[[1]HISTORY: Adopted by the City Council of the City of New
Carrollton 4-16-1975 as Ch. 2
of the 1975 Code. Amendments noted where applicable.]
GENERAL REFERENCES
Vehicles and traffic — See Ch. 110.
Junked vehicles — See Ch. 114.
Storage of vehicles — See Ch. 118.
[1]
Editor's Note: This title of this chapter was changed from
"Streets and Sidewalks" to "Streets, Sidewalks, Public Property and
Rights-of-Way" and the chapter reorganized into articles 1-2-2019
by Ord. No. 19-10.
The purpose of this chapter is to regulate the
construction of new streets, curbs, sidewalks and aprons; to prevent
damage to existing streets and sidewalks; to prevent the littering
of streets and sidewalks; and generally to require that all public
streets and sidewalks are maintained in safe condition.
A.
It shall be unlawful for any person or persons to
open, grade, construct, improve, alter or repair any road, roadbed,
curb, gutter, sidewalk, driveway entrance, culvert, drain or other
structure lying within the dedicated lines of any public street, roadway
or alley in the City of New Carrollton without first having applied
for and obtained a permit to do so from the city.
[Amended 4-2-1997 by Ord. No. 97-01]
(1)
In the case of a construction project in which the
estimated cost of the construction will be $30,000 or more, issuance
of a permit shall be subject to approval of the City Council.
(2)
In the case of a construction project in which the
estimated cost is less than $30,000, a permit shall be issued by the
Mayor or by his or her designated representative, provided that all
permit requirements as hereinafter required are met by the applicant.
B.
No such permit shall be issued until the city has
been satisfied that the work to be performed thereunder will be performed
in a proper manner and will conform to city standards. For the purposes
of this requirement, the city shall at all times maintain standard
construction specifications which have been approved by the City Engineer
and the Mayor and which shall be available at the city office.
C.
A permit shall not be issued to open or extend any
stub street, dead-end street or other street in the city which is
closed to vehicular traffic without the benefit of two public hearings
conducted by the City Council on the proposal to open or extend such
street. Said public hearings shall be scheduled from two to five weeks
apart, and notice of the date, time and the place of such hearings
shall be advertised in at least one newspaper of general circulation
within the city.
(1)
At the first hearing, the City Council shall receive
comments, testimony or evidence from allegedly aggrieved parties.
Following said hearing, the City Council shall make a preliminary
decision, accompanied by a statement, in writing, of the reasons for
said decision to grant or to deny the permit. The Council's decision
and statement of reasons shall be posted at City Hall and published
in the manner provided for giving notice of hearings. Simultaneously
with the publication of the Council's decision and at least five days
prior to the second hearing, the Council shall announce the date of
the second and final hearing.
(2)
At the second public hearing, the City Council shall
receive additional comments, testimony or evidence from allegedly
aggrieved parties relating to the Council's preliminary decision.
Within 30 days after conclusion of the second public hearing, the
City Council shall grant or deny the permit.
D.
All permits required under the provisions of this
section shall be issued upon the following conditions:
(1)
An application for a permit shall be filed in the
city office on forms provided by the city and shall be accompanied
by detailed plans of the project, including, wherever applicable,
the following information:
(a)
A site plan indicating the right-of-way, name
of street (if any) and width of right-of-way, abutting lots, location
of existing utilities, North point and scale.
(b)
Pavement plan, curb and gutter, sidewalks, curb
cuts, driveway entrances and the dimensions thereof.
(c)
Catch basins, inlets, culverts and other drainage
structures and the dimensions thereof.
(d)
Construction details, including cross section
of pavement, curb and gutter, details of drainage structures, invert
of drainage culverts and pipes.
(e)
Grading plans and profile, showing both existing
and finish grades.
(f)
Any additional information and data which may
be required by the city to properly evaluate the application.
E.
