§ 75-2. Definitions.

As used in this chapter, the following terms shall have the meanings indicated:

ABANDONED

Any Wireless Telecommunications Facility which has not been operational for six consecutive months.

ACCESSORY STRUCTURE

A structure such as a storage shed or other type of enclosure for equipment, equipment cabinets, support structures for equipment or other appurtenances used in conjunction with the operation of a wireless telecommunications facility as defined herein and located on the same lot as, or in the general vicinity of, the wireless telecommunications facility.

ANTENNA

A system of electrical conductors that transmits or receives radio frequency signals. Such signals shall include, but not be limited to, those associated with cellular telephone, personal communication services and microwave communications. For the purpose of this chapter an antenna shall include any panels, boxes, dishes or other type of enclosures which contain the actual transmitting or receiving devices.

ANTENNA LOCATION PERMIT

A type of building permit issued by the Building Department in accordance with the requirements set forth in § 70-5 for the placement of Wireless Telecommunications Facilities.

APPLICANT

A person, firm, organization or company applying for either an antenna location permit or a Special Permit under the provisions of this section. An applicant must qualify as a wireless carrier/service provider as defined herein.

BASE STATION

A. 

A structure or equipment at a fixed location that enables FCC-licensed or authorized wireless telecommunications between user equipment and a communications network. The term does not encompass a tower as defined herein or any equipment associated with a tower. "Base station" Includes, without limitation:

(1) 

Equipment associated with wireless communications services such as private, broadcast, and public safety services, as well as unlicensed wireless services and fixed wireless services such as microwave backhaul.

(2) 

Radio transceivers, antennas, coaxial or fiber-optic cable, regular and backup power supplies, and comparable equipment, regardless of technological configuration (including distributed antenna systems and small cell networks).

(3) 

Any structure other than a tower that, at the time the relevant application is filed with the Town under this section, supports or houses equipment defined as a "wireless telecommunications facility" that has been reviewed and approved under the applicable zoning or siting process, or under another state or local regulatory review process.

B. 

The term does not include any structure that, at the time the relevant application is filed with the Town under this chapter, does not support or house equipment defined as a "wireless telecommunications facility."

BUILDING COMMISSIONER

The Commissioner of the Building Department.

BUILDING DEPARTMENT

The Town of North Hempstead Department of Building Safety, Inspection and Enforcement.

CAMOUFLAGE

A method of disguising a wireless telecommunications facility which makes it appear as part of the surroundings, either natural or man-made.

CELL ON WHEELS

A wireless telecommunications facility which is usually affixed to a truck, trailer or other mobile base and is located temporarily at a particular site.

COLLOCATION

The mounting or installation of Wireless Telecommunications Facilities on an Eligible Support Structure for the purpose of transmitting and/or receiving radio frequency signals for communications purposes.

DISTRIBUTED ANTENNA SYSTEMS or DAS

A network of partially separated antenna nodes connected to a tower, Right-of-Way Structure or Public Utility Structure via a fiber system or other transport medium that provides wireless telecommunications services within a limited geographic area or structure.

ELIGIBLE FACILITY REQUEST

A. 

Any request for modification of an existing tower or existing base station or an existing Right-of-Way Structure that is not a substantial change to the physical dimensions of such tower, base station or structure and involves:

(1) 

The collocation of new transmission equipment; or

(2) 

The removal of transmission equipment; or

(3) 

The replacement of transmission equipment.

B. 

A request for the modification of an existing Right-of-Way Structure shall not be an Eligible Facility Request unless the applicant has obtained a Right-of-Way Use Agreement from the Town in compliance with this chapter.

ELIGIBLE SUPPORT STRUCTURE

Any tower or base station as defined in this section, provided that it is existing at the time the relevant application is filed with Building Department under this chapter.

EQUIPMENT

Computers, batteries, generators, transmission equipment and cabinets, etc., which are utilized to power and/or operate a wireless telecommunications facility.

HEIGHT

The distance measured vertically from the average level of the curb of the lowest adjoining street or from the lowest point within a radius of 200 feet measured radially from the facility, whichever is lower, to the highest point on the building, structure, or freestanding wireless telecommunications facility as prescribed in Chapter 70 of the Code.

INCUMBENT WIRELESS TELECOMMUNICATIONS FACILITY

Any wireless telecommunications facility legally constructed, erected and operated as of the date of adoption of this chapter, or one erected under a Special Permit issued by the town in accordance with this chapter and for which any applicable permits have been acquired from all appropriate government authorities.

