[HISTORY: Adopted by the Mayor and Town Council of the Town
of Edmonston 2-10-1997 by Ord.
No. 96-002 (Ch. 41 of the 1997 Code). Amendments
noted where applicable.]
No person, without the written authority of the Mayor and Town
Council, shall change the grade of any parking, or pave or cover any
portion thereof, or construct any walls, steps, coping, fences or
other structures thereon, and every day such changing of grade, paving
or covering thereof, or said walls, steps, coping, fencing or other
structures thereon, shall remain or continue shall constitute and
be a separate offense.
It shall be unlawful for any person to operate over or park
upon any of the improved streets, roads, highways or curbs within
the limits of the Town of Edmonston any vehicle so constructed or
equipped as to cause any unusual amount of damage to streets, roads,
highways or curbs, or to operate over or park upon such streets, roads,
highways or curbs any wagon, truck, road engine, traction engine or
other vehicle equipped with metal tires or treads, having upon the
wheels any clamps, spikes, ribs or other devices which may cut into
or injure the road surface or curbs, or to operate over or park upon
such highways any wagon or vehicle of any kind equipped with a rough
lock or similar device under one or more of the wheels or treads thereof
in such manner as to cut into or injure the road surface or curbs.
No person shall tunnel under the roadway or any street or sidewalk
or the surface of any improved street or alley without special permission
from the Mayor and Town Council of Edmonston.
It shall be unlawful within the corporate limits of the Town
of Edmonston for any person or corporation to construct any driveway
from a public street or alley to the property of such person or corporation
over any sidewalk of the Town of Edmonston, except upon plans submitted
to the Mayor and Town Council and approved by them, or submitted to
and approved by any agent or officer of the Town duly appointed for
that purpose by the Mayor and Town Council.
It shall be unlawful for any electric light company, telephone
company or telegraph company to erect any poles or relocate any poles
within the Town of Edmonston without first obtaining a permit for
that purpose from the Mayor and Town Council. Such permit shall show
the location of such pole and may refer to a stake previously placed
to identify the location. All such permits shall be issued without
charge.
A.
CLOSING OR CLOSURE
RELOCATION
Definitions. Words and phrases used in this section shall have their
usual meanings, except words and phrases defined below:
Permanently prohibiting motorized vehicles from using or
from having access to or from a public road within the Town of Edmonston.
"Closing" does not include prohibiting use of a portion of a roadway
if motorized vehicles can continue to use or have access to or from
the remainder of the roadway.
Any permanent improvement or permanent alteration to a public
road within the Town of Edmonston where a part or all of the new public
road does not overlap or is not contiguous with the previously existing
public road.
B.
Authority to close roads.
(1)
No road within the Town of Edmonston may be closed or relocated unless
the Mayor and Town Council have approved the closing or relocation.
(2)
When the closing of a road is in connection with the construction
of a new road and users of the road or a portion of the road to be
closed will not be denied access to any property or area which was
previously accessible, the Mayor and Town Council may authorize the
closing without public hearing, upon the certification of such facts
as to access by the developer and upon the submission of any other
documentation requested by the Mayor and Town Council, including but
not limited to copies of plans or studies required by and approved
by Prince George's County, Maryland.
(3)
Where the closing of the road will deny access to public users to
areas or properties accessible from the road to be closed or will
take from an abutting property owner the only direct access to a public
road, the Mayor and Town Council shall first hold a public hearing.
The purpose of the hearing shall be to take testimony to determine
that reasonable or alternative means of access exist to property formerly
accessible by the road to be closed and that the road is no longer
needed as a public way. Each property owner as shown on the assessment
books of the Town of Edmonston and/or Prince George's County
abutting a portion of the road to be closed shall be notified, in
writing, of the closing and of the date, time and place a hearing
will be held. In addition thereto, a notice shall be posted in such
manner and size to give reasonable notice to the users of the road
of the intended closing and time and place of hearing. Notification
is the responsibility of the Mayor and Town Council.
