As used in this article, the following terms shall have the
meanings indicated:
ANTENNA
An apparatus designed for the purpose of emitting radiofrequency
(RF) radiation, to be operated or operating from a fixed location,
for the provision of personal wireless service and any commingled
information services.
ANTENNA EQUIPMENT
Equipment, switches, wiring, cabling, power sources, shelters
or cabinets associated with an antenna, located at the same fixed
location as the antenna, and, when collocated on a structure, is mounted
or installed at the same time as such antenna.
ANTICIPATED MUNICIPAL EXPENSES
The cost of processing an application for a right-of-way
permit, including, but not limited to, all professional fees such
as engineer and attorney costs to the Borough.
APPLICANT
The entity seeking a permit to construct or install a facility
or facilities in the public rights-of-way, which shall include a permittee,
a competitive local exchange carrier, contractor or construction contractor,
agent or independent contractor for a carrier or other third party
operator. The applicant shall include the term "permittee" when required
permits have been issued pursuant to this article.
BOROUGH
The Borough of Wildwood Crest, County of Cape May, State
of New Jersey.
BOROUGH ENGINEER
The person appointed by the Borough to be the borough engineer,
or the board engineer.
CABINET
A small box-like or rectangular structure used to facilitate
utility or personal wireless services from within the public rights-of-way.
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.
"Carrier" shall also mean and include any other third-party operator,
contractor or construction contractor who will be constructing or
installing the facilities or equipment as agent or independent contractor
for a carrier or other third-party operator.
COLLOCATION
Mounting or installing an antenna facility on a pre-existing
pole, and/or modifying a structure for the purpose of mounting or
installing an antenna facility on that pole.
CONDUIT
A casing or encasement for wires or cables.
COUNTY
The County of Cape May, State of New Jersey.
EXISTING POLE
A wireless pole, or pole owned by an incumbent local exchange
carrier, competitive local exchange carrier, electric distribution
company or other company that is in lawful existence within the public
rights-of-way.
FACILITY or FACILITIES
All structures, devices, and materials, including but not
limited to: antennas, radios, 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 Board of Commissioners of the Borough of Wildwood Crest,
County of Cape May, State of New Jersey.
MUNICIPALITY
The Borough of Wildwood Crest, County of Cape May, State
of New Jersey.
PERMITTEE
The applicant or 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: a) equipment associated with personal wireless
services such as private, broadcast and public safety services, as
well as unlicensed wireless services and fixed wireless services such
as microwave backhaul; and b) tower, radio transceivers, antennas,
antenna equipment, 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.
POLE
A wooden utility pole that is used to support telephone wires,
electrical wires, etc.
PUBLIC RIGHTS-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 Borough or within an easement to the public or other
easement owned by the Borough. This term shall also include county
rights-of-way.
STEALTH STRUCTURE
A structure or facility finished and/or painted and/or otherwise
camouflaged, in conformance with the best available stealth technology
methods, so as to blend in and be compatible with its background so
as to minimize its visual impact on surrounding properties.
STREET
Any street, alley, avenue, boulevard, road, parkway, viaduct,
drive or other way as defined in the Municipal Land Use Law, N.J.S.A.
40:55D-7.
STRUCTURE
A pole, tower, base station, or other building, whether or
not it has an existing antenna facility, that is used or to be used
for the provision of personal wireless service (whether on its own
or comingled with other types of services).
THIRD PARTY OPERATOR
An applicant or permittee that is not a licensed wireless
carrier or competitive local exchange carrier that will construct,
operate or maintain wireless facilities for the provision of service
of one or more wireless carriers.
ZONING BOARD
The Zoning Board of Adjustment of the Borough of Wildwood
Crest, Cape May County, New Jersey.
ZONING OFFICER
The administrative officer as defined in N.J.S.A. 40:55D-3
and the zoning officer of the Borough 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.
Issuance of a zoning permit shall confirm compliance with this
article, together with the Master License Agreement, shall authorize
the permittee to apply for construction permits to undertake the work
set forth in the plans filed with the permit application. The permit
shall not grant authority to the permittee to impinge upon the rights
of others who may also have an interest in the public rights-of-way.
A carrier shall notify the Borough no less than 30 days following
the transfer of ownership of any facility in the public rights-of-way
or change in identity of the carrier. The rights and obligations given
to the carrier pursuant to the Master License Agreement and zoning
permit shall be binding on and benefit the new owner of the carrier
or the facility, its successors and assigns, who shall have all the
obligations and privileges enjoyed by the former owner under the Master
License Agreement and zoning permit.
Upon completion of all construction or maintenance of facilities,
the carrier shall remove all debris and restore the public rights-of-way
to a clean and safe condition in a timely manner and to the satisfaction
of the Zoning Officer.