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CITY OF ABERDEEN CITY COUNCIL MEETING AGENDA 60 N. Parke Street Aberdeen, Maryland 21001 May 6, 2019, 7:00 PM A. CALL TO ORDER B. ROLL CALL C. OPENING PRAYER - Pastor Stuart Luce, St. Paul's Evangelical Lutheran Church D. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA - Councilwoman Sandra Landbeck E. APPROVAL OF CONSENT AGENDA - None F. APPROVAL OF MINUTES F.1. April 8, 2019 Work Session F.2. April 8, 2019 Council Meeting F.3. April 22, 2019 Council Meeting G. STATEMENT OF CLOSED MEETING - None H. PRESENTATIONS H.1. Proclamation - National Police Week National Police Week 2019.pdf H.2. Proclamation - National Park Trust Kids to Parks Day National Parks Trust Kids to Park Day 2019.pdf 1

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Page 1: CITY OF ABERDEEN CITY COUNCIL MEETING …...CITY OF ABERDEEN CITY COUNCIL MEETING AGENDA 60 N. Parke Street Aberdeen, Maryland 21001 May 6, 2019, 7:00 PM A. CALL TO ORDER B. ROLL CALL

CITY OF ABERDEEN CITY COUNCIL MEETING AGENDA

60 N. Parke StreetAberdeen, Maryland 21001

May 6, 2019, 7:00 PM

A. CALL TO ORDER

B. ROLL CALL

C. OPENING PRAYER - Pastor Stuart Luce, St. Paul's Evangelical Lutheran Church

D. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA -Councilwoman Sandra Landbeck

E. APPROVAL OF CONSENT AGENDA - None

F. APPROVAL OF MINUTES

F.1. April 8, 2019 Work Session

F.2. April 8, 2019 Council Meeting

F.3. April 22, 2019 Council Meeting

G. STATEMENT OF CLOSED MEETING - None

H. PRESENTATIONS

H.1. Proclamation - National Police WeekNational Police Week 2019.pdf

H.2. Proclamation - National Park Trust Kids to Parks DayNational Parks Trust Kids to Park Day 2019.pdf

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I. PUBLIC HEARINGS

I.1. Ordinance No. 19-O-07, Budget FY 2019-2020 [2nd meeting]Ordinance No. 19-O-07, Budget FY 2019-2020.pdfFY 2020 Budgets - 5-6-19 Council Meeting.pdf

J. PUBLIC COMMENT - Maximum of 5 minutes per person unless authorized by the Council

K. LEGISLATIVE SESSION

K.1. Ordinance No. 19-O-05, Wireless Telecommunications Facilities in Rights-Of-Way (For Adoption)[3rd meeting]Ordinance No. 19-O-05, Wireless Telecommunications Facilities in Public Rights-Of-Way.pdf

K.2. Ordinance No. 19-O-06, Development Code Revision (For Adoption) [3rd meeting]Ord. No. 19-O-06, Development Code Revision (Brewery, Microbrewery, Distillery, andWinery).pdf

K.3. Ordinance No. 19-O-08, Amendment of FY 2019 Budget (7) (For Introduction) (Sponsor/sneeded) [1st meeting]

K.4. Ordinance No. 19-O-09, Tax on Admissions to Multi-Plex Movie Theaters (For Introduction)(Sponsor/s needed) [1st meeting]

K.5. Resolution No. 19-R-02, Siebert Farm and Adams Property Approval of Annexation Agreement(For Introduction) (Sponsor/s needed) [1st meeting]

K.6. Resolution No. 19-R-03, Siebert Farm and Adams Property Annexation (For Introduction)(Sponsor/s needed) [1st meeting]

L. UNFINISHED BUSINESS - None

M. NEW BUSINESS

M.1. Board Appointments

N. UPDATES FROM CITY MANAGER AND STAFF

N.1. City Manager Briefing

N.2. Police Department Vehicle Surplus for AuctionAPD Vehicles to Auction_043019.pdf

O. PUBLIC COMMENT - Maximum of 5 minutes per person unless authorized by the Council.2

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P. BUSINESS OF MAYOR AND COUNCIL

Q. ANNOUNCEMENTS

Q.1. Planning Commission Meeting, Wednesday, May 8, 7:00 p.m., Council Chambers;Council Meeting, Monday, May 20, 7:00 p.m., Council Chambers;Junk in the Trunk by Aberdeen Downtown Alliance, Craft Fair & Family Fun Day, Sat. May 11, 9 a.m. - 2 p.m., Festival Park;Memorial Day Ceremony, Monday, May 27, 11:00 a.m., Aberdeen Veterans Memorial Park;Flags of Honor, Memorial Weekend, May 24 - May 27, Aberdeen Festival Park;City Hall Closed on Monday, May 27 in Observance of Veterans Day;Aberdeen Farmers Market, every Thursday, May through August, 4 - 7 p.m., Festival Park.

R. ADJOURNMENT

Under Md. Code Ann., General Provisions Article §3-305(b), all or any portion of public meetings aresubject to closure.

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COUNCIL OF THE CITY OF ABERDEEN Ordinance No. 19-O-07

Date Introduced: April 22, 2019 Sponsored by: Councilman Melvin Taylor and Councilman Steven Goodin Public Hearing: May 6, 2019 Amendments Adopted: Date Adopted: Date Effective:

ORDINANCE NO. 19-O-07

BUDGET FY 2019-2020

AN ORDINANCE CONCERNING THE CITY OF ABERDEEN FY 2019-2020 1 BUDGET FOR the purpose of adopting the City of Aberdeen FY 2019-2020 Budget; and all 2 matters generally relating thereto. 3

SECTION 1: BE IT ENACTED BY THE MAYOR AND CITY COUNCIL OF THE 4

CITY OF ABERDEEN THAT the Budget for the City of Aberdeen for fiscal year beginning 5 1 July 2019 and ending 30 June 2020, attached hereto as Attachment 1 and incorporated 6 herein by reference, and entitled, “City of Aberdeen, Operating and Capital Budgets, 7 Fiscal Year 2020 (July 1, 2019 – June 30, 2020)”, is adopted and for all purposes shall be 8 considered the FY 2019-2020 Budget for the City of Aberdeen. The Budget shall include 9 revenue and expenditures for the Water Enterprise Fund, Sewer Enterprise Fund, Stadium 10 Enterprise Fund, General Fund, and all Capital Budgets related thereto. 11

SECTION 2: BE IT FURTHER ENACTED THAT the FY 2020 General Fund Budget 12

is based on an annual real property tax rate of $0.64 per $100 of assessed value and an annual 13 personal property tax rate of $1.70 per $100 of assessed value, both of which are levied and 14 imposed by this Ordinance upon all properties within the City of Aberdeen that are subject to 15 real and personal property taxation. 16

17 SECTION 3: BE IT FURTHER ENACTED THAT the FY 2020 Water Use Rate shall 18

be a minimum charge of $19.68 for the first 3,500 gallons or less and $5.94 per each additional 19 1,000 gallons. The Sanitary Sewer Use Rate shall be a minimum charge of $23.65 for the first 20 3,500 gallons or less of metered water and $6.74 per each additional 1,000 gallons of metered 21 water. 22

SECTION 4: AND BE IT FURTHER ENACTED THAT this Ordinance shall 23

become effective on 1 July, 2019. 24 6

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Ordinance No. 19-O-07 Budget FY 2019-2020 Page 2

COUNCIL OF THE CITY OF ABERDEEN

_____________________________________ Patrick L. McGrady, Mayor ______________________________________ Steven E. Goodin, Councilman ______________________________________ Sandra J. Landbeck, Councilwoman ______________________________________ Timothy W. Lindecamp, Councilman ______________________________________ Melvin T. Taylor, Councilman ATTEST: SEAL: ____________________________________ Monica A. Correll, City Clerk Date ________________________________

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COUNCIL OF THE CITY OF ABERDEEN Ordinance No. 19-O-05

Date Introduced: April 8, 2019 Sponsored By: Councilman Melvin Taylor and Councilwoman Sandra Landbeck Public Hearing: April 22, 2019 Amendments Adopted: Date Adopted: Date Effective: AN ORDINANCE concerning

WIRELESS TELECOMMUNICATIONS FACILITIES IN RIGHTS-OF-WAY

FOR the purpose of providing certain standards and regulations relating to the location of small 1 wireless telecommunications towers, antennas, and other structures within the City's 2 public rights-of-way, consistent with federal and state law; providing for fees and annual 3 charges; and generally related to the wireless telecommunication facilities and wireless 4 infrastructure providers in the City of Aberdeen. 5

6 BY adding 7 Chapter 526, Wireless Telecommunications Facilities in Public Rights-Of-Way 8 Sections 526-1 through 526-13, inclusive 9 Code of the City of Aberdeen (2010 Edition as amended)

EXPLANATION: CAPITALS INDICATE MATTER ADDED TO EXISTING LAW ((Double Parenthesis)) indicate matter deleted from existing law. Underlining indicates amendments to bill. Strike-Out indicates matter stricken from bill by amendment or deleted from the law by amendment. * * * indicates existing unmodified text omitted from Ordinance

WHEREAS, pursuant to §5-201, et seq,. of the Local Government Article, Annotated Code 10 of Maryland, the City of Aberdeen (hereinafter, the “City”) has the power to pass such ordinances as it 11 deems necessary to protect the health, safety and welfare of the citizens of the municipality and to 12 prevent and remove nuisances; and 13

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Ordinance No. 19-O-05 Wireless Telecommunications Facilities in Public Rights-Of-Way Page 2 of 20

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WHEREAS, §5-202 of the Local Government Article of the Annotated Code of Maryland 1

provides that the City Council of the City of Aberdeen have the authority to pass such ordinances as it 2 deems necessary to preserve peace and good order, and to protect the health, comfort and convenience 3 of the residents of the municipality; and 4

