Any person desiring to install a small wireless facility, including
any support structure, in, upon or over any Town street or sidewalk
shall first obtain a permit from the Council in accordance with this
article. Applicants for small wireless facilities to be located on
a new support structure in, upon or over a Town street or sidewalk
shall not be issued a permit until and unless the applicant and the
Town have negotiated and executed a franchise agreement setting forth
the terms and conditions for the applicant's use of the Town's streets
and/or sidewalks, including fair compensation to the Town for such
use and, if applicable, lease payments for the use of any Town-owned
support structures.
A. In addition to the other information required by this article, 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 timeframes
for the small wireless facility and support structure;
(3) An engineering certification;
(4) A statement describing the applicant's intentions with respect to
collocation, with collocation being preferred and more favorably viewed;
(5) A statement demonstrating the applicant's ability to comply with
all applicable safety standards;
(7) In the case of a proposed attachment to a Town-owned support structure
located in, upon or over a Town street or sidewalk, an executed attachment
agreement with the Town;
(8) 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;
and
(9) Such other information as the Council may require.
B. The applicant shall pay an application fee to the Town upon applying
to install a small wireless facility in accordance with this article
in an amount to be specified and amended from time to time by resolution
of the Council, in addition to any other fees required by the Town.
Small wireless facilities and support structures proposed to
be located in, upon or over Town sidewalks or public ways shall meet
the following requirements:
A. Small wireless facilities shall only be installed on existing support
structures, preferably light poles or utility poles, unless otherwise
approved by the Council, in its sole discretion.
B. Any new or replacement support structure installed in, upon or over
any Town sidewalk or public way shall:
(1) Comply with all applicable structural and safety standards;
(2) Not obstruct pedestrian or vehicular flow or sight lines;
(3) Including antennae and 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 structure;
(4) Be designed to accommodate the collocation of at least one other
small wireless facility to the extent technologically feasible;
(5) If metal, be treated or painted with nonreflective paint, and in
a way to conform or blend with the surroundings; and
(6) Comply with the design guidelines adopted by resolution of the Council
to the maximum extent practicable, along with such other requirements
and conditions as the Council may deem appropriate to impose.
C. 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 and shall otherwise comply with such requirements
and conditions as the Council may deem appropriate to impose.
D. The proposed location shall not be in an area where there is an over-concentration of small wireless facilities or support structures as noted in Chapter
155.
E. 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. Applicants should
follow the Leonardtown Small Cell Design Guidelines to the maximum
extent practicable.
F. 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.
G. The applicant shall provide insurance, bonding and indemnification,
in a form and amount acceptable to the Council, 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.
H. For small wireless facilities to be located on a new support structure
in, upon or over a Town sidewalk or street, the applicant has entered
into a franchise agreement with the Town as required by this article.
I. The small wireless facility and support structure shall be used continuously
for wireless communications and maintained in good condition. In the
event the small wireless facility and support structure cease to be
so used or maintained for a period of six months, the Council 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.
J. Small wireless facilities are discouraged in residential areas; however,
any small wireless facility located in a residential area shall not
generate any noise.
The Council shall not issue any permit for a small wireless
facility when, in its sole judgement, 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.