This article shall be known, and may be cited, as the “city right-of-way management ordinance.” The purpose of this article is to:
(1) 
Provide for the competitively neutral and nondiscriminatory management of the physical use, occupancy and maintenance of the city’s public right-of-way;
(2) 
Secure fair and reasonable compensation for the physical use and occupancy of the city’s public right-of-way in a nondiscriminatory and competitively neutral manner; and
(3) 
Assist the city in protecting the public health, safety, and welfare.
(Ordinance 2017-08 adopted 8/29/17)
This article shall be construed in accordance with the Texas Local Government Code, and the this Code of Ordinances in effect on the date of passage, to the extent that such code is not in conflict with or in violation of the constitution and laws of the United States or the state, and is subject to the city’s ongoing authority to adopt reasonable police power based regulations to manage its public right-of-way, pursuant to this article or as otherwise provided by law.
(Ordinance 2017-08 adopted 8/29/17)
For the purposes of this article, the following terms shall have the meanings ascribed to them in this section, unless the context clearly indicates otherwise. Further, the definitions found in the city design manual for the installation of network nodes and node support poles (“city design manual”) are hereby incorporated into this article and shall apply unless the context clearly indicates or requires a different meaning:
Antenna.
Communications equipment that transmits or receives electromagnetic radio frequency signals used in the provision of wireless services.
Applicable codes.
The uniform building, fire, electrical, plumbing, or mechanical codes adopted by a recognized national code organization and further adopted, as amended, by the city.
Applicant.
Any network provider who submits a permit application pursuant to this article.
City code.
The City of Buda ordinance provisions relevant to the use of public right-of-way.
Code.
Texas Local Government Code.
Collocate or collocation.
The installation, mounting, maintenance, modification, operation, or replacement of network nodes in a public right-of-way on or adjacent to a pole.
Decorative pole.
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 city codes and ordinances.
Design district.
An area that is zoned or otherwise designated by the city for which the city maintains and enforces unique design and aesthetic standards on a uniform and nondiscriminatory basis.
Easement.
Any public easement or other compatible use created by dedication, or by other means for public utility purposes or any other purpose whatsoever. “Easement” shall include a private easement used for the provision of utilities.
Historic district.
An area that is zoned or otherwise designated as a historic district under municipal, state, or federal law.
Micro network node.
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.
An area that is zoned or otherwise designated by the city as a public park for the purpose of recreational activity.
Municipally owned utility pole.
A utility pole owned or operated by a municipally owned utility, as defined by V.T.C.A., Utilities Code § 11.003, and located in a public right-of-way.
Network node.
Equipment at a fixed location that enables wireless communications between user equipment and a communications network. The term network node includes: (1) equipment associated with wireless communications, including, but not limited to, distributed antenna systems (DAS) and small cells; (2) a radio transceiver, an antenna, a battery-only backup power supply, and comparable equipment, regardless of technological configuration; and (3) coaxial or fiber-optic cable that is immediately adjacent to and directly associated with a particular collocation. The term network node does not include: (A) an electric generator; (B) a pole; or (C) a macro tower, as defined by V.T.C.A., Local Government Code § 284.002.
Network provider.
A network provider is either: (1) a wireless service provider; or (2) 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: (A) network nodes; or (B) node support poles or any other structure that supports or is capable of supporting a network node.
Node support pole.
A pole installed by a network provider for the primary purpose of supporting a network node.
Permit.
For the purpose of division 3, a written authorization for the use of the public right-of-way or collocation on a service pole required from the city before a network provider may perform an action or initiate, continue, or complete a project over which the municipality has police power authority.
Person.
A natural person, partnership, cooperative association or corporation, whether or not organized for profit, and governmental entity, and specifically includes the contractor and subcontractor performing work for a utility entity or network provider.
Pole.
A service pole, city-owned utility pole, node support pole, or utility pole.
Public right-of-way.
The area on, below, or above a public roadway, highway, street, public sidewalk, alley, waterway, or utility easement in which the city has an interest. The term does not include: (1) a private easement; or (2) the airwaves above a public right-of-way with regard to wireless telecommunications.
