Definitions.
ANTENNA
Any system of wires, rods, discs, panels, flat panels, dishes, whips, or other similar devices used for the transmission or reception of wireless signals. An antenna may include an omnidirectional antenna (rod or canister), directional antenna (panel), parabolic antenna (disc), or any other wireless antenna. An antenna shall not include tower-based wireless communications facilities defined below.
BACKHAUL NETWORK
The lines that connect a wireless provider's or facility developer's towers and cell sites to one or more cellular telephone switching offices and/or long-distance providers or the public switched telephone network.
BASE STATION
A structure or equipment at a fixed location that enables FCC-licensed or authorized wireless communications between user 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, the following.
(1)
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 a backhaul network.
(2)
Radio transceivers, antennas, coaxial or fiber-optic cable, regular and backup power supplies, and comparable equipment, regardless of technological configuration (including DAS and small-cell networks).
(3)
Any structure other than a tower that, at the time the relevant application is filed under this section, supports or houses equipment described in Subsections (1) and (2) which has been reviewed and approved under the applicable zoning or siting process, or under another state or local regulatory review process, even if the structure was not built for the sole or primary purpose of providing that support.
CABINET
A small box-like, rectangular, oval, or other geometric-shape structure used to facilitate utility or wireless communications facilities.
COLLOCATION
The act of siting a wireless communications facility on an existing structure without the need to construct a new wireless communications support structure and without a substantial increase in the size of an existing structure. The mounting of one or more wireless communications facilities, including antennas, on an existing tower-based wireless communications facility and/or wireless support structure for the purpose of transmitting and/or receiving radio and digital frequency signals for communications purposes. To be confirmed as collocation, an applicant must demonstrate that it qualifies as collocation in accordance with federal and state law, including, but not limited to, N.J.S.A. 40:55D-46.2. The siting of small wireless facilities and DAS on existing utility poles in the ROW shall be considered collocation.
COVERAGE GAP
The need for additional capacity because of inadequate present capacity or service, dead spots, and inability to place a call.
DEAD SPOT
Small areas within a service area where the field of strength is lower than the minimum level for reliable service or inadequate capacity exists as determined by expert testimony in accordance with industry standards.
DISTRIBUTED ANTENNA SYSTEM or DAS
Network of spatially separated antenna sites connected to a common source that provides wireless service within a geographic area or structure. DAS antenna elevations are generally at or below the clutter level and node installations are compact.
FCC
Federal Communications Commission.
GROUND-LEVEL CABINET
A cabinet that is not attached to an existing utility pole or tower and is touching or directly supported by the ground.
MONOPOLE
A wireless communications facility or site which consists of a single pole structure, designed and erected on the ground or on top of a structure to support communications antennas and connecting appurtenances.
NON-TOWER WIRELESS COMMUNICATIONS FACILITY
All non-tower wireless communications facilities, including, but not limited to, antennas and related equipment.
PREEXISTING WIRELESS SUPPORT STRUCTURES
Any tower, antenna, and/or other wireless communications support structure that has a construction permit or land use approval prior to the effective date of this section and including, but not limited to, any tower, antenna, and/or wireless communications support structure on property owned, leased, or otherwise controlled by the Township.
RIGHT-OF-WAY or ROW
The surface of and space above and below any real property in the Township in which the Township, County of Monmouth, and/or State of New Jersey has a regulatory interest, or interest as a trustee for the public, as such interests now or hereafter exist, including, but not limited to, all streets, highways, avenues, roads, alleys, sidewalks, tunnels, viaducts, bridges, skyways, or any other public place, area, or property under the control of the Township, County of Monmouth, and/or State of New Jersey, and any unrestricted public or utility easements established, dedicated, platted, improved, or devoted for utility purposes, but excluding lands relating to other than streets that are owned by the Township, County of Monmouth, and/or State of New Jersey. The phrase "in the right(s)-of-way" and means in, on, over, along, above, and/or under the right(s)-of-way.
SATELLITE DISH
Any apparatus with a flat or parabolic surface which is designed for the purpose of receiving television, radio, microwave, satellite, or similar electronic signals.
SMALL WIRELESS FACILITY
(1)
A wireless facility mounted on structures 40 feet or less in height and which meets both of the following qualifications:
(a)
Each antenna associated with the deployment, excluding associated antenna equipment, is no more than three cubic feet in volume; and
(b)
All other wireless equipment associated with the small wireless facility, whether ground- or pole-mounted, is cumulatively no more than 28 cubic feet in volume.
(2)
Small wireless facilities include DAS.
SMALL WIRELESS FACILITY POLE
A pole substantially similar to a utility pole and subject to the same laws and regulations governing utility poles which provides for the siting of small wireless facilities in the ROW.