(4)
This chapter shall have no effect on roads which are under the jurisdiction
of Prince George's County or the State of Maryland.
C.
Effect of closing. A closing of a road shall constitute the termination
of the general public's right to use the right-of-way but shall
have no effect on private rights of ownership or easements in the
roadway.
D.
Barricades. Upon a road closing, the Mayor and Town Council may cause
the road to be barricaded in such a manner as will not deny individual
property rights.
E.
Prohibited acts. No person shall drive any vehicle across or over
any public road in the Town of Edmonston at which there is any barrier,
sign, lantern or flare or authorized person indicating that the road
is closed.
F.
Abandonment of subdivision. This chapter shall have no effect on
the procedure for abandonment of a subdivision.
G.
Procedure for initiating a road closing.
(1)
A road closing may be initiated as follows:
(a)
By petition. An individual, group of individuals, corporation, partnership or association may initiate the closing or relocation of a road within the Town of Edmonston by petitioning the Mayor and Town Council to introduce an ordinance approving the closing or relocation. The petitioner shall supply the information required in Subsection G(2) below with the petition.
(b)
The Mayor and Town Council may initiate the closing or relocation
of a road when it is deemed to be in the best interest of the Town
of Edmonston.
(2)
Information to be provided. The following information shall be supplied
in order to prepare an ordinance to close or relocate a road:
(a)
A detailed description of the road to be closed or relocated.
(b)
A certified plan signed and sealed by a professional land surveyor
or property line surveyor particularly describing the road to be closed
or relocated.
(c)
Identification of ownership of the roadbed and rights-of-way,
including any easements which may exist.
(d)
A plan for changes to traffic control which may result from
the proposed closing or relocation.
(e)
Any additional information which may be required by the Mayor
and Town Council.
(3)
Fees. An individual, group of individuals, corporation, partnership
or association initiating a road closing or relocation shall pay fees
which have been set by the Mayor and Town Council. These fees shall
be set by the Mayor and Town Council so as to cover the costs associated
with the road-closing petition, including but not limited to the costs
of advertising the proposed closing, notifying persons whose property
adjoins the road and posting the road.
H.
Review and recommendation. The Mayor and Town Council shall review
petitions for a road closing or relocation. The Mayor and Town Council
shall consider the effect which a closing or relocation will have
on zoning, police, fire or rescue services, public safety, traffic
and public convenience. The Mayor and Town Council may request assistance
and/or recommendations from appropriate Town, county or state agencies
in its review.
I.
Ownership of roadbed.
(1)
Approval of a road closing or relocation does not affect the legal
ownership of the roadbed, rights-of-way or any easements.
(2)
Upon a road closing or relocation, fee ownership of the roadbed,
rights-of-way or easement shall thereafter belong solely to the abutting
property owners whose ownership was subject to the public easement
right to use the road prior to the road closing or relocation.
(3)
If the Town of Edmonston is the owner of the roadbed, rights-of-way
or easement and the Mayor and Town Council determines it to be in
the best interest of the Town of Edmonston to sell or otherwise transfer
the roadbed, rights-of-way or easement of a closed or relocated road,
the Mayor and Town Council may provide for such sale, lease, transfer
or other disposition by resolution.
It shall be unlawful for any person to remove, tamper, damage
or destroy any barrier, barricade, lantern or flare or sign indicating
that a street is closed.
It shall be unlawful for any person to interfere in any manner
with any improvement, any construction repairs or maintenance on any
street, highway or property of the Town of Edmonston.
No developer of any subdivision, property owner or any other
person shall grade, repair, construct or improve any street, alley
or public highway or any part thereof within the corporate limits
of the Town of Edmonston without first obtaining permission from the
Mayor and Town Council to perform such work. Any work of the nature
and description herein outlined shall, after a permit from the Mayor
and Town Council is obtained, be performed strictly in accordance
with the established standards and specifications supplied by the
Engineer for the Town of Edmonston and shall also be strictly in accordance
with such standards as may be heretofore or hereafter established
by the county.
