HomeMy WebLinkAboutOrdinances (ORDINANCE O-17-2023)-08/15/2017 ORDINANCE 0-17-2023
AN ORDINANCE ADOPTING THE CITY OF COLLEYVILLE DESIGN
MANUAL FOR THE INSTALLATION OF NODES AND NODE SUPPORT
POLES IN THE CITY RIGHTS-OF-WAY, PURSUANT TO TEXAS LOCAL
GOVERNMENT CODE CHAPTER 284; AND DESIGNATING DESIGN
DISTRICS FOR THE INSTALLATION OF NODES AND NODES SUPPORT
POLES, TO BE DESIGNATED THEREIN; PROVIDING A REPEALING
CLAUSE; PROVIDING A SEVERABILIITY CLAUSE; AND PROVIDING AN
EFFECTIVE DATE
WHEREAS, Chapter 284 of the Local Government Code, effective September
1, 2017, provides a regulatory framework governing the
installation of Nodes and Node Support Poles in the City's Right-
of-Way; and
WHEREAS, pursuant to Chapter 284, Network Providers installing wireless
equipment in the City's Right-of-Way must comply with the
Design Manual adopted by the City for that purpose; and
WHEREAS, Chapter 284 authorizes the City to designate Design Districts
and Historic Districts, wherein heightened aesthetic
requirements may be applied to such equipment; and
WHEREAS, the City of Colleyville has determined that certain areas of the
city which should be designated as design districts, for purposes
of Chapter 284, in order to preserve the character and aesthetic
qualities of these areas;
WHEREAS, the City Council, in the exercise of its legislative discretion, has
concluded that the attached Design Manual should be
approved;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF COLLEYVILLE, TEXAS, THAT:
Sec. 1. THAT the following areas of the City of Colleyville are hereby
designated as Historic Districts and Design Districts for the
installation of network nodes and node support poles, pursuant
to Chapter 284 of the Local Government Code:
1. Tax Increment Finance Districts #1 and #1A
2. Precinct Line Road within the City limits
3. The Bidault House and property located at 1416 Glade Road
Ordinance 0-17-2023
Page 2 of 3
Sec. 2. THAT the Colleyville Design Manual for the Installation of
Network Nodes and Node Support Poles, attached hereto as
Exhibit "A", is hereby adopted. All Network Providers seeking to
install wireless equipment in the right-of-way of the City of
Colleyville pursuant to Chapter 284 of the Local Government
Code must comply with this Design Manual.
Sec. 3. THAT all provisions of the ordinances of the City of Colleyville
in conflict with the provisions of this Ordinance be, and the
same are hereby, repealed, and all other provisions of the
ordinances of the City of Colleyville not in conflict with the
provisions of this Ordinance shall remain in full force and effect.
Sec. 4. THAT if any section, paragraph, subdivision, clause, phrase or
provision of this Ordinance shall be judged to be invalid or
unconstitutional by a court of competent jurisdiction, the same
shall not affect the validity of this Ordinance as a whole or any
portion thereof other than the portion so decided to be invalid
or unconstitutional.
Sec. 5. THAT this Ordinance shall take effect immediately from and
after its passage and the publication of the caption, as the law
and charter in such case provide.
AND IT IS SO ORDERED.
The first reading and public hearing being conducted on the 1st day of August
2017.
The second reading and public hearing being conducted on the 15th day of
August 2017. //--
PASSED AND APPROVED BY A VOTE OF l0 AYES, 0 NAYS, AND 0
ABSTENTIONS ON THIS THE 15TH DAY OF AUGUST 2017.
Mayor Richard Newton Oyu Mayor Pro Tern Bobby Lindamood C
Place 1, Tammy Nakamura Glc. Place 3, Kathy Wheat
Place 4, George Dodson a° Place 5, Nancy Coplen
Place 6, Mike Taylor (
Ordinance 0-17-2023
Page 3 of 3
ATTEST: CITY OF COLLEYVILLE
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TRMC Richard Newton
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City Secretary Mayor
APPROVED AS TO FORM AND LEGALITY:
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Whitt L. Wyatt
City Attorney
GY O �
COLLEYVILLE
TEXAS
Design Manual
for the
Installation of Network Nodes and Node Support Poles
pursuant to Tex. Loc. Gov. Code, Chapter 284.
1
Table of Contents
SECTION 1. PURPOSE AND APPLICABILITY. 3
SECTION 2.DEFINITIONS 3
SECTION 3.PROHIBITED AND PREFERRED LOCATIONS OF MICRO NETWORK NODE, NETWORK
NODE, NODE SUPPORT POLE AND RELATED GROUND EQUIPMENT. 8
SECTION 4. GUIDELINES ON PLACEMENT. 11
SECTION 5.GENERAL AESTHETIC REQUIREMENTS 15
SECTION 6. ELECTRICAL SUPPLY 16
SECTION 7. INSURANCE, INDEMNITY, BONDING AND SECURITY DEPOSITS. 16
SECTION 8. REQUIREMENTS IN REGARD TO REMOVAL, REPLACEMENT, REPLACEMENT,
MAINTENANCE AND REPAIR 16
SECTION 9. INSTALLATION AND INSPECTIONS 18
SECTION 10. REQUIREMENTS UPON ABANDONMENT OF OBSOLETE MICRO NETWORK NODE,
NETWORK NODE, NODE SUPPORT POLE AND RELATED GROUND EQUIPMENT. 19
SECTION 11. GENERAL PROVISIONS. 19
SECTION 12. ADMINISTRATIVE HEARING - REQUEST FOR EXEMPTION 21
SECTION 13-19 RESERVED 21
SECTION 20. DESIGN MANUAL - UPDATES 21
2
SECTION 1. PURPOSE AND APPLICABILITY.
The City of Colleyville("City")recognizes that the State of Texas has delegated to the City
the fiduciary duty,as a trustee,to manage the public right-of-way for the health,safety,and welfare
of the public to Texas municipalities.
Purpose: Loc.Gov.Code,Chapter 284 allows certain wireless Network Providers to install
in the public rights-of-way their wireless facilities,described and defined in Tex. Loc. Gov. Code,
Chapter 284, Sec. 284.002 as "Micro Network Nodes", "Network Nodes", and "Node Support
Poles".
As expressly allowed by Tex. Loc. Gov. Code, Chapter 284, Section 284.108, and
pursuant to its police power authority reserved in Sec. 284.3011, the City enacts these Design
Guidelines in order to meet its fiduciary duty to the citizens of the City,and to give assistance and
guidance to wireless telecommunications providers to assist such companies in the timely,
efficient, safe and aesthetically pleasing installation of technologically competitive equipment.
