[Adopted 2-6-2012 by Ord.
No. 2012-01]
A.
The Council hereby adopts by reference as incorporated herein an
ordinance, as amended from time to time, entitled "The Road Ordinance
of Prince George's County, Maryland," codified in Subtitle 23 of the
Prince George's County Code, whereby said County Code is further designated
as Article 17 of the Code of Public Local Laws of Maryland.
B.
The Council shall further adopt by reference as incorporated herein,
the minimum standards, as amended from time to time, for street construction
and repairs applicable to utility companies installing or maintaining
utility facilities or improvements in the public ways as found in
a document known as the "Prince George's County Policy and Specification
for Utility Installation and Maintenance," also to be known herein
as the "County Specifications Manual," attached hereto and incorporated
by reference herein as Appendix A and made available for inspection
at the Town Hall. Any references to officials or agents of the county
government found in county law adopted herein shall be construed to
apply to the applicable officials or agents of Town government.
[Amended 4-15-2019 by Ord. No. 2019-01]
A.
Except as otherwise stated in this article, from and after the effective
date of this article, no person or entity, including but not limited
to a private or public utility company, shall grade, install, cut,
construct, or reconstruct any surface material, subsurface material,
paving, drainage structure, curb, gutter, sidewalk, driveway entrance,
retaining wall, step, equipment, cable, pole, tower or any other structure
within the right-of-way of any public street, road, highway, avenue,
lane, alley, sidewalk, viaduct, or public way under the jurisdiction
of the Town unless said person or entity shall first obtain a permit
from the Mayor and comply with all applicable provisions of Subtitle
23 of the Prince George's County Code and said "Prince George's County
Policy and Specification for Utility Installation and Maintenance"
(the "County Specifications Manual"), as though said right-of-way
were located within the unincorporated area of Prince George's County,
Maryland.
B.
The technical standards for acceptable temporary and permanent utility
patching in flexible asphalt pavement are found in Standards 300.18
and 300.19, including the prescribed compaction verifications, along
with the mill and overlay requirements for all roadways and those
under the five-year moratorium period (Attachments 6 and 7) published
in the County Specifications Manual. Said technical standards shall
apply to any person or entity wishing to cut into, excavate or alter
the public ways of the Town.
C.
Communications
structures or facilities. A permit shall not be issued for a proposed
structure or facility when the location selected in the application
is in an area where there is an overconcentration of structures or
facilities in, on or over the right-of-way, as determined by the Mayor
or her designee or in the Mayor's or her designee's reasonable discretion
and judgment. Any pole, equipment box, or other structure installed
in a Town right-of-way must:
(1)
Comply
with all structural and safety standards specified in this article
and by the Mayor in the permit conditions or any uniform guidelines
promulgated by the Council by resolution;
(2)
Not
obstruct pedestrian or vehicular traffic flow or sight lines;
(3)
Comply
with the Americans with Disabilities Act;
(4)
If
a pole, be at least 26 feet in height or comparable height with existing
utility poles, but not exceed 50 feet above ground level;
(5)
If
a replacement of an existing pole, not exceed the height of the existing
pole by more than 10 feet;
(6)
If
an equipment box (ground mounted), not exceed a size of 28 cubic feet
and, if located in the floodplain, shall be elevated on platforms,
and subject to other placement requirements established by the Mayor
in the permit conditions or any uniform guidelines promulgated by
the Council by resolution;
(7)
Not
obstruct parking, including preventing persons from entering and exiting
vehicles parked in the right-of-way and in such manner that will not
interfere with the use of other property;
(8)
Have
a color and finish determined in consultation with the Mayor or her
designee or any uniform guidelines promulgated by the Council by resolution
to minimize visual impact to the neighborhood, taking into consideration
any historic area or site designations; and
(9)
Comply
with such other requirements and conditions as the Mayor may determine
are appropriate. In the event that strict compliance with any provision
of this article or any uniform guidelines promulgated by the Council,
as applied to a specific proposed communications facility or structure,
would effectively prohibit the provision of services, the Mayor may
grant a limited, one-time exemption from strict compliance. Communications
facilities and support structures, wires, cables, fixtures, and other
equipment shall be installed and maintained in substantial compliance
with the requirements of the National Electrical Code and all FCC,
state, and local regulations:
D.
