Definitions. For the purpose of this chapter and specifically this
section, and any permit issued in accordance herewith, the following
terms, phrases, words and their derivations shall have the meaning
given herein unless otherwise specifically provided for in this chapter
or unless the context clearly indicates otherwise or unless such meaning
would be inconsistent with the manifest intent of the Village of Baldwin:
ANTENNA
Any structure or device for the purpose of collecting or
transmitting electromagnetic waves, including, but not limited to,
directional antennas, such as panels, microwave dishes, and satellite
dishes, and omnidirectional antennas, such as whip antennas.
ENTITY
Any individual, corporation, partnership, association or
other legal entity which seeks to provide a wireless telecommunications
system.
FCC
The Federal Communication Commission or its legally appointed
successor.
PERMITTEE
Any entity or its legal successor in interest who is issued
a wireless telecommunications permit and/or a structure location permit
in accordance with the provisions of this section for the erection,
construction, reconstruction, operation, dismantling, testing, use,
maintenance, repair, rebuilding, or replacing of a wireless telecommunications
system in the Village.
STREET
Any area established for vehicular or public access use of
the entire width between the property lines of every way publicly
maintained when any part thereof is open for public purposes. "Street"
includes, but is not limited to, a highway, avenue, road, alley, right-of-way,
lane, boulevard, concourse, bridge, tunnel, parkway and waterway.
STRUCTURE LOCATION PERMIT
A permit issued by the Zoning Administrator which authorizes
the location of an antenna or tower at a particular geographic location.
TOTAL GROSS REVENUE
All cash, credits or other property of any kind or nature reported as revenue items to the permittee's audited financial statements arising from or attributable to the sale, lease, rental or exchange of wireless telecommunications services or the equipment by the permittee within the Village or in any way derived from the operation of its wireless telecommunications system, including, but not limited to, any interconnection between its system and the Village and any system whatsoever. This shall be the basis for computing the fee imposed pursuant to Subsection
B(2). Such sum shall not include any bad debts, deposits, promotional or vendor discounts or credits or sales, service, occupation or other excise tax to the extent that such taxes are charged separately from normal service charges and are remitted by the permittee directly to the taxing authority.
TOWER
Any ground, building or roof-mounted pole, spire, structure,
or combination thereof, including supporting lines, cables, wires,
braces, and masts, intended primarily for the purpose of mounting
an antenna.
WIRELESS TELECOMMUNICATIONS PERMIT
The privilege granted by the Village by which it authorizes
an entity to erect, construct, reconstruct, operate, dismantle, test,
use, maintain, repair, build or replace a wireless telecommunications
system. Any permit issued in accordance herewith shall be a nonexclusive
permit.
WIRELESS TELECOMMUNICATIONS SERVICE
A licensed commercial wireless telecommunications service
including cellular, personal communication services (PCS), specialized
mobile radio (SMR), enhanced specialized mobilized radio (ESMR) paging,
and similar services that are marketed to the general public.