As used in this chapter, 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 lot as the wireless telecommunications facilities,
or an immediately adjacent lot, including, but not limited to, utility
or transmission equipment storage sheds or cabinets.
APPLICANT
Any wireless service provider submitting an application for
a special use permit or other approval for wireless telecommunications
facilities.
APPLICATION
A formal request that the Town grant a building permit, special
use permit, or other approval for a wireless telecommunications facility,
including all documentation, information, and communications from
or on behalf of the applicant relating to the request.
ANTENNA
A system of electrical conductors that transmit or receive
electromagnetic waves or radio frequency or other wireless signals.
BOARD
The Zoning Board of Appeals of the Town of Oyster Bay.
CO-LOCATION
The use of an existing tower or a structure used as an existing
cell antenna site to support antennas for the provision of wireless
services pursuant to a building permit or special use permit from
the Town. A replacement tower that is constructed on the same site
as an existing tower will be considered a co-location as long as the
new tower is no taller than the old tower, the old tower is removed
in a time frame as determined by the Department of Planning and Development
after the new tower is constructed, and the site remains in compliance
with applicable permits.
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.
COMPLETED APPLICATION
An application that contains all information and/or data
requested by the Town from the applicant in applications, forms or
otherwise 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 tower or structure, the distance measured
from the mean level of the established center-line grade of the street
adjacent to the parcel 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 of any of the physical or
visually discernible components, colors, or other aspects of a wireless
telecommunications facility (such as antennas, cabling, equipment
shelters, landscaping, shrouding, fencing, utility feeds, vehicular
access, or parking, specifically including new transmission equipment,
removal of transmission equipment, replacement of transmission equipment,
or changes of wireless carrier or service provider), which addition,
removal or change that would be inconsistent with an existing permit
for the facility but, in the judgment of the Commissioner of Planning
and Development, will likely qualify for approval under a permit conformed
to reflect such addition, removal or change.
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.
REPAIRS AND MAINTENANCE
Any matters that involve the normal repair and maintenance
of a wireless facility and are not a modification as defined in this
chapter. Normal repair and maintenance does not change the physical
or visually discernible appearance of the facility or any part thereof
as it was originally permitted. It also means the normal replacement
of any equipment or components of a wireless facility without an increase
in height, and where the replacement is, in the judgment of the Commissioner
of Planning and Development, identical to the existing equipment or
component being replaced. The term "repair and maintenance" shall
not include any matters which the Commissioner of Planning and Development
determines is a modification, as defined herein.
SPECIAL USE PERMIT
The official document or permit granted by the Zoning Board
of Appeals under which an applicant is allowed to obtain a building
permit from the Department of Planning and Development to construct
a new wireless telecommunications facility.
STATE
The State of New York.
STEALTH or STEALTH TECHNOLOGY
To minimize 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 any other information by wire, radio frequency, light, and other
electronic or electromagnetic systems.
TELECOMMUNICATIONS STRUCTURE
A building or structure used in the provision of services
described in the definition of "wireless telecommunications facility."
TEMPORARY
Temporary in relation to all aspects and components of this
chapter; something intended to, or that does not, exist for more than
90 days.
TOWER
Any structure designed primarily to support an antenna for
receiving and/or transmitting a wireless signal.
TOWN
The Town of Oyster Bay.
WIRELESS TELECOMMUNICATIONS FACILITY
Includes a telecommunications site and personal wireless
facility. It means 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, without limit, towers of all
types and kinds and structures, including, but not limited to, buildings,
church steeples, signs or other structures that can be used as a support
structure for antennas or the functional equivalent of such. It further
includes all related facilities and equipment 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, SMR, paging, 911, personal communications services (PCS),
commercial satellite services, microwave services and any commercial
wireless telecommunication service not licensed by the FCC.