(a)
This design manual is for the: (1) maintenance; (2) siting; and (3)
criteria for the installation of wireless facilities, including micro
network nodes, network nodes, node support poles and related ground
equipment and applies to any and all maintenance, siting, installations,
collocations, or other placement of, in, over or under the public
rights-of-way of network nodes, node support poles, micro network
nodes, distributed antenna system(s), microwave communications or
other wireless facilities, by whatever nomenclature, whether they
are installed pursuant to chapter 284 of the Local Government Code
or installed pursuant to an agreement to use the right-of-way or authorization
or installed as may otherwise be allowed by State law.
(b)
The Town enacts these design requirements and guidelines in order
to meet its fiduciary duty to its citizens, and to give assistance
and guidance to network providers in the safe, aesthetically pleasing,
efficient, and timely installation of facilities.
(Ordinance 2025 adopted 8/28/17)
(a)
Prohibited: Municipal parks and residential areas.
A
network provider may not install a new node support pole in the following
locations:
(1)
In a municipal park; or
(2)
In right-of-way that is adjacent to a street that is:
(A)
Not more than fifty (50) feet wide at average width, measuring vehicular
traveled portion only as set out in the definition of “street”
and the measurement does not include intersection and refers only
to the main traveled portion measured at mid-block or mid-point between
intersections; and
(B)
Adjacent to developed or undeveloped single-family residential lots,
other multifamily residential area or land that is designated for
residential use by zoning or deed restrictions.
(3)
Construction in right-of-way adjacent to a school is prohibited,
unless all contractors, sub-contractors, or other workers follow all
statutory requirements in the Educational Code regarding work on school
grounds, including but not limited to chapters 21 and 22.
(b)
Prohibited: Undergrounding district.
(1)
Above ground structures shall not be installed in an underground
district or underground requirement area, except as provided herein.
(2)
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 the appropriate zoning,
land use approval or other required approval.
(3)
In addition to areas designated in this article, future areas may
be designated from time to time by the Town as underground required
areas by any means, including but not limited to means such as ordinances,
resolutions, or filed plats. If an area is converted from an area
that allows overhead lines to one that prohibits overhead lines, all
subsequent installations shall meet the requirements for an underground
district.
(4)
If a location is designated by the Town to be underground required
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 automatically revoked, 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 allowed for the transition of other overhead facilities.
(c)
Restricted: Historic district and design districts.
(1)
A network provider must obtain advance written approval from the
Town before collocating network nodes or installing node support poles
in a design district with decorative poles or in an area of the Town
zoned or otherwise designated as a design district or historic district.
(2)
Concealment required:
(A)
As a condition for approval of network nodes or node support poles
in design districts with decorative poles or in a historic district,
concealment measures are required for network nodes or node support
poles or related ground equipment or any portion of the nodes, poles,
or equipment.
(B)
Said concealment measures shall minimize the impact to the aesthetics
in a historic district or design district.
(3)
Network provider shall comply with and observe all applicable Town,
State, and federal laws and requirements, including historic preservation
laws and requirements.
(d)
Collocation will not be allowed on decorative poles in any area of
the Town.
(e)
Historic landmarks.
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 Town, 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.
(f)
Designated areas.
(1)
The Council may designate an area as a historic district, design
district or underground district at any time.
(2)
Underground district.
Any area that meets the definition
of underground district or underground requirement area may be designated
as such an area. An area does not need to be designated by this article
to be considered to be within an underground district. Such designation
does not require a zoning case. Any area declared to be an underground
district by Town Council or any area that meets the definition of
underground district or underground requirement area shall be subject
to all requirements and protections for an underground district.
(3)
Design district.
The Town Council may designate an area
as a design district at any time. An area does not need to be designated
in this article to be considered to be within a design district. Such
a designation does not require a zoning case. Any area designated
by Town Council as a design district or any area that meets the definition
of a design district shall be subject to all requirements and protections
for a design district.
