As used in this chapter, the following terms shall have the meanings indicated. Terms not specifically defined herein shall, to the extent applicable, have the meanings defined in Title
47 of the Code of Federal Regulations, or other applicable federal, state or local laws or regulations, as such laws and regulations may be amended from time to time.
ACCESSORY OR ANTENNA EQUIPMENTAny equipment 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, power supplies, generators, batteries, cables, equipment buildings, cabinets and storage sheds, shelters, buildings and similar structures and, when collocated on a structure, is mounted or installed at the same time as an antenna.
ANTENNAAn apparatus designed for the purpose of emitting radiofrequency (RF) radiation, to be operated or operating from a fixed location pursuant to authorization from the FCC, for the provision of personal wireless service and any commingled information services. For purposes of this definition, the term "antenna" does not include an unintentional radiator, mobile station, or device authorized under Part
15 of Title 47 of the Code of Federal Regulations.
BASE STATIONA structure or equipment at a fixed location that enables FCC-licensed or authorized wireless communications between user equipment and a communications network.
A. The term includes, but is not limited to, equipment associated with wireless communications services such as private, broadcast, and public safety services, as well as unlicensed wireless services and fixed wireless services such as microwave backhaul.
B. The term includes, but is not limited to, radio transceivers, antennas, coaxial or fiber-optic cable, regular and backup power supplies, and comparable equipment, regardless of technological configuration (including small wireless telecommunication facilities, distributed antenna systems and micro-cell networks).
C. The term includes any structure that supports or houses equipment described in Subsections
A and
B above that has been reviewed and approved under the applicable zoning or siting process, even if the structure was not built for the sole or primary purpose of providing such support, but does not include any structure that, at the time the relevant application is filed with the Village under this section, does not support or house equipment described in Subsections
A and
B of this section.
COLLOCATIONConsistent with the Nationwide Programmatic Agreement (NPA) for the Collocation of Wireless Antennas, means:
A. Mounting or installing an antenna facility on a preexisting structure; and/or
B. Modifying a structure for the purpose of mounting or installing an antenna facility on that structure.
C. With respect to wireless facility modifications, "collocation" means the mounting or installation of transmission equipment on an eligible support structure for the purpose of transmitting and/or receiving radio frequency signals for communications purposes.
DEPLOY OR DEPLOYMENTThe placement, construction, or modification of a wireless telecommunication facility on any property or structure within the Village.
DISTRIBUTED ANTENNA SYSTEM (DAS)Network of spatially separated antenna sites connected to a common source that provides wireless communication service within a geographic area or structure.
EAFThe Environmental Assessment Form approved by the New York State Department of Environmental Conservation.
FAAThe Federal Aviation Administration or its duly designated and authorized successor agency.
FACILITY OR PERSONAL WIRELESS SERVICE FACILITYAn antenna facility or a structure that is used for the provision of personal wireless service (as defined in 47 U.S.C. §
332(7)(C)(i), whether such service is provided on a stand-along basis or commingled with other wireless communications services.
FCC OR COMMISSIONThe Federal Communications Commission, or its duly designated and authorized successor agency.
HEIGHTWhen referring to a structure, the distance measured from the preexisting grade level to the highest point on the structure, including the antenna and any other appurtenances.
MICRO-CELL FACILITYLow-powered wireless base stations that function like cells in a mobile wireless network, typically covering targeted indoor or localized outdoor areas ranging in size from homes and offices to stadiums, shopping malls, hospitals, and metropolitan outdoor spaces. A micro cell facility meets both the following qualifications: i) each antenna is located inside an enclosure of no more than six cubic feet in volume or, in the case of an antenna that has exposed elements, the antenna and all of its exposed elements could fit within an imaginary enclosure of no more than six cubic feet; and ii) all other wireless equipment associated with the facility is cumulatively no more than 17 cubic feet in volume.
MODIFICATIONThe improvement, upgrade or expansion of existing wireless communication facilities, or the improvement, upgrade or expansion of the wireless communications facilities located within an existing equipment compound if the improvement, upgrade, expansion or replacement does not substantially change the physical dimensions of the wireless communication facilities.
MONOPOLEA wireless communication support structure which consists of a single pole designed and erected on the ground or on top of a structure to support wireless communication antenna and accessory equipment.
NIERNonionizing electromagnetic radiation.
PERSONAny individual, corporation, estate, trust, partnership, joint stock company, association of two or more persons having a joint common interest, or any other entity.
PUBLIC RIGHT-OF-WAYAny way over which the public possesses the right to travel, which heretofore has been duly laid out, adopted and established by law, whether publicly owned or not. The term "road" includes state, county and Village highways and roads, streets, squares, places, courts, boulevards, parkways and other ways however designated to which the public has access.
