It shall be unlawful for any person to throw, sweep, deposit,
scatter or drop, or cause or permit to be thrown, swept, deposited,
scattered or dropped any dirt, filth, sawdust, shavings, hay, straw,
litter, paper, vegetable matter, decayed fruits, fruit skins, animal
matter, manure, scraps, rubbish, garbage, tin cans, ashes, coal, broken
stones, mortar, gravel, hedge trimmings, bottles or broken glass,
or any other refuse or loose material in or upon any of the streets,
roadways, gutters and/or sidewalks or other public places within the
Town of Cottage City.
It shall be unlawful for any person to start, place or build,
or cause or permit to be started, placed or built, any fire on the
streets or roadways, gutters or sidewalks in the Town of Cottage City,
or to burn any trash, leaves, paper or other litter or other material
thereon.
[Amended 10-12-2016 by Ord. No. 2016-08; 3-13-2019 by Emergency Ord. No. 2019-02]
A. Adoption
of County Law. The Cottage City Commission hereby adopts by reference
herein the ordinance, as amended from time to time, entitled "The
Road Ordinance of Prince George's County, Maryland" codified
in Subtitle 23 of the Prince George's County Code, and further
adopts herein, minimum standards for street construction and repairs
applicable to utility companies installing or maintaining utility
facilities or improvements in the public ways as found in a document
known as the "Prince George's County Policy and Specification
for Utility Installation and Maintenance," as amended, sometimes referenced
herein as the "County Specifications Manual," incorporated by reference
herein as Appendix A and made available for inspection at Town Hall,
as well as the Prince George's County Specifications and Standards
for Roadways and Bridges, and the MDOT SHA Standard Specifications
for Construction and Materials. Any references to officials or agents
of the county government found in county law adopted herein shall
be construed to apply to the applicable officials or agents of Town
government.
B. Regulatory
scope; definitions; installation and restoration standards; WSSC.
(1) Except as otherwise stated in this chapter, from and after the effective
date of this chapter, no person, or entity including but not limited
to a private or public utility company, or contractor shall grade,
install, cut, construct, or reconstruct any surface material, subsurface
material, paving, drainage structure, curb, gutter, sidewalk, driveway
entrance, retaining wall, step, equipment, cable, pole, tower or any
other structure within the right-of-way of any public street, road,
highway, avenue, lane, alley, or public way under the jurisdiction
of the Town unless said person or entity shall first obtain a permit
from the Town Manager or his designee, and comply with all applicable
provisions of this chapter and referenced law.
(2) The following definitions apply to this section:
ANTENNA
That part of a wireless telecommunications facility designed
to radiate or receive RF signals or electromagnetic waves for the
provision of services, including, but not limited to, cellular, paging,
personal communications services and microwave communications.
COLLOCATION
The same as defined by the FCC in 47 CFR § 1.40001(b)(2),
as may be amended, which defines that term as the mounting or installation
of transmission equipment on an eligible pole for the purpose of transmitting
or receiving RF signals for communications purposes. As an illustration
and not a limitation, the FCC's definition effectively means "to add"
and does not necessarily refer to more than one wireless telecommunication
facility installed at a single site.
COMMUNICATIONS FACILITY
Collectively, the equipment at a fixed location or locations
within a Town right-of-way that enables communications services, including:
(a)
Radio transceivers, antennas, coaxial, fiber-optic or other
cabling, power supply, backup battery, and comparable equipment, regardless
of technological configuration; and
(b)
All other equipment associated with any of the foregoing. A
communications facility does not include the pole, tower or support
structure to which the equipment is attached.
COMMUNICATIONS SUPPORT STRUCTURE
A pole located in the Town right-of-way or proposed to replace
an existing pole in the right-of-way to which communications facilities,
such as small cells or other communications facilities, are attached
or proposed or intended to be attached.
FCC
The Federal Communications Commission.
PERMITTEE
The person that receives a permit to work in or install facilities,
equipment or structures in the right-of-way under this chapter and
the person that owns facilities, equipment or structures permitted
to be installed under this chapter, including the permittee's officials,
employees, agents, and contractors.
