In general. For purposes of this article, the following terms
have the meanings indicated.
ANTENNA
Any device, dish, array, or similar device used for sending
and/or receiving electromagnetic waves for FCC-licensed or -authorized
wireless communications.
APPLICABLE STANDARDS
All applicable engineering and safety standards governing
the installation, maintenance, and operation of any facility, and
the performance of all work in or around any facility, including the
regulations of the Federal Communication Commission (FCC) and the
Occupational Safety and Health Administration (OSHA); the engineering
standards adopted pursuant to the Town Code; the Town's Building
Code, Electrical Code, and other technical codes, the Town's
Zoning Ordinance; the Manual on Uniform Traffic Control Devices (MUTCD);
this article; and other applicable requirements or guidelines of the
Town or other federal, state, or county authority with jurisdiction
over the Town, the specific facility installation, or an applicant.
APPLICANT
Any person that applies for a permit to install any facility
or perform any work in the right-of-way or that requests that the
Town enter into a lease or license for use of any municipal facility
within a right-of-way.
CONCEALMENT ELEMENT
Any design feature intended to make a small wireless facility
or any supporting structure less visible to the casual observer, including
but not limited to painting, landscaping, shielding requirements,
and restrictions on location in relation to the surrounding area or
the structure that supports a small wireless facility.
CONDUIT
Enclosed underground raceways capable of protecting any cables,
including but not limited to fiber optic and other communication and
electrical cables. "Conduit" includes associated individual ducts,
inner ducts, manholes, hand-holes, vaults, pull boxes, and trenches.
CONSTRUCT
Includes construct, install, erect, build, affix, or otherwise
place any fixed structure or object in, on, under, through, or above
the right-of-way.
DAY
A calendar day unless otherwise specified.
DIRECTOR
The Town's Public Works Director or designee.
EMERGENCY
A condition that poses a clear and immediate danger to life
or health, or of a significant loss of property, or requires immediate
repair or replacement in order to restore service to a user.
EQUIPMENT
Any part of the facilities, exclusive of the antenna, concealment
elements, and supporting structures.
EXCAVATION
Includes any cutting, digging, excavating, tunneling, boring,
grading, or other alteration of the surface or subsurface material,
paving, concrete, blacktop, or earth within the right-of-way.
FACILITY or FACILITIES
Facilities, equipment and installations of any kind, including
but not limited to any lines, pipes, irrigation systems, wires, cables,
conduit facilities, ducts, poles, towers, vaults, pedestals, boxes,
appliances, antennas, transmitters, gates, meters, appurtenances,
or other equipment. A reference to a facility refers both to the facility
considered as a whole and the individual elements of the facility.
FCC
The Federal Communications Commission, any subordinate or
subagency under its authority, or any successor thereto.
FRANCHISE AGREEMENT
Any written or electronic authorization by the Town allowing
an applicant to install, make, maintain, or remove its facilities
within the Town's right-of-way.
INSTALL
The placing of a facility in the right-of-way, whether initially
or as part of the repair, modification, replacement, removal, or expansion
of an existing facility, and including any process by which a facility
is placed within a right-of-way, including but not limited to attachment,
construction, digging, excavation, placement, or pulling. "Install"
includes various forms of the verb, as appropriate, as well as "installation"
when used as a noun.
MUNICIPAL FACILITIES
Any Town-owned, -controlled or -operated structure, equipment,
land, building, fixture, or vehicle, including but not limited to
streetlight poles, traffic lights, traffic light poles, or lighting
fixtures, located in or near the right-of-way.
OCCUPANT
Any person, other than a governmental entity which is not
an adjoining landowner, that owns facilities in the right-of-way.
PERMIT
Any written or electronic authorization by the Town allowing
an applicant to install, make, maintain, or remove any facility pursuant
to the requirements of this article or to perform work in the right-of-way.
PERMITTEE
Any person who obtains a permit under this article; or a
person performing emergency repairs where a permit is obtained after
the repair.
PERSON
Any natural person or business entity, including but not
limited to an individual, a partnership, a sole proprietorship, a
political subdivision, a public or private agency of any kind, a utility,
a successor or assignee of any of the foregoing, or any other legal
entity.
POLE
Any street, utility, traffic signal, streetlight, or any
other pole in the right-of-way and designated to support facilities
in addition to wireless facilities.
RIGHT-OF-WAY
The space in, upon, above, along, across, and over the public
street, roads, highways, and other public ways, including sidewalks,
owned and controlled by the Town, as the same now or may hereafter
exist, that are under the jurisdiction of the Town. "Right-of-way"
does not include any county, state, or federal rights-of-way or any
property owned by any person or entity other than the Town, except
as provided by applicable standards or laws or pursuant to any agreement
between the Town and any such person or entity or any property owned
by the Town, such as a park or property on which Town buildings are
located, that is not a street or right-of-way.
SMALL WIRELESS FACILITY
A facility 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;
B.
Each antenna associated with the deployment, excluding associated
antenna equipment, is no more than three cubic feet in volume;
C.
All other wireless equipment associated with the structure,
including the wireless equipment associated with the antenna and any
pre-existing associated equipment on the structure, is no more than
28 cubic feet in volume; and
D.
The facilities do not require antenna structure registration
under federal law.
SUPPORTING STRUCTURE
A vertical structure, including a pole, tower, or building,
capable of supporting a base station.
TOWER
Any supporting structure greater than 50 feet in height,
built for the sole or primary purpose of supporting any FCC-licensed
or -authorized antennas (and related facilities), including supporting
structures that are constructed for FCC-licensed or -authorized wireless
communications, 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, and the associated
site, "Tower" does not include poles.
UTILITY POLE
A structure in the right-of-way designed to support electric,
telephone and similar utility lines. A tower is not a utility pole.
WIRELESS FACILITY
A facility at a fixed location used in the provision of personal
wireless services, consisting of the base station, the supporting
structure to which the base station is attached (if any), and appurtenant
facilities at or near the base station and necessary to its operation,
including but not limited to electric meters and disconnects.
WIRELESS INFRASTRUCTURE PROVIDER
A person that owns, controls, operates, or manages a wireless
telecommunication facility or portion thereof within the right-of-way.