Town of Sykesville, MD Public Utilities

Are mounted on structures 50 feet or less in height, including their antennas; or

Are mounted on structures no more than 10% taller than other adjacent structures; or

WIRELESS INFRASTRUCTURE PROVIDER

Do not extend existing structures on which they are located to a height of more than 50 feet or by more than 10%, whichever is greater;

Each antenna associated with the deployment, excluding associated antenna equipment, is no more than three cubic feet in volume;

All other wireless equipment associated with the structure, including the wireless equipment associated with the antenna and any pre-existing associated equipment on the structure, is no more than 28 cubic feet in volume; and

The facilities do not require antenna structure registration under federal law.

SUPPORTING STRUCTURE

A vertical structure, including a pole, tower, or building, capable of supporting a base station.

TOWER

Any supporting structure greater than 50 feet in height, built for the sole or primary purpose of supporting any FCC-licensed or -authorized antennas (and related facilities), including supporting structures that are constructed for FCC-licensed or -authorized wireless communications, 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, "Tower" does not include 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 FACILITY

A facility at a fixed location used in the provision of personal wireless services, consisting of the base station, the supporting structure to which the base station is attached (if any), and appurtenant facilities at or near the base station and necessary to its operation, including but not limited to electric meters and disconnects.

A person that owns, controls, operates, or manages a wireless telecommunication facility or portion thereof within the right-of-way.

WIRELESS SERVICE PROVIDER

Any entity that provides wireless services to end users.

§ 140-12 Purpose and intent.

In general.

This article establishes conditions of occupancy and construction for all users of the Town's right-of-way, including those seeking to perform work, excavation, or provision of services, or to install, construct, maintain, or repair a facility, including poles, utility poles, wires, equipment, or fixtures of any kind by any person, including but not limited to public service companies, adjacent landowners, and entities that the Town may permit to place or maintain a permanent facility in the right-of-way, including but not limited to providers of cable services and providers of personal wireless services.

This article recognizes the Town's primary role as the chief steward of the right-of-way located within the Town. It further recognizes the Town's duty to its citizens to manage the right-of-way and any incursions into the right-of-way, which is intended for use by the public for transportation of pedestrians and vehicles, while recovering the costs of doing so. Finally, it recognizes the Town's desire to minimize disruption, visual impact, and inconvenience to the public, to preserve the public health, safety and welfare, and to ensure compliance with all applicable Town, county, state, and federal laws.

Types of users. Except as otherwise provided in this article, this article is applicable to any applications for placement, attachment, construction, reconstruction, repairs, or maintenance of any facility, including but not limited to those serving or providing telephone, communications, cable, electric, natural gas, water and sewer, or any other utility or utility service provider.

Existing users. This article applies to installation of any and all facilities, including poles, wires, equipment or any fixtures of any kind by any person within a Town-controlled right-of-way, but shall not be applied to create any conflict with applicable federal or state law or applicable and enforceable agreements or easements, including but not limited to the following:

Maryland Code, Public Utilities Article § 1-101 et seq., as applied to gas companies that are natural gas providers;

Maryland Code, Public Utilities Article § 1-101 et seq., as applied to electric companies and electrical cooperatives that are electrical providers;

Maryland Code, Public Utilities Article § 1-101 et seq., as applied to water companies that are water providers;

The terms of any existing valid, enforceable franchise agreement between the Town and any person; and

Any applicable and enforceable utility easement owned by the applicant.

Public use. Except as otherwise provided by federal and Maryland law, any use of the right-of-way by any user will be subordinate to the Town's use and use by the public. The Town expressly reserves the right to exercise its powers as to the use, management, and control of the right-of-way.

Wireless infrastructure. This article is intended to encourage wireless infrastructure investment by providing a clear process to govern the deployment of small wireless facilities. It is also the intent of this article to ensure that:

The Town knows what entities are occupying its right-of-way and what facilities have been installed by them;

Entities understand their obligations with respect to use the rights-of-way;

Entities occupying the right-of-way do not harm the public or property, or unduly interfere with or delay public or private projects that require use of the right-of-way or otherwise unnecessarily incommode the public; and

In order to advance public safety, clutter is minimized and the appearance of the community is enhanced.