Wherever a permit is issued to remove curb and gutter for a private or public driveway, a standard apron or driveway entrance shall be constructed to the sidewalk. The existing sidewalk for the full width of the driveway shall be replaced with six-inch-thick concrete sidewalk. The cost of all work within the public right-of-way, including construction or reconstruction of curb and gutter, the driveway entrance and sidewalk, shall be determined by the driveway apron policy outlined in § 100-2F.
[Amended 12-17-1997 by Ord. No. 97-09]
F.
Driveway aprons.
[Added 12-17-1997 by Ord. No. 97-09]
(1)
Purpose: to outline the policy for authorizing widening
driveway aprons within the City of New Carrollton and placing the
responsibility for payment.
(2)
CITY
CITY FORCES
CONTRACTOR
DRIVEWAY APRON
PRICES
STREET RESTORATION
RESIDENT
Definitions. For purposes of this subsection, the
following definitions will apply:
The City of New Carrollton.
Employees who work for the City of New Carrollton's Department
of Public Works.
A contractor who has been awarded a contract by the city
to remove and replace driveway aprons, sidewalks and curbs and gutters.
That portion of concrete situated between curb and sidewalk
that is used for vehicles to access a property; also referred to as
"apron."
Prices submitted to the city by a contractor for doing equal
work or prices that the Public Works Director has determined to be
a fair market value for equal work.
A street will have its defective driveway aprons and defective
curb and gutters replaced (excludes sidewalk replacement) in preparation
to the street being paved.
The person or persons who own a property in the city.
(3)
Street not currently undergoing street restoration.
The following will apply if the apron is located on a street that
is not currently undergoing street restoration:
(a)
If a resident requests a widened apron to match
a widened driveway, the resident must have an approved city building
permit to widen the driveway.
(b)
The resident will be responsible for this cost
if the apron is on a street that is not on the current schedule for
street restoration.
(c)
If the existing concrete that abuts the apron
has deteriorated, or if the existing apron itself has deteriorated,
the city may absorb some of the cost. The Public Works Director shall
determine if city forces or a contractor will perform the work and
the shared cost based on the extent of the deterioration.
(d)
The Public Works Director shall determine the
cost by utilizing established prices for equal work.
(e)
Once the cost has been determined, an agreement
shall be signed by the resident ensuring payment and to hold the city
harmless for any problems that might arise.
(f)
If any improvements, e.g., utility poles, meter
boxes, manholes, valve boxes, catch basins are in the path (directly
or indirectly), the widening of the apron may be denied in part or
in whole. If a tree is in the path of widening the apron, the person
requesting the widening shall be responsible for all costs in having
it removed.
(4)
Street currently undergoing street restoration. The
following will apply if the apron is located on a street that is currently
undergoing street restoration:
(a)
When the city determines the amount of repair
work to be done for street restoration, driveways that have been widened
shall have their aprons widened to match at no cost to the resident.
(b)
If a widened driveway has been tapered to match
a single width apron, the apron will not be widened unless the resident
has applied for and received an approved city building permit to widen
the driveway.
(c)
If any improvements, e.g., utility poles, meter
boxes, manholes, valve boxes, catch basins are in the path (directly
or indirectly), the widening of the apron may be denied in part or
in whole. If a tree is in the path of widening the apron, the person
requesting the widening shall be responsible for all costs in having
it removed.
The City Engineer or the Public Works Director
shall supervise and inspect the construction or other work to be performed
to the extent deemed necessary by the city to ensure that the work
is performed properly and in accordance with the approved plans.
A.
Before commencing any work under the permit, the applicant
shall pay to the city a permit fee. The amount of the permit fee shall
include but not be limited to the following:
[Amended 4-2-1997 by Ord. No. 97-01]
(2)
In the event that delays in the construction activity, reinspections of work not properly performed initially or any other circumstances for which the city is not responsible cause the actual cost of supervision and inspection to exceed the original amount of the permit fee, the applicant shall reimburse the city as set forth in Chapter 57, Fees, upon presentation of an itemized statement therefor, and no bond, certified check or other surety shall be released by the city until the claim is satisfied.