Applicability: This Design Manual is for siting and criteria for the installation Wireless
Facilities, including Micro Network Nodes, Network Nodes, Node Support Poles and related
ground equipment being installed pursuant to Loc. Gov. Code, Chapter 284
This Design Manual shall apply to any sitings, installations, collocations in, on, over or
under the public rights-of-way of Network nodes, Node support poles, Micro network nodes,
Distributed Antenna Systems, microwave communications or other Wireless Facilities, by
whatever nomenclature, whether they are installed pursuant to Chapter 284, or installed pursuant
to an agreement as agreed to and consented to by the City in its discretion, or installed as may
otherwise be allowed by state law.
City Rights-of-Way Management Ordinance: A Network Provider shall comply with the
City's Rights-of-Way Management Ordinance except where in conflict with this Design Manual
or Chapter 284, Subchapter C.
SECTION 2. DEFINITIONS.
The definitions as used in Tx. Loc. Gov. Code, Chapter 284, Sec. 284.002 shall be used in this
Design Manual, unless otherwise noted in this Section 2,below.2
Abandon and its derivatives means the facilities installed in the right-of-way(including by way
of example but not limited to: poles, wires, conduit, manholes, handholes, cuts, network nodes
and node support poles, or portion thereof)that have been left by Provider in an unused or non-
functioning condition for more than 120 consecutive calendar days unless, after notice to
Provider, Provider has established to the reasonable satisfaction of the City that the applicable
facilities, or portion thereof, is still in active use.
3
Antenna means communications equipment that transmits or receives electromagnetic radio
frequency signals used in the provision of wireless services.
Applicable codes means:
(A) uniform building, fire, electrical,plumbing, or mechanical codes adopted by a
recognized national code organization; and
(B) local amendments to those codes to the extent not inconsistent with Chapter 284.
City means the City of Colleyville, Texas or its lawful successor.
City Manager shall mean City Manager or designee
Chapter 284 means Tex. Loc. Gov. Code, Chapter 284.
Collocate and collocation mean the installation, mounting, maintenance, modification, operation,
or replacement of network nodes in a public right-of-way on or adjacent to a pole.
Concealment or Camouflaged means any Wireless Facility or Pole that is covered, blended,
painted, disguised, camouflaged or otherwise concealed such that the Wireless Facility blends
into the surrounding environment and is visually unobtrusive as allowed as a condition for City
advance approval under Chapter 284, Sec. 284.105 in Historic or Design Districts. A Concealed
or Camouflaged Wireless Facility or Pole also includes any Wireless Facility or Pole conforming
to the surrounding area in which the Wireless Facility or Pole is located and may include, but is
not limited to hidden beneath a façade, blended with surrounding area design, painted to match
the supporting area, or disguised with artificial tree branches.
Decorative pole means a streetlight pole specially designed and placed for aesthetic purposes and
on which no appurtenances or attachments, other than specially designed informational or
directional signage or temporary holiday or special event attachments, have been placed or are
permitted to be placed according to nondiscriminatory municipal codes.
Design District means an area that is zoned, or otherwise designated by municipal code, and for
which the city maintains and enforces unique design and aesthetic standards on a uniform and
nondiscriminatory basis.
Disaster emergency or disaster or emergency means an imminent, impending, or actual natural
or humanly induced situation wherein the health, safety, or welfare of the residents of the city
is threatened, and includes, but is not limited to any declaration of emergency by city state or
federal governmental authorities.
Distributed Antenna System or DAS shall be included as a type of"Network Node."
Easement means and shall include any public easement or other compatible use created by
dedication, or by other means, to the city for public utility purposes or any other purpose
whatsoever. "Easement" shall include a private easement used for the provision of utilities.
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Federal Communications Commission or FCC means the Federal Administrative Agency, or
lawful successor, authorized to oversee cable television and other multi-channel regulation on
a national level.
Highway right-of-way means right-of-way adjacent to a state or federal highway.
Historic district means an area that is zoned or otherwise designated as a historic district under
municipal, state, or federal law.
Law means common law or a federal, state, or local law, statute, code, rule, regulation, order, or
ordinance.
Local means within the geographical boundaries of the City.
Location means the City approved and lawfully permitted location for the Network Node.
Macro tower means a guyed or self-supported pole or monopole greater than the height
parameters prescribed by Chapter 284, Section 284.103 and that supports or is capable of
supporting antennas.
Mayor means the Mayor for the City.
Micro network node means a network node that is not larger in dimension than 24 inches in
length, 15 inches in width, and 12 inches in height, and that has an exterior antenna, if any, not
longer than 11 inches.
Municipal park means an area that is zoned or otherwise designated by municipal code as a
public park for the purpose of recreational activity.
Municipally owned utility pole means a utility pole owned or operated by a municipally owned
utility,as defined by Section 11.003, Utilities Code, and located in a public right-of-way.
MUTCD means Manual of Uniform Traffic Control Devices.
Network node means equipment at a fixed location that enables wireless communications
between user equipment and a communications network. The term:
(A) includes:
(i) equipment associated with wireless communications;
(ii) a radio transceiver, an antenna, a battery-only backup power supply, and
comparable equipment, regardless of technological configuration; and
(iii) coaxial or fiber-optic cable that is immediately adjacent to and directly
associated with a particular collocation; and
(B) does not include:
(i) an electric generator;
(ii) a pole; or
(iii) a macro tower.
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Network provider means:
(A) a wireless service provider; or
(B) a person that does not provide wireless services and that is not an electric utility but
builds or installs on behalf of a wireless service provider:
(i) network nodes; or
(ii) node support poles or any other structure that supports or is capable of
supporting a network node.
Node support pole means a pole installed by a network provider for the primary purpose of
supporting a network node.
Permit means a written authorization for the use of the public right-of-way or collocation on a
service pole required from a municipality before a network provider may perform an action or
initiate,continue, or complete a project over which the municipality has police power authority.
Pole means a service pole, municipally owned utility pole,node support pole, or utility pole.
Private easement means an easement or other real property right that is only for the benefit of the
grantor and grantee and their successors and assigns.
Provider has the same meaning as"Network Provider."
Public right-of-way means the area on, below, or above a public roadway, highway, street, public
sidewalk, alley, waterway, or utility easement in which the municipality has an interest. The
term does not include:
(A) a private easement; or
(B) the airwaves above a public right-of-way with regard to wireless
telecommunications.
Public right-of-way management ordinance means an ordinance that complies with Chapter 284,
Subchapter C.
Service pole means a pole, other than a municipally owned utility pole, owned or operated by a
municipality and located in a public right-of-way, including:
(A) a pole that supports traffic control functions;
(B) a structure for signage;
(C) a pole that supports lighting, other than a decorative pole; and
(D) a pole or similar structure owned or operated by a municipality and supporting only
network nodes.
Small cell shall be included as a type of"Network Node."
Street means only the paved portion of the right-of-way used for vehicular travel, being the area
between the inside of the curb to the inside of the opposite curb, or the area between the two
parallel edges of the paved roadway for vehicular travel where there is no curb. A "Street" is
generally part of, but smaller in width than the width of the entire right-of-way, while a right-of-
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way may include sidewalks and utility easements, a"Street" does not. A"street" does not include
the curb or the sidewalk, if either are present at the time of a permit application or if added later.
