Clark City Zoning Code
ARTICLE XXVI
Wireless Telecommunications Facilities
§ 195-162 Purpose, goals and general conditions.
A.
The purpose of this article is to encourage the siting of personal wireless services facilities in nonresidential areas and to protect, to the maximum extent permitted to local governments by the Telecommunications Act of 1996, the aesthetics, the suburban character of the Township of Clark, the property values of the community, the health and safety of citizens and a citizen's ability to receive communications signals without interference from other communications providers, while not unreasonably limiting competition among communications providers or unreasonably limiting reception of receive-only antennas.
B.
No antenna(s), personal wireless telecommunications facility, tower or supporting structure shall be located, constructed or maintained on any lot, building, structure or land area, except in conformity with the requirements of Article XXVI of the Code of the Township of Clark (§ 195-162 through § 195-168.1).
C.
Personal wireless telecommunications equipment facilities (PWTEFs) and personal wireless telecommunications facilities (PWTFs) located on property owned, leased, or otherwise controlled by the governing authority shall be exempt from the requirements of this article, provided that a license or lease authorizing such PWTEFs and PWTFs has been approved by the governing authority.
D.
Purpose; goals. The purpose of this section is to establish general guidelines for the siting of PWTEFs and PWTFs. The goals of this section are to:
(1)
Encourage the location of PWTFs in nonresidential areas and minimize the total number of telecommunications towers throughout the community;
(2)
Encourage strongly the joint use of new and existing PWTEFs and PWTFs sites;
(3)
Encourage users of PWTEFs and PWTFs to locate them, to the greatest extent possible, in areas where the adverse impact on the community is minimal;
(4)
Encourage users of PWTEFs and PWTFs to configure them in a way that minimizes the adverse visual impact of the telecommunication towers and antennas; and
(5)
Enhance the ability of the providers of telecommunications services to provide such services to the community quickly, effectively, and efficiently.
§ 195-162.1 Definitions.
As used in this article, the following terms shall have the meanings indicated:
ALTERNATIVE TOWER STRUCTURE
Man-made trees, clock towers, bell steeples, light poles and similar alternative-design mounting structures that camouflage or conceal the presence of antennas or towers.
ANTENNA
A device that converts radio frequency electrical energy to radiated electromagnetic energy and vice versa; in a transmitting station, the device from which radio waves are emitted.
ANTENNA SUPPORT STRUCTURE
A structure other than a telecommunications tower which is attached to a building and on which one or more antennas are located.
ANTENNA, RECEIVING
An antenna, other than a satellite dish antenna, used exclusively to receive radio, television programming or any other electromagnetic signal.
ANTENNA, SATELLITE DISH
An antenna with a reflective surface used to receive and/or transmit radio or electromagnetic waves from an orbiting satellite.
BASE TRANSMITTER
A stationary transmitter that provides radio telecommunications service to mobile and/or fixed receivers, including those associated with mobile stations.
CELLULAR SYSTEM
An automated high-capacity system of one or more multichannel base stations designed to provide radio telecommunications services to mobile stations over a wide area in a spectrally efficient manner. Cellular systems employ techniques such as low transmitting power and automatic handoff between base stations of communications in progress to enable channels to be reused at relatively short distances.
CO-LOCATION
Use of a common site by two or more wireless license holders or by one wireless license holder for more than one type of communication technology and/or placement of a PWTF on a structure.
FAA
The Federal Aviation Administration.
FCC
The Federal Communications Commission.
GOVERNING AUTHORITY
The governing body of the Township of Clark.
HEIGHT
When referring to a tower or other similar structure, the height is the distance measured from ground level to the highest point on the tower or other structure, even if the highest point is an antenna. However, utility poles and wireless poles shall be measured from the ground level to the top of the structure and not include any other antennas thereon.
MONOPOLE
Any freestanding pole greater than 25 feet in height upon which an antenna or antennas may be located.
MUNICIPAL RIGHT-OF-WAY
Definition set forth at § 310-33, Definitions, of the Code of the Township of Clark.
PERSONAL COMMUNICATIONS SERVICES
Commercial mobile services, unlicensed wireless services and common carrier wireless exchange access services, including cellular radiotelephone, specialized mobile radio system and personal communications services. This term shall also include the term "personal wireless service."
