For the purposes of this article, the following definitions apply:
Abandoned
means cessation of use of telecommunications facilities for a period in excess of 60 days.
Administrative approval
means approval granted after administrative review.
Administrative review
means non-discretionary evaluation of an application. This process is not subject to a public hearing nor any other type of zoning or site plan review. The requirements and procedures for administrative review are established in section 44-74 of this article.
Collocation
means the placement or installation of telecommunications facilities on or within an existing structure, in compliance with applicable codes, and without a substantial modification of the existing structure.
Existing structure
means a previously erected support structure or utility pole that is capable of supporting the installation of telecommunications facilities.
Minor modifications
means improvements that change the telecommunication facilities on an existing structure and/or the existing structure itself but of a level, quality or intensity that is less than a substantial modification. For purposes of this article, minor modifications include replacements.
Ordinary maintenance
means activities ensuring that telecommunications facilities and support structures are kept in good operating condition. Ordinary maintenance includes (i) inspections, testing and modifications that maintain functional capacity and structural integrity (for example, the strengthening of an existing structure's foundation or the existing structure itself); (ii) replacing telecommunications facilities of a similar size, weight, shape and color on or within an existing structure; and (iii) relocating relevant portions of the telecommunications facilities to different height levels on existing structures upon which they are currently located. Ordinary maintenance does not include substantial modifications.
Public right-of-way
means any public street, alley, sidewalk, or parkway that is owned or granted by easement, operated or controlled by the City of Harlingen.
Replacement
means constructing a support structure of equal proportions and of equal height or such other height that would not constitute a substantial modification to the existing structure for which this new support structure is substituting in order to support telecommunications facilities or to accommodate collocation.
Special use permit approval
means approval granted after special use permit review as provided by chapter 111 of the Code of Ordinances of the City of Harlingen.
Special use permit review
means evaluation of an application by the process applicable the special use permits under chapter 111 of the Harlingen Code of Ordinances.
Substantial modification
means meets any one or more of the following criteria:
(1) 
Increases the existing structure's vertical height by more than 20 percent or ten feet, whichever is greater;
(2) 
Adds an appurtenance to the body of an existing structure that protrudes horizontally from the edge of the existing structure more than six feet, or more than the width of the existing structure at the level of the appurtenance, whichever is greater,
(3) 
Entails any excavation or deployment outside the current area occupied by the existing structure; or
(4) 
Does not comply with conditions associated with the prior approval of the existing structure or telecommunications facilities, unless non-compliance is due to an increase in height, increase in width, or new excavation that does not exceed the corresponding substantial modification thresholds.
Support structure
means a structure proposed by applicant to support telecommunications facilities, including steel monopoles, wooden or concrete utility poles, or other freestanding structures, as approved under this article.
Telecommunications facilities
means all equipment and network components owned, operated, leased or subleased in connection with the operation of a telecommunications network, including, but not limited to, voice, data, and interne, that are installed on or within the support structure or utility pole, as applicable. Telecommunications facilities includes, without limitation, directional antennas (such as microwave dishes) and omnidirectional antennas (such as canisters and whips), radio transceivers, coaxial or fiber optic cables, regular and back-up power supplies, and comparable equipment, regardless of technological configuration.
Utility pole
means a previously erected structure owned and/or operated by a public utility, municipality, electric membership corporation or rural electric cooperative that is designed specifically for and used to carry lines, cables, or wires for telephone, cable television, or to provide lighting.
(Ordinance 2017-32, § 1, adopted 9/5/2017)
No person, firm, corporation, association, utility or entity shall enter upon the public right-of-way, or in any manner establish a physical presence on, upon, in or over the public right-of-way for the purpose of installing, constructing, maintaining and operating telecommunications facilities, support structures or related facilities and appurtenances thereto unless it possesses a service provider certificate of authority to provide data only, facilities-based, and resale telecommunications services from the Public Utility Commission of Texas (the "certificate") and express written permission of the City of Harlingen as set forth in this article.
