No person shall create or maintain any obstruction on any public way. In addition, this prohibition shall include but is not limited to:
Placement of earth, ashes, gravel, or other nonperishable material on a public way without the consent of the Chairman of the Street Maintenance Committee, or in his absence the Mayor;
Placement, erection, or maintenance of any building on a public way; and
Installation of any gate so that it swings on or over a public way.
No person shall deface, paint, mark, damage, or alter any public way in the Town without the prior consent of the Chairman of the Street Maintenance or in his absence the Mayor. Painting house number on curbs is specifically excluded from this provision. Depositing any oil product on public ways or property is prohibited without exception.
No person shall plant along or near any curbline:
No person shall extinguish, damage, deface, or obstruct the light from any street, warning, or traffic light or reflector placed upon or illuminating any public way or public property.
No person shall use the public streets or rights-of-way within the Town of University Park for the purpose of holding a public gathering including, but not limited to, picnics, "block parties", or community meetings, without first obtaining a permit from the Mayor and Common Council or their designee authorizing such use. A permit shall issue under the following circumstances:
The person or persons seeking such permit shall file an application with the Clerk-Treasurer stating the name and address of the applicant, the purpose for which such permit is sought, the days and hours for which the permit is desired, the name and address of the person, persons, corporation, or association sponsoring the activity, if any, an estimate of the number of participants, and the public streets or rights-of-way or parts thereof to be utilized for such activity and any further information that the Mayor and Common Council shall require in order to render a fair determination as to whether the permit should issue.
The Mayor shall issue the permit upon a finding that the proposed activity or use will not unreasonably interfere with the flow of traffic within the Town of University Park and will not interfere with or detract from the public health, safety and welfare of other residents of the Town and is not likely to incite violence, crime or disorderly conduct and that the proposed activity will not entail unusual, extraordinary or burdensome expense on police operations by the Mayor and Common Council of University Park.
The Mayor and Common Council are authorized to establish reasonable fees to be paid upon the filing of the application and further may establish a schedule of additional fees to allay the costs to the Town of providing facilities and services for such activities.
The Chief of Police shall have the authority to revoke a permit upon the finding of violation of any rule, ordinance or that the continuation of such activities will constitute a threat to the public health, safety, or welfare of inhabitants of the Town.
The person or persons to whom a permit is issued shall be liable for any loss, damage, or injury sustained by any person whatever by reason of the negligence of the person or persons to whom such permit shall have been issued.
No dumpster or other receptacle for the storage or transport of construction or other debris, or storage container for the storage of household or other items, shall be installed or placed on any streets, alleys, rights-of-way or other public property, including sidewalks or driveway aprons, without a permit issued by the Town. Permits for storage containers shall expire not later than two weeks after issuance. Permits for dumpsters or similar receptacles shall expire not later than 60 days after issuance. Such permits shall be subject to further such conditions as the Mayor may require. The Town shall have the right, upon five days' notice to the property owner, to remove any improperly installed or placed dumpster, storage container, or other like receptacle. In addition to any other remedy set out in this section, any such receptacle removed by the Town may be disposed of after 30 days' notice to any known property owner. The property owner shall be charged for such removal and disposal work and services, and the explanation: Town may collect payment therefore in the same manner as Town taxes.
[Revised 4-9-1991; 3-20-2007; 1-14-2019 by Ord. No. 19-O-01]
A failure to comply with the provisions of this article shall constitute an infraction. Any violation of §§ 8-101, 8-102, 8-103, 8-104 and/or 8-106 shall be subject to a penalty of $200 per occurrence.
[Added 1-14-2019 by Ord. No. 19-O-01]
In general. Unless exempted, every person who desires to place or modify a small wireless telecommunications facility in Town rights-of-way must obtain a wireless placement permit authorizing the placement or modification, including without limitation for the:
Exemptions. The following are exempted from the requirements of this article:
The placement or modification of wireless telecommunications facilities on supporting structures owned, or under the control of, the Town, the use of which is subject to a contract for use of the facility between the Town and the entity or entities that own or control the wireless telecommunications facility;
The placement or modification of wireless facilities by the Town or by any other agency of the state solely for public safety purposes.