PERSONAL WIRELESS TELECOMMUNICATIONS EQUIPMENT FACILITIES (PWTEFs)
Facilities serving and subordinate in area, extent and purpose to, and on the same lot as, a telecommunications tower or antenna location. Such facilities include, but are not limited to, transmission equipment, storage sheds, storage buildings, and security fencing.
PERSONAL WIRELESS TELECOMMUNICATIONS FACILITIES (PWTFs)
Facilities for the provision of wireless communications services, including, but not limited to, antennas, antenna support structure, telecommunications towers, and related facilities other than PWTEFs.
PREEXISTING TOWERS AND ANTENNAS
The meaning set forth in § 195-163D below.
PUBLIC UTILITY
Any person, firm, corporation or governmental agency, duly authorized to furnish to the public, under governmental regulation, electricity, gas, water, sewage treatment, steam or telephone service. A provider of personal wireless telecommunications services is not a public utility within the Township of Clark and this definition shall not bestow any special status or standing not already provided by state or federal law.
TELECOMMUNICATIONS
The transmission, 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 EQUIPMENT
Equipment, other than customer premises equipment, used by a carrier to provide telecommunications services, including software integral to such equipment (including upgrades).
TELECOMMUNICATIONS SERVICE
The offering of telecommunications for a fee directly to the public, or to such classes of users as to be effectively available directly to the public, regardless of the facilities used.
TELECOMMUNICATIONS TOWER
Any structure that is designed and constructed primarily for the purpose of supporting one or more antennas, including self-supporting lattice towers, guy towers, or monopole towers. The term includes radio and television transmission towers, microwave towers, common-carrier towers, cellular telephone towers, alternative tower structures, and the like.
UNLICENSED WIRELESS SERVICE
The offering of telecommunications services using duly authorized devices which do not require individual licenses. The provision of direct-to-home satellite services, as defined in this chapter, is not incorporated into this definition.
WIRELESS COMMUNICATIONS
Any personal wireless services as defined in the Federal Telecommunications Act of 1996 (FTA) which includes FCC-licensed commercial wireless telecommunications services including cellular, personal communication services (PCS), specialized mobile radio (SMR), enhanced specialized mobile radio (ESMR), paging, and similar services that currently exist or that may in the future be developed. It does not include any amateur radio facility that is owned and operated by a federally licensed amateur radio station operator or is used exclusively for receive-only antennas, nor does it include noncellular telephone service.
§ 195-163 Applicability.
A.
Personal wireless telecommunications equipment facilities (PWTEFs) and personal wireless telecommunications facilities (PWTFs) shall be permitted within any zone within the Township of Clark provided that said uses comply with the requirements for each respective zone.
B.
District height limitations. The requirements set forth in this article shall govern the location of towers that either comply with or exceed permitted height limitations and antennas that are installed at a height in conformance with or in excess of the height limitations specified for each zoning district. The height limitation for all telecommunications towers shall be the maximum height permitted for a principal structure within the zone that the telecommunications tower is located.
C.
Amateur radio; receive-only antennas. This article shall not govern any tower, or the installation of any antenna, that is under 70 feet in height and is owned and operated by a federally licensed amateur radio station operator or is used exclusively for receive-only antennas.
D.
Preexisting towers and antennas. Any tower or antenna for which a permit has been properly issued prior to the effective date of this article shall not be required to meet the requirements of this article, other than the requirements of § 195-164E and F below. Any such towers or antennas shall be referred to in this article as "preexisting towers" or "preexisting antennas." Any application that would alter the height of the existing structure, require any new antennas or affect the size of any new equipment or equipment areas will invalidate the exempt status of these structures and facilities.
§ 195-164 General guidelines and requirements.
A.
Principal or accessory use. Antennas and telecommunications towers, including all PWTFs and PWTEFs, may be considered either principal or accessory uses. A different existing use or an existing structure on the same lot shall not preclude the installation of an antenna or telecommunications tower on such lot. Although the PWTEF and PWTFs may be considered as either principal or accessory uses, the setback requirements for all such structures shall be those designated for the principal structure in the zone. For purposes of determining whether the installation of a telecommunications tower or antenna complies with district development regulations, including but not limited to setback requirements, lot coverage requirements, and other such requirements, the dimensions of the entire lot shall control, even though the antennas or telecommunications towers may be located on leased parcels within such lots. Telecommunications towers that are constructed, and antennas that are installed, in accordance with the provisions of this article shall not be deemed to constitute the expansion of a nonconforming use or structure.
B.