It shall be unlawful for any person to place or leave any merchandise
or other article upon any street or sidewalk in the Town so as to
interfere with the full and free use of any part of such street or
sidewalk by the public, except temporarily while in the course of
delivery or removal when it is reasonably necessary.
It shall be unlawful for any person to wash any car or other
vehicle in any manner that constitutes a nuisance (i.e., obstruction
of the roadway) on the public streets of the Town of Edmonston or
on the public right-of-way of such street or sidewalk.
A.
Any person who shall violate § 405-7 of this chapter shall, upon conviction, be deemed guilty of a misdemeanor and subject to a fine of $500 and up to six months in jail.
B.
Any person violating any other section of this chapter shall, upon
conviction, be deemed guilty of a municipal infraction, subject to
a fine of $100.
[Amended 5-11-2009 by Ord. No. 2009-O-013]
[Added 3-13-2019 by Ord.
No. 2019-OR-01[1]]
A.
In general. Unless exempted, every person who desires to place a
small wireless telecommunications facility in Town rights-of-way,
to include deployment of personal wireless service infrastructure,
or modify an existing wireless telecommunications facility, including
without limitation for the: 1) collocation of a small wireless facility;
2) attachment of a small wireless facility to a pole owned by an authority;
3) installation of a pole; 4) modification of a small wireless facility
or a pole, must obtain a wireless placement permit authorizing the
placement or modification.
B.
Exemptions. The following are exempted from the requirements of this
chapter:
(1)
The placement or modification of wireless telecommunications facilities
on supporting structures owned, or under the control of, the Town,
the use of which is subject to a contract for use of the facility
between the Town and the entity or entities that own or control the
wireless telecommunications facility.
(2)
The placement or modification of wireless facilities by the Town
or by any other agency of the state solely for public safety purposes.
(3)
Modifications to an existing wireless telecommunications facility
that make no material change to the footprint of a facility or to
the surface or subsurface of a public street if the activity does
not disrupt or impede traffic in the traveled portion of a street,
and if the work activity does not change the visual or audible characteristics
of the wireless telecommunications facility. The Town, by regulation,
may also exempt wireless telecommunications facilities that otherwise
are subject to the provisions of this section from the obligation
to obtain a permit to install or modify a wireless telecommunications
facility where it is determined that because of the physical characteristics
of the proposed facilities, and the work associated with them, such
a permit is not required to protect the public health, welfare or
safety, to maintain the character of a neighborhood or corridor, or
to otherwise serve the purposes of this chapter.
(4)
Installation of a mobile cell facility or a similar structure for
a temporary period in connection with an emergency or event, but no
longer than required for the emergency or event, provided that installation
does not involve excavation, movement or removal of existing facilities,
and that at least 30 days' prior written notification is provided
to the Town, and consent for placement is granted.
C.
Other applicable requirements. In addition to the wireless telecommunications
permit required herein, the placement of a wireless telecommunications
facility in the public rights-of-way requires the persons who will
own or control those facilities to obtain the franchises, license
agreements and permits required by applicable law, and to comply with
applicable law, including, but not limited to, applicable law governing
radio frequency (RF) emissions. Nothing in this chapter precludes
the Town from applying its generally applicable health, safety, and
welfare regulations when granting consent for a small cell facility
or wireless support structure in the Town's right-of-way.
D.
Public use. Except as otherwise provided by Maryland law, any use
of the right-of-way authorized pursuant to this chapter will be subordinate
to the Town's use and use by the public.
Terms used in this article shall have the following meanings:
An apparatus designed to emit radio frequency (RF) and operate
from a fixed location to provide wireless services.
Equipment, switches, wiring, cabling, power sources, shelters
or cabinets associated with an antenna, located at the same fixed
location as the antenna, and, when collocated on a structure, is mounted
or installed at the same time as such antenna.
Uniform building, fire, safety, electrical, plumbing, or
mechanical codes adopted by a recognized national code organization
to the extent that such codes have been adopted by the Town, including
any amendments adopted by the Town, or otherwise are applicable in
the jurisdiction. The term includes the regulations of the Federal
Communications Commission and the Occupational Safety and Health Administration
as well as any local standards or regulations governing the use of
rights-of-way.