(4)
Historic district.
The Town Council may designate an
area as a historic district at any time. An area does not need to
be designated by this article to be considered to be within a historic
district. Such designation does not require a zoning case. Any area
declared to be a historic district by Town Council or any area that
meets the definition of historic district shall be subject to all
requirements and protections for a historic district.
(g)
Defense.
(1)
It shall be a defense to the above requirements prohibiting or restricting
location of facilities in a park, residential area, historic district,
design district, underground district or collocating on a decorative
pole that the network provider obtained advance written approval or
waiver of restrictions from the Town before collocating new network
nodes or installing new node support poles or ground equipment in
a prohibited or restricted location. In any prosecution herein for
such prohibition or violation of any restrictions, it shall be an
affirmative defense to have an Agreement with the Town that approved
such location or waived the applicable restriction.
(2)
If an agreement is granted to locate in a prohibited location, the
network provider shall be required, as a condition for approval of
new network nodes or new node support poles in a prohibited location,
to install reasonable design or concealment measures for the new network
nodes or new node support poles. Therefore, any request for installations
in a prohibited location, must be accompanied with concealment measures
in the permit applications.
(3)
The Town requests that a network provider explore the feasibility
of using certain 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 all locations of the Town.
(h)
Private deed restrictions and property owners association rules.
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.
(i)
Ground equipment.
(1)
Ground equipment shall be minimal and the least intrusive at all
sites.
(2)
In order to maximize line of sight at street corners and intersections
and minimize hazards at those locations, ground equipment may not
be installed within 250 feet of a street corner or street intersection.
(3)
Ground equipment may not be installed at street corners or intersections
within a visibility triangle.
(4)
Ground equipment shall not be installed near a driveway.
(j)
Each permit application shall designate if the requested area for
installation is within one a residential area, a municipal park, an
underground district or underground requirement area or a historic
district or a design district.
(Ordinance 2025 adopted 8/28/17)
(a)
The following locations, in the order listed, are the preferred locations
for installation of poles or wireless facilities:
(1)
Industrial areas.
(2)
Areas designated by the Town as a highway rights-of-way area, provided
that such areas are not adjacent to a municipal park, residential
area, historic district, design district or any prohibited area set
out above.
(3)
Retail and commercial areas, provided such areas are not in a prohibited
location, such as an underground district, design district or historic
district.
(b)
In the absence of State law or an agreement or municipal authorization
providing otherwise, network nodes shall be restricted to preferred
locations set out in this section.
(Ordinance 2025 adopted 8/28/17)
(a)
The following shall be the order of preference for the attachment
of network nodes to existing facilities, beginning with most preferred
location and ending with least preferred location. In addition to
the preference set out by the Town, existing facilities may be owned
by third parties and may not be available for attachment of facilities
or may require authorization from other parties.
(b)
Order of preference from most preferable to least preferable.
(1)
Most preferable.
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 (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)
Preferable.
Existing utility poles (electric poles or
telephones poles), shall be the preferred support facility for network
nodes and related ground equipment.
(3)
Least preferable.
Municipal service poles, which shall
require an agreement with the Town. Municipal service poles includes
(in order of preference):
(A)
Nondecorative streetlights.
(B)
Traffic signal structures - Network nodes may only be attached to
traffic signal structures when such installation will not interfere
with the integrity of the facility and will not interfere with the
safety of the public. Any installation of network node facilities
on any traffic signal structures shall:
(C)
Other municipal service pole use is discouraged.
(4)
New node support poles shall also be least preferred. Collocation
shall generally be preferred over new poles. New poles shall not be
installed in prohibited areas and shall only be allowed in restricted
areas to the extent all requirements are followed or a waiver is granted.
Any new poles shall be camouflaged to the extent allowed by law as
set out in this article.
(c)
Ground equipment should be minimal and the least intrusive.