Setback standards. All PWTFs and PWTEFs shall be subject to the minimum yard requirements of the zoning district in which they are located, provided the minimum setback may be increased where necessary to address safety concerns. If PWTEFs are located on the roof of a building, the area of the PWTEFs and other equipment and structures shall not occupy more than 25% of the roof area.
C.
Inventory of existing sites. Each applicant for an antenna and/or tower shall provide to the Township Clerk an inventory of its existing towers that are either within the Township or within 1/4 mile of the border thereof, including specific information about the location, height and design of each tower. The Township Clerk may share such information with other applicants applying for administrative approvals or special use permits under this article or other organizations seeking to locate antennas within the Township; provided, however, that the Township Clerk is not, by sharing such information, in any way representing or warranting that such sites are available or suitable.
D.
Visual impact standards. All PWTFs and PWTEFs shall be located to minimize visual impacts on the surrounding area in accordance with the following standards.
(1)
Sites for PWTFs and PWTEFs must demonstrate that they provide the least visual impact on residential areas. All potential visual impacts must be analyzed to illustrate that the selected site provides the best opportunity to minimize the visual impact of the proposed facility.
(2)
PWTEFs should be located to avoid being visually solitary or prominent when viewed from residential areas and the public way. The facility should be obscured by vegetation, tree cover, topographic features and/or other structures to the maximum extent feasible.
(3)
PWTFs and PWTEFs shall be placed to ensure that historically significant viewscapes, streetscapes, and landscapes are protected. The views of and vistas from architecturally and/or significant structures should not be impaired or diminished by the placement of telecommunication facilities.
(4)
The applicant must document they are using the least visually obtrusive technology to provide the required service. The applicant must present, to the reviewing board, information on the available technologies for the proposed location and how the selected technology has the least visual impact.
(5)
The Planning Board may waive any of the above standards upon the applicant showing that strict compliance with the requirements of this article will create an undue hardship upon the applicant.
E.
Federal requirements. All towers must meet or exceed current standards and regulations of the FAA, the FCC, and any other agency of the federal government with the authority to regulate towers and antennas. If such standards and regulations are changed, then the owners of the towers and antennas governed by this article shall bring such towers and antennas into compliance with such revised standards and regulations within six months of the effective date of such standards and regulations, unless a more stringent compliance schedule is mandated by the controlling federal agency. Failure to bring towers and antennas into compliance with such revised standards and regulations shall constitute grounds for the removal of the tower or antenna at the owner's expense.
F.
Building codes; safety standards. To ensure the structural integrity of towers, the owner of a tower shall ensure that it is maintained in compliance with standards contained in applicable local building codes and the applicable standards for towers that are published by the Electronic Industries Association, as amended from time to time. If, upon inspection, the governing authority concludes that a tower fails to comply with such codes and standards and constitutes a danger to persons or property, then, upon notice being provided to the owner of the tower, the owner shall have 30 days to bring such tower into compliance with such standards. If the owner fails to bring such tower into compliance within 30 days, the governing authority may remove such tower at the owner's expense.
G.
Site design standards. The following design standards shall apply to PWTFs and PWTEFs installed or constructed pursuant to the terms of this subsection:
(1)
Co-location. Ordinance limitation on the number of structures on a lot shall not apply when PWTFs and PWTEFs are located on a lot with buildings or structures already on it.
(2)
Fencing and other safety devices. PWTFs and PWTEFs shall be surrounded by security features, such as a fence, which prevent unauthorized access. Other safety measures such as anticlimbing devices may be considered by the Board in accordance with applicable federal United States Department of Labor, Occupational Safety and Health Administration, standards and state building code requirements.
(3)
Landscaping. Landscaping shall be provided along the perimeter of the security fence to provide a visual screen or buffer for adjoining private properties and the public right-of-way. Required front yard setback areas shall be landscaped. All PWTEFs shall be screened by an evergreen hedge eight feet to 10 feet in height at planting time and/or a solid fence eight feet in height.
(4)
Signs. Signs shall not be permitted except for signs displaying owner contact information, warnings, equipment information, and safety instructions. Such signs shall not exceed two square feet in area. No commercial advertising shall be permitted on any PWTF or PWTEF.
(5)
Color. PWTFs and PWTEFs shall be of a color appropriate to the locational context and to make it as unobtrusive as possible, unless otherwise required by the Federal Aviation Administration (FAA).
