[HISTORY: Adopted by the Mayor and Council
of the City of Taneytown 4-8-2019 by Ord. No. 3-2019. Amendments noted where
applicable.]
GENERAL REFERENCES
Cable television — See Ch. 93.
As used in this chapter, the following terms shall have the
meanings indicated:
Communications equipment that transmits and/or receives electromagnetic
radio frequency signals used in the provision of wireless services.
This definition does not apply to broadcast antennas, antennas designed
for amateur radio use, or satellite dishes for residential or household
purposes.
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 City of Taneytown,
including any amendments adopted by the City of Taneytown, or otherwise
are applicable in the jurisdiction.
Any person who submits an application under this chapter.
A written request, on a form provided by the City of Taneytown,
for a permit.
To install or mount a small wireless facility in the public
ROW on an existing support structure, an existing tower, or on an
existing pole to which a small wireless facility is attached at the
time of the application. "Co-location" has a corresponding meaning.
Cable service, as defined in 47 U.S.C. § 522(6);
broadband services, as defined in 47 U.S.C. § 153(24); or
telecommunications service, as defined in 47 U.S.C. § 153(53).
A provider of communications services and includes a cable
operator, as defined in 47 U.S.C. § 522(5).
An application that contains all necessary and required information
and/or data as set forth in this chapter and that is necessary to
enable an informed decision to be made with respect to an application
and action on the application.
A technology using antenna-combining technology allowing
for multiple carriers or wireless service providers to use the same
set of antennas, cabling or fiber-optics.
A pole that is specially designed and placed for aesthetic
purposes.
An eligible facility request as set forth in 47 CFR 1.4000l(b)(3),
as that section may be amended from time to time.
Wireless transmitting and/or receiving equipment, including
any associated electronics and electronics shelter or cabinet and
generator.
The Federal Communications Commission of the United States.
The distance measured from the pre-existing grade level to
the highest point on the tower or support structure, even if said
highest point is an antenna or lightning-protection device. As regards
increasing the height of an existing structure, height means the height
above the top of the structure prior to any work related to a wireless
facility.
Collectively, any and all Federal, State, or local law, statute,
common law, code, rule, regulation, order, or ordinance.
The addition, removal or change of any of the physical and
visually discernible components or aspects of a wireless facility
with identical components, including but not limited to antennas,
cabling, equipment shelters, landscaping, fencing, utility feeds,
changing the color or materials of any visually discernible components,
vehicular access, parking and/or an upgrade or change-out of equipment
for better or more modern equipment. Adding a new wireless carrier
or service provider to an existing support structure or tower as a
co-location is a modification, unless the height, profile or size
of the compound is increased, in which case it is not a modification.
Inspections, testing and/or repairs that maintain functional
capacity, aesthetic and structural integrity of a communications facility
and/or the associated support structure, pole or tower, that does
not require blocking, damaging or disturbing any portion of the public
ROW.
A written authorization (in electronic or hard copy format)
to install, at a specified location(s) in the public ROW, a communications
facility, tower or a pole to support a communications facility.
An applicant that has received a permit under this chapter.
An individual, corporation, limited liability company, partnership,
association, trust, or other entity or organization, including a governmental
entity.
A legally constructed pole, such as a utility, lighting,
traffic, or similar pole made of wood, concrete, metal or other material,
located or to be located within the public right-of-way.
A communications services provider or a wireless services
provider and includes any person that owns and/or operates within
the public ROW any communications facilities, wireless facilities,
poles built for the sole or primary purpose of supporting communications
facilities.
The area on, below, or above property that has been designated
for use as or is used for a public roadway, highway, street, sidewalk,
alley or similar purpose, and for purposes of this chapter shall include
public utility easements.
Unless otherwise specified or restricted by the terms of
the easement, the area on, below, or above a property in which the
property owner has dedicated an easement for use by utilities.
The replacement or repair of any components of a wireless
facility or complex where the replacement is in its effect, size and
operation identical to the component being replaced, or for any matters
that involve the normal repair and maintenance of a wireless facility
or complex without the addition, removal or change of any of the physical
or visually discernible components or aspects of a wireless facility
or complex that will impose new visible burdens of the facility or
complex as originally permitted. Any work that changes the services
provided to or from the facility, or the equipment, is not repairs
or maintenance.
