As used in this article, the following terms shall have the
meanings indicated:
ANTENNA
Communications equipment that transmits or receives electromagnetic
radio frequency signals used in the provision of wireless telecommunications
services.
APPLICABLE BUILDING AND SAFETY CODES
Uniform building, fire, electrical, plumbing, or mechanical
codes adopted by a recognized national code organization or local
amendments to those codes enacted solely to address imminent threats
of destruction of property or injury to persons to the extent not
inconsistent with the terms of this article.
APPLICANT
Any person who submits an application and is a wireless telecommunications
provider.
APPLICATION
A request submitted by an applicant:
A.
For a small cell building/work permit to collocate small wireless
facilities in a ROW; or
B.
To approve the installation or modification of a utility pole
or wireless telecommunications facility support structure in a ROW.
COLLOCATE
To install, mount, maintain, modify, operate, or replace
wireless telecommunications facilities on or adjacent to a wireless
support structure or utility pole. "Collocation" has a corresponding
meaning.
PERSON
An individual, corporation, limited liability company, partnership,
association, trust, or other entity or organization, including the
Township.
RIGHTS-OF-WAY or ROW
The area on, below, or above a roadway, highway, street,
sidewalk, alley, utility easement, or similar property, but not including
a federal interstate highway, in the Township and owned by the Township.
SMALL WIRELESS FACILITY or SMALL CELL
A.
A wireless telecommunications facility that meets both of the
following qualifications:
(1)
Each antenna is located inside an enclosure of no more than
six cubic feet in volume or, in the case of an antenna that has exposed
elements, the Antenna and all of its exposed elements could fit within
an imaginary enclosure of no more than six cubic feet; and
(2)
All other wireless equipment associated with the facility is
cumulatively no more than 28 cubic feet in volume.
B.
The following types of associated ancillary equipment are not
included in the calculation of equipment volume: electric meter, concealment
elements, telecommunications demarcation box, ground-based enclosures,
grounding equipment, power transfer switch, cut-off switch, and vertical
cable runs for the connection of power and other services.
TOWNSHIP OWNED POLE
A.
A utility pole owned or operated by the Township in the rights-of-way,
including a utility pole that provides lighting or traffic control
functions including light poles, traffic signals, and structures for
signage; and
B.
A pole or similar structure owned or operated by the Township
in the ROW that supports only wireless telecommunications facilities.
UTILITY POLE
A pole or similar structure that is used in whole or in part
for the purpose of carrying electric distribution lines or cables
or wires for telecommunications, cable or electric service, or for
lighting, traffic control, signage, or a similar function regardless
of ownership, including Township-owned poles.
WIRELESS TELECOMMUNICATIONS FACILITY
A.
Equipment at a fixed location that enables wireless telecommunications
between user equipment and a communications network, including:
(1)
Equipment associated with wireless telecommunications; and
(2)
Radio transceivers, antennas, coaxial or fiber-optic cable,
regular and backup power supplies, and comparable equipment, regardless
of technological configuration.
B.
The term includes small wireless facilities. The term does not
include the structure or improvements on, under, or within which the
equipment is collocated.
WIRELESS TELECOMMUNICATIONS INFRASTRUCTURE PROVIDER
Any person, including a person authorized to provide telecommunications
service in the state, that builds or installs wireless communication
transmission equipment, wireless telecommunications facilities or
wireless telecommunications support structures, but that is not a
wireless telecommunications services provider.
WIRELESS TELECOMMUNICATIONS SUPPORT STRUCTURE
A freestanding structure, such as a monopole; tower, either
guyed or self-supporting; billboard; or, other existing or proposed
structure designed to support or capable of supporting wireless telecommunications
facilities. Such term shall not include a utility pole.
Notwithstanding anything to the contrary in this article, in
the event that this article, in whole or in part, is declared or determined
by a judicial, administrative, or legislative authority (whether state
or federal) exercising its jurisdiction to be excessive, unreasonable,
unenforceable, void, unlawful, or otherwise inapplicable, the judicial,
administrative, or legislative order shall control the deployment
of small wireless facilities in the Township until this article is
amended.