Modifications to an existing wireless telecommunications facility that makes no material change to the footprint of a facility or to the surface or subsurface of a public street if the activity does not disrupt or impede traffic in the traveled portion of a street, and if the work activity does not change the visual or audible characteristics of the wireless telecommunications facility. The Town, by regulation, may also exempt wireless telecommunications facilities that otherwise are subject to the provisions of this section from the obligation to obtain a permit to install or modify a wireless telecommunications facility where it is determined that because of the physical characteristics of the proposed facilities, and the work associated with them, such a permit is not required to protect the public health, welfare or safety, to maintain the character of a neighborhood or corridor, or to otherwise serve the purposes of this article.
Installation of a mobile cell facility or a similar structure for a temporary period in connection with an emergency or event, but no longer than required for the emergency or event, provided that installation does not involve excavation, movement or removal of existing facilities.
Other applicable requirements. In addition to the wireless telecommunications permit required herein, the placement of a wireless telecommunications facility in the public rights-of-way requires the persons who will own or control those facilities to obtain a building permit and the franchises and license agreements required by applicable law, and to comply with applicable law, including, but not limited to, applicable law governing radio frequency (RF) emissions. Nothing in this article precludes the Town from applying its generally applicable health, safety, and welfare regulations when granting consent for a small cell facility or wireless support structure in the Town's right-of-way.
Public use. Except as otherwise provided by Maryland law, any use of the right-of-way authorized pursuant to this article will be subordinate to the Town's use and use by the public.
Terms used in this article shall have the following meanings:
- Communications equipment that transmits or receives radio frequency signals in the provision of wireless service.
- ANTENNA EQUIPMENT
- Equipment, switches, wiring, cabling, power sources, shelters or cabinets associated with an antenna, located at the same fixed location as the antenna, and, when co-located on a structure, is mounted or installed at the same time as such antenna.
- APPLICABLE LAWS/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 Town, including any amendments adopted by the Town, or otherwise are applicable in the jurisdiction.
- A person filing an application for placement or modification of a wireless telecommunications facility in the rights-of-way.
- A formal request, including all required and requested documentation and information, submitted by an applicant to the Town for a wireless placement permit.
- BASE STATION
- The term "base station" shall has the same meaning as in 47 CFR § 1.40001.
- CERTIFICATE OF COMPLETION
- A document that is required from and issued by the Town confirming that all work described in the application, as approved: I) was properly permitted, including, without limitation, all required permits for building, electrical work, street or curb cutting, and excavation; II) was done in compliance with and fulfillment of all conditions of all permits, including all stated deadlines; III) was fully constructed and/or placed as approved and permitted; and IV) was finally inspected by the Town, and was approved by the Town after said final inspection.
- CO-LOCATION or CO-LOCATE
- To install, mount, maintain, modify, operate, or replace wireless facilities on a wireless support structure.
- MICRO WIRELESS FACILITY
- A small wireless facility having dimensions no larger than 24 inches in length, 15 inches in width and 12 inches in height and an exterior antenna, if any, no longer than 11 inches.
- The term "rights-of-way" includes any portion of any street, road or public way which the Town has the responsibility to maintain or manage.
- SMALL WIRELESS FACILITY
- Consistent with Part 1, Subpart U, of Title 47, State and Local Government Regulation of the Placement, Construction, and Modification of Personal Wireless Service Facilities, a facility that meets each of the following conditions:
- B. Is not extended to a height of more than 10% above its preexisting height as a result of the co-location of new antenna facilities; and each antenna (excluding associated antenna equipment) is no more than three cubic feet in volume; and
- C. All antenna equipment associated with the facility (excluding antennas but including any preexisting associated equipment) is cumulatively no more than 28 cubic feet in volume; and
- D. The facility does not require antenna structure registration;
- E. The facility does not result in human exposure to radio frequency radiation in excess of the applicable safety standards specified by federal law.