5 WHEREAS, the City Charter, §IX.1, authorizes the City to control its rights-of-way and 6

do whatever is necessary to establish, operate, and maintain the public ways of the City; and 7 8 WHEREAS, the City Council determined that it is in the public interest to provide for 9

regulation of the installation of wireless telecommunications facilities in the City’s rights-of-way 10 that is consistent with federal and State law; Now therefore, 11

12 SECTION 1. BE IT ENACTED, BY THE COUNCIL OF THE CITY OF ABERDEEN 13 that new Chapter 526, “Wireless Telecommunications Facilities in Public Rights-Of-Way”, consisting 14 of Sections 526-1 through 526-13, inclusive, be and it is hereby added to the Code of the City of 15 Aberdeen to follow immediately after Chapter 524 of the Code and to read as follows: 16 17

CHAPTER 526, WIRELESS TELECOMMUNICATIONS FACILITIES 18 IN PUBLIC RIGHTS-OF-WAY 19

20 SECTION 526-1. SCOPE. 21 22 A. IN GENERAL. THIS CHAPTER AUTHORIZES ONLY THE INSTALLATION OF 23

SMALL WIRELESS FACILITIES IN THE CITY RIGHTS-OF-WAY. UNLESS 24 EXEMPTED, EVERY PERSON WHO DESIRES TO PLACE A SMALL WIRELESS 25 FACILITY IN A CITY RIGHT-OF-WAY, INCLUDING DEPLOYMENT OF PERSONAL 26 WIRELESS SERVICE INFRASTRUCTURE, OR TO MODIFY AN EXISTING SMALL 27 WIRELESS FACILITY, INCLUDING WITHOUT LIMITATION FOR THE: 28

29 (1) COLLOCATION OF A SMALL WIRELESS FACILITY; 30

31 (2) ATTACHMENT OF A SMALL WIRELESS FACILITY TO A POLE OWNED BY AN 32

AUTHORITY; 33 34

(3) INSTALLATION OF A POLE; OR 35 36

(4) MODIFICATION OF A SMALL WIRELESS FACILITY OR A POLE, 37 38

MUST OBTAIN A WIRELESS PLACEMENT PERMIT AUTHORIZING THE 39 PLACEMENT OR MODIFICATION. 40 41

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Ordinance No. 19-O-05 Wireless Telecommunications Facilities in Public Rights-Of-Way Page 3 of 20

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B. EXEMPTIONS. THE FOLLOWING ARE EXEMPTED FROM THE REQUIREMENTS 1 OF THIS CHAPTER: 2

3 (1) THE PLACEMENT OR MODIFICATION OF WIRELESS 4

TELECOMMUNICATIONS FACILITIES ON SUPPORTING STRUCTURES 5 OWNED, OR UNDER THE CONTROL OF, THE CITY, THE USE OF WHICH IS 6 SUBJECT TO A CONTRACT FOR USE OF THE FACILITY BETWEEN THE CITY 7 AND THE ENTITY OR ENTITIES THAT OWN OR CONTROL THE WIRELESS 8 TELECOMMUNICATIONS FACILITY; 9 10

(2) THE PLACEMENT OR MODIFICATION OF WIRELESS 11 TELECOMMUNICATIONS FACILITIES BY THE CITY OR BY ANY OTHER 12 AGENCY OF THE STATE SOLELY FOR PUBLIC SAFETY PURPOSES. 13 14

(3) MODIFICATIONS TO AN EXISTING WIRELESS TELECOMMUNICATIONS 15 FACILITY THAT MAKES NO MATERIAL CHANGE TO THE FOOTPRINT OF 16 THE FACILITY OR TO THE SURFACE OR SUBSURFACE OF A PUBLIC 17 STREET IF THE ACTIVITY DOES NOT DISRUPT OR IMPEDE TRAFFIC IN THE 18 TRAVELED PORTION OF A STREET, AND IF THE WORK ACTIVITY DOES 19 NOT CHANGE THE VISUAL OR AUDIBLE CHARACTERISTICS OF THE 20 WIRELESS TELECOMMUNICATIONS FACILITY. THE CITY, BY 21 REGULATION, MAY ALSO EXEMPT WIRELESS TELECOMMUNICATIONS 22 FACILITIES THAT OTHERWISE ARE SUBJECT TO THE PROVISIONS OF THIS 23 SECTION FROM THE OBLIGATION TO OBTAIN A PERMIT TO INSTALL OR 24 MODIFY A WIRELESS TELECOMMUNICATIONS FACILITY WHERE IT IS 25 DETERMINED THAT BECAUSE OF THE PHYSICAL CHARACTERISTICS OF 26 THE PROPOSED FACILITIES, AND THE WORK ASSOCIATED WITH THEM, 27 SUCH A PERMIT IS NOT REQUIRED TO PROTECT THE PUBLIC HEALTH, 28 WELFARE OR SAFETY, TO MAINTAIN THE CHARACTER OF A 29 NEIGHBORHOOD OR CORRIDOR, OR TO OTHERWISE SERVE THE 30 PURPOSES OF THIS ORDINANCE. 31 32

(4) INSTALLATION OF A MOBILE CELL FACILITY OR A SIMILAR STRUCTURE 33 FOR A TEMPORARY PERIOD IN CONNECTION WITH AN EMERGENCY OR 34 EVENT, BUT NO LONGER THAN REQUIRED FOR THE EMERGENCY OR 35 EVENT, PROVIDED THAT INSTALLATION DOES NOT INVOLVE 36 EXCAVATION, MOVEMENT OR REMOVAL OF EXISTING FACILITIES, AND 37 THAT AT LEAST 30 DAYS PRIOR WRITTEN NOTIFICATION IS PROVIDED TO 38 THE CITY, AND CONSENT FOR PLACEMENT IS GRANTED. 39

40 (5) A MICRO WIRELESS FACILITY STRUNG BETWEEN TWO UTILITY POLES 41

AND PROVIDED FURTHER THAT THE INSTALLATION DOES NOT REQUIRE 42

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Ordinance No. 19-O-05 Wireless Telecommunications Facilities in Public Rights-Of-Way Page 4 of 20

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REPLACEMENT OF THE STRAND, OR EXCAVATION, MODIFICATION OR 1 REPLACEMENT OF THE UTILITY POLES. 2

3 C. OTHER APPLICABLE REQUIREMENTS. IN ADDITION TO THE WIRELESS 4

TELECOMMUNICATIONS PERMIT REQUIRED BY THIS CHAPTER, THE 5 PLACEMENT OF A WIRELESS TELECOMMUNICATIONS FACILITY IN THE 6 PUBLIC RIGHTS-OF-WAY REQUIRES THE PERSONS WHO WILL OWN OR 7 CONTROL THOSE FACILITIES TO OBTAIN THE FRANCHISES, LICENSE 8 AGREEMENTS AND PERMITS REQUIRED BY APPLICABLE LAW, AND TO 9 COMPLY WITH APPLICABLE LAW, INCLUDING, BUT NOT LIMITED TO, 10 APPLICABLE LAW GOVERNING RADIO FREQUENCY (RF) EMISSIONS. 11 NOTHING IN THIS CHAPTER PRECLUDES THE CITY FROM APPLYING ITS 12 GENERALLY APPLICABLE HEALTH, SAFETY, AND WELFARE REGULATIONS 13 WHEN GRANTING CONSENT FOR A SMALL WIRELESS FACILITY OR WIRELESS 14 SUPPORT STRUCTURE IN THE CITY'S RIGHT-OF-WAY. 15

16 D. PUBLIC USE. EXCEPT AS OTHERWISE PROVIDED BY MARYLAND LAW, ANY 17

USE OF A RIGHT-OF-WAY AUTHORIZED PURSUANT TO THIS CHAPTER IS 18 SUBORDINATE TO THE CITY'S USE AND USE BY THE PUBLIC. 19

20 SECTION 526-2. DEFINITIONS. 21

22 TERMS USED IN THIS ARTICLE SHALL HAVE THE FOLLOWING MEANINGS: 23 24 A. APPLICATION: A FORMAL REQUEST, INCLUDING ALL REQUIRED AND 25

REQUESTED DOCUMENTATION AND INFORMATION SUBMITTED BY AN 26 APPLICANT TO THE CITY FOR A WIRELESS PLACEMENT PERMIT. 27

28 B. APPLICANT: A PERSON FILING AN APPLICATION FOR PLACEMENT OR 29

MODIFICATION OF A WIRELESS TELECOMMUNICATIONS FACILITY IN THE 30 RIGHTS-OF-WAY. 31

32 C. ANTENNA: AN APPARATUS DESIGNED TO EMIT RADIO FREQUENCY (RF) AND 33

OPERATE FROM A FIXED LOCATION TO PROVIDE WIRELESS SERVICES. 34 35 D. ANTENNA EQUIPMENT: EQUIPMENT, SWITCHES, WIRING, CABLING, POWER 36

SOURCES, SHELTERS OR CABINETS ASSOCIATED WITH AN ANTENNA, LOCATED 37 AT THE SAME FIXED LOCATION AS THE ANTENNA, AND, WHEN COLLOCATED ON 38 A STRUCTURE, IS MOUNTED OR INSTALLED AT THE SAME TIME AS SUCH 39 ANTENNA. 40

41 E. APPLICABLE LAWS/CODES: UNIFORM BUILDING, FIRE, SAFETY, ELECTRICAL, 42

PLUMBING, OR MECHANICAL CODES ADOPTED BY A RECOGNIZED NATIONAL 43 43

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Ordinance No. 19-O-05 Wireless Telecommunications Facilities in Public Rights-Of-Way Page 5 of 20

