[HISTORY: Adopted by the Mayor and Council
of the City of College Park as indicated in the article histories.
Amendments noted where applicable.]
[Adopted 12-8-1959]
[Amended 9-10-1991 by Ord. No. 91-O-22; 12-10-1991 by Ord. No. 91-O-24]
It shall be unlawful for any person, partnership, corporation or contractor to do any excavating or other work on streets, curbs, gutters, sidewalks or storm drainage facilities under the jurisdiction of the City of College Park without first obtaining a permit from the Mayor and Council at a cost as set forth in Chapter 110, Fees and Penalties. All public improvements shall be under the supervision or inspection of the Public Works Director. In making application for the permit, the applicant shall designate whether or not he/she is doing so under the supervision of his/her own engineer; if the applicant has the service of his/her own engineer, he/she shall in addition pay to the Mayor and Council a fee as set forth in Chapter 110, Fees and Penalties, to cover the expense of the Public Works Director to inspect said improvements. If the applicant does not have the services of an engineer, he/she shall pay to the Mayor and Council a sum based on the cost and nature of such improvements as prescribed in Chapter 110, Fees and Penalties, to cover the expense of preparing plans and specifications and of supervision and inspection of said improvements.
[Amended 12-10-1991 by Ord. No. 91-O-24]
All public-service corporations, except those specifically exempt by law, including electric companies, gas companies and telephone companies, shall make application for a permit as outlined in § 172-1 of this article and shall pay a fee as set forth in Chapter 110, Fees and Penalties, to cover the cost of expense for inspection.[1]
[1]
Editor's Note: Original § 43-3,
Littering, which immediately followed this section, was repealed 9-10-1991
by Ord. No. 91-O-22.
[Amended 10-10-1978 by Ord. No. 78-O-5; 12-10-1991 by Ord. No. 91-O-24; 4-13-2004 by Ord. No. 03-O-13[1]]
Within the corporate limits of the City of College
Park, no person or corporation may construct any driveway, sidewalk,
ramp, steps or other thing upon any street, alley, right-of-way or
other public property without such work being performed by a contractor
licensed by the State of Maryland and/or Prince George's County, as
appropriate, and in compliance with existing City standards. Any such
construction shall require a City permit. A variance from such standards
may be granted by the City Manager upon a showing by the applicant
that strict adherence to the standards is not practical or necessary.
The City shall have the right, upon 15 days' notice to the property
owner, to remove any such improper or substandard construction and
to repair or construct the same properly. The property owner shall
be charged for such work, services and material and the City of College
Park may collect payment therefrom in the same manner as City taxes.
[1]
Editor's Note: This ordinance provided for
an effective date of 5-4-2004.
[Added 4-13-2004 by Ord. No. 03-O-13[1]]
A.
The permanent installation of basketball hoops, nets,
poles, stands or skateboard ramps and other such apparatus on streets,
alleys, rights-of-way or other public property, including sidewalks
or driveway aprons, is prohibited. The temporary installation of any
such apparatus on any public property is prohibited if it interferes
with vehicular or pedestrian traffic, police or fire protection, delivery
of City services, or access to property of another, or if it creates
an impediment or a nuisance at any other time, as determined in the
sole discretion of the City.
B.
No dumpster or other receptacle for the storage or
transport of construction or other debris, or for the storage of household
or other items, shall be installed or placed on any streets, alleys,
rights-of-way or other public property, including sidewalks or driveway
aprons, without a permit issued by the City. Permits shall expire
not later than 30 days after issuance and shall be subject to such
further conditions as the City Manager may require. A permit may be
extended for up to an additional 60 days in any twelve-month period
by the Director of Public Services, and thereafter by the City Manager
for up to an additional 90 days in the same period upon good cause
shown. Any further extension within the same period may be authorized
only by the Mayor and City Council.
[Amended 6-12-2007 by Ord. No. 07-O-13]
C.
The City shall have the right, upon five days' notice
to the property owner, to remove any such improper installation or
placement. Any apparatus so removed may be disposed of by the City
after 30 days' notice to any known property owner. The property owner
shall be charged for such removal and disposal work and services,
and the City of College Park may collect payment therefor in the same
manner as City taxes.
It shall be unlawful for any sign or board to
project over any sidewalk, nor shall any flag, banner or any other
manner of display be stretched across any street of the City of College
Park without permission of the Mayor and Council.[1]
[1]
Editor's Note: Original §§ 43-6,
Unlawful automobile repairs, and 43-8, Unlawful parking of boats,
boat trailers, etc., as amended, which immediately followed this section,
were repealed 9-10-1991 by Ord. No. 91-O-22.
[Amended 12-11-1962 by Ord. No. 8; 12-10-1991 by Ord. No.
91-O-24; 2-27-2001 by Ord. No. 01-O-2; 7-10-2001 by Ord. No.
01-O-6]
Any person who shall violate any provisions of this article or fail to comply with its requirements shall be subject to a fine as set forth in Chapter 110, Fees and Penalties.
[Adopted 1-15-2019 by Ord. No. 18-O-10[1]]
A.
In general. A small wireless facility may be located in City rights-of-way
subject to the provisions of this article. 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; (4) modification
of a small wireless facility or a pole must obtain a wireless placement
permit authorizing the placement or modification.
[Amended 3-26-2019 by Ord. No. 19-O-08]
B.