B.
The applicant may be required to furnish such performance,
payment or surety bonds as the Mayor or his or her designated representative
may deem necessary to indemnify the city against loss for any default
or negligence of the applicant in the performance of the construction
or other work. As an alternative to the bond or bonds required above,
the applicant may deposit a certified check, made payable to the City
of New Carrollton, with the city office, in an amount equivalent to
the total cost of the project as estimated by the City Engineer or
the Public Works Director.
C.
Any grading, construction, improvement, alteration
or repair performed within the public right-of-way and for which the
city is to provide permanent maintenance shall be accepted for permanent
maintenance by the City Council, after certification, in writing,
by the City Engineer or Public Works Director that such work has been
completed and constructed in accordance with the approved plans, subject
to maintenance by the permittee for a period of one (1) year. The
period of any surety bond issued in accordance with this chapter shall
run to the expiration of such one-year maintenance period or a separate
bond in the amount of five percent (5%) may be issued for said maintenance
period.
A.
In the event of an emergency in which the condition
of any public street, roadway, alley, sidewalk or any other thoroughfare
in the City of New Carrollton, due to damage from flooding, storms
or any natural or man-made cause, is deemed by the Mayor to be unsafe
and hazardous, the Mayor is hereby authorized to order such street
or public way closed to public passage until such time as the unsafe
conditions have been alleviated or corrected.
B.
In situations other than emergencies, the City Council
or Mayor shall have the authority to close to public passage any street,
roadway, alley or sidewalk in the City of New Carrollton upon a finding
that the public interest will be served thereby, as permitted by this
section.
(1)
In the case of a request to temporarily close a public
street for a period of less than twenty-four (24) hours, such as for
a block party or other event of limited duration, the Mayor may order
such street closed upon receipt of an application signed by a substantial
majority of the residents of property, the access to which would be
affected by the proposed closing.
(2)
In the case of a request to close a public street
for a specified period of more than twenty-four (24) hours or for
an unlimited period of time, whether initiated by residents, property
owners or by the City Council, the Council shall conduct two (2) public
hearings on the proposal. Said public hearings shall be scheduled
from two (2) to five (5) weeks apart, and notice of the date, time
and place of such hearings shall be advertised in at least one (1)
newspaper of general circulation within the city. Owners of property
abutting on the street or portion of a street proposed to be closed
shall be notified of each hearing by registered mail.
(a)
At the first hearing, the City Council shall
receive comments, testimony or evidence from allegedly aggrieved parties.
Following said hearing, the City Council shall make a preliminary
decision, accompanied by a statement, in writing, of the reasons for
its decision. The Council's decision and statement of reasons shall
be posted at City Hall and published in the same manner provided for
giving notice of hearings. Simultaneously with the publication of
the Council's decision and at least five (5) days prior to the second
public hearing, the Council shall announce the date of the second
public hearing.
(b)
At the second public hearing, the City Council
shall receive additional comments, testimony or evidence from allegedly
aggrieved parties relating to the Council's preliminary decision.
Within thirty (30) days after conclusion of the second public hearing,
the City Council shall make its final decision on the proposal. The
Council's final decision shall be accompanied by a written statement
of the reasons therefor and shall be publicized in the same manner
provided for giving notice of hearings.
C.
In the event of a predicted or actual snow fall of
four inches (4") or more, alternative parking shall be authorized
on all streets maintained by the City where parking is permitted.
[Added 3-21-2007 by Ord. No. 07-11;
amended 2-17-2010 by Ord. No. 10-12; 11-16-2016 by Ord.
No. 17-04]
(1)
During
a snow event of four inches (4") or more, alternative parking will
allow citizens to park vehicles on sidewalks and grassy areas of their
own property for the sole purpose of clearing the streets for plowing.
