The terms used in this chapter shall have the following meanings:
ANTENNA
An apparatus designed to emit radio frequency (RF) and operate
from a fixed location to provide wireless services.
ANTENNA EQUIPMENT
Equipment, switches, wiring, cabling, power sources, shelters
or cabinets associated with an antenna, located at the same fixed
location as the antenna, and, when collocated on a structure, is mounted
or installed at the same time as such antenna.
APPLICABLE LAWS/CODES
Uniform Building, Fire, Safety, Electrical, Plumbing, or
Mechanical codes adopted by a recognized national code organization
to the extent such codes have been adopted by the City, including
any amendments adopted by the City, or otherwise are applicable in
the 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.
APPLICANT
A person filing an application for placement or modification
of a wireless telecommunications facility in the rights-of-way.
APPLICATION
A formal request, including all required and requested documentation
and information submitted by an applicant to the City for a wireless
placement permit.
BASE STATION
Base station shall has the same meaning as in 47 C.F.R. Section
1.40001.
CERTIFICATE OF COMPLETION
A document that is required from and issued by the City confirming
that all work described in the application, as approved:
A.
Was properly permitted, including, without limitation, all required
permits for building, electrical work, street or curb cutting, and
excavation;
B.
Was done in compliance with and fulfillment of all conditions
of all permits, including all stated deadlines;
C.
Was fully constructed and/or placed as approved and permitted;
and
D.
Was finally inspected by the City, and was approved by the City
after the final inspection.
COLLOCATE
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.
MAKE-READY WORK
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.
MICRO WIRELESS FACILITY
A small wireless facility having dimensions no larger than
24 inches in length, 15 inches in width and 12 inches in height and
an exterior antenna, if any, no longer than 11 inches.
RIGHT-OF-WAY
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.
SMALL WIRELESS FACILITY
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:
A.
The structure on which antenna facilities are mounted:
(1)
Is 50 feet or less in height, or
(2)
Is no more than 10% taller than other adjacent structures, or
(3)
Is not extended to a height of more than 10% above its preexisting
height as a result of the collocation of new antenna facilities; and
B.
Each antenna (excluding associated antenna equipment) is no
more than three cubic feet in volume; and
C.
All antenna equipment associated with the facility (excluding
antennas) are cumulatively no more than 28 cubic feet in volume; and
D.
The facility does not require antenna structure registration;
E.
The facility does not result in human exposure to radiofrequency
radiation in excess of the applicable safety standards specified by
federal law.
TOWER
Any structure built for the sole or primary purpose of supporting
any FCC-licensed or authorized antennas and their associated facilities,
including structures that are constructed for wireless communications
services, including, but not limited to, private, broadcast, and public
safety services, as well as unlicensed wireless services and fixed
wireless services such as microwave backhaul, and the associated site.
This definition does not include utility poles.
UTILITY POLE
A structure in the right-of-way designed to support electric,
telephone and similar utility lines. A tower is not a utility pole.
WIRELESS INFRASTRUCTURE PROVIDER
A person that owns, controls, operates or manages a wireless
telecommunication facility or portion thereof within the right-of-way.
WIRELESS PERMIT
A permit issued pursuant to this 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.
WIRELESS TELECOMMUNICATIONS FACILITY, OR FACILITY
Equipment at a fixed location that enables wireless communications
between user equipment and a communications network including without
limitation radio transceivers, antennas, base station, underground
wiring, coaxial or fiber-optic cable, regular and backup power supplies,
and comparable equipment, regardless of technological configuration.
The City may negotiate agreements for use of City-owned or -controlled
light standards and traffic signals in the public rights-of-way for
placement of wireless telecommunications facilities on those structures.
The agreement shall specify the compensation to the City for use of
the structures. The person seeking the agreement shall additionally
reimburse the City for all costs the City incurs in connection with
its review of, and action upon, the person's request for an agreement.
The following enumerations are the current fees and charges
payable under this chapter.
A. Application fee: Wireless telecommunications facilities and related
overhead and underground wiring, cable, hoses, pipes and similar facilities:
(1) Up to five facilities: $500.
(2) Each additional facility: $100.
(4) Actual cost to review applications, if in excess of set fees.
B. Access fee: $270 per small wireless facility per year.
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.