NONCOMPLIANT STRUCTURE or NONCOMPLIANT USE

A structure or use that does not conform to the regulations of the district in which it is situated.

PLANNING COMMISSIONER

The Commissioner of the Planning Department.

PLANNING DEPARTMENT

The Town of North Hempstead Department of Planning and Environmental Protection.

PUBLIC RIGHT-OF-WAY

Any right-of-way owned or maintained by the Town of North Hempstead.

PUBLIC UTILITY

Any company authorized (either by the New York State Public Service Commission, a municipality or other such authority) to provide water, electric, gas or telephone services to the public.

PUBLIC UTILITY STRUCTURE

Any structure erected for the purposes of providing a public utility service, including, but not limited to, water towers, electric transmission towers/poles and telephone poles, but not including a Right-of-Way Structure.

RIGHT-OF-WAY STRUCTURE

Any pole or other structure within the Public Right-of-Way.

SMALL CELL FACILITY

A Wireless Telecommunications Facility that meets each of the following conditions;

A. 

The structure on which Wireless Telecommunications Facility is mounted:

(1) 

Is 50 feet or less in height; or

(2) 

Is no more than 10% taller than other adjacent structures; or

(3) 

Is not extended to a height of more than 10% above its preexisting height as a result of the collocation of new antenna facilities; and

B. 

Each antenna (excluding associated antenna equipment) is no more than three cubic feet in volume; and

C. 

All antenna equipment associated with the facility (excluding antennas) are cumulatively no more than 28 cubic feet in volume; and

D. 

The facility does not require antenna structure registration under applicable federal regulations; and

E. 

The facility does not result in human exposure to radiofrequency radiation in excess of the applicable safety standards specified in 47 CFR § 1.1307(b).

SMALL CELL NETWORK

One or more small cell facilities connected by a fiber to a carrier switching system or other means of interconnection for provision of wireless services within a limited geographic area or structure.

SPECIAL PERMIT

A permit for a use which is deemed allowable within a given zoning district, but which is potentially incompatible with other uses and is subject to special standards and conditions set forth by the Town Board, consistent with § 274-b of the Town Law.

STEALTH TECHNOLOGY/STEALTH STRUCTURE

A method of installing/constructing Wireless Telecommunications Facilities which conceals, hides or camouflages their presence. Some examples of stealth structures are man-made antenna supports which resemble trees, flagpoles and light poles.

SUBSTANTIAL CHANGE

A modification to the physical dimensions of an Eligible Support Structure if it meets any of the following criteria;

A. 

The mounting of the proposed antenna on existing towers that increases the existing height of the tower by more than 10%, or the mounting of an additional antenna array with separation from the nearest existing antenna exceeding 20 feet, whichever is greater;

B. 

The mounting of a proposed antenna would involve the installation of more than the standard number of new equipment cabinets for the technology involved, not to exceed four, or more than one new equipment shelter;

C. 

The mounting of the proposed antenna would involve adding an appurtenance to the body of existing towers, other than towers in the public rights-of-way that would protrude from the edge of the towers more than 20 feet, or more than the width of the tower structure at the level of the appurtenance, whichever is greater;

D. 

The modification would involve excavation outside the current existing tower or base station site, defined as the current boundaries of the leased or owned property surrounding the existing tower or base station and any access or utility easements currently related to the site;

E. 

The modification defeats concealment elements of the support structure; or

F. 

The modification does not comply with prior conditions of the approval for the existing tower or base station; provided, however, that this limitation does not apply to any modification that is noncompliant only in a manner that would not exceed the thresholds in Subsections A through D above.

TOWER

Any structure built for the sole or primary purpose of supporting any FCC-licensed or authorized antenna(s) and their associated facilities, including structures that are constructed for wireless communications services, including, but not limited to, private, broadcast, and public safety services, as well as unlicensed wireless services and fixed wireless services such as microwave backhaul, and the associated site. Street light poles, public utility and traffic light poles without an attached approved wireless Telecommunications Facility or Right-of-Way Structures shall not be considered a tower.

WIRELESS CARRIER/SERVICE PROVIDER

Any company which is licensed by the FCC to operate Wireless Telecommunications Facilities.

WIRELESS TELECOMMUNICATIONS FACILITY

Antenna(s) and associated equipment used to transmit and/or receive audio, video, data and other information using radio frequency energy and other electronic or electromagnetic systems. The antenna(s) and equipment of each wireless carrier, including Small Cell and DAS Networks, shall be separately considered a wireless telecommunications facility.