All vehicles must be moved from sidewalks and grassy areas within
forty-eight (48) hours of the end of the storm. The Public Works Department
will plow curb to curb, where possible, immediately after the end
of the snowfall. There will be no more attempts made thereafter to
plow curb to curb. Streets with cars parked on them will not be cleared
curb to curb.
(2)
Implementation
of a snow, ice or other event allowing alternate parking shall be
publicized on the City Comcast television Channel 71 and City Verizon
television Channel 30 along with the City's website (www.newcarrolltonmd.gov)
and social media outlets (Facebook and Twitter). The City will also
publicize the information on metro area television and radio public
broadcasts, with said broadcasts deemed sufficient for enforcement
of this plan.
(3)
It shall
be unlawful to clear snow from private property and to place it in
a City street. Snow must be placed in the tree box between the curb
and sidewalk. When clearing snow from around a vehicle parked on a
street, snow removed from around the vehicle also must be placed in
the tree box.
(4)
Any vehicle which is parked in such a manner that it blocks normal travel lanes shall be issued a citation for such violation and be subject to being towed and impounded by the City Police Department. Any person issued a citation for a violation of this Subsection C(4) shall be subject to a fine of two hundred fifty dollars ($250).
A.
It shall be unlawful for any person, property owner,
tenant, contractor or any employee of any contractor to use any public
street, road or sidewalk within the city to store or place thereon
any dirt, gravel, forms, lumber or other construction materials or
materials of any kind without first having obtained the permission
of the Mayor or his or her designated representative.
B.
Every person using a street, road or sidewalk to store
materials or other matter shall place thereon appropriate barricades
and warning lanterns at night to warn the public of the obstruction
and to show distinctly the unobstructed passageway remaining in the
street, road or sidewalk.
C.
It shall be unlawful for any person to break, damage,
mutilate or carry away any lantern, barricade, road marker or other
device erected or placed to warn the public of an obstruction in the
street, road or sidewalk.
A.
It shall be unlawful for any person, property owner,
tenant, contractor or any employee of any contractor, except city
supervised work forces, to cause or permit any dirt, sand, gravel,
ashes, rubbish or any loose or foreign material of any kind to be
scattered, leaked, spilled or let fall from any truck, tractor, vehicle
or conveyance of any type upon any street, roadway, sidewalk or other
area within a public right-of-way.
B.
It shall be unlawful to permit any truck, tractor,
vehicle or conveyance of any type to deposit dirt, sand, clay or other
materials onto any public street or sidewalk by tracking the same
thereon by the wheels of said vehicle or conveyance.
C.
Every person having charge of construction operations,
whether as owner or contractor, shall remove or cause to be removed
at the end of each working day from the streets, roadways, sidewalks
and gutters adjacent to such construction operations all earth, sand,
gravel, dirt, mortar, stones, rubbish and all other litter that may
have been deposited or accumulated thereon as a result of such construction
operations.
D.
Upon receiving a complaint that a condition exists
which is prohibited by this section, the Mayor or his or her designated
representative shall notify the person or persons responsible to remedy
the condition immediately upon their receipt of such notice. In the
event that the responsible person or persons fail to comply with such
notice within a reasonable period of time, the Mayor or his or her
designated representative may employ the necessary manpower and equipment
to perform the work and charge the responsible person or persons for
the total cost, including administrative costs, thereof.
A.
It shall be unlawful for any person or persons to
throw, lay, deposit, sweep, scatter, drop or leave or cause to be
thrown, laid, deposited, swept, scattered, dropped or left any dirt,
ashes, filth, grass clippings, leaves, branches, paper, animal or
vegetable matter, rubbish, garbage, litter or other refuse material
or to cause the same to be burned upon any street, roadway, gutter,
sidewalk or other public place within the City of New Carrollton.
B.
It shall be unlawful for any person or persons to
throw, lay, deposit, sweep, scatter, drop or leave any dirt, ashes,
filth, grass clippings, leaves, branches, paper, animal or vegetable
matter, rubbish, garbage, litter or other refuse material in or upon
any gutter, drain, catch basin, culvert or passageway provided for
the flow of water from, over, under or adjacent to any street, roadway
or sidewalk within the City of New Carrollton so as to obstruct said
passageway or prevent or inhibit the easy flow of water or other liquid
matter.
