This chapter is titled the "Telecommunications Facilities in
the Public Right-of-Way," and amends all applicable provisions of
the Code of the Township of South Hackensack, and any existing local
laws, rules, orders, resolutions and ordinances relating to the subject
matter of this chapter.
A.
It is the intent of this chapter to regulate the placement of telecommunications equipment, including poles, towers, antennas and other infrastructure located on municipal rights-of-way. The placement of telecommunications equipment outside of the municipal right-of-way shall be governed by the applicable provision of Chapter 208, Zoning.
B.
It is furthermore intended that this chapter shall control in the
event of any inconsistency between the provisions of this chapter
and any existing agreements, licenses or franchises in existence and
which govern existing small wireless facilities in the municipal right-of-way,
and that the prevailing terms of this chapter shall supersede and
replace any conflicting terms in said agreements or licenses, and
shall govern all future relationships between the Township and the
applicable parties in said licenses and agreements.
As used in this chapter, the following terms shall have the
meanings indicated:
Ministerial review of an application by the Township relating
to the review and issuance of a permit, including review by the designee,
a wireless consultant with knowledge beyond the expertise of Township
personnel, as well as the Construction Official, Zoning Officer, engineer,
or other Township staff or designees to determine whether the issuance
of a small cell permit is in conformity with the applicable provisions
of this chapter. Administrative permit issuance is nondiscretionary
and based on whether an application is in conformity with the provisions
of this chapter, as well as any other applicable local, state and
federal laws and regulations governing small cell deployment. This
process does not involve the exercise of discretion.
Communications equipment that transmits and/or receives over-the-air
electromagnetic signals used in the provision of wireless services.
This definition does not apply to broadcast antennas, antennas designed
for amateur radio use, or satellite dishes for residential or household
purposes.
Uniform building, fire, safety, electrical, plumbing, or
mechanical codes adopted by a recognized national code organization
to the extent such codes have been adopted by the Township or otherwise
are applicable in the jurisdiction.
A person or entity who submits an application under this
chapter.
A written request submitted by an applicant to the Township
for a small cell permit i) to locate or collocate, or to modify, a
communications facility underground or on any existing support structure,
pole, or tower, or ii) to construct, modify or replace a new support
structure, pole or tower or any other structure on which a communications
facility will be collocated.
To install, mount, maintain, modify, operate and/or replace
a communications facility on an existing support structure, pole,
or tower or any other structure capable of supporting such communications
facility. "Collocation" has a corresponding meaning. The term does
not include the installation of a new pole, tower or support structure
in the public right-of-way.
Collectively, the equipment at a fixed location or locations
that enables communication between user equipment and a communications
network, including: i) radio transceivers, antennas, coaxial, fiber-optic
or other cabling, power supply (including backup battery), and comparable
equipment, regardless of technological configuration; and ii) all
other equipment associated with any of the foregoing. A communications
facility does not include the pole, tower or support structure to
which the equipment is attached. A wireless facility is an example
of a communications facility.
A cable operator, as defined in 47 U.S.C. § 522(5),
a provider of information service, as defined in 47 U.S.C. § 153(24);
or a provider of telecommunications service, as defined in 47 U.S.C. § 153(53);
or provider of fixed wireless or other wireless services as defined
in 47 U.S.C. § 332(c)(7)(C)(i). A wireless service provider
is an example of a communications service provider.
A contract through which the Township has entered into an
arrangement with an individual, attorney consultant or firm for same
to provide professional consulting services pursuant to this chapter,
said contract being in conformance with New Jersey Public Contracts
Law, Pay-to-Play Laws and other applicable laws governing such contracts
and agreements. The contract between the designee and the Township
is an example of a contract for professional services.
A Township pole that is specially designed and placed for
aesthetic purposes.
A portable, self-contained wireless facility that can be
moved to a specified location or area and provide wireless services
on a temporary or emergency basis such as a "cell on wheels" or "COW,"
"cell on light truck" or "COLT," tethered balloon, tethered drone
or other unmanned device.
Hoplite Communications, LLC, appointed by the Township and
contracted for professional services to serve as the point-of-contact
and primary consultant and specialist for the Township for all matters
concerning this chapter. Hoplite contact information: office address:
Hoplite Communications, LLC, 197 Route 18, Suite 3000, East Brunswick,
NJ 08816; phone: 732-207-3912; Email: Peter.lupo.hoplite@gmail.com.
Review of an application by the Township relating to the review and issuance of a permit, that is other than an administrative review. Discretionary review involves discretion on the part of the Township (subject to any applicable limits on such discretion) in determining whether to issue a permit and may be subject to one or more public hearings or meetings, including appearances before the planning board, zoning board of adjustment and referral to any applicable board or commission for commentary and recommendations. Discretionary review may be subject to provisions of Chapter 208, Zoning, as well as other applicable provisions as determined by the applicable governing authority.
An eligible facilities request as set forth in 47 CFR Section
1.6100(b)(3), as may be amended from time to time.
The Federal Communications Commission of the United States.
A one-time, nonrecurring charge, whether a fixed amount or
cost-based amount based on time and expense.
Any prehistoric or historic district, site, building, structure,
or object included in, or eligible for inclusion in, the National
Register maintained by the United States Secretary of the Interior
(in accordance with Section VI.D.1.a.i-v of the Nationwide Programmatic
agreement codified at 47 CFR Part 1, Appendix C) or established pursuant
to state historic preservation law.
