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Wireless Tower Construction and Co-location

Frequently Asked Questions

Building - Permits - Zoning

Technological

Legal

Building - Permits - Zoning

Q. Does the structural analysis need to be stamped or certified to by a Maryland Physical Engineer?

A. Yes, provide a stamped structural analysis from a certified Maryland Physical Engineer regarding any changes your request may make upon the structure. Please provide this with your completed submission. Electronic Services will examine all requests to determine if it reduces the capacity of the structure to where additional carriers could not be accommodated or county communications are impacted.

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Q. Are there any sites that assist in finding the name of corporations, certificates of good standing, or real property records?

A. Yes, the Maryland Department of Assessments and Taxation (MDAT). Print official Certificates of Status, find the requirements for registering a business entity as a corporation and limited partnership, LLC. Review registration forms; search UCC security interest filings and record search and trade names. Business records are searchable by name, trade name and department ID number. Real property records with ownership and value information are also searchable by county and address, property ID, map reference or property sale. Lastly, MDAT provides real property tax forms and information.

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Q. Are there any other sites that may assist with real property records?

A. Yes, the requesting party may apply for and obtain a password for www.mdlandrec.net. Baltimore County neither represents or warrants the accuracy of information provided or guarantees that a password may be provided by the State of Maryland.

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Technological

Q. Will a radio frequency analysis be required?

A. The Baltimore County Office of Technology, Electronic Services may also require a signed and dated radio frequency (RF) analysis done by a Maryland certified engineer showing that the RF emissions proposed by the lessee or licensee will not interfere with existing RF emissions at the site. Provide this information with your lease or license proposal submission as well as any necessary documentation.

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Legal

Q. Is an ACCORD insurance form permissible?

A. No, Baltimore County will only accept insurance certificates that list the County as an additional insured and certificate holder on the Baltimore County standard insurance form.

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Q. Does the County have a standard lease term?

A. No, lease or license terms must be negotiated with Baltimore County and will be determined in the County’s sole and exclusive business judgment based upon the site.

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Q. What kind of organizational documentation will be required?

A.  Lease or License Proposals, Modifications and Additions submitted by a Partnership must include a copy of the Partnership Agreement and duly certified evidence that the partner is authorized to sign on behalf of and legally bind the Partnership and indemnify the County.

Lease or License Proposals, Modifications and Additions submitted by a Corporation must include a copy of the Articles of corporation, By-Laws and a copy of the Board Resolution, duly certified by the Corporate Secretary, evidencing the authority of the officer so signing on behalf of the corporation to both contract with and indemnify the County.

Lease or License Proposals, Modifications and Additions submitted by a Limited Liability Company must include a copy of the Operating Agreement and Articles of Organization, duly certified by the Corporate Secretary, evidencing the authority of the officer so signing on behalf of the company to both contract with and indemnify the County.

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Q. Who should sign the agreement concerning a new lease or license, modification, addition or request for renewal?

A. Lease or License Proposals, Modifications and Additions submitted by a Partnership must be signed by the partner who is the legally authorized authority to bind the partnership.

Lease or License Proposals, Modifications and Additions submitted by a Limited Liability Company must be signed by a legally authorized officer of the corporation and attested to by the Corporate Secretary.

Lease or License Proposals, Modifications and Additions submitted by a Corporation must be signed by a legally authorized officer of the corporation and attested to by the Corporate Secretary.

Note: The Lessee or Licensee may file with the County a list of the names of those officers, partners or members, as applicable, having legal authority to execute documents on behalf of and legally bind the Lessee or Licensee, duly certified, as applicable and legally required, together with the aforesaid corporate documents, which shall remain in full force and effect until such time as the County is advised in writing by certified mail to the contrary.

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Q. Can the County provide information as to the height of the tower or the equipment on site?

A. No, a requesting party must submit a request for a right of entry or entry and testing agreement to the Baltimore County Office of Law, 400 Washington Avenue, Towson, Maryland, 21204.  All requests for a right of entry or entry and testing agreement must be accompanied by organizational documents, proof of signing authority and insurance.

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Q. Will other documentation be required?

A. Yes, additional information may be requested as required documentation at the sole discretion Baltimore County.

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Q. Will a Memorandum of Lease be required?

A. Yes, if the lease or license extends for a period of over seven years with or without renewals, Lessee’s shall be required to execute and record a Memorandum of Lease or License within the Land Records and to pay such taxes as are due to the State and the County.

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Q. Will advertisement be required?

A. Yes, per the Baltimore County Code, once a new lease or license has been agreed to by the County, it must be advertised in a paper of general circulation for a period of three weeks at the expense of the Lessee or Licensee. Final approval shall be subject to a public hearing should protest of such lease or license be registered with the County.

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Q. Will bonds be required?

A. Lessee or licensee's may be required to issue such payment, construction or performance bonds as may be necessary in the determination of the Baltimore County Agency or Department entering into the lease or license.

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Page Last Reviewed
: December 27, 2011
URL: http://www.baltimorecountymd.gov/Agencies/infotech/celltower/towerfaqs.html
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