[Adopted 9-22-1997 by L.L. No. 7-1997]
As used in this article, the following terms
shall have the meanings indicated:
ALTERNATIVE TOWER STRUCTURE
Any man-made trees, clock towers, bell steeples, light poles
and similar alternative-design mounting structures that camouflage
or conceal the presence of antennas or towers.
ANTENNA
Any device or exterior apparatus mounted on a tower, building,
utility pole, light pole or other structure designed for telephonic,
radio, data, Internet, or television communications to transmit or
receive communication signals or electromagnetic waves for the purpose
of providing cellular services, telecommunications services, personal
communications services, personal wireless services, wireless cable,
commercial paging, data, or wireless services, and its attendant base
station, utilizing microcells or frequencies authorized by the Federal
Communications Commission.
BACKHAUL NETWORK
The lines that connect a provider's towers/cell sites to
one or more cellular telephone switching offices, and/or long distance
providers, or the public switched telephone network.
CELL SITE
A tact or parcel of land that contains the personal wireless
service facilities including any antenna, support structure, accessory
buildings, and parking, and may include other uses associated with
and ancillary to personal wireless services.
COLLOCATED ANTENNAS
Communication tower and antenna which utilize existing towers,
as defined in this section, for placement of antenna(s) or replacement
of existing towers which do not require construction of a new tower.
Replacement of an existing tower to accommodate collocation, provided
such newer tower does not exceed the height of the existing tower,
will not be deemed to be construction of a new tower as stated in
this definition.
FAA
The Federal Aviation Administration.
FALL-DOWN ZONE
The radius around a Communication Tower within which all
portions of the Communication Tower and Antennas would fall in the
event of a structural failure of the communication tower and antenna.
Lacking evidence to the contrary the radius required shall be assumed
to be equal to double the height of the tower.
FCC
The Federal Communications Commission.
HEIGHT
When referring to a tower or other structure, height is the
distance measured from the finished grade of the parcel to the highest
point on the tower or other structure, including the base pad and
any antenna.
PREEXISTING TOWERS and PREEXISTING ANTENNAS
Any tower or antenna for which a building permit or special use permit has been properly issued prior to the effective date of §
220-12 of this article, including permitted towers or antennas that have not yet been constructed so long as such approval is current and not expired.
TOWER
Any structure that is designed and constructed primarily
for the purpose of supporting one or more antennas for telephone,
radio and similar communication purposes, including self-supporting
lattice towers, guyed towers, or monopole towers. The term includes
radio and television transmission towers, microwave towers, common-carrier
towers, cellular telephone towers, alternative tower structures, and
the like. The term includes the structure and any support thereto.
VILLAGE LAND
Real estate located in the Village of Depew which is owned,
leased or otherwise controlled by the Village of Depew.
Any antenna or tower that is not operated for
a period of 12 months shall be considered abandoned, and the owner
of such antenna or tower shall remove the same within 90 days of receipt
of notice from the Village of Depew notifying the owner of such abandonment.
If any clause, sentence, paragraph or part of
this article or application thereof to any person or circumstance
shall be adjudged by any court to be invalid, such judgment shall
not affect, impair or invalidate the remainder thereof or the application
thereof to other persons and circumstances but shall be confined in
its operation to the clause, sentence, paragraph or part thereof and
the persons and circumstances directly involved in the controversy
in which such judgment shall have been rendered.
This article shall take effect immediately upon
filing with the Secretary of State of the State of New York.
[Adopted 2-10-2020 by L.L. No. 1-2020]