Definitions. As used in this chapter, the following terms shall have
the following meanings:
ALTERNATIVE TOWER FACILITY
An existing or proposed structure that is compatible with
the natural setting and surrounding structures and that camouflages
or conceals the presence of the antennas and can be used to house
or mount a personal wireless telecommunications service antenna. Examples
include man-made 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 and preexisting antennas, as those terms are defined in §
188-98J herein.
MUNICIPAL FACILITIES
Any property, both real and personal, including physical
installations in the public right-of-way that is owned by the Township
of Howell.
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 cutoff
switch.
SMALL CELL NETWORK
A collection of interrelated small cell facilities designed
to deliver wireless service.
TELECOMMUNICATIONS
The transmission by wire, radio, optical, 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 of 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 Engineer for the Township
of Howell 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 Article
X of Chapter
188 of the Revised General Ordinances of the Township of Howell as zones HC, NC, HD1-3, and SED.
ZONE, RESIDENTIAL
Any zones permitting single-family, two-family, or multifamily
residences, assisted-living residences, nursing homes, and/or residential
health care facilities.