Definitions; word usage. For purposes of this section, and where not inconsistent with the context of a particular section, the defined terms, phrases, words, abbreviations and their derivations shall have the meaning given in this section. When not inconsistent with the context, words in the present tense include the future tense, words used in the plural number include words in the singular number and words in the singular number include the plural number. The word "shall" is always mandatory and not merely directory.
ACCESSORY FACILITY OR STRUCTUREAn accessory facility or structure serving or being used in conjunction with wireless telecommunications facilities and located on the same property or lot as the wireless telecommunications facilities, including but not limited to utility or transmission equipment storage sheds or cabinets or emergency back-up power generators.
AESTHETICSOutward appearance: the way an item or structure 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 that are preferred in the Village of Woodbury will be kept on file with the Village Building Department in electronic format.
ANTENNAA system of electrical conductors that transmit or receive electromagnetic waves or radio frequency signals. Such waves shall include but are not limited to radio, television, cellular, LTE, 4G, 5G, paging, personal communications services, and microwave telecommunications.
ANTENNA ARRAYA set or group of antennas associated with a single wireless telecommunications facility (e.g., a group of panel antennas located at the same height on a tower or other structure) for use by a particular carrier of telecommunications wireless services.
APPLICANTAny person or entity submitting an application to the Village of Woodbury for a special permit, site plan, and/or building permit for wireless telecommunications facilities.
APPLICATIONThe form approved by the Planning Board or Building Department, together with all necessary and appropriate documentation that an applicant submits in order to receive a special permit, site plan approval, and/or a building permit for wireless telecommunications facilities. It is noted that applications for variances may also be required for certain proposed wireless telecommunications facilities.
BOARDThe Planning Board of the Village of Woodbury, except as otherwise noted.
CAMOUFLAGED FACILITYA wireless telecommunications facility in which antennas and other equipment is disguised or shielded from views by use of colors and textures that blend with the environment, or is placed within or behind an enclosure, cover, or screening wall or otherwise 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 preferred wireless facility aesthetic designs - including camouflagingWill be kept on file with the Village Building Department. Camouflaging also pertains to the stealth tree monopole configuration, in terms of pole color/texture; branch style, taper, and density.
CO-LOCATIONThe use of a common telecommunications tower or structure to accommodate two or more facilities (single antenna or arrays) for wireless services by two or more carriers. The first application to locate a wireless facility on an existing nontelecommunications tower or structure is to be submitted to the Planning Board for special permit and site plan review pursuant to this section. Any applications for minor modifications (see definition), including co-location on an existing nontelecommunications structure (e.g., the second or third application at such structure) or co-location on an existing wireless telecommunications facility that meets the definition of a minor modification, are to be submitted to the Building Department for a building permit. All major modifications (see definition) shall be processed pursuant to this section, including the submittal of an application to the Planning Board for site plan and special permit review.
COMPLETED APPLICATIONAn application that contains all information and/or data necessary to enable the Board or Building Department to evaluate the merits of the application, and to make an informed decision with respect to the effect and impact of wireless telecommunications facilities on the Village in the context of the permitted land use for the particular location requested.
DISTRIBUTED ANTENNA SYSTEM (DAS)/DAS NODEA wireless technology consisting of a network of antenna nodes (typically affixed to existing utility poles or other low-elevation structures and installed lower to the ground than conventional panel antennas on telecommunications towers) and supporting equipment to provide wireless services within a specific geographic area. 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.
EAFThe current version of the SEQRA environmental assessment form (short or long form, as required for a given application) approved by the New York Department of Environmental Conservation.
EPAThe state and/or federal Environmental Protection Agency or its duly assigned successor agency.
FAAThe Federal Aviation Administration or its duly designated and authorized successor agency.
FALL ZONEThe area on the ground within a prescribed radius from the base of a wireless telecommunications facility, tower, or small cell or DAS node. 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 support structure itself). For new towers, a hinge-point is at times incorporated into the design to reduce the structure's potential area of collapse in the case of a catastrophic failure.
FCCThe Federal Communications Commission or its duly designated and authorized successor agency.
FREESTANDING TOWERA tower greater than 50 feet in height that is not supported by guy wires and ground anchors or other means of attached or external support.
GUYED TOWERA tower greater than 50 feet in height that is tied to the ground or other surface by diagonal cables.
HEIGHTWhen referring to a tower or structure, the distance measured from the preexisting grade level to the highest point on the tower or structure, even if said highest point is an antenna, lightning rod or camouflaged element.
LATTICE TOWERA 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.
MODIFICATION, MAJORModification or upgrade to an existing wireless telecommunications facility that substantially changes (see definition) the physical dimensions or visual impact of any aspect of the facility, as determined by the Village Building Inspector. 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 or support structure height by more than 10% of the originally approved and/or constructed tower or support structure height (whichever is less); 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 volume of utility pole-mounted equipment, or other criteria); or proposed lighting or beacon where one does not currently exist.
MODIFICATION, MINORModification 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, as determined by the Village Building Inspector (i.e., other than a major modification). 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 or support structure height (or an increase in tower/support structure height of less than 10% of the originally approved and/or constructed 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 volume of utility pole-mounted equipment or other criteria).
MONOPOLEA stream-lined self-supporting pole structure greater than 50 feet in height constructed of wood, steel or concrete with below-grade foundations and with no exterior guy cables or anchors. New poles that are less than 50 feet will be considered as small cells.
MOUNTThe structure or surface upon which antennas and ancillary equipment are mounted and likely to be visible to the general public, including, but not limited to the following types of mounts:
(3) STRUCTURE-MOUNTEDMounted on a telecommunication tower structure, utility pole, or structure other than a building. This includes antenna array frame systems, single antennas on a utility pole, or antennas mounted flush to the structure surface.
