As used in this chapter, the following terms
shall have the meanings set forth below:
ACCESSORY FACILITY
A building or structure that serves the principal use, which
is subordinate in area, extent and purpose to the principal use and
is located on the same lot as the principal use. Examples of such
facilities include transmission equipment and storage sheds.
ALTERNATIVE TOWER STRUCTURE
Man-made trees, clock towers, bell steeples, light poles
and similar alternative-design mounting structures that camouflage
or conceal the presence of antennas or towers.
ANTENNA
Any exterior transmitting or receiving device mounted on
a tower, building, public utility pole or structure and used in communications
that radiates or captures electromagnetic waves, digital signals,
analog signals, radio frequencies (excluding radar signals), wireless
telecommunications signals or other communication signals or as otherwise
stated, receives or transmits electromagnetic signals in the "radio
frequency" range.
FAA
The Federal Aviation Administration.
FCC
The Federal Communications Commission.
HEIGHT
When referring to a tower or other structure, the distance
measured from the existing mean grade of the parcel to the highest
point on the tower or structure.
TELECOMMUNICATIONS TOWER
Any structure that is designed and constructed primarily
for the purpose of supporting one or more antennas for telephone radio
and similar communication purposes, including self-supporting lattice
towers or monopole towers. The term includes radio and television
transmission towers, microwave towers, common-carrier towers, cellular
telephone towers, alternative tower structures and similar structures.
The term includes the structure and any support thereto.
An applicant shall attend a presubmission conference with the Planning Board pursuant to the requirements of §
250-52C(1) of the Code. Such attendance shall be prior to any application for antenna or towers, including those that require a special use permit from the Village Board of Trustees.
Any antenna or tower that is not operated for
a continuous period of 12 months or more shall be deemed abandoned.
The owner of such antenna or tower shall remove the same within 90
days of receipt of notice from the Village notifying the owner of
such abandonment. Failure to remove an abandoned antenna or tower
within said 90 days shall be grounds to remove the tower or antenna
at the owner's expense. In the event that two or more entities are
using a single tower, then this provision shall not apply unless all
uses cease with respect to such tower.
Preexisting towers and antennas shall be permitted as they presently exist so long as said tower/antenna complies with §
249-4F and
G of this Code. Routine maintenance (including replacement with a new tower of like construction and height) shall be permitted on such preexisting towers and antennas. New construction other than routine maintenance of a preexisting tower and/or antenna shall comply with the requirements of this chapter.
The various parts, sections and clauses of this
chapter are hereby declared to be severable. If any part, sentence,
paragraph, section or clause is adjudged unconstitutional or invalid
by a court of competent jurisdiction, the remainder of the chapter
shall not be affected thereby.
Any ordinances or parts thereof in conflict
with the provisions of this chapter are hereby repealed to the extent
of such conflict.