- SUPPORT STRUCTURE
- Any structure capable of supporting a base station.
- Any structure built for the sole or primary purpose of supporting any FCC-licensed or authorized antennas and their associated facilities, including structures that are constructed for wireless communications services, 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. This definition does not include utility poles.
- UTILITY POLE
- A structure in the rights-of-way designed to support electric, telephone and similar utility lines. A tower is not a utility pole.
- WIRELESS INFRASTRUCTURE PROVIDER
- A person that owns, controls, operates or manages a wireless telecommunications facility or portion thereof within the right-of-way.
- WIRELESS PERMIT
- A permit issued pursuant to this article and authorizing the placement or modification of a wireless telecommunications facility of a design specified in the permit at a particular location within the rights-of-way; and the modification of any existing support structure to which the wireless telecommunications facility is proposed to be attached.
- WIRELESS REGULATIONS
- Those regulations adopted to implement the provisions of this article.
- WIRELESS SERVICE PROVIDER
- An entity that provides wireless services to end users.
- WIRELESS TELECOMMUNICATIONS FACILITY or FACILITY
- Equipment at a fixed location that enables wireless communications between user equipment and a communications network, including without limitation radio transceivers, antennas, base station, coaxial or fiber-optic cable, regular and backup power supplies, and comparable equipment, regardless of technological configuration.
Generally. Wireless telecommunications facilities shall meet the minimum requirements set forth in this article and the wireless regulations approved by Town Council, in addition to the requirements of any other applicable law.
Regulations. The wireless regulations and administrative decisions on applications for placement of wireless telecommunications facilities in the rights-of-way shall, at a minimum, ensure that the requirements of this section are satisfied, unless it is determined that the applicant has established that denial of an application would, within the meaning of federal law, prohibit or effectively prohibit the provision of personal wireless services, or otherwise violate applicable laws or regulations. If that determination is made, the requirements of this article and any Town wireless regulations may be waived, but only to the minimum extent required to avoid the prohibition.
Standards. Wireless telecommunications facilities shall be installed and modified in a manner that:
Minimizes risks to public safety, avoids placement of aboveground facilities in underground areas, avoids installation of new support structures or equipment cabinets in the public rights-of-way, avoids placement in residential areas when commercial areas are reasonably available, and otherwise maintains the integrity and character of the neighborhoods and corridors in which the facilities are located;
Ensures that installations are subject to periodic review to minimize the intrusion on the rights-of-way; and
Ensures that the Town bears no risk or liability as a result of the installations, and that such use does not inconvenience the public, interfere with the primary uses of the public rights-of-way, or hinder the ability of the Town or other government agencies to improve, modify, relocate, abandon or vacate the public rights-of-way or any portion thereof, or to cause the improvement, modification, relocation, vacation or abandonment of facilities in the rights-of-way.
Ensures that location of facilities on existing poles or structures is within the tolerance of those poles or structures.
Concealment. Permits for wireless telecommunications facilities shall incorporate specific concealment elements to minimize visual impacts, and design requirements ensuring compliance with all standards for noise emissions. Unless it is determined that another design is less intrusive, or placement is required under applicable law:
Antennas located at the top of support structures shall be incorporated into the structure, or placed within shrouds of a size such that the antenna appears to be part of the support structure.
Antennas placed elsewhere on a support structures shall be incorporated into the structure, or be designed and placed to minimize visual impacts.
Radio units or equipment cabinets holding radio units and mounted on a utility pole shall be placed as high as possible on a support structure, located to avoid interfering with, or creating any hazard to, any other use of the public rights-of-way, and located on one side of the utility pole. Unless the radio units or equipment cabinets can be concealed by appropriate traffic signage, radio units or equipment cabinets mounted below the communications space on utility poles shall be designed so that the largest dimension is vertical, and the width is such that the radio units or equipment cabinets are minimally visible from the opposite side of the support structure on which they are placed.