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CODE ORGANIZATION TO THE EXTENT SUCH CODES HAVE BEEN ADOPTED BY THE 1 CITY, INCLUDING ANY AMENDMENTS ADOPTED BY THE CITY, OR OTHERWISE 2 ARE APPLICABLE IN THE CITY. THE TERM INCLUDES THE REGULATIONS OF THE 3 FEDERAL COMMUNICATIONS COMMISSION AND THE OCCUPATIONAL SAFETY 4 AND HEALTH ADMINISTRATION AS WELL AS ANY CITY OR HARFORD COUNTY 5 STANDARDS OR REGULATIONS GOVERNING THE USE OF RIGHTS-OF-WAY. 6

7 F. BASE STATION: BASE STATION SHALL HAS THE SAME MEANING AS IN 47 8

C.F.R. SECTION 1.40001. 9 10 G. CERTIFICATE OF COMPLETION: A DOCUMENT THAT IS REQUIRED FROM AND 11

ISSUED BY THE CITY CONFIRMING THAT ALL WORK DESCRIBED IN THE 12 APPLICATION, AS APPROVED: 13

14 (1) WAS PROPERLY PERMITTED, INCLUDING, WITHOUT LIMITATION, ALL 15

REQUIRED PERMITS FOR BUILDING, ELECTRICAL WORK, STREET OR CURB 16 CUTTING, AND EXCAVATION; 17 18

(2) WAS DONE IN COMPLIANCE WITH AND FULFILLMENT OF ALL CONDITIONS 19 OF ALL PERMITS, INCLUDING ALL STATED DEADLINES; 20 21

(3) WAS FULLY CONSTRUCTED AND/OR PLACED AS APPROVED AND 22 PERMITTED; AND 23 24

(4) WAS FINALLY INSPECTED BY THE CITY, AND WAS APPROVED BY THE CITY 25 AFTER THE FINAL INSPECTION. 26

27 H. COLLOCATE: TO INSTALL OR MOUNT A SMALL WIRELESS FACILITY IN THE PUBLIC 28

RIGHT-OF-WAY ON AN EXISTING SUPPORT STRUCTURE, AN EXISTING TOWER, OR 29 ON AN EXISTING POLE TO WHICH A SMALL WIRELESS FACILITY IS ATTACHED AT 30 THE TIME OF THE APPLICATION. “COLLOCATION” HAS A CORRESPONDING 31 MEANING. 32

33 I. MAKE-READY WORK: WORK THAT AN AUTHORITY REASONABLY DETERMINES TO 34

BE REQUIRED TO ACCOMMODATE A WIRELESS INFRASTRUCTURE PROVIDER’S 35 INSTALLATION UNDER THIS CHAPTER AND TO COMPLY WITH ALL APPLICABLE 36 STANDARDS. THE WORK MAY INCLUDE, BUT IS NOT LIMITED TO, REPAIR, 37 REARRANGEMENT, REPLACEMENT AND CONSTRUCTION OF POLE; INSPECTIONS; 38 ENGINEERING WORK AND CERTIFICATION; PERMITTING WORK; TREE TRIMMING 39 (OTHER THAN TREE TRIMMING PERFORMED FOR NORMAL MAINTENANCE 40 PURPOSES); SITE PREPARATION; AND ELECTRICAL POWER CONFIGURATION. THE 41 TERM DOES NOT INCLUDE A WIRELESS INFRASTRUCTURE PROVIDER’S ROUTINE 42 MAINTENANCE. 43

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1 J. RIGHT-OF-WAY: THE TERM RIGHT-OF-WAY INCLUDES ANY PORTION OF ANY 2

STREET, ROAD OR PUBLIC WAY WHICH THE CITY HAS THE RESPONSIBILITY 3 TO MAINTAIN OR MANAGE. 4

5 K. MICRO WIRELESS FACILITY: A SMALL WIRELESS FACILITY HAVING 6

DIMENSIONS NO LARGER THAN 24 INCHES IN LENGTH, 15 INCHES IN WIDTH 7 AND 12 INCHES IN HEIGHT AND AN EXTERIOR ANTENNA, IF ANY, NO LONGER 8 THAN 11 INCHES. 9

10 L. SMALL WIRELESS FACILITY: A SMALL WIRELESS FACILITY IS A WIRELESS 11

TELECOMMUNICATIONS FACILITY. CONSISTENT WITH CODE OF FEDERAL 12 REGULATIONS, SUBPART U, PART 1 OF TITLE 47, “STATE AND LOCAL 13 GOVERNMENT REGULATION OF THE PLACEMENT, CONSTRUCTION, AND 14 MODIFICATION OF PERSONAL WIRELESS SERVICE FACILITIES”, A FACILITY THAT 15 MEETS EACH OF THE FOLLOWING CONDITIONS: 16

17 (1) THE STRUCTURE ON WHICH ANTENNA FACILITIES ARE MOUNTED: 18

(A) IS 50 FEET OR LESS IN HEIGHT, OR 19

(B) IS NO MORE THAN 10 PERCENT TALLER THAN OTHER ADJACENT 20 STRUCTURES, OR 21

(C) IS NOT EXTENDED TO A HEIGHT OF MORE THAN 10 PERCENT ABOVE ITS 22 PREEXISTING HEIGHT AS A RESULT OF THE COLLOCATION OF NEW 23 ANTENNA FACILITIES; AND 24

(2) EACH ANTENNA (EXCLUDING ASSOCIATED ANTENNA EQUIPMENT) IS NO 25 MORE THAN THREE CUBIC FEET IN VOLUME; AND 26

(3) ALL ANTENNA EQUIPMENT ASSOCIATED WITH THE FACILITY (EXCLUDING 27 ANTENNAS) ARE CUMULATIVELY NO MORE THAN 28 CUBIC FEET IN 28 VOLUME; AND 29

(4) THE FACILITY DOES NOT REQUIRE ANTENNA STRUCTURE REGISTRATION; 30

(5) THE FACILITY DOES NOT RESULT IN HUMAN EXPOSURE TO 31 RADIOFREQUENCY RADIATION IN EXCESS OF THE APPLICABLE SAFETY 32 STANDARDS SPECIFIED BY FEDERAL LAW 33

M. SUPPORT STRUCTURE: ANY STRUCTURE CAPABLE OF SUPPORTING A BASE 34 STATION. 35

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N. TOWER: ANY STRUCTURE BUILT FOR THE SOLE OR PRIMARY PURPOSE OF 1 SUPPORTING ANY FCC-LICENSED OR AUTHORIZED ANTENNAS AND THEIR 2 ASSOCIATED FACILITIES, INCLUDING STRUCTURES THAT ARE 3 CONSTRUCTED FOR WIRELESS COMMUNICATIONS SERVICES INCLUDING, 4 BUT NOT LIMITED TO, PRIVATE, BROADCAST, AND PUBLIC SAFETY 5 SERVICES, AS WELL AS UNLICENSED WIRELESS SERVICES AND FIXED 6 WIRELESS SERVICES SUCH AS MICROWAVE BACKHAUL, AND THE 7 ASSOCIATED SITE. THIS DEFINITION DOES NOT INCLUDE UTILITY POLES. 8

9 O. UTILITY POLE: A STRUCTURE IN THE RIGHT-OF-WAY DESIGNED TO SUPPORT 10

ELECTRIC, TELEPHONE AND SIMILAR UTILITY LINES. A TOWER IS NOT A 11 UTILITY POLE. 12

13 P. WIRELESS PERMIT: A PERMIT ISSUED PURSUANT TO THIS CHAPTER AND 14

AUTHORIZING THE PLACEMENT OR MODIFICATION OF A WIRELESS 15 TELECOMMUNICATIONS FACILITY OF A DESIGN SPECIFIED IN THE PERMIT 16 AT A PARTICULAR LOCATION WITHIN THE RIGHTS-OF-WAY; AND THE 17 MODIFICATION OF ANY EXISTING SUPPORT STRUCTURE TO WHICH THE 18 WIRELESS TELECOMMUNICATIONS FACILITY IS PROPOSED TO BE 19 ATTACHED. 20

21 Q. WIRELESS SERVICE PROVIDER. AN ENTITY THAT PROVIDES WIRELESS 22

SERVICES TO END USERS. 23 24 R. WIRELESS INFRASTRUCTURE PROVIDER: A PERSON THAT OWNS, CONTROLS, 25

OPERATES OR MANAGES A WIRELESS TELECOMMUNICATION FACILITY OR 26 PORTION THEREOF WITHIN THE RIGHT-OF-WAY. 27

28 S. WIRELESS REGULATIONS: THOSE REGULATIONS ADOPTED TO IMPLEMENT THE 29

PROVISIONS OF THIS ARTICLE. 30 31 T. WIRELESS TELECOMMUNICATIONS FACILITY, OR FACILITY: EQUIPMENT AT A 32

FIXED LOCATION THAT ENABLES WIRELESS COMMUNICATIONS BETWEEN 33 USER EQUIPMENT AND A COMMUNICATIONS NETWORK INCLUDING 34 WITHOUT LIMITATION RADIO TRANSCEIVERS, ANTENNAS, BASE STATION, 35 UNDERGROUND WIRING, COAXIAL OR FIBER-OPTIC CABLE, REGULAR AND 36 BACKUP POWER SUPPLIES, AND COMPARABLE EQUIPMENT, REGARDLESS 37 OF TECHNOLOGICAL CONFIGURATION. 38

39 SECTION 526-3. GENERAL STANDARDS FOR WIRELESS 40 TELECOMMUNICATIONS FACILITIES IN RIGHTS-OF-WAY. 41 42 A. GENERALLY. WIRELESS TELECOMMUNICATIONS FACILITIES SHALL MEET 43

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THE MINIMUM REQUIREMENTS SET FORTH IN THIS CHAPTER AND ANY 1 WIRELESS REGULATIONS APPROVED BY THE CITY COUNCIL, IN ADDITION 2 TO THE REQUIREMENTS OF ANY OTHER APPLICABLE LAW. 3