Collocation. Collocation of all facilities is preferred and encouraged.

Administration. The Town Manager or their designee is authorized and charged with administering, interpreting, and enforcing the provisions of this article. The Town Manager may adopt procedural rules and technical details as deemed necessary in the course of these duties, provided the rules and details are not in conflict with any provision of this article.

Nondiscrimination. To the extent required by law, this article is intended to treat each applicant or right-of-way user in a competitively neutral and nondiscriminatory manner, with considerations that may be unique to the technologies and situation and legal status of each particular applicant or request for right-of-way use.

§ 140-13 General requirements.

Except as otherwise provided in this article or as may be required by law, every entity occupying the Town right-of-way must have a franchise, license, or similar consent that describes generally what it may place in the right-of-way, and what services can be provided via the facility, and conditions upon the exercise of the rights granted. The requirement for the issuance of permits is in addition to, and not in lieu of, the requirement of any user to obtain a franchise, license, or consent from the Town to use and occupy the right-of-way or to obtain a lease, license, or easement if required to use or occupy other public or private property.

Permits. No permit granted by the Town Manager to allow installation or attachment of any facility for any purpose shall extend, or be deemed to extend, to any Town-owned poles or any other municipal facility except as provided in a franchise agreement.

Conditions. The Town retains all its rights with respect to permitting attachments to its properties within the right-of-way.

Fees. Upon application for a public utility permit the Town shall collect a nonrefundable fee not to exceed $50.

§ 140-14 Franchise agreements.

Cable franchise required. A person may not construct, operate, or maintain a cable system or provide cable service over a cable system within the Town without a cable franchise granted by the Town authorizing such activity. For the purpose of this provision, the operation of part or all of the cable system within the Town means the use or occupancy of the right-of-way by facilities used to provide cable service.

Telecommunications facilities. Telecommunications facilities used to provide telephone service and also used to provide cable service are subject to this article and also require a cable franchise. Use of such facilities to provide services similar to cable service, such as open video service, is subject to this article to the extent provided by law. All cable franchises granted must contain substantially similar terms and conditions which, taken as a whole and considering relevant characteristics of the applicants, do not provide more or less favorable terms and conditions than those required of other cable franchisees.

Franchises other than cable. This subsection applies to franchise agreements except for cable franchises:

Required. Except as otherwise provided by Subsection B of this section, a franchise agreement is required prior to the installation of any facility in the right-of-way.

Exception. Installation of aerial service drops from the right-of-way to a customer's premises does not require a franchise agreement.

Applicants.

(a)

Except as otherwise provided, an application for a franchise agreement must be submitted by all persons that will own any part of the facility that is the subject of the application.

(b)

In order to encourage collocation, small wireless facilities do not need individual franchise agreements if they will be located on facilities owned by a wireless infrastructure provider under a franchise agreement expressly, providing:

[1]

All equipment installed on the wireless infrastructure provider's facilities will be wholly under the control and management of the wireless infrastructure provider; and

[2]

The wireless infrastructure provider will be liable for all acts or omissions of the wireless service providers with respect to the operation and maintenance of the equipment within the right-of-way.

Compliance with standards. The application must show that the facilities and work proposed in the application will comply with all requirements in this article and any other applicable standards.

Descriptions. Applications must be accurate and must include detailed descriptions of what the work that is the subject of the application involves. An application must include all pre-construction work, construction work, and restoration work required, along with a description of the facilities and property that are the subject of or affected by the applications, and a pre- and post-construction description of the same.

(6)

New facilities. Where an application involves new facilities, including replacement or relocation of an existing facility with a facility at a different location, the location selected in the application for any facility must not be in an area where the new facility would create an excessive number of poles or other facilities that interfere with public safety or the ability to use streets, sidewalks, or other rights-of-way, or would not be consistent with the general character of the neighborhood.