STEALTH TECHNOLOGY
Camouflaging methods applied to wireless communications towers, antennas, and other related facilities which render them more visually appealing, or blend the proposed facilities into the existing structure or visual backdrop in such a manner as to render them minimally visible to the casual observer. Such methods include, but are not limited to, architecturally screened roof-mounted antennas, building-mounted antennas painted to match the existing structure, and facilities constructed to resemble trees, shrubs, flag poles, utility poles, and light poles.
SUBSTANTIAL CHANGE
A modification substantially changes the physical dimension of a wireless communications support structure and/or base station if it meets any of the following criteria:
(1)
Increase in height. An increase in the height of a wireless communications support structure constitutes a substantial change for structures outside the ROW if the proposed increase in height is more than 20 feet or 10%, whichever is greater. All wireless communications support structures in the ROW, including small wireless facility poles and utility poles, shall be limited to a maximum of 40 feet in height. Any change to the increase in height for any wireless communications support structures in the ROW that increase the height to a total less than the maximum of 40 feet shall not constitute a substantial change.
(2)
Increase in width. An increase in the width of a tower constitutes a substantial change for towers outside the ROW if the increase protrudes from the edge of the tower more than 20 feet or more than the width of the tower structure at the level of the new appurtenance. All changes to the width of small wireless facilities that comply with the applicable regulations shall be deemed nonsubstantial.
(3)
Increase in equipment cabinets. The addition of equipment cabinets constitutes a substantial change if it involves installation of more than the standard number of new equipment cabinets for the technology involved or more than four cabinets, whichever is less.
(4)
Excavation or deployment outside current site. Excavation or deployment of equipment outside the current site of the tower or base station constitutes a substantial change when required for a proposed collocation.
(5)
Defeat of existing concealment elements. If existing concealment elements of the tower or base station would be defeated by the proposed collocation, the proposed collocation constitutes a substantial change. For example, if the proposed collocation would result in an extension of a camouflaged tree tower which would result in the tower no longer looking like a tree, the proposed collocation would constitute a substantial change of the tree tower.
(6)
Failure to comply with prior conditions. A substantial change occurs if the proposed collocation fails to comply with conditions associated with the prior approval of the tower or base station, unless such noncompliance is due to an increase in height, increase in width, addition of cabinets, or new excavation that does not exceed the corresponding substantial-change thresholds described above.
(7)
The collocation of small wireless facilities on existing utility poles in the ROW and the replacement of existing, approved utility poles pursuant to the applicable law in the ROW shall not be considered a substantial change.
(8)
No changes that exceed the scope of the applicable regulations shall be permitted, whether substantial or nonsubstantial.
TOWER
Any structure that is designed and constructed primarily for the purpose of supporting one or more antennas for telephone, radio, and similar wireless telecommunication purposes, including self-supporting lattice towers or monopole towers. The term shall also include radio and television transmission towers, microwave towers, common-carrier towers, cellular telephone towers, alternative tower structures, monopoles, and the like. The term includes the structure of the tower along with any support thereto.
TOWER-BASED WIRELESS COMMUNICATIONS FACILITY
Any structure that is used for the purpose of supporting one or more antennas, including, but not limited to, self-supporting lattice towers, guy towers, and monopoles. DAS hub facilities are considered to be tower-based wireless communications facilities.
UTILITY POLE
Any telephone pole, public utility pole, electric pole, or any other pole providing for the maintenance of wires for the distribution of electricity, telephone signals, telegraph signals, and/or television signals.
WIRELESS
Transmissions through the airwaves including, but not limited to, infrared line of sight, cellular, PCS, microwave, satellite, or radio signals.
WIRELESS COMMUNICATIONS and COMMUNICATIONS SERVICE
Any personal wireless services as defined in the Telecommunications Act of 1996 ("TCA"), which includes FCC-licensed commercial wireless telecommunications services, including, but not limited to, all FCC-licensed backhaul network and other wireless services, broadcast, cellular, personal communication services, specialized mobile radio, enhanced specialized mobile radio, paging, and similar services that exist or that may be developed in the future.
WIRELESS COMMUNICATIONS EQUIPMENT
The set of equipment and network components used in the provision of wireless communications services, including, but not limited to, antennas, transmitters, receivers, base stations, equipment shelters, cabinets, emergency generators, power supply cabling, and coaxial and fiber optic cable, but excluding wireless communications support structures.
WIRELESS COMMUNICATIONS FACILITY
The antennas, nodes, DAS, control boxes, towers, poles, conduits, ducts, pedestals, electronics, base station, small wireless facility, tower, wireless communications support structure, and other equipment used for the purposes of transmitting, receiving, distributing, providing, or accommodating wireless communications services.
WIRELESS COMMUNICATIONS SUPPORT STRUCTURE
A structure that is designed to support, or is capable of supporting, wireless communications facilities and equipment, including, but not limited to, a tower, water tower, or utility pole.