(Ordinance 2017-32, § 2, adopted 9/5/2017)
(a) 
Administrative approval. The following applications for telecommunications facilities and support structures in the public rights-of-way are subject to administrative review:
(1) 
Collocations and minor modifications in any zoning district;
(2) 
Support structures that are less than or equal to 60 feet in height in any zoning district except residential districts;
(3) 
Support structures that are less than or equal to 45 feet in height in any residential district; and
(4) 
Support structures that are less than or equal to 120 feet in height in any industrial district and commercial district.
(b) 
Special use permit approval. The following applications shall be permitted in any zoning district subject to special permit review:
(1) 
Substantial modifications; and
(2) 
Support structures not permitted in the underlying zoning district as set forth in subsection (a) above.
(c) 
Ordinary maintenance shall not be subject to the approval process.
(Ordinance 2017-32, § 3, adopted 9/5/2017)
(a) 
Content of administrative review applications.
All applications subject to administrative review must contain the following:
(1) 
An application form signed by applicant;
(2) 
Evidence of the certificate;
(3) 
The applicable administrative review application fee;
(4) 
Proof of insurance as set forth in subsection 44-78(c) below;
(5) 
Site plans detailing proposed improvements;
(6) 
Equipment specifications and method of installation; and
(7) 
For collocations, a pole loading analysis certified by a professional structural engineer.
(b) 
Procedure for administrative review.
(1) 
Applications for a support structure with proposed telecommunications facilities shall be considered together as one application requiring a single administrative review application fee.
(2) 
Within 30 days of receipt of an application subject to administrative review, the department of planning and development shall either (a) inform the applicant in writing the specific reasons why the application is incomplete and does meet the submittal requirements; or (b) deem the application complete.
(3) 
An applicant that receives notice of an incomplete application may submit additional documentation to complete the application. An applicant's unreasonable failure to complete the application within 30 days after receipt of written notice shall constitute a withdrawal of the application without prejudice. An application withdrawn without prejudice may be resubmitted upon the filing of a new administrative review application fee.
(4) 
The department of planning and development shall issue a written decision granting or denying the request within 30 days of the initial submission of the application, ten days if for transport facilities only, unless:
a. 
The department of planning and development notified applicant that its application was incomplete, in which case, the decision will be issued within 90 days; or
b. 
Extension of time is agreed to by the applicant.
Failure to issue a written decision within 30 days, ten days in the case of transport facilities only, unless otherwise set forth in this subsection 44-74(b), shall constitute an approval of the application.
(5) 
Should the department of planning and development deny the application, it will specify the areas of non-compliance.
(Ordinance 2017-32, § 4, adopted 9/5/2017)
(a) 
Content of special use permit review applications.
All applications subject to special use permit review must contain the following:
(1) 
An application form signed by applicant;
(2) 
Evidence of the certificate;
(3) 
The applicable special permit review application fee;
(4) 
Proof of insurance as set forth in subsection 44-78(c) below;
(5) 
Written description and scaled drawings of the proposed substantial modification or the proposed support structure, whichever applicable, including structure height, ground and structure design, and proposed materials;
(6) 
Line-of-sight diagram or photo simulation, showing the proposed substantial modification or the proposed support structure, whichever applicable, viewed from at least four directions within the surrounding areas; and
(7) 
A copy of the notification that will be sent out to property owners as set forth in subsection 44-75(b)(5) below.
(b) 
Procedure for special permit review.
(1) 
Applications for a support structure with proposed telecommunications facilities shall be considered together as one application requiring a single special permit review application fee.
(2) 
Applications shall follow the process established by chapter 111, article XV, for Special Use Permits.
(Ordinance 2017-32, § 5, adopted 9/5/2017)
(a) 
A person granted a permit shall pay an annual public right-of-way rate of $250.00 per network node.
(b) 
A person granted a permit to install a transport facility shall pay a public right-of-way rate of $28.00 per node, per month.
