As used in this chapter, the following terms shall
have the meanings indicated:
ABANDONED
Any wireless facility which has not been operational for
a period of six consecutive months or more.
[Added 1-8-2024 by L.L.
No. 3-2024]
ACCESSORY EQUIPMENT
Any equipment serving or being used in conjunction with a
wireless facility or wireless support structure, including but not
limited to utility or transmission equipment, power supplies, generators,
batteries, cables, equipment buildings, cabinets and storage sheds,
shelters or similar structures.
[Added 1-8-2024 by L.L.
No. 3-2024]
AFFILIATED PERSON
Each person who falls into one or more of the following categories:
each person having, directly or indirectly, a controlling interest
in the applicant; each person in which the applicant has, directly
or indirectly, a controlling interest; each officer, director, joint
venturer or joint venture partner of the applicant; and each person,
directly or indirectly, controlling, controlled by, or under common
control with, the applicant; provided that "affiliated person" shall
in no event mean the village or any creditor of the applicant solely
by virtue of its status as a creditor and which is not otherwise an
affiliated person by reason of owning a controlling interest in, being
owned by, or being under common ownership, common management or common
control with, the applicant.
ANTENNA
An apparatus designed for the purpose of emitting radio frequency
(RF) radiation, to be operated or operating from a fixed location
pursuant to Federal Communications Commission authorization, for the
provision of wireless service and any commingled information services.
[Added 1-8-2024 by L.L.
No. 3-2024]
APPLICATION
A formal request, including all required and requested documentation
and information, submitted by a wireless facility applicant to the
Village in order to receive a permit.
[Added 1-8-2024 by L.L.
No. 3-2024]
BOARD OF TRUSTEES
The Board of Trustees of the village and its designee or
any successor thereto.
CABLE SERVICES
Cable services as defined in the Communications Act of 1934,
as amended by the Cable Communications Policy Act of 1984, the Cable
Television Consumer Protection and Competition Act of 1992 and the
Telecommunications Act of 1996 and as may be further amended from
time to time (the Cable Act). In the event that "cable services" is
no longer defined in the Cable Act or the definition in the Cable
Act otherwise becomes inapplicable, "cable services" shall mean "cable
services" as defined in the Cable Act immediately prior to such term
no longer being defined in the Cable Act or such definition otherwise
becoming inapplicable.
CO-LOCATED WIRELESS FACILITY
Wireless facilities that are attached to existing structures,
such as, but not limited to, buildings, water towers, electrical transmission
towers, utility poles, light poles, traffic signal poles, flag poles
and other similar structures that do not require the installation
of a new or replacement wireless support structure.
[Added 1-8-2024 by L.L.
No. 3-2024]
CO-LOCATION
The mounting of one or more wireless facilities, including
antennas, on a preexisting structure, or modifying a structure for
the purpose of mounting or installing a wireless facility on that
structure.
[Added 1-8-2024 by L.L.
No. 3-2024]
CONTROL or CONTROLLING INTEREST
Actual working control in whatever manner exercised, including,
without limitation, working control through ownership, management,
debt instruments or negative control, as the case may be, of the applicant
or the equipment in the streets. A rebuttable presumption of the existence
of control or a controlling interest shall arise from the beneficial
ownership, directly or indirectly, by any person or group of persons
acting in concert, of more than 10%, of any person (which person or
group of persons is hereinafter referred to as "controlling person").
"Control" or "controlling interest" as used herein may be held simultaneously
by more than one person or group of persons.
ELIGIBLE FACILITIES REQUEST
Shall have the same meaning as set forth in 47 CFR 1.6100(b)(3),
or any successor provision.
[Added 1-8-2024 by L.L.
No. 3-2024]
EQUIPMENT
The poles, wires, electrical conductors, conduits, subways,
manholes, fixtures, appliances and appurtenances that are used to
provide telecommunications services.
FAA
Federal Aviation Administration.
[Added 1-8-2024 by L.L.
No. 3-2024]
FCC
Federal Communications Commission.
[Added 1-8-2024 by L.L.
No. 3-2024]
FRANCHISE
An initial authorization, or renewal thereof, issued by the
village in accordance with the provisions of this chapter, which authorizes
the occupation and use of the streets to provide telecommunications
services.
LOCAL LAW
This chapter and all modifications and amendments thereto.
PERMIT
A wireless facility permit and/or wireless encroachment permit.
[Added 1-8-2024 by L.L.
No. 3-2024]
PERMITTEE
Any person or entity granted a wireless permit or wireless
encroachment permit as the case may be, pursuant to this chapter.
[Added 1-8-2024 by L.L.
No. 3-2024]
PERSON
Any individual or any association, firm, partnership, joint
venture, corporation or other legally recognized entity, whether for
profit or not for profit, but shall not mean the village.
PUBLIC RIGHT-OF-WAY (ROW)
The surface and space above, on, and below any public highway,
avenue, street, lane, alley, boulevard, concourse, driveway, bridge,
tunnel, park, parkway, waterway, dock, bulkhead, wharf, pier, public
easement, right-of-way or any other public ground or water within
or in which the Village now or hereafter holds any property interest.
This includes area adjacent to paved surfaces which area is part of
a Village right-of-way.
[Added 1-8-2024 by L.L.