(7)

Location and scale. The location selected and the scale and appearance of the facility, including but not limited to wireless facilities, and any supporting structures to be installed, must be consistent with the general character of the neighborhood.

(8)

Insurance. The applicant must have agreed to and provide adequate insurance, bonding and indemnification.

§ 140-15 Permits.

Permits required. The applicant shall submit a utility permit application to the Town Manager before performing any of the following types of work in the right-of-way:

Minor maintenance of utility infrastructure;

Utility work required in emergency situations; and

The installation, construction, relocation, significant removal, replacement, adjustment, or major maintenance of utility infrastructure.

Compliance with applicable standards. An application submitted pursuant to this section must demonstrate that the work will be performed in accordance with all applicable standards, including but not limited to the engineering standards adopted by the Town.

§ 140-16 Requirements for all installations in right-of-way.

In general. All necessary licenses and permits must be obtained before any work is performed in the right-of-way. Permittees and occupants must comply with any permit conditions with respect to the facilities, or work performed in connection with the facilities. Town permits are not transferable without Town authorization. It is the responsibility of all applicants and permittees to call Miss Utility prior to any excavation.

Applicable standards. All permittees and occupants are subject to all applicable standards now or hereafter adopted by the Town in the exercise of its police power or by other governmental entities now or hereafter having jurisdiction.

Minimum standards. The requirements of this article are minimum standards and the requirements established or referenced herein may be in addition to or stricter than such minimum standards. Where there is no standard governing particular work, the work will be performed in a manner that minimizes risk to persons and property and that is consistent with sound practices for work of the type being performed.

Public use. Any use of the right-of-way by any permittee or occupant shall in all matters be subordinate to the Town's use and use by the public, except as provided by Maryland law. Without limitation of its rights, the Town expressly reserves the right to exercise its powers now and hereafter vested in or granted to the Town as to the use, management and control of the right-of-way.

On-site information. Occupants shall cooperate promptly and fully with the Town and provide accurate and complete on-site information regarding the nature and horizontal and vertical location of its facilities located within the right-of-way, both underground and overhead, at the sole cost and expense of the occupant.

Town improvements. Where installation of facilities requires protection, removal, relocation, or alteration of Town improvements and the Town consents to those, occupants and permittees are responsible at their cost to protect, alter, relocate, or remove Town facilities as the Town directs. If an occupant or permittee fails to do so, the Town may order all work to stop, and may take such steps as are necessary to prevent any harm to Town facilities, and may charge the occupant or permittee the costs of the work.

Existing improvements. All facilities shall be located and laid so as not to disrupt or interfere with any other pipes, drains, sewers, irrigation systems, telecommunication systems, or other structures or public improvements already installed. The lawful use of the right-of-way or other public areas of the Town shall not be disrupted without the Town's permission.

Noise. Facilities proposed by an applicant, including but not limited to wireless facilities, must not generate noise above 55dB, whether the facility is located within the Town or would be audible from any location in the Town. Sound level is calculated based on nearest residential property line, and where there are multiple noise sources proposed or already installed by an applicant, the sound level limit is cumulative at the point of measurement.

Maintenance. Facilities must continue to satisfy the minimum conditions for approval after installation. Where an occupant fails to satisfy the minimum conditions, or where it fails to maintain facilities in a safe condition, or where it performs work that causes damages to property or creates risks to personnel or property, the Town may, in addition to revoking a permit, take any action it may take with respect to a permittee under this article.

Disruption. Permittee and occupants shall use commercially reasonable efforts to coordinate construction and maintenance of the facilities with the appropriate Town agencies and other occupants to minimize unnecessary disruption of the right-of-way.

Hazardous substances. Except in strict accordance with all applicable standards, permittees and occupants shall not treat, transport, store, or dispose of any hazardous substance at any time on or near any municipal facilities or any right-of-way.

Relocation. Without limitation, relocation of any facility, whether temporary or permanent, in times of emergency, for major Town events, or for construction of Town, county, state, or federal improvements will be at the expense of the occupant, except as Maryland law otherwise requires.

