As used in this article, the following terms shall have the
following meanings:
ALTERNATIVE TOWER FACILITY
An existing or proposed structure that is compatible with
the neutral setting and surrounding structures and that camouflages
or conceals the presence of the antennae can be used to house or mount
a personal wireless telecommunication service antenna. Examples include
manmade trees, clock towers, bell steeples, light poles, silos, existing
utility poles, existing utility transmission towers and other similar
alternative designed structures.
ANTICIPATED MUNICIPAL EXPENSES
The cost of processing an application to place small cell
equipment or wireless poles in the public right-of-way including,
but not limited to, all professional fees such as engineer and attorney
costs.
APPLICANT
The person or entity seeking to place small cell equipment
or wireless poles within the public right-of-way.
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 right-of-way. It shall not include an antenna, monopole, or preexisting towers or and preexisting antennas, as those terms are defined in Chapter
245 herein.
MUNICIPAL FACILITIES
Any property, both real and personal, including physical
installations in the public right-of-way that is owned by the Township.
PERSONAL WIRELESS SERVICE
A type of 'commercial mobile radio service' (as
that term is defined in 47 CFR 20.3) as listed at 47 CFR 20.9(a)(11)
and as defined at 47 CFR 24.5, and provided by the use of 'personal
wireless service facilities' as such phrase is defined in section
704 of the Federal Telecommunications Act of 1996, Pub. L. No. 104-104,
110 State 56 (1996), partially codified at 47 U.S.C. 332 (c)(7)(C)(ii).
PUBLIC RIGHT-OF-WAY
The surface of, and the space above, any public street, road,
lane, path, public way or place, sidewalk, alley, boulevard, parkway,
drive and the like, held by the Township or county as an easement
or in fee simple ownership, or any other area that is determined by
the Township or county to be a right-of-way in which the Township
may allow the installation of small cell equipment and wireless poles
or other telecommunications facilities.
SMALL CELL EQUIPMENT AND SMALL CELL FACILITY
Any of the following that are attached, mounted or installed
on an existing pole or wireless pole in the public rights-of-way and
used to provide personal communications services:
A.
Wireless Facilities and transmission media, including femtocells,
picocells and microcells;
B.
Outside distributed antenna systems (ODAS);
C.
A personal wireless service facility as defined by the Federal
Telecommunications Act of 1996, as amended as of August 6, 2014; or
D.
A wireless service facility that meets both of the following
qualifications:
(1)
Each antenna is located inside an enclosure of no more than
three 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 three cubic feet;
and
(2)
Primary equipment enclosures are not larger than 17 cubic feet
in volume. The following associated equipment may be located outside
of the primary equipment enclosure and, if so located, is not included
in the calculation of equipment volume: electric meter, concealment,
telecommunications demarcation box, ground-based enclosures, back-up
power systems, grounding equipment, power transfer switch, and cut-off
switch.
SMALL CELL NETWORK
A collection of interrelated small cell facilities designed
to deliver wireless service.
TELECOMMUNICATIONS
The transmission by wire, radio, optics, or any electromagnetic
system, between or among points specified by the user, of information
of the user's choosing, without change in the form or content
of the information as sent and received.
TELECOMMUNICATIONS FACILITY
Any structure or device used for the purpose pf providing,
supporting, enabling, or otherwise facilitating telecommunications,
including, but not limited to small cell equipment, wireless poles
as defined herein.
TOWNSHIP ENGINEER
The person appointed to be Township Communications Technician
by the Township of Brick pursuant to N.J.S.A. 40A:9-140.
WIRELESS POLE
A column or post lawfully located in the public right-of-way
used solely to support small cell equipment and/or provide personal
wireless service.
ZONE, NONRESIDENTIAL
The zones designated in §
245-8, Zoning districts enumerated, of the Township Code of the Township of Brick.
ZONE, RESIDENTIAL
Any zones permitting single-family, two-family, or multifamily
residences, assisted-living residences, nursing homes, and/or residential
health care facilities.
Ownership or ownership or control of a license issued pursuant
to this section may not, directly or indirectly, be transferred, assigned
or disposed of by sale, lease, merger, consolidation or other act
of the grantee, by operation of law or otherwise, without the prior
consent of the Township as expressed by resolution.
Each license grantee shall indemnify and hold the Township and
its officers, employees, agents and representatives harmless from
and against any and all damages, losses and expenses, including reasonable
attorney's fees and costs of suit or defense, arising out of,
resulting from or alleged to arise out of or result from the negligent,
careless or wrongful acts, omissions, failures to act or misconduct
of the grantee or its affiliates, officers, employees, agents, contractors
or subcontractors in the construction, operation, maintenance, repair
or removal of its telecommunications facilities, and in providing
or offering telecommunications services over the facilities, whether
such acts or omissions are authorized, allowed or prohibited by this
chapter or by a grant agreement made or entered into pursuant to this
chapter.