[Adopted 7-9-2019 by Ord. No. 500]
A. 
Small wireless facility. As used in this section, "small wireless facility" means and refers to:
(1) 
"Small cells," which are low-powered wireless base stations that function like traditional cell sites in a mobile wireless network but typically cover targeted indoor or localized outdoor areas;
(2) 
"DAS" or "distributed antenna systems," which use numerous antennas, commonly known as "nodes," similar in size to small cells and are connected to and controlled by a central hub; and
(3) 
Other similar facilities, systems or devices designed to facilitate a mobile wireless network within a localized area and to be attached to a support structure within sidewalks or public ways or on private property.
B. 
Support structure. As used in this section, "support structure" means and refers to any light pole, utility pole, building wall, rooftop or other structure upon which a small wireless facility is attached.
A. 
Any person desiring to install a small wireless facility, including any support structure, in, upon or over any Town sidewalk or public way shall first obtain a permit from the Commissioners in accordance with this section. Applicants for small wireless facilities to be located on a new support structure in, upon or over a Town sidewalk or public way shall not be issued a permit until and unless the applicant and the Commissioners have negotiated and executed a franchise agreement setting forth the terms and conditions for the applicant's use of the Town's sidewalks and/or public ways, including fair compensation to the Town for such use and, if applicable, lease payments for the use of any Town-owned support structures.
B. 
In addition to the other information required by this section, an applicant for a permit hereunder shall provide the following information:
(1) 
A technical description of the small wireless facility and support structure along with detailed diagrams accurately depicting all components and equipment;
(2) 
A detailed description of the design, location and installation time frame for the small wireless facility and support structure;
(3) 
An engineering certification;
(4) 
A statement describing the applicant's intentions with respect to co-location, with co-location being preferred and more favorably viewed;
(5) 
A statement demonstrating the applicant's ability to comply with all applicable safety standards;
(6) 
In the case of a proposed attachment to a Town-owned support structure located in, upon or over a Town sidewalk or public way, an executed attachment agreement with the Town;
(7) 
In the case of a proposed attachment to a privately owned support structure located in, upon or over a Town sidewalk or public way, an executed attachment agreement with the support structure's owner;
(8) 
A decommissioning plan; and
(9) 
Such other information as the Commissioners may require.
C. 
The applicant shall pay an application fee to the Town upon applying to install a small wireless facility in accordance with this article, in addition to any other fees required by any other provision of the Code of the Town of St. Michaels and in an amount to be specified and amended from time to time by resolution of the Commissioners.
A. 
Small wireless facilities and support structures proposed to be located in, upon or over Town sidewalks or public ways shall meet the following requirements:
(1) 
Small wireless facilities shall only be installed on existing support structures, preferably light poles or utility poles, unless otherwise approved by the Commissioners, in their sole discretion.
(2) 
Any new or replacement support structure installed in, upon or over any Town sidewalk or public way shall:
(a) 
Comply with all applicable structural and safety standards;
(b) 
Not obstruct pedestrian or vehicular flow or sight lines;
(c) 
Including any antennas or other appurtenances, not exceed the average height of the existing street light poles or utility poles within the area extending 500 feet in any direction from the proposed support structure;
(d) 
Be designed to accommodate the co-location of at least one other wireless provider's small wireless facility, to the extent technologically feasible;
(e) 
If metal, be treated or painted with nonreflective paint, and in a way to conform to or blend in with the surroundings; and
(f) 
Comply with such other requirements and conditions as the Commissioners may deem appropriate to impose.
(3) 
Small wireless facilities and support structures shall be located, designed and operated in accordance with all applicable laws and regulations and to minimize visual impact on surrounding properties and from sidewalks and public ways to the maximum extent practicable and shall otherwise comply with such requirements and conditions as the Commissioners may deem appropriate to impose.
(4) 
The proposed location shall not be in an area where there is an overconcentration of small wireless facilities or support structures in, upon or over Town sidewalks or public ways.
(5) 
The location selected and the scale and appearance of the small wireless facility and support structure to be installed shall be consistent with the general character of the neighborhood.
(6) 
If located in the Historic District, the small wireless facility and support structure shall be subject to Historic District Commission review and approval.
(7) 
A small wireless facility and/or support structure shall be lighted only if required by the Federal Aviation Administration, and lighting of equipment shelters and other facilities on site shall be shielded from other properties.
(8) 
The applicant shall provide insurance, bonding and indemnification, in a form and amount acceptable to the Commissioners, to protect the Town and its officials and residents from injury or liability relating to or arising from the proposed small wireless facility and support structure.
(9) 
For small wireless facilities to be located on a new support structure in, upon or over a Town sidewalk or public way, the applicant has entered into a franchise agreement with the Town as required by this article.
(10) 
The small wireless facility, if located in a residential area, does not generate any noise.
B. 
The small wireless facility and support structure shall be used continuously for wireless communications. In the event the small wireless facility and support structure cease to be so used for a period of six months, the Commissioners may revoke any permit granted pursuant to this article. The permit holder shall be responsible for removing the small wireless facility and support structure within 45 days following such revocation. Any portion of the small wireless facility and/or support structure which has not been removed within 45 days following such revocation shall be considered abandoned and may be removed and disposed of by the Town, with all such costs to be the permit holder's sole responsibility.
The Commissioners shall not issue any permit for a small wireless facility when, in their sole judgment, sufficient capacity no longer exists for additional small wireless facilities to be placed in the proposed location without jeopardizing the physical integrity of other small wireless facilities, support structures or other utilities already present in the proposed location or the safe and efficient vehicular or pedestrian use of the sidewalk or public way.
Nothing in this article shall affect or limit the Town's right to charge a separate fee for access to or for the use of Town property, facilities, sidewalks or public ways. Any permit granted pursuant to this section shall be in addition to and not in lieu of any other fee, rent, lease, license or franchise required to occupy or place facilities in or on Town property, facilities, sidewalks or public ways.