4 B. REGULATIONS. THE WIRELESS REGULATIONS AND ADMINISTRATIVE 5

DECISIONS ON APPLICATIONS FOR PLACEMENT OF WIRELESS 6 TELECOMMUNICATIONS FACILITIES IN THE RIGHTS-OF-WAY OR ON CITY 7 PROPERTY SHALL, AT A MINIMUM, ENSURE THAT THE REQUIREMENTS OF 8 THIS SECTION ARE SATISFIED, UNLESS IT IS DETERMINED THAT APPLICANT 9 HAS ESTABLISHED THAT DENIAL OF AN APPLICATION WOULD, WITHIN THE 10 MEANING OF FEDERAL LAW, PROHIBIT OR EFFECTIVELY PROHIBIT THE 11 PROVISION OF PERSONAL WIRELESS SERVICES, OR OTHERWISE VIOLATE 12 APPLICABLE LAWS OR REGULATIONS. IF THAT DETERMINATION IS MADE, 13 THE REQUIREMENTS OF THIS CHAPTER AND ANY CITY WIRELESS 14 REGULATIONS MAY BE WAIVED, BUT ONLY TO THE MINIMUM EXTENT 15 REQUIRED TO AVOID THE PROHIBITION. 16

17 C. STANDARDS. WIRELESS TELECOMMUNICATIONS FACILITIES SHALL BE 18

INSTALLED AND MODIFIED IN A MANNER THAT: 19 20

(1) MINIMIZES RISKS TO PUBLIC SAFETY, AVOIDS PLACEMENT OF ABOVE 21 GROUND FACILITIES IN UNDERGROUND AREAS, AVOIDS 22 INSTALLATION OF NEW SUPPORT STRUCTURES OR EQUIPMENT 23 CABINETS IN THE PUBLIC RIGHTS-OF-WAY, MAXIMIZES USE OF 24 EXISTING STRUCTURES AND POLES, AVOIDS PLACEMENT IN 25 RESIDENTIAL AREAS WHEN COMMERCIAL AREAS ARE REASONABLY 26 AVAILABLE, AND OTHERWISE MAINTAINS THE INTEGRITY AND 27 CHARACTER OF THE NEIGHBORHOODS AND CORRIDORS IN WHICH THE 28 FACILITIES ARE LOCATED; 29 30

(2) ENSURES THAT INSTALLATIONS ARE SUBJECT TO PERIODIC REVIEW 31 TO MINIMIZE THE INTRUSION ON THE RIGHTS-OF-WAY; 32

33 (3) UNLESS APPROVED BY THE CITY, ANY WIRELESS TELECOMMUNICATIONS 34

FACILITY MUST BE LOCATED NO CLOSER THAN: 35 36 (A) TWO (2) FEET FROM ANY CURB, SIDEWALK, OR OTHER IMPROVEMENT 37

WITHIN THE RIGHT-OF-WAY; AND 38 39

(B) FIVE (5) FEET FROM ANY DRIVEWAY APRON; AND 40 41 BE OTHERWISE LOCATED TO AVOID INTERFERENCE WITH PEDESTRIAN 42 AND MOTORIST SIGHTLINES AND USE. 43

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1 (4) ENSURES THAT THE CITY BEARS NO RISK OR LIABILITY AS A RESULT 2

OF THE INSTALLATIONS, AND THAT SUCH USE DOES NOT 3 INCONVENIENCE THE PUBLIC, INTERFERE WITH THE LEGAL USES OF 4 THE PUBLIC RIGHTS OF WAY OR PUBLIC ASSETS BY OTHERS, OR 5 HINDER THE ABILITY OF THE CITY OR OTHER GOVERNMENT AGENCIES 6 TO IMPROVE, MODIFY, RELOCATE, ABANDON OR VACATE THE PUBLIC 7 RIGHTS-OF-WAY OR ANY PORTION THEREOF, OR TO CAUSE THE 8 IMPROVEMENT, MODIFICATION, RELOCATION, VACATION OR 9 ABANDONMENT OF FACILITIES IN THE RIGHTS-OF-WAY. 10

11 (5) ENSURES THAT LOCATION OF FACILITIES ON EXISTING POLES OR 12

STRUCTURES IS WITHIN THE TOLERANCE OF THOSE POLES OR 13 STRUCTURES. 14

15 D. CONCEALMENT. PERMITS FOR WIRELESS TELECOMMUNICATIONS 16

FACILITIES SHALL INCORPORATE SPECIFIC CONCEALMENT ELEMENTS TO 17 MINIMIZE VISUAL IMPACTS, AND DESIGN REQUIREMENTS ENSURING 18 COMPLIANCE WITH ALL STANDARDS FOR NOISE EMISSIONS. UNLESS IT IS 19 DETERMINED THAT ANOTHER DESIGN IS LESS INTRUSIVE, OR PLACEMENT 20 IS REQUIRED UNDER APPLICABLE LAW: 21

22 (1) ANTENNAS LOCATED AT THE TOP OF SUPPORT STRUCTURES SHALL BE 23

INCORPORATED INTO THE STRUCTURE, OR PLACED WITHIN SHROUDS 24 OF A SIZE SUCH THAT THE ANTENNA APPEARS TO BE PART OF THE 25 SUPPORT STRUCTURE. 26 27

(2) ANTENNAS PLACED ELSEWHERE ON A SUPPORT STRUCTURE SHALL BE 28 INTEGRATED INTO THE STRUCTURE, OR BE DESIGNED AND PLACED TO 29 MINIMIZE VISUAL IMPACT. 30

31 (3) RADIO UNITS OR EQUIPMENT CABINETS HOLDING RADIO UNITS AND 32

MOUNTED ON A UTILITY POLE SHALL BE PLACED AS HIGH AS POSSIBLE 33 ON A SUPPORT STRUCTURE, LOCATED TO AVOID INTERFERING WITH, 34 OR CREATING ANY HAZARD TO, ANY OTHER USE OF THE PUBLIC 35 RIGHTS-OF-WAY, AND LOCATED ON ONE SIDE OF THE UTILITY POLE. 36 UNLESS THE RADIO UNITS OR EQUIPMENT CABINETS CAN BE 37 CONCEALED BY APPROPRIATE TRAFFIC SIGNAGE, RADIO UNITS OR 38 EQUIPMENT CABINETS MOUNTED BELOW THE COMMUNICATIONS 39 SPACE ON UTILITY POLES SHALL BE DESIGNED SO THAT THE LARGEST 40 DIMENSION IS VERTICAL, AND THE WIDTH IS SUCH THAT THE RADIO 41 UNITS OR EQUIPMENT CABINETS ARE MINIMALLY VISIBLE FROM THE 42 OPPOSITE SIDE OF THE SUPPORT STRUCTURE ON WHICH THEY ARE 43

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PLACED. 1 2

(4) WIRING AND CABLING SHALL BE NEAT AND CONCEALED WITHIN OR 3 FLUSH TO THE SUPPORT STRUCTURE, ENSURING CONCEALMENT OF 4 THESE COMPONENTS TO THE GREATEST EXTENT POSSIBLE. 5

6 (5) GROUND-MOUNTED EQUIPMENT ASSOCIATED WITH A WIRELESS 7

TELECOMMUNICATIONS FACILITY SHALL BE PERMITTED ONLY WHERE 8 CONSISTENT WITH THE PORTION OF THE CORRIDOR IN WHICH IT IS TO 9 BE PLACED, AND MAY BE REQUIRED TO BE UNDERGROUND, LOCATED 10 IN ALLEYS OR OTHERWISE SHIELDED. IN NO EVENT MAY GROUND-11 MOUNTED EQUIPMENT INTERFERE WITH PEDESTRIAN OR VEHICULAR 12 TRAFFIC. 13

14 (6) NO PERMIT SHALL BE ISSUED OR EFFECTIVE UNLESS IT IS SHOWN THAT 15

THE WIRELESS TELECOMMUNICATIONS FACILITY WILL COMPLY WITH 16 FEDERAL COMMUNICATION COMMISSION ("FCC") REGULATIONS 17 GOVERNING RADIO FREQUENCY ("RF") EMISSIONS. EVERY WIRELESS 18 FACILITY SHALL AT ALL TIMES COMPLY WITH APPLICABLE FCC 19 REGULATIONS GOVERNING RF EMISSIONS, AND FAILURE TO COMPLY 20 THEREWITH SHALL BE A TREATED AS A MATERIAL VIOLATION OF THE 21 TERMS OF ANY PERMIT OR LEASE. 22

23 (7) NO TOWERS SHALL BE PERMITTED IN THE PUBLIC RIGHTS-OF- WAY, AND 24

NO WIRELESS TELECOMMUNICATIONS FACILITIES SHALL BE PERMITTED 25 ABOVE-GROUND IN UNDERGROUND AREAS; PROVIDED THAT THE CITY 26 MAY PERMIT PLACEMENTS WHERE ALL ELEMENTS OF THE WIRELESS 27 TELECOMMUNICATIONS FACILITY ARE CONCEALED AND THE FACILITY 28 DOES NOT APPEAR TO A CASUAL OBSERVER TO BE A WIRELESS 29 TELECOMMUNICATIONS FACILITY. 30

31 (8) NO PERMIT SHALL ISSUE EXCEPT TO WIRELESS SERVICE PROVIDERS 32

WITH IMMEDIATE PLANS FOR USE OF THE PROPOSED WIRELESS 33 TELECOMMUNICATIONS FACILITY; OR TO WIRELESS INFRASTRUCTURE 34 PROVIDERS WITH CONTRACTS WITH WIRELESS SERVICE PROVIDERS 35 WHICH REQUIRE THE SERVICE PROVIDER IMMEDIATELY TO USE THE 36 PROPOSED WIRELESS TELECOMMUNICATIONS FACILITY. 37

