For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
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 town’s siting, building, and permitting authority.
APPLICANT. Any wireless service provider submitting an application for a permit for wireless telecommunications facilities.
APPLICATION. All necessary and appropriate documentation that an applicant submits in order to receive a permit for wireless telecommunications facilities.
CO-LOCATION. The use of a tower or structure to support antennae for the provision of wireless services without increasing the height of the tower or structure.
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.
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.
COUNCIL. The Town Council of the Town of White Hall.
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 lightning protection device.
MODIFICATION or MODIFY. The addition, removal, or change of any of the physical and visually discernable components or aspects of a wireless facility, such as antennas, cabling, equipment shelters, landscaping, fencing, utility feeds, changing the color or materials of any visually discernable components, vehicular access, parking, and/or an upgrade or change out of equipment for better or more modern 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.
NIER. Non-ionizing electromagnetic radiation.
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 town.
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 or similar entity.
PERSONAL WIRELESS FACILITY. See WIRELESS TELECOMMUNICATIONS FACILITIES.
PERSONAL WIRELESS SERVICES, PWS, PERSONAL TELECOMMUNICATIONS SERVICE, or PCS. The same meaning as defined and used in the 1996 Telecommunications Act, being Pub. Law 104-104, Sec. 1(a), 110 Stat. 56.
STATE. The State of West Virginia.
STEALTH or STEALTH TECHNOLOGY. To 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 that is not technologically or commercially impracticable under the facts and circumstances.
TELECOMMUNICATIONS. The transmission and/or reception of audio, video, data, and other information by wire, radio frequency, light, and other electronic or electromagnetic systems.
TELECOMMUNICATION SITE. See definition for WIRELESS TELECOMMUNICATIONS FACILITIES.
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 this chapter, something intended to, or that does, exist for fewer than 90 days.
WIRELESS TELECOMMUNICATIONS FACILITIES. Includes a telecommunications tower, tower, telecommunications site, and personal wireless facility and means 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 stealth technology, including, but not limited to structures, such as a multi-story 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 and equipment 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 town’s siting, building, and permitting authority, excluding those used exclusively for the town’s fire, police, or ambulance services or exclusively for private, non-commercial radio, and television reception and private citizen’s bands, amateur radio, and other similar non-commercial telecommunications where the height of the facility is below the height limits set forth in this chapter.
(Ord. 05-001, passed 3-14-2005)