A person filing an application for placement or modification
of a wireless telecommunications facility in the rights-of-way.
A formal request, including all required and requested documentation
and information submitted by an applicant to the Town for a wireless
placement permit.
The term shall have the same meaning as in 47 CFR 1.40001.
A document that is required from and issued by the Town confirming
that all work described in the application, as approved:
Was properly permitted, including, without limitation, all required
permits for building, electrical work, street or curb cutting, and
excavation;
Was done in compliance with and in fulfillment of all conditions
of all permits, including all stated deadlines;
Was fully constructed and/or placed as approved and permitted;
and
Was finally inspected by the Town, and was approved by the Town
after said final inspection.
To install or mount a small wireless facility in the public
right-of-way on an existing support structure, an existing tower,
or on an existing pole to which a small wireless facility is attached
at the time of the application. "Collocation" has a corresponding
meaning.
Work that an authority reasonably determines to be required
to accommodate a wireless infrastructure provider's installation
under this chapter and to comply with all applicable standards. The
work may include, but is not limited to, repair, rearrangement, replacement
and construction of pole; inspections; engineering work and certification;
permitting work; tree trimming (other than tree trimming performed
for normal maintenance purposes); site preparation; and electrical
power configuration. The term does not include a wireless infrastructure
provider's routine maintenance.
A small wireless facility having dimensions no larger than
24 inches in length, 15 inches in width and 12 inches in height and
an exterior antenna, if any, no longer than 11 inches.
The term includes any portion of any street, road or public
way which the Town has the responsibility to maintain or manage.
Consistent with Subpart U, Part 1, of Title 47, State and
Local Government Regulation of the Placement, Construction, and Modification
of Personal Wireless Service Facilities, a facility that meets each
of the following conditions:
Each antenna (excluding associated antenna equipment) is no
more than three cubic feet in volume; and
All antenna equipment associated with the facility (excluding
antennas) are cumulatively no more than 28 cubic feet in volume; and
The facility does not require antenna structure registration;
The facility does not result in human exposure to radiofrequency
radiation in excess of the applicable safety standards specified by
federal law.
Any structure capable of supporting a base station.
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 definition does not include utility poles.
A structure in the rights-of-way designed to support electric,
telephone and similar utility lines. A tower is not a utility pole.
A person that owns, controls, operates or manages a wireless
telecommunications facility or portion thereof within the right-of-way.
A permit issued pursuant to this chapter and authorizing
the placement or modification of a wireless telecommunications facility
of a design specified in the permit at a particular location within
the rights-of-way; and the modification of any existing support structure
to which the wireless telecommunications facility is proposed to be
attached.
Those regulations adopted to implement the provisions of
this article.
An entity that provides wireless services to end users.
Equipment at a fixed location that enables wireless communications
between user equipment and a communications network, including without
limitation radio transceivers, antennas, base station, underground
wiring, coaxial or fiber-optic cable, regular and backup power supplies,
and comparable equipment, regardless of technological configuration.
A.
Generally. Wireless telecommunications facilities shall meet the
minimum requirements set forth in this chapter and the wireless regulations
approved by the Mayor and Council in addition to the requirements
of any other applicable law.
B.
Regulations. The wireless regulations and administrative decisions
on applications for placement of wireless telecommunications facilities
in the rights-of-way shall, at a minimum, ensure that the requirements
of this section are satisfied, unless it is determined that the applicant
has established that denial of an application would, within the meaning
of federal law, prohibit or effectively prohibit the provision of
personal wireless services, or otherwise violate applicable laws or
regulations. If that determination is made, the requirements of this
chapter and any Town wireless regulations may be waived, but only
to the minimum extent required to avoid the prohibition.
C.