38 (9) UNLESS APPROPRIATELY PLACED, AND CONCEALED, SO THAT THE SIZE 39

OF THE FACILITY CANNOT BE INCREASED EXCEPT WITH THE 40 DISCRETIONARY APPROVAL OF THE CITY, NO WIRELESS 41 TELECOMMUNICATIONS FACILITY IS PERMITTED IN RIGHTS-OF-WAY IN 42 ALLEYS. 43

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1 SECTION 526-4. APPLICATION SUBMISSION REQUIREMENTS AND FINAL 2 INSPECTION. 3 4 A. SUBMISSION. APPLICANT SHALL SUBMIT A PAPER COPY AND AN 5

ELECTRONIC COPY OF ANY APPLICATION, AMENDMENTS OR SUPPLEMENTS 6 TO AN APPLICATION, OR RESPONSES TO REQUESTS FOR INFORMATION 7 REGARDING AN APPLICATION, TO THE CITY MANAGER OR DESIGNEE. 8

9 B. CONTENT. AN APPLICATION MUST CONTAIN: 10 11

(1) THE NAME OF THE APPLICANT, ITS TELEPHONE NUMBER AND CONTACT 12 INFORMATION, AND IF THE APPLICANT IS A WIRELESS INFRASTRUCTURE 13 PROVIDER, THE NAME AND CONTACT INFORMATION FOR THE WIRELESS 14 SERVICE PROVIDER THAT WILL BE USING THE WIRELESS 15 TELECOMMUNICATIONS FACILITY; 16

17 (2) A COMPLETE DESCRIPTION OF THE PROPOSED WIRELESS 18

TELECOMMUNICATIONS FACILITY AND THE WORK THAT WILL BE 19 REQUIRED TO INSTALL OR MODIFY IT, INCLUDING BUT NOT LIMITED TO 20 DETAIL REGARDING PROPOSED EXCAVATIONS, IF ANY; DETAILED SITE 21 PLANS SHOWING THE LOCATION OF THE WIRELESS 22 TELECOMMUNICATIONS FACILITY; A PRE-CONSTRUCTION SURVEY; A 23 PROPOSED SCHEDULE FOR COMPLETION, CERTIFIED BY A LICENSED 24 PROFESSIONAL ENGINEER; A CERTIFICATION BY A RADIO FREQUENCY 25 ENGINEER THAT THE TELECOMMUNICATIONS FACILITY WILL COMPLY WITH 26 THE RADIO FREQUENCY RADIATION EMISSION STANDARDS ADOPTED BY 27 THE FEDERAL COMMUNICATIONS COMMISSION; AND A DESCRIPTION OF 28 THE DISTANCE TO THE NEAREST RESIDENTIAL DWELLING UNIT AND 29 ANY CONTRIBUTING HISTORICAL STRUCTURE WITHIN 500 FEET OF THE 30 FACILITY. BEFORE AND AFTER 360 DEGREE PHOTO SIMULATIONS MUST 31 BE PROVIDED. THE ELECTRONIC VERSION OF AN APPLICATION MUST BE 32 IN A STANDARD FORMAT THAT CAN BE EASILY UPLOADED ON A WEB 33 PAGE FOR REVIEW BY THE PUBLIC. 34 35

(3) AN APPLICATION FOR MODIFICATION OF AN ELIGIBLE SUPPORT 36 STRUCTURE MUST CONTAIN INFORMATION SUFFICIENT TO SHOW THAT 37 THE APPLICATION QUALIFIES UNDER OF 47 C.F.R. SECTION 1.40001. THE 38 APPLICATION MUST RELATE TO AN EXISTING WIRELESS 39 TELECOMMUNICATIONS FACILITY THAT HAS BEEN APPROVED BY THE 40 CITY PURSUANT TO THIS ARTICLE. BEFORE AND AFTER 360 DEGREE 41 PHOTO SIMULATIONS MUST BE PROVIDED WITH DETAILED 42 SPECIFICATIONS DEMONSTRATING THAT THE MODIFICATION DOES NOT 43

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SUBSTANTIALLY CHANGE THE PHYSICAL DIMENSIONS OF THE EXISTING 1 APPROVED STRUCTURE. 2 3

(4) AN APPLICATION FOR A PERMIT SHALL BE SUBMITTED IN THE FORMAT 4 AND MANNER SPECIFIED BY THE CITY MANAGER. APPLICATIONS MUST 5 CONTAIN ALL INFORMATION REQUIRED BY THIS SECTION AND BY ANY 6 WIRELESS REGULATIONS TO DEMONSTRATE THAT APPLICANT IS 7 ENTITLED TO THE PERMIT REQUESTED. 8 9

(5) APPLICANT MUST PROVIDE ANY INFORMATION UPON WHICH IT RELIES 10 IN SUPPORT OF A CLAIM THAT DENIAL OF THE APPLICATION WOULD 11 PROHIBIT OR EFFECTIVELY PROHIBIT THE PROVISION OF SERVICE IN 12 VIOLATION OF FEDERAL LAW, OR OTHERWISE VIOLATE APPLICABLE 13 LAW. APPLICANTS MAY NOT SUPPLEMENT THIS SHOWING IF DOING SO 14 WOULD PREVENT CITY FROM COMPLYING WITH ANY DEADLINE FOR 15 ACTION ON AN APPLICATION. 16 17

(6) PROOF THAT NOTICE HAS BEEN MAILED TO OWNERS OF ALL PROPERTY, 18 AND THE RESIDENT MANAGER FOR ANY MULTI-FAMILY DWELLING UNIT 19 THAT INCLUDES TEN (10) OR MORE UNITS, WITHIN 300 FEET OF THE 20 PROPOSED WIRELESS TELECOMMUNICATIONS FACILITY. 21 22

(7) A COPY OF ANY POLE OR STRUCTURE ATTACHMENT AGREEMENT MUST 23 BE PROVIDED, AS WELL AS SUFFICIENT INFORMATION TO DETERMINE 24 THAT THE INSTALLATION CAN BE SUPPORTED BY AND DOES NOT 25 EXCEED THE TOLERANCES OF THE POLE OR STRUCTURE AND 26 SPECIFICATIONS FOR EACH ELEMENT OF THE WIRELESS 27 TELECOMMUNICATIONS FACILITY, CLEARLY DESCRIBING THE SITE AND 28 ALL STRUCTURES AND FACILITIES AT THE SITE BEFORE AND AFTER 29 INSTALLATION OR MODIFICATION; A STRUCTURAL REPORT PERFORMED 30 BY A DULY LICENSED ENGINEER EVIDENCING THAT THE POLE, TOWER OR 31 SUPPORT STRUCTURE CAN ADEQUATELY SUPPORT THE COLLOCATION (OR 32 THAT THE POLE, TOWER, OR SUPPORT STRUCTURE WILL BE MODIFIED TO 33 MEET STRUCTURAL REQUIREMENTS) IN ACCORDANCE WITH APPLICABLE 34 CODES. 35

36 (8) PAYMENT OF ANY REQUIRED FEES. 37

38 (9) BEFORE A PERMIT IS ISSUED, A CONCURRENT AGREEMENT TO ANY 39

REQUIRED FRANCHISE, ACCESS OR LICENSE AGREEMENT MUST BE 40 PROVIDED. 41 42

C. FEES. APPLICANT MUST PROVIDE AN APPLICATION FEE, AND SHALL BE 43 51

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REQUIRED TO PAY ALL COSTS REASONABLY INCURRED BY THE CITY IN 1 REVIEWING THE APPLICATION, INCLUDING COSTS INCURRED IN RETAINING 2 OUTSIDE CONSULTANTS. APPLICANT SHALL ALSO PAY AN ACCESS FEE. 3 FEES SHALL BE REVIEWED PERIODICALLY, AND RAISED OR LOWERED 4 BASED ON COSTS THE CITY EXPECTS TO INCUR. 5

6 D. THE CITY MAY ELECT TO PROVIDE PUBLIC NOTICE OF AN APPLICATION AND 7

HOLD A PUBLIC HEARING PRIOR TO THE APPROVAL OF AN APPLICATION. IF THE 8 CITY ELECTS TO HOLD A PUBLIC HEARING ON AN APPLICATION, THE 9 APPLICANT SHALL BE REPRESENTED AT THE PUBLIC HEARING AND BE 10 AVAILABLE TO ANSWER INQUIRIES ABOUT THE APPLICATION. 11

12 E. AS PART OF THE PERMIT PROCESS, THE CITY MAY REQUIRE A WIRELESS 13

TELECOMMUNICATIONS FACILITY TO BE FULLY OPERATIONAL WITHIN A 14 SPECIFIED PERIOD AFTER THE DATE THE LAST OR FINAL PERMIT IS ISSUED, 15 UNLESS THE CITY AND THE APPLICANT AGREE TO EXTEND THE PERIOD. 16

17 F. WAIVERS. REQUESTS FOR WAIVERS FROM ANY REQUIREMENT OF THIS 18

CHAPTER SHALL BE MADE IN WRITING TO THE CITY MANAGER OR 19 DESIGNEE. THE CITY MANAGER OR DESIGNEE MAY GRANT A REQUEST FOR 20 WAIVER IF IT IS DEMONSTRATED THAT, NOTWITHSTANDING THE ISSUANCE 21 OF A WAIVER, THE CITY WILL BE PROVIDED ALL INFORMATION NECESSARY 22 TO UNDERSTAND THE NATURE OF THE CONSTRUCTION OR OTHER ACTIVITY 23 TO BE CONDUCTED PURSUANT TO THE PERMIT SOUGHT. 24

