Definitions. As used in this article, 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 Construction
Official, Zoning Officer, Director of Public Works, engineer, wireless
consultants with knowledge beyond the expertise of Borough personnel,
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 non-discretionary 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
section.
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 Cresskill, 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 Cresskill," "Cresskill" 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).
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.
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.
ELIGIBLE FACILITIES REQUEST
An eligible facility request as set forth in 47 CFR Section
1.6100(b)(3), as may be amended from time to time.
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 laws,
statutes, common laws, codes, rules, regulations, orders, or ordinances.
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
(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 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 to by the structural load analysis supplied by the applicant to the Borough, and by the volume limits in Subsection
C(8), Design standards, herein. 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, 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
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, 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 fee 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.