Antennas
and other attachments. No person shall install any attachment to a
pole or other structure in the Town right-of-way without first obtaining
a permit from the Town. All attachments to structures in the Town
right-of-way must:
(1)
For
each pole, have an equipment box (pole mounted) or boxes no greater
in collective size than six cubic feet in volume or the volume established
by the Mayor or designee or any uniform guidelines promulgated by
the Council by resolution;
(2)
Have
a color and finish determined in consultation with the Mayor or her
designee to minimize visual impact to the neighborhood, taking into
consideration historic area designations;
(3)
If
an antenna, be attached to an existing pole or replacement pole and
be demonstrated to be the least visible antenna possible to accomplish
the coverage objectives and be screened, shrouded, or concealed, or
treated to minimize visual and acoustic impact, as determined in consultation
with the Mayor or her designee, taking into consideration any historic
area designations or any Council-promulgated guidelines. Antenna elements
shall be flush mounted, to the extent reasonably feasible. All antenna
mounts shall be designed so as not to preclude possible future collocation
by the same or other operators or carriers. Antennas shall be situated
so as to reduce visual and acoustic impact without compromising their
function.
(4)
Comply
with such other requirements and conditions as the Mayor or her designee
may determine are necessary and appropriate. All wires, cables, fixtures,
and other equipment shall be installed and maintained in substantial
compliance with the requirements of the National Electrical Code and
all FCC, state, and local regulations.
[Amended 4-15-2019 by Ord. No. 2019-01]
Work permitted in an approved permit shall be completed within
120 days or the permit lapses. Upon completion of such construction,
improvements, repairs or other activity as certified by the Code Enforcement
Officer, Inspector or Town Engineer as being in full compliance with
the County's Road Ordinance, this article and the County Specifications
Manual, as applicable, adopted by reference and any applicable inspections,
and notification thereof to the Town, the road, sidewalk, or whatever
work was performed in the right-of-way shall be deemed to be accepted
for maintenance by the Town from and after the date that the same
would be deemed accepted for maintenance by the county as if the work
had been performed in an unincorporated area of the county. Privately
owned equipment, investor-owned utility poles or other public-entity-owned
infrastructure, including communications support structures or facilities,
shall not be accepted for maintenance by the Town.
[Added 4-15-2019 by Ord. No. 2019-01[1]]
As used in this article, the following terms shall have the
meanings indicated:
That part of a wireless telecommunications facility designed
to radiate or receive RF signals or electromagnetic waves for the
provision of services, including, but not limited to, cellular, paging,
personal communications services and microwave communications.
The same as defined by the FCC in 47 CFR 1.6100(b)(2), as
may be amended, which defines that term as the mounting or installation
of transmission equipment on an eligible pole for the purpose of transmitting
or receiving RF signals for communications purposes. As an illustration
and not a limitation, the FCC's definition effectively means "to add"
and does not necessarily refer to more than one wireless telecommunication
facility installed at a single site.
Collectively, the equipment at a fixed location or locations
within a Town right-of-way that enables communications services, including:
i) radio transceivers, antennas, coaxial, fiber-optic or other cabling,
power supply, backup battery, and comparable equipment, regardless
of technological configuration; and ii) all other equipment associated
with any of the foregoing. A communications facility does not include
the pole, tower or support structure to which the equipment is attached.
A pole located in the Town right-of-way or proposed to replace
an existing pole in the right-of-way to which communications facilities,
such as small cells or other communications facilities, are attached
or proposed or intended to be attached.
The Federal Communications Commission.
A utility pole that is not owned by the Town.
The person that receives a permit to work in or install facilities,
equipment or structures in the right-of-way under this article and
the person that owns facilities, equipment or structures permitted
to be installed under this article, including the permittee's officials,
employees, agents, and contractors.