In connection with an existing pole, support structure or
tower, to replace (or the replacement of) same with a new structure,
substantially similar in design, size and scale to the existing structure
and in conformance with this chapter and any other applicable City
of Taneytown Code regulations, in order to address limitations of
the existing structure to structurally support Co-location of a communications
facility.
A wireless facility that meets the following criteria:
Each antenna associated with the deployment, excluding the associated
equipment, is not more than three cubic feet in volume;
All other wireless equipment associated with the antenna, including
the provider's preexisting equipment, is cumulatively no more
than 28 cubic feet in volume;
The facility does not require antenna structure registration
under Federal law; and
The facility does not result in human exposure to radiofrequency
radiation in excess of applicable safety standards under Federal law.
The state of Maryland.
A design or treatment that minimizes adverse aesthetic and
visual impacts on the land, property, buildings, and other facilities
adjacent to, surrounding, and in generally the same area as the requested
location of such wireless telecommunications facilities, which shall
mean building the least visually and physically intrusive facility
and complex that is not technologically impracticable under the facts
and circumstances. Stealth technique includes such techniques as:
A change or modification that:
Increases the existing vertical height of the structure; or
Adds an appurtenance to the body of a wireless support structure
that protrudes horizontally from the edge of the wireless support
structure or more than the width of the wireless support structure;
or
Increases the square footage of the existing equipment.
A structure in the public ROW other than a pole or a tower
to which a wireless facility is attached at the time of the application.
Any structure in the public ROW built for the sole or primary
purpose of supporting a wireless facility. A tower does not include
a pole or a support structure.
The equipment at a fixed location or locations in the public
ROW that enables wireless services. The term does not include coaxial,
fiberoptic or other cabling that is between communications facilities
or poles or that is otherwise not immediately adjacent to or directly
associated with a particular antenna. A small wireless facility is
one type of a wireless facility.
Any wireless services using licensed or unlicensed spectrum,
whether at a fixed location or mobile, provided to the public.
A person who provides wireless services.
A.
Prior to any construction, installation, or any other work performed,
other than ordinary maintenance and repairs, in the public ROW any
communications facility, or any pole built for the sole or primary
purpose of supporting a communications facility, a person shall first
receive a right-of-way use permit and pay any applicable fees, as
required by this chapter. No right-of-way use permit shall be issued
until the applicant has entered into a right-of-way access agreement
in a form approved by the City according to this chapter.
(1)
The right-of-way access agreement shall set forth, at a minimum,
the following:
(a)
The maximum term of the agreement and the bases of termination;
(b)
The scope of the subject matter of the agreement;
(c)
The operator's maintenance obligations;
(d)
The operator's indemnification and insurance requirements;
(e)
Emergency contacts required for emergencies related to the facilities;
(f)
The City's right of access and inspection of the facilities;
and
(g)
Any other provision deemed necessary by the parties thereto.
B.
In order to ensure that the location, placement, construction and
modification of a facility do not endanger or jeopardize the public's
health, safety, public welfare, environmental features, the nature
and character of the community or neighborhood and other aspects of
the quality of life specifically listed elsewhere in this chapter,
the City hereby adopts an overall policy and related procedures with
respect to the submittal, review, approval and issuance of permits
or administrative approval granted authority for wireless facilities
for the express purpose of achieving the following outcomes:
(1)
Requiring that permits will not be issued unless the provider has
a Right-of-way access agreement, if required, and has paid all applicable
fees.
(2)
Requiring a right-of-way use permit for any new facility or any modification
of a facility or for a co-located facility.
(3)
Requiring administrative approval and a properly issued right-of-way
use permit for any co-location or modification of a facility that
is not a substantial modification or co-location.
(4)
Implementing an application process and requirements.
(5)
Establishing procedures for examining an application and issuing
a right-of-way use permit or administrative approval that is fair
and consistent.
(6)
Promoting, and requiring, wherever possible, the sharing and/or co-location
of support structures among service providers.
(7)
Requiring, promoting and encouraging, wherever possible, the placement,
height and quantity of attachments to a facility in such a manner
as to minimize the physical and visual impact on the community, including
but not limited to the use of stealth siting techniques.
(8)
The City is the officially designated agency or body of the municipality
to whom applications for right-of-way use for a facility must be made,
and that is authorized to make decisions with respect to granting
or not granting or revoking right-of-way uses applied for under this
chapter.
(9)
The City hereby designates the City Manager or designee as the authority
for requests for all administrative approvals, (i.e., for anything
other than a substantial modification or a new facility).