(6)
Activity and access. All equipment shall be designed and automated to the greatest extent possible in order to reduce the need for on-site maintenance and thereby to minimize the need for vehicular trips to and from the site. Access shall be from established site access points whenever possible.
(7)
Dish antennas. Dish antennas shall be colored, camouflaged or screened to make them as unobtrusive as possible and in no case shall the diameter of a dish antenna exceed six feet.
(8)
Lighting. No lighting is permitted except as follows:
(a)
PWTEFs enclosing electronic equipment may have security and safety lighting at the entrance, provided that the light is attached to the facility, is focused downward and is on timing devices and/or sensors so that the light is turned off when not needed for safety or security purposes; and
(b)
No lighting is permitted on a PWTF except lighting that specifically is required by the Federal Aviation Administration (FAA), and any such required lighting shall be focused and shielded to the greatest extent possible so as not to project towards adjacent and nearby properties.
(9)
Monopole. Any proposed new telecommunications tower shall be a monopole unless the applicant can demonstrate that a different type pole is necessary for the co-location of additional antennas on the tower. Such towers may employ camouflage technology.
(10)
Noise. No equipment shall be operated so as to produce noise in excess of the limits set by the local noise ordinance,[1] except for in emergency situations requiring the use of a backup generator.
[1]
Editor's Note: See Ch. 223, Noise.
(11)
Radio frequency emissions. The FTT gives the FCC sole jurisdiction of the field of regulation of radio frequency (RF) emission and PWTFs which meet the FCC standards shall not be conditioned or denied on the basis of RF impacts. Applicants shall provide current FCC information concerning PWTFs and radio frequency emission standards. PWTFs shall be required to provide information on the projected power density of the proposed facility and how this meets the FCC standards.
(12)
Structural integrity. PWTFs must be constructed to the Electronic Industries Association/Telecommunications Industries Association (EIA/TIA) 222 Revision F Standard entitled "Structural Standards for Steel Antenna Towers and Antenna Supporting Structures" (or equivalent), as it may be updated or amended.
(13)
Maintenance. PWTFs shall be maintained to assure their continued structural integrity. The owner of the PWTF shall also perform such other maintenance of the structure and of the site as to assure that it does not create a visual nuisance.
(14)
PWTFs and PWTEFs, which are located on lands owned by the Township of Clark shall be exempt from site plan review. However, such facilities shall comply with the site design standards and zoning requirements set forth in the Township Code.
H.
Co-location policy. It is the policy of the Township of Clark to minimize the number of PWTFs and to encourage the co-location of PWTEFs of more than one wireless telecommunications service provider on a single PWTF.
(1)
The Township Clerk shall maintain an inventory of existing PWTF locations within or near the Clark Township community.
(2)
An applicant proposing a PWTF at a new location shall demonstrate that it made a reasonable attempt to find a co-location site that is technically feasible and that none was practically or economically feasible and shall include in its design the opportunity for co-location by others or explain why co-location is not feasible. Applications that include existing structures such as buildings, steeples, bell towers or other similar structures that can be used for PWTEFs and PWTFs in such a manner as to render antennas and related equipment as unobtrusive shall be considered exempt from this requirement.
(3)
Each application for a PWTF shall be accompanied by a plan which shall reference all existing PWTF locations in the applicant's Clark Township inventory, any such facilities in the abutting towns which provide service to areas within the Township of Clark, any changes proposed within the following twelve-month period, including plans for new locations and the discontinuance or relocation of existing facilities.
(4)
Each application shall include a site location alternative analysis describing the location of other sites considered, the availability of those sites, the extent to which other sites do or do not meet the provider's service or engineering needs, and the reason why the subject site was chosen. The analysis shall address the following issues:
(a)
How the proposed location of the PWTF relates to the objective of providing full wireless communication services within the Township of Clark at the time full service is provided by the applicant throughout the Township of Clark;
(b)
How the proposed location of the proposed PWTF relates to the location of any existing antennas within and near the Township of Clark;
(c)
How the proposed location of the proposed PWTF relates to the anticipated need for additional antennas within and near the Township of Clark by the applicant and, to the extent known, by other providers of wireless communication services within the Township of Clark;
(d)
How the proposed location of the proposed PWTF relates to the objective of co-locating the antennas of many different providers of wireless communication services on the same PWTF. Applications within the fourth locational priority are exempt from this requirement; and
(e)
How its plan specifically relates to and is coordinated with the needs of all other providers, to the extent known, of wireless communication services within the Township of Clark.