A single shaft of wood, steel, concrete, or other material
typically at least 26 feet tall and capable of supporting the equipment
mounted thereon in a safe and adequate manner, including an investor-owned
utility pole.
Radio frequency or electromagnetic waves between 30 KHz and
300 GHz in the electromagnetic spectrum range.
The same as defined by the FCC in 47 CFR 1.6100(b)(7), as
may be amended, and as applicable to facilities in the public right-of-way,
which defines that term as a collocation or modification that:
Increases the overall height more than 10% or 10 feet (whichever
is greater);
Increases the width more than six feet from the edge of the
communications structure;
Involves the placement of any new enclosures on the ground when
there are no existing ground-mounted enclosures;
Involves the placement of any new ground-mounted enclosures
that are 10% larger in height or volume than any existing ground-mounted
enclosures;
Involves excavation or deployment of equipment outside the area
in proximity to the installation and other wireless communications
equipment already deployed on the ground;
Would defeat the existing concealment elements of the communications
support structure as determined by any uniform guidelines promulgated
by the Council or the Mayor or her designee; or
Violates a prior condition of approval of a permit for the site.
An organization franchised by the county, municipal or state
government or otherwise authorized by law to install, operate and
maintain facilities in public rights-of-way for the purpose of distribution
of fuel or energy, for communication, or the distribution of a public
water supply and collection and conveyance of sanitary sewage or stormwater.
[1]
Editor's Note: This ordinance also repealed former § 282-11,
Effect on future or ongoing utility projects.
A.
It shall be unlawful for any person, defined as any private person,
public or private utility company, partnership, corporation, contractor,
employer, agent, servant or employee, to do any excavating, installations
or other work as set forth in this article without first obtaining
authorization and a permit from the Mayor, the cost of which may be
established or amended by the Council by written resolution adopted
from time to time. Any applicant obtaining a Town building permit
as part of a development project involving abutting real property,
in addition to the permits required herein, shall receive a credit
or reduced fee for any additional permits issued under this article.
[Amended 4-15-2019 by Ord. No. 2019-01]
B.
Except as otherwise provided herein or unless the Mayor and Council
establish such fees or a fee schedule by separate resolution, all
administrative, application and processing, inspection, moratorium
and any other applicable fees found in county law as incorporated
herein shall be equal to or be calculated pursuant to the applicable
county law or County Specifications Manual. Unless they differ in
amount as expressly stated herein below, the various permit fees are
initially established as found in Chapter 3 of the County Specifications
Manual and calculated using the Utility Permit Fee Calculation Sheet,
which is Attachment 3 of said County Specifications Manual:
(1)
Special utility permit fee. A lump sum plus other fees (typically
covers new utility facility construction and includes both the administrative
and inspection fee, any moratorium fee or extension fees, if applicable,
and any engineering fee),
(a)
Administrative and inspection fee. A flat (lump sum) fee, in
the following amount depending on the size of the project regardless
of whether the work or improvements are to be within or above the
improved or unimproved portion of the right-of-way:
[1]
For road and related construction subject to permit the estimated
cost of which can reasonably be expected to exceed $25,000 as determined
by the Mayor or his designee $1,200;
[2]
For road and related construction subject to permit the estimated
cost of which can reasonably be expected not to exceed $25,000 as
determined by the Mayor or his designee $300;
[3]
For minor road and related construction less than five square
feet disturbance, a minimum permit fee as determined by the Mayor
or his designee: $100; and
[Amended 4-15-2019 by Ord. No. 2019-01]
[4]
The administrative and inspection fees stated herein may be
adjusted or modified by the Mayor or his designee based on proof submitted
by the applicant of actual project costs. If the administrative and
inspection fee initially paid differs from the actual project cost,
the permittee shall be refunded the difference or be required to pay
the difference.
(b)
Moratorium or impact fee. Double the amounts stated above for
a special utility permit fee but not in addition thereto (paid for
disturbance of streets less than five years since paving); and
(2)
Maintenance utility permit fee. Lump sum plus other fees (typically
covers routine maintenance or repairs of existing facilities, and
includes the application and processing fee, the administration and
inspection fee, and any engineering fees):
(3)
Maintenance activities fee. A method of payment to be estimated by
the Town (paid upon demand of the Mayor by utilities that routinely
enter the Town's streets to pay for all maintenance-related fees enumerated
elsewhere herein which may be paid on a quarterly basis in the form
of an escrow or draw down account, as applicable).
