Morris Township City Zoning Code
ARTICLE XIII
Collocation Onto Existing Towers and Base Stations
§ 95-88 Preface.
This section implements Section 6409(a) of the Middle Class Tax Relief 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.
§ 95-89 Definitions.
The following terms shall, when used in this section, have the following meanings:
A structure or equipment at a fixed location that enables FCC licensed or authorized wireless communications between users, equipment and a communications network. The term does not encompass a tower as defined herein or any equipment associated with a tower. Base station includes, without limitation:
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.
Radio transceivers, antennas, coaxial or fiber-optic cable, regular and backup power supplies, and comparable equipment, regardless of technological configuration (including distributed antennae systems or small cells).
Any structure other than a tower that, at the time of the relevant application is filed with the Planning Board or Zoning Board, supports or houses equipment described in this definition that has been reviewed and approved under the applicable zoning process, even if the structure was not built for the sole or primary purpose of providing that support.
The term does not include any structure that, at the time of application is filed with the Planning Board or Zoning Board, does not support or house equipment described in this definition.
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.
Any request for modification of an existing tower or base station that does not substantially change the physical dimension of such tower or base station, involving: collocation of new transmission equipment; removal of transmission equipment; or replacement of transmission equipment.
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 or Zoning Board.
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 or siting process.
For towers other than towers in the municipal rights-of-way, the current boundaries of the leased or owned property surrounding the tower and any access or utility easements currently related to the site, and, for other eligible support structures, further restricted to that area in proximity to the structure and to other transmission equipment already deployed on the ground.
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;
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;
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 pre-existing 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; it entails any excavation or deployment outside the current site; it would defeat the concealment elements of the eligible support structure; or 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 A, B, and C of this definition.
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.
[Amended 4-17-2019 by Ord. No. 12-19]
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.
§ 95-90 Application review.
A.
Type of review. Upon receipt of an application for an eligible facilities request pursuant to this section, the Planning Board or Zoning Board shall review such application to determine whether the application qualifies.
B.
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 or Zoning Board shall approve the application unless it is determined that the application is not covered by this section.
C.
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 or Zoning Board, or in the cases where the application is deemed incomplete.
D.
To toll the time frame for incompleteness, the Planning Board or Zoning Board 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.
E.
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 or Zoning Board.
F.
Following a supplemental submission, the Planning Board or Zoning Board 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 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.
G.
Interaction with 42 U.S.C. 332(c)(7).[1] If the Planning Board or Zoning Board 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 or Zoning Board.
[1]
Editor's Note: So in original.