[HISTORY: Adopted by the Mayor and Council of the City of
Seat Pleasant as indicated in article histories. Amendments noted
where applicable.]
[Adopted 1-7-2019 by Ord.
No. O-19-03; amended in its entirety 4-1-2019 by Ord. No. O-19-09]
A.
Purpose. The purpose of this article is to establish policies and
procedures for the placement of small wireless facilities in the right-of-way
within the City's jurisdiction, which will provide public benefit
consistent with the preservation of the integrity, safe usage, and
visual qualities of the City rights-of-way and the City as a whole.
B.
Intent. In enacting this article, the City is establishing uniform
standards to address the placement of small wireless facilities in
the rights-of-way, including, without limitation, to:
(1)
Prevent interference with the use of streets, sidewalks, alleys,
parkways and other public ways and places;
(2)
Prevent the creation of visual and physical obstructions and other
conditions that are hazardous to vehicular and pedestrian traffic;
(3)
Prevent interference with the facilities and operations of facilities
lawfully located in rights-of-way or on public property;
(4)
Protect against environmental damage, including damage to trees;
(5)
Preserve the character of the neighborhoods in which facilities are
installed; and
(6)
Facilitate rapid deployment of small cell facilities to provide the
benefits of advanced wireless services.
C.
Conflicts with other chapters. This article supersedes all chapters
or parts of chapters adopted prior hereto that are in conflict herewith,
to the extent of such conflict.
As used in this chapter, the following terms shall have the
meanings indicated:
Communications equipment that transmits or receives electromagnetic
radio frequency signals used in the provision of wireless services.
Uniform building, fire, electrical, plumbing, or mechanical
codes adopted by a recognized national code organization or local
amendments to those codes enacted solely to address imminent threats
of destruction of property or injury to persons to the extent not
inconsistent with the terms of this article.
Any person who submits an application and is a wireless provider.
A request submitted by an applicant:
A utility pole owned, managed or operated by the City or any
subdivision thereof or any instrumentality of the same, including
municipal electric utilities, in the rights-of-way, including a utility
pole; and
A pole or similar structure owned, managed or operated by the
City in the ROW that supports only wireless facilities.
To install, mount, maintain, modify, operate, or replace
wireless facilities on or adjacent to a wireless support structure
or utility pole. "Co-location" has a corresponding meaning.
Calendar day.
A pole that is specially designed and placed for aesthetic
purposes and on which no appurtenances or attachments, other than
a small wireless facility or specially designed informational or directional
signage or temporary holiday or special events attachments, have been
placed or are permitted.
A one-time charge.
A group of buildings, properties, or sites that are either listed in the National Register of Historic Places or formally determined eligible for listing by the keeper of the National Register, the individual who has been delegated the authority by the federal agency to list properties and determine their eligibility for the National Register in accordance with Section VI.D.1a.i-v of the Nationwide Programmatic Agreement codified at 47 CFR Part 1, Appendix C.
A small wireless facility that meets the following qualifications:
A written authorization required by the City to perform an
action or initiate, continue, or complete a project.
An individual, corporation, limited liability company, partnership,
association, trust, or other entity or organization, including the
City.
A recurring charge.
The area on, below, or above a public roadway, highway, street,
sidewalk, alley, utility easement, or similar property, but not including
a federal interstate highway.
A wireless facility that meets both of the following qualifications:
Each wireless provider's antenna could fit within an enclosure
of no more than six cubic feet in volume; and
All other wireless equipment associated with the facility is
cumulatively no more than 28 cubic feet in volume. The following types
of associated ancillary equipment are not included in the calculation
of equipment volume: electric meter, concealment elements, telecommunications
demarcation box, grounding equipment, power transfer switch, cut-off
switch, and vertical cable runs for the connection of power and other
services.
That, by virtue of engineering or spectrum usage, the proposed
placement for a small wireless facility, or its design or site location,
can be implemented without a reduction in the functionality of the
small wireless facility.
A pole or similar structure that is or may be used in whole
or in part by or for wireline communications, electric distribution,
lighting, traffic control, signage, or similar function, or for co-location
of small wireless facilities, provided such term shall not include
wireless support structures or electric transmission structures.
Any person, including a person authorized to provide telecommunications
service in the state, that builds or installs wireless communication
transmission equipment, wireless facilities or wireless support structures,
but that is not a wireless services provider.
A wireless infrastructure provider or a wireless services
provider.