POLE
A single shaft of wood, steel, concrete, or other material
typically at least 26 feet tall and capable of supporting the equipment
mounted thereon in a safe and adequate manner, including an investor-owned
utility pole.
RF
Radio frequency or electromagnetic waves between 30 kHz and
300 GHz in the electromagnetic spectrum range.
SUBSTANTIAL CHANGE
The same as defined by the FCC in 47 CFR § 1.40001(b)(7),
as may be amended, and as applicable to facilities in the public right-of-way,
which defines that term as a collocation or modification that:
(a)
Increases the overall height more than 10% or 10 feet (whichever
is greater);
(b)
Increases the width more than six feet from the edge of the
communications structure;
(c)
Involves the placement of any new enclosures on the ground when
there are no existing ground-mounted enclosures;
(d)
Involves the placement of any new ground-mounted enclosures
that are 10% larger in height or volume than any existing ground-mounted
enclosures;
(e)
Involves excavation or deployment of equipment outside the area
in proximity to the installation and other wireless communications
equipment already deployed on the ground;
(f)
Would defeat the existing concealment elements of the communications
support structure as determined by any uniform guidelines promulgated
by the Commission or the Town Manager or her designee; or
(g)
Violates a prior condition of approval of a permit for the site.
UTILITY
An organization franchised by the Town, county or state government
or otherwise authorized by law to install, operate and maintain facilities
in public rights-of-way for the purpose of distribution of fuel or
energy, for communication, or the distribution of a public water supply
and collection and conveyance of sanitary sewage or stormwater.
(3) The technical standards for acceptable temporary and permanent utility
patching in flexible asphalt pavement shall be the same as those found
in Standards 300.18 and 300.19, along with the mill and overlay requirements
for roadways under the five-year moratorium period, Attachment 6,
as published in the County Specifications Manual.
(4) Communications
structures or facilities. A permit shall not be issued for a proposed
structure or facility when the location selected in the application
is in an area where there is an overconcentration of structures or
facilities in, on or over the right-of-way, as determined by the Town
Manager or her designee or in the Town Manager's or her designee's
reasonable discretion and judgment. Any pole, equipment box, or other
structure installed in a Town right-of-way must:
(a) Comply
with all structural and safety standards specified in this chapter
and by the Town Manager in the permit conditions or any uniform guidelines
promulgated by the Cottage City Commission by resolution;
(b) Not
obstruct pedestrian or vehicular traffic flow or sight lines;
(c) Comply
with the Americans with Disabilities Act;
(d) If
a pole, be at least 26 feet in height or comparable height with existing
utility poles, but not exceed 50 feet above ground level;
(e) If
a replacement of an existing pole, not exceed the height of the existing
pole by more than 10 feet;
(f) If
an equipment box (ground mounted), not exceed a size of 28 cubic feet
and, if located in the floodplain, shall be elevated on platforms,
and subject to other placement requirements established by the Town
Manager in the permit conditions or any uniform guidelines promulgated
by the Cottage City Commission by resolution;
(g) Not
obstruct parking, including preventing persons from entering and exiting
vehicles parked in the right-of-way and in such manner that will not
interfere with the use of other property;
(h) Have
a color and finish determined in consultation with the Town Manager
or her designee or any uniform guidelines promulgated by the Cottage
City Commission by resolution to minimize visual impact to the neighborhood,
taking into consideration any historic area or site designations;
and
(i) Comply
with such other requirements and conditions as the Town Manager may
determine are appropriate. In the event that strict compliance with
any provision of this chapter or any uniform guidelines promulgated
by the Commission, as applied to a specific proposed communications
facility or structure, would effectively prohibit the provision of
services, the Town Manager may grant a limited, one-time exemption
from strict compliance. Communications facilities and support structures,
wires, cables, fixtures, and other equipment shall be installed and
maintained in substantial compliance with the requirements of the
National Electric Code, and all FCC, state, and local regulations.
