Zoneomics Logo
search icon

Guttenberg City Zoning Code

§ 28-31.2

Definitions.

[Ord. No. 005-10 § I, 28-31.2]
a. 
Any word or term not defined herein shall be as defined in subsection 28-2.2 (Town of Guttenberg's Zoning Ordinance). Any word or term not defined herein or in subsection 28-2.2 shall be as defined in the Municipal Land Use Law, N.J.S.A. 40:55D-1 et seq., or shall be utilized in standard usage for the context in which the word is used.
b. 
Word Usage. In interpreting this section, words in one tense shall include other tenses or derivative forms; words in the singular shall include the plural and in the plural, the singular; either gender shall include the other; the word "shall" is mandatory; the word "may" is permissive.
c. 
Definitions. As used in this Section 28.31, the following words shall have the meanings as indicated:
ALTERNATIVE TOWER STRUCTURE
Shall mean and include but shall not be limited to water towers, manmade trees, clock towers, bell steeples, light poles and similar alternative design mounting structures that camouflage or conceal the presence of antennas or towers.
ANTENNA
Shall mean any exterior apparatus designed for telephonic, radio or television communications through the sending and/or receiving of electromagnetic waves, digital signals, analog signals, radio frequencies (excluding radar signals), wireless telecommunications signals or other communications signals. Parabolic dish antennas used for satellite communications shall not be included within this definition.
BACKHAUL NETWORK
Shall mean the lines that connect a provider's towers/cell sites to one or more cellular telephone switching offices and/or long distance providers or the public switched telephone network.
COLLOCATION
Shall mean when wireless telecommunications facilities for two or more wireless telecommunications carriers are placed together on the same tower, alternative tower structure or building.
FAA
Shall mean the Federal Aviation Administration.
FCC
Shall mean the Federal Communications Commission.
GOVERNING AUTHORITY
Shall mean the Mayor and Council of the Town of Guttenberg or the Town of Guttenberg.
HEIGHT
Shall mean when referring to a tower or antenna, the vertical measurement from the highest point in elevation of the tower or antenna to the average finished grade/elevation adjoining the foundation of the tower, building or structure.
MOUNT
Shall mean the surface or structure upon which antennas are mounted, including building mounted, tower mounted and structure mounted.
MUNICIPAL LAND USE LAW
Shall mean the Municipal Land Use Law, N.J.S.A. 40:55D-1 et seq.
PLANNING BOARD
Shall mean the Town of Guttenberg Joint Planning/Zoning Board whose statutory authority is defined by the Municipal Land Use Law, N.J.S.A. 40:55 D-1 et seq.
PREEXISTING TOWERS AND ANTENNAS
Shall mean any tower or antenna on which a permit has been properly issued prior to the effective date of this section. This includes permitted towers or antennas that have not yet been constructed so long as such approval is current and not expired. Any such towers or antennas shall be referred to in this section as "preexisting antennas" and "preexisting towers."
PUBLIC OFFICER
Shall mean the Zoning Official of the Town of Guttenberg.
TARGETED MARKET COVERAGE AREA
Shall mean the area that is targeted to be served by a proposed wireless telecommunications facility.
TOWER
Shall mean any structure that is designed and constructed primarily for the purpose of supporting one or more antennas, including but not limited to 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. The term includes the structure and any support thereto.
TOWER RECONSTRUCTION
Shall mean demolition and rebuilding of a tower on the same lot where the center point of the newly constructed tower is located no greater than 10 feet from the center point of the demolished tower. For the purpose of this definition, the center point of a tower shall be the geographic midpoint of the tower and all support structure as depicted in plan view.
TOWER, GUY
Shall mean a type of tower that is supported or braced through the use of cables (guy wires) which are permanently anchored.
TOWER, LATTICE
Shall mean a type of tower that is self-supporting, generally constructed of vertical metal struts and cross braces forming a structure which often tapers from the bottom to the top of the tower and is securely anchored to a foundation.
TOWER, MONOPOLE
Shall mean a type of tower that is constructed of a single self-supporting shaft of wood, steel or concrete and a platform (or racks) for panel antennas arrayed at the top.
WIRELESS TELECOMMUNICATIONS
Shall mean the transmission of information of the user's choosing, such as voice, data, text, sound and/or video, using wireless telecommunications networks, between or among points specified by the user(s), without change in the form or content of the information as sent and received.
WIRELESS TELECOMMUNICATIONS ANTENNA
Shall mean a type of antenna that is used specifically for the purpose of providing wireless telecommunications services.
WIRELESS TELECOMMUNICATIONS CARRIER
Shall mean any business establishment engaged in the offering of personal wireless telecommunications services. The term "carrier" or "provider" shall be synonymous with wireless telecommunications carrier.
WIRELESS TELECOMMUNICATIONS FACILITY
Shall mean an unstaffed or staffed facility designed for the transmission and/or reception of radio frequency (RF) signals for the purpose of providing personal wireless telecommunications services as defined in the Federal Telecommunications Act of 1996. These facilities include but are not limited to: buildings, cabinets, other structure and facilities, generating and switching stations, repeaters, antennas, transmitters, receivers, towers and all other buildings and structures linking the wireless network of RF signal devices to conventional wired and other communications systems.
WIRELESS TELECOMMUNICATIONS SERVICES
Shall mean the offering of personal wireless telecommunications, as regulated in the Federal Telecommunications Act of 1996, for a fee directly to the public, or to such classes of users as to be effectively available directly to the public. Wireless telecommunications services include those services such as cellular, personal communications services (PCS), specialized mobile radio (SMR), enhanced specialized mobile radio (ESMR), paging and similar services that currently exist or may be developed in the future.