No person shall create or maintain any obstruction on any public
way. In addition, this prohibition shall include but is not limited
to:
A.
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;
B.
Placement, erection, or maintenance of any building on a public way;
and
C.
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:
A.
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.
B.
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.
C.
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.
D.
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.
E.
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.
[Effective 2-19-1980]
[Effective 3-20-2007]
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.
[Added 1-14-2019 by Ord.
No. 19-O-01]
A.
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:
B.
Exemptions. The following are exempted from the requirements of this
article:
(1)
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;
(2)
The placement or modification of wireless facilities by the Town
or by any other agency of the state solely for public safety purposes.
(3)
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.
(4)
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.
C.
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.
D.
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.
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.
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.
The term "base station" shall has the same meaning as in
47 CFR § 1.40001.
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.
To install, mount, maintain, modify, operate, or replace
wireless facilities on a wireless support structure.
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.
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:
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
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
The facility does not require antenna structure registration;
The facility does not result in human exposure to radio frequency
radiation in excess of the applicable safety standards specified by
federal law.
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.
A structure in the rights-of-way designed to support electric,
telephone and similar utility lines. A tower is not a utility pole.
A person that owns, controls, operates or manages a wireless
telecommunications facility or portion thereof within the right-of-way.
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.
Those regulations adopted to implement the provisions of
this article.
An entity that provides wireless services to end users.
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.
A.
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.
B.
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.
C.
Standards. Wireless telecommunications facilities shall be installed
and modified in a manner that:
(1)
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;
(2)
Ensures that installations are subject to periodic review to minimize
the intrusion on the rights-of-way; and
(3)
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.
(4)
Ensures that location of facilities on existing poles or structures
is within the tolerance of those poles or structures.
D.
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:
(1)
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.
(2)
Antennas placed elsewhere on a support structures shall be incorporated
into the structure, or be designed and placed to minimize visual impacts.
(3)
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.
(4)
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.
(5)
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.
(6)
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.
(7)
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.
(8)
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.
(9)
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.
(10)
No wireless telecommunications facility is permitted in any
local historic district without the approval of the Prince George's
County Historic Preservation Commission.
A.
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.
B.
Content. An application must contain:
(1)
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.
(2)
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.
(3)
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.
(4)
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.
(5)
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.
(6)
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.
(7)
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.
(8)
Payment of any required fees.
(9)
Before a permit is issued, concurrent agreement to any required franchise
or license agreement must be provided.
C.
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.
D.
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.
E.
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.
F.
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.
G.
Upon any required inspection, the work may be accepted and a certificate
of completion may be issued by the Town.
A.
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.
B.
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.
C.
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.
A.
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.
B.
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:
(1)
Carry, at the wireless provider's sole cost and expense, the
following types of third-party insurance:
(a)
Property insurance for its property's replacement cost
against all risks with limits of $2,000,000 each occurrence/aggregate:
(b)
Workers' compensation insurance, as required by law; and
(c)
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
(2)
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.
A.
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.
B.
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.
A.
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.
B.
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.
C.
Removal required by Town for safety and imminent danger reasons.
(1)
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.
(2)
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.
A wireless provider shall promptly notify the Town of a decision
to remove from service a wireless facility located on public right-of-way.
B.
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.
C.
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.
D.
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.
A.
The Town may require a surety bonding for wireless providers.
B.
The purpose of a surety bond required under Subsection A of this section shall be to:
(1)
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
(2)
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.