(4)
Extension fee: $100 (paid to extend the duration of a special utility
or other permit).
[Amended 4-15-2019 by Ord. No. 2019-01]
C.
Any forms, applications, form letters, boilerplate certificates of insurance, evidence of performance and payment bonds, reports, schedules, documents, worksheets, prescribed plan formats or templates, or permit fee calculation sheets prepared or used by the county government pursuant to County Law, as incorporated by reference in § 282-2 of this article, may be modified for use by an applicant, subject to further modification and approval by the Town for conformity to this article, when applying for any permits required by this article. The permit application may include and require any additional data and detail required by any uniform guidelines promulgated by the Council by resolution, or as required by the Mayor or her designee.
D.
The Code Enforcement Officer or his designee shall obtain and maintain
photographs of the proposed work areas in order to document the before
and after condition of the affected public ways or sidewalks. These
photographs shall be maintained by the Town records custodian with
the permit file pursuant to the Town's approved records retention
schedule.
E.
Due to the Town's high water table, the applicant may be required
to provide a certification or other assurance in writing from a licensed
engineer or other qualified professional acceptable to the Mayor along
with the permit application to ensure proper backfilling methods or
restoration materials have been considered or will be used such that
said methods or fill materials employed do not become an unwanted
drainage canal or retention area for subsurface drainage that may
otherwise cause future damage to the right-of-way or adjacent property.
[Amended 4-15-2019 by Ord. No. 2019-01]
F.
An applicant
may be required to obtain multiple permits (e.g., a special or maintenance
utility permit to dig in the right-of-way and a communications facilities
or communications support structures permit to install and operate
a small cell) issued under this article depending on the scope of
the installation or disturbance to the right-of-way.
[Added 4-15-2019 by Ord. No. 2019-01]
G.
Notwithstanding
anything in this section to the contrary, permit applications including
communications facilities or communications support structures shall
be reviewed and a decision rendered according to the following time
periods, or "shot clocks," as required by federal law:
[Added 4-15-2019 by Ord. No. 2019-01]
(1)
Minor
change applications (i.e., collocate small cell infrastructure on
an existing pole) shall be reviewed and rendered within 60 days of
the date of filing.
(2)
Substantial
change applications (i.e., place small cell infrastructure on a newly
installed pole) shall be reviewed and rendered within 90 days of the
date of filing.
H.
Fees charged
for permit applications for communications facilities or communications
support structures shall be as follows:
[Added 4-15-2019 by Ord. No. 2019-01]
(1)
An
initial nonrecurring fee of $500 for a single up-front application
that includes up to five communications facilities (e.g., collocated
small cells), with an additional $100 for each communications facility
added beyond five; and
(2)
A
nonrecurring fee of $1,000 for a new or extended communications support
structure or pole (i.e., not a collocation) intended to support one
or more communications facility; and
(3)
A
recurring annual fee of $270 per communications facility (e.g., a
communications support facility having five collocated small cells
or antennas is a $1,350 annual fee) per year to cover permitted access
to the right-of-way ("ROW") or access including the attachment to
Town-owned structures located in the ROW. A permittee who allows or
agrees to collocation on or within its communications support facility
located in the Town ROW by another person, contractor, or lessee shall
notify the Town, and said other person or entity shall make application
for a permit under this article. The Town may require a separate franchise
or right-of-way use agreement in lieu of the recurring annual fee
provided for in this subsection.
[Amended 4-15-2019 by Ord. No. 2019-01]
The Mayor is authorized to employ the services of an engineer
for purposes of supervising or inspecting all street improvements
or installations described in this article, and may require as a condition
of granting a permit under this article that all street improvements
or installations be subject to the supervision or inspection of the
Mayor's designated engineer.