(5) Antennae
and other attachments. No person shall install any attachment to a
pole or other structure in the Town right-of-way without first obtaining
a permit from the Town. All attachments to structures in the Town
right-of-way must:
(a) For
each pole, have an equipment box (pole mounted) or boxes no greater
in collective size than six cubic feet in volume or the volume established
by the Town Manager or designee or any uniform guidelines promulgated
by the Cottage City Commission by resolution;
(b) Have
a color and finish determined in consultation with the Town Manager
or her designee to minimize visual impact to the neighborhood, taking
into consideration historic area or site designations;
(c) If
an antenna, be attached to an existing pole or replacement pole and
be demonstrated to be the least visible antenna possible to accomplish
the coverage objectives and be screened, shrouded, or concealed, or
treated to minimize visual and acoustic impact, as determined in consultation
with the Town Manager or her designee, taking into consideration any
historic area or site designations or any Cottage City Commission
promulgated guidelines. Antenna elements shall be flush mounted, to
the extent reasonably feasible. All antenna mounts shall be designed
so as not to preclude possible future collocation by the same or other
operators or carriers. Antennas shall be situated so as to reduce
visual and acoustic impact without compromising their function.
(d) Comply
with such other requirements and conditions as the Town Manager or
her designee may determine are necessary and appropriate. All wires,
cables, fixtures, and other equipment shall be installed and maintained
in substantial compliance with the requirements of the National Electric
Code, and all FCC, state, and local regulations.
(6) Pursuant to § 27-101 et seq. of the Public Utilities Article
of the Annotated Code of Maryland, the Washington Suburban Sanitary
Commission ("WSSC"), as a state agency, is generally considered exempt
from this section; however, WSSC is required by statute to repair
and leave the public roadway in the same or a superior condition to
that existing before the public roadway was disturbed and furthermore
to pay all costs for returning the public roadway to the same or superior
condition.
C. Completion
and acceptance of improvements, installations or repairs. Unless otherwise
stated in this chapter, work permitted in an approved permit shall
be completed within 120 days or the permit lapses. Upon completion,
any construction, improvements, repairs, installations or other activity
as certified by the Town as being in full compliance with this chapter
and the County Specifications Manual, as applicable, and notification
thereof to the Town, the road, sidewalk, or whatever work was performed
in the right-of-way shall be deemed to be accepted for maintenance
by the Town from and after the acceptance date. Privately-owned equipment,
investor-owned utility poles or other public entity-owned infrastructure
including communications support structures or facilities shall not
be accepted for maintenance by the Town.
D. Permit
required, fees, application forms, review deadlines and records.
(1) A permit as required by this section obtained from the Town Manager
or his designee may be issued, the regulatory fees for which shall
be established herein or amended by the Commission by written resolution
adopted from time to time. Any applicant obtaining a Town construction
permit involving abutting real property, in addition to any permits
required of this section, shall receive a credit for any additional
permits issued under this section.
(2) Unless the Commission establishes such fees or fee schedule by resolution, all applicable fees found in county law as incorporated herein shall be comparable to or shall be calculated pursuant to the applicable county provision or County Specifications Manual using the Town's version of the utility permit fee calculation sheet, which is a modified attachment of said County Specifications Manual. Except as provided for in Subsection
E, for communications facilities and structures, the various permit fees are initially established as follows:
(a) Special utility permit fee. This permit typically covers completely
new utility pipeline or facility construction and includes an administrative
and inspection fee, a moratorium fee, if applicable, and any required
engineering fee as follows:
[i]
Administrative and inspection fee: A $250 flat or lump sum fee,
plus $2 per linear feet of installed utility within the paved area,
$0.50 per linear feet for underground work outside the improved roadway,
or plus $0.20 per liner feet for aerial utility facility installations;
[ii]
Moratorium or impact fee: $10 per linear foot of roadway cut
paid for disturbance of streets less than five years old since paving;
and
[iii]
Engineering fees: A variable lump sum as described in Subsection
G.
(b) Maintenance utility permit fee. This permit typically covers routine
maintenance or repairs of existing facilities, which may be paid upon
issuance or on a quarterly or other periodic basis in the form of
an escrow account, and includes an application and processing fee,
an administration and inspection fee and any engineering fees as follows:
[i]
Application and processing fee: $250;
[ii]
Administrative and inspection fee: $125 for small cuts (i.e.,
< 100 square feet), $300 for large cuts including other fees as
further described in Section 3.3.2 of the County Specifications Manual;
and
[iii]
Engineering fees: A variable lump sum as described in Subsection
G.