(10)
Prior to the submission of an application there shall be a preapplication
meeting for all intended applications. The preapplication meeting
may be held either on site or telephonically as deemed appropriate
by the City Manager. The purpose of the preapplication meeting will
be to address:
(11)
Costs of the City's consultants to prepare for and attend the
preapplication meeting will be borne by the applicant and paid for
out of the escrow account created prior to any site visit or preapplication
meeting or any work related to an intended application preceding the
site visit or preapplication meeting.
(12)
If there has not been a prior site visit for the requested facility
within the previous six months, a site visit shall be conducted.
(13)
An applicant shall submit to the City the number of completed applications
determined to be needed at the preapplication meeting. If City action
is required, applications will not be transmitted to the City for
consideration until the application is deemed complete by staff or
the City's consultants.
(14)
All applicants shall closely follow the instructions for preparing
an application. Not following the instructions without permission
to deviate from such shall result in the application being deemed
incomplete and a tolling of the time allowed for action on an application
until a complete application is received.
(15)
Within 30 days of the date of submission of an application, the applicant
shall be notified in writing of any deficiencies related to the completeness
of the application. No additional review or consideration of the application
shall occur until such deficiencies are corrected. Remediation of
deficiencies in an application shall be deemed an amendment of the
application that was received and will again be reviewed for completeness
as provided in this subsection.
(16)
The City may deny applications not meeting the requirements stated
herein or which are otherwise not complete after proper notice and
a reasonable opportunity to make the application complete has been
afforded. Applications will be deemed abandoned if left incomplete
for more than 90 days after the date of notice of incompleteness.
(17)
No work of any kind on or at a facility shall be started until the
application is reviewed and approved and the right-of-way use permit
or administrative approval, as applicable, has been approved in accordance
with the City's Code.
(18)
Any and all representations made by the applicant or that are made
in support of the application shall be deemed to be on the record,
whether written or verbal, and shall be deemed to have been relied
upon in good faith by the City. Any verbal representation shall be
treated as if it were made in writing.
(19)
Other than to remediate non-compliant situations related to matters
of safety or the conditions of a permit, no permits for work at a
facility shall be issued where the facility is not in full compliance
with all applicable local, state and federal laws, rules, regulations
and orders. A facility not in full compliance with this chapter shall
be required to be brought into full compliance before any permit of
any kind will be issued.
(20)
An application shall be signed on behalf of the applicant(s) by a
person vested with the authority to bind and commit the applicant
attesting to the truthfulness, completeness and accuracy of the information
presented.
(21)
Applications shall include written commitment statements to the effect
that:
(a)
The applicant's facility shall at all times and without
exception be maintained in a safe manner, and in compliance with all
conditions of all permits, as well as all applicable and permissible
local codes, ordinances, and regulations and all applicable City,
state and federal laws, rules, and regulations, unless specifically
granted relief by the City in writing; and
(b)
The construction of the facility is legally permissible, including,
but not limited to, the fact that the applicant is licensed to do
business in the state.
(22)
Where a certification is called for in this chapter, such certification
shall bear the signature and seal of a professional engineer licensed
in the state.
(23)
A permittee of a right-of-way use permit or administrative approval
granted authority under this chapter shall obtain, at its own expense,
all permits and licenses required by applicable law, ordinance, rule,
regulation or code, and must maintain the same, in full force and
effect, for as long as required by the City or other governmental
entity or agency having jurisdiction over the applicant.
(24)
An applicant intending to co-locate on or at an existing facility
or complex shall be required to document the intent of the existing
owner to permit its use by the applicant.
(25)
Any technical information must be provided in such a manner, detail
and form that the content and any conclusions are able to be verified
by a third party using the information used and provided by the applicant.
(26)
All costs associated with the preparation and submission of an application
and/or necessitated by the requirements for obtaining and maintaining
any and all City permits shall be borne by the applicant or permittee.
(27)
Inventory of existing sites. Each applicant for approval of an antenna
and/or a facility shall provide to the City Manager an inventory of
its existing antennas and facilities that are within the jurisdiction
of the City, including specific information about the location, height
and design characteristics of each antenna. Applicants are encouraged
to submit an inventory of potential future facility sites within the
jurisdiction of the City. The City Manager may share such information
with other applicants applying for administrative approval under this
section or other organizations seeking to locate antennas within the
jurisdiction of the City; provided, however, that the City Manager
is not, by sharing such information, in any way representing or warranting
that such sites are available or suitable.
