§ 79-2 — Definitions

Sec. 79-2. - Definitions.

"Antenna means communications equipment that transmits or receives electromagnetic radio frequency signals used in the provision of wireless services. Applicable codes means any uniform code such as building, fire, electrical, plumbing, or mechanical codes adopted by a recognized national code organization or local amendments to those codes enacted solely to address imminent threats of destruction of property or injury to persons, to the extent consistent with the terms of this chapter. Applicant means any person who submits an application and is a wireless provider. Application means a request submitted by an applicant (i) for a permit to collocate small wireless facilities or (ii) to approve the installation or modification of a utility pole, city utility pole, or wireless support structure. City refers to the City of Winston-Salem. City-owned pole means: (i) a utility pole owned or operated by the city in city right-of-way, including a utility pole that provides lighting or traffic control functions, such as light poles and traffic signals and (ii) a pole or similar structure owned or operated by the city in city right-of-way that supports only wireless facilities. City code means the City of Winston-Salem Municipal Code. Collocate means to install, mount, maintain (other than routine maintenance), modify, operate, repair, or replace wireless facilities on or adjacent to a wireless support structure, city-owned pole, or utility pole. "Collocation" has a corresponding meaning. Day means calendar day. Emergency is a condition that: (1) constitutes a clear and immediate danger to the health, welfare, or safety of the public or (2) has caused or is likely to impair the use of facilities in the right-of-way and/or result in loss or impairment of the services provided. Facility(ies) means wireless telecommunication facilities. FCC means the Federal Communications Commission of the United States. Fee means a one-time charge. Law means federal, state, or local law, statute, common law, code, rule, regulation, order, or ordinance. Modification means a change to an existing wireless facility that involves any of the following: Expansion, alteration, enlargement, intensification, reduction, or augmentation, including, but not limited to, changes in size, shape, color, visual design, or exterior material. "Modification" does not include repair, replacement or routine maintenance, if those actions do not involve a change to the existing facility involving any of the following: Expansion, alteration, enlargement, intensification, reduction, or augmentation. Monopole means a structure composed of a pole or tower used to support antennae or related equipment. A monopole also includes a monopine, monopalm, and similar structures, camouflaged to resemble faux trees or other faux objects. Permit means a written authorization required by the city to perform an action or initiate, continue, or complete a project. Pole means a single shaft of wood, steel, concrete, or other material capable of supporting the equipment mounted thereon in a safe and sufficient manner, as the city, in its sole and absolute discretion shall determine, and as required by provisions of the city Code, the UDO, and applicable codes. Person means an individual, corporation, limited liability company, partnership, association, trust, or other entity or organization, and includes the city. Rate means a recurring charge. Rights-of-way or ROW means the area on, below, or above a roadway, highway, street, sidewalk, alley, utility easement, or similar property, but does not include federal interstate highways. Small wireless facility means a wireless facility that meet(s) both of the following qualifications: (i) 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 of its exposed elements could fit within an imaginary enclosure of no more than six cubic feet and (ii) all other wireless equipment associated with the wireless facility is cumulatively no more than 28 cubic feet in volume. The following types of associated ancillary equipment are not included in the calculation of equipment volume: Electric meters, stealth or concealment elements, telecommunications demarcation boxes, ground-based enclosures/cabinets, grounding equipment, power transfer switches, cut-off switches, and vertical cable runs for the connection of power and other services. UDO means the Forsyth County Unified Development Ordinance. Utility pole means a pole or similar structure that is used in whole or in part for the purpose of carrying electric distribution lines, cables, or wires for telecommunication, cable, or electric service, or for lighting. Such term shall not include structures supporting only wireless facilities. Wireless facility means equipment at a fixed location that enables wireless communications between user equipment and a communications network, including: (i) equipment associated with wireless communications and (ii) radio transceivers, antennae, coaxial or fiber-optic cable, regular and backup power supplies, and comparable equipment, regardless of technological configuration. The term includes small wireless facilities. The term does not include the wireless support structure or improvements on, under, or within which the equipment is collocated, to which the equipment is attached or within which the equipment is enclosed. wireless infrastructure provider means any person, including a person authorized to provide telecommunications service in the state, that builds or installs wireless communication transmission equipment, wireless facilities, or wireless support structures, but that is not a wireless services provider. Wireless provider means a wireless infrastructure provider or a wireless services provider. Wireless services means any services, whether at a fixed location or mobile, provided using wireless facilities. Wireless services provider means a person who provides wireless services. Wireless support structure means a freestanding structure, such as a monopole or tower, either guyed or self-supporting, a billboard, or other existing or proposed structure designed to support or capable of supporting wireless facilities. Such term shall not include a utility pole or city-owned pole. All terms defined in the singular shall have a comparable meaning when used in the plural, and vice versa.

(Ord. No. 29198, 8-21-17)