(a)
Purpose.
The purpose of this article is to establish
policies and procedures for the placement of node support poles in
the right-of-way and network nodes in the public right-of-way within
the city’s jurisdiction, which will provide public benefits
and will be consistent with the preservation of the integrity, safe
usage, and visual qualities of the city public right-of-way and the
city as a whole.
(b)
Intent.
In enacting this article, the city is establishing
uniform standards to address issues presented by network nodes, including
without limitation, ensuring that network nodes or node support poles
do not adversely affect,
(1)
Use of streets, sidewalks, alleys, parkways and other public ways
and places;
(2)
Vehicular and pedestrian traffic;
(3)
The operation of facilities lawfully located in public right-of-way
or public property;
(4)
The ability of the city to protect the environment, including the
prevention of damage to trees;
(5)
The character of residential and historic areas, and city parks,
in which network nodes may be installed; and
(6)
The rapid deployment of network nodes to provide the benefits of
wireless services.
(c)
Conflicts with other articles.
This article supersedes
all chapters, parts of chapters or rules adopted prior hereto that
are in conflict herewith, to the extent of such conflict.
All terms used in this article, not specifically defined herein,
have the meaning provided in chapter 284 of the Texas Local Government
Code.
Chapter 284 of the Texas Local Government Code.
Any person who submits an application and is a network provider.
A request submitted by an applicant:
Those ordinance provisions relevant to use of the public
right-of-way where compliant with applicable law.
Calendar day.
An individual, corporation, limited liability company, partnership,
association, trust, or other entity or organization, including the
city.
Work in the public right-of-way that does not require excavation
or closing of sidewalks or vehicular lanes in a public right-of-way;
Replacing or upgrading a network node or pole with a node or
pole that is substantially similar in size or smaller and that does
not require excavation or closing of sidewalks or vehicular lanes
in a public right-of-way; or
The installation, placement, maintenance, operation, or replacement
of micro network nodes that are strung on cables between existing
poles or node support poles, in the public right-of-way.
In light of prevailing industry and engineering standards,
reasons of insufficiency of capacity, safety, reliability and/or generally
applicable engineering purposes consistent with applicable law and
city code.
(b)
Permit required.
No person shall place a network node,
transport facility or node support pole in the public right-of-way,
without first filing a permit application and obtaining a permit therefor,
except as otherwise provided in this article.
(c)
Permit application.
All permit applications filed pursuant
to this article shall be on a form, paper or electronic, provided
by the city. The applicant may designate portions of its application
materials that it reasonably believes contain proprietary or confidential
information as “proprietary” or “confidential”
by clearly marking each page of such materials accordingly.
(d)
Application requirements.
The permit application shall
be made by the network provider or its duly authorized representative
and shall contain the following:
(1)
The applicant’s name, address, telephone number, and e-mail
address.
(2)
The names, addresses, telephone numbers, and e-mail addresses of
all consultants, if any, acting on behalf of the applicant with respect
to the filing of the application.
(3)
Construction and engineering drawings and information confirming
that the construction will be consistent with city code.
(f)
Information updates.
Any amendment to information contained
in a permit application shall be submitted in writing to the city
within 30 days after the change necessitating the amendment.
(g)
Application fees.
All applications for permits pursuant
to this article shall be accompanied by a fee of $500.00 for up to
five network nodes addressed in the same application, $250.00 for
each additional node in the same application; and a fee of $1,000.00
for each node support pole.
(a)
Review of applications.
The city shall review applications
for network nodes, node support poles and transport facilities in
light of their conformity with applicable law and city code and shall
issue such permits on nondiscriminatory terms and conditions subject
to the following requirements:
(1)
Within 30 days of receiving an application for a network node or
node support pole, or 10 days for a transport facility, the city shall
determine and notify the applicant whether the application is complete;
or if incomplete, the city must specifically identify the missing
information in such notification. There shall be no fee charged for
completion and resubmittal of an application.
(2)
The city shall make its final decision to approve or deny a complete
application no later than:
(3)
The city shall advise the applicant in writing of its final decision,
and, if denied, the basis for that denial, including specific provisions
of city code or applicable law on which the denial was based, and
send the documentation to the applicant on or before the day the city
denies the application. The applicant may cure the deficiencies identified
by the city and resubmit the application within 30 days of the denial
without paying an additional application fee. The city shall approve
or deny the revised application within 90 days of receipt of the amended
application. The subsequent review by the city shall be limited to
the deficiencies cited in the original denial.
(4)
If the city fails to act on an application within the review period
specified in this section, the application shall be deemed approved.
(5)
An applicant seeking to collocate network nodes may, at the applicant’s
discretion, file a consolidated application and receive permits for
up to 30 network nodes. Provided however, the city’s denial
of any node within a single application shall not affect other nodes
submitted in the same application. The city shall grant permits for
any and all nodes in a single application that it does not deny, subject
to the requirements of this section.
