(A) General use of terms.
(1) The terms, phrases, words, and their derivations used below shall have the meanings given in this section.
(2) All terms used in the definition of any other term shall have their meaning as otherwise defined in this section.
(3) The words “shall” and “will” are mandatory and “may” is permissive.
(4) Words not defined shall be given their common and ordinary meaning.
(B) Defined terms.
CABLE, COMMUNICATIONS, FIBER OR ELECTRIC EASEMENT. An easement, granted to a cable or video service provider, a communications service provider (including without limitation a telephone utility), a fiber optics cable services provider, or an electric services provider created or authorized by state law to provide such services, that runs parallel to and abuts or within a rights-of-way and is occupied by existing utility poles or wireless support structures carrying electric distribution lines, wires, cable, conduit, fiber optic cable for telecommunications, cable or electric service or supporting municipal street lights, or security lights. The term CABLE, COMMUNICATIONS, FIBER OR ELECTRIC EASEMENT excludes easements for service drops or lines connecting the customer's premises to the cable, communications, fiber or electrical provider.
COLLOCATION or COLLOCATE. The placement of aerials and other facilities belonging to two or more communication service providers on a single wireless support structure.
COVERED AREAS. Means the surface of, and the space above and below, any public “rights-of-way,” “ROW,” “town rights-of-way,” “public rights-of-way,” and/or “cable, communications, fiber or electric easement” as those terms are defined herein.
DECORATIVE POLE OR STRUCTURE. A pole, arch, or structure placed in the public way specifically designed and placed for aesthetic purposes and on which no appurtenances or attachments have been placed or are permitted to be placed in accordance with nondiscriminatory town practices except for any of the following:
(a) Electric lighting;
(b) Specially designed informational or directional signage;
(c) Temporary holiday or special event attachments; or
(d) Small wireless facilities.
DESIGN GUIDELINES. Those detailed design guidelines, specifications and examples promulgated, after public notice, by the Planning, Land Use and Neighborhoods Department or Commercial Design Review Board for the Old Village Historic District Commission that address, on a nondiscriminatory basis, the design and installation of facilities in the public rights-of-way, insofar as they do not conflict with any federal or state law, rule and regulation, including this subchapter.
HISTORIC DISTRICT. An area that is zoned or otherwise designated as a historic district under municipal, state or federal law and for which the town maintains and enforces in on a uniform and nondiscriminatory basis with regard to all users of the public ROW pursuant to this subchapter.
LOCATE. To install, mount, maintain, modify, operate, or replace SWF.
RIGHT-OF-WAY. The surface of and the space above and below the paved or unpaved portions of any public street, public road, public highway, public freeway, public lane, public path, public bikepath, public way, public alley, public court, public sidewalk, public boulevard, public parkway, public drive and any other land dedicated or otherwise designated for the same now or hereafter held by the town. RIGHT-OF-WAY shall not include private easements.
SMALL WIRELESS FACILITY (SWF). An antenna, its wireless support structure, and any associated ancillary equipment, including electric meter, concealment elements, telecommunications demarcation box, ground-based enclosures, grounding equipment, power transfer switch, cut-off switch, and vertical cable runs for the connection of power and other services.
TOWN-OWNED POLE.
(a) A utility pole owned or operated by the town in covered areas, including a utility pole that provides lighting or traffic control functions, or other law enforcement functions, including light poles, traffic signals, and structures for signage, and
(b) A pole or similar structure owned or operated by the town in a covered area that supports only wireless facilities.
TRANSMISSION POLE. A pole or similar structure that is used in whole or in part to carry electric transmission (as opposed to distribution) lines.
UTILITY POLE. A pole or similar structure that is designed for, or used, for carrying electric distribution lines or for carrying cables or wires for electric, cable, or telecommunications service or for lighting, traffic control, or directional signage.
WIRELESS SUPPORT STRUCTURE. A freestanding structure, including a monopole, decorative pole, town-owned pole, transmission pole, and utility pole, or other existing or proposed structure designed to support or capable of supporting SWF.
(Ord. 19001, passed 2-12-19; Am. Ord. 21042, passed 5-11-21)