(c) Extension fee. The special utility permit shall be issued for a standard
duration of 90 calendar days. A $100 fee shall be paid to extend the
duration of a special utility permit.
(3) Any forms, applications, form letters, schedules, documents, worksheets,
templates, or permit fee calculation sheets prepared or used by the
county government pursuant to county law, as incorporated by reference
in this section, may be modified for use by an applicant, subject
to further modification and approval by the Town for conformity to
this section, when applying for any permits required by this section.
The permit application may include and require any additional data
and detail required by any uniform guidelines promulgated by the Cottage
City Commission by resolution, or as required by the Town Manager
or his or her designee.
(4) The Town Manager or his or her designee shall obtain and maintain
photographs of the proposed and finished work areas in order to document
the before and after condition of the effected municipal property.
These photographs shall be maintained by the Town records custodian
with the permit file pursuant to the Town's approved records
retention schedule.
(5) An applicant may be required to obtain multiple permits (e.g., a
special or maintenance utility permit to dig in the right-of-way and
a communications facilities or communications support structures permit
to install and operate a small cell) issued under this chapter depending
on the scope of the installation or disturbance to the right-of-way.
(6) Notwithstanding anything in this section to the contrary, permit
applications including communications facilities or communications
support structures shall be reviewed and a decision rendered according
to the following time periods, or "shot clocks" as required by federal
law:
(a) Minor
change applications (i.e., collocate small cell infrastructure on
an existing pole) shall be reviewed and rendered within 60 days of
the date of filing.
(b) Substantial
change applications (i.e., place small cell infrastructure on a newly
installed pole) shall be reviewed and rendered within 90 days of the
date of filing.
E. Fees charged
for permit applications for communications facilities or communications
support structures shall be as follows:
(1) An initial
nonrecurring fee of $500 for a single up-front application that includes
up to five communications facilities (e.g., collocated small cells),
with an additional $100 for each communications facility added beyond
five; and
(2) A nonrecurring
fee of $1,000 for a new or extended communications support structure
or pole (i.e., not a collocation) intended to support one or more
communications facility; and
(3) A recurring
annual fee of $270 per communications facility (e.g., a communications
support facility having five collocated small cells or antennae incurs
a $1,350 annual fee) per year to cover permitted access to the right-of-way
("ROW") or access including the attachment to Town-owned structures
located in the ROW. A permittee who allows or agrees to collocation
on or within its communications support facility located in the Town
ROW by another person, contractor, or lessee shall notify the Town
and said other person or entity shall make application for a permit
under this chapter. The Town may require a separate franchise or right-of-way
use agreement in lieu of the recurring annual fee provided for in
this subsection.
F. Authority
to hire Town Engineer to supervise or inspect street improvements.
The Town Manager is authorized to employ the services of an engineer
for purposes of supervising or inspecting any street improvements
or installations described in this section, and may require as a condition
of granting a permit under this section that all street improvements
or installations be subject to the supervision or inspection of the
Town's designated engineer.
G. Engineering
fee. In making application for authorization and a permit as provided
in this section, the applicant shall designate whether or not the
work will be performed under the supervision of his own licensed engineer.
If the applicant has the service of his own engineer, he shall, in
addition, pay to the Town the sum of 3% of the total cost of such
improvements to cover the actual expense of inspection of the improvements
by the Town. If the applicant does not have the services of an engineer,
he shall pay to the Town the sum of 6% of the total cost of such improvements
to cover the expense of preparing plans and specifications and for
supervision and inspection of the improvements by the Town. Any surplus
or unused balance of this fee shall be refunded to the applicant once
the project is certified and accepted by the Town. Should the Town
incur additional costs for engineering services exceeding the amounts
stated herein, the Town Manager may invoice the permittee after giving
reasonable notice and an opportunity to alter the extent of its maintenance
project or improvements, if practical. These fee requirements are
in addition to the various permit fees established by this section
and which altogether or in part may be waived or modified by the Commission
by written resolution, or motion recorded in the journal.
H. Sunday
and holiday work.