REPLACEMENTThe replacement of existing wireless communication antenna on any existing support structure or on existing accessory equipment for maintenance, repair or technological advancement with equipment composed of the same wind loading and structural loading that is substantially similar in size, weight, and height as the existing wireless communication antenna and which does not substantially change the physical dimensions of any existing support structure.
SMALL WIRELESS FACILITYA wireless telecommunication facility, including but not limited to DAS and micro cells, that meets each of the following conditions:
A. The facilities:
(1) Are mounted on structures 50 feet or less in height, including their antennas, or
(2) Are mounted on structures no more than 10% taller than other adjacent structures, or
(3) Do not extend existing structures on which they are located to a height of more than 50 feet or by more than 10%, whichever is greater; and
B. Each antenna (excluding associated antenna equipment) is no more than three cubic feet in volume; and
C. All other wireless equipment associated with the facility (excluding antennas and backup power and related back up power equipment) are cumulatively no more than 28 cubic feet in volume; and
D. The facility does not require antenna structure registration under 47 CFR §
17.4; and
E. The facility does not result in human exposure to radiofrequency radiation in excess of the applicable safety standards.
STRUCTUREMeans a pole, tower, base station, or other building, whether or not it has an existing antenna facility, that is used or to be used for the provision of personal wireless service (whether on its own or comingled with other types of services and does not include ornamental light poles).
SUBSTANTIAL CHANGEA modification substantially changes the physical dimensions of an eligible support structure (tower or base station) if it meets any of the following criteria:
A. The mounting of the proposed antenna on existing towers, other than towers in the public rights-of-way, would increase the existing height of the tower by more than 10%, or by the height of one additional antenna array with separation from the nearest existing antenna not to exceed 20 feet, whichever is greater; for other eligible support structures, it increases the height of the structure by more than 10% or more than 10 feet, whichever is greater.
B. The mounting of the proposed antenna would involve the installation of more than the standard number of new equipment cabinets for the technology involved, not to exceed four, or more than one new equipment shelter;
C. The mounting of the proposed antenna would involve adding an appurtenance to the body of existing towers, other than towers in the public rights-of-way, that would protrude from the edge of the towers more than 20 feet, or more than the width of the tower structure at the level of the appurtenance, whichever is greater; for other eligible support structures, it involves adding an appurtenance to the body of the structure that would protrude from the edge of the structure by more than six feet, except that the mounting of the proposed antenna may exceed the size limits herein if necessary to shelter the antenna from inclement weather or to connect the antenna to the tower via cable;
D. The mounting of the proposed antenna would involve excavation outside the current existing structure site, defined as the current boundaries of the leased or owned property surrounding the existing structure and any access or utility easements currently related to the site;
E. The modification defeats concealment and/or stealth elements of the support structure; or
F. The modification does not comply with prior conditions of the approval for the existing structure and/or site, provided, however, that this limitation does not apply to any modification that is noncompliant only in a manner that would not exceed the thresholds identified above.
TRANSMISSION EQUIPMENTEquipment that facilitates transmission for any Commission-licensed or authorized wireless communication service, including, but not limited to, radio transceivers, antennas, coaxial or fiber-optic cable, and regular and backup power supply. The term includes equipment associated with wireless communications services including, but not limited to, private, broadcast, and public safety services, as well as unlicensed wireless services and fixed wireless services such as microwave backhaul.
UTILITY POLEA pole or similar structure that is used in whole or in part for the purpose of carrying electric distribution lines or cables or wires for telecommunications, cable or electric service, or for lighting, traffic control, signage, or a similar function regardless of ownership, including Village-owned poles or poles owned by other utility companies. Any utility pole in excess of 50 feet shall be deemed a tower. Utility poles do not include ornamental light poles.
WIRELESS TELECOMMUNICATIONS FACILITYA structure, facility or location designed or intended to be used as, or used to support, antennas, along with any antennas located on such structure and any accessory equipment. It includes, without limit, freestanding towers, guyed towers, monopoles, DAS, micro-cell or small wireless facilities on utility poles in the public right-of-way or property of the Village or within the Village and similar structures that employ stealth technology, including but not limited to structures such as a multistory building, church steeple, silo, water tower, sign or other similar structures intended to mitigate the visual impact of an antenna or the functional equivalent of such. It includes any structure, antennas and accessory equipment intended for transmitting and/or receiving radio, television, cellular, paging, 911, personal telecommunications services, commercial satellite services, microwave telecommunications or other wireless or cellular communication technologies, but excluding those used exclusively for the Village's fire, police and other dispatch telecommunications, or exclusively for private radio and television reception and private citizen's bands, amateur radio and other similar telecommunications.