NIERNonionizing electromagnetic radiation.
PERSONAny individual, corporation, estate, trust, partnership, joint-stock company, association of two or more persons having a joint common interest, or any other entity.
RADIO FREQUENCY (RF) TECHNICAL EXPERTA certified or licensed radio frequency (RF) engineer specializing in electrical or microwave engineering, specifically the study of radio frequencies.
REPEATERA small receiver/relay transmitter designed to provide service to areas that are not able to receive adequate coverage directly from a primary sending and receiving site in a wireless telecommunications network.
SECURITY BARRIERA locked, impenetrable wall, fence, or berm that completely seals an area from unauthorized entry or trespass.
SENSITIVE RECEPTORA place/land use (e.g., historic property, scenic overlook, wetland, ridge preservation overlay district) that may have an increased sensitivity to views or noise generated by a telecommunications facility, including those on towers or other structures, and small cells.
SETBACKThe distance in feet between a structure used to accommodate a wireless telecommunications facility, antenna, or any element of the facility and a property line, (ROW boundary, or an identified physical feature such as an occupied structure on the property or a natural feature such as a watercourse or regulated wetland.
SMALL CELLS/SMALL CELL NODELow-powered wireless antennas and 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 new or 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, with a maximum height from the grade to the highest element of no greater than 50 feet) is referred to as a node. Any new support structures for a small cell will be 50 feet or less in height above ground level.
SPECIAL PERMITThe official document or permit by which an applicant is allowed to construct and use wireless telecommunications facilities as granted or issued by the Village. This will include a site plan approval unless waived by the Board. A special permit is required for new tower applications, small cell or DAS applications where one or more new poles are proposed, the first application on an existing nontelecommunications tower or structure, including existing utility poles, all major modifications to existing wireless facilities, and as determined by the Building Department and in this section.
STATEThe State of New York.
STEALTH TECHNOLOGY/STEALTH STRUCTUREA method of installing and/or constructing wireless telecommunications facilities with designs that conceal or disguise their presence (see "camouflaged facility" definition). This may include but is not limited to the use of color-matching, antenna concealment systems for small cells and rooftop proposals, screening walls, artificial tree limbs for new telecommunications towers, landscaping around ground-based equipment areas, and installing ancillary equipment underground.
SUBSTANTIAL CHANGEAn increase in the size of an existing telecommunications tower; an increase in size or positioning of existing wireless telecommunications facility equipment at other structures such as a rooftop, water tank, or utility pole that accommodates a permitted antenna facility; or a change in existing ground-based equipment consisting of one or more of the following:
(1) Height/antenna placement: the mounting of antennas on a telecommunications tower greater than 50 feet tall or nontelecommunications structure that would increase overall structure height (e.g., top of tower, structure, or top of existing antenna) by more than 10% of the height originally approved or constructed (whichever is less). The mounting of the proposed antennas may exceed the height limits set forth in this subsection if necessary to avoid interference with existing antennas. For modifications to permitted DAS or small cell nodes, the pole shall not be increased above 50 feet in height and the aggregate volume of all above-grade antennas and ancillary equipment shall be a maximum of 35 cubic feet at any node;
Ground-based and ancillary equipment: the installation of additional equipment cabinets or shelters that would increase the overall dimension of the existing ground-based compound, rooftop, or other equipment compound by more than 10% of the existing. This is 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 at tower sites. New equipment proposed at a small cell site that exceeds the aggregate volume noted above may be proposed to be placed below grade;
Ground-based equipment: the excavation outside the current tower or other structure 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 unless placed within the base of a decorative pole and approved by the Board;
Ancillary equipment: the installation of new or additional generators, resulting in increases to noise at the property line by more than conditions of Chapter
208;
Lighting: the installation of new FAA- or 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% from permitted conditions. Strobe or flashing lighting will not be permitted without documentation of FAA or other applicable requirements, and multiple proposals to modify the wireless facility lighting at a particular site may require the submittal and Village review of a site-specific lighting plan. Lights at small cell nodes such as a proposed street light that conforms to existing lighting in the area may be permitted by the Board or Building Department; or
The addition of an appurtenance to the body of the tower or structure (excluding small cells and DAS nodes) that would protrude horizontally from the edge of the existing support structure by three feet or more than the distance that existing appurtenances protrude from the edge of the existing support structure, 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.
TELECOMMUNICATIONSThe transmission and reception of audio, video, data and other information by wire, radio frequency, light and other electronic or electromagnetic systems.
TELECOMMUNICATIONS STRUCTUREA structure used in providing the services described in the definition of "wireless telecommunications facilities."
TEMPORARYIn relation to all aspects of this section, something intended to, or that does, exist for fewer than 90 days.
VILLAGEThe Village of Woodbury, New York.
WIRELESS TELECOMMUNICATIONS FACILITIES or TELECOMMUNICATIONS TOWER or TELECOMMUNICATIONS SITE or PERSONAL WIRELESS FACILITYA structure, facility, or location designed or intended to be used as, or used to support, antennas and ancillary or accessory equipment. It includes, without limit, freestanding towers, lattice towers, guyed towers, monopoles, and similar structures that employ camouflage technology, including, but not limited to structures such as a multistory building, church steeple, silo, water tower, sign, utility poles, 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, paging, personal telecommunications services (including 4G, LTE, and 5G licensed frequencies), emergency services, or microwave telecommunications, but excluding those used exclusively for Village or Town fire, police and other dispatch telecommunications, or exclusively for private radio and private citizen's bands, amateur radio and other similar telecommunications.