[Amended 8-11-2003 by Ord. No. 705; 12-6-2007 by Ord. No. 773; 11-24-2008 by Ord. No. 791; 8-22-2016 by Ord. No. 868]
It shall be unlawful for any person to dig up, underbore, install any facilities or structure, or otherwise occupy any area within, above or below any part of the public streets, sidewalks or other rights-of-way or public places of the City for the purpose of putting down, laying or installing gas or water pipes, cellar or other drains, fiber optic conduit or cabling, wireless facilities or support structures, or any other utility or communications facilities, without first having applied for and obtained a permit from the Public Works Director for that purpose. Any such person shall pay to the City a permit fee in the amount provided in the General Fee Ordinance.[1] Nothing in this article shall affect or limit the City's right to charge a separate fee for access to or the use of City-owned property or facilities.
[1]
Editor's Note: See Ch. A175, Fees, Art. I, General Fees.
Any permit granted pursuant to this article shall be in addition to, and not in lieu of, any fee, rent, lease, license or franchise required to occupy, or place facilities on or to attach to, City property, facilities or rights-of-way.
An applicant for a permit under this article shall provide information specified by the Director, demonstrating the intended scope of the installation and the expected placement of facilities addressed under this article.
Each holder of a permit issued pursuant to this article shall, within the period of time specified in such permit or, if no time limit is specified therein, within 10 days after completion of the work authorized by the permit, adequately refill with the same type of material as had been removed or with other materials approved by the Public Works Director, without disturbing or damaging existing City infrastructure, and restore the surface of the place so excavated to as good condition as it was before such excavation was made, and upon failure to do so within the time required, such person shall be guilty of a municipal infraction subject to a fine of $1,000.
A. 
Prior to the issuance of any permit required by this article, the Public Works Director may require the applicant to give bond with corporate surety, payable to the City, in such amount as may be considered by the Public Works Director to be adequate to cover the costs and expenses of filling the authorized excavation and restoration of the surface of the place excavated to as good condition as it was prior to the excavation and conditioned upon the applicant's compliance with § 139-27.1, but in lieu of such bond, a cash deposit with the City Treasurer for such purpose shall be acceptable.
B. 
Notwithstanding the provisions of Subsection A of this section, in the case of any application to excavate, underbore or otherwise disturb any City street, sidewalk or right-of-way in which any City-owned utilities, fiber, or conduit are located, the applicant shall post a bond in the amount of 110% of the cost of the work that is the subject of the permit to repair any direct, indirect, or incidental damage to City facilities or infrastructure, to fill any excavation, and to restore the surface of the disturbed area. The posting of such bond shall not excuse the permit holder from liability for the entire cost of any such necessary repairs or restoration and shall be in addition to permit fee imposed by the City pursuant to § 139-25 of this article.
From the time any installation or excavation is begun pursuant to a permit required by this article until completion of the work and restoration of the area where the installation or excavation took place, the permit holder shall be responsible for the installation and maintenance of adequate safeguards to protect persons, animals and property from the dangers directly or indirectly arising from all work done with respect to such installation or excavation, and the following safeguards, among others, which may be necessary or appropriate, shall be mandatory: warning signs, adequate illumination at night and during other periods of darkness or poor visibility and enclosure of the place of excavation or installation by barricades, rope or other suitable fixtures.
A. 
The installation of wireless facilities and support structures in the City rights-of-way shall require a permit under this article. No permit shall be issued with respect to the installation of wireless facilities and support structures in or on any City street, sidewalk, or right-of-way unless and until the permit applicant and the City parties have negotiated and executed a franchise or right-of-way use agreement setting forth the terms and conditions, including providing for fair compensation to the City for the applicant's use of its rights-of-way, and where applicable, lease payments for the use of any City-owned poles or facilities.
B. 
