This chapter shall be known as "Wireless Telecommunication Facilities."
This chapter shall apply to the placement, construction and
modification of existing and new wireless telecommunications facilities
and towers within the City of Auburn.
As used in this chapter, unless the context or subject matter
requires otherwise, the following terms shall have the meanings indicated:
ABANDONED
Any facility which has not been operational for six consecutive
months.
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 communications 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.
APPLICANT
Any individual, corporation, organization, or entity submitting
an application for a special use permit for wireless telecommunications
facilities.
BOARD
The Planning Board of the City of Auburn.
CITY
The City of Auburn, New York.
CO-LOCATION
The use of a tower or structure to support antennas for the
provision of wireless services without increasing the height of the
tower or structure.
COMMERCIAL IMPRACTICABILITY or COMMERCIALLY IMPRACTICABLE
The inability to perform an act on terms that are reasonable
in commerce, the cause or occurrence of which could not have been
reasonably anticipated or foreseen and that jeopardizes the financial
efficacy of the project. The inability to achieve a satisfactory financial
return on investment or profit, standing alone, shall not deem a situation
to be commercially impracticable and shall not render an act or the
terms of an agreement commercially impracticable.
COMMUNICATION TOWER or TOWER
A vertical structure erected to support antennas, or other
transmitting or receiving devices. Communication towers may include,
but not be limited to, monopole, lattice, and guided towers. Communications
towers are generally a component of a wireless telecommunications
facility.
COMPLETED APPLICATION
An application that contains all information and/or data
necessary to enable an informed decision to be made by the Board with
respect to an application.
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 communication facility. The fall zone is the area
within which there is a potential hazard from falling debris (such
as ice) or collapsing material.
FCC
The Federal Communications Commission or its duly designated
and authorized successor agency.
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 or lightning
protection device.
MODIFICATION or MODIFY
The addition, removal or change or any of the physically,
visually, and auditory discernible components or aspects of a wireless
facility, such as antennas, cabling, radios, equipment shelters, landscaping,
fencing, utility feeds, changing the color or materials of any visually
discernible components, vehicular access, parking and/or an upgrade
or change-out of equipment for better or more modern equipment. Adding
a new wireless carrier or service provider to a communications tower
or telecommunications site is a modification. A modification shall
not include the replacement of any components of a wireless 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 facility without adding, removing or changing anything.
NIER
Nonionizing electromagnetic radiation.
PERSON
Any individual, corporation, limited liability company, estate,
trust, partnership, joint-stock company, association of two or more
persons having a joint common interest, or any other entity.
RFE
Radio frequency emissions.
SEQRA
The State Environmental Quality Review Act.
SPECIAL USE PERMIT or SUP
The official permit issued by the Board which allows an applicant
to construct and use wireless telecommunications facilities.
STEALTH or STEALTH TECHNOLOGY
To minimize the adverse aesthetic and visual impacts on the
land, property, buildings, and other facilities adjacent to, surrounding,
and in generally the same area as the requested location of such wireless
telecommunications facilities, which shall mean using the least visually
and physically intrusive facility that is not technologically or commercially
impracticable under the facts and circumstances.
TELECOMMUNICATIONS
The transmission and/or reception of audio, video, data,
and other information by wire, radio frequency, light and other electromagnetic
systems.
TEMPORARY
Temporary in relation to all aspects and components of this
chapter, something intended to, or that does, exist for fewer than
90 days.
WIRELESS TELECOMMUNICATIONS FACILITIES or WTF or TELECOMMUNICATIONS
SITE or PERSONAL WIRELESS FACILITY or FACILITY
Includes a structure, facility or location designed or intended
to be used as, or used to support, antennas or other transmitting
or receiving devices. This includes, but is not limited to, towers
or all types and kinds and structures that employ camouflage technology,
including, but not limited to, structures such as 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 is a structure and facility intended for transmitting and/or receiving
radio, television, cellular, paging, 911, personal telecommunications
services, commercial satellite services, microwave services, and services
not licensed by the FCC, but not expressly exempt from the City's
siting, building, and permitting authority, excluding those used exclusively
for the City'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.
Where this section differs or conflicts with other laws, rules
and regulations, unless the right to do so is preempted or prohibited
by the City, state or federal government, this chapter shall control.
If any section, subsection, clause, sentence, phrase, or portion
of this chapter or application thereof to any person or circumstance
is, for any reason, held invalid or unconstitutional by any court
of competent jurisdiction, such portion shall be deemed a separate,
distinct and independent provision and such holding shall not affect
the validity of the remaining portions hereof.
Special use permits issued in accordance with this chapter shall
not be exclusive, and shall not be assigned, transferred, or conveyed
without the express written approval from the Board, which shall not
be unreasonably withheld.