Wiring and cabling shall be neat and concealed within or flush to the support structure, ensuring concealment of these components to the greatest extent possible.
Ground-mounted equipment associated with a wireless telecommunications facility shall be permitted only where consistent with the portion of the corridor in which it is to be placed, and may be required to be underground, located in alleys or otherwise shielded. In no event may ground-mounted equipment interfere with pedestrian or vehicular traffic.
No permit shall be issued or effective unless it is shown that the wireless telecommunications facility will comply with Federal Communications Commission ("FCC") regulations governing radio frequency ("RF") emissions. Every wireless facility shall at all times comply with applicable FCC regulations governing RF emissions, and failure to comply therewith shall be treated as a material violation of the terms of any permit or lease.
No towers shall be permitted in the public rights-of-way, and no wireless telecommunications facilities shall be permitted aboveground in underground areas, provided that the Town may permit placements where all elements of the wireless telecommunications facility are concealed and the facility does not appear to a casual observer to be a wireless telecommunications facility.
No permit shall issue except to wireless service providers with immediate plans for use of the proposed wireless telecommunications facility or wireless infrastructure providers with contracts with wireless service providers which require the service provider immediately to use the proposed wireless telecommunications facility.
Unless appropriately placed, and concealed, so that the size of the facility cannot be increased except with the discretionary approval of the Town, no wireless telecommunications facility is permitted in rights-of-way in alleys.
No wireless telecommunications facility is permitted in any local historic district without the approval of the Prince George's County Historic Preservation Commission.
Submission. The applicant shall submit a paper copy and an electronic copy of any application, amendments or supplements to an application, or responses to requests for information regarding an application, to the designated Town department.
Content. An application must contain:
The name of the applicant, its telephone number and contact information, and, if the applicant is a wireless infrastructure provider, the name and contact information for the wireless service provider that will be using the wireless telecommunications facility.
A complete description of the proposed wireless telecommunications facility and the work that will be required to install or modify it, including but not limited to detail regarding proposed excavations, if any; detailed site plans showing the location of the wireless telecommunications facility, and specifications for each element of the wireless telecommunications facility, clearly describing the site and all structures and facilities at the site before and after installation or modification; and a description of the distance to the nearest residential dwelling unit and any contributing historical structure within 500 feet of the facility. Before and after 360° photo simulations must be provided. The electronic version of an application must be in a standard format that can be easily uploaded on a web page for review by the public.
An application for modification of an eligible support structure must contain information sufficient to show that the application qualifies under of 47 CFR § 1.40001. The application must relate to an existing wireless telecommunications facility that has been approved by the Town pursuant to this article. Before and after 360° photo simulations must be provided with detailed specifications demonstrating that the modification does not substantially change the physical dimensions of the existing approved structure.
An application for a permit shall be submitted in the format and manner specified by the designated department. Applications must contain all information required herein and by any wireless regulations to demonstrate that applicant is entitled to the permit requested.
The applicant must provide any information upon which it relies in support of a claim that denial of the application would prohibit or effectively prohibit the provision of service in violation of federal law, or otherwise violate applicable law. Applicants are not permitted to supplement this showing if doing so would prevent the Town from complying with any deadline for action on an application.
Proof that notice has been mailed to owners of all property, and the resident manager for any multifamily dwelling unit that includes 10 or more units, within 300 feet of the proposed wireless telecommunications facility.
A copy of any pole or structure attachment agreement must be provided, as well as sufficient information to determine that the installation can be supported by and does not exceed the tolerances of the pole or structure.
Payment of any required fees.
Before a permit is issued, concurrent agreement to any required franchise or license agreement must be provided.