Revocation. The Town Manager may revoke any permit issued pursuant to this article if it was improperly issued or in the event of a breach of the terms and conditions of this article or the permit itself. The Town Manager may refuse to issue permits to any person that repeatedly violates the provisions of its permits or this article without adequate assurance that existing deficiencies will be cured, and that future work will conform to the applicable requirements.

Vacation of right-of-way. In the event that any right-of-way is vacated or closed, any rights obtained pursuant to any permits issued with respect to such right-of-way shall cease upon the effective date of such vacation or closing. Except as may be required by Maryland law, an occupant may be required, at its expense, to remove all its facilities from the right-of-way. If it fails to do so, the Town may cause the removal and charge the occupant for the cost thereof.

Damages. The permittee shall be responsible for any damages or injuries that may occur as a result of construction related to any permit. The permittee must maintain any work site and facilities thereon in a proper and safe condition. Upon completion of work at a site, all excess materials and facilities, including but not limited to utility poles that are no longer in use, must be removed from the site.

Repair by permittee.

All earth, materials, sidewalks, paving, crossings, utilities, poles, structures, other public improvements, or improvements of any kind damaged or removed by a permittee and any right-of-way damaged or disturbed by a permittee shall be fully repaired, replaced or restored within 15 days by the permittee, as part of the completion of any work under any permit, at the permittee's sole cost and expense and to the satisfaction of the Town, and in accordance with the Town's standards for repair, replacement, or restoration. Except as specifically otherwise required, property damaged or removed must be restored or replaced to its prior or better condition and location, and the right-of-way must be restored to its prior or better condition.

The permittee shall be responsible for the work performed under this permit for a one-year commencing on the date the work was approved. This responsibility shall include the maintenance and/or replacement and/or repair of any portion of the work that indicates faulty workmanship or materials.

Repair by Town. If a permittee fails to maintain a site in safe condition or fails to promptly remove, replace, repair, or restore as required by this article, the Town may, after 15 days' notice and unless the permittee takes steps satisfactory to the Town to correct the deficiency, make such removal, repair, restoration, or replacement at the permittee's cost. Notwithstanding the foregoing, if the Town determines that acts or omissions of the permittee create an immediate risk to persons or property, the Town may make such repair or replacement at the permittee's cost.

Inspection. The Town may inspect work being performed in the right-of-way at any time, including work to repair or restore the right-of-way, and may inspect facilities in the right-of-way.

Stop work. At the time of any inspection, the Town may order the immediate cessation of any work that poses a serious threat to the health, safety, or welfare of the public, or direct a permittee or occupant to take action to correct any condition that is in violation of the applicable standards. The Town may revoke the permit and take any other legal or equitable action at law for any work and any facility that does not conform to the applicable standards.

Maintenance of traffic control.

Traffic shall be maintained in accordance with the approved Traffic Control Plan which is a part of the permit or the appropriate SHA Standard Sheet or as directed by the Town Manager.

Lights, signs, barricades, etc., shall be maintained by the permittee in accordance with Part VI of the U.S. Department of Transportation/Federal Highway Administration Manual on Uniform Traffic Control Devices and its latest official Rulings on Request. In addition, signing shall be in accordance with the approved Traffic Control Plan or State of Maryland Department of Transportation, inclusive, as applicable to the specific construction.

A minimum of one complete traffic lane shall be kept open to vehicular traffic at all times. Pedestrian foot traffic shall be maintained through all phases of construction.

Parking. No parking of utility vehicles will be allowed on sidewalks or areas outside of the pavement, except when specifically shown on an approved traffic control plan or with prior approval from the Town.

Storage. No materials or equipment shall be stored in the right-of-way without prior written approval by the Town, and under no circumstances shall parking of utility vehicles, storing of equipment or materials be allowed under any roadside tree, or any debris left in the right-of-way.

