OR 2017-1480 Design Manual for Node InstallationORDINANCE NO. 2017-1480
AN ORDINANCE OF THE CITY OF COPPELL, TEXAS,
ADOPTING THE CITY OF COPPELL DESIGN MANUAL FOR
THE INSTALLATION OF NODES AND NODE SUPPORT POLES
IN THE CITY RIGHTS-OF-WAY, PURSUANT TO TEXAS LOCAL
GOVERNMENT CODE CHAPTER 284; AND DESIGNATING
DESIGN DISTRICS FOR THE INSTALLATION OF NETWORK
NODES AND NODE SUPPORT POLES; PROVIDING A
REPEALING CLAUSE; PROVIDING A SEVERABILIITY
CLAUSE; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, Chapter 284 of the Local Government Code, effective September 1, 2017, provides
a regulatory framework governing the installation of Nodes and Node Support Poles in the City's
Right -of -Way; and
WHEREAS, pursuant to Chapter 284, Network Providers installing wireless equipment in the
City's Right -of -Way must comply with the Design Manual adopted by the City for that purpose;
and
WHEREAS, Chapter 284 authorizes the City to designate Design Districts and Historic Districts,
wherein heightened aesthetic requirements may be applied to such equipment; and
WHEREAS, the City of Coppell has determined that certain areas of the city which should be
designated as design districts, for purposes of Chapter 284, in order to preserve the character and
aesthetic qualities of these areas;
WHEREAS, the City Council, in the exercise of its legislative discretion, has concluded that the
areas described below shall be designated as Design Districts for these purposes, and the attached
Design Manual should be approved.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
COPPELL, TEXAS, THAT:
SECTION 1. The areas of the City of Coppell depicted on Exhibit A, attached hereto and
incorporated herein, are hereby designated as Historic Districts and Design Districts for the
installation of network nodes and node support poles, pursuant to Chapter 284 of the Local
Government Code.
Historic District Number 1 is the area referred to as Coppell Old Town/Historic District.
Its boundaries are: depicted in Exhibit A.
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Currently designated Design District areas are:
(a) Design District Number 1 is the area referred to as Town Center District.
Its boundaries are: depicted in Exhibit A.
(b) Design District Number 2 is the area referred to as Retail District. Its
boundaries are: depicted in Exhibit A.
(c) Design District Number 1 is the area referred to as Commercial District. Its
boundaries are: depicted in Exhibit A.
(d) Design District Number 2 is the area referred to as Highway Commercial
District. Its boundaries are: depicted in Exhibit A.
SECTION 2. The Coppell Design Manual for the Installation of Network Nodes and Node
Support Poles, attached hereto as Exhibit "B", is hereby adopted. All Network Providers seeking
to install wireless equipment in the public rights-of-way of the City of Coppell pursuant to Chapter
284 of the Local Government Code must comply with this Design Manual.
SECTION 3. That the City Manager and/or his designee is hereby authorized to amend the
Design Manual as he determines to be necessary and appropriate and in the best interest of the
City.
SECTION 4. All provisions of the ordinances of the City of Coppell in conflict with the
provisions of this Ordinance be, and the same are hereby, repealed, and all other provisions of the
ordinances of the City of Coppell not in conflict with the provisions of this Ordinance shall remain
in full force and effect.
SECTION 5. If any section, paragraph, subdivision, clause, phrase or provision of this Ordinance
shall be judged to be invalid or unconstitutional by a court of competent jurisdiction, the same
shall not affect the validity of this Ordinance as a whole or any portion thereof other than the
portion so decided to be invalid or unconstitutional.
SECTION 6. This Ordinance shall take effect immediately from and after its passage and the
publication of the caption, as the law and charter in such case provide.
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DULY PASSED BY THE CITY COUNCIL OF THE CITY OF COPPELL, TEXAS, ON
THIS THE DAY OF , 2017.
ATTEST:
City Secretary
APPROVED AS TO FORM:
City Attorney
APPROVED:
Mayor
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DULY PASSED BY THE CITY COUNCIL OF THE CITY OF COPPELL, TEXAS, ON
THIS THE � DAY OF , 2017. 1
ATTEST:
0�it/yv"Secretadryy 4J
APPROVED AS TO FORM:
` n -UgA,
City Attorney
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EXHIBIT "A"
Design Districts
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Historic District, Design Districts and Underground Area Map for City of Coppell
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EXHIBIT `B"
City of Coppell
Design Manual
TM 88063
Design Manual
for the
Installation of Network Nodes and Node Support Poles
pursuant to Tex. Loc. Gov. Code, Chapter 284.
