As used in this article, the following terms shall have the meanings indicated:
ANTICIPATED MUNICIPAL EXPENSESThe cost of processing an application, including, but not limited to, all professional fees such as engineer and attorney costs incurred by the City.
APPLICANTThe person or entity seeking to place a small wireless facility, cabinet or pole within the municipal right-of-way or public grounds that submits an application, and the agents, employees, and contractors of such person or entity.
APPLICATIONEither a new ROW installation application or an existing ROW installation application, submitted by an applicant to the City for purposes of procuring a right-of-way permit.
CABINETA pole-mounted small box-like or rectangular structure used to facilitate utility or Personal Wireless Service.
CITY CLERKThe person appointed to be the City Clerk for the City of Hoboken pursuant to N.J.S.A. 40A:9-133.
CITY ENGINEERThe person appointed to be City Engineer for the City of Hoboken pursuant to N.J.S.A. 40A:9-140 or its designee.
COLLOCATIONTo install or mount equipment, cabinets or small wireless facilities on, under, or within a preexisting communications facility, pole, existing pole, cabinet, existing cabinet or other support structures in the municipal right-of-way or public grounds.
EXISTING CABINETA cabinet that is in lawful existence within the municipal right-of-way or public grounds, including ground-mounted and at grade installations.
EXISTING FACILITYAn existing small cell wireless facility, existing cabinet, or existing pole that is in lawful existence within the municipal right-of-way or public grounds.
EXISTING POLEA pole that is in lawful existence within the municipal right-of-way or public grounds.
EXISTING PROVIDERThe entity currently utilizing any small wireless facility within the municipal right-of-way or public grounds.
EXISTING ROW INSTALLATION APPLICATIONA formal written request in compliance with the requirements as established by the City for a right-of-way permit to construct or install a small wireless facility on an existing facility within a municipal right-of-way or public grounds submitted by an applicant to the City Engineer in accordance with this article.
FCCThe Federal Communications Commission.
FCC ORDERThe Declaratory Ruling and Third Report and Order, WT Docket No. 17-79; WC Docket 17-84 adopted on September 26, 2018.
MUNICIPAL RIGHT-OF-WAY or RIGHT-OF-WAY or ROWThe surface of, and the space above or below, any public street, road, lane, path, public way or place, sidewalk, alley, boulevard, parkway, drive, and the like, held by the City as an easement or in fee simple ownership, or any other area that is determined by the City to be a right-of-way in which the City may allow the installation of small wireless facilities, cabinets and poles. This term may also include county rights-of-way where the county requires the approval of the City pursuant to N.J.S.A. 27:16-6 for the use of same.
NEW ROW INSTALLATION APPLICATIONA formal written request in compliance with the requirements as established by the City for a right-of-way permit to construct or install a pole or cabinet in a municipal right-of-way submitted by an applicant to the City Engineer in accordance with this article.
PERMITTEEAn applicant that has obtained a right-of-way permit.
PERSONAL WIRELESS SERVICEA type of "commercial mobile radio service" (as that term is defined in 47 CFR 20.3), unlicensed wireless services (as that term is defined in 47 U.S.C. 332(c)(7)(C)(iii) and common carrier wireless exchange access services, and provided by the use of "personal wireless service facilities" [as such phrase is defined in 47 U.S.C. 332(c)(7)(C)(ii)].
POLEA long, slender, piece of wood, metal, fiberglass composite, or other materials, including, but not limited to, decorative streetlights, nondecorative streetlights and traffic signal structures.
PROPOSED CABINETA pole-mounted cabinet that is proposed to be placed within the municipal right-of-way or public grounds.
PROPOSED POLEA pole that is proposed to be placed within the municipal right-of-way or public grounds.
PUBLIC GROUNDSAny lands, areas, buildings or installations owned by the City of Hoboken or any of its departments, agencies or commissions, and shall include, but not be limited to, the City Board of Education lands, areas, buildings or installations.
RF EMISSIONSThe radio frequency power transmitted from a small wireless facility.
RIGHT-OF-WAY INSTALLATIONThe pole, cabinet and/or small wireless facility installed within the municipal right-of-way or public grounds in accordance with a right-of-way permit.
RIGHT-OF-WAY PERMITThe building permit issued by the City following approval from the City which sets forth that the applicant is in compliance with the requirements of this article.
RIGHT-OF-WAY USE AGREEMENTAn agreement that sets forth the terms and conditions for use of the municipal right-of-way or public grounds.
ROW INSTALLATION SUBCOMMITTEEA committee comprised of three members of the City Council, the City Engineer, the City Business Administrator, one member from the Planning Board and one member from the Historic Preservation Commission who are responsible for reviewing all new ROW installation applications for compliance with the provisions of this article and issuing a recommendation concerning the new ROW installation application to the Planning Board.
SMALL WIRELESS FACILITY/IESAntennas, equipment, cables, wires, conduits and other appurtenances attached to poles or located within cabinets used to transmit, receive, distribute and provide personal wireless services and communication services and as further defined in the FCC Order.
SURROUNDING STREETSCAPEExisting poles within the same right-of-way, which are located within 500 feet of the proposed pole.
WEBSITEThe website developed, operated, maintained and updated by permittees which provides information about any New Infrastructure Installation.