An applicant for such a permit shall submit the following information pertaining to particular sites or a proposed deployment:
(1) 
A technical description of the proposed facilities, along with detailed diagrams accurately depicting all proposed facilities and support structures;
(2) 
A detailed deployment plan describing construction planned for the twelve-month period following the permit, and a description of the completed deployment;
(3) 
An engineering certification relating to the proposed construction;
(4) 
A statement relating to co-location;
(5) 
A statement demonstrating the permittee's duty to comply with applicable safety standards for the proposed activities in the City rights-of-way;
(6) 
In the case of a proposed attachment to a City-owned facility located in the City rights-of-way, an executed attachment agreement with the City;
(7) 
In the case of a proposed attachment to an investor-owned utility pole in the rights-of-way, proof of the existence of an executed attachment agreement with the utility pole owner, setting forth, at a minimum, the title, date and term of the agreement and signed by the pole owner or authorized representative thereof; and
(8) 
Such other information as the Director may require.
A. 
Wireless facilities and support structures proposed to be located on City streets, sidewalks or other rights-of-way shall meet the following requirements:
(1) 
Absent a special finding by the Director, wireless facilities may only be installed on existing utility poles or light poles, and only entities certificated by the Maryland Public Service Commission pursuant to the Annotated Code of Maryland, Public Services and Utilities, Division I, Title 7 or Title 8,[1] may erect new poles in the City's rights-of-way.
[1]
Editor's Note: See §§ 7-101 et seq. and 8-101 et seq. of the Public Utilities Article of the Annotated Code of Maryland.
(2) 
Any new pole installed in City rights-of-way to support wireless facilities shall:
(a) 
Comply with all structural and safety standards specified by the Director;
(b) 
Not obstruct pedestrian or vehicular traffic flow or sight lines;
(c) 
Not exceed 60 feet in height;
(d) 
Shall be designed to accommodate the co-location of at least three different wireless providers' antennas and related equipment;
(e) 
If metal, be treated or painted with nonreflective paint, and in a way to conform to or blend into the surroundings; and
(f) 
Comply with such other requirements and conditions as the Director may conclude are appropriate to impose.
(3) 
Any wireless facilities installed on a pole or any other structure in the rights-of-way shall:
(a) 
Have an equipment box or boxes no greater in collective size than 24 cubic feet in volume, provided that neither the width nor the depth of any box may exceed two linear feet;
(b) 
Have panel antennas no greater than two feet in height, and omni/dome antennas no more than four feet in height, and no wider than the 16 inches in diameter;
(c) 
Have no more than three panel antennas per pole, and no more than one omni/dome antenna per pole;
(d) 
Have microwave dishes no greater than two feet in diameter, with no more than three microwave dishes per pole;
(e) 
Be treated or painted with nonreflective paint, and in a way to conform to or blend into the pole or the surroundings; and
(f) 
Comply with such other requirements and conditions as the Director may conclude are appropriate to impose.
B. 
Wireless facilities and support structures proposed to be located on City streets, sidewalks or other rights-of-way may be permitted upon a finding by the Director that:
(1) 
The application complies with all standards and requirements set forth in Subsection A;
(2) 
The location selected in the application is not in an area where there is an overconcentration of poles or other facilities in, on or over the streets, sidewalks or other rights-of-way; and
(3) 
The location selected, and scale and appearance of the wireless facilities and support structures to be installed, are consistent with the principles and goals of Chapter 164 of the Code.
A. 
No City permit shall be 139-29 required under this article to excavate any portion of a street that is a part of the state highway system and for which a state permit is required under the provisions of the Annotated Code of Maryland, Transportation, § 8-646 (2015).[1]
[1]
Editor's Note: See § 8-646 of the Transportation Article of the Annotated Code of Maryland.
B. 
No permit shall be issued with respect to any City street, sidewalk, or right-of-way where, in the judgment of the Public Works Director, sufficient capacity no longer exists for additional facilities to be placed in the proposed location without jeopardizing the physical integrity of utilities or other facilities already present in the proposed location or the safe and efficient vehicular or pedestrian use of the street, sidewalk, or right-of-way.