Table of Contents
SECTION 1. PURPOSE AND APPLICABILITY.......................................................................................................................3
SECTION 2. DEFINITIONS..............................................................................................................................................................3
SECTION 3. PROHIBITED AND PREFERRED LOCATIONS OF MICRO NETWORK NODE, NETWORK
NODE, NODE SUPPORT POLE AND RELATED GROUND EQUIPMENT..................................................................7
SECTION 4. GUIDELINES ON PLACEMENT......................................................................................................................11
SECTION 5. GENERAL AESTHETIC REQUIREMENTS...................................................................................................15
SECTION 6. ELECTRICAL SUPPLY.........................................................................................................................................16
SECTION 7. INSURANCE, INDEMNITY, BONDING AND SECURITY DEPOSITS.............................................16
SECTION 8. REQUIREMENTS IN REGARD TO REMOVAL, REPLACEMENT, REPLACEMENT,
MAINTENANCE AND REPAIR...................................................................................................................................................16
SECTION 9. INSTALLATION AND INSPECTIONS............................................................................................................18
SECTION 10. REQUIREMENTS UPON ABANDONMENT OF OBSOLETE MICRO NETWORK NODE,
NETWORK NODE, NODE SUPPORT POLE AND RELATED GROUND EQUIPMENT......................................18
SECTION 11. GENERAL PROVISIONS..................................................................................................................................19
SECTION 12. ADMINISTRATIVE HEARING - REQUEST FOR EXEMPTION ERROR! BOOKMARK NOT
DEFINED.
SECTION 13-19 RESERVED.......................................................................................................................................................20
SECTION 20. DESIGN MANUAL - UPDATES.....................................................................................................................20
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SECTION 1. PURPOSE AND APPLICABILITY.
The City of Coppell ("City") recognizes that the State of Texas has delegated to the City
the fiduciary duty, as a trustee, to manage the public right-of-way for the health, safety, and welfare
of the public to Texas municipalities.
Purpose: Loc. Gov. Code, Chapter 284 allows certain wireless Network Providers to install
in the public rights-of-way their wireless facilities, described and defined in Tex. Loc. Gov. Code,
Chapter 284, Sec. 284.002 as "Micro Network Nodes", "Network Nodes", and "Node Support
Poles".
As expressly allowed by Tex. Loc. Gov. Code, Chapter 284, Section 284.108, and
pursuant to its police power authority reserved in Sec. 284.3011, the City enacts these Design
Guidelines in order to meet its fiduciary duty to the citizens of the City, and to give assistance and
guidance to wireless telecommunications providers to assist such companies in the timely,
efficient, safe and aesthetically pleasing installation of technologically competitive equipment.
Applicability: This Design Manual is for siting and criteria for the installation Wireless
Facilities, including Micro Network Nodes, Network Nodes, Node Support Poles and related
ground equipment being installed pursuant to Loc. Gov. Code, Chapter 284
This Design Manual shall apply to any sitings, installations, collocations in, on, over or
under the public rights-of-way of Network nodes, Node support poles, Micro network nodes,
Distributed Antenna Systems, microwave communications or other Wireless Facilities, by
whatever nomenclature, whether they are installed pursuant to Chapter 284, or installed pursuant
to an agreement as agreed to and consented to by the City in its discretion, or installed as may
otherwise be allowed by state law.
City Rights -of -Way Management Ordinance: A Network Provider shall comply with the
City's Rights -of -Way Management Ordinance except where in conflict with this Design Manual
or Chapter 284, Subchapter C.
SECTION 2. DEFINITIONS.
The definitions as used in Tex. Loc. Gov. Code, Chapter 284, Sec. 284.002 shall be used in this
Design Manual, unless otherwise noted in this Section 2, below.
Abandon and its derivatives means the facilities installed in the right-of-way (including by way of
example but not limited to: poles, wires, conduit, manholes, handholes, cuts, network nodes and
node support poles, or portion thereof) that have been left by Provider in an unused or non-
functioning condition for more than 120 consecutive calendar days unless, after notice to Provider,
Provider has established to the reasonable satisfaction of the City that the applicable facilities, or
portion thereof, is still in active use.
