As used in this chapter:
That part of a wireless communications facility designed
to radiate or receive RF signals or electromagnetic waves for the
provision of services, including, but not limited to, cellular, paging,
personal communications services and microwave communications.
The person applying for a permit under this chapter, including
the applicant's officials, employees, agents, and contractors.
The same as defined by the FCC in 47 CFR 1.40001(b)(2), as
may be amended, which defines that term as the mounting or installation
of transmission equipment on an eligible pole for the purpose of transmitting
or receiving RF signals for communications purposes. As an illustration
and not a limitation, the FCC's definition effectively means
"to add" and does not necessarily refer to more than one wireless
communication facility installed at a single site.
Collectively, the equipment at a fixed location or locations
within a City right-of-way that enables communications services, including:
Radio transceivers, antennas, coaxial, fiber-optic or other
cabling, power supply, backup battery, and comparable equipment, regardless
of technological configuration; and
All other equipment associated with any of the foregoing. A
communications facility does not include the pole, tower or support
structure to which the equipment is attached.
A proposed or existing pole located in the City right-of-way
or a pole proposed to replace an existing pole in the right-of-way
to which communications facilities are attached or proposed or intended
to be attached.
The Director of Public Works or his or her designee.
The Federal Communications Commission.
The person that receives a permit to work in or install facilities,
equipment or structures in the right-of-way under this chapter and
the person that owns facilities, equipment or structures permitted
to be installed under this chapter, including the permittee's
officials, employees, agents, and contractors.
A single shaft of wood, steel, concrete, or other material
at least 26 feet tall and capable of supporting the equipment mounted
thereon in a safe and adequate manner, including a privately owned
utility pole.
A utility pole that is not owned by municipal, county, or
state government.
Radio frequency or electromagnetic waves between 30 kHz and
300 GHz in the electromagnetic spectrum range.
A.
The installation of communications facilities and communications
support structures in a City right-of-way shall require a permit under
this chapter. No permit shall be issued with respect to the installation
of communications facilities or communications support structures
in, on or over any City street, sidewalk, or right-of-way unless and
until the permit applicant and the City have negotiated and executed
a franchise or right-of-way use agreement setting forth the terms
and conditions, including fair compensation to the City, for the applicants'
use of the City right-of-way and, where applicable, lease payments
for the use of any City-owned poles or facilities.
B.
In addition to the other information required by this article, an
application for such a permit shall submit the following information
pertaining to particular sites or a proposed deployment:
(1)
A technical description of the proposed facilities, along with detailed
diagrams accurately depicting all proposed facilities and support
structures;
(2)
A detailed deployment plan describing construction planned for the
twelve-month period following the issuance of the permit, and a description
of the completed deployment;
(3)
An engineering certification relating to the proposed construction
signed by a professional engineer licensed in Maryland;
(4)
A statement describing the applicant's intentions with respect
to co-location;
(5)
A statement demonstrating the permittee's duty to comply with
applicable safety standards for the proposed activities in the City
rights-of-way;
(6)
In the case of a proposed attachment to a City-owned facility located
in the City rights-of-way, an executed attachment agreement with the
City;
(7)
In the case of a proposed attachment to an investor-owned utility
pole in the rights-of-way, an executed attachment agreement with the
utility pole owner; and
(8)
Such other information as the City Administrator may require.
C.
The applicant shall pay a processing fee to the City at the time
application to install wireless facilities in a public right-of-way
is made, in addition to any other fees required by this chapter or
by this Code generally. The amount of the fee shall be set by the
City Administrator.
D.
General findings required for issuance of permits regarding communications
facilities and communications support structures. A permit shall not
be issued for the proposed installation of communications facilities
and communications support structures in the City right-of-way when
the location selected in the application is in an area where there
is an overconcentration of communications facilities or communications
support structures, on or over the right-of-way, as determined by
the Director in the Director's reasonable discretion and judgment.