It shall be unlawful for any person to damage
public streets, curbs, sidewalks, aprons or storm drainage structures.
In the event of such damage, if the responsible party or parties fail
to correct the damage after reasonable notice from the city, the city
shall repair the damaged area and the total cost of such repairs,
including administrative costs, shall be assessed against the party
or parties responsible for said damage.
It shall be unlawful for any person or persons
to break, damage, mutilate, deface or carry away any public property,
including but not restricted to any warning lantern or barricade,
street name sign, traffic control sign, road marker, public lamp or
streetlight or any other official marker or device erected for the
regulation and control traffic upon the public streets.
A.
It shall be unlawful for any person or persons, whether
said person or persons may be the owner or tenant of property, to
permit any gate on said property to swing outward onto any public
street, sidewalk or public passageway within the City of New Carrollton.
B.
It shall be unlawful for any person or persons to
hang or stretch across any of the public streets or sidewalks within
the City of New Carrollton any sign, board, flag, pennant, banner
or any other object without the permission of the Mayor or his or
her designated representative.
C.
It shall be unlawful for any person or persons to
obstruct any public street or sidewalk in the City of New Carrollton
with merchandise or other materials.
D.
It shall be unlawful for any person or persons, whether
said person or persons may be the owner or tenant of property, to
permit any tree, hedge or shrub to overhang any public street or sidewalk
so as to obstruct the free passage of vehicles or pedestrians thereon.
E.
It shall be unlawful for any person or persons to
play, dance, lie upon, hitchhike, walk upon (except at corner crossings
or crosswalks), solicit or sell on the paved portion of the street
at an intersection or other place where vehicles are required to stop
or otherwise obstruct the normal flow of vehicular traffic upon the
public streets.
F.
It shall be unlawful for any person or persons to
construct or place a basketball goal or similar device, including
portable goals, within any public right-of-way within the City of
New Carrollton or to attach basketball backstops or other devices
to any tree, sign post or utility pole within a public right-of-way
without the permission of the City Council.
A.
It shall be the duty of every person, partnership,
firm or corporation, whether as tenant, occupant or property owner,
having control of any building or parcel of land abutting on a paved
public sidewalk, to remove and clear away or cause to be removed and
cleared away any snow or sleet from the portion of the public sidewalk
which abuts on said building or parcel of land within 24 hours after
the ceasing to fall of any such snow or sleet.
(1)
Should
the owner or person responsible for the maintenance of the property
fail to remove the snow or sleet from the abutting sidewalk within
twenty-four (24) hours of the cessation of any snow or sleet event,
the City shall have the right to remove such snow or sleet from the
sidewalk. The owner or person responsible for the maintenance of the
property shall bear the cost of removal. After thirty (30) days from
the issuance of an invoice, any abatement costs that remain unpaid
shall be recorded as a lien against the property and collected by
entering same on the tax records of such property.
[Added 2-17-2010 by Ord. No. 10-11]
B.
It shall be the duty of every person, partnership,
firm or corporation, whether as tenant, occupant or property owner,
having control of any building or parcel of land abutting on any improved
public right-of-way, to mow or cause to be mowed any grass or other
vegetation growing in that portion of the public right-of-way which
abuts on said building or parcel of land.
[Amended 4-2-1997 by Ord. No. 97-01; 2-17-2010 by Ord. No.
10-11]
[Added 1-2-2019 by Ord.
No. 19-10]
A.
In general. Unless exempted, every person who desires to place a
small wireless telecommunications facility in City rights-of-way,
to include deployment of personal wireless service infrastructure,
or modify an existing wireless telecommunications facility, including
without limitation for the: 1) collocation of a small wireless facility;
2) attachment of a small wireless facility to a pole owned by an authority;
3) installation of a pole; and/or 4) modification of a small wireless
facility or a pole, must obtain a wireless placement permit authorizing
the placement or modification.