Any services, whether at a fixed location or mobile, provided
using wireless facilities.
A person who provides wireless services.
A structure, such as a monopole; tower, either guyed or self-supporting;
billboard; building; or other existing or proposed structure, designed
to support or capable of supporting wireless facilities, other than
a structure designed solely for the co-location of small wireless
facilities. Such term shall not include a utility pole.
A.
Permitted use. Co-location of a small wireless facility or a new or modified utility pole for the co-location of a small wireless facility shall be a permitted use subject to the restrictions in § 70-5.
B.
Permit required. No person shall place a small wireless facility
in the rights-of-way without first filing a small wireless facility
application and obtaining a permit therefor, except as otherwise provided
in this article.
C.
Permit application. All small wireless facility applications for
permits filed pursuant to this article shall be on a form, paper or
electronic, provided by the City. The applicant may designate portions
of its application materials that it reasonably believes contain proprietary
or confidential information as "proprietary" or "confidential" by
clearly marking each page of such materials accordingly.
D.
Application requirements. The small wireless facility permit application
shall be made by the wireless provider or its duly authorized representative
and shall contain the following:
(1)
The applicant's name, address, telephone number, and e-mail address;
(2)
The names, addresses, telephone numbers, and e-mail addresses of
all consultants, if any, acting on behalf of the applicant with respect
to the filing of the application.
(3)
A complete description of the proposed wireless facility and the
work that will be required to install or modify it, including, but
not limited to, detail regarding proposed excavations, if any; detailed
site plans showing the location of the wireless telecommunications
facility, and specifications for each element of the wireless telecommunications
facility, clearly describing the site and all structures and facilities
at the site before and after installation or modification; 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-degree photo simulations must be provided. The electronic version
of an application must be in a standard format that can be easily
uploaded on a web page for review by the public. It shall also include
the purposes and intent of the small wireless facility.
(4)
An application for modification of an eligible support structure
must contain information sufficient to show that the application qualifies
under of 47 CFR 1.40001.[1] The application must relate to an existing wireless telecommunications
facility that has been approved by the City pursuant to this article.
Before and after 360-degree photo simulations must be provided with
detailed specifications demonstrating that the modification does not
substantially change the physical dimensions of the existing approved
structure.
[1]
Editor's Note: 47 CFR 1.40001 was redesignated as 47 CFR 1.6100
by 83 FR 51886.
(5)
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 in any wireless regulations to
demonstrate that the applicant is entitled to the permit requested.
The applicant must provide any information upon which it relies in
support of a claim that denial of the application would prohibit or
effectively prohibit the provision of service in violation of federal
law or otherwise violate applicable law. Applicants are not permitted
to supplement this showing if doing so would prevent the City from
complying with any deadline for action on an application.
(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.
(8)
Payment of any required fees.
(9)
Before a permit is issued, concurrent agreement to any required franchise
or license agreement must be provided.
E.
Routine maintenance and replacement.
(1)
An application may not be required, in the sole discretion of the
City on a case-by-case basis, for:
(a)
Routine maintenance;
(b)
The replacement of a small wireless facility with another small
wireless facility that is substantially similar or the same size or
smaller in size and weight, and height; and
(c)
The installation, placement, maintenance, operation, or replacement
of micro wireless facilities that are strung on cables between existing
utility poles, in compliance with the National Electrical Safety Code.
(2)
The City may, however, require a permit to work within the ROW for such activities, if applicable. Any such permits shall be subject to the requirements provided in Subsections C and D. In any event, the City reserves the right to require an application for any work described in this section if it determines it is in the best interest of the health, safety and welfare of the public.
F.
Information updates. Any amendment to information contained in a
permit application shall be submitted in writing to the City within
30 days after the change necessitating the amendment.
G.
Application fees. Application fees shall be subject to the following
requirements:
(1)
Unless otherwise provided by law, all applications for permits pursuant
to this article shall be accompanied by a fee for actual, direct,
and reasonable costs incurred by the City related to processing 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.
(2)
The application fee for the installation, modification or replacement of a utility pole that is a permitted use in accordance with the specifications in § 70-5 shall be established by the City.
(3)
An application fee for the installation of a new utility pole associated with a small wireless facility that is not a permitted use in accordance with the specifications in § 70-3 shall be established by the City.
(4)
In addition to the permit required herein, the placement of a utility
pole or wireless facility in the public rights-of-way requires the
persons who will 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.
A.