Any communications facilities and communications support structures
installed in a City right-of-way, including those attached to a structure
in the right-of-way, must:
(1)
Comply with all structural and safety standards specified by the
Director;
(2)
Not obstruct pedestrian or vehicular traffic flow or sight lines,
and not to obstruct parking or the entering and exiting of persons
from vehicles parked in the right-of-way.
(3)
Comply with the Americans with Disabilities Act;
(4)
If a communications support structure, have a diameter and height
no greater than the maximums established by the Director, but be tall
enough to ensure that all attached equipment is at least 15 feet above
ground;
(5)
If a replacement communications support structure, be located within
two feet of the base of the previously existing communications support
structure and at the same distance from the edge of the travel lane,
unless the Director determines that a different location is preferable
to facilitate pedestrian use of the right-of-way, vehicle and pedestrian
sight lines, or the City's use of the right-of-way;
(6)
If an antenna, be demonstrated to be the least visible antenna possible
to accomplish the coverage objectives;
(7)
For antennas, antenna mounts, and cabinets, be situated, screened,
shrouded, concealed or treated to minimize visual and acoustic impact
(including having antennas flush-mounted to the extent reasonably
feasible), as determined in consultation with the Director. All antenna
mounts shall be designed so as not to preclude possible future co-location
by the same or other operators or carries;
(8)
Have a color and finish for antennas, antenna mounts, cabinets and
poles to be determined in consultation with the Director to minimize
visual impact to the neighborhood, taking into consideration historic
area designations and color and design schemes for City facilities,
commercial districts, and other areas with aesthetic guidelines;
(9)
Be designed to be resistant to unauthorized access, climbing, vandalism,
and other activities that result in hazardous situations, interception
of communications or attractive nuisances; and
(10)
Comply with such other requirements and conditions as the Director
may determine are appropriate.
E.
The Director may require modifications to a proposed project before
granting a permit and impose conditions when granting a permit.
F.
In the event of an unexpected repair or emergency, the responsible
person may commence such repair and emergency response work as required
under the circumstances, provided that the responsible person shall
notify the City as promptly as possible of such repair or emergency
work and shall obtain a permit from the City for such work, if required,
as soon as possible.
A.
Communications facilities and communications support structures proposed
to be located in the City right-of-way shall meet the following requirements:
(2)
Compliance with all relevant requirements of the Prince George's
County Zoning Ordinance;
(3)
Absent a specific finding by the Director, communications facilities
may only be installed on existing utility poles, and only entities
certified by the Maryland Public Service Commission pursuant to the
Annotated Code of Maryland, Public Services and Utilities, Division
I, Title 7 or Title 8, as amended, may erect or contract to erect
replacement poles in the City's right-of-way. To allow the installation
of an additional or replacement pole, the Director must find that:
(4)
If proposed to be attached to a privately owned utility pole, be
authorized by an executed attachment agreement with the utility pole
owner, setting forth, at a minimum, the title, date and term of the
agreement;
(5)
Be necessary in the location of the proposed facility to provide
adequate telecommunications coverage;
(6)
Allow up to but not more than three antennas per pole;
(7)
Have no exterior wiring if the pole on which it is mounted can accommodate
internal wiring or, if necessary, have exterior wiring enclosed in
a shielded conduit; and
(8)
Comply with such other requirements and conditions as the Director
may determine are appropriate.
B.
Communications facilities and communications support structures proposed
to be located on City rights-of-way may be permitted upon a finding
by the Director that:
(2)
The applicant has submitted proof of insurance, documentation of
compliance with federal RF emissions limitations, and a performance
bond required under this chapter;
(3)
The Prince George's County Telecommunications Transmission Facility
Coordinating Committee has recommended the proposed installation if
the installation is subject to review by the Prince George's
County Telecommunications Transmission Facility Coordinating Committee.