Violations. Failure to comply with the specifications and the requirements of this article may result in the immediate revocation of any permit, and may be treated as a breach of any license, lease, or franchise agreement. The Town may also direct a permittee or occupant to remove its facilities, and repair, replace, or restore property affected by the removal.

Obstructions. A facility may not be installed so as to cause:

The creation of visual and physical obstructions and other conditions that are hazardous to vehicular and pedestrian traffic;

Interference with the facilities and operations of facilities lawfully located in the right-of-way or public property;

Environmental damage, including damage to trees;

An adverse effect on any area individually designated or located within an Historic Overlay District; or

The right-of-way in which the facility is located to fail to comply with the Americans with Disabilities Act or otherwise obstruct access. A clear path of travel at least five feet wide must be maintained at all times between any facility and the curb or any obstacle.

§ 140-17 Small wireless facilities.

Permit. A utility permit is required before any small wireless facility may be installed.

Application requirements. Each application shall include the following:

A certified analysis showing that the proposed facility satisfies the FCC's radiofrequency (RF) exposure guidelines applicable on an individual basis, and on a cumulative basis (considering all frequencies, and all emitting sources as required by FCC regulations);

A detailed deployment plan describing planned construction to be completed within the twelve-month period duration for construction provided by the permit, and a description of the completed deployment;

A statement describing the applicant's intent with respect to any collocation;

Proof that the facility will be utilized in the provision of personal wireless services within three months of its construction;

In the case of a proposed attachment to an existing investor-owned utility pole located in the right-of-way, an executed attachment/replacement agreement with the utility pole provider; and

(6)

An executed franchise agreement.

Issuance of permits. Notwithstanding any other provision of this article:

The Town Manager shall approve a conditional utility permit for small wireless facilities upon determining that an application satisfies all applicable requirements and that the work associated with the request will not create a hazard to persons or property or violate applicable standards.

The Town Manager may issue a utility permit for small wireless facilities for attachment to or replacement of a Town-owned or -controlled street light pole or traffic signal pole where:

(a)

The applicant holds a valid franchise agreement from the Town to occupy the right-of-way;

(b)

The applicant has a valid contract therefor, entered into after the effective date of this article; and where the design for the attachment or replacement was approved by the Town for the location proposed;

(c)

The proposed attachment or replacement will not create a hazard to persons or property, and the work and proposed wireless facility otherwise comply with applicable standards;

(d)

All required permitting fees have been paid; and

(e)

The facility cannot be modified without the consent of the Town.

The Town Manager may issue a utility permit for small wireless facilities for attachment to or within an existing or replacement utility pole or other existing non-Town-owned, non-tower supporting structure of a Town-owned or -controlled street light pole or traffic signal pole where the applicant shows that:

(a)

The small wireless facility is not speculative, but will be used to address an identifiable service issue that cannot be addressed by additions to, modifications of, or coordination of existing wireless facilities;

(b)

The applicant has a valid contract to place the facility on the supporting structure that will be used, and has a valid franchise agreement with the Town to occupy the right-of-way;

(c)

The proposed attachment or replacement will not create a hazard to persons or property, and the work and proposed wireless facility otherwise comply with applicable standards;

(d)

All required permitting fees have been paid; and

(e)

The proposed facility will comply with all the conditions of this article, and is designed with such stealth or concealment elements as will prevent the wireless facility from being modified without the discretionary consent of the Town.

The Town Manager may issue a decision recommending issuance of a permit for other wireless facilities in the right of way, considering the factors listed in Subsection C(3) of this subsection and the impact of any variance from the required standards, including the impact on the character of affected neighborhoods, historic or environmentally sensitive areas, property values, the use of the right-of-way, and public health and safety, and considering whether the applicant has shown that it would be effectively prohibited from providing service if the application were denied. The Town Manager approval will immediately be referred to the Town Council for final determination as to whether an exception should be granted.

Multiple applications. If an applicant submits several applications, the Town, in recovering costs, reserves the right to charge applicant an additional fee representing the costs to obtain a contractor to provide additional assistance in order to effectively review the applications.

