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;
(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.
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)