Collectively, any and all federal, state, or local law, statute,
common law, code, rule, regulation, order, or ordinance.
Any occupant of the public right-of-way, including any wireless
provider, wireless infrastructure provider, utility company, or public
or private entity with a physical presence or right to maintain a
physical presence on, under or across the public right-of-way.
i) With respect to a communications facility and/or the associated support structure, pole or tower, inspections, testing, repair and modifications that maintain functional capacity, aesthetic and structural integrity, and (ii) with respect to a communications facility only, the replacement of antennas and/or other components of the communications facility (specifically, such as a swap out of small cell antennas and radio equipment as required by the applicant), with antennas and/or other components substantially similar, in color, aggregate size and other aesthetics to that previously permitted by the Township (and/or consistent with the same height and volume limits for wireless facilities under this chapter), so long as the support structure, pole, or tower will structurally support, or prior to installation will be modified to support, the structural load. Modifications are limited to by the structural load analysis supplied by the applicant to the Township, and by the volume limits in § 209-11, Design standards.
A written authorization (in electronic or hard copy format)
required by the Township to initiate, continue, or complete the installation,
upgrade or modification of a communications facility, or an associated
support structure, pole, or tower.
An individual, corporation, limited liability company, partnership,
association, trust, or other entity or organization, including the
Township.
A pole, such as a utility, lighting, traffic, or similar
pole, made of wood, concrete, metal or other material, located or
to be located within the public right-of-way or utility easement.
The term includes the vertical support structure for traffic lights
but does not include a horizontal structure to which signal lights
or other traffic control devices are attached unless the Township
grants a waiver for such pole. The term does not include electric
transmission poles or structures. A pole does not include a tower
or support structure.
A communications service provider or a wireless provider.
The area on, below, or above property that has been designated
for use as or is used for a public roadway, highway, street, sidewalk,
alley or similar purpose, but not including a federal interstate highway
or other area not within the legal jurisdiction, or within the legal
ownership or control of the municipality.
A recurring charge.
In connection with an existing pole, support structure or
tower, or communications facility, as the case may be, to replace
(or the replacement of) same with a new structure, similar in design,
size and scale to the existing structure and in conformance with current
Township building code, zoning provisions and other applicable regulations,
in order to address limitations of, or change requirements applicable
to, the existing structure to structurally support collocation of
a communications facility. In connection with replacement of a pole
or tower to support collocation of a wireless facility, similarity
in size and scale shall be evaluated consistent with 47 CFR 1.6100(b)(7).
A wireless facility that meets both of the following qualifications:
i) each wireless provider's antenna (including, without limitation,
any strand-mounted antenna) could fit within an enclosure of no more
than three cubic feet in volume; and ii) all other wireless equipment
associated with the facility is cumulatively no more than 28 cubic
feet in volume. The following types of associated, ancillary equipment
are not included in the calculation of equipment volume: electric
meter, concealment elements, telecommunications demarcation box, grounding
equipment, power transfer switch, cut-off switch, and vertical cable
runs for connection of power and other services. The following additional
parameters apply to small wireless facilities: i) Total height of
small wireless facility and supporting structure is less than 50 feet,
or the small wireless facility is mounted on structures no more than
10% taller than adjacent structures, or the small wireless facility
does not extend the existing structure to a height of greater than
50 feet or by more than 10% of the original height, whichever is greater.
The State of New Jersey.
A building, a billboard, a water tank or any other structure
to which a communications facility is or may be attached. Support
structure does not include a pole or a tower.
Any structure built for the sole or primary purpose of supporting
a wireless facility, such as a self-supporting tower, a monopole,
a lattice tower or a guyed tower. Tower also includes a structure
designed to conceal from the general public the wireless facility.
A tower does not include a pole or a support structure.
The Township of South Hackensack, or any agency, department,
district, subdivision or any instrumentality thereof, including, but
not limited to public utility districts, or municipal electric utilities.
The term shall not include courts of the state having jurisdiction
over the Township or any entities that do not have zoning or permitting
authority or jurisdiction. The Township may hereinafter be referred
to as the "Township," "the Township of South Hackensack," or "South
Hackensack."
A pole owned, managed or operated by or on behalf of the
Township.
The area on, below, or above privately owned property that
has been designated for use as or is used for a specific utility purpose
(such as for electric, cable or other utility purpose), and is evidenced
by a recorded instrument in the public land records pursuant to a
recorded plat, easement or right of way or is otherwise a legally
enforceable easement, and does not include any portion of a public
right-of-way.
A communications facility installed and/or operated by a
wireless provider. The term does not include: i) the support structure,
tower or pole on, under, or within which the equipment is located
or collocated; or ii) coaxial, fiberoptic or other cabling that is
between communications facilities or poles or that is otherwise not
immediately adjacent to or directly associated with a particular antenna.
A small wireless facility is one example of a wireless facility.
Any person, including a person authorized to provide telecommunications
service in the state, that builds or installs and/or operates wireless
facilities or poles, towers or support structures on which wireless
facilities are or are intended to be used for collocation, but that
is not a wireless services provider.
A wireless infrastructure provider or a wireless services
provider.
Any wireless services including, without limitation, personal
wireless services as that term is defined in 47 U.S.C. § 332(c)(7)(C)(i).
A person who provides wireless services.