(1) No work shall be permitted on Sunday, except in cases of emergency,
and then only to such extent as it is absolutely necessary and with
written permission of the Town Manager. The permit holder shall not
be permitted to work on any days which are legal Town holidays as
designated by the Commission, unless granted permission by the Town
Manager. If a permittee desires to work on any such legal holidays,
permission shall be sought from the Town Manager in writing at least
three days in advance of such holiday. The request shall state the
place where such work is to be conducted.
(2) Work hours. No work shall be performed after 6:00 p.m. or before
7:00 a.m. without prior written approval by the Town Manager.
I. Responsibility
for damages; indemnification, compliance; installation removals.
(1) The permit
holder shall assume all responsibility for damages sustained to persons
or property due to the carrying on of his work, and shall be responsible
for all accidents to persons and property, saving the Town harmless
from all damages resulting from any accidents which may occur to the
construction operations. The permittee is responsible for the repairs
of damages prior to release of any applicable bond. If the Town is
made a party to any action because of the granting of a permit to
the permit holder the permit holder shall be required to pay all costs
and fees incurred by the Town, including the legal fees of the Town
Attorney or other legal counsel.
(2) Any operator,
owner or permittee who owns or operates communications facilities
or communications support structures in the right-of-way shall indemnify,
protect, defend, and hold the Town and its elected officials, officers,
employees, agents, and volunteers harmless against any and all claims,
lawsuits, judgments, costs, liens, losses, expenses, fees to include
reasonable attorney fees and costs of defense, proceedings, actions,
demands, causes of action, liability and suits of any kind and nature,
including personal or bodily injury or death, property damage or other
harm for which recovery of damages is sought, to the extent that it
is caused by the negligence of the operator who owns or operates communications
facilities and communications support services in the right-of-way,
any agent, officer, director, representative, employee, affiliate,
or subcontractor of the operator, or their respective officers, agents,
employees, directors, or representatives while installing, repairing,
or maintaining facilities in the right-of way.
(3) Anything
installed in the Town right-of-way without a permit or in violation
of the terms and conditions of a permit or otherwise is abandoned
shall be removed upon demand by the Town, and the Town shall have
the authority to remove the installation or structure and restore
the right-of-way and charge the cost of the removal and restoration
to the person that caused the installation or disturbance.
(4) If applicable
state, county or federal standards and regulations are amended, the
owners of a communications facility, or communications support structure
governed by this chapter shall bring any facilities and/or structures
into compliance with the revised standards and regulations within
six months of the effective date of the standards and regulations,
unless a different compliance schedule is mandated by the regulating
agency. Failure to bring facilities and/or communications support
structures into compliance with any revised standards and regulations
shall constitute grounds for removal at the owner's expense.
(5) The operator,
owner or permittee shall remove and relocate the permitted improvements,
infrastructure, communications facility and/or support structure at
the operator's sole expense to accommodate construction of a public
improvement project by or for the Town.
J. Compliance
with safety requirements of the Town Manager.
(1) The person or entity to whom a permit is issued pursuant to this
section and any agents, servants and subcontractors shall comply with
all written requirements of the Town Manager directed to the permittee,
either before or during the course of construction or work, which
are deemed necessary in the interest of public safety or for the avoidance
of unnecessary inconvenience to the public during such construction.
(2) The permittee shall have the legal duty to provide for the following,
whether or not included in the written requirements of the Town Manager:
(a) Proper lighting and barricading of excavations or other hazards at
all times;
(b) Adequate access, including snow removal from the road to driveways
and sidewalks abutting occupied residences;
(c) Control of dust conditions, as directed by the inspector;
(d) Correction of muddy or soft subgrade by placement of temporary gravel
or stone thereon;
(e) Prompt removal of any dirt and debris from streets in and adjacent
to the work area during the construction period, as directed by the
inspector;
(f) Other measures, as directed by the inspector or Chief of Police,
to ensure the public safety.
K. Conflict
of laws and waivers. Except as otherwise provided in this section,
in any case where a provision of this chapter is found to be in conflict
with a provision of any road construction, zoning, building, grading,
housing, fire, safety, health or any other ordinance or Code of this
Town, Prince George's County, or the State of Maryland existing
on the effective date of this section, the provision which establishes
the higher standard for the promotion and protection of the health,
safety and welfare of the public shall prevail. The Commission may
expressly grant waivers from the strict application of this section.
