Definitions. As used in this article, the following terms shall have
the meanings indicated:
CARRIER
Any firm, partnership, association, corporation, limited
liability company, or any other legally recognized organization, licensed
by the Federal Communications Commission to provide personal wireless
services or authorized by the New Jersey Board of Public Utilities
to provide telecommunications services in the State of New Jersey.
CONDUIT
A casing or encasement for wires or cables.
COUNTY
The County of Atlantic, State of New Jersey.
EASEMENT
All those areas within the City of Margate City which have
an existing right granted to utility companies, such as, but not limited
to, the electric company, telephone company, or cable company, allowing
the erection and maintenance of utility facilities.
FACILITY or FACILITIES
All structures, devices, and materials, including, but not
limited to: antennas, radios and radio cabinets, electrical wires
and cables, fiber-optic cables, communications and video cables and
wires, poles, conduits, pads, backup power supply and other components
of personal wireless service facilities, and appurtenances thereto,
located in the public rights-of-way. Each pole mounting set up shall
be a separate facility for regulatory purposes, applications, and
fees.
GOVERNING BODY
The Mayor and Council of the City of Margate City, County
of Atlantic, State of New Jersey.
MUNICIPALITY
The City of Margate City, County of Atlantic, State of New
Jersey.
PERMITTEE
The carrier to which a permit has been issued pursuant this
article and master license agreement for use of public rights-of-way.
PERSONAL WIRELESS SERVICE FACILITIES
Equipment at a fixed location that enables personal wireless
service between user equipment and a communications network, including,
but not limited to:
(1)
Equipment associated with personal wireless services such as
private, broadcast and public safety services, as well as unlicensed
wireless services and fixed wireless services; and
(2)
Tower, radio transceivers, antennas, coaxial or fiber-optic
cable, regular and backup power supplies and comparable equipment,
regardless of technological configuration.
PERSONAL WIRELESS SERVICES
Any technologies defined in 47 U.S.C. § 332(c)(7),
including commercial mobile services, unlicensed wireless services,
and common carrier wireless exchange access services, provided to
personal mobile communication devices through wireless facilities
or any fixed mobile wireless services provided using personal wireless
facilities.
PUBLIC RIGHT-OF-WAY
The surface, the air space above the surface, and the area
below the surface of any street, road, highway, lane, alley, boulevard,
or drive, including the sidewalk, shoulder and area for utilities
owned by the City of Margate City or within an easement to the public
or other easement owned by the City of Margate City.
STEALTH STRUCTURE
A new structure for the mounting of facilities, such as a
light pole with integrated antenna, with aesthetics found to be reasonably
acceptable to the Zoning Officer, with input from the governing body,
if deemed necessary.
STREET
Any street, avenue, boulevard, road, parkway, viaduct, drive
or other way as defined in the Municipal Land Use Law, N.J.S.A. 40:55D-7.
UTILITY POLE
A tall wooden pole that is used to support telephone wires,
electrical wires, etc.
ZONING OFFICER
The Administrative Officer as defined in N.J.S.A. 40:55D-3
and the Zoning Officer of the City of Margate City or his/her authorized
designee.
ZONING PERMIT
The document signed by the Zoning Officer pursuant to N.J.S.A.
40:55D-18 that is required as a condition precedent to the installation
of an individual facility and which acknowledges that the facility
complies with the provisions of this article, or approved deviation
therefrom.