City of New Carrollton, MD Streets, Sidewalks, Public Property and Rights-Of-Way

In the case of a construction project in which the estimated cost of the construction will be $30,000 or more, issuance of a permit shall be subject to approval of the City Council.

In the case of a construction project in which the estimated cost is less than $30,000, a permit shall be issued by the Mayor or by his or her designated representative, provided that all permit requirements as hereinafter required are met by the applicant.

No such permit shall be issued until the city has been satisfied that the work to be performed thereunder will be performed in a proper manner and will conform to city standards. For the purposes of this requirement, the city shall at all times maintain standard construction specifications which have been approved by the City Engineer and the Mayor and which shall be available at the city office.

A permit shall not be issued to open or extend any stub street, dead-end street or other street in the city which is closed to vehicular traffic without the benefit of two public hearings conducted by the City Council on the proposal to open or extend such street. Said public hearings shall be scheduled from two to five weeks apart, and notice of the date, time and the place of such hearings shall be advertised in at least one newspaper of general circulation within the city.

At the first hearing, the City Council shall receive comments, testimony or evidence from allegedly aggrieved parties. Following said hearing, the City Council shall make a preliminary decision, accompanied by a statement, in writing, of the reasons for said decision to grant or to deny the permit. The Council's decision and statement of reasons shall be posted at City Hall and published in the manner provided for giving notice of hearings. Simultaneously with the publication of the Council's decision and at least five days prior to the second hearing, the Council shall announce the date of the second and final hearing.

All permits required under the provisions of this section shall be issued upon the following conditions:

An application for a permit shall be filed in the city office on forms provided by the city and shall be accompanied by detailed plans of the project, including, wherever applicable, the following information:

A site plan indicating the right-of-way, name of street (if any) and width of right-of-way, abutting lots, location of existing utilities, North point and scale.

Pavement plan, curb and gutter, sidewalks, curb cuts, driveway entrances and the dimensions thereof.

Catch basins, inlets, culverts and other drainage structures and the dimensions thereof.

(d)

Construction details, including cross section of pavement, curb and gutter, details of drainage structures, invert of drainage culverts and pipes.

(e)

Grading plans and profile, showing both existing and finish grades.

(f)

Any additional information and data which may be required by the city to properly evaluate the application.

Wherever a permit is issued to remove curb and gutter for a private or public driveway, a standard apron or driveway entrance shall be constructed to the sidewalk. The existing sidewalk for the full width of the driveway shall be replaced with six-inch-thick concrete sidewalk. The cost of all work within the public right-of-way, including construction or reconstruction of curb and gutter, the driveway entrance and sidewalk, shall be determined by the driveway apron policy outlined in § 100-2F.

[Amended 12-17-1997 by Ord. No. 97-09]

Driveway aprons.

[Added 12-17-1997 by Ord. No. 97-09]

Purpose: to outline the policy for authorizing widening driveway aprons within the City of New Carrollton and placing the responsibility for payment.

Definitions. For purposes of this subsection, the following definitions will apply:

CITY

The City of New Carrollton.

CITY FORCES

Employees who work for the City of New Carrollton's Department of Public Works.

CONTRACTOR

A contractor who has been awarded a contract by the city to remove and replace driveway aprons, sidewalks and curbs and gutters.

DRIVEWAY APRON

That portion of concrete situated between curb and sidewalk that is used for vehicles to access a property; also referred to as "apron."

PRICES

Prices submitted to the city by a contractor for doing equal work or prices that the Public Works Director has determined to be a fair market value for equal work.

STREET RESTORATION

A street will have its defective driveway aprons and defective curb and gutters replaced (excludes sidewalk replacement) in preparation to the street being paved.

RESIDENT

The person or persons who own a property in the city.

Street not currently undergoing street restoration. The following will apply if the apron is located on a street that is not currently undergoing street restoration:

If a resident requests a widened apron to match a widened driveway, the resident must have an approved city building permit to widen the driveway.

The resident will be responsible for this cost if the apron is on a street that is not on the current schedule for street restoration.

