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.