Fees. The application fee for wireless telecommunications facilities: The applicant must provide an application fee and shall be required to pay all costs reasonably incurred by the Town in reviewing the application, including costs incurred in retaining outside consultants. The applicant shall also pay an access fee. Fees shall be reviewed periodically, and raised or lowered based on costs the Town expects to incur, with a review commencing by the first anniversary of the effective date of this article.
Waivers. Requests for waivers from any requirement of this article shall be made in writing to the Town Manager or designee. The same may grant a request for waiver if it is demonstrated that, notwithstanding the issuance of a waiver, the Town will be provided all information necessary to understand the nature of the construction or other activity to be conducted pursuant to the permit sought.
Processing of applications. For small wireless facilities, as those terms are defined under federal law, and eligible facilities requests, as that term is defined under federal law, applications will be processed in conformity with state, local and federal law, as amended. Currently, the FCC has required that such applications be processed within 60 days of receipt of a completed application for facilities that will be co-located on preexisting structures, and 90 days for new construction.
Rejection for incompleteness. Notices of incompleteness shall be provided in conformity with state, and local and federal law. If such an application is incomplete, it may be rejected by a written order specifying the material omitted from the application, or the Town may notify the applicant of the material omitted and provide an opportunity to submit the missing material. The time imposed by federal, state or local law for the processing of an application does not begin to run until an application is complete.
Upon any required inspection, the work may be accepted and a certificate of completion may be issued by the Town.
For breach. A wireless telecommunications permit may be revoked for failure to comply with the conditions of the permit, franchise, license or applicable law. Upon revocation, the wireless telecommunications facility must be removed within 30 days of written notice, provided that removal of a support structure owned by the Town, a utility, or another entity authorized to maintain a support structure in the right-of-way need not be removed, but must be restored to its prior condition, except as specifically permitted by the Town. All costs incurred by the Town in connection with the revocation and removal shall be paid by entities who own or control any part of the wireless telecommunications facility.
For installation without a permit. A wireless telecommunications facility installed without a wireless permit (except for those exempted by this article) must be removed within 30 days of written notice, provided that removal of a support structure owned by the Town, a utility, or another entity authorized to maintain a support structure in the right-of-way need not be removed, but must be restored to its prior condition, except as specifically permitted by the Town. All costs incurred by the Town in connection with the revocation and removal shall be paid by entities who own or control any part of the wireless telecommunications facility.
Term. A wireless permit, other than a permit issued pursuant to an eligible facilities request, shall be valid for a period of five years. An eligible facilities permit shall expire at the same time the permit for the underlying existing wireless telecommunications facility expires. A person holding a wireless telecommunications permit must either remove the wireless telecommunications facility upon expiration (provided that removal of a support structure owned by the Town, a utility, or another entity authorized to maintain a support structure in the right-of-way need not be removed, but must be restored to its prior condition, except as specifically permitted by the Town); or, at least 90 days prior to expiration, must submit an application to renew the permit, which application must demonstrate that the impact of the wireless telecommunications facility cannot be reduced. The wireless telecommunications facility must remain in place until it is acted upon by the Town, and any appeal from the Town's decision is exhausted.
The Town may negotiate agreements for use of Town-owned or -controlled light standards and traffic signals in the public rights-of-way for placement of wireless telecommunications facilities on those structures. The agreement shall specify the compensation to the Town for use of the structures. The person seeking the agreement shall additionally reimburse the Town for all costs the Town incurs in connection with its review of, and action upon, the person's request for an agreement.
The Town shall require a wireless provider to indemnify and hold harmless the Town and its officials, officers and employees against any loss, damage, or liability to the extent that it is caused by the negligent or willful act or omission of the wireless provider who owns or operates small wireless facilities or poles in the right-of-way, its agents, officers, directors, representatives, employees, affiliates, or subcontractors, or their respective officers, agents, employees, directors, or representatives.
