The purpose of this article is to establish policies and procedures for the placement of wireless facilities in the public right-of-way in compliance with chapter 284, Texas Local Government Code. In enacting this article, the city is establishing uniform standards to address issues presented by wireless facilities, including without limitation, ensuring that wireless facilities 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; and
(5) 
The character of residential and historic areas, and city parks, in which wireless facilities may be installed.
(Ordinance 556 adopted 11/13/18)
In addition to this article, installation of wireless facilities, and other facilities associated with wireless service, shall comply with article 13.06 of this Code, except to the extent that article 13.06 conflicts with this article or chapter 284, Texas Local Government Code.
(Ordinance 556 adopted 11/13/18)
All terms used in this article, not specifically defined herein, have the meaning provided in chapter 284 of the Texas Local Government Code. The following words, terms, and phrases, when used in this article, shall have the meanings ascribed to them in this section, unless the context of their usage clearly indicates a different meaning:
Applicant.
Any person that submits an application.
Application.
A request submitted by a person for a permit to place, maintain, or cause to be placed or maintained wireless facilities in the public right-of-way.
Antenna.
Communications equipment that transmits or receives electromagnetic radio frequency signals used in the provision of wireless services.
Camouflage measures.
Actions taken to ensure that wireless facilities are covered, blended, painted, disguised, camouflaged or otherwise concealed such that the wireless facilities blend into the surrounding environment or supporting area and are visually unobtrusive. Camouflage measures include, without limitation, hiding wireless facilities beneath a facade, blending wireless facilities with surrounding area design, painting wireless facilities to match the supporting area, or disguising wireless facilities with artificial tree branches.
Code.
The Code of Ordinances of the City of Bulverde, Texas and all other ordinances of the City of Bulverde, Texas as the same may be revised, recodified, amended, restated, reorganized, recodified, or otherwise modified from time to time.
Collocate and 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 the code.
Historic district.
An area that is zoned or otherwise designated as a historic district under municipal, state, or federal law.
Macro tower.
A guyed or self-supported pole or monopole greater than the height parameters prescribed by section 284.103, Texas Local Government Code, and that supports or is capable of supporting antennas.
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.
Municipally owned utility pole.
A utility pole owned or operated by a municipally owned utility, as defined by section 11.003, Texas Utilities Code, and located in a public right-of-way.
Municipal park.
An area that is zoned or otherwise designated by municipal code as a public park for the purpose of recreational activity.
Network node.
Equipment at a fixed location that enables wireless communications between user equipment and a communications network. The term:
(1) 
Includes:
(A) 
Equipment associated with wireless communications;
(B) 
A radio transceiver, an antenna, a battery-only backup power supply, and comparable equipment, regardless of technological configuration; and
(C) 
Coaxial or fiber-optic cable that is immediately adjacent to and directly associated with a particular collocation.
(2) 
Does not include:
(A) 
An electric generator;
(B) 
A pole; or
(C) 
A macro tower.
Network provider.
A wireless service provider; or 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 network nodes, node support poles, transport facilities, or any 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.
A written authorization for the use of the public right-of-way or collocation on a service pole issued by the city.
Pole.
A service pole, municipally owned utility pole, node support pole, or utility pole.
Private easement.
An easement or other real property right that is only for the benefit of the grantor and grantee and their successors and assigns.
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 municipality has an interest. The term does not include:
(1) 
A private easement;
(2) 
The airwaves above a public right-of-way with regard to wireless telecommunications;
(3) 
A park road that is not formally dedicated or otherwise designated by the city as a public right-of-way; or
(4) 
Private streets established under [chapter 10, exhibit A,] section 2.04 of the code.
Public right-of-way rate.
An annual rental charge paid by a network provider to a municipality related to the construction, maintenance, or operation of network nodes within a public right-of-way in the municipality.
Service pole.
A pole, other than a municipally owned utility pole, owned or operated by a municipality 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 the city 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 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 section 51.002, Texas Utilities Code.
Wireless facility.
Includes a network node, a node support pole, a transport facility, and related ground equipment. A wireless facility is a “facility” as that term is defined in article 13.06 and a “utility” as that term is used in chapter 14 of the code.
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 service provider.
A person that provides wireless service to the public. A wireless service provider is a “utility company” as that term is defined in article 13.06.
(Ordinance 556 adopted 11/13/18)
(a) 
It shall be unlawful for any person to place, construct, modify, maintain, operate, relocate, or remove wireless facilities, or cause the same, in the public right-of-way unless the person has:
(1) 
Obtained a permit to place, construct, modify, maintain, operate, relocate, or remove wireless facilities in the public right-of-way; or
(2) 
An agreement with the city to place, construct, modify, maintain, operate, relocate, or remove wireless facilities in the public right-of-way.
(b) 
It shall be unlawful for any person to collocate a network node on a service pole without first entering into an agreement with the city and the paying a fee of $20.00 per year per service pole.
(Ordinance 556 adopted 11/13/18)
(a) 
Forms.
All permits and permit applications shall be on forms provided by the city. Except for the information required under this article, the permit application under this article shall be the same as the form for a permit application under article 13.06.