(4)
The installation will not harm any trees identified under § 112-2 or the location of the installation minimizes the adverse impact of the installation on such trees to the extent reasonably possible given the need for communications coverage;
(5)
The installation work will be conducted in a manner that minimizes the adverse impact of the project upon trees identified under § 112-2 to the extent reasonable, including the use of reasonable tree protection measures;
(6)
All communications facilities associated with a communications support
structure, including communications facilities associated with a proposed
new antenna and preexisting communications facilities, will be no
more than the maximum volume determined by the Director;
(7)
The structure does not require antenna structure registration under 47 CFR Chapter 1, Part 17, as amended; and
(8)
Each support structure, antenna, and equipment cabinet are labeled
with the identity of the owner or owner's agent, a twenty-four-hour
monitored phone number and email address for reporting problems with
the structure or facility, and a unique identification number.
C.
If the Director determines that any trees must be removed, the permit shall not be issued until the applicant pays the cost of replacing such trees, in accordance with the tree replacement requirements of Chapter 112, except that at least one replacement tree shall be required for each tree that must be removed.
D.
The Director may waive minor variances from the requirements of this
section if the variance does not jeopardize the public health, safety,
or welfare.
F.
Upon installation of an antenna, the RF emissions for the antenna
or, if applicable, the cumulative RF emissions from the new antenna
and any co-located antennas, shall be tested for compliance with federal
limits. If an antenna exceeds federal RF emissions limits or causes
the antennas co-located on a support structure to exceed federal RF
emissions limits, the newly installed antenna must be removed by the
applicant within five days at its own expense.
A.
General permit application requirements for all installation permit
applications except driveway apron permit applications. Applications
for a permit under this chapter shall be filed with the Director on
forms provided by the Director. The application submission shall include,
wherever applicable, the following:
(1)
Right-of-way, name of street (if any) and width of right-of-way,
abutting lots, GIS location, North point, and scale;
(2)
The following information within 50 feet of the site;
(a)
Pavement plan, curb and gutter, sidewalks, curb cuts and driveways,
and dimensions;
(b)
Catch basins, inlets, culverts and other drainage structures,
and dimensions;
(c)
Construction details, including cross-section pavement, curb
and gutter, details of drainage structures, culverts, headwalls, etc.;
(d)
Grading plan and profile, showing existing grades and finishing
grades.
(3)
A certificate from an independent licensed professional engineer
that a proposed installation is structurally sound;
(4)
A statement committing to comply with applicable safety standards
for the proposed activities in the City right-of-way;
(5)
Identity and contact information for the entity performing the work
in the right-of-way; and
(6)
Any additional data and detail required by the Director.
B.
Potential waiver of requirements for all installation permit applications.
The Director may waive plan detail requirements for any application
to install attachments on existing structures that does not involve
excavation or the use of heavy equipment or vehicles outside of the
paved roadway.
C.
Communications facilities and communications support structure permit applications. In addition to the requirements of Subsection A of this section, applicants for a permit to install communications facilities or communications support structures must submit documentation with the following information pertaining to a proposed deployment of communications facilities or communications support structures:
(1)
A technical description of the proposed communication facilities
or support structures, including the purpose and intent of the proposed
facilities or support structures, a written description identifying
the geographic service area for the subject installation, photographs
of the communications equipment to be installed, a description of
the noise emitted by the proposed facilities, an accurate visual impact
analysis with photo simulations, and a list of any existing antennas
mounted on the support structure if the application relates to a proposed
co-location;
(2)
A site plan drawing indicating the proposed installation, right-of-way,
name of street (if any) and width of right-of-way, utility pole identification
number if proposed installation involves attachment to or replacement
of an existing utility pole, abutting lots, all trees in the right-of-way
within 50 feet of the proposed project, North point, and scale;
(3)
A detailed deployment plan describing facilities planned to be installed
by the applicant for the twenty-four-month period following the permit
issuance anywhere in the City or within 500 feet of City limits, including
on private property and Maryland State and County rights-of-way, and
a description of the completed deployment;
(4)
A completed RF exposure guidelines checklist and proof of all applicable
licenses or other approvals required by the FCC; and
(5)
Such other information as the Director may require.
D.
Driveway apron permit applications. Driveway apron applicants shall
provide the address and lot and block number where construction is
to be done and a drawing showing measurement for the property, all
buildings, all porches, all permanent walks, all other permanently
installed improvements and the size and location of the driveway to
be installed.