(28)
Applicants must submit information showing that the small cell complies
with the Federal Communications Commission's regulations concerning
radio frequency emissions referenced in Section 332(c)(7)(B)(iv) of
Title 47 of the United States Code.
(29)
The permit may be rescinded if construction is not substantially
commenced within one year. Absent a showing of good cause, an applicant
under this section may not renew the permit or resubmit an application
to develop a small cell at the same location within six months of
rescission.
(30)
A permit shall be rescinded if construction is not completed within
six months from the beginning of construction.
A.
All applicants for a right-of-way use permit for a new wireless facility,
that constitutes a substantial modification, shall comply with the
requirements set forth in this section. In addition to the required
information set forth in this section, all applications for the construction
or installation of a new wireless facility or substantial modification
shall contain the information hereinafter set forth prior to the issuance
of a right-of-way use permit. Any technical information must be provided
in such a manner, form and with such content that it is able to be
verified by a third party using the information used and provided
by the applicant.
(1)
Ownership and Management.
(a)
The name, address, phone number and e-mail address of the person
preparing the application;
(b)
The name, address, phone number and e-mail address of the applicant,
including the legal name of the applicant. If the owner of the structure
is different than the applicant, the name, e-mail address and all
necessary contact information shall be provided;
(c)
The postal address and tax map parcel number of the proposed
site;
(d)
A copy of the FCC license(s) applicable for the intended use(s)
of the wireless telecommunications facilities, including all FCC-licensed
frequency bands to be used;
(e)
The applicant shall disclose in writing any agreement in existence
that would limit or preclude the ability of the applicant to share
any new telecommunications tower or support structure that it constructs
or has constructed for it.
(2)
Zoning and planning.
(a)
The zone in which the proposed site is located;
(b)
The size of the property footprint on which the structure to
be built or attached is located, stated both in square feet and lot
line dimensions, and a survey showing the location of all property
lot lines;
(c)
The location, size of the footprint and height of all existing
and proposed structures, enclosures and cabinets on the property on
which the structure is located and that are related to the subject
of the application;
(d)
A site plan to scale, not a hand-drawn sketch, showing the footprint
of the facilities/support structures;
(e)
Street-view elevation drawings showing the profile or the vertical
rendition of the facility or support structure and identifying all
existing and proposed attachments, including the height above the
existing grade of each attachment and the owner or operator of each,
as well as all lighting;
(f)
The type of tower or support structure, the size of antenna
proposed;
B.
Fees and charges.
(1)
Permit application fee. Every applicant shall pay a permit application
fee as set forth in the City's fee schedule. The fee shall be
paid upon submission of the application.
(2)
Right-of-way access agreement application fee. Every person requesting
a right-of-way access agreement from the City shall pay an application
fee as set forth in the City's fee schedule. The fee shall be
paid upon submission of the application.
(3)
ROW use fee. In exchange for the privilege of nonexclusive occupancy
of the public ROW, the provider shall pay the City a fee as set forth
in the City's fee schedule. The ROW use fee shall be due and
payable within 30 days of execution of the right-of-way access agreement
or the issuance of the applicable permit(s) required under this chapter,
whichever is sooner.
(4)
Other fees. The applicant or provider shall be subject to any other
generally applicable fees of the City or other government body, such
as those required for electrical permits, building permits, or street
opening permits, which the applicant or provider shall pay as required
in the applicable laws.
(5)
No refund. Except as otherwise provided in the right-of-way access
agreement, the provider may remove its communications facilities or
poles from the public ROW at any time, upon not less than 30 days'
prior written notice to the City, and may cease paying to the City
any applicable recurring fees for such use, as of the date of actual
removal of the facilities and complete restoration of the public ROW.
In no event shall a provider be entitled to a refund of fees paid
prior to removal of its communications facilities or poles
(6)
Bonds. Unless otherwise provided in a right-of-way use agreement
or agreed to in writing by the City, a performance bond or other form
of surety acceptable to the City equal to at least 125% of the estimated
restoration cost of the work within the public ROW shall be provided
before the applicant commences work to guarantee the prompt and proper
restoration of the public right-of-way.
C.