If the existing concrete that abuts the apron has deteriorated, or if the existing apron itself has deteriorated, the city may absorb some of the cost. The Public Works Director shall determine if city forces or a contractor will perform the work and the shared cost based on the extent of the deterioration.

(d)

The Public Works Director shall determine the cost by utilizing established prices for equal work.

(e)

Once the cost has been determined, an agreement shall be signed by the resident ensuring payment and to hold the city harmless for any problems that might arise.

(f)

If any improvements, e.g., utility poles, meter boxes, manholes, valve boxes, catch basins are in the path (directly or indirectly), the widening of the apron may be denied in part or in whole. If a tree is in the path of widening the apron, the person requesting the widening shall be responsible for all costs in having it removed.

Street currently undergoing street restoration. The following will apply if the apron is located on a street that is currently undergoing street restoration:

When the city determines the amount of repair work to be done for street restoration, driveways that have been widened shall have their aprons widened to match at no cost to the resident.

If a widened driveway has been tapered to match a single width apron, the apron will not be widened unless the resident has applied for and received an approved city building permit to widen the driveway.

§ 100-3 Inspection of work.

The City Engineer or the Public Works Director shall supervise and inspect the construction or other work to be performed to the extent deemed necessary by the city to ensure that the work is performed properly and in accordance with the approved plans.

§ 100-4 Permit fees and bonds.

Before commencing any work under the permit, the applicant shall pay to the city a permit fee. The amount of the permit fee shall include but not be limited to the following:

[Amended 4-2-1997 by Ord. No. 97-01]

As set forth in Chapter 57, Fees.

In the event that delays in the construction activity, reinspections of work not properly performed initially or any other circumstances for which the city is not responsible cause the actual cost of supervision and inspection to exceed the original amount of the permit fee, the applicant shall reimburse the city as set forth in Chapter 57, Fees, upon presentation of an itemized statement therefor, and no bond, certified check or other surety shall be released by the city until the claim is satisfied.

The applicant may be required to furnish such performance, payment or surety bonds as the Mayor or his or her designated representative may deem necessary to indemnify the city against loss for any default or negligence of the applicant in the performance of the construction or other work. As an alternative to the bond or bonds required above, the applicant may deposit a certified check, made payable to the City of New Carrollton, with the city office, in an amount equivalent to the total cost of the project as estimated by the City Engineer or the Public Works Director.

Any grading, construction, improvement, alteration or repair performed within the public right-of-way and for which the city is to provide permanent maintenance shall be accepted for permanent maintenance by the City Council, after certification, in writing, by the City Engineer or Public Works Director that such work has been completed and constructed in accordance with the approved plans, subject to maintenance by the permittee for a period of one (1) year. The period of any surety bond issued in accordance with this chapter shall run to the expiration of such one-year maintenance period or a separate bond in the amount of five percent (5%) may be issued for said maintenance period.

§ 100-5 Authority to close public streets.

In the event of an emergency in which the condition of any public street, roadway, alley, sidewalk or any other thoroughfare in the City of New Carrollton, due to damage from flooding, storms or any natural or man-made cause, is deemed by the Mayor to be unsafe and hazardous, the Mayor is hereby authorized to order such street or public way closed to public passage until such time as the unsafe conditions have been alleviated or corrected.

In situations other than emergencies, the City Council or Mayor shall have the authority to close to public passage any street, roadway, alley or sidewalk in the City of New Carrollton upon a finding that the public interest will be served thereby, as permitted by this section.

In the case of a request to temporarily close a public street for a period of less than twenty-four (24) hours, such as for a block party or other event of limited duration, the Mayor may order such street closed upon receipt of an application signed by a substantial majority of the residents of property, the access to which would be affected by the proposed closing.

In the case of a request to close a public street for a specified period of more than twenty-four (24) hours or for an unlimited period of time, whether initiated by residents, property owners or by the City Council, the Council shall conduct two (2) public hearings on the proposal. Said public hearings shall be scheduled from two (2) to five (5) weeks apart, and notice of the date, time and place of such hearings shall be advertised in at least one (1) newspaper of general circulation within the city. Owners of property abutting on the street or portion of a street proposed to be closed shall be notified of each hearing by registered mail.