An application for a permit under this chapter shall not be
accepted by the Director unless and until the required information
is furnished, together with the necessary plans and specifications.
In cases where the plans and specifications submitted to the
Director do not meet the minimum construction standards as provided
in this chapter, or if unusual conditions require a special determination
by the Director as to type of construction, the plans and specifications,
with necessary revisions noted appropriately thereon, shall be returned
to the applicant for revision and resubmission.
The Director, upon receipt of a complete application for a permit, shall review the plans and specifications of the proposed project and consider any public comment on the application and, if satisfied that the plans meet the minimum construction standards as provided in Article IV and all other requirements of this chapter and associated administrative regulations have been complied with, shall issue a permit. The Director may require modifications to a proposed project before granting a permit and impose conditions when granting a permit. The Director may condition the issuance of a permit upon the applicant's payment of an escrow deposit or obtaining a bond to cover costs of possible damage or other related problems to public property be paid to the City. The amount of the escrow deposit or bond shall be determined by the Director based on the project and shall be refunded after completion of the project with the approval of the Director, except as provided otherwise in this chapter.
If a new subdivision or resubdivision is required, then no construction
permit shall be issued by the Director unless and until the Director
has evidence in writing from the Maryland-National Capital Park and
Planning Commission that a preliminary plan and profiles and grades
for the subdivision in which the proposed highway, road, street or
alley construction is located has been approved by the Park and Planning
Commission and by the Washington Suburban Sanitary Commission, as
applicable.
A.
Every applicant shall pay a permit application fee upon submission
of the application. Such fees shall not be refundable. The Director
shall establish a permit application fee schedule that allows the
City to recover the actual cost of application processing, administration,
review, inspection, and certification of compliance of the completed
installation, and such fees may be increased if reasonably required
to cover additional costs in cases such as when applications or technology
are unusually complex or the City needs to consult outside experts
as part of the permit review process.
B.
An application for a permit shall not be processed by the Director
until the required fee is paid.
C.
The Director shall require payment of an additional application fee
if the Director determines that material changes to an application
after submission will materially increase the time or costs of the
permit review and treat the changed application as a new application
for purposes of any time limits for permit decisions under applicable
law.
Fees paid by any permittee whose permit has expired or become
invalid shall not be credited against the fees required for a new
permit of the permittee. Fees for expired and invalid permits shall
not be returnable.
Permits shall be valid for a period of six months from the date
of issuance. If any work under a permit has not been commenced within
this period, the permit shall be invalid, and a new permit required
before the project may be commenced.
The Director may establish, by regulation, rental fees associated
with the use or placement of communications facilities and/or communications
support structures owned by the City or those located on City owned
property, which shall be assessed to permittees as specified in said
regulations.
In addition to compliance with the requirements of this chapter,
upon approval, all permittees and facilities shall be subject to each
of the following conditions of approval, as well as any modification
of these conditions or additional conditions of approval deemed necessary
by the Director:
A.
If new technology becomes available that reduces noise, RF emissions,
or energy usage or that reduces the size, visibility or obtrusiveness
of a facility, the permittee shall replace outdated facilities with
current industry-standard facilities, after receiving all necessary
permits and approvals.
B.
The permittee shall submit and maintain current at all times basic
contact and site information on a form to be supplied by the City.
The permittee shall notify the City of any changes to the information
submitted within seven days of any change, including change of the
name or legal status of the owner or operator, and the emergency contact
information shall be updated on the pole as expeditiously as possible.
This information shall include, but is not limited to, the following:
(1)
Identity, including the name, address and twenty-four-hour contact
phone number of the permittee, the owner, the operator, and the agent
or person responsible for the maintenance of the facility; and
(2)
The legal status of the owner of the communications facility or communications
structure, including official identification numbers and FCC certification
if applicable.
C.
The permittee shall provide the City with emergency contact information
and promptly respond to emergencies relating to its communications
facilities and communications support structures.