SWPPP shall mean Storm Water Pollution Prevention Plan.
TAS means Texas Accessibility Standards.
Traffic Signal means any device, whether manually, electrically, or mechanically operated by
which traffic is alternately directed to stop and to proceed.
Transport facility means each transmission path physically within a public right-of-way,
extending with a physical line from a network node directly to the network, for the purpose of
providing backhaul for network nodes.
Underground Requirement Area shall mean means an area where poles, overhead wires, and
associated overhead or above ground structures have been removed and buried or have been
approved for burial underground pursuant to municipal ordinances, zoning regulations, state law,
private deed restrictions, and other public or private restrictions, that prohibit installing
aboveground structures in a public right-of-way.
User means a person or organization which conducts a business over facilities occupying the
whole or a part of a public street or right-of-way, depending on the context.
Utility pole means a pole that provides:
(A) electric distribution with a voltage rating of not more than 34.5 kilovolts; or
(B) services of a telecommunications provider, as defined by Chapter 284, Section
51.002, Utilities Code.
Wireless service means any service, using licensed or unlicensed wireless spectrum, including
the use of Wi-Fi,whether at a fixed location or mobile, provided to the public using a network
node.
Wireless service provider means a person that provides wireless service to the public.
Wireless facilities mean "Micro Network Nodes," "Network Nodes," and "Node Support Poles"
as defined in Texas Local Government Code Chapter 284.
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SECTION 3. PROHIBITED AND PREFERRED LOCATIONS OF MICRO NETWORK
NODE,NETWORK NODE,NODE SUPPORT POLE AND RELATED GROUND
EQUIPMENT.
A. Prohibited or Restricted Areas for Certain Wireless facilities, except with
Separate City Agreement or Subject to Concealment Conditions.
1.Municipal Parks and Residential Areas. In accordance with Chapter 284, Sec.
284.104 (a), a Network Provider may not install a Node Support Pole in a public right-of-way
without the City's discretionary, nondiscriminatory, and written consent if the public right-of-
way is in a Municipal park or is adjacent to a street or thoroughfare that is:
(1) not more than 50 feet wide of paved street surface, being the area measured as the
shortest distance between the inside of the curb to the inside of the opposite curb, or the area
measured as the shortest distance between the two parallel edges of the paved roadway for
vehicular travel where there is no curb; and
(2) adjacent to single-family residential lots or other multifamily residences or
undeveloped land that is designated for residential use by zoning or deed restrictions.
1.1. In accordance with Chapter 284, Sec. 284.104 (b), a Network Provider installing a
Network Node or Node Support Pole in a public right-of-way described above shall comply with
private deed restrictions and other private restrictions in the area that apply to those facilities.
Each permit application shall disclose if it is within a Municipal Park and Residential
Areas as described above.
2.Historic District and Design Districts. In accordance with Chapter 284, Sec. 284.105,
a Network Provider must obtain advance written approval from the City before collocating
Network Nodes or installing Node Support Poles in a Design District with Decorative Poles or in
an area of the City zoned or otherwise designated as a Design District or Historic District.
2.1. As a condition for approval of Network Nodes or Node Support Poles in Design
Districts with Decorative Poles or in a Historic District,the City shall require reasonable design
or Concealment measures for the Network Nodes or Node Support Poles. Therefore, any request
for installations in a Design District with Decorative Poles or in a Historic District, must be
accompanied with proposed Concealment measures in the permit applications.
2.2. The City request that a Network Provider explore the feasibility of using Camouflage
measures to improve the aesthetics of the Network Nodes,Node Support Poles, or related ground
equipment, or any portion of the nodes, poles, or equipment,to minimize the impact to the
aesthetics in Design Districts or in an Historic District.
2.3.Network Provider shall comply with and observe all applicable City, State, and
federal historic preservation laws and requirements.
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2.4. Each permit application shall disclose if it is within a Design District with Decorative
Poles or in an area of the City zoned or otherwise designated as a Design District or Historic
District.
3.Historic Landmarks. A Network Provider is discouraged from installing a Network
Node or Node Support Pole within 300 feet of a historic site or structure or Historic Landmark
recognized by the City, state or federal government(see,for example, and not limited to
§442.001(3) of the Texas Government Code, and 16 U.S.C. §470), as of the date of the
submission of the permit. It is recommended that each permit application disclose if it is with
300 feet of such a structure.
4. Compliance with Undergrounding Requirements. In accordance with Chapter 284,
Sec. 284.107, a Network Provider shall comply with nondiscriminatory undergrounding
requirements, including municipal ordinances, zoning regulations, state law, private deed
restrictions, and other public or private restrictions,that prohibit installing aboveground
structures in a public right-of-way without first obtaining zoning or land use approval.
4.1 Areas may be designated from time to time by the City as Underground Requirement
Areas in accordance with filed plats, and or conversions of overhead to underground areas, as
may be allowed by law.
4.2 Each permit application shall disclose if it is within an area that has undergrounding
requirements.
B. Least preferable locations.
1. Residential Areas and Parks. A Network Provider is discouraged from installing a
Network Node on an existing pole in a public right-of-way without written consent from the City
Council if the public right-of-way is located in or adjacent to a street or thoroughfare that is
adjacent to a municipal park or single-family residential lots or other multifamily residences or
undeveloped land that is designated for residential use by zoning or deed restrictions.
1.1 In accordance with Chapter 284, Sec. 284.104 (b) a Network Provider installing a
Network Node or a Node Support Pole in a public right-of-way shall comply with private deed
restrictions and other private restrictions in the area that apply to those facilities.
2. Historic Districts and Design Districts. A Network Provider is discouraged from
installing a Network Node or a Node Support Pole in the public right-of-way in any area designated
by the City as a Design Districts or in an area of the City zoned or otherwise designated as a
Historic District unless such a Network Node or a new Node Support Pole is camouflaged.
C. Most preferable locations
1. Industrial areas if not adjacent to a Municipal Park, Residential area, Historic District
or Design District.
2. Highway Rights-of-Way areas if not adjacent to a Municipal Park, Residential area,
Historic District or Design District.
9
3. Retail and Commercial areas if not adjacent to a Municipal Park, Residential area,
Historic District or Design District.
D. Designated Areas.
1. The City Council may designate an area as a Historic District or a Design District
under Chapter 284.105 at any time.
2. Currently designated Historic Districts are:
(a) Historic District Number 1 is the area referred to as the Bidault House. Its
boundaries are: the property at 1416 Glade Road.
3. Currently designated Design District areas are:
(a) Design District Number 1 is the area referred to as Tax Increment Finance
Districts#1 and#1A. Its boundaries are: as shown on the City's official Tax Increment Finance
map.