L. Approval
of the Planning Commission, Sanitary Commission of Prince George's
County or other entities. If any design for anticipated work covered
by the application for a permit required by this chapter requires
further approval by the Maryland-National Capital Park and Planning
Commission, Washington Suburban Sanitary Commission, "Miss Utility,"
the Maryland Department of the Environment, the Prince George's
County Department of Environmental Resources or the Prince George's
County Soil Conservation District, the applicant shall certify to
the Town that the proposed application for work has been properly
approved by said agencies or entities and that the work shall conform
to all other applicable Town, county, state and federal laws, rules,
regulations and ordinances.
M. Penalties
for violation.
(1) Any person or entity making street improvements or repairs as described
in this section without first obtaining the authorization and permit,
in violation of the provisions of this section, which is declared
to be a misdemeanor, shall, upon conviction thereof, be subject to
a fine of not more than $1,000 or imprisonment of not more than six
months, or both.
(2) The following violations of this section shall be considered municipal
infractions:
(a) Knowingly submitting a false or incomplete permit application;
(b) Failure to respond to a corrective order issued by a Town official
or inspector;
(c) Construction which does not comply with an approved plan, specification
or permit;
(d) Working on work days or during work hours prohibited by this section;
(e) Working during the period of a stop-work order; and
(f) All other violations of provisions of this section.
(3) Except as stated in Subsection
M(1), violations of this section shall be considered a municipal infraction and are subject to the maximum fine for a municipal infraction permitted by the Town Charter. Each day a violation continues is deemed a separate offense and is subject to an additional citation and fine.
(4) In addition to any other fine, penalty, or remedy, a violator may
be required to remove or restore, within five calendar days of the
date of notification of the violation, any structure, alteration,
addition or excavation, erected or commenced, and constituting the
basis of the violation, and if so required, upon expiration of such
five days, each additional day during which that person shall not
have so removed or restored the same, shall constitute a further and
separate violation subject to such fine.
(5) The Town also may correct or abate any such condition, or discrepancy
at the violator's expense and, after obtaining a judgment from
the court, certify any costs thereof to the County Finance Office
to be collected in the same manner as taxes.
N. Administrative
and judicial review.
(1) A decision of the Town Manager or other official of the Town under
this section may be appealed for error to the Cottage City Commission.
(2) Except as stated herein, any person aggrieved by a decision of the
Cottage City Commission with regard to an application for a permit
filed under the provisions of this section and who appeared before
the Cottage City Commission in person, by an attorney, or in writing,
shall have the right to appeal the decision of the Commission to the
Circuit Court for Prince George's County, Maryland under the
provisions of Title 7, Chapter 200, of the Maryland Rules of Procedure.
(3) Denial of a refund of any fee paid to the Town as required by this
chapter may be appealed pursuant to Title 13 of the Tax-General Article
of the Annotated Code of Maryland to the Maryland Tax Court.
(4) The Town shall advise the applicant in writing of its final decision
supported by substantial evidence, findings and conclusions of law.
(5) The provisions of this section are declared separate and severable.
If any clause, sentence, paragraph, subdivision, or portion of this
section or the application thereof to any person or circumstance is
held to be invalid, it shall not affect the validity of the remainder
of this section or the validity of its application to other persons
or circumstances.
It shall be unlawful for any person to break, damage, mutilate
or carry away any lantern, streetlight, barrier, street designation,
fixture, road marker, official sign, or any part of such lantern,
streetlight, official marker or street designation erected for the
regulation and control of traffic, or any other Town property.
It shall be unlawful for any person to play baseball or football
or any other game in which a ball or any other object is batted or
thrown upon the streets or sidewalks of the Town of Cottage City,
Maryland.
The Town shall offer a reward of $25 to any person who gives
information that leads to the conviction of any person for malicious
destruction or vandalism of Town property.
Unless otherwise stated herein, any person, partnership, corporation,
joint-stock company, or syndicate who violates any provision of this
chapter shall be deemed guilty of a municipal infraction and upon
conviction thereof shall be fined in an amount not exceeding $50.
Each day such violation is committed or permitted to continue, shall
constitute a separate offense and shall be punishable as such hereunder.