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 STRUCTURE
An 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.
AESTHETICS
Outward 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.
ANTENNA
A 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 ARRAY
A 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.
APPLICANT
Any 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.
APPLICATION
The 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.
BOARD
The Planning Board of the Village of Woodbury, except as
otherwise noted.
CAMOUFLAGED FACILITY
A 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-LOCATION
The 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 APPLICATION
An 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 NODE
A 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.
EAF
The 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.
EPA
The state and/or federal Environmental Protection Agency
or its duly assigned successor agency.
FAA
The Federal Aviation Administration or its duly designated
and authorized successor agency.
FALL ZONE
The 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.
FCC
The Federal Communications Commission or its duly designated
and authorized successor agency.
FREESTANDING TOWER
A 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 TOWER
A tower greater than 50 feet in height that is tied to the
ground or other surface by diagonal cables.
HEIGHT
When 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 TOWER
A 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, MAJOR
Modification 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, MINOR
Modification 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).
MONOPOLE
A 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.
MOUNT
The 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.
NIER
Nonionizing 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.
RADIO FREQUENCY (RF) TECHNICAL EXPERT
A certified or licensed radio frequency (RF) engineer specializing
in electrical or microwave engineering, specifically the study of
radio frequencies.
REPEATER
A 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 BARRIER
A locked, impenetrable wall, fence, or berm that completely
seals an area from unauthorized entry or trespass.
SENSITIVE RECEPTOR
A 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.
SETBACK
The 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 NODE
Low-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 PERMIT
The 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.
STATE
The State of New York.
STEALTH TECHNOLOGY/STEALTH STRUCTURE
A 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 CHANGE
An 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;
(2)
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;
(3)
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;
(4)
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;
(5)
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
(6)
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.
TELECOMMUNICATIONS
The transmission and 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 providing the services described in the
definition of "wireless telecommunications facilities."
TEMPORARY
In relation to all aspects of this section, something intended
to, or that does, exist for fewer than 90 days.
VILLAGE
The Village of Woodbury, New York.
WIRELESS TELECOMMUNICATIONS FACILITIES or TELECOMMUNICATIONS
TOWER or TELECOMMUNICATIONS SITE or PERSONAL WIRELESS FACILITY
A 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.