(b) Design District Number 2 is the area referred to as Precinct Line Road. Its
boundaries are: the limits of Precinct Line Road within the city limits of the City of Colleyville.
4. The failure to designate an area in this Chapter shall not mean that such an area is not
within a defined district, if so designated by the City Council. Future areas may be designated as
one of these Districts at any time. Such a designation does not require a zoning case.
5. While not required under Chapter 284 to designate Underground Compliance Areas to
prohibit above ground Wireless facilities,the City may also, from time to time, also designate
Underground Compliance Areas.
Currently designated Underground Compliance Areas are:
(a) Underground Compliance Area Number 1 is the area referred to as
Its boundaries are:
E. Exceptions
The City by its discretionary consent and agreement may grant exception to the above
prohibited locations and sizes,but only in a non-exclusive, and non-discriminatory manner, as
allowed or required by Chapter 284, Sec. 284.109 and Sec. 284.110.
F. Order of Preference regarding Network Node attachment to existing facilities and
New Node Support Poles.
1. Existing telephone or electrical lines between existing utility poles. Micro Network
Nodes shall only be lashed on existing telephone or electrical lines between existing utility poles
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(electric poles or telephones poles), with notice to the pole owner as required by the Federal Pole
Attachment Act, and not placed on Utility Poles,Node Support Poles or Service Poles.
2. Existing Utility Poles (electric poles or telephones poles), shall be the preferred support
facility for Network Nodes and related ground equipment.
3. Municipal Service Poles:
a.Non-decorative street lights with a height of more than 20 feet.
b. Traffic signal structures when such installation will not interfere with the
integrity of the facility and will not interfere with the safety of public and in accordance
with an agreement as allowed by Chapter 284, Sec. 285.056 and Sec. 284.101 (a) (3), and
(b).
c. Street signage shall be a low priority use for attachment of a Network Node.
d. Other municipal Service pole use is discouraged.
4.New node support poles shall be the least preferred type of allowed facility for
attachment of Network Nodes.
5. Ground Equipment. Ground equipment should be minimal and the least intrusive.
SECTION 4. GUIDELINES ON PLACEMENT.
A. Generally.
In accordance with Chapter 284.102, a Network Provider shall construct and maintain
Network Nodes and Node Support Poles in a manner that does not:
1. obstruct, impede, or hinder the usual travel or public safety on a public right-of-
way;
2. obstruct the legal use of a public right-of-way by other utility providers;
3. violate nondiscriminatory applicable codes;
4. violate or conflict with the municipality's publicly disclosed public right-of-
way management ordinance or this Design Manual.
5. violate the federal Americans with Disabilities Act of 1990 (42 U.S.C. Section
12101 et seq.).
B. General Requirements and Information:
1. Size Limits. Network Providers shall provide detailed drawings, with
calculations to show strict conformity to the size limitations as set forth in Chapter 284,
in accordance with,but not limited to Chapter 284, Sec. 284.002, size of a Micro
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Network Node, Sec. 284.003, Size of Network Nodes, and Sec. 284.103, Max. pole
height,with each application and with each request for a permit for each location.3
2. State and Federal Rights-of-way permit. If the project lies within a Highway
Right-of-Way,the applicant must provide evidence of a permit from the State or Federal
Government.
3. Confirmation of non-interference with City Safety Communication Networks.
a. The Network Provider needs to provide analysis that the proposed
network node shall not cause any interference with City public safety radio
system,traffic signal light system, or other city safety communications
components in accordance with Chapter 284, Sec. 284.304.
b. It shall be the responsibility of the Network Provider to evaluate,prior
to making application for permit,the compatibility between the existing City
infrastructure and Provider's proposed Network Node. A Network Node shall not
be installed in a location that causes any interference.Network Nodes shall not be
allowed on City's public safety radio infrastructure.
4. Improperly Located Network Node facilities, Node Support Poles and related
ground equipment:
a. Improperly Located Network Node facilities,Node Support Poles and
related ground equipment shall not impede pedestrian or vehicular traffic in the
Right-of-Way. If any Network Node facilities,Node Support Poles or ground
equipment is installed in a location that is not in accordance with the plans
approved by the City Manager and impedes pedestrian or vehicular traffic or does
not comply or otherwise renders the Right-of-Way non-compliant with applicable
Laws, including the American Disabilities Act, then Network Provider shall
promptly remove the Network Node facilities,Node Support Poles or ground
equipment.
b.Notice to Remove unauthorized facilities and relocate and penalty:
After 30 days' notice to remove of Network Node facilities,Node Support Poles
or ground equipment that is located in the incorrect permitted location, if not
relocated the Network Provider shall be subject to a penalty of $500 per day
penalty until the Network Node facilities,Node Support Poles or ground
equipment is relocated to the correct area within the permitted Location,
regardless of whether or not the Network Provider's contractor, subcontractor, or
vendor installed the Network Node facilities,Node Support Poles or ground
equipment in strict conformity with the City Rights-of-way management ord., and
other applicable ordnances concerning improperly located facilities in the rights-
of-way.
C. Underground Requirement Areas.
1. In accordance with Chapter 284.107, a Network Provider shall, in relation to
installation for which the City approved a permit application, comply with
nondiscriminatory undergrounding requirements, including municipal ordinances, zoning
12
regulations, state law, private deed restrictions, and other public or private restrictions,
that prohibit installing aboveground structures in a public right-of-way without first
obtaining zoning or land use approval.
2. If a location is designated by the City to transits to be an Underground
Requirement Area, then a Network Provider's permit for the location of the Micro
Network Node,Network Node,Node Support Pole, and related ground equipment at such
location will be revoked 90 days after the designation, with removal of said the Micro
Network Node,Network Node,Node Support Pole, and related ground equipment at such
location within 90 days of such designation, or as otherwise reasonably allowed by the
City for the transition of other overhead facilities.
D. Network Node facilities placement:
1. Right-of-Way: Network Node facilities,Node Support Poles and related ground
equipment shall be placed, as much as possible,within two feet of the outer edge of the
Right-of-Way line to minimize any obstruction, impediment, or hindrance to the usual
travel or public safety on a public right-of-way.
2. Height above ground. Network Node attachments to a pole shall be installed at
least eight(8) feet above the ground in accordance with Chapter 284, Sec. 284.108, and if
a Network Node attachment is projecting toward the street, for the safety and protection
of the public and vehicular traffic, the attachment shall be installed no less than sixteen
(16) feet above the ground.
3. Protrusions. In accordance with Chapter 284, Sec. 284.003 (a) (1) (C), Sec.
284.003 (a) (2) (C) and Sec. 284.003 (a) (3) (B) no protrusion from the outer
circumference of the existing structure or pole shall be more than two (2) feet.
4. Limit on number of Network Nodes per Site. There shall be no more than one
Network Node on any one Pole.
