For the purpose of this chapter, certain words and terms used herein are defined as follows:
A nonhabitable accessory building or structure serving or being used in conjunction with a telecommunications tower and/or similar structure and usually located on the same lot as the telecommunications tower. Examples of such structures include utility or transmission equipment storage sheds or cabinets.
A system of electrical conductors designed to transmit or receive communications as authorized by the Federal Communications Commission (FCC). Such signals shall include but not be limited to radio, television, cellular telephones, paging, personal communication services (PSC) and microwave communications. Design examples of such antennas are described as "whip," "panel" and "dish."
An abandonment bond duly issued by a bonding or surety company approved by the Town Board and Town Attorney with security acceptable to the Town Board, or alternately, an abandonment bond acceptable to the Town Board and Town Attorney duly issued by the applicant-obligor, accompanied by security in the form of cash, certified check or United States Government bearer bonds deposited with the Town Board guaranteeing complete restoration of the site, should the telecommunications facility be obsolete for any consecutive twelve-month period.
Telecommunications facilities which utilize existing buildings and structures other than towers as defined in this section for supporting antennas. A building-mounted antenna which does utilize a building or structure for its primary means of attachment or structural support will be defined as a "telecommunications tower," as set forth in this section.
Telecommunications facilities which utilize existing towers, as defined in this section, for placement of antenna(s) or replacement of existing towers which do not require construction of a new tower. Replacement of an existing tower to accommodate collocation, provided that such new tower does not exceed the height of the existing tower, will not be deemed to be construction of a new tower.
A person licensed as a professional engineer by the State of New York.
The radius around the tower equal to the height of the tower and antenna in which the tower and antenna would fall in the event of a structural failure of the tower. The fall zone must be owned or leased by the telecommunications carrier.
[Amended 10-8-1998 by L.L. No. 1-1998]
A telecommunications tower that is supported, whole or in part, by guy wires and ground anchors. This type of tower is not classified as a self-supporting tower.
A parcel of land considered as a unit, devoted to a certain use and occupied, or capable of being occupied, by a building or group of buildings that are united by common interest or use and the customary accessory uses and open spaces belonging to the same.
A telecommunications tower consisting of a single pole, constructed without guy wires and ground anchors. This type of tower is classified as a self-supporting tower.
When a telecommunications facility is no longer in use for the originally intended purpose or remains unused for its intended purpose for a period of more than 12 consecutive months due to a change in technology or by any fault of the telecommunications facility owner.
The Planning Board of the Town of Marilla.
A telecommunications tower that is supported by a latticework frame which does not require guy wires for structural support.
A person licensed as a professional land surveyor by the State of New York.
Towers, antennas, accessory structures and all appurtenant site-specific infrastructure used in connection with the provision of cellular telephone services, personal communications services, paging services, radio and television broadcast services and similar broadcast services.
A tower greater than 35 feet in height and which does not exceed 250 feet in height, including antenna(s), and which supports telecommunications transmission or receiving equipment. The term "telecommunications tower" shall not include amateur radio operators' equipment as licensed by the FCC. Design examples of telecommunications towers are self-supporting lattice, guyed and monopole.
The duly designated Attorney of the Town of Marilla.
The Town Board of the Town of Marilla.
The duly designated Engineer of the Town of Marilla.