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File #: HCC-112-FY23    Version: 1 Name:
Type: Discussion Item Status: Agenda Ready
File created: 10/25/2022 In control: City Council
On agenda: 11/7/2022 Final action:
Title: Hyattsville Ordinance 2022-06: 5G Permits
Sponsors: City Administrator
Indexes: Ordinance
Attachments: 1. Final Memo - 5G Draft Ordinance, 2. 221026 - Ordinance amending Chapter 105 - small cell - Council Draft, 3. 221026 - Small cell regulations and application - Council draft
Date Ver.Action ByActionResultAction DetailsMeeting DetailsVideo
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Submitted by: Lesley Riddle
Submitting Department: Public Works
Agenda Section: Discussion

Item Title:
title
Hyattsville Ordinance 2022-06: 5G Permits
end

Suggested Action:
recommendation
Discussion Only
end

Summary Background:
With the introduction of new global wireless internet service several years ago, local municipalities began to research the impact of the new communications hardware being deployed on existing infrastructure. In January 2019, the City enacted Emergency Ordinance 2019-01 regulating the installation and construction of wireless facilities and supporting structures in order to address the growing concerns from residents and staff. Two years ago, the City Council approved a contract with our current engineering firm, JMT, to assist City staff with researching and creating a more reasonable ordinance that considers the benefits and challenges with 5G installations within the public right of way.

City staff working with JMT reviewed several existing ordinances of local municipalities with up-to-date regulations related to 5G installations. A draft ordinance was crafted and reviewed by the City Attorney for legal sufficiency. The draft ordinance addresses residents' concerns while considering unnecessary regulations that would unfairly affect the communications industry and their capacity to upgrade our existing systems. The City's existing regulations do not sufficiently address our permit process for right of way (ROW) access to and for 5G installations and does not include the impact of radio frequency or electromagnetic waves on the greater environment.

Next Steps:
Pending Council discussion, the item will come back for a first reading on November 21, with adoption tentatively scheduled for December 5. The ordinance will be effective 20 days post adoption.

Fiscal Impact:
Permit fees will increase city revenue.

City Administrator Comments:
The Director of Public Works will provide a presentation on the key points and changes pri...

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