E. New Node Support Poles.
1. New Node Support Poles Spacing. New node support poles shall be spaced
apart from existing utility poles or Node Support poles at the same as the spacing
between utility poles in the immediate proximity, but no less than at a minimum 300 feet
from a utility pole or another Node Support Pole to minimize the hazard of poles adjacent
to road ways and to minimize effect on property values and aesthetics on the area.
2. Height of Node Support Poles or modified Utility Pole. In accordance with
Chapter 284, Sec. 284.103 a Node support pole or modified Utility Pole may not exceed
the lesser of:
(1) 10 feet in height above the tallest existing utility pole located within
500 linear feet of the new pole in the same public right-of-way; or
(2) 55 feet above ground level.
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F. Ground Equipment.
1. Ground Equipment near street corners and intersections: Ground equipment
should be minimal and the least intrusive. In accordance with Chapter 284.102 (1),to
minimize any obstruction, impediment, or hindrance to the usual travel or public safety
on a public right-of-way the maximum line of sight required to add to safe travel of
vehicular and pedestrian traffic and in order to maximize that line of sight at street
corners and intersections and to minimize hazards at those locations, ground equipment
may not be installed within 250 feet of a street corner or a street intersection.
2. Ground Equipment near Municipal Parks. For the safety of Municipal park
patrons,particularly small children, and to allow full line of sights near Municipal park
property, the Network Provider shall not install Ground Equipment in a Right-of-Way
that is within a Park or within 250 feet of the boundary line of a Park, unless approved by
the City Manager and Parks Director in writing.
3.Minimize Ground equipment density: In accordance with Chapter 284, Sec.
284.102 (1)to enhance the safety requirements of line of sight of pedestrians,particularly
small children,the City's designee may deny a request for a proposed Location if the
Network Provider installs Network Node ground equipment where existing ground
equipment within 300 feet already occupies a footprint of xxx [25?] sq. ft. or more.
G. Municipal Service Poles:
1. In accordance with Agreement: Installations on all Service Poles shall be in
accordance with an agreement as allowed by Chapter 284, Sec. 285.056 and Sec. 284.101
(a) (3), and(b).
2. Required industry standard pole load analysis: Installations on all Service
Poles shall have an industry standard pole load analysis completed and submitted to the
municipality with each permit application indicating that the Service Pole to which the
Network Node is to be attached will safely support the load, in accordance with Chapter
284.108.
3.Height of attachments: All attachments on all Service Poles shall be at least 8
feet above grade, in accordance with Chapter 284, Sec. 285.108 (a) (1) - (2) and if a
Network Node attachment is projecting toward the street, for the safety and protection
of the public and vehicular traffic,the attachment shall be installed no less than sixteen
(16) feet above the ground.
4. Installations on Traffic Signals: Installations on all Traffic signal structures
must not interfere with the integrity of the facility in any way that may compromise the
safety of the public and must be in accordance with an agreement as allowed by Chapter
284, Sec. 285.056 and Sec. 284.101 (a) (3), and (b). Installation of Network Node
facilities on any traffic signal structures shall:
i. Be encased in a separate conduit than the traffic light electronics;
ii. Have a separate electric power connection than the traffic signal
structure; and
iii. Have a separate access point than the traffic signal structure.
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5. Installations on Street signage: Installations on all street signage structures
must not interfere with the integrity of the facility in any way that may compromise the
safety of the public. Installation of Network Node facilities on any street signage
structures that has electrics shall:
i. Be encased in a separate conduit than any City signage electronics;
ii. Have a separate electric power connection than the signage structure;
and
iii. Have a separate access point than the signage structure.
SECTION 5. GENERAL AESTHETIC REQUIREMENTS
A. Concealment.
1. Concealment of Network Nodes and Node support poles shall be required by the City
in Design Districts with Decorative Poles and in Historic Districts pursuant to Chapter 284.105.
2. It is also the City's preference that all new node support poles be camouflaged, except
those located in an area zoned or predominantly industrial area. Companies shall submit their
proposal for camouflage with the permit application.
3. The Network Node facilities shall be concealed or enclosed as much as reasonably
possible in an equipment box, cabinet, or other unit that may include ventilation openings.
External cables and wires hanging off a pole shall be sheathed or enclosed in a conduit, so that
wires are protected and not visible or visually minimized to the extent possible in strict
accordance with the City's rights-of-way management ordinance, and other applicable
ordinances, except to the extent not consistent with Chapter 284.
B.New Node Support Pole Spacing.
New node support poles shall be at a minimum 300 feet from a utility pole or another
Node Support Pole to minimize the hazard of poles adjacent to road ways and to minimize effect
on property values and aesthetics on the area.
C. Minimize Ground Equipment Concentration.
In order to minimize negative visual impact to the surrounding area, and in accordance
with Chapter 284, Sec. 284.102 (1)to enhance the safety requirements of line of sight of
pedestrians,partculaly small children, the City's designee may deny a request for a proposed
Location if the Network Provider installs Network Node ground equipment where existing
ground equipment within 300 feet already occupies a footprint of 25 sq. ft. or more to minimize
effect on property values and aesthetics on the area.
D. Allowed Colors.
Colors in Historic Districts and Design Districts must be in strict accordance with the
City's rights-of-way management ordinance, and other applicable ordinances, except to the
extent not consistent with Chapter 284
Colors in Historic Districts and Design Districts must be approved by the City Manager
from a palette of approved colors. Unless otherwise provided, all colors shall be earth tones or
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shall match the background of any structure the facilities are located upon and all efforts shall be
made for the colors to be inconspicuous. Colors in areas other than in Historic Districts and
Design Districts shall conform to colors of other installations of telecommunication providers in
the immediately adjacent areas.
SECTION 6. ELECTRICAL SUPPLY
A. Provider Responsible for Electricity.Network Provider shall be responsible for
obtaining any required electrical power service to the Micro Network Node,Network Node
facilities,Node Support Poles and ground equipment. The City shall not be liable to the Network
Provider for any stoppages or shortages of electrical power furnished to the Micro Network
Node,Network Node facilities,Node Support Poles or ground equipment, including without
limitation, stoppages or shortages caused by any act, omission, or requirement of the public
utility serving the structure or the act or omission of any other tenant or Network Provider of the
structure, or for any other cause beyond the control of the City.
B. Generators Prohibited. Network Provider shall not allow or install generators or
back-up generators in the Right-of-Way in accordance with Chapter 284, Sec. 284.002 (12) (B)
(1).
SECTION 7. INSURANCE,INDEMNITY,BONDING AND SECURITY DEPOSITS.
1. Insurance, bonding and security deposits shall be in strict accordance with the City's
rights-of-way management ordinance, and other applicable ordinances, except to the extent not
consistent with Chapter 284.
2. Indemnity shall be in accordance with Chapter 284, Sec. 284.302, as provided for in
Chapter 283, Sec. 283.057 (a)and (b) of the Texas Loc. Gov't Code.
