Means ministerial review of an application by the City relating to the review and issuance of a permit, including review by the Construction Official, Zoning Officer, Director of Public Works, wireless consultants with knowledge beyond the expertise of City personnel, or other City staff or designees to determine whether the issuance of a permit is in conformity with the applicable provisions of this chapter. 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.

Means 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.

Means 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 City or otherwise are applicable in the jurisdiction.

Means a person who submits an application under this section.

Means a written request submitted by an Applicant to the City for a Permit (i) to locate or collocate, 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 collocated.

Means the City of Linden, 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 City or any entities that do not have zoning or permitting authority or jurisdiction. The City may hereinafter be referred to as the "City", "the City of Linden", "Linden" or "the City."

Means a pole owned, managed or operated by or on behalf of the City.

Means 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. "Collocation" 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.

Means, 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.

Means 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).

Means a City pole that is specially designed and placed for aesthetic purposes.

Means 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.

Means review of an application by the City 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 City (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.

Means an eligible facilities request as set forth in 47 C.F.R. Section 1.40001(b)(3), as may be amended from time to time.

Means the Federal Communications Commission of the United States.

Means a one-time, nonrecurring charge, whether a fixed amount or cost-based amount based on time and expense.

Means 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 C.F.R. Part 1, Appendix C) or established pursuant to state historic preservation law.

Means, collectively, any and all Federal, State, or local law, statute, common law, code, rule, regulation, order, or ordinance.

Means (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 City (and/or consistent with the same height and volume limits for Wireless facilities under this Chapter), 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 City, and by the volume limits in § 31-50.2.8, Design Standards. Modifications beyond the foregoing must be requested in writing by the applicant and are subject to discretionary approval by the City.

Means a written authorization (in electronic or hard copy format) required by the City to initiate, continue, or complete installation of a Communications Facility, or an associated support structure, pole, or tower.

Means an individual, corporation, limited liability company, partnership, association, trust, or other entity or organization, including the City.

Means 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 City 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.

Means a Communications Service Provider or a Wireless Provider.

Means 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.

Means a recurring charge.

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 City 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 collocation of a communications facility. In connection with replacement of a pole or tower to support collocation of a Wireless Facility, similarity in size and scale shall be evaluated consistent with 47 C.F.R. 1.40001 Subpart b(7).

Means 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 feet or by more than 10% of the original height, whichever is greater.

Means the State of New Jersey.

Means 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.

Means 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.

Means 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.

Means 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 collocated; or (ii) coaxial, fiberoptic 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.

Means 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 collocation, but that is not a Wireless Services provider.

Means a Wireless Infrastructure Provider or a Wireless Services Provider.

Means 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.

Means a person who provides Wireless Services.