25 G. PROCESSING OF APPLICATIONS. FOR SMALL WIRELESS FACILITIES, 26

PERSONAL WIRELESS FACILITIES, AS THOSE TERMS ARE DEFINED UNDER 27 FEDERAL LAW, AND ELIGIBLE FACILITIES REQUESTS, AS THAT TERM IS 28 DEFINED UNDER FEDERAL LAW, APPLICATIONS WILL BE PROCESSED IN 29 CONFORMITY WITH STATE, LOCAL AND FEDERAL LAW, AS AMENDED. 30 CURRENTLY, THE FCC HAS REQUIRED THAT SUCH APPLICATIONS BE 31 PROCESSED WITHIN 60 DAYS OF RECEIPT OF A COMPLETED APPLICATION 32 FOR FACILITIES THAT WILL BE COLLOCATED ON PREEXISTING 33 STRUCTURES, AND 90 DAYS FOR NEW CONSTRUCTION. 34

35 H. REJECTION FOR INCOMPLETENESS. NOTICES OF INCOMPLETENESS SHALL 36

BE PROVIDED IN CONFORMITY WITH STATE, AND LOCAL AND FEDERAL 37 LAW. IF SUCH AN APPLICATION IS INCOMPLETE, IT MAY BE REJECTED BY 38 A WRITTEN ORDER SPECIFYING THE MATERIAL OMITTED FROM THE 39 APPLICATION, OR THE CITY MAY NOTIFY THE APPLICANT OF THE 40 MATERIAL OMITTED AND PROVIDE AN OPPORTUNITY TO SUBMIT THE 41 MISSING MATERIAL. THE TIME IMPOSED BY FEDERAL, STATE OR LOCAL 42 LAW FOR THE PROCESSING OF AN APPLICATION DOES NOT BEGIN TO RUN 43

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UNTIL AN APPLICATION IS COMPLETE. 1 2 I. FINAL INSPECTION. UPON COMPLETION OF THE APPROVED WORK, THE 3

APPLICANT MUST FILE A STATEMENT OF THE PROFESSIONAL OPINION BY AN 4 INDEPENDENT, QUALIFIED ENGINEER LICENSED IN THE STATE OF MARYLAND 5 THAT INDICATES THAT THE INSTALLATION, BASED UPON THE ENGINEER’S 6 ACTUAL INSPECTIONS, IN THE ENGINEER’S OPINION AND TO THE BEST OF THE 7 ENGINEER’S KNOWLEDGE, MEETS THE REQUIREMENTS OF THE APPROVED 8 PLAN DOCUMENTS, THIS ARTICLE AND OTHER APPLICABLE LAW. 9 CERTIFICATIONS MUST BE SIGNED AND SEALED BY THE QUALIFIED ENGINEER 10 MAKING THE STATEMENT. UPON RECEIPT OF THE STATEMENT, AND ANY 11 REQUIRED CITY INSPECTION, THE WORK MAY BE ACCEPTED AND A 12 CERTIFICATE OF COMPLETION MAY BE ISSUED BY THE CITY. 13 14

SECTION 526-5. TERMINATION OF PERMIT/BREACH. 15 16

A. FOR BREACH. A WIRELESS TELECOMMUNICATIONS PERMIT MAY BE 17 REVOKED FOR FAILURE TO COMPLY WITH THE CONDITIONS OF THE PERMIT, 18 FRANCHISE, LICENSE OR APPLICABLE LAW. UPON REVOCATION, THE 19 WIRELESS TELECOMMUNICATIONS FACILITY MUST BE REMOVED WITHIN 30 20 DAYS OF WRITTEN NOTICE; PROVIDED THAT REMOVAL OF SUPPORT 21 STRUCTURE OWNED BY CITY, A UTILITY, OR ANOTHER ENTITY 22 AUTHORIZED TO MAINTAIN A SUPPORT STRUCTURE IN THE RIGHT-OF-WAY 23 NEED NOT BE REMOVED, BUT MUST BE RESTORED TO ITS PRIOR CONDITION, 24 EXCEPT AS SPECIFICALLY PERMITTED BY THE CITY. ALL COSTS INCURRED 25 BY THE CITY IN CONNECTION WITH THE REVOCATION AND REMOVAL 26 SHALL BE PAID BY ENTITIES WHO OWN OR CONTROL ANY PART OF THE 27 WIRELESS TELECOMMUNICATIONS FACILITY. 28

29 B. FOR INSTALLATION WITHOUT A PERMIT. A WIRELESS 30

TELECOMMUNICATIONS FACILITY INSTALLED WITHOUT A WIRELESS PERMIT 31 (EXCEPT FOR THOSE EXEMPTED BY THIS ARTICLE) MUST BE REMOVED 32 WITHIN 30 DAYS OF WRITTEN NOTICE; PROVIDED THAT REMOVAL OF A 33 SUPPORT STRUCTURE OWNED BY THE CITY, A UTILITY, OR ANOTHER ENTITY 34 AUTHORIZED TO MAINTAIN A SUPPORT STRUCTURE IN THE RIGHT-OF-WAY 35 NEED NOT BE REMOVED, BUT MUST BE RESTORED TO ITS PRIOR CONDITION, 36 EXCEPT AS SPECIFICALLY PERMITTED BY THE CITY. ALL COSTS INCURRED BY 37 THE CITY IN CONNECTION WITH THE REVOCATION AND REMOVAL SHALL BE 38 PAID BY ENTITIES WHO OWN OR CONTROL ANY PART OF THE WIRELESS 39 TELECOMMUNICATIONS FACILITY. 40

41 C. TERM. A WIRELESS PERMIT, OTHER THAN A PERMIT ISSUED PURSUANT TO 42

AN ELIGIBLE FACILITIES REQUEST, SHALL BE VALID FOR A PERIOD OF FIVE 43 53

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(5) YEARS. AN ELIGIBLE FACILITIES PERMIT SHALL EXPIRE AT THE SAME 1 TIME THE PERMIT FOR THE UNDERLYING EXISTING WIRELESS 2 TELECOMMUNICATIONS FACILITY EXPIRES. A PERSON HOLDING A 3 WIRELESS TELECOMMUNICATIONS PERMIT MUST EITHER REMOVE THE 4 WIRELESS TELECOMMUNICATIONS FACILITY UPON EXPIRATION (PROVIDED 5 THAT REMOVAL OF A SUPPORT STRUCTURE OWNED BY THE CITY, A 6 UTILITY, OR ANOTHER ENTITY AUTHORIZED TO MAINTAIN A SUPPORT 7 STRUCTURE IN THE RIGHT-OF-WAY NEED NOT BE REMOVED, BUT MUST BE 8 RESTORED TO ITS PRIOR CONDITION, EXCEPT AS SPECIFICALLY PERMITTED 9 BY THE CITY); OR, AT LEAST 90 DAYS PRIOR TO EXPIRATION, MUST SUBMIT 10 AN APPLICATION TO RENEW THE PERMIT, WHICH APPLICATION MUST 11 DEMONSTRATE THAT THE IMPACT OF THE WIRELESS 12 TELECOMMUNICATIONS FACILITY CANNOT BE REDUCED. THE WIRELESS 13 TELECOMMUNICATIONS FACILITY MUST REMAIN IN PLACE UNTIL IT IS 14 ACTED UPON BY THE CITY, AND ANY APPEALS FROM THE CITY'S DECISION 15 ARE EXHAUSTED. 16

17 SECTION 526-6. INFRASTRUCTURE OWNED OR CONTROLLED BY THE CITY. 18 19 THE CITY MAY NEGOTIATE AGREEMENTS FOR USE OF CITY OWNED OR 20 CONTROLLED LIGHT STANDARDS AND TRAFFIC SIGNALS IN THE PUBLIC 21 RIGHTS-OF-WAY FOR PLACEMENT OF WIRELESS TELECOMMUNICATIONS 22 FACILITIES ON THOSE STRUCTURES. THE AGREEMENT SHALL SPECIFY THE 23 COMPENSATION TO THE CITY FOR USE OF THE STRUCTURES. THE PERSON 24 SEEKING THE AGREEMENT SHALL ADDITIONALLY REIMBURSE THE CITY FOR 25 ALL COSTS THE CITY INCURS IN CONNECTION WITH ITS REVIEW OF, AND 26 ACTION UPON, THE PERSON'S REQUEST FOR AN AGREEMENT. 27 28 SECTION 526-7. INSURANCE. 29 30 A. THE CITY SHALL REQUIRE A WIRELESS INFRASTRUCTURE PROVIDER TO 31

INDEMNIFY AND HOLD HARMLESS THE CITY AND ITS OFFICIALS, OFFICERS AND 32 EMPLOYEES AGAINST ANY LOSS, DAMAGE, OR LIABILITY TO THE EXTENT THAT 33 IT IS CAUSED BY THE NEGLIGENT OR WILLFUL ACT OR OMISSION OF THE 34 WIRELESS INFRASTRUCTURE PROVIDER WHO OWNS OR OPERATES SMALL 35 WIRELESS FACILITIES OR POLES IN THE RIGHT-OF-WAY, ITS AGENTS, OFFICERS, 36 DIRECTORS, REPRESENTATIVES, EMPLOYEES, AFFILIATES, OR 37 SUBCONTRACTORS, OR THEIR RESPECTIVE OFFICERS, AGENTS, EMPLOYEES, 38 DIRECTORS, OR REPRESENTATIVES. 39

40 B. DURING THE PERIOD IN WHICH THE FACILITIES OF A WIRELESS 41

INFRASTRUCTURE PROVIDER ARE LOCATED ON OR ATTACHED TO THE CITY’S 42 ASSETS OR RIGHTS-OF-WAY, THE CITY MAY REQUIRE A WIRELESS 43

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INFRASTRUCTURE PROVIDER TO: 1 2

(1) CARRY, AT THE WIRELESS INFRASTRUCTURE PROVIDER'S SOLE COST AND 3 EXPENSE, THE FOLLOWING TYPES OF THIRD-PARTY INSURANCE: 4 5 (A) PROPERTY INSURANCE FOR ITS PROPERTY'S REPLACEMENT COST 6