Effect of permit. A permit from the City authorizes an applicant
to undertake only the activities in the public ROW specified in the
application and permit, and in accordance with this chapter and any
general conditions included in the permit. A permit does not authorize
attachment to or use of existing poles, support structures or other
structures in the public ROW not owned by the City; a permittee or
provider must obtain all necessary approvals from the owner of any
pole, tower, support structure or other structure prior to any attachment
or use. A permit does not create a property right or grant authority
to the applicant to interfere with other existing uses of the public
ROW.
D.
Not transferrable or assignable. No permit shall be issued except
to a wireless service provider with immediate plans for use of the
subject communication facility. A permit issued under this chapter
may not be assigned or transferred.
E.
Batch permit provision. An applicant may simultaneously submit applications
for communications facilities, or may file a single, consolidated
application covering such communications facilities, provided that
the proposed communications facilities are to be deployed on the same
type of structure using similar equipment and within an adjacent,
related geographic area of the corporate limits of the City. If the
applicant files a consolidated application, the applicant shall pay
the application fee calculated as though each communication facility
were a separate application.
F.
Public notification.
(1)
Before making its decision on any application, the Planning Commission
will hold a public meeting on the application, wherein the applicant
will present its plan and application.
(2)
Applicant is responsible for providing at least 15 days written notice
of the time and place of such meeting to the owners of all properties
within a 300-foot radius of the proposed site. The applicant shall
provide a list of these property addresses with the application and
an affidavit attesting that notice as provided herein has been sent
via certified mail, return receipt.
A.
The provider shall not locate or maintain its communications facilities
or poles so as to unreasonably interfere with the use of the public
ROW by the City, by the general public or by other persons authorized
to use or be present in or upon the public ROW.
B.
All work at a facility shall be done in strict compliance with all
current applicable technical, safety and safety-related codes adopted
by the City, state, or United States, including but not limited to
the most recent edition of the TIA ANSI Code, National Electric Safety
Code, the National Electrical Code, the Occupational and Safety and
Health Administration (OSHA) regulations, and accepted and responsible
workmanlike industry practices. The codes referred to are codes that
include, but are not limited to, construction, building, electrical,
fire, safety, health, and land use codes. In the event of a conflict
between or among any of the preceding, the more stringent shall apply.
C.
Unless such is proven to be technologically impracticable, the City
requires the co-location of new antenna arrays on existing structures
and the use of underground utilities whenever possible as opposed
to the construction of new structures and utilities or increasing
the height, footprint or profile of a facility beyond the conditions
of the approved right-of-way use permit for an existing facility as
determined by the City in its sole discretion.
D.
A support structure and any and all accessory or associated structures
shall maximize the use of building materials, colors and textures
designed to blend with the structure to which it may be affixed and
to harmonize with the natural surroundings. This shall include the
utilization of stealth or camouflage or concealment technique as may
be required by the City.
E.
A DAS system that is owned or operated by a commercial carrier and
is part of a commercial wireless system, or is used for commercial
purposes, is expressly included in the context of this chapter, regardless
of the location or whether the facility or any of its components are
located inside or outside a structure or building.
F.
Any new wireless facility shall be designed and constructed so as
to be the least visually intrusive, create the least visual impact
reasonably possible and have the least negative impact on nearby property
values, provided that, pursuant to 47 U.S.C. § 332(c)(7)(B)(II),
compliance with this requirement does prohibit or effectively serve
to prohibit the provision of the intended service from one or more
facilities.
G.
Whenever possible, it is preferred that equipment cabinets not fully
enclosed within a support structure be located underground.
H.
Aboveground placement of facilities and equipment cabinets shall
be installed in the public right-of-way and:
(1)
In a manner that does not impede, obstruct, or hinder pedestrian
or vehicular travel.
(2)
Does not significantly create a new obstruction to property sight
lines.
(3)
At the intersection of property lines, or along secondary property
street facing.
(4)
In alignment with existing trees, utility poles, and streetlights.
(5)
Equal distance between trees when possible, with a minimum of fifteen-foot
separation such that no proposed disturbance shall occur within the
critical root zone of any tree.
(6)
With appropriate clearance from existing utilities.
(7)
Located at least 10 feet away from the triangle extension of a driveway
flare.
(8)
No closer than 250 feet away, radially, from another freestanding
small cell.
(9)
Set back at least 40 foot from any residential structure.
(10)
Comply with specifications for utility construction guidelines.
(11)
All lines, including power and transport facilities, connecting to
a new freestanding pole shall be placed in duct or conduit that is
buried below ground.