During the period in which the facilities of a wireless provider are located on or attached to the Town's assets or rights-of-way, the Town may require a wireless provider to:
Carry, at the wireless provider's sole cost and expense, the following types of third-party insurance:
Property insurance for its property's replacement cost against all risks with limits of $2,000,000 each occurrence/aggregate:
Workers' compensation insurance, as required by law; and
Commercial general liability insurance with respect to its activities on the Town improvements or rights-of-way with limits of $2,000,000 each occurrence/aggregate to afford protection with limits not inconsistent with its requirements of other users of Town improvements or rights-of-way, including coverage for bodily injury and property damage; and
Include the Town as an additional insured on the commercial general liability policy and provide certification and documentation of inclusion of the Town in a commercial general liability policy as reasonably required by the Town.
The Town may provide a wireless provider the option of either having the wireless provider perform any necessary make-ready work through the use of qualified contractors authorized by the Town, or having the Town perform any necessary make-ready work at the sole cost of the wireless provider.
Upon completion of the make-ready work performed by the Town at the request of a wireless provider, the wireless provider shall reimburse the Town for the Town's actual and documented cost of the make-ready work.
Wireless providers shall be required to promptly repair any damage to the public right-of-way or any damages to facilities in the right-of-way directly caused by the activities of the wireless provider, and return the right-of-way to the right-of-way's condition prior to the damages caused by the wireless provider.
The wireless provider shall remove and relocate the permitted small cell facility and/or wireless support structure at the wireless provider's sole expense to accommodate construction of a public improvement project by the Town. If the wireless provider fails to remove or relocate the small cell facility and/or wireless support structure or portion thereof as requested by the Town within 120 days of the Town's notice, then the Town shall be entitled to remove the small cell facility and/or wireless support structure, or portion thereof, at the wireless provider's sole cost and expense, without further notice to the wireless provider. The wireless provider shall, within 30 days following issuance of invoice for the same, reimburse the Town for its reasonable expenses incurred in the removal (including, without limitation, overhead and storage expenses) of the small cell facilities and/or wireless support structure, or portion thereof.
Removal required by Town for safety and imminent danger reasons.
The wireless provider shall, at its sole cost and expense, promptly disconnect, remove, or relocate the applicable small cell facility and/or wireless support structure within the time frame and in the manner required by the Town if the Town reasonably determines that the disconnection, removal, or relocation of any part of a small cell facility and/or wireless support structure A) is necessary to protect the public health, safety, welfare, or Town property, or B) the wireless provider fails to obtain all applicable licenses, permits, and certifications required by law for its small cell facility and/or wireless support structure.
If the Town reasonably determines that there is imminent danger to the public, then the Town may immediately disconnect, remove, or relocate the applicable small cell facility and/or wireless support structure at the wireless provider's sole cost and expense.
A wireless provider shall promptly notify the Town of a decision to remove from service a wireless facility located on public right-of-way.
A wireless provider shall remove a wireless facility that is no longer needed for service and located on a public right-of-way way at the sole cost and expense of the wireless provider.
If the Town concludes that a wireless facility has been abandoned in place, the Town may remove the wireless facility and invoice the wireless provider for the actual and documented cost incurred by the Town for removal.
Until a wireless facility that is located on a public right-of-way is removed from the public right-of-way, a wireless provider shall pay all fees and charges due the Town, regardless of whether a wireless facility is operational.
The Town may require a surety bonding for wireless providers.
The purpose of a surety bond required under Subsection A of this section shall be to:
Provide for the removal of abandoned or improperly maintained small wireless facilities, including those that the Town requires to be removed to protect public health, safety, or welfare, and restore the right-of-way; and
Recoup rates or fees that have not been paid by a wireless provider, subject to 30 days' prior written notice to the wireless provider and the opportunity to pay the rates or fees outstanding.
The following fees shall be payable at the time of application: For wireless communications facilities and related overhead and underground wiring, cable, hoses, pipes and similar facilities:
A failure to comply with the provisions of this article shall constitute an infraction. Any violation of sections shall be subject to a penalty of $200. Each day that a violation continues is a separate occurrence.