As used in this chapter, the following terms shall have the
meanings indicated:
ANTENNA
Communications equipment that transmits and/or receives electromagnetic
radio frequency signals used in the provision of wireless services.
This definition does not apply to broadcast antennas, antennas designed
for amateur radio use, or satellite dishes for residential or household
purposes.
APPLICABLE 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 of Taneytown,
including any amendments adopted by the City of Taneytown, or otherwise
are applicable in the jurisdiction.
APPLICANT
Any person who submits an application under this chapter.
APPLICATION
A written request, on a form provided by the City of Taneytown,
for a permit.
CO-LOCATE
To install or mount a small wireless facility in the public
ROW 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. "Co-location" has a corresponding meaning.
COMMUNICATIONS FACILITY
A.
Collectively, the equipment at a fixed location or locations
within the public ROW that enables communications services, including:
(1)
Radio transceivers, antennas, coaxial, fiber-optic or other
cabling, power supply (including backup battery), and comparable equipment,
regardless of technological configuration; and
(2)
All other equipment associated with any of the foregoing.
B.
A communications facility does not include the pole, tower or
support structure to which the equipment is attached.
COMMUNICATIONS SERVICE
Cable service, as defined in 47 U.S.C. § 522(6);
broadband services, as defined in 47 U.S.C. § 153(24); or
telecommunications service, as defined in 47 U.S.C. § 153(53).
COMPLETED APPLICATION
An application that contains all necessary and required information
and/or data as set forth in this chapter and that is necessary to
enable an informed decision to be made with respect to an application
and action on the application.
DAS or DISTRIBUTIVE ACCESS SYSTEM
A technology using antenna-combining technology allowing
for multiple carriers or wireless service providers to use the same
set of antennas, cabling or fiber-optics.
DECORATIVE POLE
A pole that is specially designed and placed for aesthetic
purposes.
ELIGIBLE FACILITIES REQUEST
An eligible facility request as set forth in 47 CFR 1.4000l(b)(3),
as that section may be amended from time to time.
FACILITY
Wireless transmitting and/or receiving equipment, including
any associated electronics and electronics shelter or cabinet and
generator.
FCC
The Federal Communications Commission of the United States.
HEIGHT
The distance measured from the pre-existing grade level to
the highest point on the tower or support structure, even if said
highest point is an antenna or lightning-protection device. As regards
increasing the height of an existing structure, height means the height
above the top of the structure prior to any work related to a wireless
facility.
LAWS
Collectively, any and all Federal, State, or local law, statute,
common law, code, rule, regulation, order, or ordinance.
MODIFICATION or MODIFY
The addition, removal or change of any of the physical and
visually discernible components or aspects of a wireless facility
with identical components, including but not limited to antennas,
cabling, equipment shelters, landscaping, fencing, utility feeds,
changing the color or materials of any visually discernible components,
vehicular access, parking and/or an upgrade or change-out of equipment
for better or more modern equipment. Adding a new wireless carrier
or service provider to an existing support structure or tower as a
co-location is a modification, unless the height, profile or size
of the compound is increased, in which case it is not a modification.
ORDINARY MAINTENANCE AND REPAIR
Inspections, testing and/or repairs that maintain functional
capacity, aesthetic and structural integrity of a communications facility
and/or the associated support structure, pole or tower, that does
not require blocking, damaging or disturbing any portion of the public
ROW.
PERMIT
A written authorization (in electronic or hard copy format)
to install, at a specified location(s) in the public ROW, a communications
facility, tower or a pole to support a communications facility.
PERMITEE
An applicant that has received a permit under this chapter.
PERSON
An individual, corporation, limited liability company, partnership,
association, trust, or other entity or organization, including a governmental
entity.
POLE
A legally constructed pole, such as a utility, lighting,
traffic, or similar pole made of wood, concrete, metal or other material,
located or to be located within the public right-of-way.
PROVIDER
A communications services provider or a wireless services
provider and includes any person that owns and/or operates within
the public ROW any communications facilities, wireless facilities,
poles built for the sole or primary purpose of supporting communications
facilities.