(c) 
The city shall allow collocation of network nodes on service poles for a fee of $20.00 per year, per service pole.
(Ordinance 2017-32, § 6, adopted 9/5/2017)
(a) 
Design.
Support structures and telecommunications facilities shall utilize building materials that are compatible with the surrounding area and environment.
(b) 
Lighting.
Support structures or telecommunications facilities shall not be lighted or marked by artificial means, except when mounted on an existing light pole or where illumination is specifically required by the Federal Aviation Administration or other federal, state or local regulations.
(c) 
Signage.
Signs located at the support structure or telecommunications facilities shall be limited to ownership and contact information, Federal Communications Commission ("FCC") antenna registration number (if required) and any other information as required by government regulation. Any other identification or commercial advertising shall be strictly prohibited, except for applicable warning and equipment information signage required by the manufacturer or by federal, state or local regulations.
(d) 
Radio frequency emissions and non-interference.
Applicant shall comply with all applicable FCC standards.
(Ordinance 2017-32, § 6, adopted 9/5/2017)
(a) 
Abandonment and removal.
The City of Harlingen may require that abandoned telecommunications facilities be removed by providing written notice to the owner of such telecommunications facilities and giving the owner the opportunity to take such action(s) as may be necessary to reinstate the telecommunications facilities within 30 days of receipt of said written notice. In the event the owner of such Abandoned Telecommunications Facilities fails to reinstate service within the 30-day period, the owner shall be required to remove the same within 30 days thereafter. In the event the owner fails to remove the foregoing abandoned telecommunications facilities within the 30-day period, the City of Harlingen may cause such removal and any costs associated with such removal shall be charged to the owner.
(b) 
Liability.
(1) 
Applicant hereby assumes all risk for liability for damages that may occur to persons or property on account of the proposed work, whether completed by applicant or applicant's agent or contractor completing, installing, or maintaining the work on applicant's behalf applicant shall procure and maintain liability insurance to protect the public from injuries occurring as a result of the proposed work and to protect the City of Harlingen from all liability and damages on account of injuries to workers, as provided by law, and to protect the City of Harlingen from all liability and damages occasioned by the proposed work.
(2) 
Applicant shall procure "certificates of insurance" or other satisfactory evidence to show applicant carries:
a. 
Commercial general liability insurance and commercial automobile liability insurance covering the City of Harlingen against any and all claims, injury or damage to persons or property, both real and personal, caused by the proposed work, in an amount not less than $1,000,000.00 per occurrence (combined single limit), including bodily injury and property damage, and in an amount not less than $2,000,000.00 animal aggregate for each personal injury liability; and
b. 
Statutory workers' compensation and employer's liability insurance in an amount not less than $1,000,000.00.
(3) 
All insurance coverages shall name the City of Harlingen as an additional insured and shall require the insurer to notify the City of Harlingen at least 30 days in advance of any cancellation or change in insurance coverages.
(4) 
Applicant shall procure proof that all contractors and all of their subcontractors who perform work on behalf of applicant shall carry, in full force and effect, workers' compensation and employers' liability, comprehensive general liability and automobile liability insurance coverages of the type that applicant is required to obtain under this subsection 44-78(c) with the same limits.
(c) 
Indemnification.
In accordance with Texas Local Government Code § 283.057, applicant shall defend, indemnify, and hold harmless the City of Harlingen, its council, boards, commissions, officers, agents, volunteers, and employees from and against any and all loss, damages, liability, claims, suits, costs and expenses, whatsoever, including reasonable attorney's fees, regardless of the merit or outcome of any such claim or suit, resulting from the alleged acts or omissions of permittee, its officers, agents, or employees in connection with the permitted work. Nothing contained herein shall be construed as obligating permittee to indemnify the City of Harlingen for losses resulting from its sole or active negligence or willful misconduct.
(Ordinance 2017-32, § 7, adopted 9/5/2017)