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,
or an immediately adjacent lot, including, but not limited to, utility
or transmission equipment storage sheds or cabinets.
ANTENNA
A system of electrical conductors that transmit or receive
electromagnetic waves or radio frequency or other wireless signals.
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 City 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.
CO-LOCATION
The use of an existing tower or a structure used as an existing
cell antenna site to support antenna(s) for the provision of wireless
services pursuant to a building permit or special use permit from
the City. 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
within 90 days after the new tower is constructed, and the site remains
in compliance with applicable permits and all other provisions of
the City Code.
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 City from the applicant in application 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 or MODIFIED
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 would be inconsistent with an existing permit for
the facility but, in the judgment of the City Code Enforcement Officer,
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 that 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 City Code Enforcement Officer, identical to the existing
equipment or component being replaced. The term "repair and maintenance"
shall not include any matters which the City Code Enforcement Officer
determines is a modification, as defined herein.
SMALL WIRELESS FACILITIES
A wireless facility or other facility providing communications
service that meets the criteria found in 47 CFR 1.6002.
SPECIAL USE PERMIT
The official document or permit granted by the Board of Appeals
under which an applicant is allowed to obtain a building permit from
the City Code Enforcement Officer 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 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 facilities."
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.
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, sizes 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, wireless
Internet services, microwave services and any commercial wireless
telecommunication service, including small wireless facilities.
ZONING CODE
The Zoning Code of the City of Glens Falls, found in Chapter
220 of the Glens Falls City Code.