(f)
The Planning Board or Zoning Board of Adjustment may retain technical consultants as it deems necessary to provide assistance in the review of the site location alternatives analysis. The service provider shall bear the reasonable cost associated with such consultation, which cost shall be deposited in accordance with Clark Township's escrow provisions.
(g)
The co-location of PWTEFs onto existing PWTFs shall be subject to § 195-170 of the Revised General Ordinances of the Township of Clark.
§ 195-165 Approval process.
A.
General.
(1)
When an application for development does not require variances from the Zoning Ordinance, an application shall be made to the Planning Board and the Planning Board shall review and, if appropriate, approve the uses listed in this section as a minor site plan in accordance with Article XIA.
(2)
For uses that require variances of any kind, the application for development must be reviewed and approved by the Zoning Board of Adjustment as a major site plan with variances in accordance with § 195-73. A height of any PWTFs that exceeds the permitted height of a principal structure in the zone that the PWTFs is located shall be considered to be nonconforming and a violation of the Zoning Ordinance. When the height of any PWTFs exceeds by 10 feet or 10% of the maximum height permitted in the zone for a principal structure, then a use variance will be required in accordance with N.J.S.A. 40:55D-70(d)(6).
§ 195-166 Relief from requirements of Zoning Ordinance (variance).
A.
General. The following provisions shall govern the issuance of relief from the requirements of the Zoning Ordinance; a variance. This section applies to both PWTEFs and PWTFs.
(1)
If a proposed PWTEF or PWTF is found to be nonconforming due to a violation of bulk requirements of the Zoning Ordinance such as lot area, yard setbacks, impervious lot coverage or building coverage, or due to height requirements, then an approval of a major site plan with a variance shall be required from the Zoning Board of Adjustment for the construction of said PWTEF or PWTF or the placement of an antenna in any zone.
(2)
In granting a variance with site plan approval the Zoning Board of Adjustment may impose conditions to the extent the Board concludes such conditions are necessary to minimize any adverse effect of the proposed facility on adjoining properties.
(3)
Any information of an engineering nature that the applicant submits, whether civil, mechanical, or electrical, shall be certified by a licensed professional engineer.
B.
Information required. Each applicant requesting a preliminary major site plan approval and variance under this article shall make an application to the Zoning Board of Adjustment in accordance with § 195-174 and shall submit a scaled site plan and a scaled elevation view and other supporting drawings, calculations, and other documentation, signed and sealed by appropriate licensed professionals, showing the location and dimension of all improvements, including information concerning topography, radio frequency coverage, tower height requirements, setbacks, drives, parking, fencing, landscaping, adjacent uses, and other information deemed by the governing authority to be necessary to assess compliance with this article.
C.
Factors considered in granting zoning relief. The Zoning Board of Adjustment shall consider the following factors in determining whether to issue a site plan approval and variance, although the Board may waive or reduce the burden on the applicant of one or more of these criteria if the Board concludes that the goals of this article are better served thereby:
(1)
Height of the proposed tower or antenna;
(2)
Proximity of any part of the facility to residential structures and residential district boundaries;
(3)
Nature of uses on adjacent and nearby properties;
(4)
Surrounding topography;
(5)
Surrounding tree coverage and foliage;
(6)
Design of the facility, with particular reference to design characteristics that have the effect of reducing or eliminating visual obtrusiveness;
(7)
Proposed ingress and egress; and
(8)
Availability of suitable existing towers and other structures as described in Subsection D.
D.
Availability of suitable existing facilities: i.e., towers, antennas or other structures. Specifically, no new tower shall be permitted unless the applicant demonstrates to the reasonable satisfaction of the Zoning Board of Adjustment that no existing tower or structure can accommodate the applicant's proposed antenna. Evidence submitted to demonstrate that no existing tower or structure can accommodate the applicant's proposed antenna may consist of any of the following:
(1)
No existing towers or structures are located within the geographic area required to meet the applicant's engineering requirements.
(2)
Existing towers or structures are not of sufficient height to meet the applicant's engineering requirements.
(3)
Existing towers or structures do not have sufficient structural strength to support the applicant's proposed antenna and related equipment.
(4)
The applicant's proposed antenna would cause electromagnetic interference with the antenna on the existing towers or structures, or the antenna on the existing towers or structures would cause interference with the applicant's proposed antenna.