[Amended 3-20-2019 by Ord. No. 19-14]
B.
Exemptions. The following are exempted from the requirements of this
chapter:
(1)
The placement or modification of wireless telecommunications facilities
on supporting structures owned, or under the control of, the City,
the use of which is subject to a contract for use of the facility
between the City and the entity or entities that own or control the
wireless telecommunications facility.
[Amended 3-20-2019 by Ord. No. 19-14]
(2)
The placement or modification of wireless facilities by the City
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 City, 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
and that at least 30 days' prior written notification is provided
to the City, and consent for placement is granted.
[Amended 3-20-2019 by Ord. No. 19-14]
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 the franchises, license
agreements and permits 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 chapter precludes
the City from applying its generally applicable health, safety and
welfare regulations when granting consent for a small cell facility
or wireless support structure in the City's right-of-way.
[Amended 3-20-2019 by Ord. No. 19-14]
D.
Public use. Except as otherwise provided by Maryland law, any use
of the right-of-way authorized pursuant to this chapter will be subordinate
to the City's use and use by the public.
Terms used in this article shall have the following meanings:
An apparatus designed to emit radio frequency (RF) and operate
from a fixed location to provide wireless services.
[Added 3-20-2019 by Ord.
No. 19-14]
Equipment, switches, wiring, cabling, power sources, shelters
or cabinets associated with an antenna, located at the same fixed
location as the antenna, and, when collocated on a structure, is mounted
or installed at the same time as such antenna.
[Added 3-20-2019 by Ord.
No. 19-14]
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, including any amendments
adopted by the City, or otherwise are applicable in the City. The
term includes the regulations of the Federal Communications Commission
and the Occupational Safety and Health Administration, as well as
any local standards or regulations governing the use of rights-of-way.
[Added 3-20-2019 by Ord.
No. 19-14]
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 City for a wireless
placement permit.
The term base station shall have the same meaning as in 47
CFR 1.40001.
A document that is required from and issued by the City 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 City and was approved by the City after said final inspection.
To install or mount a small wireless facility in the public
right-of-way on an existing support structure, an existing tower,
or an existing pole to which a small wireless facility is attached
at the time of the application. "Collocation" has a corresponding
meaning.
[Added 3-20-2019 by Ord.
No. 19-14]
Work that an authority reasonably determines to be required
to accommodate a wireless infrastructure provider's installation
under this Article and to comply with all applicable standards. The
work may include, but is not limited to, repair, rearrangement, replacement
and construction of pole; inspections; engineering work and certification;
permitting work; tree trimming (other than tree trimming performed
for normal maintenance purposes); site preparation; and electrical
power configuration. The term does not include a wireless infrastructure
provider's routine maintenance.
[Added 3-20-2019 by Ord.
No. 19-14]
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 include any portion of any street,
road or public way which the City has the responsibility to maintain
or manage.
Consistent with Subpart U, part 1 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:
The structure on which antenna facilities are mounted:
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) are 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
telecommunication facility or portion thereof within the right-of-way.
A permit issued pursuant to this chapter 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, underground
wiring, coaxial or fiber-optic cable, regular and backup power supplies,
and comparable equipment, regardless of technological configuration.
[Amended 3-20-2019 by Ord. No. 19-14]
A.
Generally. Wireless telecommunications facilities shall meet the
minimum requirements set forth in this chapter and the wireless regulations
approved by the Mayor and City 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
chapter and any City 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:
[Amended 3-20-2019 by Ord. No. 19-14]
(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, and
maximizes use of existing structures and poles, 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 City bears no risk or liability as a result of the
installations, and that such use does not inconvenience the public,
interfere with the legal uses of the public rights-of-way or public
assets by others, or hinder the ability of the City 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 the 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
antennas appear to be part of the support structure;
(2)
Antennas placed elsewhere on a support structure shall be integrated
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 Communication
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.
