Definitions. As used in this section, the following terms shall have
the meanings indicated:
ADMINISTRATIVE REVIEW
Ministerial review of an application by the Borough Council
and Borough Engineer to determine whether the issuance of a permit
is in conformity with the applicable provisions of this section.
ANTENNA
Communications equipment that transmits and/or receives electromagnetic
radio frequency signals used in the provision of wireless services.
This definition does not apply to broadcast antennas, antennas designed
for amateur radio use, or satellite dishes for residential or household
purposes.
APPLICABLE CODES
Uniform building, fire, safety, electrical, plumbing, or
mechanical codes adopted by a recognized national code organization
to the extent such codes have been adopted by the Authority, including
any amendments adopted by the Authority, or otherwise are applicable
in the jurisdiction.
APPLICANT
Any person who submits an application under this section.
APPLICATION
A written request, on a form provided by the Borough of Ho-Ho-Kus.
AUTHORITY
The Borough Council of the Borough of Ho-Ho-Kus.
COLLOCATE
To install or mount a small wireless facility in the public
ROW on an existing support structure, an existing tower, or on an
existing pole to which a small wireless facility is attached at the
time of the application. "Collocation" has a corresponding meaning.
COMMUNICATIONS FACILITY
Collectively, the equipment at a fixed location or locations
within the public ROW that enables communications services, including
radio transceivers, antennas, coaxial, fiber-optic or other cabling,
power supply (including backup battery), and comparable equipment,
regardless of technological configuration; and all other equipment
associated with any of the foregoing. A communications facility does
not include the pole, tower or support structure to which the equipment
is attached.
COMMUNICATIONS SERVICE
Cable service, as defined in 47 U.S.C. § 522(6);
information service, as defined in 47 U.S.C. § 153(24);
or telecommunications service, as defined in 47 U.S.C. § 153(53).
DECORATIVE POLE
A pole that is specially designed and placed for aesthetic
purposes.
ELIGIBLE FACILITIES REQUEST
An eligible facilities request as set forth in 47 CFR § 1.40001(b)(3),
as that section may be amended from time to time.
FCC
The Federal Communications Commission of the United States.
LAWS
Collectively, any and all federal, state, or local law, statute,
common law, code, rule, regulation, order, or ordinance.
ORDINARY MAINTENANCE AND REPAIR
Inspections, testing and/or repair that maintain functional
capacity, aesthetic and structural integrity of a communications facility
and/or the associated support structure, pole or tower, that does
not require blocking, damaging or disturbing any portion of the public
ROW.
PERMIT
A written authorization to install, at a specified location(s)
in the public ROW, a communications facility, tower or a pole to support
a communications facility.
PERMITTEE
An applicant that has received a permit under this section.
PERSON
An individual, corporation, limited liability company, partnership,
association, trust, or other entity or organization, including a governmental
entity.
POLE
A legally constructed pole, such as a utility, lighting,
or similar pole made of wood, concrete, metal or other material, located
or to be located within the public right-of-way. A pole does not include
a tower or support structure and does not include a pole or structure
that supports electric transmission lines.
PROVIDER
A communications service provider or a wireless services
provider, and includes any person that owns and/or operates within
the public ROW any communications facilities, wireless facilities,
poles built for the sole or primary purpose of supporting communications
facilities, or towers.
PUBLIC RIGHT-OF-WAY or PUBLIC ROW
The area on, below, or above property that has been designated
for use as or is used for a public roadway, highway, street, sidewalk,
or similar purpose. The term does not include a federal interstate
highway, state highway, county right-of-way or other areas that are
not within the legal jurisdiction, ownership or control of the Authority.
REPLACE or REPLACEMENT
In connection with an existing pole, support structure or
tower, to replace (or the replacement of) same with a new structure,
substantially similar in design, size and scale to the existing structure
and in conformance with this section and any other applicable regulations
in order to address limitations of the existing structure to structurally
support collocation of a communications facility.
SMALL WIRELESS FACILITY
A wireless facility that meets both of the following qualifications:
each antenna could fit within an enclosure of no more than three cubic
feet in volume; and all other wireless equipment associated with the
antenna, including the preexisting equipment, is cumulatively no more
than 28 cubic feet in volume.
STATE
The State of New Jersey.
SUPPORT STRUCTURE
A structure in the public ROW other than a pole or a tower
to which a wireless facility is attached at the time of the application.
TOWER
Any structure in the public ROW built for the sole or primary
purpose of supporting a wireless facility. A tower does not include
a pole or a support structure.
WIRELESS FACILITY
The equipment at a fixed location or locations in the public
ROW that enables wireless services. The term does not include the
support structure, tower or pole on, under, or within which the equipment
is located or collocated; or coaxial, fiber-optic or other cabling
that is between communications facilities or poles or that is otherwise
not immediately adjacent to or directly associated with a particular
antenna. A small wireless facility is one type of a wireless facility.
WIRELESS SERVICES
Any wireless services using licensed or unlicensed spectrum,
whether at a fixed location or mobile, provided to the public.