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. The definitions set forth herein shall supersede any definitions set forth within §
150-6, and the definitions set forth hereinbelow shall control and apply to §
150-126 and all subparagraphs herein.
ACCESSORY FACILITY or ACCESSORY STRUCTURE
A facility or structure serving or being used in conjunction
with a personal wireless services facility or complex and located
on the same property or lot as the personal wireless services facility
or complex, or an immediately adjacent lot including, but not limited
to, utility or transmission equipment storage sheds or cabinets.
ACHP
The federal Advisory Council on Historic Preservation.
ADEQUATE COVERAGE
As determined by the Planning Board, "adequate coverage"
means that a specific wireless carrier's personal wireless service
coverage is such that the vast majority of its customers can successfully
use the carrier's personal wireless service the vast majority
of the time, in the vast majority of the geographic locations within
the Town, that the success rate of using their devices exceeds 97%,
and that any geographic gaps in a carrier's gaps in personal
wireless services are not significant gaps, based upon such factors
including, but not limited to, lack of significant physical size of
the gap, whether the gap is located upon a lightly traveled or lightly
occupied area, whether only a small number of customers are affected
by the gap, and/or whether or not the carrier's customers are
affected for only limited periods of time. A wireless carrier's
coverage shall not be deemed inadequate simply because the frequency
or frequencies at which its customers are using its services are not
the most preferred frequency of the wireless carrier.
ANTENNA
An apparatus designed for the purpose of emitting radiofrequency
(RF) radiation, to be operated or operating from a fixed location,
for the provision of personal wireless service.
APPLICANT
Any individual, corporation, limited-liability company, general
partnership, limited partnership, estate, trust, joint-stock company,
association of two or more persons having a joint common interest,
or any other entity submitting an application for a special use permit,
site plan approval, variance, building permit, and/or any other related
approval, for the installation, operation and/or maintaining of one
or more personal wireless service facilities.
APPLICATION
Refers to all necessary and required documentation and evidence
that an applicant must submit to receive a special use permit, building
permit, or other approval for personal wireless service facilities
from the Town.
BOARD
The Planning Board of the Town of Fishkill.
CELL TOWER
A freestanding, guy-wired, or otherwise supported pole, tower,
or other structure designed to support or employed to support, equipment
and/or antennas used to provide personal wireless services, including,
but not limited to, a pole, monopole, monopine, slim stick, lattice
tower or other types of standing structures.
CEQ
The Council on Environmental Quality as established under
NEPA.
CO-LOCATION and/or CO-LOCATE
To install, mount or add new or additional equipment to be
used for the provision of personal wireless services to a preexisting
structure, facility, or complex which is already built and is currently
being used to provide personal wireless services, by a different provider
of such services, wireless carrier or site developer.
COMPLETE APPLICATION, COMPLETED APPLICATION
An application that contains all the necessary and required
information, records, evidence, reports, and/or data necessary to
enable an informed decision to be made with respect to an application.
Where any information is provided pursuant to the terms of this section
and the Zoning Administrator or the Town's expert or consultant
or the Board determines, based upon information provided, that any
additional, further or clarifying information is needed as to one
or more aspects, then the application will be deemed incomplete until
that further or clarifying information is provided to the satisfaction
of the Zoning Administrator, Planning Board or the Town's expert
or consultant or the Board.
COMPLEX
The entire site or facility, including all structures and
equipment, located at the site.
DEPLOYMENT
The placement, construction, or substantial modification
of a personal wireless service facility.
DISTRIBUTED ANTENNA SYSTEM, DAS
A network of spatially separated antenna nodes connected
to a common source via a transport medium that provides personal wireless
services within a geographic area.
EFFECTIVE PROHIBITION
A finding by the Planning Board that, based upon an applicant's
submission of sufficient probative, relevant, and sufficiently reliable
evidence, and the appropriate weight which the Board deems appropriate
to afford same, an applicant has established that an identified wireless
carrier does not have adequate coverage as defined hereinabove, but
suffers from a significant gap in its personal wireless services within
the Town and that a proposed installation by that applicant would
be the least intrusive means of remedying that gap, such that a denial
of the application to install such installation would effectively
prohibit the carrier from providing personal wireless services within
the Town. Any determination of whether an applicant has established,
or failed to establish, both the existence of a significant gap and
whether its proposed installation is the least intrusive means of
remedying such gap, shall be based upon substantial evidence, as is
hereinafter defined.
ELEVENTH-HOUR SUBMISSION
An applicant's submission of new and/or additional materials
in support of an application within 48 hours of the expiration of
an applicable shot clock, or at an otherwise unreasonably short period
of time before the expiration of the shot clock, making it impracticable
for the Planning Board to adequately review and consider such submissions
due to their complexity, volume, or other factors, before the expiration
of the shot clock.
