[Added 6-7-2017 by Ord.
No. 2017-05]
As used in this article, the following terms shall have the
meanings indicated:
"Small cells," which are low-powered wireless base stations
that function like traditional cell sites in a mobile wireless network
but typically cover targeted indoor or localized outdoor areas;
"DAS" or "distributed antenna systems," which use numerous antennas,
commonly known as "nodes," similar in size to small cells and are
connected to and controlled by a central hub; and
Other similar facilities, systems or devices designed to facilitate
a mobile wireless network within a localized area and to be attached
to a support structure within public ways or on private property.
Any light pole, utility pole, building wall, rooftop or other
structure upon which a small wireless facility is attached.
A.
Any person desiring to install a small wireless facility, including
any support structure, in, upon or over any Town sidewalk or public
way shall first obtain a permit from the Council in accordance with
this article. Applicants for small wireless facilities to be located
on a new support structure in, upon or over a Town sidewalk or public
way shall not be issued a permit until and unless the applicant and
the Town have negotiated and executed a franchise agreement setting
forth the terms and conditions for the applicant's use of the Town's
sidewalks and/or public ways, including fair compensation to the Town
for such use and, if applicable, lease payments for the use of any
Town-owned support structures.
B.
In addition to the other information required by this article, an
applicant for a permit hereunder shall provide the following information:
(1)
A technical description of the small wireless facility and support
structure along with detailed diagrams accurately depicting all components
and equipment;
(2)
A detailed description of the design, location and installation time
frame for the small wireless facility and support structure;
(3)
An engineering certification;
(4)
A statement describing the applicant's intentions with respect to
co-location;
(5)
A statement demonstrating the applicant's ability to comply with
all applicable safety standards;
(6)
In the case of a proposed attachment to a Town-owned support structure
located in, upon or over a Town sidewalk or public way, an executed
attachment agreement with the Town;
(7)
In the case of a proposed attachment to a privately owned support
structure located in, upon or over a Town sidewalk or public way,
an executed attachment agreement with the support structure's owner;
and
(8)
Such other information as the Council may require.
C.
The applicant shall pay an application fee to the Town upon applying
to install a small wireless facility in accordance with this article,
in addition to any other fees required by any other provision of the
Code of the Town of Rock Hall, and in an amount to be specified and
amended from time to time by resolution of the Council.
Small wireless facilities and support structures proposed to
be located in, upon or over Town sidewalks or public ways shall meet
the following requirements:
A.
Small wireless facilities shall only be installed on existing support
structures, preferably light poles or utility poles, unless otherwise
approved by the Council, in its sole discretion.
B.
Any new or replacement support structure installed in, upon or over
any Town sidewalk or public way shall:
(1)
Comply with all applicable structural and safety standards;
(2)
Not obstruct pedestrian or vehicular flow or sight lines;
(3)
Not exceed the average height of the existing street light poles
or utility poles within the area extending 500 feet in any direction
from the proposed structure;
(4)
Be designed to accommodate the co-location of at least one other
wireless provider's small wireless facility, to the extent technologically
feasible;
(5)
If metal, be treated or painted with nonreflective paint and in a
way to conform to or blend in with the surroundings; and
(6)
Comply with such other requirements and conditions as the Council
may deem appropriate to impose.
C.
Small wireless facilities and support structures shall be located,
designed and operated in accordance with all applicable laws and regulations
and to minimize visual impact on surrounding properties and from sidewalks
and public ways and shall otherwise comply with such requirements
and conditions as the Council may deem appropriate to impose.
D.
The proposed location shall not be in an area where there is an overconcentration
of small wireless facilities or support structures in, upon or over
the Town sidewalks or public ways.
E.
The location selected and the scale and appearance of the small wireless
facility and support structure to be installed shall be consistent
with the general character of the neighborhood.
F.
The applicant shall provide insurance, bonding and indemnification,
in a form and amount acceptable to the Council, to protect the Town
and its officials and residents from injury or liability relating
to or arising from the proposed small wireless facility and support
structure.
G.
For small wireless facilities to be located on a new support structure
in, upon or over a Town sidewalk or public way, the applicant has
entered into a franchise agreement with the Town as required by this
article.
H.
The small wireless facility, if located in a residential area, does
not generate any noise.
The Council shall not issue any permit for a small wireless
facility when, in its sole judgment, sufficient capacity no longer
exists for additional small wireless facilities to be placed in the
proposed location without jeopardizing the physical integrity of other
small wireless facilities, support structures or other utilities already
present in the proposed location or the safe and efficient vehicular
or pedestrian use of the sidewalk or public way.
Nothing in this article shall affect or limit the Town's right
to charge a separate fee for access to or for the use of Town property,
facilities or public ways. Any permit granted pursuant to this article
shall be in addition to and not in lieu of any other fee, rent, lease,
license or franchise required to occupy or place facilities in or
on Town property, facilities or public ways.
