(a) 
Purpose.
The purpose of this article is to establish policies and procedures for the installation of small cell antenna facilities and the placement of network nodes and node support poles in the city's public rights-of-way, which will provide public benefit consistent with the preservation of the integrity, safe usage, and visual qualities of the city's public rights-of-way and the city as a whole.
(b) 
Scope and intent.
In enacting this article, the city intends to exercise its authority over small cell facilities located in the public rights-of-way by establishing uniform standards to address potential issues, including without limitation:
(1) 
Prevent interference with the use of rights-of-way and other public places, including but not limited to, streets, sidewalks, medians and parkways;
(2) 
Prevent the creation of visual and physical obstructions and other conditions hazardous to vehicular and pedestrian traffic;
(3) 
Prevent interference with the facilities and operations of facilities lawfully located in public rights-of-way or on public property at the time a permit is granted;
(4) 
Protect against environmental damage, including damage to trees;
(5) 
Preserve the character of residential and historic areas, city parks and deign districts, where facilities may be installed; and
(6) 
Facilitate rapid deployment of small cell facilities and network nodes to provide the benefits of wireless services to citizens.
(c) 
Reference.
This article shall be referred to as the "Small Cell Wire Facilities Ordinance."
(Ordinance 3473, § 2, adopted 8/28/2017)
(a) 
Authority.
This article is enacted pursuant to and in accordance with Chapter 284 of the Texas Local Government Code.
(b) 
Application.
This article applies to all wireless services providers who place small cell antenna wireless facilities in, on or over the city's public rights-of-way.
(c) 
Zoning.
Applications to construct, modify, maintain, operate, relocate, remove or replace a network node or node support shall be treated as a permitted use, exempt from the requirement of a special use permit or other zoning review or land use approval.
(d) 
Conflicts with other articles.
This article supersedes all articles adopted prior to the effective date of this article to the extent such article conflicts with any prior article.
(e) 
Conflicts with state and federal laws.
In the event that applicable federal or State laws or regulations conflict with the requirements of this chapter, the network provider shall comply with the requirements of this article to the maximum extent possible without violating federal or State laws or regulations.
(f) 
Administration.
This article shall be administered by the city engineer.
(g) 
Design Manual.
Additional policies and procedures for the installation and construction of network nodes and node support poles in the public rights-of-way that include installation details are hereby included and adopted as the City of North Richland Hills Small Cell Wireless Facilities Design Manual (Design Manual), which is attached hereto to this article as Exhibit "A" and incorporated herein for all purposes as if set forth in this article.[1]
[1]
Editor's note – Exhibit A, City of North Richland Hills Small Cell Wireless Facilities Design Manual (Design Manual), is included as an attachment to this chapter.
(Ordinance 3473, §§ 2,(Exh. A), adopted 8/28/2017)
All terms used in this article shall have the meaning ascribed to them in Chapter 284 of the Texas Local Government Code and in the City of North Richland Hills Small Cell Wireless Facility Design Manual.
(Ordinance 3473, § 2, adopted 8/28/2017)
(a) 
Permit required.
A permit is required for the placement of a small cell wireless facilities in the public rights-of-way, except as otherwise provided in this article.
(b) 
Permit application.
All applications pursuant to this article shall be filed on a form provided by the city. The applicant may designate material as "proprietary" or "confidential" by clearly marking each page of such materials accordingly.
(c) 
Application requirements.
The application shall be made in accordance with the requirements set forth in the Design Manual.
(d) 
Application fees.
Unless otherwise provided by law, all applications for permits pursuant to this article shall be in accordance with Appendix A, Fee Schedule.
(e) 
Time for review.
The city shall comply with all timelines for review and approval of a permit application as set forth in Chapter 284, Section 284.154.
(Ordinance 3473, § 2, adopted 8/28/2017)
The following locations of the city of North Richland Hills shall be and are hereby designated to be Design Districts within the meaning of Chapter 284 of the Texas Local Government, Section 284.002.
(a) 
HomeTown (Town Center zoning district)
(b) 
Iron Horse Transit Oriented Development District
(c) 
Smithfield Transit Oriented Development District
(d) 
City Point
(Ordinance 3473, § 2, adopted 8/28/2017)
(a) 
Authority granted; no property right or other interest created.
A permit from the city authorizes an applicant to undertake only certain activities in accordance with this article in city rights-of-way, and does not create a property right or grant authority to the applicant to impinge upon the rights of others who may have an interest in the rights-of-way.
(b) 
Locations.
In the event that the actual locations of any wireless facilities deviate in any material respect from the locations identified in the plans, drawings and specifications submitted with the application, the applicant shall notify the city prior to completion of the work.
(c) 
Duration.
No permit issued under this article shall be valid for a period longer than six months unless construction is actually begun within that period and is thereafter diligently pursued to completion.
(Ordinance 3473, § 2, adopted 8/28/2017)
(a) 
Notice.
Within 90-days following written notice from the city, network provider shall, at its own expense, protect, support, temporarily or permanently disconnect, remove, relocate, change or alter the position of any small cell wireless facilities within the rights-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 rights-of-way.
(b) 
Emergency removal or relocation of facilities.
The city retains the right and privilege to cut or move any small cell wireless facilities located within the rights-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 attempt to notify the network provider, if known, prior to cutting or removing a wireless facility and shall notify the network provider, if known, after cutting or removing a small cell facility.
(Ordinance 3473, § 2, adopted 8/28/2017)
Upon abandonment of a small cell wireless facility within the rights-of-way of the city, 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 the small cell wireless facility if the city engineer determines that such removal will be in the best interest of the public health, safety and welfare.
(Ordinance 3473, § 2, adopted 8/28/2017)
(a) 
Insurance, bonding, and security deposits shall be in provided in strict accordance with the city requirements for utility work within the public rights-of-way.
(b) 
Indemnity shall be provided in accordance with Local Government Code Chapter 283, Section 283.057 (a) and (b), as amended or revised.
(Ordinance 3473, § 2, adopted 8/28/2017)