Ocean City Looks To Amend Code To Regulate Cell Towers

OCEAN CITY — Resort planners this week began exploring code changes and ordinance amendments aimed at restricting the proliferation of cell phone towers throughout Ocean City.

Back in 2015, private sector company Crown Castle announced a proposal to install as many as 90 Distributed Antenna Systems (DAS), essentially cell phone towers, at locations throughout Ocean City including many of the resort’s residential neighborhoods. The towers would range from about 18 feet to as high as 38 feet and are needed to expand bandwidth and improve Internet accessibility in the densely populated resort, particularly in the summer.

After learning of the plan to install as many as 90 of the cell towers throughout Ocean City, resort officials opposed the installation of any stand-alone DAS systems in residential neighborhoods, citing aesthetics and property value issues, for example. However, Crown Castle has secured a public utility designation for the towers from the Maryland Public Service Commission (PSC) that allows them to be installed, but also permits local jurisdictions to regulate where they can go and how tall they can be, for example.

Because such regulations would fall under the zoning code, any amendments or ordinances would likely fall under the purview of the resort’s Planning Commission. To that end, City Engineer Terry McGean and Planning and Community Development Director Bill Neville this week briefed the planning commission on a variety of ways the code could be amended to carefully direct the proliferation of the cell towers.

Crown Castle’s initial plan was to install the majority of the DAS systems, or cell towers, on existing structures throughout the resort including Delmarva Power utility poles, for example.

“Their initial proposal was for 75 to 80 installations, most of which would be on existing Delmarva Power poles and some on existing light poles,” McGean told the Planning Commission on Tuesday. “A couple were planned for stand-alone places in residential neighborhoods and we told them that would be a problem.”

However, Crown Castle returned last spring with a revised plan that greatly differed from what was first proposed with the majority of the DAS systems on stand-alone poles throughout the resort, many of which would be located in residential neighborhoods.

“When they came back, the proposal included 90 installations, 90 percent of which would be on stand-alone poles,” said McGean. “They said the reason for the change was when they went to Delmarva Power they learned they would have to replace the existing poles with new poles. So, now they’re proposing 90 installations on stand-alone poles with about 30 of them in residential neighborhoods. We continue to tell them we are not going to allow the stand-alone poles in residential neighborhoods.”

McGean said the town’s leverage changed somewhat when the PSC designated the DAS systems as non-essential public utilities.

“They got designated as a public utility in Maryland,” he said. “That allows them to do it, but it still allows us to regulate them.”

Regulating the location and the height of the towers will likely require one or several ordinance amendments and code changes, which is why the planning commission this week began exploring the alternatives. Ultimately, the Mayor and Council would have to approve any code changes.

“Essentially, we’re trying to regulate this,” said McGean. “We are telling them we’re not going to give you a signed agreement unless you comply with this ordinance.”

McGean said while the towers are necessary to provide the bandwidth and Internet access for residents and visitors, there could be creative ways to disguise them and minimize the impact.

“There are ways to put them in, but in a much more pleasing way,” he said. “Instead of 10 small towers in Montego Bay, for example, how about a cluster on a light pole at Northside Park? It will probably be a community-by-community thing. We’re trying to respect the neighborhoods.”

McGean said Crown Castle is already moving forward with the installation of the DAS systems on existing utility poles where possible. He said the cell towers could be a necessary evil to ensure thousands of residents and visitors on the beach or Boardwalk in the summer can utilize their phones and other wireless devices.

“They’re starting on existing poles now,” he said. “They’re trying to get them in before the summer season. The main client, Verizon, has said if they don’t get the new towers, their system will crash. This is something that needs to be done, but in a respectful way.”

That “respectful way” includes affording some protections to the residential areas, according to Zoning Administrator Blaine Smith.

“We do need to protect the residential neighborhoods,” he said. “The way technology has evolved, we should be able to comply with the Public Utility Act while still getting some protections.”

About The Author: Shawn Soper

Alternative Text

Shawn Soper has been with The Dispatch since 2000. He began as a staff writer covering various local government beats and general stories. His current positions include managing editor and sports editor. Growing up in Baltimore before moving to Ocean City full time three decades ago, Soper graduated from Loch Raven High School in 1981 and from Towson University in 1985 with degrees in mass communications with a journalism concentration and history.