At the first hearing, the City Council shall receive comments, testimony or evidence from allegedly aggrieved parties. Following said hearing, the City Council shall make a preliminary decision, accompanied by a statement, in writing, of the reasons for its decision. The Council's decision and statement of reasons shall be posted at City Hall and published in the same manner provided for giving notice of hearings. Simultaneously with the publication of the Council's decision and at least five (5) days prior to the second public hearing, the Council shall announce the date of the second public hearing.

At the second public hearing, the City Council shall receive additional comments, testimony or evidence from allegedly aggrieved parties relating to the Council's preliminary decision. Within thirty (30) days after conclusion of the second public hearing, the City Council shall make its final decision on the proposal. The Council's final decision shall be accompanied by a written statement of the reasons therefor and shall be publicized in the same manner provided for giving notice of hearings.

In the event of a predicted or actual snow fall of four inches (4") or more, alternative parking shall be authorized on all streets maintained by the City where parking is permitted.

[Added 3-21-2007 by Ord. No. 07-11; amended 2-17-2010 by Ord. No. 10-12; 11-16-2016 by Ord. No. 17-04]

During a snow event of four inches (4") or more, alternative parking will allow citizens to park vehicles on sidewalks and grassy areas of their own property for the sole purpose of clearing the streets for plowing. All vehicles must be moved from sidewalks and grassy areas within forty-eight (48) hours of the end of the storm. The Public Works Department will plow curb to curb, where possible, immediately after the end of the snowfall. There will be no more attempts made thereafter to plow curb to curb. Streets with cars parked on them will not be cleared curb to curb.

Implementation of a snow, ice or other event allowing alternate parking shall be publicized on the City Comcast television Channel 71 and City Verizon television Channel 30 along with the City's website (www.newcarrolltonmd.gov) and social media outlets (Facebook and Twitter). The City will also publicize the information on metro area television and radio public broadcasts, with said broadcasts deemed sufficient for enforcement of this plan.

It shall be unlawful to clear snow from private property and to place it in a City street. Snow must be placed in the tree box between the curb and sidewalk. When clearing snow from around a vehicle parked on a street, snow removed from around the vehicle also must be placed in the tree box.

Any vehicle which is parked in such a manner that it blocks normal travel lanes shall be issued a citation for such violation and be subject to being towed and impounded by the City Police Department. Any person issued a citation for a violation of this Subsection C(4) shall be subject to a fine of two hundred fifty dollars ($250).

§ 100-6 Storage of construction materials; warning devices.

It shall be unlawful for any person, property owner, tenant, contractor or any employee of any contractor to use any public street, road or sidewalk within the city to store or place thereon any dirt, gravel, forms, lumber or other construction materials or materials of any kind without first having obtained the permission of the Mayor or his or her designated representative.

Every person using a street, road or sidewalk to store materials or other matter shall place thereon appropriate barricades and warning lanterns at night to warn the public of the obstruction and to show distinctly the unobstructed passageway remaining in the street, road or sidewalk.

It shall be unlawful for any person to break, damage, mutilate or carry away any lantern, barricade, road marker or other device erected or placed to warn the public of an obstruction in the street, road or sidewalk.

§ 100-7 Deposit of mud and debris; notification of violation; failure to comply.

It shall be unlawful for any person, property owner, tenant, contractor or any employee of any contractor, except city supervised work forces, to cause or permit any dirt, sand, gravel, ashes, rubbish or any loose or foreign material of any kind to be scattered, leaked, spilled or let fall from any truck, tractor, vehicle or conveyance of any type upon any street, roadway, sidewalk or other area within a public right-of-way.

It shall be unlawful to permit any truck, tractor, vehicle or conveyance of any type to deposit dirt, sand, clay or other materials onto any public street or sidewalk by tracking the same thereon by the wheels of said vehicle or conveyance.

Every person having charge of construction operations, whether as owner or contractor, shall remove or cause to be removed at the end of each working day from the streets, roadways, sidewalks and gutters adjacent to such construction operations all earth, sand, gravel, dirt, mortar, stones, rubbish and all other litter that may have been deposited or accumulated thereon as a result of such construction operations.