AGAINST ALL RISKS; 7 8

(B) WORKERS' COMPENSATION INSURANCE, AS REQUIRED BY LAW; AND 9 10

(C) COMMERCIAL GENERAL LIABILITY INSURANCE WITH RESPECT TO ITS 11 ACTIVITIES ON CITY IMPROVEMENTS OR RIGHTS-OF-WAY TO AFFORD 12 PROTECTION WITH LIMITS NOT INCONSISTENT WITH ITS REQUIREMENTS 13 OF OTHER USERS OF CITY IMPROVEMENTS OR RIGHTS-OF-WAY, 14 INCLUDING COVERAGE FOR BODILY INJURY AND PROPERTY DAMAGE; 15 AND 16

17 (2) INCLUDE THE CITY AS AN ADDITIONAL INSURED ON THE COMMERCIAL 18

GENERAL LIABILITY POLICY AND PROVIDE CERTIFICATION AND 19 DOCUMENTATION OF INCLUSION OF THE CITY IN A COMMERCIAL GENERAL 20 LIABILITY POLICY AS REASONABLY REQUIRED BY THE CITY. 21

22 SECTION 526-8. MAKE-READY WORK. 23 24 A. THE CITY MAY PROVIDE A WIRELESS INFRASTRUCTURE PROVIDER THE OPTION 25

OF EITHER HAVING THE WIRELESS INFRASTRUCTURE PROVIDER PERFORM ANY 26 NECESSARY MAKE-READY WORK THROUGH THE USE OF QUALIFIED 27 CONTRACTORS AUTHORIZED BY THE CITY, OR HAVING THE CITY PERFORM 28 ANY NECESSARY MAKE-READY WORK AT THE SOLE COST OF THE WIRELESS 29 INFRASTRUCTURE PROVIDER. 30

31 B. UPON COMPLETION OF THE MAKE-READY WORK PERFORMED BY THE CITY AT 32

THE REQUEST OF A WIRELESS INFRASTRUCTURE PROVIDER, THE WIRELESS 33 INFRASTRUCTURE PROVIDER SHALL REIMBURSE THE CITY FOR THE CITY’S 34 ACTUAL AND DOCUMENTED COST OF THE MAKE-READY WORK. 35

36 SECTION 526-9. RIGHT-OF -WAY REPAIR. 37 38 A WIRELESS INFRASTRUCTURE PROVIDER SHALL BE REQUIRED TO PROMPTLY: 39 40

(1) REPAIR ANY DAMAGE TO THE PUBLIC RIGHT-OF-WAY OR ANY DAMAGES TO 41 FACILITIES IN THE RIGHT-OF-WAY DIRECTLY CAUSED BY THE ACTIVITIES OF 42 THE WIRELESS INFRASTRUCTURE PROVIDER AND RETURN THE RIGHT-OF-43

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WAY TO THE RIGHT-OF-WAY’S CONDITION PRIOR TO THE DAMAGES CAUSED 1 BY THE WIRELESS INFRASTRUCTURE PROVIDER. 2 3

(2) REMOVE AND RELOCATE THE PERMITTED SMALL WIRELESS FACILITY 4 AND/OR WIRELESS SUPPORT STRUCTURE AT THE WIRELESS 5 INFRASTRUCTURE PROVIDER'S SOLE EXPENSE TO ACCOMMODATE 6 CONSTRUCTION OF A PUBLIC IMPROVEMENT PROJECT BY THE CITY. IF 7 THE WIRELESS INFRASTRUCTURE PROVIDER FAILS TO REMOVE OR 8 RELOCATE THE SMALL WIRELESS FACILITY AND/OR WIRELESS SUPPORT 9 STRUCTURE OR PORTION THEREOF AS REQUESTED BY THE CITY WITHIN 10 120 DAYS OF THE CITY'S NOTICE, THEN THE CITY SHALL BE ENTITLED TO 11 REMOVE THE SMALL WIRELESS FACILITY AND/OR WIRELESS SUPPORT 12 STRUCTURE, OR PORTION THEREOF, AT THE WIRELESS INFRASTRUCTURE 13 PROVIDER'S SOLE COST AND EXPENSE, WITHOUT FURTHER NOTICE TO THE 14 WIRELESS INFRASTRUCTURE PROVIDER. THE WIRELESS INFRASTRUCTURE 15 PROVIDER SHALL, WITHIN 30 DAYS FOLLOWING ISSUANCE OF INVOICE FOR 16 THE SAME, REIMBURSE THE CITY FOR ITS REASONABLE EXPENSES 17 INCURRED IN THE REMOVAL (INCLUDING, WITHOUT LIMITATION, 18 OVERHEAD AND STORAGE EXPENSES) OF THE SMALL WIRELESS FACILITIES 19 AND/OR WIRELESS SUPPORT STRUCTURE, OR PORTION THEREOF. 20

21 (3) AT ITS SOLE COST AND EXPENSE, PROMPTLY DISCONNECT, REMOVE, OR 22

RELOCATE THE APPLICABLE SMALL WIRELESS FACILITY AND/OR WIRELESS 23 SUPPORT STRUCTURE WITHIN THE TIME FRAME AND IN THE MANNER 24 REQUIRED BY THE CITY IF THE CITY REASONABLY DETERMINES THAT THE 25 DISCONNECTION, REMOVAL, OR RELOCATION OF ANY PART OF A SMALL 26 WIRELESS FACILITY AND/OR WIRELESS SUPPORT STRUCTURE: 27 28 (A) IS NECESSARY TO PROTECT THE PUBLIC HEALTH, SAFETY, WELFARE, OR 29

CITY PROPERTY, OR 30 31

(B) THE WIRELESS INFRASTRUCTURE PROVIDER FAILS TO OBTAIN ALL 32 APPLICABLE LICENSES, PERMITS, AND CERTIFICATIONS REQUIRED BY 33 LAW FOR ITS SMALL WIRELESS FACILITY AND/OR WIRELESS SUPPORT 34 STRUCTURE. IF THE CITY REASONABLY DETERMINES THAT THERE IS 35 IMMINENT DANGER TO THE PUBLIC, THEN THE CITY MAY IMMEDIATELY 36 DISCONNECT, REMOVE, OR RELOCATE THE APPLICABLE SMALL 37 WIRELESS FACILITY AND/OR WIRELESS SUPPORT STRUCTURE AT THE 38 WIRELESS INFRASTRUCTURE PROVIDER'S SOLE COST AND EXPENSE. 39

40 SECTION 526-10. FACILITIES NO LONGER NEEDED. 41 42 A. A WIRELESS INFRASTRUCTURE PROVIDER SHALL PROMPTLY NOTIFY THE CITY 43

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OF A DECISION TO REMOVE FROM SERVICE A WIRELESS 1 TELECOMMUNICATIONS FACILITY LOCATED ON A PUBLIC RIGHT-OF-WAY. 2

3 B. A WIRELESS INFRASTRUCTURE PROVIDER SHALL REMOVE A WIRELESS 4

TELECOMMUNICATIONS FACILITY THAT IS NO LONGER NEEDED FOR SERVICE 5 AND LOCATED ON A PUBLIC RIGHT-OF-WAY AT THE SOLE COST AND EXPENSE 6 OF THE WIRELESS INFRASTRUCTURE PROVIDER. 7

8 C. IF THE CITY CONCLUDES THAT A WIRELESS TELECOMMUNICATIONS FACILITY 9

HAS BEEN ABANDONED IN PLACE, THE CITY MAY REMOVE THE FACILITY AND 10 INVOICE THE WIRELESS INFRASTRUCTURE PROVIDER FOR THE ACTUAL AND 11 DOCUMENTED COST INCURRED BY THE CITY FOR REMOVAL. 12

13 D. UNTIL A WIRELESS TELECOMMUNICATIONS FACILITY THAT IS LOCATED ON 14

PUBLIC RIGHT-OF-WAY IS REMOVED FROM THE PUBLIC RIGHT-OF-WAY, A 15 WIRELESS INFRASTRUCTURE PROVIDER SHALL PAY ALL FEES AND CHARGES 16 DUE THE CITY, REGARDLESS OF WHETHER THE FACILITY IS OPERATIONAL. 17

18 SECTION 526-11. SURETY BONDS. 19 20 A. THE CITY MAY REQUIRE A SURETY BOND FOR WIRELESS INFRASTRUCTURE 21

PROVIDERS. 22 23 B. THE PURPOSE OF A SURETY BOND REQUIRED UNDER SUBSECTION A. OF THIS 24

SECTION SHALL BE TO: 25 26

(1) PROVIDE FOR THE REMOVAL OF ABANDONED OR IMPROPERLY MAINTAINED 27 SMALL WIRELESS FACILITIES, INCLUDING THOSE THAT THE CITY REQUIRES 28 TO BE REMOVED TO PROTECT PUBLIC HEALTH, SAFETY, OR WELFARE, AND 29 RESTORE THE RIGHTS-OF-WAY; AND 30 31

(2) RECOUP RATES OR FEES THAT HAVE NOT BEEN PAID BY A WIRELESS 32 INFRASTRUCTURE PROVIDER, SUBJECT TO THIRTY (30) DAYS PRIOR 33 WRITTEN NOTICE TO THE WIRELESS INFRASTRUCTURE PROVIDER AND THE 34 OPPORTUNITY TO PAY THE RATES OR FEES OUTSTANDING. 35

36 SECTION 526-12. FEES. 37 38 THE FOLLOWING ENUMERATIONS ARE THE CURRENT FEES AND CHARGES PAYABLE 39 UNDER THIS CHAPTER. 40 41