ENURE
To operate or take effect. To serve to the use, benefit,
or advantage of a person or party.
EPA
The United States Environmental Protection Agency.
FAA
The Federal Aviation Administration, or its duly designated
and authorized successor agency.
FACILITY
A set of wireless transmitting and/or receiving equipment,
including any associated electronics and electronics shelter or cabinet
and generator.
FCC
The Federal Communications Commission.
HEIGHT
When referring to a tower, personal wireless service facility,
or personal wireless service facility structure, the height shall
mean the distance measured from the preexisting grade level to the
highest point on the tower, facility, or structure, including, but
not limited to, any accessory, fitting, fitment, extension, addition,
add-on, antenna, whip antenna, lightning rod or other types of lightning-protection
devices attached to the top of the structure.
HISTORIC STRUCTURE
Any structure that would meet the definition of a "regulated
structure" as defined in this chapter.
IN-KIND REPLACEMENT
The replacement of a malfunctioning component(s) with a properly
functioning component of substantially the same weight, dimensions,
and outward appearance.
MACROCELL
A cellular base station that typically sends and receives
radio signals from large towers and antennas. These include traditionally
recognized cell towers, which typically range from 50 feet to 199
feet in height.
MAINTENANCE or ROUTINE MAINTENANCE
Plumbing, electrical or mechanical work that may require
a building permit but that does not constitute a modification to the
personal wireless service facility. It is work necessary to assure
that a wireless facility and/or telecommunications structure exists
and operates: reliably and in a safe manner, presents no threat to
persons or property, and remains compliant with the provisions of
this chapter and FCC requirements.
NECESSARY or NECESSITY or NEED
What is technologically required for the equipment to function
as designed by the manufacturer, and that anything less will result
in prohibiting the provision of service as intended and described
in the narrative of the application. "Necessary" or "need" does not
mean what may be desired, preferred, or the most cost-efficient approach
and is not related to an applicant's specific chosen design standards.
Any situation involving a choice between or among alternatives or
options is not a need or a necessity.
NEPA
The National Environmental Policy Act, 42 U.S.C. § 4321
et seq.
NHPA
The National Historic Preservation Act, 54 U.S.C. § 300101
et seq., and 36 CFR Part 800 et seq.
NODE, DAS NODE
A fixed antenna and related equipment installation that operates
as part of a system of spatially separated antennas, all of which
are connected through a medium through which they work collectively
to provide personal wireless services, as opposed to other types of
personal wireless facilities, such as macrocells, which operate independently.
NOTICE ADDRESS
An address, which is required to be provided by an applicant
at the time it submits an application for a special permit, at which
the Town, Planning Board and/or Zoning Administrator can mail notice,
and the mailing of any notice to such address by first-class mail
shall constitute sufficient notice to any and all applicants, co-applicants,
and/or their attorneys, to satisfy any notice requirements under this
chapter, as well as any notice requirements of any other local, state
and/or federal law.
OCCUPATIONAL/CONTROLLED EXPOSURE LIMITS
The applicable radiofrequency radiation exposure limits set
forth within 47 CFR 1.1310(e)(1), Table 1, Section (i), made applicable
pursuant to 47 CFR 1.1310(e)(2).
PERSONAL WIRELESS SERVICE FACILITY, PERSONAL WIRELESS SERVICES
FACILITY or PWSF
A facility or facilities used for the provision of personal
wireless services, within the meaning of 47 U.S.C. § 332(c)(7)(c)(ii).
It means a specific location at which a structure that is designed
or intended to be used to house or accommodate antennas or other transmitting
or receiving equipment is located. This includes, without limitation,
towers of all types and all kinds of support structures, including
but not limited to buildings, church steeples, silos, water towers,
signs, utility poles, or any other structure that is used or is proposed
to be used as a telecommunications structure for the placement, installation
and/or attachment of antennas or the functional equivalent of such.
It expressly includes all related facilities and equipment such as
cabling, radios and other electronic equipment, equipment shelters
and enclosures, cabinets, and other structures enabling the complex
to provide personal wireless services.
PROBATIVE EVIDENCE
Evidence which tends to prove facts, and the more a piece of evidence or testimony proves a fact, the greater its probative value, as shall be determined by the Planning Board, as the finder-of-fact in determining whether to grant or deny applications for special use permits under Article
XII of the Town Code.
REPAIRS
The replacement or repair of any components of a wireless
facility or complex where the replacement is substantially identical
to the component or components being replaced, or for any matters
that involve the normal repair and maintenance of a wireless facility
or complex without the addition, removal, or change of any of the
physical or visually discernible components or aspects of a wireless
facility or complex that will impose new visible intrusions of the
facility or complex as originally permitted.