In making application for authorization and a permit as provided in this article, the applicant shall designate whether or not the work will be performed under the supervision of his own licensed engineer. If the applicant has the service of his own engineer, he shall, in addition, pay to the Town the sum of 3% of the total cost of such improvements or work to cover the expense of inspection of the improvements by the Town. If the applicant does not have the services of an engineer, he shall pay to the Town the sum of 6% of the total cost of such improvements or work to cover the expense of preparing plans and specifications and for supervision and inspection of the improvements by the Town. Should the Town incur additional costs for engineering services exceeding the amounts stated herein, the Town may bill the permittee after giving reasonable notice and an opportunity to alter the extent of its maintenance project or improvements, if feasible. These fee requirements are in addition to the various permit fees established by § 282-12B, which together may be waived or modified by the Mayor and Council by written resolution, or motion recorded in the journal.
A.
No work shall be permitted on Sunday, except in cases of emergency,
and then only to such extent as it is absolutely necessary and with
written permission of the Mayor. The permit holder shall not be permitted
to work on any days which are federal or state holidays, unless granted
permission by the Mayor. If a permittee desires to work on any such
legal holidays, permission shall be sought from the Mayor in writing
at least two days in advance of such holiday. The request shall state
the place where such work is to be conducted.
B.
Work hours. No work shall be performed after 6:00 p.m. or before
7:00 a.m. without prior written approval by the Mayor.
[Amended 4-15-2019 by Ord. No. 2019-01]
A.
The permit
holder shall assume all responsibility for damages sustained to persons
or property due to the carrying on of his work, and shall be responsible
for all accidents to persons and property, saving the Town harmless
from all damages resulting from any accidents which may occur due
to the construction operations. The permittee is responsible for the
repairs of damages prior to release of any applicable bond. If the
Town is made a party to any action because of the granting of a permit
to the permit holder, the permit holder shall be required to pay all
costs and fees incurred by the Town, including the legal fees of the
Town Attorney or other legal counsel.
B.
Anything
installed in the Town right-of-way without a permit or in violation
of the terms and conditions of a permit or otherwise abandoned shall
be removed upon demand by the Town, and the Town shall have the authority
to remove the installation or structure and restore the right-of-way
and charge the cost of the removal and restoration to the person that
caused the installation or disturbance.
C.
If applicable
state, county or federal standards and regulations are amended, the
owners of a communications facility or communications support structure
governed by this article shall bring any facilities and/or structures
into compliance with the revised standards and regulations within
six months of the effective date of the standards and regulations,
unless a different compliance schedule is mandated by the regulating
agency. Failure to bring facilities and/or communications support
structures into compliance with any revised standards and regulations
shall constitute grounds for removal at the owner's expense.
D.
The operator,
owner or permittee shall remove and relocate the permitted improvements,
infrastructure, communications facility and/or support structure at
the operator's sole expense to accommodate construction of a public
improvement project by or for the Town.
[Amended 4-15-2019 by Ord. No. 2019-01]
A.
The person or entity to whom a permit is issued pursuant to this
article and any agents, servants and subcontractors shall comply with
all written requirements of the Mayor directed to the permittee, either
before or during the course of construction or work, which are deemed
necessary and in the interest of public safety or for the avoidance
of unnecessary inconvenience to the public during such construction.
B.
The permittee shall have the legal duty to provide for the following,
whether or not included in the written requirements of the Mayor:
(1)
Proper lighting and barricading of excavations or other hazards at
all times;
(2)
Adequate access, including snow removal from the road to driveways
and sidewalks abutting occupied residences;
(3)
Control of dust conditions, as directed by the inspector;
(4)
Correction of muddy or soft subgrade by placement of temporary gravel
or stone thereon;
(5)
Prompt removal of any dirt and debris from streets in and adjacent
to the work area during the construction period, as directed by the
inspector;
(6)
Other measures, as directed by the inspector or police, to ensure
the public safety.
C.
