As used in this article, the following terms shall have the
meanings indicated:
ALTERNATIVE TOWER STRUCTURE
Man-made trees, clock towers, bell steeples, light poles
and similar alternative-design mounting structures that camouflage
or conceal the presence of antennas or towers.
ANTENNA
A device that converts radio frequency electrical energy
to radiated electromagnetic energy and vice versa; in a transmitting
station, the device from which radio waves are emitted.
ANTENNA SUPPORT STRUCTURE
A structure other than a telecommunications tower which is
attached to a building and on which one or more antennas are located.
ANTENNA, RECEIVING
An antenna, other than a satellite dish antenna, used exclusively
to receive radio, television programming or any other electromagnetic
signal.
ANTENNA, SATELLITE DISH
An antenna with a reflective surface used to receive and/or
transmit radio or electromagnetic waves from an orbiting satellite.
BASE TRANSMITTER
A stationary transmitter that provides radio telecommunications
service to mobile and/or fixed receivers, including those associated
with mobile stations.
CELLULAR SYSTEM
An automated high-capacity system of one or more multichannel
base stations designed to provide radio telecommunications services
to mobile stations over a wide area in a spectrally efficient manner.
Cellular systems employ techniques such as low transmitting power
and automatic handoff between base stations of communications in progress
to enable channels to be reused at relatively short distances.
CO-LOCATION
Use of a common site by two or more wireless license holders
or by one wireless license holder for more than one type of communication
technology and/or placement of a PWTF on a structure.
FAA
The Federal Aviation Administration.
FCC
The Federal Communications Commission.
HEIGHT
When referring to a tower or other similar structure, the
height is the distance measured from ground level to the highest point
on the tower or other structure, even if the highest point is an antenna.
However, utility poles and wireless poles shall be measured from the
ground level to the top of the structure and not include any other
antennas thereon.
MONOPOLE
Any freestanding pole greater than 25 feet in height upon
which an antenna or antennas may be located.
MUNICIPAL RIGHT-OF-WAY
Definition set forth at §
310-33 of the Revised General Ordinances of the Township of Clark.
[Amended 3-18-2019 by Ord. No. 19-08]
PERSONAL COMMUNICATIONS SERVICES
Commercial mobile services, unlicensed wireless services
and common carrier wireless exchange access services, including cellular
radiotelephone, specialized mobile radio system and personal communications
services. This term shall also include the term "personal wireless
service."
PERSONAL WIRELESS TELECOMMUNICATIONS EQUIPMENT FACILITIES (PWTEFs)
Facilities serving and subordinate in area, extent and purpose
to, and on the same lot as, a telecommunications tower or antenna
location. Such facilities include, but are not limited to, transmission
equipment, storage sheds, storage buildings, and security fencing.
[Amended 3-18-2019 by Ord. No. 19-08]
PERSONAL WIRELESS TELECOMMUNICATIONS FACILITIES (PWTFs)
Facilities for the provision of wireless communications services,
including, but not limited to, antennas, antenna support structure,
telecommunications towers, and related facilities other than PWTEF's.
[Amended 3-18-2019 by Ord. No. 19-08]
PUBLIC UTILITY
Any person, firm, corporation or governmental agency, duly
authorized to furnish to the public, under governmental regulation,
electricity, gas, water, sewage treatment, steam or telephone service.
A provider of personal wireless telecommunications services is not
a public utility within the Township of Clark and this definition
shall not bestow any special status or standing not already provided
by state or federal law.
TELECOMMUNICATIONS
The transmission, between or among points specified by the
user, of information of the user's choosing, without change in the
form or content of the information as sent and received.
TELECOMMUNICATIONS EQUIPMENT
Equipment, other than customer premises equipment, used by
a carrier to provide telecommunications services, including software
integral to such equipment (including upgrades).
TELECOMMUNICATIONS SERVICE
The offering of telecommunications for a fee directly to
the public, or to such classes of users as to be effectively available
directly to the public, regardless of the facilities used.
TELECOMMUNICATIONS TOWER
Any structure that is designed and constructed primarily
for the purpose of supporting one or more antennas, including self-supporting
lattice towers, guy towers, or monopole towers. The term includes
radio and television transmission towers, microwave towers, common-carrier
towers, cellular telephone towers, alternative tower structures, and
the like.
UNLICENSED WIRELESS SERVICE
The offering of telecommunications services using duly authorized
devices which do not require individual licenses. The provision of
direct-to-home satellite services, as defined in this chapter, is
not incorporated into this definition.
WIRELESS COMMUNICATIONS
Any personal wireless services as defined in the Federal
Telecommunications Act of 1996 (FTA) which includes FCC-licensed commercial wireless
telecommunications services including cellular, personal communication
services (PCS), specialized mobile radio (SMR), enhanced specialized
mobile radio (ESMR), paging, and similar services that currently exist
or that may in the future be developed. It does not include any amateur
radio facility that is owned and operated by a federally licensed
amateur radio station operator or is used exclusively for receive-only
antennas, nor does it include noncellular telephone service.
Any antenna or tower that is not operated for a continuous period
of 12 months shall be considered abandoned, and the owner of such
antenna or tower shall remove same within 90 days of receipt of notice
from the governing authority notifying the owner of such abandonment.
If such antenna or tower is not removed within 90 days, the governing
authority may remove such antenna or tower at the owner's expense.
If there are two or more users of a single tower, then this section
shall not become effective until all users cease using the tower.