PUBLIC RIGHT-OF-WAY or PUBLIC ROW
The area on, below, or above property that has been designated
for use as or is used for a public roadway, highway, street, sidewalk,
alley or similar purpose, and for purposes of this chapter shall include
public utility easements.
PUBLIC UTILITY EASEMENT
Unless otherwise specified or restricted by the terms of
the easement, the area on, below, or above a property in which the
property owner has dedicated an easement for use by utilities.
REPAIRS AND MAINTENANCE
The replacement or repair of any components of a wireless
facility or complex where the replacement is in its effect, size and
operation identical to the component being replaced, or for any matters
that involve the normal repair and maintenance of a wireless facility
or complex without the addition, removal or change of any of the physical
or visually discernible components or aspects of a wireless facility
or complex that will impose new visible burdens of the facility or
complex as originally permitted. Any work that changes the services
provided to or from the facility, or the equipment, is not repairs
or maintenance.
REPLACE or REPLACEMENT
In connection with an existing pole, support structure or
tower, to replace (or the replacement of) same with a new structure,
substantially similar in design, size and scale to the existing structure
and in conformance with this chapter and any other applicable City
of Taneytown Code regulations, in order to address limitations of
the existing structure to structurally support Co-location of a communications
facility.
SMALL WIRELESS FACILITY
A wireless facility that meets the following criteria:
A.
The structure on which antenna facilities are mounted:
(1)
Is 30 feet or less in height, including existing antennas; or
(2)
Is not extended to a height of more than 30 feet or by more
than 10% above its preexisting height, whichever is greater;
B.
Each antenna associated with the deployment, excluding the associated
equipment, is not more than three cubic feet in volume;
C.
All other wireless equipment associated with the antenna, including
the provider's preexisting equipment, is cumulatively no more
than 28 cubic feet in volume;
D.
The facility does not require antenna structure registration
under Federal law; and
E.
The facility does not result in human exposure to radiofrequency
radiation in excess of applicable safety standards under Federal law.
STATE
The state of Maryland.
STEALTH or STEALTH SITING TECHNIQUE
A design or treatment that minimizes adverse aesthetic and
visual impacts on the land, property, buildings, and other facilities
adjacent to, surrounding, and in generally the same area as the requested
location of such wireless telecommunications facilities, which shall
mean building the least visually and physically intrusive facility
and complex that is not technologically impracticable under the facts
and circumstances. Stealth technique includes such techniques as:
A.
DAS or its functional equivalent; or
(1)
Camouflage where the tower is disguised to make it less visually
obtrusive and not recognizable to the average person as a wireless
facility or complex.
SUBSTANTIAL MODIFICATION
A change or modification that:
A.
Increases the existing vertical height of the structure; or
B.
Adds an appurtenance to the body of a wireless support structure
that protrudes horizontally from the edge of the wireless support
structure or more than the width of the wireless support structure;
or
C.
Increases the square footage of the existing equipment.
SUPPORT STRUCTURE
A structure in the public ROW other than a pole or a tower
to which a wireless facility is attached at the time of the application.
TOWER
Any structure in the public ROW built for the sole or primary
purpose of supporting a wireless facility. A tower does not include
a pole or a support structure.
WIRELESS FACILITY
The equipment at a fixed location or locations in the public
ROW that enables wireless services. The term does not include coaxial,
fiberoptic or other cabling that is between communications facilities
or poles or that is otherwise not immediately adjacent to or directly
associated with a particular antenna. A small wireless facility is
one type of a wireless facility.
WIRELESS SERVICES
Any wireless services using licensed or unlicensed spectrum,
whether at a fixed location or mobile, provided to the public.
Violation of any of the provisions of this chapter shall be
a municipal infraction punishable with a civil penalty of $150 for
each violation. Each day that a violation occurs or is permitted to
exist by the applicant or provider constitutes a separate offense.
In addition thereto, the City may also seek any and all legal or equitable
remedies available to enforce the provisions of this chapter.
This chapter shall take effect immediately upon its adoption.