Fees. For personal wireless services facilities, applicants must provide an application fee. Full payment is a prerequisite to any application being deemed complete. An applicant must agree, as part of its application, to pay all reasonable costs incurred by the Town in reviewing the application, including but not limited to costs incurred in retaining outside consultants. The application fee is not refundable.

Appeals. Any person adversely affected by the decision of the Town Manager pursuant to this article may appeal the Town Manager's decision to the Town Council. The Town Council decision will be the final decision of the Town. An appeal by a wireless infrastructure provider must be taken jointly with the wireless service provider that intends to use the personal wireless services facility.

Completeness. For all facilities, applications will be processed, and notices of incompleteness provided, in conformity with all applicable laws. If such an application is incomplete, the Town Manager may reject it by notifying the applicant and specifying the material omitted from the application, in writing.

§ 140-18 Standards for all small wireless facilities.

In general. All small wireless facilities must comply with this all requirements of this section.

Public safety. Any small wireless facility attached to a pole hosting a street light, traffic light, or other public safety purpose shall only be permissible to the extent it does not interfere with the operation of any public safety function or public safety communications. If in the Town's sole discretion it is determined that a particular pole or location cannot support a small wireless facility without interfering with or otherwise affecting the reliability, performance, safety, or other functional aspects of such a pole, the Town may deny a permit to install a wireless facility on such a pole, or to construct a new or replacement utility pole or wireless supporting structure, at such a location, to the extent permissible under law.

Removal of trees. The removal of Town street trees is prohibited.

Visual impacts. All facilities should be installed in a manner as to minimize visual impacts to surrounding properties and streetscapes, to comprise the least visible means possible, and to be as compatible with supporting structures and surroundings as reasonably possible. All small wireless facilities shall incorporate concealment elements to the maximum extent feasible and as appropriate to the site and type of facility. Small wireless facilities shall employ and maintain concealment elements and design techniques to minimize visual impacts and provide appropriate screening such that the installation, operation, and appearance of the small wireless facilities will be consistent with the character of the surrounding area.

Underground. All equipment should be located underground if feasible.

Finish. Facility colors shall match the background of any supporting structure upon which the facilities are located. On wooden poles, all attached concealment elements must use a color that closely matches the underlying pole and must be of a matte finish. On metal poles, finishes of concealment elements must be colored to match the metal finish of the existing pole. Equipment cabinets must be the color of the associated pole.

Existing poles. Upon application, wireless providers may place new poles or wireless supporting structures in the right-of-way, but only where there are existing above-ground utility poles and the poles must be removed if other such poles are removed, unless those poles would meet the requirements of this subsection as permissible new poles. A new pole is only permitted if the applicant can show that:

The pole or supporting structure to be installed will be similar in size and design to existing poles, and placed appropriately to minimize intrusiveness and to avoid creating undue hazard to persons or property;

The applicant demonstrates that the denial of the application would prohibit or have the effect of prohibiting the provision of personal wireless services, within the meaning of 47 U.S.C. § 332(c)(7); and

Existing utility poles or other supporting structures cannot be used to support the small wireless facilities, or would require a modification that would make the addition of an additional utility pole or wireless supporting structure less intrusive or safer. A determination by the Town that a particular pole cannot support the proposed facility may satisfy this requirement.

New poles. Every new utility pole or wireless supporting structure shall be a monopole rather than a lattice tower or guy-wire support tower, unless otherwise authorized.

Electricity.

A small wireless facility on a Town-owned pole may not impede the existing function of the pole. The power supply of a street light or traffic light may not be used by occupants. When attaching to Town-owned poles, occupants are responsible for securing separately metered power for their facilities, and are responsible for any and all costs incurred in modifying a pole to support additional power supplies.

Occupants not attaching to Town-owned poles must ensure that their power supply arrangements with electric utilities do not result in any incremental cost increase to the Town.

Electrical meters must be enclosed within any pole that is not a wooden utility pole. Meters on any wooden utility pole must use concealment elements to the maximum extent possible.