[Amended 3-18-2019 by Ord. No. 19-08]
A. This section implements Section 6409(a) of the Middle Class Tax Relief
Job Creation Act of 2012 ("Spectrum Act"), as interpreted by the Federal Communications Commission's
("FCC") Acceleration of Broadband Deployment Report and Order, which
requires a state or local government to approve any eligible facilities
request for a modification of an existing tower or base station that
does not result in a substantial change to the physical dimensions
of such tower or base station.
B. Definitions. The following terms, shall, when used in this section
have the following meanings:
BASE STATION
(1)
A structure or equipment at a fixed location that enables FCC-licensed
or authorized wireless communications users, equipment and a communications
network. The term does not encompass a tower as defined herein or
any equipment associated with a tower. This term includes base stations
in the municipal right-of-way. Base stations include, without limitation:
(a)
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.
(b)
Radio transceivers, antennas, coaxial or fiber-optic cable,
regular and backup power supplies, and comparable equipment, regardless
of technological configuration.
(c)
Small cell equipment located within the municipal right-of-way.
(d)
Any structure other than a tower that, at the time the relevant application is filed, supports or houses equipment described in Subsection
(1)(a) to
(b) that has been reviewed and approved under the applicable zoning, siting, or administrative process, even if the structure was not built for the sole or primary purpose of providing that support.
(2)
The term does not include any structure that, at the time of application is filed the Planning Board, Zoning Board or pursuant to any other administrative process does not support or house equipment described in Subsection
(1)(a) to
(b) of this subsection.
CO-LOCATION
The mounting or installing of transmission equipment on an
eligible support structure for the purpose of transmitting and/or
receiving radio frequency signals for communications purposes.
ELIGIBLE FACILITIES REQUEST
Any request for modification of an existing tower or base
station that does not substantially change the physical dimension
or such tower or base station, involving:
(1)
Co-location of new transmission equipment;
(2)
Removal of transmission equipment; or
(3)
Replacement of transmission equipment.
ELIGIBLE SUPPORT STRUCTURE
Any tower or base station as defined in this section, provided
that it is existing at the time the relevant application is filed
with the Planning Board, Zoning Board or applicable municipal official.
EXISTING
A constructed tower or base station is existing for the purposes
of this section if it has been reviewed and approved under the applicable
zoning, siting or administrative process.
SUBSTANTIAL CHANGE
(1)
For towers other than towers in the municipal rights-of-way,
it increases the height of the tower by more than 10% 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% or more than 10 feet, whichever is greater;
(2)
For towers other than towers in the municipal 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 greater; 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 six feet;
(3)
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 municipal rights-of-way and base stations, it involves installation
of any new equipment cabinets on the ground if there are no preexisting
ground cabinets associated with the structure, or else involves installation
of ground cabinets that are more than 10% larger in height or overall
volume than any other ground cabinets associated with the structure;
(4)
It entails any excavation or deployment outside the current
site;
(5)
It would defeat the concealment elements of the eligible support
structure; or
(6)
It does not comply with the conditions associated with the siting approval of the construction or modification of the eligible support structure or base station equipment, provided that this limitation does not apply to any modification that is noncompliant only in a manner that would not exceed the thresholds identified in Subsections
(1) through
(4) of this definition.
TOWER
Any structure 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.
This term includes towers in the municipal right-of-way.
TRANSMISSION EQUIPMENT
Equipment that facilitates transmission for any FCC licensed
or authorized wireless communications service, including, but not
limited to, radio transceivers, antennas, coaxial or fiber optic cable,
and regular and backup power supply. The term includes equipment associated
with 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.
C. Application review.
(1)
Type of review. Upon receipt of an application for an eligible
facilities request pursuant to this section, the Planning Board, Zoning
Board or otherwise applicable municipal official shall review such
application to determine whether the application qualifies.
(2)
Timeframe for review. Within 60 days of the date on which an
applicant submits an application seeking approval under this section,
the Planning Board, Zoning Board or otherwise applicable municipal
official shall approve the application unless it is determined that
the application is not covered by this section.
(3)
Tolling of the timeframe for review. The sixty-day review period
begins to run when the application is filed, and may be tolled only
by mutual agreement by the Planning Board, Zoning Board or otherwise
applicable municipal official and the applicant, or in the cases where
the application is deemed incomplete.
(a)
To toll the timeframe for incompleteness, the Planning Board,
Zoning Board or otherwise applicable municipal official must provide
written notice to the applicant within 30 days of receipt of the application,
specifically delineating all missing documents or information required
in the application.
(b)
The timeframe for review begins running again when the applicant
makes a supplemental submission in response to the notice of incompleteness
by the Planning Board, Zoning Board or otherwise applicable municipal
official.
(c)
Following a supplemental submission, the Planning Board, Zoning Board or otherwise applicable municipal official will notify the applicant within 10 days that the supplemental submission did not provide the information identified in the original notice delineating missing information. The timeframe is tolled in the case of second or subsequent notices pursuant to the procedures identified in Subsection
C(3) of this subsection. Second or subsequent notices of incompleteness may not specify missing documents or information that were not delineated in the original notice of incompleteness.
(4)
Interaction with 42 U.S.C. § 332(c)(7). If the Planning
Board, Zoning Board or otherwise applicable municipal official determines
that the applicant's request is not covered by the Spectrum Act as
delineated under this section, the presumptively reasonable timeframe
under 42 U.S.C. § 332(c)(7), as prescribed by the FCC, will
begin to run from the issuance of decision that the application is
not a covered request by the Planning Board, Zoning Board or otherwise
applicable municipal official.