[Ord. No. 99-29 § 4A-2]
For the purpose of this chapter, and the interpretation and enforcement thereof, the following words and phrases shall have the following meanings, unless the context of the sentence in which they are used shall indicate otherwise:
AFFILIATEShall mean a person that directly or indirectly owns or controls, is owned or controlled by, or is under common ownership or control with another person.
EXCESS CAPACITYShall mean the volume or capacity in any existing or future duct, conduit, manhole, handhole or other utility facility within the public way that is or will be available for use for additional telecommunications facilities.
FCCShall mean the Federal Communications Commission.
OTHER WAYSShall mean the highways, streets, alleys, utility easements or other rights-of-way within the Township but under the jurisdiction and control of a governmental entity other than the Township.
OVERHEAD FACILITIESShall mean utility poles, utility facilities and telecommunications facilities located above the surface of the ground, including the underground supports and foundations for such facilities.
PERSONShall mean and include corporations, companies, associations, joint stock companies or associations, firms, partnerships, limited liability companies and individuals and includes their lessors, trustees and receivers.
PUBLIC STREETShall mean any highway, street, alley or other public right-of-way for motor vehicle travel under the jurisdiction and control of the Township which has been acquired, established, dedicated or devoted to highway purposes not inconsistent with telecommunications facilities.
PUBLIC WAYShall mean and include all public streets and utility easements, as those terms are defined herein, now or hereafter owned by the Township, but only to the extent of the Township's right, title, interest or authority to grant a license to occupy and use such streets and easements for telecommunications facilities.
STATEShall mean the State of New Jersey.
SURPLUS SPACEShall mean that portion of the usable space on a utility pole which has the necessary clearance from other pole users, as required by the orders and regulations of the Board of Public Utilities, to allow its use by a telecommunications carrier for a pole attachment.
TELECOMMUNICATIONS CARRIERShall mean and include every person that directly or indirectly owns, controls, operates or manages plant, equipment, or property within the Township, used or to be used for the purpose of offering telecommunications service.
TELECOMMUNICATIONS FACILITIESShall mean the plant, equipment and property, including but not limited to, cables, wires, conduits, ducts, pedestals, antenna, electronics and other appurtenances used or to be used to transmit, receive, distribute, provide or offer telecommunication services.
TELECOMMUNICATIONS PROVIDERShall mean and include every person who provides telecommunications services over telecommunications facilities without any ownership or management control of the facilities.
TELECOMMUNICATIONS SERVICEShall mean the providing or offering for rent, sale or lease, or an exchange for other value received, of the transmittal of voice, data, image, graphic and video programming information between or among points by wire, cable, fiber optics, laser, microwave, radio, satellite or similar facilities, with or without benefit of any closed transmission medium.
TOWNSHIPShall mean the Township of Holmdel.
TOWNSHIP PROPERTYShall mean and include all real property owned by the Township, other than public streets and utility easements as those terms are defined herein, and all property held in a proprietary capacity by the Township, which are not subject to the right-of-way licensing as provided in this chapter.
TREEShall mean any perennial plant having a diameter of four inches or greater measured at a point four feet above the ground.
UNDERGROUND FACILITIESShall mean utility and telecommunications facilities located under the surface of the ground, excluding the underground foundation or supports for overhead facilities.
USABLE SPACEShall mean the total distance between the top of the utility pole and the lowest possible attachment point that provides the minimum allowable vertical clearance as specified in the orders and regulations of the Board of Public Utilities (B.P.U.).
UTILITY EASEMENTShall mean any easement owned by the Township and acquired, established, dedicated or devoted for public utility purposes not inconsistent with telecommunications facilities.
UTILITY FACILITIESShall mean the plant, equipment and property, including but not limited to the poles, pipes, mains, conduits, ducts, cables, wires, plant and equipment located under, on or above the surface of the ground within the public ways of the Township and used or to be used for the purpose of providing utility or telecommunications services.