(b)
Review of eligible facilities requests.
Notwithstanding
any other provision of this article, the city shall approve and may
not deny applications for eligible facilities requests within sixty
(60) days according to the procedures established under 47 CFR 1.40001(c).
(a)
Maximum size of permitted use.
Collocation of permitted
use network nodes in the public right-of-way shall be subject to the
size limitations specified in chapter 284.003 of the Local Government
Code.
(b)
Undergrounding provisions.
A network provider shall
comply with nondiscriminatory undergrounding requirements, including
code sections [cite relevant Code sections here] [sic], 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.
This requirement or restriction shall not be interpreted to prohibit
a network provider from replacing an existing structure.
(c)
Historic areas and design districts.
Subject to the permit application approval time frames in section 22.16.004, a network provider must obtain advance approval from the city before collocating new network nodes or installing new node support poles in any areas zoned or designated as a historic district or as a design district if the district has decorative poles. Such installations shall be subject to the design and aesthetic standards of such areas.
(d)
Installation in municipal parks and residential areas.
A network provider may not install a new node support pole in a public
right-of-way without the city’s discretionary, nondiscriminatory,
written consent of the [cite to the ROW management district or appropriate
city department, but not city council unless required by law] [sic]
if the public right-of-way is located in a municipal park or is adjacent
to a street or thoroughfare that is:
(1)
not more than 50 feet wide; 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. A network provider shall comply with private
deed restrictions and other private restrictions when installing network
nodes in parks and residential areas.
(e)
Zoning.
A network provider seeking to construct, replace
or modify a pole or node in the public right-of-way that exceeds the
height or size limits contained in this section, shall be subject
to applicable zoning requirements.
(a)
Authority granted.
A permit from the city authorizes
an applicant to undertake only certain activities in accordance with
this article, and does not create a property right or grant authority
to the applicant to impinge upon the rights of others who may already
have an interest in the public right-of-way.
(b)
Time of installation.
A network provider shall begin
the installation for which a permit is granted not later than six
months after final approval and shall diligently pursue the installation
to completion. Provided, however, the city may place a longer time
limit on completion or grant reasonable extensions of time as requested
by the network provider.
(c)
Right to occupy.
Once a network provider has collocated
a network node or placed a node support pole pursuant to a permit,
the provider shall be permitted to continue to maintain such collocation
or such pole unless required to remove or relocate under the terms
of this article.
(d)
Interference with network nodes.
City will not grant
a permit to any person to install any network node or other wireless
facility if the city knows or has reason to know that such person’s
use of such network node of other wireless facility may in any way
adversely affect or interfere with the use and operation of an existing
and operational network node for which the city has previously issued
a permit.
(a)
Notice.
Within 90 days following written notice from
the city, a network provider shall, at its own expense, protect, support,
temporarily or permanently disconnect, remove, relocate, change or
alter the position of any network node or node support pole within
the public right-of-way whenever the city has determined that such
removal, relocation, change or alteration, is reasonably necessary
for the construction, repair, maintenance, or installation of any
city improvement in or upon, or the operations of the city in or upon,
the public right-of-way.
(b)
Emergency removal or relocation of facilities.
The city
retains the right and privilege to disconnect or move any network
node located within the public right-of-way of the city, as the city
may determine to be necessary, appropriate or useful in response to
any public health or safety emergency. If circumstances permit, the
city shall notify the network provider and allow the network provider
an opportunity to move its own facilities prior to the city disconnecting
or removing a facility and shall notify the network provider after
disconnecting or removing a network node or node support pole.
(c)
Abandonment of facilities.
Upon abandonment of a network
node or node support pole within the public right-of-way, the network
provider shall notify the city within 90 days. Following receipt of
such notice, the city may direct the network provider to remove all
or any portion of a network node or node support pole if the city,
or any of its departments, determines, subject to city code, that
such removal is necessary to protect public health, safety and welfare.
(a)
Annual rate.
Once a network provider has installed and
made operational a network node in the public right-of-way, network
provider shall pay to the city compensation for use of the public
right-of-way in the amount of $250.00 annually per node in the city
public right-of-way.
(b)
Cease payment.
A network provider is authorized to remove
its facilities at any time from the public right-of-way and cease
paying the city compensation for use of the public right-of-way following
removal and notification to the city of such removal.
Installation of transport facilities, including applicable compensation
to the city for such facilities, shall be governed by chapter 284.055
of the Texas Local Government Code.
A network provider shall comply with the city’s design
manual, if any, in place on the date a permit application is filed
in relation to work for which the city has approved a permit application.
The city’s design manual may not conflict with applicable law
and must be competitively neutral.
(Ordinance 17-053 adopted 10/24/17)