(12)
New overhead wiring to accommodate the antennas will not be permitted.
I.
All proposed freestanding small cell infrastructure shall be designed:
(1)
To camouflage and conceal to the maximum extent feasible all proposed
equipment within proposed freestanding antenna pole(s) as applicable
and consolidate all equipment within approved singular enclosures;
and
(2)
To meet the following size limitations of equipment:
(a)
Any new freestanding antenna pole shall be 25 feet or less in
total height in any existing or planned (i.e., platted) residential
neighborhood. Said height limit shall not be as of right but shall
be the maximum permissible height subject to the verifiable proof-of-technical
need information submitted.
(3)
So that no signage, banner or advertising is located upon the facility
except for City signs and/or banners.
(4)
So that the parent owner of each facility, company pole code identifying
information, and emergency telephone number is imprinted/etched on
a metallic plaque not to exceed four inches by six inches in size
and permanently mounted onto the freestanding antenna pole at approximately
four feet to six feet from ground level so visible to the public and
onto any associated ground-mounted equipment, in addition to any other
signage required by law (e.g., RF ground notification signs). Any
applicant must identify the proposed frequency or frequencies to be
used by the associated network node(s).
J.
Any application to an existing pole.
(1)
All antennas and all of the antennas' exposed elements and/or
shroud transitions shall be mounted at the top of the proposed pole
with the following criteria:
(a)
All of the antenna equipment be enclosed within a single cylindrical
antenna shroud, preferably matching the pole shaft diameter.
(b)
The antenna shroud shall match pole color, finish, and be as
solid as feasible to visually conceal all contents and/or wiring.
(c)
Once transitioned from the pole shaft, the antenna shroud diameter
shall remain consistent.
(d)
The antenna shroud may not exceed a height of five feet.
(2)
If the applicant demonstrates that antenna equipment cannot be located
as above, a shrouded, externally mounted antenna package may be proposed.
This equipment may not:
(a)
Protrude from the outer circumference of the existing structure
or pole by more than two feet.
(b)
Exceed a height of five feet, mounted longitudinally to the
pole shaft.
(c)
All remaining equipment to be located at the pole, including
radios not mounted at top of pole, electric meters, grounding equipment,
cutoff switches, etc., shall be fully enclosed within a base shroud
that:
[1]
Is structural to fully support the pole while maximizing equipment
volume.
[2]
Is cylindrical with a maximum consistent diameter of 16 inches,
not including small architectural banding features. This diameter
may be increased on a case-by-case basis to 20 inches if it combines
multiple carriers or uses.
[3]
Does not exceed a height of six feet from mounting surface.
[4]
Matches pole color, finish, and be as solid as feasible to visually
conceal and lock all contents and/ or wiring.
[5]
Any equipment attached to node support poles must be mounted
so that all parts are at least seven feet or higher above adjacent
surface grade.
(3)
While not preferred, any ground-mounted enclosures separate from
associated pole will be reviewed and approved on a case by case basis,
and:
(a)
Proposed elements of pole shall be aesthetically matching and
consistent with character and height of adjacent poles and streetlights
or as otherwise approved and agreed to by the City.
(b)
May require landscaping or other aesthetic improvements, depending
upon location.
(c)
For network nodes or equipment placed on existing poles, the
color of the network nodes snail match the existing pole color, such
that the network nodes blend with the existing pole.
(d)
Such related equipment shall have a maximum footprint area of
10 square feet with a maximum height of two feet, and must be so located
and installed in accordance with the applicable setback and other
requirements of the zone in which the property is classified.
K.
Ordinary maintenance and repair. A permit shall not be required for
ordinary maintenance and repair. The provider or other person performing
the ordinary maintenance and repair shall obtain any other permits
required by applicable laws and shall notify the City in writing at
least seven calendar days before performing the ordinary maintenance
and repair.
L.
Material changes. The City may require payment of an additional permit
application fee in the event the City determines, in its sole discretion,
that material changes to an application after submission amount to
a new application and will materially increase the time and/or costs
of the permit review process. Unless otherwise agreed to in writing
by the City, any material changes to an application, as determined
by the City in its sole discretion, shall be considered a new application
for purposes of the time limits set forth.
A.
Safety. In performing any work in or affecting the public ROW, the
provider, and any agent or contractor of the provider, shall comply
with all other applicable laws.
B.