No. 3-2024]
REVOCABLE LICENSE
An initial authorization or renewal thereof, issued by the village in accordance with the provisions of this chapter, which authorized the limited occupation and use of specifically identified streets, provided that the revocable license shall be issued only in the limited circumstances set forth in §§
256-3B and
G of this chapter.
SHALL
Mandatory, not merely directive.
SMALL WIRELESS FACILITY
Shall have the same meaning as set forth in 47 CFR 1.6002(1),
or any successor provision.
[Added 1-8-2024 by L.L.
No. 3-2024]
STEALTH TECHNOLOGY
Camouflaging methods applied to wireless facilities and accessory
equipment which render them more visually appealing or blend the proposed
facility into the existing structure or visual backdrop in such a
manner as to render it minimally visible to the casual observer. Such
methods include, but are not limited to, architecturally screened
roof-mounted antennas, building-mounted antennas painted to match
the existing structure and facilities constructed to resemble trees,
shrubs, and light poles.
[Added 1-8-2024 by L.L.
No. 3-2024]
STREETS
The surfaces of, as well as the spaces above and below, any
and all streets, alleyways, avenues, highways, boulevards, driveways,
bridges, tunnels, parks, parkways, public grounds or waters, and other
public rights-of-way within the area belonging to the village.
SUBSTANTIAL CHANGE or SUBSTANTIALLY CHANGE
A modification substantially changes the physical dimensions
of a support structure if it meets the criteria established by 47
CFR 1.6100.
[Added 1-8-2024 by L.L.
No. 3-2024]
SUBSTANTIAL MODIFICATION
The improvement, upgrade or expansion of existing wireless
facilities or wireless support structures that constitutes a substantial
change.
[Added 1-8-2024 by L.L.
No. 3-2024]
TECHNICALLY FEASIBLE
By virtue of engineering or spectrum usage, the proposed
placement for a wireless facility or its design or site location can
be implemented without a material reduction in the functionality of
the wireless facility.
[Added 1-8-2024 by L.L.
No. 3-2024]
TELECOMMUNICATIONS
All transmissions, between or among points specified by the
user, of information of the user's choosing without change in the
form or content of the information as sent and received.
TELECOMMUNICATIONS PROVIDER
Any person who:
(1)
Owns, constructs, operates or maintains equipment
in the streets used to provide telecommunications services, regardless
of whether such telecommunications services originate or terminate
in the village; or
(2)
Provides telecommunications services that originate
or terminate in the village by means of:
(a)
Specifically identifiable equipment in the streets,
which equipment is owned by such person or made available to such
person under a lease or any other arrangements for a period longer
than 120 days; or
(b)
Equipment in the streets if the use of such
equipment is continuing and substantial, and the village has determined
that it is necessary and appropriate to impose the requirements of
this chapter in order to preserve the application of this chapter
on a competitively neutral and nondiscriminatory basis consistent
with applicable law.
TELECOMMUNICATIONS SERVICES
The offering of telecommunications for a fee directly to
the public, or to such classes of users as to be selectively available
directly to the public, regardless of the facilities used. The term
"telecommunications services" shall not include cable services.
TELECOMMUNICATIONS SYSTEM
The plant, equipment, real property (including interests
in real property), tangible and intangible personal property, offices,
furniture, customer lists, cable, wires, optical fibers, amplifier,
antenna and all other electronic devices, equipment and facilities
used to provide telecommunications services.
TOWER-BASED WIRELESS FACILITY
Any structure that is used for the primary purpose of supporting
one or more antennas, including, but not limited to, self-supporting
lattice towers, guy towers and monopoles, and the accompanying antenna
and accessory equipment.
[Added 1-8-2024 by L.L.
No. 3-2024]
UNDERGROUND AREA
An area of the Village where there are no aerial electrical
facilities or facilities of the incumbent local exchange carrier in
the public right-of-way, including one side of a street where there
are no common facilities.
[Added 1-8-2024 by L.L.
No. 3-2024]
VILLAGE
The Village of Larchmont, Westchester County, New York.
[Added 1-8-2024 by L.L.
No. 3-2024]
VILLAGE CODE
The Code of the Village of Larchmont, as amended.
[Added 1-8-2024 by L.L.
No. 3-2024]
WIRELESS ENCROACHMENT PERMIT
A permit issued pursuant to this chapter authorizing the
placement or modification of a wireless facility of a design specified
by the wireless facility applicant specified at a particular location
in the public right-of-way, and any other activities authorized by
the permit.
[Added 1-8-2024 by L.L.
No. 3-2024]
WIRELESS FACILITY
An antenna facility or a wireless support structure that
is used for the provision of wireless service, whether such service
is provided on a stand-alone basis or commingled with other wireless
communications services.
[Added 1-8-2024 by L.L.
No. 3-2024]
WIRELESS FACILITY APPLICANT
Any person that applies for approval from the Village for
the construction or substantial modification of a wireless facility,
or for an eligible facilities request.
[Added 1-8-2024 by L.L.
No. 3-2024]
WIRELESS FACILITY PERMIT
A permit issued pursuant to this chapter authorizing the
placement or modification of a wireless facility of a design specified
in the permit by the wireless facility applicant specified in the
permit outside the ROW, and any other activities authorized by the
permit.
[Added 1-8-2024 by L.L.
No. 3-2024]
WIRELESS SUPPORT STRUCTURE
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 wireless service (whether on its own or comingled
with other types of services).
[Added 1-8-2024 by L.L.
No. 3-2024]