Review of small cell facility applications.
(1)
The City shall review the application for a small wireless facility
permit in light of its conformity with applicable regulations of this
article and shall issue a permit on nondiscriminatory terms and conditions,
subject to the following requirements:
(a)
Applications will be processed in conformity with state, local
and federal law, as amended. Currently, the FCC has required that
such applications be processed within 60 days of receipt of a completed
application for facilities that will be co-located on preexisting
structures and 90 days for new construction. If an application is
incomplete, it may be rejected for incompleteness. Notices of incompleteness
shall be provided in conformity with state, local and federal law.
If such an application is incomplete, it may be rejected by a written
order specifying the material omitted from the application, or the
City may notify the applicant of the material omitted and provide
an opportunity to submit the missing material. The time imposed by
federal, state or local law for the processing of an application does
not begin to run until an application is complete.
(2)
The City may deny a proposed co-location of a small wireless facility or installation, modification or replacement of a utility pole for the co-location of a small wireless facility that meets the requirements in § 70-5 if the proposed small wireless facility:
(a)
Interferes with the safe operation of traffic control equipment
as determined by the City;
(b)
Interferes with sight lines or clear zones for transportation
or pedestrians as determined by the City;
(c)
Materially interferes with the Americans with Disabilities Act
or similar federal or state standards regarding pedestrian access
or movement;
(d)
Fails to comply with applicable codes;
(e)
Does not comply with the provisions in this article;
(f)
Will not be in the best interests of the City as determined
by the City; or
(g)
Will alter the aesthetic character of the surrounding community
as determined by the City.
A.
Standards. Wireless facilities shall be installed and modified in
a manner that:
(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, 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,
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)
Does not interfere with the safe operation of traffic control equipment
as determined by the City.
(6)
Does not Interfere with sight lines or clear zones for transportation
or pedestrians as determined by the City.
(7)
Does not materially interfere with the Americans with Disabilities
Act or similar federal or state standards regarding pedestrian access
or movement.
(8)
Fails to comply with applicable codes.
(9)
Does not comply with the provisions in this article.
(10)
Will not be in the best interests of the City as determined by the
City.
(11)
Will alter the aesthetic character of the surrounding community as
determined by the City.
B.
Concealment.
(1)
Permits for wireless 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:
(a)
Antennas located at the top of support structures shall be incorporated
into the structure or placed within shrouds of a size such that the
antennas appear to be part of the support structure.
(b)
Antennas placed elsewhere on a support structure shall be integrated
into the structure or be designed and placed to minimize visual impacts.
(c)
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.
(d)
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.
(e)
Ground-mounted equipment associated with a wireless 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.
(f)
No permit shall be issued or effective unless it is shown that
the wireless 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 a
treated as a material violation of the terms of any permit or lease.
(g)
No wireless support structure shall be permitted in the public
rights-of-way, and no wireless telecommunications facilities shall
be permitted aboveground in underground areas, provided that the City
may permit placements where all elements of the wireless telecommunications
facility are concealed and the facility does not appear to a casual
observer to be a wireless telecommunications facility.
(h)
No permit shall issue except to wireless providers with immediate
plans for use of the proposed wireless facility or wireless infrastructure
providers with contracts with wireless service providers which require
the wireless provider immediately to use the proposed wireless facility.
(i)
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 facility is permitted in rights-of-way
in alleys.
(2)
No wireless telecommunications facility is permitted in any local
historic district without the approval of the Prince George's County
Historic Preservation Commission.
C.
Maximum size of permitted use. Small wireless facilities, and new
or modified utility poles for the co-location of small wireless facilities,
may be placed in the rights-of-way as a permitted use, subject to
the following requirements:
(1)
Each new or modified utility pole installed in the rights-of-way
shall not exceed the greater of:
D.
Zoning. Any wireless provider that seeks to install, modify, operate
or replace a utility pole in the rights-of-way that exceeds the height
or size limits contained in this section shall be subject to applicable
zoning requirements.
E.
Underground district. In areas designated solely for underground
or buried cable and utility facilities, the City may allow replacement
of City poles in the designated area. The wireless provider is permitted
to seek a waiver of the undergrounding requirements for the placement
of a new utility pole to support small wireless facilities.
F.
Historic district. The City may require reasonable, technically feasible,
nondiscriminatory and technologically neutral design or concealment
measures in an historic district. Any such design or concealment measures
may not have the effect of prohibiting any provider's technology,
nor may any such measure be considered part of the small wireless
facility for purpose of the size restrictions in the definition of
"small wireless facility."
