[Amended 11-6-2017 by Ord. No. 17-19]
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,[1] 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.
[1]
Editor's Note: See 47 U.S.C. § 609 et seq.
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 Revised General Ordinances of the Township of Clark.
[Amended 3-18-2019 by Ord. No. 19-08]
C.
PWTEFs and 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:
[Amended 3-18-2019 by Ord. No. 19-08]
(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.
As used in this article, the following terms shall have the
meanings indicated:
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.
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.
A structure other than a telecommunications tower which is
attached to a building and on which one or more antennas are located.
An antenna, other than a satellite dish antenna, used exclusively
to receive radio, television programming or any other electromagnetic
signal.
An antenna with a reflective surface used to receive and/or
transmit radio or electromagnetic waves from an orbiting satellite.
A stationary transmitter that provides radio telecommunications
service to mobile and/or fixed receivers, including those associated
with mobile stations.
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.
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.[1]
The Federal Aviation Administration.
The Federal Communications Commission.
The governing body of the Township of Clark.
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.
Any freestanding pole greater than 25 feet in height upon
which an antenna or antennas may be located.
Definition set forth at § 310-33 of the Revised General Ordinances of the Township of Clark.
[Amended 3-18-2019 by Ord. No. 19-08]
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."
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.
[Amended 3-18-2019 by Ord. No. 19-08]
Facilities for the provision of wireless communications services,
including, but not limited to, antennas, antenna support structure,
telecommunications towers, and related facilities other than PWTEF's.
[Amended 3-18-2019 by Ord. No. 19-08]
The meaning set forth in § 195-163D below.
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.[2]
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.
Equipment, other than customer premises equipment, used by
a carrier to provide telecommunications services, including software
integral to such equipment (including upgrades).
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.
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.
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.[3]
Any personal wireless services as defined in the Federal
Telecommunications Act of 1996[4] (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.[5]
[1]
Editor’s Note: The former definition of “Existing
pole,” which immediately followed, was repealed 3-18-2019 by
Ord. No. 19-08.
[2]
Editor’s Note: Former § 195-168, Placement of small
cell equipment and wireless poles in municipal right-of-way, was repealed
3-18-2019 by Ord. No. 19-02.
[3]
Editor’s Note: The former definition of “Utility
pole,” which immediately followed, was repealed 3-18-2019 by
Ord. No. 19-08.
[4]
Editor's Note: See 47 U.S.C. § 609 et seq.
[5]
Editor’s Note: The former definition of “Wireless
pole,” which immediately followed, was repealed 3-18-2019 by
Ord. No. 19-08.
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.
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.
(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.
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).
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
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.
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.
[1]
Editor’s Note: Former § 195-168, Placement of small
cell equipment and wireless poles in municipal right-of-way, was repealed
3-18-2019 by Ord. No. 19-02.
[Amended 3-18-2019 by Ord. No. 19-08]
A.
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.
B.
BASE STATION
(1)
(a)
(b)
(c)
(d)
(2)
CO-LOCATION
ELIGIBLE FACILITIES REQUEST
ELIGIBLE SUPPORT STRUCTURE
EXISTING
SUBSTANTIAL CHANGE
(1)
(2)
(3)
(4)
(5)
(6)
TOWER
TRANSMISSION EQUIPMENT
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 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:
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.
Small cell equipment located within the municipal right-of-way.
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.
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
or such tower or base station, involving:
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.
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.
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 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;
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 (1) through (4) 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.
This term includes towers in the municipal right-of-way.
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)
Timeframe 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 timeframe 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 timeframe 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 timeframe 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 timeframe 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 timeframe
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.