Upon receiving a complaint that a condition exists which is prohibited by this section, the Mayor or his or her designated representative shall notify the person or persons responsible to remedy the condition immediately upon their receipt of such notice. In the event that the responsible person or persons fail to comply with such notice within a reasonable period of time, the Mayor or his or her designated representative may employ the necessary manpower and equipment to perform the work and charge the responsible person or persons for the total cost, including administrative costs, thereof.

§ 100-8 Deposit of refuse and litter.

It shall be unlawful for any person or persons to throw, lay, deposit, sweep, scatter, drop or leave or cause to be thrown, laid, deposited, swept, scattered, dropped or left any dirt, ashes, filth, grass clippings, leaves, branches, paper, animal or vegetable matter, rubbish, garbage, litter or other refuse material or to cause the same to be burned upon any street, roadway, gutter, sidewalk or other public place within the City of New Carrollton.

It shall be unlawful for any person or persons to throw, lay, deposit, sweep, scatter, drop or leave any dirt, ashes, filth, grass clippings, leaves, branches, paper, animal or vegetable matter, rubbish, garbage, litter or other refuse material in or upon any gutter, drain, catch basin, culvert or passageway provided for the flow of water from, over, under or adjacent to any street, roadway or sidewalk within the City of New Carrollton so as to obstruct said passageway or prevent or inhibit the easy flow of water or other liquid matter.

§ 100-9 Damage to streets and sidewalks.

It shall be unlawful for any person to damage public streets, curbs, sidewalks, aprons or storm drainage structures. In the event of such damage, if the responsible party or parties fail to correct the damage after reasonable notice from the city, the city shall repair the damaged area and the total cost of such repairs, including administrative costs, shall be assessed against the party or parties responsible for said damage.

§ 100-10 Interfering with or damaging public property.

It shall be unlawful for any person or persons to break, damage, mutilate, deface or carry away any public property, including but not restricted to any warning lantern or barricade, street name sign, traffic control sign, road marker, public lamp or streetlight or any other official marker or device erected for the regulation and control traffic upon the public streets.

§ 100-11 Obstructions.

It shall be unlawful for any person or persons, whether said person or persons may be the owner or tenant of property, to permit any gate on said property to swing outward onto any public street, sidewalk or public passageway within the City of New Carrollton.

It shall be unlawful for any person or persons to hang or stretch across any of the public streets or sidewalks within the City of New Carrollton any sign, board, flag, pennant, banner or any other object without the permission of the Mayor or his or her designated representative.

It shall be unlawful for any person or persons to obstruct any public street or sidewalk in the City of New Carrollton with merchandise or other materials.

It shall be unlawful for any person or persons, whether said person or persons may be the owner or tenant of property, to permit any tree, hedge or shrub to overhang any public street or sidewalk so as to obstruct the free passage of vehicles or pedestrians thereon.

It shall be unlawful for any person or persons to play, dance, lie upon, hitchhike, walk upon (except at corner crossings or crosswalks), solicit or sell on the paved portion of the street at an intersection or other place where vehicles are required to stop or otherwise obstruct the normal flow of vehicular traffic upon the public streets.

It shall be unlawful for any person or persons to construct or place a basketball goal or similar device, including portable goals, within any public right-of-way within the City of New Carrollton or to attach basketball backstops or other devices to any tree, sign post or utility pole within a public right-of-way without the permission of the City Council.

§ 100-12 Responsibilities of property owners and tenants.

It shall be the duty of every person, partnership, firm or corporation, whether as tenant, occupant or property owner, having control of any building or parcel of land abutting on a paved public sidewalk, to remove and clear away or cause to be removed and cleared away any snow or sleet from the portion of the public sidewalk which abuts on said building or parcel of land within 24 hours after the ceasing to fall of any such snow or sleet.

Should the owner or person responsible for the maintenance of the property fail to remove the snow or sleet from the abutting sidewalk within twenty-four (24) hours of the cessation of any snow or sleet event, the City shall have the right to remove such snow or sleet from the sidewalk. The owner or person responsible for the maintenance of the property shall bear the cost of removal. After thirty (30) days from the issuance of an invoice, any abatement costs that remain unpaid shall be recorded as a lien against the property and collected by entering same on the tax records of such property.