RF RADIATION
Radiofrequency radiation, that being electromagnetic radiation
which is a combination of electric and magnetic fields that move through
space as waves, and which can include both non-ionizing radiation
and ionizing radiation.
SETBACK
For purposes of special use permit applications, a setback
shall mean the distance between: a) any portion of a personal wireless
facility and/or complex, including but not limited to any and all
accessory facilities and/or structures; and b) the exterior line of
any parcel of real property or part thereof which is owned by, or
leased by, an applicant seeking a special use permit to construct
or install a personal wireless facility upon such real property or
portion thereof. In the event that an applicant leases only a portion
of real property owned by a landlord, the setback shall be measured
from the facility to the line of that portion of the real property
which is actually leased by the applicant, as opposed to the exterior
lot line of the nonleased portion of the property owned by the landlord.
SEQRA
The New York State Environmental Quality Review Act, 6 NYCRR
Part 617 et seq.
SHOT CLOCK
The applicable period which is presumed to be a reasonable
period within which the Town is generally required to issue a final
decision upon an application seeking special use permit approval for
the installation or substantial modification of a personal wireless
services facility or structure, to comply with 47 U.S.C. § 332(c)(7)(B)(ii)
of the TCA.
SHPO
The New York State Historic Preservation Office.
SITE DEVELOPER or SITE DEVELOPERS
Individuals and/or entities engaged in the business of constructing
wireless facilities and wireless facility infrastructure and leasing
space and/or capacity upon, or use of, their facilities and/or infrastructure
to wireless carriers. Unlike wireless carriers, site developers generally
do not provide personal wireless services to end-use consumers.
SMALL CELL
A fixed cellular base station that typically sends and receives
radio signals and which are mounted upon poles or support structures
at substantially lower elevations than macrocell facilities.
SMALL WIRELESS FACILITY
A personal wireless service facility that meets all of the
following criteria:
(1)
The facility does not extend the height of an existing structure
to a total cumulative height of more than 50 feet, from ground level
to the top of the structure and any equipment affixed thereto;
(2)
Each antenna associated with the deployment is no more than
three cubic feet in volume;
(3)
All wireless equipment associated with the facility, including
any preexisting equipment and any proposed new equipment, cumulatively
total no more than 28 cubic feet in volume;
(4)
The facility is not located on tribal land; and
(5)
The facility will not result in human exposure to radiofrequency
radiation in excess of the applicable FCC safety standards set forth
within Table 1 of 47 CFR 1.1310(e)(1).
SPECIAL USE PERMIT
The official document or permit granted by the Planning Board
pursuant to which an applicant is allowed to file for and obtain a
building permit to construct and use a personal wireless services
facility, personal wireless service equipment, and/or any associated
structures and/or equipment which are used to house, or be a part
of, any such facility or complex, or to be used to provide personal
wireless services.
STATE
The State of New York.
STEALTH or STEALTH TECHNOLOGY
A design or treatment that minimizes adverse aesthetic and
visual impacts on the land, property, buildings, and other facilities
adjacent to, surrounding, and generally in the same area as the requested
location of such personal wireless service facilities. This shall
mean building the least visually and physically intrusive facility
and complex under the facts and circumstances.
STRUCTURE
A pole, tower, base station, or other building, physical
support of any form used for, or to be used for, the provision of
personal wireless service.
SUBSTANTIAL EVIDENCE
Such relevant evidence as a reasonable mind might accept
as adequate to support a conclusion. It means less than a preponderance
but more than a scintilla of evidence.
TCA
The Telecommunications Act of 1996, 47 U.S.C. § 332(c).
TOLLING or TOLLED
The pausing of the running of the time period permitted under
the applicable shot clock for the respective type of application for
a personal wireless services facility. Where a shot clock is tolled
because an application has been deemed incomplete and timely notice
of incompleteness was mailed to the applicant, the submission of additional
materials by the applicant to complete the application will end the
tolling, thus causing the shot clock period to resume running, as
opposed to causing the shot clock to begin running anew.
TOWER, TELECOMMUNICATIONS TOWER
Any structure designed primarily to support one or more antennas
and/or equipment used or designed for receiving and/or transmitting
a wireless signal.
TOWN
The Incorporated Town of Fishkill.
UNDERTAKING
Any application for a special use permit seeking Board approval
for the installation of a personal wireless services facility licensed
under the authority of the FCC shall constitute an undertaking within
the meaning of NEPA, in accord with 42 CFR 137.289 and 36 CFR 800.16.