Exemptions. The following are exempted from the requirements of this
article:
(1)
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;
(2)
The placement or modification of wireless facilities by the City
or by any other agency of the state solely for public safety purposes.
(3)
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.
(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 City, 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 City from applying its generally applicable health, safety, and
welfare regulations when granting consent for a small wireless facility
or wireless support structure in the City's right-of-way.
[Amended 3-26-2019 by Ord. No. 19-O-08]
D.
Public use. Except as otherwise provided by Maryland law, any use
of the right-of-way authorized pursuant to this article will be subordinate
to the City'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 such codes have been adopted by the City, including
any amendments adopted by the City, or otherwise are applicable in
the jurisdiction.
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 City for a wireless
placement permit.
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.
To install or mount a small wireless facility in the public
ROW 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 article and to comply with all applicable standards. The work
may include, but is not limited to, repair, rearrangement, replacement
and construction of poles; 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 "rights-of-way" includes any portion of any street,
road or public way which the City has the responsibility to maintain
or manage.
Consistent with Subpart U of Part 1 of Title 47, State and
Local Government Regulation of the Placement, Construction, and Modification
of Personal Wireless Service Facilities,[1] 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) is cumulatively no more than 28 cubic feet in volume; and
The facility does not require antenna structure registration;
and
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
telecommunication facility or portion thereof within the right-of-way.
A permit issued pursuant to this article 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.
A pole, such as a monopole, either guyed or self-supporting,
streetlight pole, traffic signal pole, or utility pole capable of
supporting a small wireless telecommunications facility.
[Added 3-26-2019 by Ord.
No. 19-O-08]
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.
[1]
Editor's Note: See 47 CFR 1.6001 et seq.
A.
Generally. Wireless telecommunications facilities shall meet the
minimum requirements set forth in this article 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 City wireless regulations may be waived, but only
to the minimum extent required to avoid the prohibition.
C.
Standards. Wireless telecommunications facilities and wireless support
structures shall be installed and modified, and the use of a public
right-of-way or the attachment of wireless facilities to public assets
by a wireless provider shall be accomplished, in a manner that:
[Amended 3-26-2019 by Ord. No. 19-O-08]
(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 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)
Ensures that the City bears no risk or liability as a result of the
installations, and that such use does not inconvenience the public,
obstruct or hinder travel or public safety on the right-of-way or
the legal use of the right-of-way or public assets by others, interfere
with the primary uses of the public rights-of-way, 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;
(4)
Ensures that location of facilities on existing poles or structures
is within the tolerance of those poles or structures;
(5)
Unless otherwise approved by the City, any telecommunications facility
may be located no closer than: two feet from any curb, sidewalk, or
other improvement within the rights-of-way; and five feet from any
driveway apron, and be otherwise located to avoid interference with
pedestrian and motorist sight lines and use;
(6)
Small wireless facilities shall be installed at least eight feet
above the ground. If a small wireless facility attachment is projecting
toward the street, for the safety and protection of the public and
vehicular traffic, the City may require the attachment to be installed
no less than 16 feet above the ground.
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 impacts.
(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. To reduce clutter and deter vandalism,
excess fiber optic or coaxial cables for small wireless facilities
shall not be spooled, coiled or otherwise stored on the pole except
within the approved enclosure such as a cage or cabinet.
[Amended 3-26-2019 by Ord. No. 19-O-08]
(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 Communications
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.
(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 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.
(10)
No wireless telecommunications facility is permitted in any
local historic district without the approval of the Prince George's
County Historic Preservation Commission.
(11)
All wireless telecommunications facilities, wireless support
structures and wireless infrastructure shall be appropriately labeled
with identification and contact information and shall be properly
maintained and kept free of graffiti.
[Added 3-26-2019 by Ord.
No. 19-O-08]
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 City 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; 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 radiofrequency radiation emission standards adopted
by the Federal Communications Commission; 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; 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° 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 3-26-2019 by Ord. No. 19-O-08]
(3)
An application for modification of an eligible support structure
must contain information sufficient to show that the application qualifies
under 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° 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 City 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.
[Amended 3-26-2019 by Ord. No. 19-O-08]
(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.
[Amended 3-26-2019 by Ord. No. 19-O-08]
C.
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.
D.
Public hearing. The City may elect to provide public notice of an
application and hold a public hearing prior to the approval of an
application. If the City 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.
[Added 3-26-2019 by Ord.
No. 19-O-08[1]]
E.
Operation date. 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 3-26-2019 by Ord.
No. 19-O-08]
F.
Waivers. Requests for waivers from any requirement of this article
shall be made in writing to the City Manager 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.
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. In the absence of federal
law or regulation, an application that is deemed complete by the City
shall be approved or disapproved within 180 days after the receipt
of the complete application.
[Amended 3-26-2019 by Ord. No. 19-O-08]
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 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.
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
City inspection, the work may be accepted, and a certificate of completion
may be issued by the City.
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 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.
B.
For installation without 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 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.
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 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.
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.
A.
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.
B.
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:
(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 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
(2)
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.
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.
|
Wireless infrastructure providers 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
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 an 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.
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 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
A) is necessary to protect the public health, safety, welfare, or
City property, or B) 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.
A.
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.
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 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.
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 City, regardless of
whether a wireless facility is operational.
A.
The City 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 City 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.