[Added 2-17-2010 by Ord. No. 10-11]

It shall be the duty of every person, partnership, firm or corporation, whether as tenant, occupant or property owner, having control of any building or parcel of land abutting on any improved public right-of-way, to mow or cause to be mowed any grass or other vegetation growing in that portion of the public right-of-way which abuts on said building or parcel of land.

§ 100-13 Violations and penalties.

[Amended 4-2-1997 by Ord. No. 97-01; 2-17-2010 by Ord. No. 10-11]

Violation of any provision of this chapter with the exception of § 100-12A, shall be deemed a municipal infraction and shall be punishable as provided in § 1-21A of this Code.

Article II Wireless Telecommunications Facilities in Public Rights-of-Way

[Added 1-2-2019 by Ord. No. 19-10]

§ 100-14 Scope.

In general. Unless exempted, every person who desires to place a small wireless telecommunications facility in City 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; and/or 4) modification of a small wireless facility or a pole, must obtain a wireless placement permit authorizing the placement or modification.

[Amended 3-20-2019 by Ord. No. 19-14]

Exemptions. The following are exempted from the requirements of this chapter:

The placement or modification of wireless telecommunications facilities on supporting structures owned, or under the control of, the City, the use of which is subject to a contract for use of the facility between the City and the entity or entities that own or control the wireless telecommunications facility.

[Amended 3-20-2019 by Ord. No. 19-14]

The placement or modification of wireless facilities by the City or by any other agency of the state solely for public safety purposes.

Modifications to an existing wireless telecommunications facility that makes 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 City, 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 article.

CERTIFICATE OF COMPLETION

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 City, and consent for placement is granted.

[Amended 3-20-2019 by Ord. No. 19-14]

(5)

A micro wireless facility strung between two utility poles as defined in § 100-15 and provided further that the installation does not require replacement of the strand, or excavation, modification or replacement of the utility poles.

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 City from applying its generally applicable health, safety and welfare regulations when granting consent for a small cell facility or wireless support structure in the City's right-of-way.

[Amended 3-20-2019 by Ord. No. 19-14]

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 City's use and use by the public.

§ 100-15 Definitions.

Terms used in this article shall have the following meanings:

ANTENNA

An apparatus designed to emit radio frequency (RF) and operate from a fixed location to provide wireless services.

[Added 3-20-2019 by Ord. No. 19-14]

ANTENNA EQUIPMENT

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.

[Added 3-20-2019 by Ord. No. 19-14]

APPLICABLE LAWS/CODES

Uniform building, fire, safety, electrical, plumbing or mechanical codes adopted by a recognized national code organization to the extent such codes have been adopted by the City, including any amendments adopted by the City, or otherwise are applicable in the City. 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.

[Added 3-20-2019 by Ord. No. 19-14]

APPLICANT

A person filing an application for placement or modification of a wireless telecommunications facility in the rights-of-way.

APPLICATION

A formal request, including all required and requested documentation and information submitted by an applicant to the City for a wireless placement permit.

BASE STATION

The term base station shall have the same meaning as in 47 CFR 1.40001.

A document that is required from and issued by the City confirming that all work described in the application, as approved: (i) was properly permitted, including, without limitation, all required permits for building, electrical work, street or curb cutting, and excavation; (ii) was done in compliance with and fulfillment of all conditions of all permits, including all stated deadlines; (iii) was fully constructed and/or placed as approved and permitted; and (iv) was finally inspected by the City and was approved by the City after said final inspection.

COLLOCATE

To install or mount a small wireless facility in the public right-of-way on an existing support structure, an existing tower, or an existing pole to which a small wireless facility is attached at the time of the application. "Collocation" has a corresponding meaning.

[Added 3-20-2019 by Ord. No. 19-14]

MAKE-READY WORK

Work that an authority reasonably determines to be required to accommodate a wireless infrastructure provider's installation under this Article 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.

[Added 3-20-2019 by Ord. No. 19-14]

MICRO WIRELESS FACILITY

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.

RIGHTS-OF-WAY

The term rights-of-way include any portion of any street, road or public way which the City has the responsibility to maintain or manage.