Traffic control. Unless otherwise specified in the permit, the permittee
shall erect a barrier around the perimeter of any excavation and provide
appropriate traffic control devices, signs and lights to protect,
warn and guide the public (vehicular and pedestrian) through the work
zone. The manner and use of these devices shall be described within
a traffic control plan in accordance with the Uniform Manual of Traffic
Control Devices. The permittee shall maintain all barriers and other
traffic control and safety devices related to an open excavation until
the excavation is restored to a safe condition or as otherwise directed
by the City.
C.
Utility locate. Before beginning any excavation in the public ROW,
the permittee shall comply with Maryland's Miss Utility Law.
D.
Compliance with permit.
(1)
All construction practices and activities shall be in accordance
with the permit and approved final plans and specifications. The City
and its representatives shall be provided access to the work site
and such further information as they may require ensuring compliance
with such requirements. All work that does not comply with the permit,
the approved plans and specifications for the work, or the requirements
of this chapter, shall be removed at the sole expense of the permittee.
The City may stop work in order to assure compliance with the provision
of this chapter.
(2)
In addition to obtaining a permit for installation of a communications
facility, poles built for the sole or primary purpose of supporting
communications facilities, in the public ROW, an applicant must obtain
all other required permits, including, but not limited to, City, Carroll
County and the State of Maryland.
E.
Restoration requirements.
(1)
The provider, or its agent or contractor, shall restore, repair and/or
replace any portion of the public ROW that is damaged or disturbed
by the provider's communications facilities, poles or work in
or adjacent to the public ROW.
(2)
If the provider fails to timely restore, repair or replace the public
ROW as required in this subsection, the City or its contractor may
do so and the provider shall pay the City's costs and expenses
in completing the restoration, repair or replacement.
F.
Removal, relocation and abandonment.
(1)
Within 30 days following written notice from the City, the provider
shall, at its own expense, protect, support, temporarily or permanently
disconnect, remove, relocate, change or alter the position of any
of its communications facilities, poles, or support structures within
the public ROW, including relocation of aboveground communications
facilities underground (consistent with the provisions of this chapter),
whenever the City has determined, in its sole discretion, that such
removal, relocation, change or alteration is necessary for the construction,
repair, maintenance, or installation of any City improvement, the
operations of the City in, under or upon the public ROW, or otherwise
is in the public interest. The provider shall be responsible to the
City for any damages or penalties it may incur as a result of the
provider's failure to remove or relocate communications facilities,
poles, or support structures as required in this chapter.
(2)
The City retains the right and privilege to cut or move any communications
facility, pole, or support structure located within the public ROW
of the City, as the City may determine, in its sole discretion, to
be necessary, appropriate or useful in response to any public emergency.
If circumstances permit, the City shall notify the provider and give
the provider an opportunity to move its own facilities prior to cutting
or removing the communications facility, pole, support structure or
tower. In all cases the City shall notify the provider after cutting
or removing the communications facility, pole, support structure or
tower as promptly as reasonably possible.
(3)
A provider shall notify the City of abandonment of any communications
facility, pole, or support structure at the time the decision to abandon
is made; however, in no case shall such notification be made later
than 30 calendar days prior to abandonment. Following receipt of such
notice, the provider shall remove its communications facility, pole,
or support structure at the provider's own expense, unless the
City determines, in its sole discretion, that the communications facility,
pole, or support structure may be abandoned in place. The provider
shall remain solely responsible and liable for all of its communications
facilities, poles or, support structures until they are removed from
the public ROW unless the City agrees in writing to take ownership
of the abandoned communications facilities, poles, or support structures.
(4)
If the provider fails to timely protect, support, temporarily or
permanently disconnect, remove, relocate, change or alter any of its
communications facilities, poles, or support structures or remove
any of its abandoned communications facilities, poles, or support
structures as required in this subsection, the City or its contractor
may do so, and the provider shall pay all costs and expenses related
to such work, including any delay damages or other damages the City
incurs arising from the delay.
G.
As-builts and maps. The provider, at no cost to the City, shall provide
maps showing location of equipment in the ROW and as-builts after
construction.
Violation of any of the provisions of this chapter shall be
a municipal infraction punishable with a civil penalty of $150 for
each violation. Each day that a violation occurs or is permitted to
exist by the applicant or provider constitutes a separate offense.
In addition thereto, the City may also seek any and all legal or equitable
remedies available to enforce the provisions of this chapter.
This chapter shall take effect immediately upon its adoption.