SECTION 8. REQUIREMENTS IN REGARD TO REMOVAL, REPLACEMENT,
REPLACEMENT,MAINTENANCE AND REPAIR
A. Removal or Relocation by Network Provider.
1. Removal and relocation by the Network provider of its Micro Network Node,Network
Node facilities,Node Support Pole or related ground equipment at its own discretion, shall be in
strict accordance with the City's rights-of-way management ordinance, and other applicable
ordinances, except to the extent not consistent with Chapter 284
2. If the Network Provider removes or relocates a Micro Network Node,Network Node
facilities,Node Support Pole or related ground equipment at its own discretion, it shall notify the
City Manager in writing not less than 10 business days prior to removal or relocation. Network
Provider shall obtain all Permits required for relocation or removal of its Micro Network Node,
Network Node facilities,Node Support Poles and related ground equipment prior to relocation or
removal.
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3. The City shall not issue any refunds for any amounts paid by Network Provider for
Micro Network Node,Network Node facilities,Node Support Poles or related ground equipment
that have been removed.
B. Removal or Relocation Required for City Project.
1. Removal and Relocation of Network Provider's Micro Network Node, Network Node,
Node Support Pole or related ground equipment, or portion thereof required for a City project
shall be in strict accordance with the City's rights-of-way management ordinance, and other
applicable ordinances, except to the extent not consistent with Chapter 284, Sec. 284.107, except
as provided in existing state and federal law.
2. In accordance with Chapter 284, Sec. 284.107, except as provided in existing state and
federal law, a Network Provider shall relocate or adjust Micro Network Node,Network Node,
Node Support Pole and related ground equipment in a public right-of-way in a timely manner
and without cost to the municipality managing the public right-of-way
3.Network Provider understands and acknowledges that the City may require Network
Provider to remove or relocate its Micro Network Node,Network Node,Node Support Pole and
related ground equipment, or any portion thereof from the Right-of-Way for City construction
projects as allowed by state and feral law, including the common-law.
4.Network Provider shall, at the City Manager's direction, remove or relocate the same
at Network Provider's sole cost and expense, except as otherwise provided in existing state and
federal law, whenever the City Manager reasonably determines that the relocation or removal is
needed for any of the following purposes: Required for the construction, completion,repair,
widening, relocation, or maintenance of, or use in connection with, any City construction or
maintenance project of a street ort public rights-of-way to enhance the traveling publics use for
travel and transportation.
5. If Network Provider fails to remove or relocate the Micro Network Node,Network
Node,Node Support Pole or related ground equipment, or portion thereof as requested by the
City Manager within 90 days of Network Provider 's receipt of the request, then the City shall be
entitled to remove the Micro Network Node,Network Node,Node Support Pole or related
ground equipment, or portion thereof at Network Provider's sole cost and expense, without
further notice to Network Provider.
6. Network Provider shall,within 30 days following issuance of invoice for the same,
reimburse the City for its reasonable expenses incurred in the removal (including,without
limitation, overhead and storage expenses) of the Micro Network Node,Network Node,Node
Support Pole or related ground equipment, or portion thereof.
C. Removal Required by City for Safety and Imminent Danger Reasons.
1.Network Provider shall, at its sole cost and expense, promptly disconnect,remove, or
relocate the applicable Micro Network Node,Network Node,Node Support Pole and related
ground equipment within the time frame and in the manner required by the City Manager if the
City Manager reasonably determines that the disconnection, removal, or relocation of any part of
a Micro Network Node,Network Node,Node Support Pole and related ground equipment(a) is
necessary to protect the public health, safety, welfare, or City property, (b) the Micro Network
Node,Network Node,Node Support Pole and related ground equipment, or portion thereof, is
adversely affecting proper operation of streetlights or City property, or(c)Network Provider
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fails to obtain all applicable licenses, Permits, and certifications required by Law for its Micro
Network Node,Network Node,Node Support Pole and related ground equipment, or use of any
Location under applicable law in strict accordance with the City's rights-of-way management
ordinance, and other applicable ordinances, except to the extent not consistent with Chapter 284.
2. If the City Manager reasonably determines that there is imminent danger to the public,
then the City may immediately disconnect,remove, or relocate the applicable Micro Network
Node,Network Node,Node Support Pole and related ground equipment at the Network
Provider's sole cost and expense in strict accordance with the City's rights-of-way management
ordinance, and other applicable ordinances, except to the extent not consistent with Chapter 284.
3.Network Provider shall, at its sole cost and expense, promptly disconnect, remove, or
relocate the applicable Micro Network Node,Network Node,Node Support Pole and related
ground equipment within the time frame and in the manner required by the City Manager if the
City Manager reasonably determines that the disconnection, removal, or relocation of any part of
a Micro Network Node,Network Node,Node Support Pole and related ground equipment(a) is
necessary to protect the public health, safety, welfare, or City property, (b)the Micro Network
Node,Network Node,Node Support Pole and related ground equipment, or portion thereof, is
adversely affecting proper operation of streetlights or City property, or(c)Network Provider
fails to obtain all applicable licenses, Permits, and certifications required by Law for its Micro
Network Node,Network Node,Node Support Pole and related ground equipment, or use of any
Location under applicable law. If the City Manager reasonably determines that there is imminent
danger to the public, then the City may immediately disconnect, remove, or relocate the
applicable Micro Network Node,Network Node,Node Support Pole and related ground
equipment at the Network Provider's sole cost and expense.
4. The City Manager shall provide 90 days written notice to the Network Provider before
removing a Micro Network Node,Network Node,Node Support Pole and related ground
equipment under this Section, unless there is imminent danger to the public health, safety, and
welfare.
5.Network Provider shall reimburse City for the City's actual cost of removal of Micro
Network Node,Network Node,Node Support Pole and related ground equipment within 30 days
of receiving the invoice from the City.
SECTION 9. INSTALLATION AND INSPECTIONS
A. Installation.
Network Provider shall, at its own cost and expense, install the Micro Network Node,
Network Node facilities,Node Support Poles and related ground equipment in a good and
workmanlike manner and in accordance with the requirements promulgated by the City
Manager, as such may be amended from time to time. Network Provider's work shall be subject
to the regulation, control and direction of the City Manager. All work done in connection with
the installation, operation, maintenance, repair, modification, and/or replacement of the Micro
Network Node,Network Node facilities,Node Support Poles and related ground equipment shall
be in compliance with all applicable laws, ordinances, codes, rules and regulations of the City,
applicable county, the state, and the United States ("Laws").
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B. Inspections.
The City Manager, or designee, may perform visual inspections of any Micro Network
Node,Network Node,Node Support Pole or related ground equipment located in the Right-of-
Way as the City Manager deems appropriate without notice. If the inspection requires physical
contact with the Micro Network Node,Network Node,Node Support Poles or related ground
equipment,the City Manager shall provide written notice to the Network Provider within five
business days of the planned inspection.Network Provider may have a representative present
during such inspection.