(1) APPLICATION FEE: WIRELESS TELECOMMUNICATIONS FACILITIES AND 42 RELATED OVERHEAD AND UNDERGROUND WIRING, CABLE, HOSES, PIPES 43

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Ordinance No. 19-O-05 Wireless Telecommunications Facilities in Public Rights-Of-Way Page 19 of 20

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AND SIMILAR FACILITIES: 1 2 (A) UP TO FIVE FACILITIES $500.00 3

4 (B) EACH ADDITIONAL FACILITY $100.00 5

6 (C) EACH NEW POLE $1,000.00 7

8 (D) ACTUAL COST TO REVIEW APPLICATIONS, IF IN EXCESS OF SET FEES 9

10 (2) ACCESS FEE: $270 PER SMALL WIRELESS FACILITY PER YEAR 11

12 SECTION 526-13. VIOLATIONS. 13 14 A VIOLATION OF ANY PROVISION OF THIS CHAPTER SHALL CONSTITUTE A 15 MUNICIPAL INFRACTION AND IS SUBJECT TO A FINE OF $100.00. EACH DAY THAT A 16 VIOLATION CONTINUES IS A SEPARATE OFFENSE. 17 18 SECTION 2. AND BE IT FURTHER ENACTED BY THE COUNCIL OF THE 19 CITY OF ABERDEEN that if any section, subsection, provision, sentence, clause, phrase or 20 word of this Ordinance is for any reason held to be illegal or otherwise invalid by any court of 21 competent jurisdiction, such invalidity shall be severable, and shall not affect or impair any 22 remaining section, subsection, provision, sentence, clause, phrase or word included within this 23 Ordinance, it being the intent of the City that the remainder of the Ordinance shall be and shall 24 remain in full force and effect, valid and enforceable. 25

26 SECTION 3. AND BE IT FURTHER ENACTED BY THE COUNCIL OF THE 27

CITY OF ABERDEEN that this Ordinance shall become effective at the expiration of twenty 28 (20) calendar days following adoption. 29 30 ADOPTED this __ day of ____________, 2019. 31

32

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Ordinance No. 19-O-05 Wireless Telecommunications Facilities in Public Rights-Of-Way Page 20 of 20

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COUNCIL OF THE CITY OF ABERDEEN 1 2 3

4 _____________________________________ 5

Patrick L. McGrady, Mayor 6 7 8 9

______________________________________ 10 Steven E. Goodin, Councilman 11 12 13 14 _____________________________________ 15 Sandra J. Landbeck, Councilwoman 16 17 18 19 ______________________________________ 20 Timothy W. Lindecamp, Councilman 21 22 23 24 ______________________________________ 25 Melvin T. Taylor, Councilman 26

27 28 ATTEST: SEAL: 29 30 31 _______________________________________ 32 Monica A. Correll, CMC, City Clerk 33 34 35 Date __________________________________ 36

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Page 60: CITY OF ABERDEEN CITY COUNCIL MEETING …...CITY OF ABERDEEN CITY COUNCIL MEETING AGENDA 60 N. Parke Street Aberdeen, Maryland 21001 May 6, 2019, 7:00 PM A. CALL TO ORDER B. ROLL CALL

COUNCIL OF THE CITY OF ABERDEEN Ordinance No. 19-O-06

Date Introduced: April 8, 2019 Sponsored By: Councilwoman Sandra Landbeck and Councilman Timothy Lindecamp Public Hearing: April 22, 2019 Amendments Adopted: Date Adopted: Date Effective: AN ORDINANCE concerning

DEVELOPMENT CODE REVISION 1 2 FOR the purpose of amending the City of Aberdeen Development Code to alter certain 3

provisions relating to establishments that manufacture certain types of alcoholic 4 beverages. 5

6 BY repealing and reenacting, with amendments 7

Code of the City of Aberdeen (2010 Edition as amended) 8 Chapter 235. Development Code 9 Article I. General Provisions 10 Section 235.7. Definitions 11 12 BY adding 13 Chapter 235. Development Code 14 Appendix A, Table of Use Regulations 15 Code of the City of Aberdeen (2010 Edition as amended) 16 17 SECTION 1. BE IT ENACTED BY THE COUNCIL OF THE CITY OF 18 ABERDEEN that Chapter 235. Development Code, Article I, General Provisions, Section 19 235.7. Definitions, Code of the City of Aberdeen (2010 Edition as amended), is repealed and 20 reenacted, with amendments, to read as follows: 21 22

Chapter 235. DEVELOPMENT CODE 23 24

Article I. General Provisions 25 26 § 235-7 Definitions. 27 28 Unless otherwise expressly stated, the following terms shall, for the purpose of this chapter, have 29 the meaning herein indicated. Where this chapter refers to Transit Oriented Development 30

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Ordinance No. 19-O-06, Development Code Revision (Brewery, Microbrewery, Distillery, and Winery) Page 2 of 4 Illustrations, Maps and Regulating Plan, those illustrations, maps and regulating plan are set 1 forth in § 235-42 and incorporated by reference. 2 3

*** 4 5 BODY PIERCING SERVICE 6 A skin-penetrating adornment procedure which involves piercing or entering the skin or 7 mucus membrane of an individual for the purpose of inserting jewelry or other forms of body 8 decoration. Body piercing includes skin-penetrating body procedures but does not include 9 piercing of an earlobe. 10 11 BREWERY, MICROBREWERY, DISTILLERY, AND WINERY 12 A FACILITY USED TO PRODUCE BEER, HARD CIDER, WINE, AND OTHER 13 ALCOHOLIC BEVERAGES WHERE SUCH BEVERAGES ARE BREWED, FERMENTED, 14 OR DISTILLED FOR CONSUMPTION ON SITE, SALE AS PACKAGED GOODS OR 15 DISTRIBUTION WHOLESALE AND WHICH POSSESSES THE APPROPRIATE LICENSE 16 FROM THE STATE OF MARYLAND AND HAS RECEIVED APPROVAL FROM THE 17 HARFORD COUNTY LIQUOR CONTROL BOARD. 18 19

*** 20 ((MICROBREWERY 21 A facility in which beer is brewed for distribution and consumption, and which possesses 22 the appropriate Class 7 license from the State of Maryland. Tasting rooms for the consumption 23 of on-site produced beer are permitted on the premises.)) 24 25

*** 26 27

SECTION 2. BE IT ENACTED BY THE COUNCIL OF THE CITY OF 28 ABERDEEN that Chapter 235. Development Code, Appendix A, Table of Use Regulations, 29 Code of the City of Aberdeen (2010 Edition as amended), is repealed and reenacted, with 30 amendments, to read as follows: 31

32 Chapter 235. DEVELOPMENT CODE 33

Appendix A 34 Table of Use Regulations 35

Key to Table: 36 P Permitted Use 37 SE Use subject to special exception from the Board of Appeals 38 -- Not Permitted 39 2nd floor Permitted on second floor and above 40 T-5 Only permitted in TOD-C 41 SFD Single-family dwelling 42

43

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Ordinance No. 19-O-06, Development Code Revision (Brewery, Microbrewery, Distillery, and Winery) Page 3 of 4

1 Zoning District

Use R-1 R-2 R-3 B-1 B-2 B-3 M-1 M-2 IBD TOD Commercial BREWERY, MICROBREWERY, DISTILLERY, AND WINERY

-- -- -- -- P P P -- P P

* * * ((Microbreweries -- -- -- P P P -- -- -- P))

2 *** 3

4 SECTION 3. AND BE IT FURTHER ENACTED BY THE COUNCIL OF THE 5

CITY OF ABERDEEN that this Ordinance shall become effective at the expiration of twenty 6 (20) calendar days following adoption. 7

8

EXPLANATION: CAPS INDICATES MATTER ADDED TO EXISTING LAW ((Double Parenthesis)) indicate matter deleted from existing law. Underlining indicates amendments to bill. Strike-Out indicates matter stricken from bill by amendment or deleted from the law by amendment. * * * indicates existing unmodified text omitted from Ordinance

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Ordinance No. 19-O-06, Development Code Revision (Brewery, Microbrewery, Distillery, and Winery) Page 4 of 4

COUNCIL OF THE CITY OF ABERDEEN _____________________________________ Patrick L. McGrady, Mayor ______________________________________ Steven E. Goodin, Councilman ______________________________________ Sandra J. Landbeck, Councilwoman ______________________________________ Timothy W. Lindecamp, Councilman ______________________________________ Melvin T. Taylor, Councilman

ATTEST: SEAL:

_________________________________ Monica A. Correll, City Clerk Date ____________________________

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Page 64: CITY OF ABERDEEN CITY COUNCIL MEETING …...CITY OF ABERDEEN CITY COUNCIL MEETING AGENDA 60 N. Parke Street Aberdeen, Maryland 21001 May 6, 2019, 7:00 PM A. CALL TO ORDER B. ROLL CALL

APD Vehicles to Auction 04/30/2019

Unit #204 – 2007 Ford Crown Victoria (White) - 2FAFP71WX7X105096 – 99,125

Unit #210 – 2010 Ford Crown Victoria (White) - 2FABP7BV6AX105852 – 99,280

Unit #213 – 2007 Ford Crown Victoria (White) - 2FAFP71W17X105097 – 116,731

Unit #214 – 2010 Ford Crown Victoria (White) - 2FABP7BVAX105851 – 108,550

Unit #228 – 2008 Ford Crown Victoria (Black) - 2FAHP71V09X102579 – 92,584

Unit #234 – 2007 Ford Crown Victoria (Grey) - 2FAFP71W47X162023 – 91,873

Unit #245 – 2012 Ford Explorer (Black) – 1FMHK8B87CGA28402 – 95,320

Unit #253 – 2006 Ford Crown Victoria (White) - 2FAFP71WX7X105101 – 112,017

Unit #255 – 2010 Ford Crown Victoria (White) - 2FABP7BVXAX105854 – 162,118

64