SMALL WIRELESS FACILITY

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:

The structure on which antenna facilities are mounted:

Is 50 feet or less in height; or

Is no more than 10 percent taller than other adjacent structures; or

WIRELESS INFRASTRUCTURE PROVIDER

Is not extended to a height of more than 10 percent above its preexisting height as a result of the co-location of new antenna facilities; and

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 radio frequency radiation in excess of the applicable safety standards specified by federal law.

SUPPORT STRUCTURE

Any structure capable of supporting a base station.

TOWER

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.

UTILITY POLE

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 telecommunication facility or portion thereof within the right-of-way.

WIRELESS PERMIT

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.

WIRELESS REGULATIONS

Those regulations adopted to implement the provisions of this article.

WIRELESS SERVICE PROVIDER

An entity that provides wireless services to end users.

WIRELESS TELECOMMUNICATIONS FACILITY, OR FACILITY

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.

[Amended 3-20-2019 by Ord. No. 19-14]

§ 100-16 General standards for wireless telecommunications facilities in the rights-of-way.

Generally. Wireless telecommunications facilities shall meet the minimum requirements set forth in this chapter and the wireless regulations approved by the Mayor and City Council, in addition to the requirements of any other applicable law.

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 City wireless regulations may be waived, but only to the minimum extent required to avoid the prohibition.

Standards. Wireless telecommunications facilities shall be installed and modified in a manner that:

[Amended 3-20-2019 by Ord. No. 19-14]

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 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;

Ensures that installations are subject to periodic review to minimize the intrusion on the rights-of-way; and

Ensures that the City 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 City 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.

Ensures that the location of facilities on existing poles or structures is within the tolerance of those poles or structures.

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:

Antennas located at the top of support structures shall be incorporated into the structure or placed within shrouds of a size such that the antennas appear to be part of the support structure;

Antennas placed elsewhere on a support structure shall be integrated into the structure or be designed and placed to minimize visual impacts.

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.

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 treated as a material violation of the terms of any permit or lease.

[Amended 3-20-2019 by Ord. No. 19-14]

(7)

No towers shall be permitted in the public rights-of-way, and no wireless telecommunications facilities shall be permitted aboveground in underground areas, provided that the City 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 City, no wireless telecommunications facility is permitted in rights-of-way in alleys.[1]

[1]

Former Subsection D(10), regarding wireless telecommunications facilities in historic districts, was repealed 3-20-2019 by Ord. No. 19-14.

§ 100-17 Application submission requirements.

Submission. Applicants 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 City department.

Content. An application must contain:

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;

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 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 preconstruction survey; a proposed schedule for completion, certified by a licensed professional engineer; a certification by a radiofrequency engineer that the telecommunications facility will comply with the radiofrequency 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 three-hundred-sixty-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.

[Amended 3-20-2019 by Ord. No. 19-14]

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 City 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.

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 applicant is entitled to the permit requested. 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 City from complying with any deadline for action on an application.

(5)

Proof that notice has been mailed to owners of all property, and the resident manager for any multifamily dwelling unit that includes ten (10) or more units, within 300 feet of the proposed wireless telecommunications facility.

(6)

A copy of any pole or structure attachment agreement must be provided, as well as 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 together with sufficient information to determine that the installation can be supported by and does not exceed the tolerances of the pole or structure, which shall include but not be limited to 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).

[Amended 3-20-2019 by Ord. No. 19-14]

(7)

Payment of any required fees.

(8)

Before a permit is issued, a concurrent agreement to any required franchise or license agreement must be provided.

[Amended 3-20-2019 by Ord. No. 19-14]

Fees. The applicant must provide an application fee, and shall be required to pay all costs reasonably incurred by the City 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 City expects to incur.

[Amended 3-20-2019 by Ord. No. 19-14]

Waivers. Requests for waivers from any requirement of this Article shall be made in writing to the City Administrative Officer or designee. The same may grant a request for waiver if it is demonstrated that, notwithstanding the issuance of a waiver, the City will be provided all information necessary to understand the nature of the construction or other activity to be conducted pursuant to the permit sought.

[Amended 3-20-2019 by Ord. No. 19-14]

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 co-located on preexisting structures and 90 days for new construction.

