Subject to the provisions of chapter 284, Tex. Local Gov’t Code, this division, the design manual, and other applicable ordinances, a network provider may use the public rights-of-way to:
(1) 
Construct, modify, maintain, operate, relocate and remove a network node or node support pole;
(2) 
Modify or replace a utility pole or node support pole; and
(3) 
Collocate on a pole.
(Ordinance 436 adopted 8/15/2017)
(a) 
Prohibited areas.
(1) 
Without the written and discretionary consent of the city, a network provider may not install a node support pole in a public right-of-way that is adjacent to a street or thoroughfare that is:
(A) 
Not more than 50 feet wide; and
(B) 
Adjacent to single-family residential lots or other multifamily residences or undeveloped land that is designated for residential use by zoning or deed restrictions (network provider must provide maps showing the zones and deed restrictions, with copies of deeds where placement is sought).
(2) 
A network provider may not install a node support pole in a public right-of-way in a park.
(b) 
Historic districts.
A network provider must obtain advance written approval from the city manager before collocating network nodes or installing node support poles in historic districts. As a condition for approval, the network providers must provide design or concealment measures for the new network node or node support pole, as provided in the design manual. The network provider should explore the feasibility of using camouflage measures to improve the aesthetics of the network node, node support pole, or related ground equipment or any portion of the network node, node support pole or ground equipment to minimize the impact to the aesthetics in the historic district. Nothing in this subsection limits the city’s authority to enforce historic preservation zoning regulations consistent with the preservation of local zoning authority under 47 U.S.C. section 332(c)(7), the requirements for facility modifications under 47 U.S.C. section 1455(a), or the National Historic Preservation Act of 1966 (16 U.S.C. section 470 et seq.) and the regulations adopted to implement these laws.
(c) 
Undergrounding areas.
A network provider, in relation to installation for which the city has approved a permit application, must comply with undergrounding requirements, including the city’s ordinances, zoning regulations, state law, private deed restrictions, and other public or private restrictions that prohibit installing above-ground structures in a public right-of-way without first obtaining zoning or land use approval. Areas of the city may be designated from time to time by the city as underground areas in accordance with filed plats, or conversions of overhead to underground areas, as may be allowed by law. This subsection does not prohibit a network provider from replacing an existing structure.
(Ordinance 436 adopted 8/15/2017)
(a) 
Adoption of design manual.
The city council adopts the design manual for siting and criteria for the installation of wireless micro network nodes, network nodes, node support poles and related ground equipment pursuant to chapter 284, Tex. Local Gov’t Code dated August 1, 2017. A copy of the design manual is available in the city secretary’s office and on-line at www.cityofluflkin.com.
(b) 
Revisions to design manual.
The public works director may from time-to-time add to, delete from, or revise the design manual without council action if the revision:
(1) 
Does not conflict with a provision of state law or this division;
(2) 
Is for the purpose of providing detailed or technical specifications, requirements, or procedures applicable to the matters regulated under this division, but does not implement new substantive regulations or requirements not addressed in this division;
(3) 
Is adopted in compliance with written procedures, as approved by the city manager, that provide for public notice, an opportunity for public comment, and consideration of any public comments prior to adoption; and
(4) 
Is approved by the city manager.
(c) 
Compliance with design manual.
A network provider must comply with any applicable provisions of the design manual as a condition of approval of any application, permit, or other approval required under this division or the design manual.
(Ordinance 436 adopted 8/15/2017)
A network provider that wants to connect a network node to the network using the public right-of-way may:
(1) 
Install its own transport facilities if it obtains a permit under this division and pays the public right-of-way rates in section 5.007(b)(1) of the fee schedule; or
(2) 
Obtain transport service from a person that is paying municipal fees to occupy the public right-of-way that are the equivalent of not less than $28.00 per node per month. Section 284.055, Tex. Local Gov’t Code.
(Ordinance 436 adopted 8/15/2017)
(a) 
Fees.
The network provider must pay the fees and rates established in section 5.007 of the fee schedule.
(b) 
Notice of annual increase in public right-of-way rate.
The city will provide written notice to the network provider of a new annual public right-of-way rate, adjusted as provided in section 5.007(b)(2) of the fee schedule, which shall apply to the first payment due to the city on or after 60 days following the notice.
(Ordinance 436 adopted 8/15/2017)
(a) 
Permits required by applicable codes.
In addition to the right-of-way work permit in section 5.007(a)(1) of the fee schedule, the network provider must obtain all other permits required by applicable codes and pay the rates established in section 5.007 of the fee schedule.
(b) 
Consolidated permits.
The network provider may file a consolidated application for the installation or collocation of not more than 30 network nodes and receive a single permit for a permit required by this division or an applicable code. As examples, a network provider may receive one right-of-way work permit for the installation or collocation of not more than 30 network nodes and, if an electrical permit is required, also, a network provider may receive one electrical permit for the installation or collocation of not more than 30 network nodes. Section 284.152, Tex. Local Gov’t Code.
(c) 
Issuance of permits.
The permit(s) will be issued by the engineering department if the application complies with the provisions of chapter 284, Tex. Local Gov’t Code, this division, applicable codes and the design manual.
(Ordinance 436 adopted 8/15/2017)
The review process for a permit application for installation of transport facilities, micro network node, network node, node support pole, and related ground equipment shall conform to the following, as required by section 284.154, Tex. Local Gov’t Code:
(1) 
The city will determine whether an application for a network node or node support pole is complete, specifically identify the missing information and notify the applicant of that determination within 30 calendar days after receiving the application.
(2) 
The city will determine whether an application for a transport facility is complete within 10 business days after receiving the application, specifically identify the missing information, and notify the applicant of that determination within 10 business days after receiving the application.
(3) 
An application for a permit is deemed approved if the city does not approve or deny the application for:
(A) 
A node support pole within 150 calendar days after the date the city receives a complete application.
(B) 
A network node within 60 calendar days after the date the city receives a complete application.
(C) 
A transport facility within 21 calendar days after the date the city receives a completed application.
(4) 
An application may not be denied unless the work to be performed under the permit does not comply with applicable codes.
(5) 
If an application is denied, the city will document the basis for the denial, including the specific applicable code provision on which the denial is based. Documentation of the denial will be sent to the applicant by electronic mail and certified U.S. mail, return receipt requested, on the date the city denies the application.
(6) 
Within 30 calendar days after the date the city denies the application, the applicant may cure the deficiencies identified in the denial documentation and resubmit the application without paying an additional application fee, other than a fee for actual costs incurred by the city.
(7) 
The city will approve or deny a revised completed application after a denial within 90 calendar days after the date the city receives the completed revised application. The city’s review will be limited to the deficiencies cited in the denial documentation.
(Ordinance 436 adopted 8/15/2017)