(b) 
Applications.
The permit application shall be made by the network provider or its duly authorized representative. The applicant shall designate portions of its application materials that it reasonably believes contain proprietary, trade secrets, or confidential information by clearly marking each page of such materials accordingly. In addition to any information required for an application under article 13.06, the application shall be submitted with the following information:
(1) 
Construction and engineering drawings and information sufficient to confirm that construction will be consistent with the code, the city’s design manual, chapter 284, Texas Local Government Code, and all other applicable laws;
(2) 
A certificate that the network node complies with applicable regulations of the Federal Communications Commission;
(3) 
Certification that the proposed network node will be placed into active commercial service by or for a network provider not later than the sixtieth (60th) day after the date that the construction and final testing of the network node is completed; and
(4) 
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 poles.
(c) 
Consolidated applications.
An applicant may file a consolidated permit application for not more than 30 network nodes and receive permits for such network nodes.
(d) 
Routine maintenance and replacement.
(1) 
Permit not required.
A permit shall not be required for: (A) routine maintenance or removal of wireless facilities that does not require excavation or closing of sidewalks or vehicular lanes in a public right-of-way; (B) 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; and (C) the installation, placement, maintenance, operation, or replacement of micro network nodes that are strung on cables between existing poles or node support poles, in compliance with the National Electrical Safety Code. Whether or not a replacement or upgrade is “substantially similar” shall be determined in accordance with Texas Local Government Code §§ 284.157(b) and (c).
(2) 
Notice.
A person shall provide written notice to the city manager no less than fourteen (14) days prior to conducting any activities under subsection (1) immediately above this subsection. Such written notice shall contain the following information:
(A) 
Date work is set to commence;
(B) 
Description of the work;
(C) 
Name and contact information for the company conducting the work in the public right-of-way, including a designated point of contact; and
(D) 
The written approval of the owner of any pole that will be replaced.
(3) 
Limitation on exemption.
Notwithstanding subsection (d)(1) above:
(A) 
A network provider may replace a pole only with the approval of the pole’s owner; and
(B) 
The size limitations prescribed by Texas Local Government Code § 284.003 shall not be exceeded without the approval of the city pursuant Texas Local Government Code § 284.109.
(Ordinance 556 adopted 11/13/18)
(a) 
Administrative completeness; notice.
The city shall determine whether an application is administratively complete and notify the applicant of such determination. If an application is not complete, the city shall specifically identify the missing information in the notice sent to the applicant under this subsection. The city shall send the notice to the applicant not later than:
(1) 
30 days after the date the city receives an application for a network node or node support pole.
(2) 
10 days after the date the city receives an application for a transport facility.
(b) 
Approval or denial.
The city shall make its final decision to approve or deny a complete application no later than:
(1) 
21 days after receipt of a complete application for a transport facility;
(2) 
60 days after receipt of a complete application for a network node; and
(3) 
150 days after receipt of a completed application for a node support pole.
(c) 
Notice of denial.
If the city denies a complete application, the city shall document the bases for the denial, including the specific applicable code provisions or other rules, regulations, or law on which the denial was based. The city shall send such documentation to the applicant via electronic mail on or before the date the city denies application.
(d) 
Cure.
Not later than the 30th day 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. Notwithstanding anything to the contrary, the city shall approve or deny the revised completed application after a denial not later than the 90th day after the date the city receives the completed revised application. If the revised application only revises deficiencies cited in the denial documentation, then the city’s review of the revised application is limited to the deficiencies cited in the denial documentation. All other revisions in the revised application are subject to review in accordance with this section.
(Ordinance 556 adopted 11/13/18)
(a) 
Timing.
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.
(b) 
Compliance.
Installation of wireless facilities shall comply with:
(1) 
The applicable application and permit and any agreement with the city pertaining to such installation;
(2) 
All city ordinances and regulations, including but not limited to this article, article 13.06, and the city’s design manual;
(3) 
All applicable local, state, and federal rules, regulations, and laws, including but not limited to the size limitations in Texas Local Government Code § 284.003.
(c) 
General construction and maintenance.
A network provider shall construct and maintain wireless facilities 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 applicable codes;
(4) 
Violate or conflict with the city’s public right-of-way design specifications; or
(5) 
Violate the federal Americans with Disabilities Act of 1990 (42 U.S.C. section 12101 et seq.).
(Ordinance 556 adopted 11/13/18)
(a) 
Design districts.
In addition to any area that the city may designate as a design district from time to time, the following districts are designated as design districts:
(1) 
The Village Overlay District, the boundaries of which are set in section 14.05.001 of this code.
(b) 
Historic districts.
In addition to any area that the city may designate as a historic district from time to time, the following districts are designated as historic districts:
(1) 
Downtown Bulverde Village, being located along Bulverde Road, west of Highway 281. The crossroads is at the intersections of Bulverde Road, Bulverde Lane and Cougar Bend. The Downtown Bulverde Village historic district is that area within the Study Area Boundary shown on Page 15 of the Downtown Bulverde Village: A Vision for the Future study dated February 10, 2015, available at https://bulverdetx.gov/DocumentCenter/View/1473/Downtown-Bulverde-Village-Final-Plan.
