[HISTORY: Adopted by the Mayor and City Council of the City of Havre de Grace 1-10-2019 by Ord. No. 1012; amended in its entirety 4-1-2019 by Ord. No. 1015. Subsequent amendments noted where applicable.]
As used in this chapter, the following terms shall have the meanings indicated:
SMALL CELL WIRELESS FACILITY
As used in this chapter, "small cell wireless facility" means and refers to:
A. 
"Small cells," which are low-powered wireless base stations that function like traditional cell sites in a mobile wireless network but typically cover targeted indoor or localized outdoor areas;
B. 
"DAS" or "distributed antenna systems," which use numerous antennae, commonly known as "nodes," similar in size to small cells and are connected to and controlled by a central hub; and
C. 
Other similar facilities, systems or devices designed to facilitate a mobile wireless network within a localized area and to be attached to a support structure within public ways or on private property.
SUPPORT STRUCTURE
As used in this chapter, "support structure" means and refers to any existing or new utility pole or other framework structure upon which a small cell wireless facility may be located or attached, within the City's public ways and ROW, provided said structure otherwise complies with the requirements contained herein. A support structure shall include a utility pole that is designed for, or used for the purpose of, carrying lines, cables, or wires for electric telecommunications service, or nondecorative electric lighting. A support structure shall not include any decorative pole, arch, or structure consisting of any of the following: decorative or accent electric lighting; specially designed informational or directional signage; temporary holiday or special event attachments.
A. 
Any person, (hereinafter the "applicant") desiring to install a small cell wireless facility or support structure upon or over any City, state or county public way or ROW shall first submit an application for a permit to the Directors of the Department of Public Works and Planning, in a manner and with details conforming with their requirements. The said Departments shall make a determination on completeness of said application within 10 days of submission or substantial amendment. Once an application is deemed complete, said Departments shall jointly submit a recommendation for approval, approval with conditions or denial to the Planning Commission which shall issue its decision within 60 days of a determination of completeness for any request for modification of an existing facility, 90 days of a determination of completeness for applications relating to a small cell facility installation on an existing structure, or 150 days for applications for small cell facilities on new support structures. If the Directors so require, the applicant shall post an escrow account sufficient to fund the cost of experts that the Departments may need to assist in plan review as well as any attorneys' fees incurred as part of the City's review process. The clock for the time allowed for a recommendation shall be stopped from the date of said escrow request until said escrow is posted and available for use by the City.
B. 
In addition to the other information required by this chapter, an applicant for a permit hereunder shall provide the following information:
(1) 
A technical description of the small cell wireless facility and existing support structure along with detailed diagrams accurately depicting all components and equipment;
(2) 
A detailed description of the design, location and installation timeframe for the small cell wireless facility and/or support structure;
(3) 
An engineering certification prepared by a professional engineer licensed in the State of Maryland;
(4) 
A statement describing the applicant's intentions with respect to collocation;
(5) 
A statement demonstrating the applicant's ability to comply with all applicable safety standards;
(6) 
In the case of a proposed attachment to a City-owned support structure located in, upon or over a public way or ROW, an executed agreement with the City granting permission for such attachment;
(7) 
In the case of an installation planned for a state or county road, a certification from the appropriate state or county agency, along with a resolution authorizing such certification, if applicable, approving and authorizing such installation.
(8) 
A description of the plan for decommissioning and removal of said small cell wireless facility and ancillary components should such facilities become obsolete or abandoned or should the licensee default in their obligations to the City, including the failure to pay all franchise fees, installation fees, plan review fees, collocation fees, annual license and rental fees or any other required fee or fail in their duty to properly maintain said facilities in a safe and aesthetically congruous condition. The permittee shall post a bond, satisfactory in form and amount to the requirements of the City Attorney, with the City to assure such removal and decommissioning as described herein. Any small cell wireless facility or new support structure which remains unused for a period of 365 days without notification to the City regarding its status shall be deemed abandoned.
(9) 
Such other information as may be required by the design guidelines adopted hereunder.
C. 
Nothing in this chapter shall limit or prohibit the discretion of the Directors from making publicly available information, materials, or other requirements in addition to the design guidelines so long as such information, material or requirements do not conflict with this chapter or other applicable state or federal law.
D. 
The applicant shall pay an application fee to the City upon applying to install a small cell wireless facility in accordance with this chapter, in addition to any other fees required by any other provision of the Code of the City of Havre de Grace, and in an amount to be specified and amended from time to time by ordinance or resolution of the governing body. Such fee shall be set forth in the City's Fee Schedule.
E. 
An applicant may appeal an adverse ruling to the Board of Appeals upon the filing of a form of notice of appeal and a filing fee of $500.
A. 
