§ 5A-156. Telecommunications transmission facility applications.  


Latest version.
  • (a)

    Every applicant for a building permit or other permit for the erection of a telecommunications transmission facility shall submit to the Telecommunications Transmission Facility Coordinator a telecommunications transmission facility location plan or an amendment to an existing plan. The plan shall clearly identify the location of every existing telecommunications transmission facility and the proposed location of each facility to be constructed or located in accordance with the permit application.

    (b)

    Every applicant for a building permit or other permit for the erection of a telecommunications transmission facility shall submit to the Telecommunications Transmission Facility Coordinator a statement regarding whether the telecommunications transmission facility is proposed for location on an existing structure. If the application includes the construction or erection of a new supporting structure for the facility, the applicant shall provide a detailed statement describing the applicant's efforts to locate the proposed telecommunications transmission facility on an existing structure; a description of any potential alternate locations for the telecommunications transmission facility not requiring such construction or erection; and a brief explanation of the reasons why such sites were not selected.

    (c)

    The Telecommunications Transmission Facility Coordinator shall not disclose to any person any information in the plan which qualifies as confidential information under the Maryland Public Information Act.

    (d)

    Nothing in this provision shall exempt an applicant from any applicable zoning requirements or other requirements of law.

    (e)

    At least 30 days prior to the acceptance by the Telecommunications Transmission Facility Coordinating Committee of an application for a Telecommunications Transmission Facility for a new monopole, tower or pole for the support of an antenna (electronic, radio, television, transmitting, or receiving) every applicant shall send an informational mailing to all adjoining property owners, including owners whose property lie directly across a street, alley, or stream and to every municipality located within one mile of the new facility, to the County Council member of the District where the new facility is proposed and to all civic associations registered with the Maryland-National Capital Park and Planning Commission located within one mile of the new monopole, tower or pole for the support of an antenna. The parties will be notified by the informational mailing that they may request a briefing within 30 days of the mailing. An application that proposes to increase the height of an existing tower, monopole or pole is included as one that requires notification required in this Section.

    (f)

    Every applicant and the TTFCC Chair or Chair's designee shall meet and brief the above mentioned parties if requested by these parties within 30 days of the date of sending the informational mailing. The requested meeting and briefing must occur prior to the recommendation of the new facility by the Telecommunications Transmission Facility Coordinating Committee.

    (g)

    All applications shall be reviewed in an efficient and timely manner, with a goal of making a TTFCC recommendation within 60 days after a complete application is submitted to the Telecommunications Transmission Facility Coordinator.

    (h)

    Applications for Minor Modifications and COWs may be administratively reviewed and recommended by the TTFCC Chair or designee on behalf of the TTFCC without prior review by the TTFCC members.

    (i)

    The recommendation for an application by the TTFCC or TTFCC Chair will remain valid for one year from the date of the TTFCC's disposition. If a building permit application has not been made within that time the TTFCC's recommendation is no longer valid and a new application must be submitted for review by the TTFCC. All previous applications for which a TTFCC recommendation has been issued which have not been permitted within one year of the effective date of enactment of this bill will no longer be valid.

(CB-98-1998; CB-34-2007; CB-67-2008)