SECTION 10. REQUIREMENTS UPON ABANDONMENT OF OBSOLETE MICRO
NETWORK NODE,NETWORK NODE,NODE SUPPORT POLE AND RELATED
GROUND EQUIPMENT.
Network Provider shall remove Micro Network Node,Network Node,Node Support Pole
and related ground equipment when such facilities are Abandoned regardless of whether or not it
receives notice from the City. Unless the City sends notice that removal must be completed
immediately to ensure public health, safety, and welfare,the removal must be completed within
the earlier of 90 days of the Micro Network Node,Network Node,Node Support Pole and
related ground equipment being Abandoned or within 90 days of receipt of written notice from
the City. When Network Provider removes, or Abandons permanent structures in the Right-of-
Way,the Network Provider shall notify the City Manager and City Manager in writing of such
removal or Abandonment and shall file with the City Manager and City Manager the location
and description of each Micro Network Node,Network Node,Node Support Pole and related
ground equipment removed or Abandoned. The City Manager may require the Network Provider
to complete additional remedial measures necessary for public safety and the integrity of the
Right-of-Way.
SECTION 11. GENERAL PROVISIONS.
1. As Built Maps and Records.Network Provider's as built maps and records shall be in
strict accordance with the City's rights-of-way management ordinance, and other applicable
ordinances, except to the extent not consistent with Chapter 284.
Network Provider shall maintain accurate maps and other appropriate records of its
Network Node facilities,Node Support Poles and related ground equipment as they are actually
constructed in the Rights-of-Way, including, upon request,the use of Auto CAD/GIS digital
format. Network Provider will provide additional maps to the City upon request.
2. Courtesy and Proper Performance.Network Provider shall make citizen satisfaction
a priority in using the Right-of-Way. Network Provider shall train its employees to be customer
service-oriented and to positively and politely interact with citizens when dealing with issues
pertaining to its Micro Network Node, Network Node,Node Support Pole and related ground
equipment in the Right-of-Way. Network Provider's employees shall be clean, courteous,
efficient, and neat in appearance and committed to offering the highest quality of interaction with
the public. If, in the opinion of the City Manager or designee,Network Provider is not
interacting in a positive and polite manner with citizens,he or she shall request Network
Provider to take all remedial steps to conform to these standards.
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3. Drug Policy. Drug policy of Network provider's personnel, and contractors in the
rights-of-way shall be in strict accordance with the City's rights-of-way management ordinance,
and other applicable ordinances, except to the extent not consistent with Chapter 284.
It is the policy of the City to achieve a drug-free workforce and workplace. The
manufacture, distribution, dispensation,possession, sale, or use of illegal drugs or alcohol by
Network Provider's employees, contractors, subcontractors, sub-Network Provider's, or vendors
while on City rights-of-way is prohibited.
4. Allocation of Funds for Removal and Storage. The City has appropriated $0 to pay
for the cost of any removal or storage of Micro Network Node,Network Node,Node Support
Pole and related ground equipment, as authorized under this Article, and no other funds are
allocated.
5. Ownership.No part of a Micro Network Node,Network Node,Node Support Pole
and related ground equipment erected or placed on the Right-of-Way by Network Provider will
become, or be considered by the City as being affixed to or a part of, the Right-of-Way. All
portions of the Micro Network Node,Network Node,Node Support Pole and related ground
equipment constructed, modified, erected, or placed by Network Provider on the Right-of-Way
will be and remain the property of Network Provider and may be removed by Network Provider
at any time,provided the Network Provider shall notify the City Manager prior to any work in
the Right-of-Way.
6. Tree Maintenance. Network Provider, its contractors, and agents shall obtain written
permission from the City Manager before trimming trees hanging over its Micro Network Node,
Network Node, or Node Support Pole,to prevent branches of such trees from contacting attached
Micro Network Node,Network Node, or Node Support Pole. When directed by the City
Manager,Network Provider shall trim under the supervision and direction of the Parks Director.
The City shall not be liable for any damages, injuries, or claims arising from Network Provider's
actions under this section.
7. Signage. Signage shall be in strict accordance with the City's rights-of-way
management ordinance, and other applicable ordinances, except to the extent not consistent with
Chapter 284.
Network Provider shall post its name, location identifying information, and emergency
telephone number in an area on the cabinet of the Network Node facility that is visible to the
public. Signage required under this section shall not exceed 4"x 6", unless otherwise required by
law(e.g. RF ground notification signs) or the City Manager.
Except as required by Laws or by the Utility Pole owner,Network Provider shall not post
any other signage or advertising on the Micro Network Node,Network Node,Node Support
Pole, Service pole or Utility Pole.
8. Graffiti Abatement. As soon as practical, but not later than fourteen(14) calendar
days from the date Network Provider receives notice thereof,Network Provider shall remove all
graffiti on any of its Micro Network Node,Network Node,Node Support Pole, and related
ground equipment located in the Right of Way. The foregoing shall not relieve the Network
Provider from complying with any City graffiti or visual blight ordinance or regulation.
9. Restoration.Network Provider shall repair any damage to the Right-of-Way, or any
facilities located within the Right-of-Way, and the property of any third party resulting from
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Network Provider's removal or relocation activities(or any other of Network Provider's
activities hereunder)within 10 calendar days following the date of such removal or relocation, at
Network Provider's sole cost and expense, including restoration of the Right-of-Way and such
property to substantially the same condition as it was immediately before the date Network
Provider was granted a Permit for the applicable Location or did the work at such Location(even
if Network Provider did not first obtain a Permit), including restoration or replacement of any
damaged trees, shrubs or other vegetation. Such repair, restoration and replacement shall be
subject to the sole, reasonable approval of the City Manager.
10. Network provider's responsibility.Network Provider shall be responsible and liable
for the acts and omissions of Network Provider's employees,temporary employees, officers,
directors, consultants, agents, Affiliates, subsidiaries, sub-Network Provider's and subcontractors
in connection with the installations of any Micro Network Node,Network Node,Node Support
Pole and related ground equipment, as if such acts or omissions were Network Provider's acts or
omissions.
SECTION 13-19 RESERVED
SECTION 20. DESIGN MANUAL - UPDATES
Placement or Modification of Micro Network Node,Network Node,Node Support Pole
and related ground equipment shall comply with the City's Design Manual at the time the Permit
for installation or Modification is approved and as amended from time to time.
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1 Sec. 284.301. LOCAL POLICE-POWER-BASED REGULATIONS. (a) Subject to this
chapter and applicable federal and state law, a municipality may continue to exercise zoning,
land use,planning, and permitting authority in the municipality's boundaries, including with
respect to utility poles.
(b) A municipality may exercise that authority to impose police-power-based regulations
for the management of the public right-of-way that apply to all persons subject to the municipality.
(c) A municipality may impose police-power-based regulations in the management of the
activities of network providers in the public right-of-way only to the extent that the regulations are
reasonably necessary to protect the health, safety, and welfare of the public.