(d)
In the absence of State law or an agreement or municipal authorization
providing otherwise, network nodes, if allowed, shall be restricted
to most preferable locations set out in this section and shall be
prohibited in the least preferable.
(Ordinance 2025 adopted 8/28/17)
(a)
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)
Network node facilities shall be installed in accordance with section 13.08.089 and all other applicable requirements of this article.
(c)
Right-of-way.
(1)
Network nodes installation shall follow all applicable requirements of this article, including section 13.08.034.
(2)
Network node facilities, node support poles and related ground equipment
shall be placed, as much as possible, within two (2) feet of the outer
edge of the right-of-way line.
(3)
Node support poles and related ground equipment shall not impede
pedestrian or vehicular traffic in the right-of-way.
(4)
No protrusion from the outer circumference of the existing structure
or pole shall be more than two (2) feet.
(d)
Parks.
For the safety of park patrons, particularly
small children, and to allow full line of sights near 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. The network provider may request a waiver of the requirement
that such equipment not be within 250 feet of a park from the board
of adjustment.
(e)
There shall be no more than one (1) network node on any one pole.
(Ordinance 2025 adopted 8/28/17)
(a)
Camouflage is required by the Town when wireless facilities are allowed,
as set forth above, in design districts with decorative poles or in
historic districts.
(b)
It is the Town’s preference that all new node support poles
be camouflaged, except those located in an area zoned or predominantly
industrial or in a designated highway district area.
(c)
Companies shall submit their proposal for camouflage with the permit
application.
(Ordinance 2025 adopted 8/28/17)
(a)
Confirmation of noninterference with Town safety communication networks.
(1)
The network provider shall provide analysis that the proposed network
node shall not cause any interference with Town public safety radio
system, traffic signal light system, or other Town safety communications
components.
(2)
It shall be the ongoing responsibility of the network provider to
evaluate, prior to making application for permit and while network
nodes remain in the right-of-way, the compatibility between the existing
Town infrastructure and provider’s proposed network node. A
network node shall not be installed in a location that causes any
interference and any network node that causes destructive interference
post-installation shall correct such interference or be removed and
shall follow all federal regulations regarding interference.
(3)
Network nodes shall not be allowed on Town’s public safety
radio infrastructure.
(b)
Size limits.
(1)
Network providers shall provide detailed drawings, with calculations
to show strict conformity to the size limitations as set forth in
this article.
(2)
To the extent authorization is provided by franchise or license,
the franchise or license controls.
(3)
To the extent authorization is provided by State law which sets out
size limits, the size limits in the State law control.
(4)
If authorization is provided through a State law with no size limits,
or other authorization with no size limits, the size limits of this
section shall control.
(5)
Unless otherwise provided by State law or municipal authorization,
license, franchise or agreement, the following maximum size limits
are applicable (required):
(A)
Micro network node dimensions - Maximum length: 24 inches; maximum
width 15 inches; maximum height 12 inches.
(B)
Network node shall not exceed the size limits set out in chapter
284 of the Local Government Code, without specific Town authorization,
regardless of whether or not the provider claims authority under chapter
284 or a different State statute.
(C)
Pole height not higher than ten feet in height above the tallest
existing utility pole within 500 linear feet of a new pole or fifty-five
(55) feet, whichever is least.
(D)
Ground equipment, separate from the pole, may not be higher than
three feet six inches (3'6") from grade, wider than three feet six
inches (3'6").
(E)
When not otherwise set out in this article or in a municipal authorization,
the size limits shall be less than or equal to the size limits set
forth for structures or equipment in chapter 284 of the Local Government
Code, where applicable.
(F)
Size limits may be reduced when necessary for public health, safety
or welfare.
(c)
Size limits provided by State law are only applicable for so long
as required by State law. If said State law is found to be repealed,
struck down, pre-empted or invalid, in whole or in part, the standards
required by the Town, either in the municipal authorization or an
amendment to the municipal authorization or the directives of the
Town or this article, shall be required and such standards shall be
subject to individualized review.
