[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.
[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]
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.
[Added 4-13-2004 by Ord. No. 03-O-13]
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.
[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]
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.
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.
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 jurisdiction.
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.
CERTIFICATE OF COMPLETION
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
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.
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 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.
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" includes 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 of 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:
A.
The structure on which antenna facilities are mounted:
(1)
Is 50 feet or less in height; or
(2)
Is no more than 10% taller than other adjacent structures; or
(3)
Is not extended to a height of more than 10% above its preexisting
height as a result of the collocation of new antenna facilities; and
B.
Each antenna (excluding associated antenna equipment) is no
more than three cubic feet in volume; and
C.
All antenna equipment associated with the facility (excluding
antennas) is cumulatively no more than 28 cubic feet in volume; and
D.
The facility does not require antenna structure registration;
and
E.
The facility does not result in human exposure to radiofrequency
radiation in excess of the applicable safety standards specified by
federal law.
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.
WIRELESS INFRASTRUCTURE PROVIDER
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 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.
WIRELESS SUPPORT STRUCTURE
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]
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.
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.
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.