Small cell wireless facilities or support structures proposed to be located in, upon or over City, county or state or other public ways and ROW shall meet the detailed aesthetic, safety, and performance standards ("design standards") adopted by resolution of the Mayor and City Council. Such Design Standards are to be based on objective, technically feasible criteria applied in a nondiscriminatory manner that reasonably match the aesthetics and character of the immediate surrounding area.
(1) 
A permit shall not be required for either routine maintenance, or the replacement of a small wireless facility with another that is substantially the same as the existing facility in all respects as regulated herein. If such repair or replacement requires any excavation within the ROW or the closure of sidewalks or vehicular lanes within the ROW, a permit shall be required to the same extent as for any other similar work within said ROW.
B. 
Small wireless facilities and new support structures shall be located, designed and operated in accordance with all design standards, applicable laws and regulations and to minimize visual impact on surrounding properties and from any public ways and ROW, and shall otherwise comply with such requirements and conditions as the governing body may deem appropriate to impose.
C. 
The proposed location shall not be in an area where there is an over-concentration of small cell wireless facilities or support structures in, upon or over the City's public ways and ROW.
D. 
The location selected and the scale and appearance of the small cell wireless facility or support structure to be installed shall be consistent with the general character of the neighborhood, and if the location selected is in an historic area, the Historic Preservation Commission may provide recommendations to the Planning Commission to maintain consistent appearance in the immediately surrounding area in accordance with the design standards adopted by resolution of the Mayor and City Council.
E. 
The applicant shall provide insurance, bonding and indemnification, in a form and amount acceptable to the governing body, to protect the City and its officials and residents from injury or liability relating to or arising from the installation, maintenance, operation, and/or removal of said small cell wireless facility and/or support structure.
The governing body shall not issue any permit for a small cell wireless facility when, in its sole judgment, sufficient capacity no longer exists for additional small wireless facilities to be placed in the proposed location or upon the proposed support structure without jeopardizing the physical integrity of other small cell wireless facilities, support structures or other utilities already present in the proposed location, or impedes or interferes with the ability of the City to provide for the necessary expansion, relocation, construction or reconstruction of any existing or new infrastructure or vital legacy infrastructure components, or the safe and efficient vehicular or pedestrian use of the sidewalk, public way or ROW. Nothing in this chapter prevents the City from applying its generally applicable regulations for the protection of the health, safety, and welfare of its citizens.
A. 
Nothing in this chapter shall affect or limit the City's right to charge a separate fee for access to or for the use of City property, facilities or public ways consistent with state and federal law. Any permit granted pursuant to this chapter shall be in addition to and not in lieu of any other fee, rent, lease, license or franchise required to occupy or place facilities in or on City property, facilities, public ways or ROW. Such additional fees as may be applicable, which may include an annual collocation fee, shall be set forth in the City's Fee Schedule. Collocation shall refer to the installation, mounting, modification, operation or replacement of a wireless facility on a support structure.
B. 
The installation of the small cell wireless facility, collocation, or support structure under a permit provided by this chapter shall be completed within 180 days after the issuance of the permit. The applicant may request an extension of time in writing. The City may agree to such extension unless the delay in completion was caused by failure of the applicant to move the installation forward in a timely manner.
C. 
This chapter does not govern work permits that otherwise may be applicable and it is the applicant's responsibility to apply for such additional permits.
D. 
Permit shall not be required for either routine maintenance, or the replacement of a small cell wireless facility with another that is substantially the same as the existing facility in all respects as regulated herein. If such repair or replacement requires any excavation within the ROW or the closure of sidewalks or vehicular lanes within the ROW, a permit shall be required to the same extent as for any other similar work within said ROW.
The Director of the Department of Planning is hereby authorized to promulgate additional rules and regulations, including but not limited to the adoption of forms and application submittal requirements, to carry out the purpose and intent of this chapter in order to protect the public health, safety and welfare of citizens, and the aesthetic character of the City and its neighborhoods. Such rules, regulations and any amendments thereto shall be consistent with this chapter and state and federal law, and shall be subject to the approval of the Director of Administration after consultation with the Administrative Committee.
If the provisions of any section, subsection, paragraph, subparagraph or clause of this chapter shall be judged invalid by a court of competent jurisdiction, such order or judgment shall not affect or invalidate the remainder of any section, subsection, paragraph, subparagraph or clause of this chapter and, to this end, the provisions of each section, subsection, paragraph, subparagraph or clause of this chapter are hereby declared to be severable.
This chapter, being necessary for the safety, health and welfare of the City of Havre de Grace and its inhabitants, shall be construed liberally to effect the purposes thereof.
Failure of an applicant to comply with any provision of this chapter or the design guidelines shall be deemed a municipal infraction with a fine of $1,000 per day for each day the violation continues. In addition, the City, through its Director of Planning, may revoke any permit issued for a violation of this chapter or the design guidelines.