As used in this section, the following terms shall have meanings
indicated:
ACCESSORY FACILITY OR STRUCTURE
An accessory facility or structure serving or being used
in conjunction with wireless telecommunications facilities, and located
on the same property or lot as the wireless telecommunications facilities,
including, but not limited to, utility or transmission equipment storage
sheds or cabinets,
ANTENNA
A system of electrical conductors that transmit or receive
electromagnetic waves or radio frequency or other wireless signals.
Such shall include, but not be limited to, radio, television, cellular,
paging, personal telecommunications services (PCS), microwave telecommunications
and services not licensed by the FCC, but not expressly exempt from
the City's siting, building and permitting authority.
APPLICATION
All necessary and appropriate documentation that an applicant
submits in order to receive a special use permit for wireless telecommunications
facilities.
BASE TRANSMITTER
A stationary transmitter that provides radio telecommunications
service to mobile and/or fixed receivers, including those associated
with mobile stations.
COLLOCATION
The use of an existing tower or structure to support antennas
for the provision of wireless services.
COMMERCIAL IMPRACTICABILITY or COMMERCIALLY IMPRACTICABLE
The inability to perform an act on terms that are reasonable
in commerce, the cause or occurrence of which could not have been
reasonably anticipated or foreseen and that jeopardizes the financial
efficacy of the project. The inability to achieve a satisfactory financial
return on investment or profit, standing alone, shall not deem a situation
to be commercially impracticable and shall not render an act or the
terms of an agreement commercially impracticable.
COMMON CARRIER
An individual, partnership, association, joint-stock company,
trust or corporation engaged in rendering radio telecommunications
services to the general public for hire.
COMPLETED APPLICATION
An application that contains all information and/or data
necessary to enable an informed decision to be made with respect to
an application and where a consultant is involved, when the consultant
has issued a final report.
DISTRIBUTED ANTENNA SYSTEM or DAS
A network of spatially separated antenna nodes connected
to a common source via a transport medium that provides wireless service
within, a geographic area or structure.
FAA
The Federal Aviation Administration, or its duly designated
and authorized successor agency.
FCC
The Federal Communications Commission, or its duly designated
and authorized successor agency.
HEIGHT
When referring to a tower or structure, the distance measured
from the preexisting grade level to the highest point on the tower
or structure, even if said highest point is an antenna or lightening
protection device.
MODIFICATION or MODIFY
The addition, removal or change of any of the physical and
visually discernible components or aspects of a wireless facility,
such as antennas, cabling, radios, equipment shelters, landscaping,
fencing, utility feeds, changing the color or materials of any visually
discernible components, vehicular access, parking and/or an upgrade
or change-out of equipment for better or more modem equipment. Adding
a new wireless carrier or service provider to a telecommunications
tower or telecommunications site is a modification. A modification
shall not include the replacement of any components of a wireless
facility where the replacement is identical to the component being
replaced or for any matters that involve the normal repair and maintenance
of a wireless facility without adding, removing or changing anything,
or for the addition of internal equipment which will not result in
any change to the visual appearance of a wireless facility.
MONOPOLE
Any freestanding pole greater than 12 feet in height in a
residential district and 25 feet in height in a nonresidential district
upon which an antenna is or has been located.
NIER
Nonionizing electromagnetic radiation.
PERSON
Any individual, corporation, estate, trust, partnership,
joint-stock company, association of two or more persons having a joint
common interest, or any other entity.
PLANNING BOARD
The Planning Board of the City of Mount Vernon, New York.
SITE PLAN
A map showing the layout, arrangement and use of buildings
and land, including accessory uses, structures, facilities and services
and meeting the informational requirements of these regulations.
SPECIAL USE PERMIT
The official document or permit by which an applicant is
allowed to construct and use wireless telecommunications facilities
as granted or issued by the City.
STATE
The State of New York.
STEALTH or STEALTH TECHNOLOGY
Minimize adverse aesthetic and visual impacts on the land,
property, buildings, and other facilities adjacent to, surrounding,
and in generally the same area as the requested location of such wireless
telecommunications facilities, which shall mean using the least visually
and physically intrusive facility.
TELECOMMUNICATIONS
The transmission and/or reception of audio, video, data,
and other information by wire, radio frequency, light, and other electronic
or electromagnetic systems.
TELECOMMUNICATIONS STRUCTURE
A structure used in the provision of services described in
the definition of "wireless telecommunications facilities."
TEMPORARY
Temporary in relation to all aspects and components of these
regulations, something intended to, or that does, exist for fewer
than 90 days.
WIRELESS TELECOMMUNICATIONS FACILITIES means and includes a
TELECOMMUNICATIONS TOWER and TOWER and TELECOMMUNICATIONS SITE and
PERSONAL WIRELESS FACILITY
A structure, facility or location designed, or intended to
be used as, or used to support, antennas or other transmitting or
receiving devices. This includes without limit, towers of all types
and kinds and structures that employ camouflage technology, including,
but not limited to structures such as a multistory building, church
steeple, silo, water tower, sign or other structures that can be used
to mitigate the visual impact of an antenna or the functional equivalent
of such, including all related facilities, such as cabling, equipment
shelters and other structures associated with the site. It is a structure
and facility intended for transmitting and/or receiving radio, television,
cellular, paging, 911, personal telecommunications services, commercial
satellite services, microwave services and services not licensed by
the FCC, but not expressly exempt from the City's siting, building
and permitting authority, excluding those used exclusively for the
City's fire, police or exclusively for private, noncommercial radio
and television reception and private citizen's bands, amateur radio
and other similar noncommercial telecommunications where the height
of the facility is below the height limits set forth in these regulations
and local zoning.