§ 52.10  DEFINITIONS.
   The following words and terms in this section shall have the meaning given below unless the context indicates otherwise. These meanings shall apply whether a word is capitalized or not or is singular or plural.
   ANTENNA. Communications equipment that transmits, receives, or transmits and receives electromagnetic radio signals used in the provision of all types of wireless communications services.
   APPLICATION. A request that is submitted by an applicant to the town for a permit to collocate wireless facilities or to approve the installation, modification, or replacement of a utility pole, including town utility poles, or a wireless support structure.
   AUTHORIZATION. Written permission from the town to do work in the PROW or to maintain facilities in the PROW and includes but is not limited to a franchise, a license, a permit, a letter, construction drawing approval. Multiple authorizations may be required for certain activities.
   BASE STATION. A station at a specific site authorized to communicate with mobile stations, generally consisting of radio receivers, antennas, coaxial cables, power supplies, and other associated electronics.
   COLLOCATION. The placement, installation, maintenance, modification, operation or replacement of wireless facilities on, under, within, or on the surface of the earth adjacent to existing structures, including utility poles, town utility poles, water towers, buildings, and other structures capable of structurally supporting the attachment of wireless facilities.
   DEPARTMENT. The Public Works Department of the town.
   EMERGENCY. A condition that poses a clear and immediate danger to life or health, or a significant loss of property, or requires immediate repair to restore service to a group of users of such service.
   ENCROACHMENT (or WORK) PERMIT. A written authorization allowing a user or applicant to work in the town rights-of-way, including both temporary encroachments, such as construction and permanent encroachments, such as the installation of fixtures.
   EXCAVATE. Without limitation any cutting, digging, grading, tunneling, boring, or other alteration of the surface or subsurface material or earth in the public way.
   FACILITIES. Poles, pipes, culverts, conduits, ducts, cables, wires, fiber, amplifiers, pedestals, antennae, transmission or receiving equipment, other electronic equipment, electrical conductors, manholes, appliances, signs, poles, pavement structures, irrigation systems, landscaping, monument signs, monument mailboxes and any other similar equipment, for public or private use.
   MAKE READY WORK. Any modification or replacement of a town utility pole necessary for the town utility pole to support a small wireless facility in compliance with applicable safety requirements, including the National Electrical Safety Code, that is performed in preparation for a collocation installation.
   MICRO WIRELESS FACILITY. A small wireless facility that is no larger in dimension than 24 inches in length, 15 inches in width, and 12 inches in height and that has an exterior antenna, if any, no longer than 11 inches.
   ROUTINE MAINTENANCE. Activities associated with regular and general upkeep of transmission equipment, including the replacement of existing wireless facilities with wireless facilities of the same size.
   PERSON. An individual, association, firm, partnership, limited liability company, joint venture, corporation, government, utility, or other organized entity able to contract for the activities described in this chapter, whether for profit or not for profit. The term does not include the town.
   PUBLIC RIGHT-OF-WAY (PROW).  The area that is used as, or offered, dedicated, or reserved for use as a public street, highway, alley, trail, sidewalk, curb, gutter, bike lane, bridge, roundabout, tunnel, causeway, or shoulder, that is in the town or in an area proposed for annexation to the town. The area also includes, without limitation, drainage areas and dedicated areas without surface improvements that are adjacent to improved areas, and areas where no roads or other improvements have been constructed but which are dedicated for one or more of the above uses. The public way encompasses the surface of the ground, and the area above and below the ground. Sometimes referred to as town right-of-way.
   SMALL WIRELESS FACILITY.
      (1)   A wireless facility that meets both of the following qualifications:
         (a)   Each antenna is located inside an enclosure of no more than six cubic feet in volume or, in the case of an antenna that has exposed elements, the antenna and all its exposed elements, if enclosed, could fit within an enclosure of no more than six cubic feet.
         (b)   All other wireless equipment associated with the facility has a cumulative volume of no more than 28 cubic feet.
      (2)   For purposes of this section, the following types of ancillary equipment are not included in the calculation of equipment volume: electric meters, concealment elements, telecommunications demarcation boxes, ground-based enclosures, grounding equipment power transfer switches, cut-off switches, vertical cable runs for the connection of power and other services, or other support structures.
   SUBSTANTIAL MODIFICATION. The mounting of a proposed wireless facility on a wireless support structure that substantially changes the physical dimensions of the support structure. A mounting is presumed to be a substantial modification if it meets any one or more of the criteria listed below.
      (1)   Increasing the existing vertical height of the structure by the greater of:
         (a)   More than 10%; or
         (b)   The height of one additional antenna array with separation from the nearest existing antenna not to exceed 20 feet.
      (2)   Except where necessary to shelter the antenna from inclement weather or to connect the antenna to the tower via cable, adding an appurtenance to the body of a wireless support structure that protrudes horizontally from the edge of the wireless support structure the greater of: i) more than 20 feet; or ii) more than the width of the wireless support structure at the level of the appurtenance, increasing the square footage of the existing equipment compound by more than 2,500 square feet.
   TOWN UTILITY POLE. A pole owned by a town in the town right-of-way that provides lighting, traffic control, or a similar function.
   USER. A person that proposes to place facilities in the public way, places such facilities, or owns or maintains such facilities.
   UTILITY POLE. A structure not owned by the town that is designed for and used to carry lines, cables, wires, lighting facilities or small wireless facilities for telephone, cable television, or electricity, or to provide lighting or wireless services.
(Ord. 17-12, passed 9-18-2017)