Any operator,
owner or permittee who owns or operates communications facilities
or communications support structures in the right-of-way shall indemnify,
protect, defend, and hold the Town and its elected officials, officers,
employees, agents, and volunteers harmless against any and all claims,
lawsuits, judgments, costs, liens, losses, expenses, fees, to include
reasonable attorney fees and costs of defense, proceedings, actions,
demands, causes of action, liability and suits of any kind and nature,
including personal or bodily injury or death, property damage or other
harm for which recovery of damages is sought, to the extent that it
is caused by the negligence of the operator who owns or operates communications
facilities and communications support services in the right-of-way,
any agent, officer, director, representative, employee, affiliate,
or subcontractor of the operator, or their respective officers, agents,
employees, directors, or representatives while installing, repairing,
or maintaining facilities in the right-of-way.
Except as otherwise provided in this article, in any case where
a provision of this article is found to be in conflict with a provision
of any road construction, zoning, building, grading, housing, fire,
safety, health or any other ordinance or code of this Town, Prince
George's County, or the State of Maryland existing on the effective
date of this article, the provision which establishes the higher standard
for the promotion and protection of the health, safety and welfare
of the public shall prevail. The Town Council may expressly grant
waivers from the strict application of this article.
If any design for anticipated work covered by the application
for a permit required by this article requires further approval by
the Maryland-National Capital Park and Planning Commission, Washington
Suburban Sanitary Commission, "Miss Utility," the Maryland Department
of the Environment, the Prince George's County Department of Environmental
Resources or the Prince George's County Soil Conservation District,
the applicant shall certify to the Town that the proposed application
for work has been properly approved by said agencies or entities and
that the work shall conform to all other applicable Town, county,
state and federal laws, rules, regulations and ordinances.
A.
Any person or entity making street improvements, installations or repairs as described in §§ 282-9 or 282-11 without first obtaining the authorization and permit as provided in § 282-12, in violation of the provisions of this article, which is declared to be a misdemeanor, shall, upon conviction thereof, be subject to a fine of not more than $1,000 or imprisonment of not more than six months, or both.
[Amended 4-15-2019 by Ord. No. 2019-01]
B.
The following violations of this article shall be considered municipal
infractions:
(1)
Knowingly submitting a false or incomplete permit application;
(2)
Failure to respond to a corrective order issued by a Town official
or inspector;
(3)
Construction which does not comply with an approved plan, specification
or permit;
(4)
Working on workdays or during work hours prohibited by this article;
(5)
Working during the period of a stop-work order; and
(6)
All other violations of provisions of this article.
C.
Except as stated in Subsection A herein, violations of this article shall be considered a municipal infraction and are subject to the maximum fine for a municipal infraction permitted by the Town Charter. Each day a violation continues is deemed a separate offense and is subject to an additional citation and fine.
D.
In addition to any other fine, penalty, or remedy, a violator may
be required to remove or restore, within 15 days of the date of notification
of the violation, any structure, alteration, addition or excavation,
erected or commenced, and constituting the basis of the violation,
and if so required, upon expiration of such 15 days, each additional
day during which that person shall not have so removed or restored
the same, shall constitute a further and separate violation subject
to such fine.
E.
After obtaining a judgment or abatement order from a court of competent
jurisdiction, the Town may correct or abate any such condition, or
discrepancy at the violator's expense and certify any costs thereof
to the County Finance Office to be collected in the same manner as
municipal taxes.
A.
A decision of the Mayor or other official of the Town under this
article may be appealed for error to the Town Council.
B.
Except as stated herein, any person aggrieved by a decision of the
Town Council with regard to an application for a permit filed under
the provisions of this section and who appeared before the Town Council
in person, by an attorney, or in writing, shall have the right to
appeal the decision of the Town Council to the Circuit Court for Prince
George's County, Maryland, under the provisions of Title 7, Chapter
200, of the Maryland Rules of Procedure.
C.
Denial of a refund of any fee paid to the Town as required by this
article may be appealed pursuant to Article 24 of the Annotated Code
of Maryland to the Maryland Tax Court.
D.
The Town
shall advise the applicant in writing of its final decision supported
by substantial evidence, findings and conclusions of law.
[Added 4-15-2019 by Ord. No. 2019-01]
