As used in this article, 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 lots as the wireless telecommunications facilities,
including but not limited to, utility or transmission equipment, storage
sheds or cabinets.
ACCESSORY WIRELESS FACILITY
Any equipment, shed, pole, distributed network and small
cells, fencing or structure, or combination thereof, containing any
electrical components necessary for the proper operation of antennas.
ANTENNAS
Any exterior transmitting and receiving device mounted on
a tower, pole, building or structure and used in communications that
radiate or capture electromagnetic waves, digital signals, analog
signals, radio frequencies (excluding radar signals), wireless telecommunications
signals or other communications signals. Such shall include but not
be limited to radio, television, cellular, paging, personal telecommunications
services (PCS), microwave telecommunications and services not licensed
by the FCC, but not expressly exempt from the Village's siting, building
and permitting authority.
APPLICANT
Any wireless service provider submitting an application for
a special use permit for wireless telecommunications facilities.
APPLICATION
All the necessary and appropriate documentation that an applicant
is required to submit for consideration of a special use permit for
a wireless telecommunications facility as specifically set forth in
this article.
BOARD
The Board of Trustees of the Incorporated Village of Manorhaven,
which is hereby authorized to review special use permit applications
pursuant to this article.
COLLOCATION
The use of a wireless telecommunications facility or other
structure to support antennas for the provision of wireless services
without increasing the height of such facility or other structure.
COMPLETE APPLICATION
An application that contains all the information and/or data
required by this article necessary to enable an informed decision
to be made with respect to an application.
EQUIPMENT
Poles, wires, electrical conductors, conduits, subways, manholes,
fixtures, appliances and appurtenances used to provide telecommunications
services.
EXISTING TOWERS AND EXISTING ANTENNAS
Any tower or antenna for which a building permit or special
use permit has been properly issued prior to the effective date of
this chapter, including permitted towers or antennas that have not
yet been completed or constructed, provided that such approved permit(s)
is current and has not expired; or any tower which is constructed
and has a certificate of completion/compliance/occupancy.
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 wireless telecommunications facility
or other structure, the distance measured from the preexisting grade
level to the highest point on such facility or other structure, even
if said highest point is an antenna or lightning protection device.
MODIFICATION
The addition, removal, change or alteration of any of the
physical and visually discernable components or aspects of a wireless
telecommunications facility, such as antennas, cabling, radios, equipment
shelters, landscaping, fencing, utility feeds, changing the color
or materials of any visually discernable components, vehicular access,
parking and/or an upgrade or changeout of equipment for better or
more modern equipment. Adding a new wireless carrier or service provider
to a wireless telecommunications facility or telecommunications site
for purposes of this article shall be deemed as a modification, except
that a co-locating antenna previously approved by a special permit
issued by the Board of Zoning Appeals shall not be deemed a modification
whether or not such antenna has been installed. A modification shall
not include the replacement of any components of a wireless telecommunications
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 telecommunications facility without adding, removing,
changing, or altering the wireless telecommunications facility in
any respect.
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.
PUBLIC RIGHT-OF-WAY or PUBLIC ROW
The area on, below, or above property that has been designated
for use as or is used for a public roadway, highway, street, sidewalk,
alley or similar purpose, but not including an area not within the
legal jurisdiction or within the legal ownership or control of the
municipality.
PUBLIC UTILITY STRUCTURE
Any structure erected for the purposes of providing a public
utility service, including, but not limited to, water towers, electric
transmission tower/poles and telephone poles.
REPEATER
A small, supplementary and accessory bidirectional amplifier
facility designed and limited in height and transmission power to
provide service only where there is a failure of coverage and to minimize
visual impacts and the need for the primary base stations which may
be attached to a structure or pole.
REVOCABLE LICENSE
An initial authorization or renewal thereof, issued by the
Village in accordance with the provisions of this chapter, which authorizes
the limited occupation and use of specifically identified streets
and poles, provided that a revocable license shall be issued only
in the limited circumstances set forth in this chapter.
SECONDARY WIRELESS TELECOMMUNICATIONS SERVICE FACILITY
A small wireless telecommunications service facility that
is intended, designed and limited in its implementation to provide
service only in and for an area where there is a failure of coverage
that does not involve the construction of a new tower or increase
the height of any existing structure to which it is attached. A secondary
wireless telecommunications service facility must meet both of the
following qualifications: each wireless provider's antenna (including,
without limitation, any strand-mounted antenna) could fit within an
enclosure of no more than three cubic feet in volume; and all other
wireless equipment associated with the facility is cumulatively no
more than 28 cubic feet in volume. The following types of associated,
ancillary equipment are not included in the calculation of equipment
volume: electric meter, concealment elements, telecommunications demarcation
box, grounding equipment, power transfer switch, cut-off switch, and
vertical cable runs for connection of power and other services.
SPECIAL USE PERMIT
The required permit issued by the Board pursuant to which
an applicant is permitted to construct, maintain and use a wireless
telecommunications facility as granted or issued pursuant to this
article. The Board is hereby authorized to review and approve, approve
with modifications, or disapprove special use permits and site plans
consistent with Village Law §§ 7-725 and 7-725(b).
STATE
The State of New York.
STEALTH or STEALTH TECHNOLOGY
The use of innovative design technology to minimize adverse
aesthetic and visual impacts on the land, property, buildings, and
other facilities located adjacent to, surrounding, and in generally
the same area as the requested location of such wireless telecommunications
facilities.
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 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
article, something intended to or that does exist for less than 90
days.
VILLAGE
The Incorporated Village of Manorhaven.
WIRELESS TELECOMMUNICATIONS FACILITIES
Include personal wireless facilities and antennas and associated
equipment and/or a structure, tower, facility or location designed,
or intended to be used as or used to support antennas or other transmitting
or receiving devices. This includes, without limitation, all kinds
of structures, such as a 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 includes towers
of all types intended to accommodate wireless telecommunications facilities
and secondary wireless telecommunications service facilities and repeaters,
as well as fixtures, cabinets and other equipment that are affixed
to existing structures including utility poles or other public utility
structures.