A.
Authority granted; no property right or other interest created. A
permit from the City authorizes an applicant to undertake only certain
activities in accordance with this article and does not create a property
right or grant authority to the applicant to impinge upon the rights
of others who may already have an interest in the rights-of-way.
B.
Permit duration. A permit granted pursuant to this section shall
be completed within one year of the permit issuance date, unless the
City and applicant agree to extend this period due to delay caused
by the lack of commercial power or communications facilities. Subject
to applicable relocation requirements, the permit is valid for a period
of five years and may be renewed by the City for an equivalent duration
so long as the wireless provider is in compliance with the other requirements
in this article and determined to be in the best interests of the
City as determined by the City. A permit holder must either remove
the wireless telecommunications facility upon expiration (provided
that removal of support structures owned by 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
facility cannot be reduced. The wireless facility must remain in place
until it is acted upon by the City and any appeals from the City's
decision are exhausted.
A.
Notice. Within 90 days' following written notice from the City, a
wireless provider shall, at its own expense, protect, support, temporarily
or permanently disconnect, remove, relocate, change or alter the position
of any small wireless facilities within the rights-of-way whenever
the City has determined that such removal, relocation, change or alteration
is reasonably necessary for the construction, repair, maintenance,
or installation of any City improvement in or upon, or the operations
of the City in or upon, the rights-of-way. If the wireless provider
fails to protect, support, temporarily or permanently remove, relocate,
change or alter the position of any small wireless facilities, the
City may take any and all actions necessary to perform the work and
charge the wireless provider for the costs associated therewith, including
legal fees, if any.
B.
Emergency removal or relocation of facilities. The City retains the
right and privilege to cut or move any small wireless facility located
within the rights-of-way of the City as the City may determine to
be necessary, appropriate or useful in response to any public health
or safety emergency. If circumstances permit, the City shall notify
the wireless provider and provide the wireless provider an opportunity
to move its own facilities prior to cutting or removing a facility
and shall notify the wireless provider after cutting or removing a
small wireless facility.
C.
Abandonment of facilities. Upon abandonment of a small wireless facility
within the rights-of-way of the City, the wireless provider shall
notify the City within 90 days. Following receipt of such notice,
the City may direct the wireless provider to remove all or any portion
of the small wireless facility if the City, or any of its departments,
determines that such removal will be in the best interest of the public
health, safety and welfare.
D.
Damage and repair. The City may require a wireless provider to repair
all damage to the rights-of-way caused by the activities of the wireless
provider and return the rights-of-way to their functional equivalence
before the damage. If the wireless provider fails to make the repairs
within 45 days' after written notice, the City may effect those repairs
and charge the applicable party the reasonable, documented cost of
such repairs.
E.
Termination in event of breach.
(1)
A permit may be revoked for failure to comply with the conditions
of the permit, franchise, license or applicable law. Upon revocation,
the wireless telecommunications facility must be removed within 30
days' of written notice, provided that removal of a support structure
owned by the City, a utility, or another entity authorized to maintain
a support structure in the right-of-way need not be removed, but must
be restored to its prior condition, except as specifically permitted
by the City. All costs incurred by the City in connection with the
revocation and removal shall be paid by entities who own or control
any part of the wireless facility.
(2)
A wireless facility installed without a permit (except for those
exempted by this article) must be removed within 30 days' of written
notice, provided that removal of a support structure owned by the
City, a utility, or another entity authorized to maintain a support
structure in the right-of-way need not be removed, but must be restored
to its prior condition, except as specifically permitted by the City.
All costs incurred by the City in connection with the revocation and
removal shall be paid by entities who own or control any wireless
facilities.
A.
Annual rate. A wireless provider authorized to place small wireless
facilities in the rights-of-way shall be required to pay to the City
a rate or fee, as established by the City, for the use of the rights-of-way
for small wireless facilities or associated utility poles on an annual
basis.
A.
Co-location on City poles. Small wireless facilities may be co-located
on City poles pursuant to this article. No person will be permitted
an exclusive arrangement to attach to City poles.
B.
Annual rate. The annual rate for co-location of a small wireless
facility on a City pole in the right-of-way shall be determined by
the City. Such compensation, together with the application fee and
the rights-of-way fee specified in this article, shall be the sole
compensation that the wireless provider shall be required to pay the
City.
