As used in this Section, the following terms shall have the meanings set forth below:

A.

"Alternative tower structure" means 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.

B.

"Antenna" means any exterior transmitting or receiving device mounted on a tower, building structure, or alternative tower structure, and used in communication that radiate or capture electromagnetic waves, digital signals, analog signals, radio frequencies (excluding radar signals), wireless telecommunication signals or other communication signals.

C.

"Backhaul network" means the lines that connect a provider's towers/cell sites to one or more cellular telephone switching offices, and/or long distance providers, or the public switched telephone network.

D.

"Base Station" means a structure or equipment at a fixed location that enables FCC-licensed or authorized wireless communications between user equipment and a communications network, including (a) 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 and (b) 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). Base Station does not include Tower.

E.

"Cable micro cell network" means a cable network using multiple low-powered transmitters/receivers attached to existing wire line systems, such as conventional cable or telephone wires, or similar technology, that does not require the use of towers.

F.

"Collocation Facility" means the placement or installation of wireless facilities, including antennas, and related equipment, on, or immediately adjacent to, a wireless telecommunications collocation facility.

G.

"Director" means the Town's Director of Economic and Community Development or his or her designee.

H.

"Electro magnetic interference" means the distortion, disruption or blockage of the clear reception or transmission of any radio, television, communications, data or other type of electronic communications media.

I.

"Eligible Facilities Request" means any request for modification of an existing wireless tower or base station that involves (a) a collocation of new transmission equipment, (b) removal of transmission equipment, or (c) replacement of transmission equipment.

J.

"FAA" means the Federal Aviation Administration.

K.

"FCC" means the Federal Communications Commission.

L.

"Height" means, when referring to a tower or other structure, the distance measured from the finished grade of the parcel on which the structure is located to the highest point on the tower or other structure, including the base pad and any antenna.

M.

"Monopole" means any singular, monolithic structure that is designed and constructed primarily for the purpose of supporting one or more antennas for telephone, radio and similar communication purposes. Also see "Tower".

N.

"Parabolic" means a curved or cone shaped structure.

O.

"Preexisting towers and preexisting antennas" means any tower or antenna for which a building permit or conditional use permit has been properly issued prior to the effective date of this Section, including permitted towers or antennas that have not yet been constructed, so long as such approval is current and not expired.

P.

"Stealth" antennas or towers shall mean communications facilities, towers and individual antennas using innovative camouflaging techniques to virtually completely screen or conceal such communications facilities, towers and individual antennas from view.

Q.

"Substantial Change" means a modification that substantially changes the physical dimensions of an eligible support structure if it meets any of the following:

For towers located outside of the right of way:

1.

It increases the height of the tower by more than ten percent (10%) or by the height of one (1) additional antenna array with separation from the nearest existing antenna not to exceed twenty (20) feet, whichever is greater;

2.

It involves adding an appurtenance to the body of the tower that would protrude from the edge of the tower more than twenty (20) feet, or more than the width of the tower structure at the level of the appurtenance, whichever is greater;

3.

It involves installation of more than the standard number of new equipment cabinets for the technology involved, but not to exceed four (4) cabinets;

4.

It entails any excavation or deployment outside the site;

5.

It would defeat the concealment elements of the tower;

6.

It does not comply with existing conditions of approval for the tower provided that this limitation does not apply to any modification that is non-compliant only in a manner that would not exceed the thresholds identified above; or

7.

It does not comply with applicable building codes or other applicable health and safety standards.

For other towers and wireless communications facilities:

1.

It increases the height of the structure by more than ten percent (10%) or more than ten (10) feet, whichever is greater;

2.

It involves adding an appurtenance to the body of the structure that would protrude from the edge of the structure by more than six (6) feet;

3.

It involves installation of more than the standard number of new equipment cabinets for the technology involved, but not to exceed four (4) cabinets;

4.

It involves installation of any new equipment cabinets on the ground if there are no pre-existing ground cabinets associated with the structure, or else involves installation of ground cabinets that are more than ten percent (10%) larger in height or overall volume than any other ground cabinets associated with the structure;

5.

It entails any excavation or deployment outside the site;

6.

It would defeat the concealment elements of the tower or base station;

7.

It does not comply with existing conditions of approval for the tower or base station provided that this limitation does not apply to any modification that is non-compliant only in a manner that would not exceed the thresholds identified above; or

8.

It does not comply with applicable building codes or other applicable health and safety standards.

R.

"Tower" means 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, guyed towers or monopole towers. The term includes radio and television transmission towers, microwave towers, common-carrier towers, cellular telephone towers, alternative tower structures, and the like. The term includes the structure and any support thereto.

S.

"Wireless systems" mean any and all type or manner of electromagnetic devices, including antennas, towers, arrays, etc., and associated equipment, used for the transmission or reception of electromagnetic waves communicating any form of information including voice, picture or data.

T.

"Wireless Telecommunications Facility" means equipment and network components such as towers, utility poles, transmitters, base stations, and emergency power systems that are integral to providing wireless telecommunication services.

U.

"Wireless Telecommunication Collocation Facility" means a wireless telecommunications facility that includes collocation facilities.

V.

"Wireless Communication Facility, Section 6409(a) Modification" or "Section 6409(a) Modification" means a modification of an existing wireless tower or base station that involves the collocation, removal or replacement of transmission equipment that does not substantially change the physical dimensions of such wireless tower or base station and that otherwise qualifies for approval pursuant to Section 6409(a) of the federal 2012 Middle Class Tax Relief and Job Creation Act as implemented by 47 C.F.R. 1.40001.

(Ord. No. 471, § 3, 7-28-2015)