Standards. Wireless telecommunications facilities shall be installed
and modified in a manner that:
(1)
Minimizes risks to public safety, avoids placement of aboveground
facilities in underground areas, avoids installation of new support
structures or equipment cabinets in the public rights-of-way, and
maximizes the use of existing structures and poles, avoids placement
in residential areas when commercial areas are reasonably available,
and otherwise maintains the integrity and character of the neighborhoods
and corridors in which the facilities are located.
(2)
Ensures that installations are subject to periodic review to minimize
the intrusion on the rights-of-way.
(3)
Unless approved by the Town, any telecommunications facility must
be located no closer than: a) two feet from any curb, sidewalk, or
other improvement within the right-of-way; and b) five feet from any
driveway apron, and be otherwise located to avoid interference with
pedestrian and motorist sightlines and use.
(4)
Ensures that the Town bears no risk or liability as a result of the
installations, and that such use does not inconvenience the public,
interfere with the legal uses of the public rights-of-way or public
assets by others, or hinder the ability of the Town or other government
agencies to improve, modify, relocate, abandon or vacate the public
rights-of-way or any portion thereof, or to cause the improvement,
modification, relocation, vacation or abandonment of facilities in
the rights-of-way.
(5)
Ensures that location of facilities on existing poles or structures
is within the tolerance of those poles or structures.
D.
Concealment. Permits for wireless telecommunications facilities shall
incorporate specific concealment elements to minimize visual impacts,
and design requirements ensuring compliance with all standards for
noise emissions. Unless it is determined that another design is less
intrusive, or placement is required under applicable law:
(1)
Antennas located at the top of support structures shall be incorporated
into the structure, or placed within shrouds of a size such that the
antenna appears to be part of the support structure.
(2)
Antennas placed elsewhere on a support structure shall be integrated
into the structure, or be designed and placed to minimize visual impact.
(3)
Radio units or equipment cabinets holding radio units and mounted
on a utility pole shall be placed as high as possible on a support
structure, located to avoid interfering with, or creating any hazard
to, any other use of the public rights-of-way, and located on one
side of the utility pole. Unless the radio units or equipment cabinets
can be concealed by appropriate traffic signage, radio units or equipment
cabinets mounted below the communications space on utility poles shall
be designed so that the largest dimension is vertical, and the width
is such that the radio units or equipment cabinets are minimally visible
from the opposite side of the support structure on which they are
placed;
(4)
Wiring and cabling shall be neat and concealed within or flush to
the support structure, ensuring concealment of these components to
the greatest extent possible.
(5)
Ground-mounted equipment associated with a wireless telecommunications
facility shall be permitted only where consistent with the portion
of the corridor in which it is to be placed, and may be required to
be underground, located in alleys or otherwise shielded. In no event
may ground-mounted equipment interfere with pedestrian or vehicular
traffic.
(6)
No permit shall be issued or effective unless it is shown that the
wireless telecommunications facility will comply with Federal Communication
Commission (FCC) regulations governing radio frequency (RF) emissions.
Every wireless facility shall at all times comply with applicable
FCC regulations governing RF emissions, and failure to comply therewith
shall be a treated as a material violation of the terms of any permit
or lease.
(7)
No towers shall be permitted in the public rights-of-way, and no
wireless telecommunications facilities shall be permitted above ground
in underground areas, provided that the Town may permit placements
where all elements of the wireless telecommunications facility are
concealed and the facility does not appear to a casual observer to
be a wireless telecommunications facility.
(8)
No permit shall issue except to wireless service providers with immediate
plans for use of the proposed wireless telecommunications facility;
or wireless infrastructure providers with contracts with wireless
service providers which require the service provider immediately to
use the proposed wireless telecommunications facility.
(9)
Unless appropriately placed, and concealed, so that the size of the
facility cannot be increased except with the discretionary approval
of the Town, no wireless telecommunications facility is permitted
in rights-of-way in alleys.
(10)
No wireless telecommunications facility is permitted in any
local historic district without the approval of the Prince George's
County Historic Preservation Commission.
A.
