station as defined in this section, provided that it is existing at the time the relevant application is filed with the Town of Glenville.
ORDINARY MAINTENANCE AND REPAIR Inspections, testing and/or repair of existing communications facilities that maintain functional capacity, aesthetics and structural integrity of a communications facility and/or the associated support structure, pole or tower, that does not require blocking, damaging or disturbing any portion of the pubic right-of-way.
POLE A legally constructed pole, such as a utility, lighting, traffic, or similar pole made of wood, concrete, metal or other material, located or to be located within the public right-of-way. A pole does not include a tower or support structure.
POLE EXTENDER An object affixed between a pole and an antenna for the purpose of increasing the height of the antenna above a pole.
PUBLIC RIGHT-OF-WAY (ROW) The area on, below, or above property that has been designated for use as or is used for a public roadway, highway, street, sidewalk, alley or similar purpose, and for purposes of this section shall include public utility easements, but only to the extent the Town has to permit use of the area or public utility easement for communications facilities or poles, towers and support structures that support communications facilities. The term does not include a federal interstate highway or other areas that are not within the legal jurisdiction, ownership or control of the Town.
PUBLIC UTILITY EASEMENT Unless otherwise specified or restricted by the terms of the easement, the area on, below, or above a property in which the property owner has dedicated an easement for use by utilities. Public utility easement does not include an easement dedicated solely for Town use, or where the proposed use by the provider is inconsistent with the terms of any easement granted to the Town.
REPLACE or REPLACEMENT In connection with an existing pole, support structure or tower, to replace (or the replacement of) same with a new structure, substantially similar in design, size and scale to the existing structure and in conformance with this section and any other applicable Town code regulations, in order to address limitations of the existing structure to structurally support co-location of a communications facility.
SMALL-CELL WIRELESS TELECOMMUNICATIONS FACILITY or SMALL-CELL FACILITY A facility which meets the following conditions:
(a) The facility:
[1] Is mounted on structures 50 feet or less in height including its antennas as defined in 47 CFR 1.1320(d); or
[2] Is mounted on structures no more than 10% higher than other adjacent structures; or
[3] Does not extend an existing structure on which it is located to a height of more than 50 feet or 10%, whichever is greater;
(b) Each antenna, excluding associated antenna equipment, is no more than three cubic feet in volume;
(c) All other wireless equipment associated with the structure, including the wireless equipment associated with the antenna and any preexisting associated equipment on the structure, is no more than 28 cubic feet in volume;
(d) The facility does not require antenna structure registration under 47 CFR Part 17 or similar applicable regulations;
(e) The facility does not result in human exposure to radio frequency radiation in excess of the applicable safety standards specified in 47 CFR 1.1307(b) or similar applicable regulations; and
SUPPORT STRUCTURE A structure in the public right-of-way other than a pole or a tower to which a wireless facility is attached at the time of the application.
TOWER Any structure built for the sole or primary purpose of supporting any licensed or authorized antennas and their associated facilities, including structures that are constructed for wireless communications services, including, but not limited to, private, broadcast, and public safety services, as well as unlicensed wireless services and fixed wireless services such as microwave backhaul, and the associated site.
UTILITY POLE A pole or similar structure that is used, in whole or in part, for the purpose of carrying electric distribution lines or cables or wires for telecommunications, cable or electric service, or for lighting, traffic control, signage, or a similar function regardless of ownership, including Town-owned poles. Such term shall not include structures supporting only wireless telecommunication service facilities.
WIRELESS TELECOMMUNICATIONS SERVICES FACILITY A structure, facility or location designed or intended to be used as, or used to support, antennas. It includes, without limit, freestanding towers, guyed towers, monopoles, small-cell telecommunications facilities on utility poles in the public right-of-way or property of the Town of Glenville or of another municipal corporation with the Town of Glenville and similar structures that employ camouflage technology, including, but not limited to, structures such as a multistory building, church steeple, silo, water tower, sign or other similar structures intended to mitigate the visual impact of an antenna or the functional equivalent of such. It is a structure intended for transmitting and/or receiving radio, television, cellular, personal telecommunications services, commercial satellite services or microwave telecommunications, but excluding those used exclusively for dispatch telecommunications, or exclusively to private radio and television reception and private citizens' bands, amateur bands, amateur radio and other similar telecommunications.