[HISTORY: Adopted by the Mayor and Council of the City of
Aberdeen 5-6-2019 by Ord. No. 19-O-05. Amendments noted where applicable.]
A.
In general.
(1)
This chapter authorizes only the installation of small wireless facilities
in the City rights-of-way. Unless exempted, every person who desires
to place a small wireless facility in a City right-of-way, including
deployment of personal wireless service infrastructure, or to modify
an existing small wireless facility, including without limitation
for the:
(2)
Must obtain a wireless placement permit authorizing the placement
or modification.
B.
Exemptions. The following are exempted from the requirements of this
chapter:
(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 telecommunications 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 the 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 chapter.
(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.
(5)
A micro wireless facility strung between two utility poles and provided
further that the installation does not require replacement of the
strand or excavation, modification or replacement of the utility poles.
C.
Other applicable requirements. In addition to the wireless telecommunications
permit required by this chapter, 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.
D.
Public use. Except as otherwise provided by Maryland law, any use
of a right-of-way authorized pursuant to this chapter is subordinate
to the City's use and use by the public.
The terms used in this chapter 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 City. The term includes the regulations of the Federal Communications
Commission and the Occupational Safety and Health Administration as
well as any City or Harford County standards or regulations governing
the use of rights-of-way.
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.
Base station shall has the same meaning as in 47 C.F.R. Section
1.40001.
A document that is required from and issued by the City confirming
that all work described in the application, as approved:
Was properly permitted, including, without limitation, all required
permits for building, electrical work, street or curb cutting, and
excavation;
Was done in compliance with and fulfillment of all conditions
of all permits, including all stated deadlines;
Was fully constructed and/or placed as approved and permitted;
and
Was finally inspected by the City, and was approved by the City
after the final inspection.
To install or mount a small wireless facility in the public
right-of-way 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 chapter and to comply with all applicable standards. The
work may include, but is not limited to, repair, rearrangement, replacement
and construction of pole; 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 right-of-way includes any portion of any street,
road or public way which the City has the responsibility to maintain
or manage.
A small wireless facility is a wireless telecommunications
facility. Consistent with Code of Federal Regulations, Subpart U,
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:
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) are cumulatively no more than 28 cubic feet in volume; and
The facility does not require antenna structure registration;
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 right-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 chapter 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 chapter.
An entity that provides wireless services to end users.
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.
A.
Generally. Wireless telecommunications facilities shall meet the
minimum requirements set forth in this chapter and any wireless regulations
approved by the City 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 or on City property shall, at a minimum, ensure
that the requirements of this section are satisfied, unless it is
determined that 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 shall be installed
and modified in a manner that:
(1)
Minimizes risks to public safety, avoids placement of above ground
facilities in underground areas, avoids installation of new support
structures or equipment cabinets in the public rights-of-way, 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)
Unless approved by the City, any wireless telecommunications facility
must be located no closer than:
(4)
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 legal uses of the public rights of way or public
assets by others, 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.
(5)
Ensures that location of facilities on existing poles or structures
is within the tolerance of those poles or structures.
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 impact.
(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.
(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 Communication
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.
(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 to 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.
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 City Manager or designee.
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; detailed site plans showing the location of the wireless telecommunications
facility; 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 radio frequency radiation emission standards adopted
by the Federal Communications Commission; 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.
(3)
An application for modification of an eligible support structure
must contain information sufficient to show that the application qualifies
under of 47 C.F.R. Section 1.40001. The application must relate to
an existing wireless telecommunications facility that has been approved
by the City pursuant to this chapter. 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 City Manager. Applications must contain all
information required by this section and by any wireless regulations
to demonstrate that 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 may not 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.
(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.
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.
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.
E.
As part of the permit process, the City may require a wireless telecommunications
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.
F.
Waivers. Requests for waivers from any requirement of this chapter
shall be made in writing to the City Manager or designee. The City
Manager or designee 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.
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 the engineer's actual inspections,
in the engineer's opinion and to the best of the engineer's
knowledge, meets the requirements of the approved plan documents,
this chapter 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 a permit. A wireless telecommunications
facility installed without a wireless permit (except for those exempted
by this chapter) 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
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 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.
A.
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.
B.
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.
A.
A wireless infrastructure provider shall be required to promptly:
(1)
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.
(2)
Remove and relocate the permitted small wireless 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 wireless 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 wireless 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 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 wireless facilities
and/or wireless support structure, or portion thereof.
(3)
At its sole cost and expense, promptly disconnect, remove, or relocate
the applicable small wireless 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 wireless 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
wireless 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
wireless 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 telecommunications
facility located on a public right-of-way.
B.
A wireless infrastructure provider shall remove a wireless telecommunications
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 telecommunications facility
has been abandoned in place, the City may remove the facility and
invoice the wireless infrastructure provider for the actual and documented
cost incurred by the City for removal.
D.
Until a wireless telecommunications facility that is located on 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 the facility is operational.
A.
The City may require a surety bond 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.
The following enumerations are the current fees and charges
payable under this chapter.
A violation of any provision of this chapter shall constitute
a municipal infraction and is subject to a fine of $100. Each day
that a violation continues is a separate offense.