Submission. The applicant shall submit a paper copy and an electronic
copy of any application, amendments or supplements to an application,
or responses to requests for information regarding an application,
to the designated Town department.
B.
Content. An application must contain:
(1)
The name of the applicant, its telephone number and contact information,
and if the applicant is a wireless infrastructure provider, the name
and contact information for the wireless service provider that will
be using the wireless telecommunications facility;
(2)
A complete description of the proposed wireless telecommunications
facility and the work that will be required to install or modify it,
including but not limited to detail regarding proposed excavations,
if any; detailed site plans showing the location of the wireless telecommunications
facility, a preconstruction survey; a proposed schedule for completion,
certified by a licensed professional engineer; a certification by
a radio frequency engineer that the telecommunications facility will
comply with the radio frequency radiation emission standards adopted
by the Federal Communications Commission; and a description of the
distance to the nearest residential dwelling unit and any contributing
historical structure within 500 feet of the facility. Before and after
360-degree photo simulations must be provided. The electronic version
of an application must be in a standard format that can be easily
uploaded on a web page for review by the public.
(3)
An application for modification of an eligible support structure
must contain information sufficient to show that the application qualifies
under of 47 CFR 1.40001. The application must relate to an existing
wireless telecommunications facility that has been approved by the
Town pursuant to this article. Before and after 360-degree photo simulations
must be provided with detailed specifications demonstrating that the
modification does not substantially change the physical dimensions
of the existing approved structure.
(4)
An application for a permit shall be submitted in the format and
manner specified by the designated department. Applications must contain
all information required herein and by any wireless regulations to
demonstrate that the applicant is entitled to the permit requested.
(5)
The applicant must provide any information upon which it relies in
support of a claim that denial of the application would prohibit or
effectively prohibit the provision of service in violation of federal
law, or otherwise violate applicable law. Applicants are not permitted
to supplement this showing if doing so would prevent the Town from
complying with any deadline for action on an application.
(6)
Proof that notice has been mailed to owners of all property, and
the resident manager for any multifamily dwelling unit that includes
10 or more units, within 300 feet of the proposed wireless telecommunications
facility.
(7)
A copy of any pole or structure attachment agreement must be provided,
as well as sufficient information to determine that the installation
can be supported by and does not exceed the tolerances of the pole
or structure and specifications for each element of the wireless telecommunications
facility, clearly describing the site and all structures and facilities
at the site before and after installation or modification; a structural
report performed by a duly licensed engineer evidencing that the pole,
tower or support structure can adequately support the collocation
(or that the pole, tower, or support structure will be modified to
meet structural requirements) in accordance with applicable codes;
(8)
Payment of any required fees.
(9)
Before a permit is issued, a concurrent agreement to any required
franchise, access or license agreement must be provided.
C.
Fees. The applicant must provide an application fee, and shall be
required to pay all costs reasonably incurred by the Town in reviewing
the application, including costs incurred in retaining outside consultants.
The applicant shall also pay an access fee. Fees shall be reviewed
periodically and raised or lowered based on costs the Town expects
to incur.
D.
The Town may elect to provide public notice of an application and
hold a public hearing prior to the approval of an application. If
the Town elects to hold a public hearing on an application, the applicant
shall be represented at the public hearing and be available to answer
inquiries about the application.
E.
As part of the permit process, the Town may require a wireless facility
to be fully operational within a specified period after the date the
last or final permit is issued, unless the Town and the applicant
agree to extend the period.
F.
Waivers. Requests for waivers from any requirement of this article
shall be made in writing to the Town Manager or designee. The same
may grant a request for waiver if it is demonstrated that, notwithstanding
the issuance of a waiver, the Town will be provided all information
necessary to understand the nature of the construction or other activity
to be conducted pursuant to the permit sought.
G.
Processing of applications. For small wireless facilities, personal
wireless facilities, as those terms are defined under federal law,
and eligible facilities requests, as that term is defined under federal
law, applications will be processed in conformity with state, local
and federal law, as amended. Currently, the FCC has required that
such applications be processed within 60 days of receipt of a completed
application for facilities that will be collocated on preexisting
structures, and 90 days for new construction.
