As used in this article, 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 lots as the wireless telecommunications facilities,
including but not limited to, utility or transmission equipment storage
sheds or cabinets.
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.
APPLICANT
Any wireless service provider submitting an application for
a special use permit for wireless telecommunications facilities.
APPLICATION
All the necessary and appropriate documentation that an applicant
is required to submit for consideration of a special use permit for
a wireless telecommunications facilities as specifically set forth
in this article.
BOARD
The Board of Trustees of the Incorporated Village of Laurel
Hollow, which is hereby authorized to review special use permit applications
pursuant to this article.
COLLOCATION
The use of a wireless telecommunications facility or other
structure to support antenna for the provision of wireless services
without increasing the height of such facility or other structure.
COMPLETED APPLICATION
An application that contains all the information and/or data
required by this article 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 wireless telecommunications facility
or other structure, the distance measured from the preexisting grade
level to the highest point on such facility or other structure, even
if said highest point is an antenna or lightening protection device.
MODIFICATION
The addition, removal, change or alteration of any of the
physical and visually discernable components or aspects of a wireless
telecommunications 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 changeout of equipment for better or
more modern equipment. Adding a new wireless carrier or service provider
to a wireless telecommunications facility or telecommunications site
for purposes of this article shall be deemed as a modification. 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 matters that involve the
normal repair and maintenance of a wireless telecommunications facility
without adding, removing, changing, or altering the wireless telecommunications
facility in any respect.
NIER
Non-ionizing 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.
PUBLIC UTILITY STRUCTURE
Any structure erected for the purposes of providing a public
utility service, including, but not limited to, water towers, electric
transmission tower/poles and telephone poles.
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.
SECONDARY WIRELESS TELECOMMUNICATIONS SERVICE FACILITY
A small Wireless Telecommunications Service facility that
is intended, designed and limited in its implementation to provide
service only in and for an area where there is a failure of coverage
that does not involve the construction of a new tower or increase
the height of any existing structure to which it is attached.
SPECIAL USE PERMIT
The official document or permit issued by the Board pursuant
to which an applicant is permitted to construct, maintain and use
a wireless telecommunications facility as granted or issued pursuant
to this article. The Board is hereby authorized to review and approve,
approve with modifications, or disapprove special use permits and
site plans consistent with Village Law, §§ 7-725 and
7-725(b).
STATE
The State of New York.
STEALTH or STEALTH TECHNOLOGY
The use of innovative design technology to minimize adverse
aesthetic and visual impacts on the land, property, buildings, and
other facilities located adjacent to, surrounding, and in generally
the same area as the requested location of such wireless telecommunications
facilities.
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
article, something intended to or that does exist for less than 90
days.
VILLAGE
The Incorporated Village of Laurel Hollow.
WIRELESS TELECOMMUNICATIONS FACILITIES
Include personal wireless facilities and antennas and associated
equipment and/or a structure, tower, facility or location designed,
or intended to be used as or used to support antennas or other transmitting
or receiving devices. This includes, without limitation, all kinds
of structures that employ stealth 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 includes towers
of all types intended to accommodate wireless telecommunications facilities
and secondary wireless telecommunications service facilities and repeaters.
It is a structure and facility intended for transmitting and/or receiving
radio, television, cellular, paging, 911, personal and emergency 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.