(d)
Concealment.
The network node facilities shall be concealed
or enclosed as much as 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.
(e)
New node support pole spacing.
(1)
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, unless a lesser distance is approved by the
Town Administrator.
(2)
New poles shall be placed a minimum of 5 feet from a street curb
or travel lane and 18 inches from a sidewalk to minimize the potential
of being struck by a motor vehicle or bicycle.
(3)
New poles shall be placed on breakaway anchor bolt supports or bases
to minimize the impact severity to motor vehicles that strike the
pole.
(f)
Minimize ground equipment concentration.
In order to
minimize negative visual impact to the surrounding area, the Town’s
designee may deny a request for a proposed location if the network
provider installs network node ground equipment where existing ground
equipment already occupies a footprint of 25 sq. ft. or more.
(g)
Allowed colors.
Colors shall meet the requirements set out in section 13.08.034(a)(19).
(h)
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 Town Administrator and impedes pedestrian or vehicular
traffic or does not comply or otherwise renders the right-of-way noncompliant
with applicable laws, including the American Disabilities Act, then
network provider shall remove the network node facilities, node support
poles or ground equipment.
(i)
Ground equipment.
(1)
Ground equipment should be minimal and the least intrusive. 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 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 Town
Administrator in writing.
(3)
To enhance the safety requirements of line of sight of pedestrians,
particularly small children, the Town’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 twenty-five (25) square feet or more.
(4)
Ground equipment shall not be installed in such a manner as to interfere
with a sight visibility triangle.
(j)
Municipal service poles.
(1)
An agreement shall be required for all installations on municipal
service poles and all such installations shall be in accordance with
the agreement.
(2)
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.
(3)
Height of attachments:
(A)
All attachments on all service poles shall be at least 8 feet above
grade;
(B)
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; and
(C)
Meet all applicable requirements of State law and this article.
(4)
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 the agreement
with the Town. Installation of network node facilities on any traffic
signal structures shall:
(A)
Be encased in a separate conduit than the traffic light electronics;
(B)
Have a separate electric power connection than the traffic signal
structure;
(C)
Have a separate access point than the traffic signal structure;
(D)
Shall not puncture or drill into the structure;
(E)
Shall not be installed on the mast arm; and
(F)
Meet all other requirements of State law and this article.
(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 and must be in
accordance with the agreement with the Town. Installation of network
node facilities on any street signage structures that has electrics
shall:
(Ordinance 2025 adopted 8/28/17)
(a)
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 Town 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 Town.
(b)
Network provider shall not allow or install generators or back-up
generators in the right-of-way.
(Ordinance 2025 adopted 8/28/17)
(a)
Installation.
(1)
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 Town Administrator, as such
may be amended from time to time. Network provider’s work shall
be subject to the regulation, control and direction of the Town Administrator.
(2)
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 any agreement with the Town as applicable
and all applicable laws, ordinances, codes, rules and regulations
of the Town, County, State, and the United States (“laws”).
(b)
Standard pole load analysis on attachments to a service pole.
All applications for permits to collocate and/or attach to any
service pole must have included in its permit application a completed
industry standard individual pole load analysis performed and sealed
by an engineer licensed by the State that indicates that the service
pole to which the network node is to be attached will safely support
the load. Such analysis shall also address safety of pole and attachments
in regard to wind loads, collision with motor vehicle.
(c)
Inspections.
The Town Administrator 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
Town Administrator 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 Town Administrator
shall provide written notice to the network provider within five (5)
business days of the planned inspection. Network provider may have
a representative present during such inspection.
(d)
No installations shall be placed on the mast arm of a traffic-control
signal.
(Ordinance 2025 adopted 8/28/17)
(a)
Removal or relocation by network provider.
(1)
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 Town Administrator in writing
not less than ten (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.
(2)
The Town 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.