(5)
The fees, costs, or contractual provisions required by the owner in order to share an existing tower or structure or to adapt an existing tower or structure for sharing are unreasonable. Costs exceeding new tower development are presumed to be unreasonable.
(6)
The applicant demonstrates that there are other limiting factors that render existing towers and structures unsuitable.
E.
Tower and antenna setbacks and separation. The following setbacks and separation requirements shall apply to all towers and antennas for which a variance is required; provided, however, that the Zoning Board of Adjustment may reduce the standard setbacks and separation requirements if the goals of this article would be better served thereby:
(1)
Towers must be set back a distance equal to the height of the tower from any off-site residential property boundary.
(2)
Towers, guys and accessory facilities must satisfy the minimum zoning district setback requirements.
(3)
In zoning districts other than heavy industrial or commercial zoning districts, towers over 75 feet in height shall not be located within 1,500 feet from any existing tower that is over 75 feet in height.
F.
Landscaping. In addition to the requirements of § 195-164G, the following requirements shall govern the landscaping surrounding towers for which a preliminary major site plan and variance is being sought; provided, however, that the Zoning Board of Adjustment may waive such requirements if the goals of this article would be better served thereby:
(1)
Tower facilities shall be landscaped with a buffer of plant materials that effectively screens the view of the tower compound from adjacent residential property. The standard buffer shall consist of a landscaped strip at least four feet wide outside the perimeter of the compound.
(2)
In locations where the visual impact of the tower would be minimal, the landscaping requirement may be reduced.
(3)
Existing mature tree growth and natural land forms on the site shall be preserved to the maximum extent possible. In some cases, such as towers sited on large, wooded lots, natural growth around the property perimeter may be sufficient buffer.
§ 195-167 Removal of abandoned antennas and towers.
Any antenna or tower that is not operated for a continuous period of 12 months shall be considered abandoned, and the owner of such antenna or tower shall remove same within 90 days of receipt of notice from the governing authority notifying the owner of such abandonment. If such antenna or tower is not removed within 90 days, the governing authority may remove such antenna or tower at the owner's expense. If there are two or more users of a single tower, then this section shall not become effective until all users cease using the tower.
§ 195-168.1 Co-location onto existing towers and base stations.
A.
This section implements Section 6409(a) of the Middle Class Tax Relief and Job Creation Act of 2012 ("Spectrum Act"),[1] as interpreted by the Federal Communications Commission's ("FCC") Acceleration of Broadband Deployment Report and Order, which requires a state or local government to approve any eligible facilities request for a modification of an existing tower or base station that does not result in a substantial change to the physical dimensions of such tower or base station.
[1]
Editor's Note: See 47 U.S.C. § 1455.
B.
Definitions. The following terms, shall, when used in this section have the following meanings:
BASE STATION
(1)
A structure or equipment at a fixed location that enables FCC-licensed or authorized wireless communications users, equipment and a communications network. The term does not encompass a tower as defined herein or any equipment associated with a tower. This term includes base stations in the municipal right-of-way. Base stations include, without limitation:
(a)
Equipment associated with wireless communications services such as private, broadcast and public safety services, as well as unlicensed wireless services and fixed wireless services such as microwave backhaul.
(b)
Radio transceivers, antennas, coaxial or fiber-optic cable, regular and backup power supplies, and comparable equipment, regardless of technological configuration.
(c)
Small cell equipment located within the municipal right-of-way.
(d)
Any structure other than a tower that, at the time the relevant application is filed, supports or houses equipment described in Subsection (1)(a) to (b) that has been reviewed and approved under the applicable zoning, siting, or administrative process, even if the structure was not built for the sole or primary purpose of providing that support.
(2)
The term does not include any structure that, at the time of application is filed the Planning Board, Zoning Board or pursuant to any other administrative process does not support or house equipment described in Subsection (1)(a) to (b) of this subsection.
CO-LOCATION
The mounting or installing of transmission equipment on an eligible support structure for the purpose of transmitting and/or receiving radio frequency signals for communications purposes.
ELIGIBLE FACILITIES REQUEST
Any request for modification of an existing tower or base station that does not substantially change the physical dimension or such tower or base station, involving:
(1)
Co-location of new transmission equipment;
(2)
Removal of transmission equipment; or
(3)
Replacement of transmission equipment.
ELIGIBLE SUPPORT STRUCTURE
Any tower or base station as defined in this section, provided that it is existing at the time the relevant application is filed with the Planning Board, Zoning Board or applicable municipal official.