D.
The permittee shall ensure that the facility, as mounted with any
co-located facilities, complies with the most current industry standards
for size and regulatory and operational standards that reduce noise,
RF emissions, or energy usage or that reduce the size, visibility
or obtrusiveness of a facility including, but not limited to, RF emissions
standards adopted by the FCC. Within 10 days upon commencement of
operations, the permittee must submit a technically sufficient written
report by a qualified independent RF emissions engineer, certifying
that the facility is in compliance with such FCC standards.
E.
If, at any time, the Director determines there is good cause to believe
that the facility, as mounted with any co-located facilities, may
emit RF emissions that are likely to exceed FCC standards, the Director
may require the permittee to submit, within 10 days, a technically
sufficient written report certified by a qualified independent RF
emissions engineer, certifying that the facility is in compliance
with such FCC standards.
F.
The permittee shall pay for and provide a performance bond, which
shall be in effect until the facilities are fully and completely removed
and the site reasonably returned to its original condition, to cover
permittee's obligations under these conditions of approval and
the City Code. The bond coverage shall include, but not be limited
to, removal of the facility, and maintenance obligations. The amount
of the performance bond shall be set by the Director in an amount
reasonably related to the obligations covered by the bond and shall
be specified in the conditions of approval.
G.
The permittee shall indemnify and hold harmless the City from any
claims arising from the installation and presence of the communications
facilities and communications support structures and shall maintain
liability insurance naming the City as additional insured in coverage
amounts determined by the Director until the facilities are fully
and completely removed.
H.
The permittee shall defend, indemnify, protect and hold harmless
the City, its officers, officials, agents, consultants, employees,
and volunteers from and against any and all claims, actions, or proceedings
against the City and its officers, officials, agents, consultants,
employees and volunteers to attack, set aside, void or annul an approval
of the City concerning the permit and the project. Such indemnification
shall include damages, judgments, settlements, penalties, fines, defensive
costs or expenses, including, but not limited to, interest, attorneys'
fees and expert witness fees, or liability of any kind related to
or arising from such claim, action, or proceeding. The City shall
promptly notify the permittee of any claim, action, or proceeding
against which the City seeks defense. Nothing contained herein shall
prohibit City from participating in a defense of any claim, action
or proceeding, or revoking a permit and requiring the modification
or removal of an installation. The City shall have the option of coordinating
the defense, including, but not limited to, choosing counsel for the
defense at permittee's expense.
I.
Any modification, removal, or relocation of the facility shall be
completed within 90 days of written notification by the City unless
exigencies dictate a shorter period for removal or relocation. Modification
or relocation of the facility shall require a permit. In the event
the facility is not modified, removed, or relocated within said period
of time, the City may cause the same to be done at the sole cost and
expense of permittee. Further, due to exigent circumstances, the City
may modify, remove, or relocate wireless communications facilities
without prior notice to permittee, provided permittee is notified
within a reasonable period thereafter.
J.
All work performed by the permittee in connection with the installation, connection, maintenance, modification, or removal of the communications facilities and support structures shall comply with Chapter 79, Noise, and the provisions of the Maryland Vehicle Law regarding the idling of vehicles, and the storage and staging of equipment shall be conducted in conformity with any requirements established for the work by the Director.
K.
The permittee shall, at its sole expense, keep its communications
facilities and communications support structures in a safe condition
and in good and neat order and repair.
L.
The permittee shall repair, restore, or replace any portion of the
right-of-way that is damaged by its communications facilities and
communications support structures or the installation or maintenance
thereof. The permittee authorizes the City to repair, restore, or
replace the damaged portion of the right-of-way and shall reimburse
the City for the costs incurred if the permittee fails promptly to
perform the work.
M.
The City retains the right to cut or remove any communications facilities
and communications support structures it deems necessary in response
to a public emergency, and the permittee shall be responsible for
the cost of restoration.
N.