Service pole.
A pole, other than a municipally owned utility pole, owned or operated by the city and located in a public right-of-way, including:
(1) 
A pole that supports traffic-control functions;
(2) 
A structure for signage;
(3) 
A pole that supports lighting, other than a decorative pole; and
(4) 
A pole or similar structure owned or operated by a municipality and supporting only network nodes.
Transport facility.
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.
Utility.
Any person, not an agent or representative of the city, who installs, constructs, or maintains facilities to provide electric, gas, water, sewer, telecommunication, wireless service or cable television service to members of the public, whether residing in or out of the corporate limits; provided that it includes any person who constructs, installs, or maintains facilities in the city for intrastate or interstate telecommunication services.
Utility pole.
A pole that provides: (1) electric distribution with a voltage rating of not more than 34.5 kilovolts; or (2) services of a telecommunications provider, as defined by V.T.C.A., Utilities Code § 51.002.
Wireless service.
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 facilities.
“Micro network nodes,” “network nodes,” and “node support poles,” and related equipment as defined in this article.
Wireless service provider.
A person that provides wireless service to the public.
Work.
Digging, excavating, tunneling, or boring in or under any public right-of-way, or cutting or breaking the paved surface in any public right-of-way, in connection with the construction, repair, or maintenance of utility facilities.
(Ordinance 2017-08 adopted 8/29/17)
(a) 
A utility or network provider shall construct and maintain the infrastructure described in this article 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 or network providers;
(3) 
Violate nondiscriminatory applicable codes;
(4) 
Violate or conflict with the city’s publicly disclosed public right-of-way design specifications; or
(5) 
Violate the federal Americans with Disabilities Act of 1990, as amended.
(b) 
In addition to the regulations in subsection (a) above, the following specific regulations apply to utilities and network providers performing work in the public right-of-way and city-owned property:
(1) 
Obstruct, impede, or hinder the usual travel or public safety on a public right-of-way.
(2) 
No public right-of-way shall be completely closed to traffic.
(3) 
Work shall not be performed during hours of darkness.
(4) 
Subsections (b)(1), (b)(2), and (b)(3), above, shall not apply to emergency repairs necessary to restore utility service or to prevent harm to persons or property.
(5) 
All unnecessary equipment and debris shall be kept off the public right-of-way and the work shall be performed so as to facilitate the normal flow of traffic.
(6) 
Excavations and pavement cuts shall be maintained so as to avoid a hazard to vehicles and pedestrian traffic until permanent repairs are completed.
(7) 
Barricades, signs, lights, warnings, and traffic-control procedures shall be utilized in accordance with the current requirements of the Texas Manual on Uniform Traffic-Control Devices, adopted by the state department of highways and public transportation.
(8) 
All applicable state and municipal trench safety standards shall be met.
(9) 
All work in the public right-of-way shall be diligently conducted and completed as soon as practicable.
(c) 
The city engineer may exempt the utility from any of the above regulations for good cause, and, where alternate arrangements are required to protect the public interest, such alternate arrangements are noted on the face of the permit, as applicable.
(Ordinance 2017-08 adopted 8/29/17)
Except as provided herein, the provisions of this article shall apply to all persons, utility, network provider and any other entity designing or installing utilities, wireless facilities or transportation facilities within the city’s corporate limits and within the city’s extraterritorial jurisdiction, as allowed by law. The installation of any utility, wireless facility or transportation facility not in accordance with this article, the City Code of Ordinances, the City Design Manual, the City of Austin Transportation Criteria Manual, as adopted by the city, or any applicable codes shall constitute a violation subject to penalty punishable by a fine of not more than five hundred and no/100 dollars ($500.00). Each day that such violation continues shall be a separate offense. To the extent that any clause, phrase, provision, sentence or part of this article or any of the applicable city law adopted by this article conflicts with V.T.C.A., Local Government Code chapter 284, this article and such law shall not apply.
(Ordinance 2017-08 adopted 8/29/17)