[Amended 3-20-2019 by Ord. No. 19-14]
(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 City 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 City, no wireless telecommunications facility is permitted
in rights-of-way in alleys.[1]
[1]
Former Subsection D(10), regarding wireless telecommunications
facilities in historic districts, was repealed 3-20-2019 by Ord. No.
19-14.
A.
Submission. Applicants 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 City 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; a preconstruction
survey; a proposed schedule for completion, certified by a licensed
professional engineer; a certification by a radiofrequency engineer
that the telecommunications facility will comply with the radiofrequency
radiation emission standards adopted by the Federal Communications
Commission; 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 three-hundred-sixty-degree
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.
[Amended 3-20-2019 by Ord. No. 19-14]
(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
City pursuant to this article. Before and after 360-degree 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. 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 City from complying with
any deadline for action on an application.
(5)
Proof that notice has been mailed to owners of all property, and
the resident manager for any multifamily dwelling unit that includes
ten (10) or more units, within 300 feet of the proposed wireless telecommunications
facility.
(6)
A copy of any pole or structure attachment agreement must be provided,
as well as 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 together
with sufficient information to determine that the installation can
be supported by and does not exceed the tolerances of the pole or
structure, which shall include but not be limited to a structural
report performed by a duly licensed engineer evidencing that the pole,
tower or support structure can adequately support the collocation
(or, that the pole, tower, or support structure will be modified to
meet structural requirements in accordance with applicable codes).
[Amended 3-20-2019 by Ord. No. 19-14]
(7)
Payment of any required fees.
(8)
Before a permit is issued, a concurrent agreement to any required
franchise or license agreement must be provided.
[Amended 3-20-2019 by Ord. No. 19-14]
C.
Fees. The applicant must provide an application fee, and shall be
required to pay all costs reasonably incurred by the City 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 City expects
to incur.
[Amended 3-20-2019 by Ord. No. 19-14]
D.
Waivers. Requests for waivers from any requirement of this Article
shall be made in writing to the City Administrative Officer or designee.
The same may grant a request for waiver if it is demonstrated that,
notwithstanding the issuance of a waiver, the City will be provided
all information necessary to understand the nature of the construction
or other activity to be conducted pursuant to the permit sought.
[Amended 3-20-2019 by Ord. No. 19-14]
E.
Processing of applications. For small wireless facilities, personal
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.
As part of the permit process, the City may require a wireless facility
to be fully operational within a specified period after the date the
last or final permit is issued, unless the City and the applicant
agree to extend the period.
[Added 3-20-2019 by Ord.
No. 19-14[1]]
G.
Rejection for incompleteness. Notices of incompleteness shall be
provided in conformity with state, 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 City
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.
H.
Final inspection. Upon completion of the approved work, the applicant
must file a statement of the professional opinion of an independent,
qualified engineer licensed in the State of Maryland that indicates
that the installation, based upon their actual inspections, in their
professional opinion and to the best of their knowledge, meets the
requirements of the approved plan documents, this Article and other
applicable law. Certifications must be signed and sealed by the qualified
engineer making the statement. Upon receipt of the statement, and
any required City inspection, the work may be accepted and a certificate
of completion may be issued by the City.
[Added 3-20-2019 by Ord.
No. 19-14]
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 City, 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 City. All costs
incurred by the City 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 City, 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 City. All
costs incurred by the City 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 (5)
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 City, 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 City); 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 City, and any appeals from the City's decision
are exhausted.
[Amended 3-20-2019 by Ord. No. 19-14]
The City may negotiate agreements for use of City-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 City for use of
the structures. The person seeking the agreement shall additionally
reimburse the City for all costs the City incurs in connection with
its review of, and action upon, the person's request for an agreement.
[Added 3-20-2019 by Ord.
No. 19-14]
A.
