Duluth UDC (unnumbered, p.419: Definitions — T)

Telecommunications: 1. Accessory Equipment. Any equipment serving or being used in conjunction with a wireless facility or wireless support structure and includes, but is not limited to, utility or transmission equipment, power supplies, generators, batteries, cables, equipment buildings, cabinets and storage sheds, shelters, or similar structures. 2. Antenna. Communications equipment that transmits, receives, or transmits and receives electromagnetic radio signals used in the provision of all types of wireless communication services. 3. Base Station. A structure or equipment at a fixed location that enables FCC-licensed or authorized wireless communications between user equipment and a communications network. The term does not encompass a tower as defined in this Glossary or any equipment associated with a tower. a. The term includes, but is not limited to, 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. 418 | P a g e Article Fourteen. Interpretation and Definitions b. The term includes, but is not limited to, 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). c. The term includes any structure other than a tower that, at the time the relevant application is filed with the City of Duluth under the Wireless Telecommunications Section of Article 3 of this UDC, supports or houses equipment described under a) and b) of this definition that has been reviewed and approved under the applicable zoning or siting process, or under another state or local regulatory review process, even if the structure was not built for the sole or primary purpose of providing such support. d. The term does not include any structure that, at the time the relevant application is filed with the City of Duluth under the Wireless Telecommunications Section of Article 3 of this UDC, does not support or house equipment described under a) and b) of this definition. 4. Collocate or Collocation. The placement or installation of new wireless facilities on previously approved and constructed wireless support structures, including monopoles and towers, both self-supporting and guyed, in a manner that negates the need to construct a new freestanding wireless support structure. Such term includes the placement of accessory equipment within an existing equipment compound. 5. Eligible Support Structure. Any “base station” as defined in this Glossary; or, any tower built for the sole or primary purpose of supporting any FCC-licensed or authorized antennas and their associated facilities, including structures that are constructed for wireless communications services including, but not limited to, private, broadcast, and public safety services, as well as unlicensed wireless services and fixed wireless services such as microwave backhaul, and the associated site. Eligible support structures are further defined as existing at the time the relevant application is filed with the City of Duluth under the Wireless Telecommunications Section in Article 3 of this UDC. 6. Equipment Compound. An area surrounding or adjacent to the base of a wireless support structure within which accessory equipment is located. 7. Modification or Modify. The improvement, upgrade, expansion, or replacement of existing wireless facilities on an existing wireless support structure or within an existing equipment compound, provided such improvement, upgrade, expansion, or replacement does not increase the height of the wireless support structure or increase the dimensions of the equipment compound. 8. Registry. Any official list, record, or register maintained by local governing authority of wireless facilities, equipment compounds, or wireless support structures. 9. Substantially Change. A modification that substantially changes the physical dimensions of an “eligible support structure” as defined in this Glossary if it meets any of the following criteria: a. For towers other than towers in the public rights-of-way, it increases the height of the tower by more than 10 percent or by the height of one additional antenna array with separation from the nearest existing antenna not to exceed 20 feet, whichever is greater; for other eligible support structures, it increases the height of the structure by more than 10 percent or more than 10 feet, whichever is greater. (Changes in height should be measured from the original support structure in cases where deployments are or will be separated horizontally, such as on buildings’ rooftops; in other circumstances, changes in height should be measured from the dimensions of the tower or base station, inclusive of originally approved appurtenances and any modifications that were approved prior to the passage of the Spectrum Act.) b. For towers other than towers in the public rights-of-way, it involves adding an appurtenance to the body of the tower that would protrude from the edge of the tower more than 20 feet, or more than the width of the tower structure at the level of the appurtenance, whichever is great- er; for other eligible support structures, it involves adding an appurtenance to the body of the structure that would protrude from the edge of the structure by more than 6 feet; 419 | P a g e Article Fourteen. Interpretation and Definitions c. For any eligible support structure, it involves installation of more than the standard number of new equipment cabinets for the technology involved, but not to exceed four cabinets; or, for towers in the public rights-of-way and base stations, 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 10 percent larger in height or overall volume than any other ground cabinets associated with the structure; d. it entails any excavation or deployment outside the current site; e. it would defeat the concealment elements of the eligible support structure; or f. it does not comply with conditions associated with the siting approval of the construction or modification of the eligible support structure or base station equipment, provided however that this limitation does not apply to any modification that is non-compliant only in a manner that would not exceed the thresholds identified in a) through d) of this definition. 10. Utility. Any person, corporation, municipality, county, or other entity, or department thereof or entity related or subordinate thereto, providing retail or wholesale electric, data, cable, or telecommunications services. 11. Wireless Facility. The set of equipment and network components, exclusive of the underlying wireless support structure, including antennas, transmitters, receivers, base stations, power supplies, cabling, and accessory equipment, used to provide wireless data and wireless telecommunication services. 