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02.42A.07.11 Legal Challenge
11.1 If an applicant or recipient is aggrieved by a final decision of the Department in an administrative review hearing, that applicant, or recipient, may file an original compliant in the Circuit Court for Montgomery County, Maryland.
02.42A.07.12 Effective Date
12.1 This regulation takes effect immediately upon the adoption of a resolution of approval by the County Council.
(Administrative History: Reg. No. 7-17 (Method 2); Orig. Dept.: Health and Human Services; Supersedes: Reg. No. 20-12, which superseded Reg. No. 17-06AM)
SEC. 2-58E TELECOMMUNICATIONS FACILITY COORDINATION — REGULATIONS
02.58E.01.01 Authority.
This Executive Regulation is authorized by Montgomery County Code 1994, as amended, Section 2-58E, "Telecommunications facility coordination" and applies to all telecommunications transmission facilities (TTFs) as defined herein.
02.58E.01.02 Administration.
a. Delegation of Authority. Code Section 2-58E directs the Director of the Department of Technology Services to establish a procedure for the review of siting and modification applications. In furtherance of that procedure, the Director must maintain a record of the location of all TTFs within the County and ensure the appropriate and efficient placement of the facilities.
b. Submission of Applications. All applications pertaining to the siting or modification of a telecommunications transmission facility by certain government agencies and private parties must be coordinated by this procedure.
c. Application Review Period. All applications must be reviewed in an efficient and timely manner, with the objective of final disposition occurring within 60 days after the date a complete application has been submitted to the Tower Coordinator. The applicant must be advised of the reason for any delay beyond this period.
d. Meetings. All required meetings must be scheduled so as to meet the 60-day time frame goal for completing the review of an application.
e. Reporting. As appropriate, the Director must report to the County Executive and the Council regarding matters pertaining to this procedure.
f. Database Administration. As part of the coordination process, a database must be maintained for all telecommunications transmission facilities located in the County, including any that the Director knows are proposed to be located in the County.
g. Fee. Applicants must pay the following fees:
Charge Categories
1) Annual fee - Fee to be paid when the annual plan is submitted. The annual fee is charged for updating and maintaining the database, oversight, and the review of the annual plan.
2) Minor Modification - The application fee for any of the following minor modifications that require a building permit:
i. a modification of existing antennas at a single site; or
ii. the addition of antennas at a single existing site; or
iii. a change or addition of equipment at a single existing site.
3) Multiple Modifications - The application fee for any of the following multiple modifications that require a building permit:
i. a modification of antennas at two or more sites; or
ii. the addition of antennas at two or more existing sites; or
iii. a change or addition of equipment at two or more existing sites.
4) Co-location on existing structure - The application fee for the use of an existing structure to support new antennas permitted by right under the zoning ordinance.
5) New support structure, permitted use - The application fee for the construction of a new antenna support structure that is permitted by right under the zoning ordinance.
6) New support structure, special exception or mandatory referral - The application fee for the construction of a new antenna support structure that must be authorized as a special exception or reviewed by the Maryland-National Capital Park and Planning Commission.
All fees must be submitted to the Office of Cable Communications, 100 Maryland Ave., Suite #250, Rockville, MD 20850, prior to submitting the application or annual plans.
02.58E.01.03 Definitions.
The words or phrases described below have the following meanings as used in this Regulation:
a. Land-owning Agency. Land-owning Agency means any government agency which owns or controls any land on which a telecommunications transmission facility is located or proposed to be located.
b. Land Use Agency. Land Use Agency means the Planning Board, the County Board of Appeals, the Department of Permitting Services and any other public agency or body with jurisdiction over the siting of any telecommunications transmission facility, including any municipal land use agency or body.
c. Telecommunications Transmission Facility. Telecommunications Transmission Facility means any antenna, tower, monopole, or other structure used primarily to receive or transmit wireless voice, data, or image information (or any combination of them).
d. Telecommunications Transmission Facility Coordinating Group. The TTFCG is that body convened by the Director as prescribed in Section 2-58E(d) of the Montgomery County Code 1994, as amended, to review, comment and facilitate communications between member agencies on telecommunications transmission facility policy and siting issues.
e. Tower Coordinator. The Tower Coordinator is the Director's designee or contractor who administers Section 2-58E of the Montgomery County Code.
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