H.
Rejection for incompleteness. Notices of incompleteness shall be
provided in conformity with state, and local and federal law. If such
an application is incomplete, it may be rejected by a written order
specifying the material omitted from the application, or the Town
may notify the applicant of the material omitted and provide an opportunity
to submit the missing material. The time imposed by federal, state
or local law for the processing of an application does not begin to
run until an application is complete.
I.
Final inspection. Upon completion of the approved work, the applicant
must file a statement of the professional opinion by an independent,
qualified engineer licensed in the State of Maryland that indicates
that the installation, based upon their actual inspections, in their
opinion and to the best of their knowledge, meets the requirements
of the approved plan documents, this article and other applicable
law. Certifications must be signed and sealed by the qualified engineer
making the statement. Upon receipt of the statement, and any required
Town inspection, the work may be accepted and a certificate of completion
may be issued by the Town.
A.
For breach. A wireless telecommunications permit may be revoked for
failure to comply with the conditions of the permit, franchise, license
or applicable law. Upon revocation, the wireless telecommunications
facility must be removed within 30 days of written notice, provided
that removal of a support structure owned by the Town, a utility,
or another entity authorized to maintain a support structure in the
right-of-way need not be removed, but must be restored to its prior
condition, except as specifically permitted by the Town. All costs
incurred by the Town in connection with the revocation and removal
shall be paid by entities who own or control any part of the wireless
telecommunications facility.
B.
For installation without a permit. A wireless telecommunications
facility installed without a wireless permit (except for those exempted
by this article) must be removed within 30 days of written notice,
provided that removal of a support structure owned by the Town, a
utility, or another entity authorized to maintain a support structure
in the right-of-way need not be removed, but must be restored to its
prior condition, except as specifically permitted by the Town. All
costs incurred by the Town in connection with the revocation and removal
shall be paid by entities who own or control any part of the wireless
telecommunications facility.
C.
Term. A wireless permit, other than a permit issued pursuant to an
eligible facilities request, shall be valid for a period of five years.
An eligible facilities permit shall expire at the same time the permit
for the underlying existing wireless telecommunications facility expires.
A person holding a wireless telecommunications permit must either
remove the wireless telecommunications facility upon expiration (provided
that removal of a support structure owned by the Town, a utility,
or another entity authorized to maintain a support structure in the
right-of-way need not be removed, but must be restored to its prior
condition, except as specifically permitted by the Town); or, at least
90 days prior to expiration, must submit an application to renew the
permit, which application must demonstrate that the impact of the
wireless telecommunications facility cannot be reduced. The wireless
telecommunications facility must remain in place until it is acted
upon by the Town, and any appeals from the Town's decision are
exhausted.
The Town may negotiate agreements for use of Town-owned or -controlled
light standards and traffic signals in the public rights-of-way for
placement of wireless telecommunications facilities on those structures.
The agreement shall specify the compensation to the Town for use of
the structures. The person seeking the agreement shall additionally
reimburse the Town for all costs the Town incurs in connection with
its review of and action upon the person's request for an agreement.
A.
The Town shall require a wireless infrastructure provider to indemnify
and hold harmless the Town and its officials, officers and employees
against any loss, damage, or liability to the extent that it is caused
by the negligent or willful act or omission of the wireless infrastructure
provider who owns or operates small wireless facilities or poles in
the right-of-way, its agents, officers, directors, representatives,
employees, affiliates, or subcontractors, or their respective officers,
agents, employees, directors, or representatives.
B.
During the period in which the facilities of a wireless infrastructure
provider are located on or attached to the Town's assets or rights-of-way,
the Town may require a wireless infrastructure provider to:
(1)
Carry, at the wireless infrastructure provider's sole cost and
expense, the following types of third-party insurance:
(a)
Property insurance for its property's replacement cost
against all risks;
(b)
Workers' compensation insurance, as required by law; and
(c)
Commercial general liability insurance with respect to its activities
on Town improvements or rights-of-way to afford protection with limits
not inconsistent with its requirements of other users of Town improvements
or rights-of-way, including coverage for bodily injury and property
damage; and
(2)
Include the Town as an additional insured on the commercial general
liability policy and provide certification and documentation of inclusion
of the Town in a commercial general liability policy as reasonably
required by the Town.