(c) 
Municipal parks.
In addition to any area that the city may designate as a municipal park from time to time, the following areas are designated as municipal parks:
(1) 
The park known locally as the Bulverde Community Park, consisting of approximately 13 acres of land located at 29815 Bulverde Lane, Bulverde, Texas 78163.
(d) 
Historic and design districts.
A network provider shall not install new network nodes or new node support poles in a historic district or in a design district that has decorative poles without advance approval from the city manager. Wireless facilities in a historic district or in a design district that has decorative poles shall comply with the city’s aesthetic and design standards for each design district with decorative poles, as maintained by the city and amended by the city manager from time to time. Within a historic district or in a design district that has decorative poles, a network provider shall use camouflage measures to the extent reasonably practicable to minimize the impact of wireless facilities within the district.
(e) 
Parks and residential areas.
A network provider shall not install a new node support pole in a public right-of-way without the discretionary, nondiscriminatory, written consent of the city manager 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 a wireless facility in municipal parks and residential areas.
(f) 
Undergrounding provisions.
A network provider shall comply with all undergrounding requirements, including but not limited to section 14.05.003 of this code, all other applicable provisions of this code, 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.
(g) 
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.
(h) 
Decorative poles.
No appurtenances or attachments, other than specially designed informational or directional signage or temporary holiday or special event attachments, shall be placed on any streetlight pole specially designed and placed for aesthetic purposes.
(Ordinance 556 adopted 11/13/18)
(a) 
With notice.
Unless agreed upon otherwise, within 30 days following written notice from the city, a network provider shall remove any wireless facility within the public right-of-way whenever the city has determined that:
(1) 
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;
(2) 
Any wireless facility violates this article or any other ordinance, law, rule, or other regulation;
(3) 
A wireless facility is abandoned.
(b) 
Penalty; removal by city.
If a network provider fails to take any action required by this section within the 30-day time limit in subsection (a), above, then the network provider shall be guilty of a misdemeanor for each day that the wireless facility remains in the public right-of-way. Additionally, the city may take such action at the sole cost and expense of the network provider and without any liability to the network provider. Within 30 days of receiving an invoice from the city for work performed by the city under this subsection, a network provider shall reimburse the city’s costs and expenses associated with the removal of its wireless facility, including but not limited to all administrative and legal expenses, attorney fees, engineering fees, equipment fees, and any and all other costs incurred by the city. The remedies provided in this subsection are cumulative, and the filing of a criminal case or the removal of wireless facilities by the city shall not constitute and election of remedies.
(c) 
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.
(d) 
Abandonment of facilities.
If a network provider abandons a wireless facility, then the network provider shall notify the city within 30 days of such abandonment. Such network provider shall remove such abandoned facility within 30 days of such abandonment.
(Ordinance 556 adopted 11/13/18)
(a) 
Annual rate.
A network provider shall pay to the city an amount of $250.00 annually per node in the public right-of-way. Such annual rate shall be paid in full prior to the installation of any network node within the public right-of-way; shall be due in full on January 31st of each year following installation of any network node; and shall not be prorated.
(b) 
Transport facility rate.
A network provider shall pay to the city a monthly public right-of-way rate in an amount equal to $28.00 multiplied by the number of such network provider’s network nodes in the public right-of-way for which the installed transport facilities provide backhaul unless or until the time the network provider’s payment of fees to the city under chapters 283 and 66, Texas Local Government Code, exceeds its monthly aggregate per-node compensation to the city under this subsection. Each payment due under this subsection shall be paid prior to installation of any transport facility; shall be payable on the 1st day of each month following installation; and shall not be prorated. A network provider may choose to pay the public right-of-way rate under this subsection in a single annual payment on January 31st of each year following installation of a transport facility.
(c) 
Cease payment.
A network provider may cease paying the city compensation for use of the public right-of-way following removal of such network provider’s wireless facilities and notification to the city of such removal. No amounts paid to the city by any network provider under this article shall be refunded under any circumstances.
(Ordinance 556 adopted 11/13/18)
(a) 
City notices.
The city shall be deemed to have complied with all requirements for notices and correspondence under this article and under article 13.06 if the city sends the notice or correspondence in writing to either the email address or the physical address stated in the relevant application filed by a network provider, or as updated by such network provider as required by this article. For notice or correspondence sent by email, such notice or correspondence shall be deemed sent and received on the date that the city sends such email. For notice or correspondence sent by physical mail, such notice or correspondence shall be deemed to have been received by the network provider on the third day after the deposit of such notice or correspondence with the United States Postal Service properly addressed and with proper postage.
(b) 
Network provider notices.
All notices or correspondence to be sent by a network provider shall be provided to the city via certified mail, return receipt requested to City of Bulverde, attn: City Manager, 30360 Cougar Bend, Bulverde, Texas 78163, or such other address as may be designated by the city manager from time to time and as reflected in the application and permit forms. Such notices or correspondence shall be deemed received by the city on the date of actual receipt.
(Ordinance 556 adopted 11/13/18)