The permittee promptly shall relocate or remove and replace, as appropriate,
its communications facilities and communications support structures
upon written request by the City when the City determines that the
facility or structure materially interferes with the City's use
of the right-of-way. The permittee authorizes the City to remove its
communications facilities and communications support structures and
shall reimburse the City for the costs incurred if the permittee fails
promptly to respond to a request from the City.
O.
If the permittee ceases to operate or abandons any of its communications
facilities or communications support structures, it shall remove them
within 60 days. If the permittee fails to remove the abandoned facilities
or support structures, the City may perform the work and collect the
reasonable cost thereof from the permittee.
P.
All conditions of approval shall be binding as to the applicant,
permittee and all successors in interest.
A.
No City permit shall be required under this chapter to excavate any
portion of a street that is a part of the state highway system and
for which a state permit is required under the provisions of the Transportation
Article of the Annotated Code of Maryland, § 8-646, as amended.
B.
Exceptions pertaining to any provision of this chapter, including,
but not limited to, exceptions from findings that would otherwise
justify denial, may be granted by the Director if the Director makes
the finding that:
(1)
Denial of the facility as proposed would violate federal law,
state law, or both; or
(2)
A provision of this chapter, as applied to applicant, would
deprive applicant of its rights under federal law, state law, or both;
or
(3)
Strict application of this chapter would be contrary to the
public interest because the harm to the public of strict application
would be greater than the harm caused by granting an exception.
C.
An applicant may only request an exception under Subsection B of this section at the time of applying for a permit. The request must include both the specific provision(s) of this chapter from which the exception is sought and the basis of the request. Any request for an exception after the City has deemed an application complete and accepted shall be treated as a new application.
D.
The applicant shall have the burden of proving that denial of the
facility as proposed would violate federal law, state law, or both,
or that the provisions of this chapter, as applied to applicant, would
deprive applicant of its rights under federal law, state law, or both,
using the evidentiary standards required by that law at issue. The
City shall have the right to hire an independent consultant, at the
applicant's expense, to evaluate the issues raised by the exception
request and shall have the right to submit rebuttal evidence to refute
the applicant's claim.
The owner of a communications facility or support structure
shall pay an annual right-of-way maintenance and administration fee
within 15 days of the approval of the permit application and on the
anniversary date of the permit approval each year thereafter.
A.
A violation of this chapter and any regulations adopted to implement
or enforce this chapter is a Class A municipal infraction.
B.
Each day that a violation of a term or condition of a permit continues
shall constitute a separate violation.
C.
Each day that an installation for which the City has not issued a
permit remains in the City right-of-way shall constitute a separate
violation.
D.
The City may abate outstanding violations and charge the cost of
abatement to the responsible person.
E.
In addition to all other means of enforcement provided for by law
and in this chapter, the City Administrator, Director, Code Enforcement
Officers or police officers may issue a stop-work order to any person
who violates any provision of this chapter or any regulations adopted
to implement or enforce this chapter. Any person who receives such
a stop-work order shall immediately cease work. The person shall comply
with all terms and conditions imposed by the stop-work order before
the work may resume.
The Director, in consultation with the City Administrator, may
waive or reduce application and annual right-of-way maintenance and
administration fees for communications facilities and support structure
installations and provide other benefits, excluding any that would
weaken health and safety protections, to applicants and permittees
in exchange for public benefits to be provided by the applicant or
permittee, including, but not limited to, the installation of communications
facilities and support structures in underserved locations and the
installation of connections to or discounted service for multifamily
rental facilities.
The Director shall endeavor to promulgate regulations to implement
this chapter within 90 days. Such regulations shall include, but shall
not be limited to, establishing application fees and right-of-way
maintenance and administration fees, requiring the posting of public
notice of work in the right-of-way, requiring the entity performing
work in the right-of-way to attend a preconstruction meeting, requiring
that the timing of nonemergency work in the right-of-way be coordinated
to minimize traffic disruption or complications resulting from other
construction activity taking place in the City, establishing time
frames for permit review, and establishing maximum volumes and dimensions
for antennas, equipment cabinets, and other communications facilities
and support structures.