A.
The Town may provide a wireless infrastructure provider the option
of either having the wireless infrastructure provider perform any
necessary make-ready work through the use of qualified contractors
authorized by the Town, or having the Town perform any necessary make-ready
work at the sole cost of the wireless infrastructure provider.
B.
Upon completion of the make-ready work performed by the Town at the
request of a wireless infrastructure provider, the wireless infrastructure
provider shall reimburse the Town for the Town's actual and documented
cost of the make-ready work.
A wireless infrastructure provider shall be required to promptly:
A.
Repair any damage to the public right-of-way or any damages to facilities
in the right-of-way directly caused by the activities of the wireless
infrastructure provider and return the right-of-way to the right-of-way's
condition prior to the damages caused by the wireless infrastructure
provider.
B.
Remove and relocate the permitted small cell facility and/or wireless
support structure at the wireless infrastructure provider's sole
expense to accommodate construction of a public improvement project
by the Town. If the wireless infrastructure provider fails to remove
or relocate the small cell facility and/or wireless support structure
or portion thereof as requested by the Town within 120 days of the
Town's notice, then the Town shall be entitled to remove the
small cell facility and/or wireless support structure, or portion
thereof at the wireless infrastructure provider's sole cost and
expense, without further notice to the wireless infrastructure provider.
The wireless infrastructure provider shall, within 30 days following
issuance of invoice for the same, reimburse the Town for its reasonable
expenses incurred in the removal (including, without limitation, overhead
and storage expenses) of the small cell facilities and/or wireless
support structure, or portion thereof.
C.
At its sole cost and expense, promptly disconnect, remove, or relocate
the applicable small cell facility and/or wireless support structure
within the time frame and in the manner required by the Town if the
Town reasonably determines that the disconnection, removal, or relocation
of any part of a small cell facility and/or wireless support structure
1) is necessary to protect the public health, safety, welfare, or
Town property, or 2) the wireless infrastructure provider fails to
obtain all applicable licenses, permits, and certifications required
by law for its small cell facility and/or wireless support structure.
If the Town reasonably determines that there is imminent danger to
the public, then the Town may immediately disconnect, remove, or relocate
the applicable small cell facility and/or wireless support structure
at the wireless infrastructure provider's sole cost and expense.
A.
A wireless infrastructure provider shall promptly notify the Town
of a decision to remove from service a wireless facility located on
a public right-of-way.
B.
A wireless infrastructure provider shall remove a wireless facility
that is no longer needed for service and located on a public right-of-way
at the sole cost and expense of the wireless infrastructure provider.
C.
If the Town concludes that a wireless facility has been abandoned
in place, the Town may remove the wireless facility and invoice the
wireless infrastructure provider for the actual and documented cost
incurred by the Town for removal.
D.
Until a wireless facility that is located on a public right-of-way
is removed from the public right-of-way, a wireless infrastructure
provider shall pay all fees and charges due the Town, regardless of
whether a wireless facility is operational.
A.
The Town may require a surety bonding for wireless infrastructure
providers.
B.
The purpose of a surety bond required under Subsection A of this section shall be to:
(1)
Provide for the removal of abandoned or improperly maintained small
wireless facilities, including those that the Town requires to be
removed to protect public health, safety, or welfare, and restore
the rights-of-way; and
(2)
Recoup rates or fees that have not been paid by a wireless infrastructure
provider, subject to 30 days' prior written notice to the wireless
infrastructure provider and the opportunity to pay the rates or fees
outstanding.
The following enumerations are the current fees and charges under this Article II.
A violation of any provision of this Article II shall constitute a municipal infraction and is subject to a fine of $100 per day.