(3)
Any abandoned or obsolete micro network node, network node, node
support pole or other related equipment shall be removed in strict
accordance with this article and all other applicable ordinances and
State law.
(4)
Network provider shall remove micro network node, network node facilities,
node support pole or related ground equipment when such facilities
are abandoned regardless of whether or not notice is received from
the Town. Such removal must occur within ninety (90) days from the
date of abandonment, unless additional time is allowed by the Town.
The network provider shall provide advance written notice of such
removal which must be received by the Town at least two (2) working
days prior to the removal, except in case of emergency. Such notice
shall specify the location and description of each micro network node,
network node facilities, node support pole or related ground equipment
to be removed.
(5)
The Town Administrator may require the network provider to complete
additional remedial measures necessary for public safety and the integrity
of any Town facilities and the right-of-way.
(b)
Removal or relocation required for Town project.
(1)
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 in accordance with section 13.08.036 and without cost to the municipality managing the public right-of-way.
(2)
Pursuant to State law and as a condition for occupancy of the right-of-way, the network provider may be required by the Town to remove or relocate any of its facilities, including but not limited to, its micro network node, network node, node support pole and related ground equipment, or any portion thereof from the right-of-way, and network provider shall, at the Town Administrator’s direction, remove or relocate the same at network provider’s sole cost and expense, whenever the Town Administrator reasonably determines that the relocation or removal is needed as set out in section 13.08.036.
(3)
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 Town Administrator within 90
days of network provider’s receipt of the request, then the
Town 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, and network provider shall, within 30
days following issuance of invoice for the same, reimburse the Town
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 Town for safety or due to imminent danger; or
for improper permitting or licensing.
(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 Town Administrator if the Town Administrator
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 Town 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
Town 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 Town Administrator
reasonably determines that there is imminent danger to the public,
then the Town 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.
(2)
The Town Administrator 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.
(3)
Network provider shall reimburse Town for the Town’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 Town.
(d)
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 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 Town Administrator.
(e)
Network provider responsible.
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.
(Ordinance 2025 adopted 8/28/17)
(a)
Upon abandonment or upon being deemed abandoned, network provider
has a duty to promptly remove its facilities from the right-of-way.
Notice from the Town is not a prerequisite to the requirement for
removal.
(Ordinance 2025 adopted 8/28/17)
(a)
All requirements of this division, including division 2, shall be
met as applicable.
(b)
No Town allocation of funds for removal and storage.
All costs of any removal or storage of micro network node, network
node, node support pole and related ground equipment, as authorized
under this article, shall be the responsibility of the network provider
and the Town is not required to expend no funds to meet the requirements
of the network providers. Any funds expended by the Town due to an
emergency or failure of a person to abide by these requirements shall
be reimbursed to the Town.
(c)
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 Town 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 Town administrator
prior to any work in the right-of-way.
(d)
Size limits.
(1)
Network providers shall provide detailed drawings, with calculations
to show strict conformity to the size limitations as set forth in
this article or State law with each application, notice of work to
be performed or request for a permit for each location; provided,
however, where possible providers are encouraged to reduce the size
of installed facilities.
(2)
The size limits in this article are only applicable for so long as
required by State law. If chapter 284 of the Local Government Code
is found to be repealed, struck down, pre-empted or invalid, in whole
or in part, the standards required by the Town, either in the municipal
authorization or an amendment to the municipal authorization or the
directives of the Town or this article then such standards shall be
subject to individualized review.
(Ordinance 2025 adopted 8/28/17)
Insurance, indemnity, bonding and security deposits shall be
in strict accordance with the Town’s rights-of-way management
ordinance, and other applicable ordinances, except to the extent not
consistent with State law.
(Ordinance 2025 adopted 8/28/17)
Placement or modification of micro network node, network node,
node support pole and related ground equipment shall comply with the
Town’s design manual at the time the permit for installation
or modification, and as said design manual may be approved or amended
from time to time.
(Ordinance 2025 adopted 8/28/17)