As part of the permit process, the City 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 City and the applicant agree to extend the period.

[Added 3-20-2019 by Ord. No. 19-14[1]]

[1]

Editor's Note: This ordinance also redesignated former Subsection F, Rejection for incompleteness, as Subsection G.

Rejection for incompleteness. Notices of incompleteness shall be provided in conformity with state, 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 City 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.

Final inspection. Upon completion of the approved work, the applicant must file a statement of the professional opinion of an independent, qualified engineer licensed in the State of Maryland that indicates that the installation, based upon their actual inspections, in their professional 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 City inspection, the work may be accepted and a certificate of completion may be issued by the City.

[Added 3-20-2019 by Ord. No. 19-14]

§ 100-18 Termination of permit/breach.

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 City, 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 City. All costs incurred by the City in connection with the revocation and removal shall be paid by entities who own or control any part of the wireless telecommunications facility.

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 City, 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 City. All costs incurred by the City in connection with the revocation and removal shall be paid by entities who own or control any part of the wireless telecommunications facility.

Term. A wireless permit, other than a permit issued pursuant to an eligible facilities request, shall be valid for a period of five (5) 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 City, 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 City); 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 City, and any appeals from the City's decision are exhausted.

[Amended 3-20-2019 by Ord. No. 19-14]

§ 100-19 Infrastructure owned or controlled by the City.

The City may negotiate agreements for use of City-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 City for use of the structures. The person seeking the agreement shall additionally reimburse the City for all costs the City incurs in connection with its review of, and action upon, the person's request for an agreement.

§ 100-20 Insurance.

[Added 3-20-2019 by Ord. No. 19-14]

The City shall require a wireless infrastructure provider to indemnify and hold harmless the City 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.

During the period in which the facilities of a wireless infrastructure provider are located on or attached to the City's assets or rights-of-way, the City may require a wireless infrastructure provider to:

Carry, at the wireless infrastructure provider's sole cost and expense, the following types of third-party insurance:

Property insurance for its property's replacement cost against all risks;

Workers' compensation insurance, as required by law; and

Commercial general liability insurance with respect to its activities on City improvements or rights-of-way to afford protection with limits not inconsistent with its requirements of other users of City improvements or rights-of-way, including coverage for bodily injury and property damage; and

Include the City as an additional insured on the commercial general liability policy and provide certification and documentation of inclusion of the City in a commercial general liability policy as reasonably required by the City.

§ 100-21 Make-ready work.

[Added 3-20-2019 by Ord. No. 19-14]

The City 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 City, or having the City perform any necessary make-ready work at the sole cost of the wireless infrastructure provider.

Upon completion of the make-ready work performed by the City at the request of a wireless infrastructure provider, the wireless infrastructure provider shall reimburse the City for the City's actual and documented cost of the make-ready work.

§ 100-22 Right-of-way repair.

[Added 3-20-2019 by Ord. No. 19-14]

Wireless infrastructure provider shall be required to promptly:

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.

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 City. 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 City within 120 days of the City's notice, then the City 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 City 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.

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 City if the City 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 City 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 City reasonably determines that there is imminent danger to the public, then the City 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.

§ 100-23 Facilities no longer needed.

[Added 3-20-2019 by Ord. No. 19-14]

A wireless infrastructure provider shall promptly notify the City of a decision to remove from service a wireless facility located on a public right-of-way.

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.

If the City concludes that a wireless facility has been abandoned in place, the City may remove the wireless facility and invoice the wireless infrastructure provider for the actual and documented cost incurred by the City for removal.

Until a wireless facility that is located on public right-of-way is removed from the public right-of-way, a wireless infrastructure provider shall pay all fees and charges due the City, regardless of whether a wireless facility is operational.

§ 100-24 Surety bonds.

[Added 3-20-2019 by Ord. No. 19-14]

The City may require a surety bonding for wireless infrastructure providers.

The purpose of a surety bond required under Subsection A of this section shall be to:

Provide for the removal of abandoned or improperly maintained small wireless facilities, including those that the City requires to be removed to protect public health, safety, or welfare, and restore the rights-of-way; and