EXISTING
A constructed tower or base station is existing for the purposes of this section if it has been reviewed and approved under the applicable zoning, siting or administrative process.
SUBSTANTIAL CHANGE
(1)
For towers other than towers in the municipal rights-of-way, it increases the height of the tower by more than 10% or by the height of one additional antenna array with separation from the nearest existing antenna not to exceed 20 feet, whichever is greater; for other eligible support structures, it increases the height of the structure by more than 10% or more than 10 feet, whichever is greater;
(2)
For towers other than towers in the municipal rights-of-way, it involves adding an appurtenance to the body of the tower that would protrude from the edge of the tower more than 20 feet, or more than the width of the tower structure at the level of the appurtenance, whichever is greater; for other eligible support structures, it involves adding an appurtenance to the body of the structure that would protrude from the edge of the structure by more than six feet;
(3)
For any eligible support structure, it involves installation of more than the standard number of new equipment cabinets for the technology involved, but not to exceed four cabinets; or, for towers in the municipal rights-of-way and base stations, it involves installation of any new equipment cabinets on the ground if there are no preexisting ground cabinets associated with the structure, or else involves installation of ground cabinets that are more than 10% larger in height or overall volume than any other ground cabinets associated with the structure;
(4)
It entails any excavation or deployment outside the current site;
(5)
It would defeat the concealment elements of the eligible support structure; or
(6)
It does not comply with the conditions associated with the siting approval of the construction or modification of the eligible support structure or base station equipment, provided that this limitation does not apply to any modification that is noncompliant only in a manner that would not exceed the thresholds identified in Subsections (1) through (4) of this definition.
TOWER
Any structure built for the sole or primary purpose of supporting any FCC-licensed or authorized antennas and their associated facilities, including structures that are constructed for wireless communications services including, but not limited to, private, broadcast, and public safety services, as well as unlicensed wireless services and fixed wireless services such as microwave backhaul, and the associated site. This term includes towers in the municipal right-of-way.
TRANSMISSION EQUIPMENT
Equipment that facilitates transmission for any FCC licensed or authorized wireless communications service, including, but not limited to, radio transceivers, antennas, coaxial or fiber optic cable, and regular and backup power supply. The term includes equipment associated with wireless communications services including, but not limited to, private, broadcast, and public safety services, as well as unlicensed wireless services and fixed wireless services such as microwave backhaul.
C.
Application review.
(1)
Type of review. Upon receipt of an application for an eligible facilities request pursuant to this section, the Planning Board, Zoning Board or otherwise applicable municipal official shall review such application to determine whether the application qualifies.
(2)
Time frame for review. Within 60 days of the date on which an applicant submits an application seeking approval under this section, the Planning Board, Zoning Board or otherwise applicable municipal official shall approve the application unless it is determined that the application is not covered by this section.
(3)
Tolling of the time frame for review. The sixty-day review period begins to run when the application is filed, and may be tolled only by mutual agreement by the Planning Board, Zoning Board or otherwise applicable municipal official and the applicant, or in the cases where the application is deemed incomplete.
(a)
To toll the time frame for incompleteness, the Planning Board, Zoning Board or otherwise applicable municipal official must provide written notice to the applicant within 30 days of receipt of the application, specifically delineating all missing documents or information required in the application.
(b)
The time frame for review begins running again when the applicant makes a supplemental submission in response to the notice of incompleteness by the Planning Board, Zoning Board or otherwise applicable municipal official.
(c)
Following a supplemental submission, the Planning Board, Zoning Board or otherwise applicable municipal official will notify the applicant within 10 days that the supplemental submission did not provide the information identified in the original notice delineating missing information. The time frame is tolled in the case of second or subsequent notices pursuant to the procedures identified in Subsection C(3) of this subsection. Second or subsequent notices of incompleteness may not specify missing documents or information that were not delineated in the original notice of incompleteness.
(4)
Interaction with 42 U.S.C. § 332(c)(7). If the Planning Board, Zoning Board or otherwise applicable municipal official determines that the applicant's request is not covered by the Spectrum Act as delineated under this section, the presumptively reasonable time frame under 42 U.S.C. § 332(c)(7), as prescribed by the FCC, will begin to run from the issuance of decision that the application is not a covered request by the Planning Board, Zoning Board or otherwise applicable municipal official.