The City shall require a wireless infrastructure provider to indemnify
and hold harmless the City 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 infrastructure
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 infrastructure
provider are located on or attached to the City's assets or rights-of-way,
the City may require a wireless infrastructure provider to:
(1)
Carry, at the wireless infrastructure 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;
(b)
Workers' compensation insurance, as required by law; and
(c)
Commercial general liability insurance with respect to its activities
on City improvements or rights-of-way to afford protection with limits
not inconsistent with its requirements of other users of City improvements
or rights-of-way, including coverage for bodily injury and property
damage; and
(2)
Include the City as an additional insured on the commercial general
liability policy and provide certification and documentation of inclusion
of the City in a commercial general liability policy as reasonably
required by the City.
[Added 3-20-2019 by Ord.
No. 19-14]
A.
The City may provide a wireless infrastructure provider the option
of either having the wireless infrastructure provider perform any
necessary make-ready work through the use of qualified contractors
authorized by the City, or having the City perform any necessary make-ready
work at the sole cost of the wireless infrastructure provider.
B.
Upon completion of the make-ready work performed by the City at the
request of a wireless infrastructure provider, the wireless infrastructure
provider shall reimburse the City for the City's actual and documented
cost of the make-ready work.
[Added 3-20-2019 by Ord.
No. 19-14]
Wireless infrastructure provider shall be required to promptly:
A.
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
infrastructure provider and return the right-of-way to the right-of-way's
condition prior to the damages caused by the wireless infrastructure
provider.
B.
Remove and relocate the permitted small cell facility and/or wireless
support structure at the wireless infrastructure provider's sole
expense to accommodate construction of a public improvement project
by the City. If the wireless infrastructure provider fails to remove
or relocate the small cell facility and/or wireless support structure
or portion thereof as requested by the City within 120 days of the
City's notice, then the City shall be entitled to remove the
small cell facility and/or wireless support structure, or portion
thereof, at the wireless infrastructure provider's sole cost
and expense, without further notice to the wireless infrastructure
provider. The wireless infrastructure provider shall, within 30 days
following issuance of invoice for the same, reimburse the City 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.
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 City if the
City reasonably determines that the disconnection, removal, or relocation
of any part of a small cell facility and/or wireless support structure
1) is necessary to protect the public health, safety, welfare, or
City property, or 2) the wireless infrastructure provider fails to
obtain all applicable licenses, permits, and certifications required
by law for its small cell facility and/or wireless support structure.
If the City reasonably determines that there is imminent danger to
the public, then the City may immediately disconnect, remove, or relocate
the applicable small cell facility and/or wireless support structure
at the wireless infrastructure provider's sole cost and expense.
[Added 3-20-2019 by Ord.
No. 19-14]
A.
A wireless infrastructure provider shall promptly notify the City
of a decision to remove from service a wireless facility located on
a public right-of-way.
B.
A wireless infrastructure provider shall remove a wireless facility
that is no longer needed for service and located on a public right-of-way
at the sole cost and expense of the wireless infrastructure provider.
C.
If the City concludes that a wireless facility has been abandoned
in place, the City may remove the wireless facility and invoice the
wireless infrastructure provider for the actual and documented cost
incurred by the City for removal.
D.
Until a wireless facility that is located on public right-of-way
is removed from the public right-of-way, a wireless infrastructure
provider shall pay all fees and charges due the City, regardless of
whether a wireless facility is operational.
[Added 3-20-2019 by Ord.
No. 19-14]
A.
The City may require a surety bonding for wireless infrastructure
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 City requires to be
removed to protect public health, safety, or welfare, and restore
the rights-of-way; and
(2)
Recoup rates or fees that have not been paid by a wireless infrastructure
provider, subject to thirty (30) days' prior written notice to
the wireless infrastructure provider and the opportunity to pay the
rates or fees outstanding.
[Added 3-20-2019 by Ord.
No. 19-14]
In the absence of federal law or regulation, an application
that is deemed complete by an authority shall be approved or disapproved
within 180 days after the receipt of the complete application.