Definitions. As used in this section, the following terms shall
have the meanings indicated:
ADMINISTRATIVE REVIEW
Ministerial review of an application by the Borough relating
to the review and issuance of a permit, including review by the designee,
a wireless consultant with knowledge beyond the expertise of Borough
personnel, as well as the Construction Official, Zoning Officer, Director
of Public Works, engineer, or other Borough staff or designees to
determine whether the issuance of a permit is in conformity with the
applicable provisions of this section. Administrative permit issuance
is nondiscretionary and based on whether an application is in conformity
with the provisions of this section, 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.
ANTENNA
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.
APPLICABLE CODES
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 Borough or otherwise
are applicable in the jurisdiction.
APPLICANT
A person or entity who submits an application under this
chapter.
APPLICATION
A written request submitted by an applicant to the Borough
for a permit i) to locate or co-locate, 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 co-located.
BOROUGH
The Borough of Woodcliff Lake, 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 Borough or any entities that do not have zoning or permitting
authority or jurisdiction. The Borough may hereinafter be referred
to as the "Borough," "the Borough of Woodcliff Lake," "Woodcliff Lake"
or "the Borough."
BOROUGH POLE
A pole owned, managed or operated by or on behalf of the
Borough.
CO-LOCATE
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. "Co-location" has a corresponding meaning. The term does
not include the installation of a new utility pole, tower or support
structure in the public right-of-way.
COMMUNICATIONS FACILITY
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.
COMMUNICATIONS SERVICE PROVIDER
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).
CONTRACT FOR PROFESSIONAL SERVICES
A contract through which the Borough has entered into an
arrangement with an individual, attorney, consultant or firm for same
to provide professional consulting services pursuant to this section,
said contract being in conformance with New Jersey Public Contracts
Law, pay-to-play laws and other applicable laws governing such
contracts and agreements.
DECORATIVE POLE
A Borough pole that is specially designed and placed for
aesthetic purposes.
DEPLOYABLE
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.
DESIGNEE
Hoplite Communications, LLC, appointed by the Borough and
contracted for professional services to serve as the point-of-contact
and primary consultant and specialist for the Borough for all matters
concerning this section. 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.
DISCRETIONARY REVIEW
Review of an application by the Borough 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 Borough
(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 the Historic Preservation
Commission for commentary and recommendations.
FCC
The Federal Communications Commission of the United States.
FEE
A one-time, nonrecurring charge, whether a fixed amount or
cost-based amount based on time and expense.
HISTORIC PROPERTY
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.
LAWS
Collectively, any and all federal, state, or local law, statute,
common law, code, rule, regulation, order, or ordinance.
OCCUPANT
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.
ORDINARY MAINTENANCE, REPAIR AND REPLACEMENT
(a)
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
(b)
With respect to a communications facility only, the replacement or upgrade of antennas and/or other components of the communications facility (specifically, such as a swap-out or addition 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 Borough (and/or consistent with the same height and volume limits for wireless facilities under this section), 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 by the structural load analysis supplied by the applicant to the Borough, and by the volume limits in §
380-100.1B(8), Design standards. Modifications beyond the foregoing must be requested, in writing, by the applicant and are subject to discretionary review by the Borough.
PERMIT
A written authorization (in electronic or hard copy format)
required by the Borough to initiate, continue, or complete installation
of a communications facility, or an associated support structure,
pole, or tower.
PERSON
An individual, corporation, limited-liability company, partnership,
association, trust, or other entity or organization, including the
Borough.
POLE
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 Borough 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.
PROVIDER
A communications service provider or a wireless provider.
PUBLIC RIGHT-OF-WAY or PUBLIC ROW or MUNICIPAL ROW
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.
REPLACE or REPLACEMENT
Means, 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
Borough 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 co-location of
a communications facility. In connection with replacement of a pole
or tower to support co-location of a wireless facility, similarity
in size and scale shall be evaluated consistent with 47 CFR 1.6100
(b)(7).
SMALL WIRELESS FACILITY
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, cutoff switch, and vertical cable
runs for connection of power and other services. The following additional
parameters apply to small wireless facilities: 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.
STATE
The State of New Jersey.
SUPPORT STRUCTURE
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.
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.
UTILITY EASEMENT
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.
WIRELESS FACILITY
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 co-located; or ii) coaxial, fiber-optic 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.
WIRELESS INFRASTRUCTURE PROVIDER
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 co-location, but that
is not a wireless services provider.
WIRELESS PROVIDER
A wireless infrastructure provider or a wireless services
provider.
WIRELESS SERVICES
Any wireless services, including, without limitation, personal
wireless services as that term is defined in 47 U.S.C. § 332(c)(7)(C)(i),
fixed wireless and other wireless services.