12. Wireless Support Structure. A freestanding structure, such as a monopole, tower, either guyed or self- supporting, or suitable existing or alternative structure designed to support or capable of supporting wireless facilities. Such term shall not include any telephone or electrical utility pole or any tower used for the distribution or transmission of electrical service. Temporary Event. An activity having a specific duration or the end of which is related to a specific action, usually lasting for only a few days. Tenant. A natural person, business, or other entity that occupies land or buildings by ownership, under a lease, through payment of rent, or at will; the primary occupant, inhabitant, or dweller of a place. See also “subtenant”. Tenant Frontage. The horizontal distance in feet between the walls that delimit an exterior façade of a tenant space. A “tenant space” may be a standalone building with a single occupant, or a portion of a planned center that is separated from all other tenant spaces for occupancy by a single tenant. Timber Harvesting. The felling, loading, and transporting of timber products (pulpwood etc.). The term “timber harvesting” may include both clearcutting and selective cutting of timber. Topping, top (heading, lopping, tipping). An improper method of pruning that involves cutting a currently growing or one-year-old shoot back to a bud or cutting an older branch or stem back to a stub or lateral branch not sufficiently large enough to assume the terminal role. Trail, Multi-use. A hard surface (concrete, asphalt, boardwalk, etc.) transportation structure specifically constructed for alternative transportation such as walking, biking, roller blading, etc., and not intended to transport motorized vehicles such as cars, trucks, or motorcycles. Tree. Any living, self-supporting woody or fibrous plant that normally obtains a Diameter Breast Height of at least 3 inches and typically has one main stem or trunk and many branches. Tree canopy cover. The land area covered by a tree crown, as measured in square feet. For a site or lot it may be expressed as the percent of the land area covered by tree canopy and is calculated by dividing the tree canopy cover in square feet by the total land area of the site or lot. Tree Diameter. The widest cross-sectional dimension of a tree trunk measured at diameter breast height (DBH) or at a point below DBH for new trees or multi-trunked species, but in no case less than 6 inches from the ground. 420 | P a g e Article Fourteen. Interpretation and Definitions Tree establishment. The activities associated with installing a tree in the landscape, including tree selection, tree placement (site selection), soil preparation, planting and new tree maintenance. Tree-planting season. The time of year most suitable for planting trees, while they are dormant, considered to be December through March in the City of Duluth. Tree Preservation/Replacement Plan (TP/RP). A plan that identifies Tree Protection Areas on a property where existing trees are to be preserved and where proposed replacement trees are to be planted to meet minimum requirements, as well as methods of tree protection to be undertaken on the site and other pertinent information. Tree Protection Area (TPA). Any portion of a site wherein are located existing trees that are proposed to be preserved in order to comply with the requirements of this Ordinance. The Tree Protection Area shall include no less than the total area beneath the tree canopy as defined by the drip line of the tree or collective group of trees. Tree protection zone (TPZ). A more or less cylindrical area surrounding a tree (planted or conserved) and including the critical root zone and extending up to the top of the tallest branch and out from the trunk to the dripline of the tree or the critical root zone, whichever is greater. This area includes the trunk, crown, and that portion of the tree’s roots within the critical root zone. For a group of trees, it includes the area within the group and extending out to the critical root zones of the trees located along the entire perimeter of the group. The tree protection zone increases in size as a tree grows. Tree Removal or Removal of Trees. Any act that causes a tree to die within two years after commission of the act, including, but not limited to, damage inflicted upon the root system or trunk as the result of: 1. The improper use of machinery on the trees; 2. The storage or materials in or around the trees; 3. Soil compaction; 4. Altering the natural grade to expose the roots or to cover the tree’s root system with more than 4 inches of soil; 5. Causing the infection or infestation of the tree by pests, fungus, or harmful bacteria; 6. Pruning judged to be excessive by the Director or not in accordance with the standard set forth by the International Society of Arboriculture (ISA); 7. Paving with concrete, asphalt, or other impervious surface within such proximity as to be harmful to the tree or its root system; or, 8. Application of herbicides or defoliants to any tree without first obtaining a permit. Tree Save Area. An area designated for the purpose of meeting tree density requirements, saving natural trees, and/or preserving natural buffers. Tree-Thinning. Selective cutting or thinning of trees only for the clear purpose of good forestry management in order to protect said forest from disease or infestation and in no way shall be constructed as clear-cutting. Triplex. A multi-family dwelling containing three dwelling units, designed for occupancy by not more than three families living independently of each other. Trout Streams. All streams or portions of streams within the watershed as designated by the Wildlife Resources Division of the Georgia Department of Natural Resources under the provisions of the Georgia Water Quality Control Act, O.C.G.A. 12-5-20, in the rules and regulations for Water Quality Control, Chapter 391-3-6 at www.gaepd.org. Streams designated as primary trout waters are defined as water supporting a self-sustaining population of rainbow, brown, or brook trout. Streams designated as secondary trout waters are those in which there is no evidence of natural trout reproduction but are capable of supporting trout throughout the year. First- order trout waters are streams into which no other streams flow except springs. 421 | P a g e Article Fourteen. Interpretation and Definitions Trunk. The main stem(s) of a tree, located above ground, extending up from the root system and supporting the crown. The trunk is responsible for water, nutrient, and carbohydrate transport within the tree and the storage of carbohydrates for future use. Two-Family Dwelling (Duplex). A building containing two single-family dwelling units totally separated from each other by an unpierced wall extending from basement to roof.