[Adopted 2-26-2019 by Ord. No. O-04-2019]
A. 
The installation of wireless facilities and support structures in a City right-of-way shall require a permit under this article. No permit shall be issued with respect to the installation of wireless facilities or support structures in, on or over any City street, sidewalk, or right-of-way unless and until the permit applicant and the City have negotiated and executed a franchise or right-of-way use agreement setting forth the terms and conditions, including fair compensation to the City for applicants' use of City rights-of-way and, where applicable, lease payments for the use of any City-owned poles or facilities.
B. 
In addition to the other information required by this article, an application for such a permit shall submit the following information pertaining to particular sites or a proposed deployment:
(1) 
A technical description of the proposed facilities, along with detailed diagrams accurately depicting all proposed facilities and support structures;
(2) 
A detailed deployment plan describing cnstruction planned for the twelve-month period following the issuance of the permit and a description of the completed deployment;
(3) 
An engineering certification relating to the proposed construction signed by a professional engineer licensed in Maryland;
(4) 
A statement describing the applicant's intentions with respect to co-location;
(5) 
A statement demonstrating the permittee's duty to comply with applicable safety standards for the proposed activities in the City rights-of-way;
(6) 
In the case of a proposed attachment to a City-owned facility located in the City rights-of-way, an executed attachment agreement with the City;
(7) 
In the case of a proposed attachment to an investor-owned utility pole in the rights-of-way, an executed attachment agreement with the utility pole owner; and
(8) 
Such other information as the City Manager may require.
C. 
The applicant shall pay a processing fee to the City at the time an application to install wireless facilities in a public right-of-way is made, in addition to any other fees required by this article or by this Code generally. The amount of the fee shall be set by the City Council.
A. 
Wireless facilities and support structures proposed to be located on streets, sidewalks or other rights-of-way in the City shall meet the following requirements:
(1) 
Absent a special finding by the City Council:
(a) 
Wireless facilities may only be installed on existing utility poles or light poles; and
(b) 
Only entities authorized by the Maryland Public Service Commission pursuant to Maryland Code Annotated, Public Utilities Article, §§ 5-410 and 8-103, as amended from time to time, may erect new poles in the City's right-of-way, and only then for the purpose of supporting telephone lines to provide telephone service.
(2) 
Any new pole, including a replacement pole, installed in City rights-of-way to support wireless facilities shall:
(a) 
Comply with all structural and safety standards specified by the City of Glenarden;
(b) 
Not obstruct pedestrian or vehicular traffic flow or sight lines;
(c) 
Not exceed the average height of the existing street light poles or utility poles within the area extending 1,000 feet in any direction of the proposed structure;
(d) 
Shall be designed to accommodate the co-location of at least three different wireless providers' antennas and related equipment;
(e) 
If metal, be treated or painted with nonreflective paint and in a way to conform to or blend into the surroundings; and
(f) 
Comply with such other requirements and conditions as the City Council may conclude are appropriate to impose.
(3) 
Any wireless facilities installed on a pole or any other structure in the rights-of-way shall:
(a) 
Have an equipment box or boxes no greater in collective size than 17 cubic feet in volume with no one side/dimension exceeding 4.25 feet;
(b) 
Have panel antennas no greater than two feet in height and omni/dome antennas no greater than four feet in height and no wider than three feet in diameter;
(c) 
Have no more than three panel antennas per pole and no more than one omni/dome antennas per pole;
(d) 
Have microwave dishes no greater than two feet in diameter, with no more than three microwave dishes per pole;
(e) 
Be located and designed, including materials, color, and texture, so as to minimize visual impact on surrounding properties and as seen from the streets and sidewalks; and
(f) 
Comply with such other requirements and conditions as the City Council may conclude are appropriate to impose.
B. 
Wireless facilities and support structures proposed to be located on streets, sidewalks or other rights-of-way in the City may be permitted upon a finding by the City Council that:
(1) 
The application complies with all standards and requirements set forth in § 142-27A;
(2) 
The location selected in the application is not in an area where there is an overconcentration of poles or other facilities in, on or over the streets, sidewalks or other rights-of-way;
(3) 
The location selected, and scale and appearance of the wireless facilities and support structures to be installed, are consistent with the general character of the neighborhood;
(4) 
The applicant has agreed to and provided adequate insurance, bonding and indemnification to protect the City and its residents from injury or liability relating to or arising from the proposed facilities and structures;
(5) 
The applicant has entered into the franchise or right-of-way use agreement with the City required by § 142-26A; and
(6) 
The wireless facilities, if located in a residential area, do not generate any noise.
No permit shall be issued with respect to any City street, sidewalk, or right-of-way where, in the judgment of the City Council, sufficient capacity no longer exists for additional facilities to be placed in the proposed location without jeopardizing the physical integrity of utilities or other facilities already present in the proposed location, or the safe and efficient vehicular or pedestrian use of the street, sidewalk, or right-of-way.
Violations of Article VI of this chapter shall be municipal infractions subject to the maximum penalties set forth in Maryland Code, § 6-101 et seq., of the Local Government Article and as amended. Nothing herein shall prevent the City of Glenarden from seeking all relief available under the law with respect to any violation of Article VI, including, but not limited to, seeking injunctive and declaratory relief.