Definitions.
As used in this section, the following terms shall mean and include:
ACCESSORY EQUIPMENT
Any equipment servicing or being used in conjunction with
a wireless telecommunications facility or wireless support structure.
The term includes utility or transmission equipment, power supplies,
generators, batteries, cables, equipment buildings, cabinets and storage
sheds.
ANTENNA
A system of electrical conducts that transmits or receives
electromagnetic waves or radio frequencies signals. Such waves shall
include, but not be limited to, radio, television, cellular, paging,
personal telecommunications services (PCS) and microwave telecommunications.
CO-LOCATION
The installation or mounting of a small wireless facility
in the public right-of-way on an existing support structure, an existing
tower, or an existing pole to which a small wireless facility is attached
at the time of the application.
COMMUNICATIONS FACILITY
(a)
Collectively, the equipment at a fixed location or locations
within the public right-of-way or on private property that enables
communication services, including:
[1]
Radio transceivers, antennas, coaxial, fiber-optic or other
cabling, power supply (including backup battery), and comparable equipment,
regardless of technological configuration; and
[2]
All other equipment associated with any of the foregoing.
(b)
"Communications facility" does not include the pole, tower or
support structure to which the equipment is attached.
COMMUNICATIONS SERVICE PROVIDER
Cable service, as defined in 47 U.S.C. § 522(6);
information service or broadband, as defined in 47 U.S.C. § 153(24);
or telecommunications service, as defined in 47 U.S.C. § 153(53).
DECORATIVE POLE
A pole that is specially designed and placed for aesthetic
purposes.
DISTRIBUTED ANTENNA SYSTEM (DAS)
A network of spatially separated antenna nodes connected
to a common source via a transport medium that provides wireless service
within a geographic area or structure.
ELIGIBLE SUPPORT STRUCTURE
Any tower or base station as defined in this section, provided
that it is existing at the time the relevant application is filed
with the Town of Glenville.
ORDINARY MAINTENANCE AND REPAIR
Inspections, testing and/or repair of existing communications
facilities that maintain functional capacity, aesthetics and structural
integrity of a communications facility and/or the associated support
structure, pole or tower, that does not require blocking, damaging
or disturbing any portion of the pubic right-of-way.
POLE
A legally constructed pole, such as a utility, lighting,
traffic, or similar pole made of wood, concrete, metal or other material,
located or to be located within the public right-of-way. A pole does
not include a tower or support structure.
POLE EXTENDER
An object affixed between a pole and an antenna for the purpose
of increasing the height of the antenna above a pole.
PUBLIC RIGHT-OF-WAY (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, and for purposes of this section shall include
public utility easements, but only to the extent the Town has to permit
use of the area or public utility easement for communications facilities
or poles, towers and support structures that support communications
facilities. The term does not include a federal interstate highway
or other areas that are not within the legal jurisdiction, ownership
or control of the Town.
PUBLIC UTILITY EASEMENT
Unless otherwise specified or restricted by the terms of
the easement, the area on, below, or above a property in which the
property owner has dedicated an easement for use by utilities. Public
utility easement does not include an easement dedicated solely for
Town use, or where the proposed use by the provider is inconsistent
with the terms of any easement granted to the Town.
REPLACE or REPLACEMENT
In connection with an existing pole, support structure or
tower, to replace (or the replacement of) same with a new structure,
substantially similar in design, size and scale to the existing structure
and in conformance with this section and any other applicable Town
code regulations, in order to address limitations of the existing
structure to structurally support co-location of a communications
facility.
SMALL-CELL WIRELESS TELECOMMUNICATIONS FACILITY or SMALL-CELL
FACILITY
A facility which meets the following conditions:
(a)
The facility:
[1]
Is mounted on structures 50 feet or less in height including
its antennas as defined in 47 CFR 1.1320(d); or
[2]
Is mounted on structures no more than 10% higher than other
adjacent structures; or
[3]
Does not extend an existing structure on which it is located
to a height of more than 50 feet or 10%, whichever is greater;
(b)
Each antenna, 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
preexisting associated equipment on the structure, is no more than
28 cubic feet in volume;
(d)
The facility does not require antenna structure registration
under 47 CFR Part 17 or similar applicable regulations;
(e)
The facility does not result in human exposure to radio frequency
radiation in excess of the applicable safety standards specified in
47 CFR 1.1307(b) or similar applicable regulations; and
SUPPORT STRUCTURE
A structure in the public right-of-way other than a pole
or a tower to which a wireless facility is attached at the time of
the application.
TOWER
Any structure built for the sole or primary purpose of supporting
any licensed or authorized antennas and their associated facilities,
including structures that are constructed for 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, and the associated site.
UTILITY POLE
A 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 Town-owned poles. Such term shall not include
structures supporting only wireless telecommunication service facilities.
WIRELESS TELECOMMUNICATIONS SERVICES FACILITY
A structure, facility or location designed or intended to
be used as, or used to support, antennas. It includes, without limit,
freestanding towers, guyed towers, monopoles, small-cell telecommunications
facilities on utility poles in the public right-of-way or property
of the Town of Glenville or of another municipal corporation with
the Town of Glenville and similar structures that employ camouflage
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 is a structure intended for
transmitting and/or receiving radio, television, cellular, personal
telecommunications services, commercial satellite services or microwave
telecommunications, but excluding those used exclusively for dispatch
telecommunications, or exclusively to private radio and television
reception and private citizens' bands, amateur bands, amateur radio
and other similar telecommunications.