2 The definitions as used in Tx. Loc. Gov. Code, Chapter 284, Sec. 284.002 shall be used in this
Design Manual.
Tex. Loc. Gov. Code, Chapter 284, Sec. 284.002. DEFINITIONS. In this chapter:
(1) "Antenna" means communications equipment that transmits or receives
electromagnetic radio frequency signals used in the provision of wireless services.
(2) "Applicable codes" means:
(A) uniform building, fire, electrical,plumbing, or mechanical codes adopted by
a recognized national code organization; and
(B) local amendments to those codes to the extent not inconsistent with this
chapter.
(3) "Collocate" and "collocation" mean the installation, mounting, maintenance,
modification, operation, or replacement of network nodes in a public right-of-way on or adjacent
to a pole.
(4) "Decorative pole" means a streetlight pole specially designed and placed for aesthetic
purposes and on which no appurtenances or attachments, other than specially designed
informational or directional signage or temporary holiday or special event attachments, have
been placed or are permitted to be placed according to nondiscriminatory municipal codes.
(5) "Design district" means an area that is zoned, or otherwise designated by municipal
code, and for which the city maintains and enforces unique design and aesthetic standards on a
uniform and nondiscriminatory basis.
(6) "Historic district" means an area that is zoned or otherwise designated as a historic
district under municipal, state, or federal law.
(7) "Law" means common law or a federal, state, or local law, statute, code, rule,
regulation, order, or ordinance.
(8) "Macro tower" means a guyed or self-supported pole or monopole greater than the
height parameters prescribed by Section 284.103 and that supports or is capable of supporting
antennas.
(9) "Micro network node" means a network node that is not larger in dimension than 24
inches in length, 15 inches in width, and 12 inches in height, and that has an exterior antenna, if
any,not longer than 11 inches.
(10) "Municipally owned utility pole" means a utility pole owned or operated by a
municipally owned utility, as defined by Section 11.003,Utilities Code, and located in a public
right-of-way.
(11) "Municipal park" means an area that is zoned or otherwise designated by municipal
22
code as a public park for the purpose of recreational activity.
(12) "Network node" means equipment at a fixed location that enables wireless
communications between user equipment and a communications network. The term:
(A) includes:
(i) equipment associated with wireless communications;
(ii) a radio transceiver, an antenna, a battery-only backup power supply,
and comparable equipment, regardless of technological configuration; and
(iii) coaxial or fiber-optic cable that is immediately adjacent to and
directly associated with a particular collocation; and
(B) does not include:
(i) an electric generator;
(ii) a pole; or
(iii) a macro tower.
(13) "Network provider" means:
(A) a wireless service provider; or
(B) a person that does not provide wireless services and that is not an electric
utility but builds or installs on behalf of a wireless service provider:
(i) network nodes; or
(ii) node support poles or any other structure that supports or is capable of
supporting a network node.
(14) "Node support pole" means a pole installed by a network provider for the primary
purpose of supporting a network node.
(15) "Permit" means a written authorization for the use of the public right-of-way or
collocation on a service pole required from a municipality before a network provider may
perform an action or initiate, continue, or complete a project over which the municipality has
police power authority.
(16) "Pole" means a service pole, municipally owned utility pole, node support pole, or
utility pole.
(17) "Private easement" means an easement or other real property right that is only for
the benefit of the grantor and grantee and their successors and assigns.
(18) "Public right-of-way" means the area on, below, or above a public roadway,
highway, street,public sidewalk, alley, waterway, or utility easement in which the municipality
has an interest. The term does not include:
(A) a private easement; or
(B) the airwaves above a public right-of-way with regard to wireless
telecommunications.
(19) "Public right-of-way management ordinance" means an ordinance that complies
with Subchapter C.
(20) "Public right-of-way rate" means an annual rental charge paid by a network
provider to a municipality related to the construction, maintenance, or operation of network
nodes within a public right-of-way in the municipality.
(21) "Service pole" means a pole, other than a municipally owned utility pole, owned or
operated by a municipality and located in a public right-of-way, including:
(A) a pole that supports traffic control functions;
(B) a structure for signage;
(C) a pole that supports lighting, other than a decorative pole; and
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(D) a pole or similar structure owned or operated by a municipality and
supporting only network nodes.
(22) "Transport facility" means each transmission path physically within a public right-
of-way, extending with a physical line from a network node directly to the network, for the
purpose of providing backhaul for network nodes.
(23) "Utility pole" means a pole that provides:
(A) electric distribution with a voltage rating of not more than 34.5 kilovolts; or
(B) services of a telecommunications provider, as defined by Section 51.002,
Utilities Code.
(24) "Wireless service" means any service, using licensed or unlicensed wireless
spectrum, including the use of Wi-Fi, whether at a fixed location or mobile,provided to the
public using a network node.
(25) "Wireless service provider" means a person that provides wireless service to the
public.
3 Sec. 284.002. DEFINITIONS (8) "Micro network node" means a network node that is not
larger in dimension than 24 inches in length, 15 inches in width, and 12 inches in height, and that
has an exterior antenna, if any, not longer than 11 inches.
Sec. 284.003. LIMITATION ON SIZE OF NETWORK NODES. (a) Except as provided by
Section 284.109, a network node to which this chapter applies must conform to the following
conditions:
(1) each antenna that does not have exposed elements and is attached to an existing
structure or pole:
(A) must be located inside an enclosure of not more than six cubic feet in
volume;
(B) may not exceed a height of three feet above the existing structure or pole; and
(C) may not protrude from the outer circumference of the existing structure or
pole by more than two feet;
(2) if an antenna has exposed elements and is attached to an existing structure or pole,
the antenna and all of the antenna's exposed elements:
(A) must fit within an imaginary enclosure of not more than six cubic feet;
(B) may not exceed a height of three feet above the existing structure or pole; and
(C) may not protrude from the outer circumference of the existing structure or
pole by more than two feet;
(3) the cumulative size of other wireless equipment associated with the network node
attached to an existing structure or pole may not:
(A) be more than 28 cubic feet in volume; or
(B) protrude from the outer circumference of the existing structure or a node
support pole by more than two feet;
(4) ground-based enclosures, separate from the pole, may not be higher than three feet
six inches from grade, wider than three feet six inches, or deeper than three feet six
inches; and
(5) pole-mounted enclosures may not be taller than five feet.
(b) The following types of associated ancillary equipment are not included in the calculation of
equipment volume under Subsection(a):
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(1) electric meters;
(2) concealment elements;
(3) telecommunications demarcation boxes;
(4) grounding equipment;
(5) power transfer switches;
(6) cut-off switches; and
(7) vertical cable runs for the connection of power and other services.
(c) Equipment attached to node support poles may not protrude from the outer edge of the node
support pole by more than two feet.
(d) Equipment attached to a utility pole must be installed in accordance with the National
Electrical Safety Code, subject to applicable codes, and the utility pole owner's construction
standards.
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