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Antenna means communications equipment that transmits or receives electromagnetic radio
frequency signals used in the provision of wireless services.
Applicable codes means:
(A) uniform building, fire, electrical, plumbing, or mechanical codes adopted by a
recognized national code organization; and
(B) local amendments to those codes to the extent not inconsistent with Chapter 284.
City means the City of Coppell, Texas or its lawful successor.
City Manager shall mean City Manager or designee
Chapter 284 means Tex. Loc. Gov. Code, Chapter 284.
Collocate and collocation mean the installation, mounting, maintenance, modification, operation,
or replacement of network nodes in a public right-of-way on or adjacent to a pole.
Concealment or Camouflaged means any Wireless Facility or Pole that is covered, blended,
painted, disguised, camouflaged or otherwise concealed such that the Wireless Facility blends into
the surrounding environment and is visually unobtrusive as allowed as a condition for City advance
approval under Chapter 284, Sec. 284.105 in Historic or Design Districts. A Concealed or
Camouflaged Wireless Facility or Pole also includes any Wireless Facility or Pole conforming to
the surrounding area in which the Wireless Facility or Pole is located and may include, but is not
limited to hidden beneath a facade, blended with surrounding area design, painted to match the
supporting area, or disguised with artificial tree branches.
Decorative pole means 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 municipal codes.
Design District means an area that is zoned, or otherwise designated by municipal code, and for
which the city maintains and enforces unique design and aesthetic standards on a uniform and
nondiscriminatory basis.
Disaster emergency or disaster or emergency means an imminent, impending, or actual natural
or humanly induced situation wherein the health, safety, or welfare of the residents of the city is
threatened, and includes, but is not limited to any declaration of emergency by city state or
federal governmental authorities.
Distributed Antenna ,System or DAS shall be included as a type of "Network Node."
Easement means and shall include any public easement or other compatible use created by
dedication, or by other means, to the city for public utility purposes or any other purpose
whatsoever. "Easement" shall include a private easement used for the provision of utilities.
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Federal Communications Commission or FCC means the Federal Administrative Agency, or
lawful successor, authorized to oversee cable television and other multi -channel regulation on a
national level.
Highway right-of-way means right-of-way adjacent to a state or federal highway.
Historic district means an area that is zoned or otherwise designated as a historic district under
municipal, state, or federal law.
Law means common law or a federal, state, or local law, statute, code, rule, regulation, order, or
ordinance.
Local means within the geographical boundaries of the City.
Location means the City approved and lawfully permitted location for the Network Node.
Macro tower means a guyed or self -supported pole or monopole greater than the height parameters
prescribed by Chapter 284, Section 284.103 and that supports or is capable of supporting antennas.
Mayor means the Mayor for the City.
Micro network node means 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 means an area that is zoned or otherwise designated by municipal code as a public
park for the purpose of recreational activity.
Municipally owned utility pole means a utility pole owned or operated by a municipally owned
utility, as defined by Section 11.003, Utilities Code, and located in a public right-of-way.
MUTCD means Manual of Uniform Traffic Control Devices.
Network node means equipment at a fixed location that enables wireless communications between
user equipment and a communications network. The term:
(A) includes:
(i) equipment associated with wireless communications;
(ii) a radio transceiver, an antenna, a battery -only backup power supply, and
comparable equipment, regardless of technological configuration; and
(iii) coaxial or fiber-optic cable that is immediately adjacent to and directly
associated with a particular collocation; and
(B) does not include:
(i) an electric generator;
(ii) a pole; or
(iii) a macro tower.
Network provider means:
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(A) a wireless service provider; or
(B) 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:
(i) network nodes; or
(ii) node support poles or any other structure that supports or is capable of
supporting a network node.
Node support pole means a pole installed by a network provider for the primary purpose of
supporting a network node.
Permit means a written authorization for the use of the public right-of-way or collocation on a
service pole required from a municipality before a network provider may perform an action or
initiate, continue, or complete a project over which the municipality has police power authority.
Pole means a service pole, municipally owned utility pole, node support pole, or utility pole.
Private easement means an easement or other real property right that is only for the benefit of the
grantor and grantee and their successors and assigns.
Provider has the same meaning as "Network Provider."
Public right-of-way means 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:
(A) a private easement; or
(B) the airwaves above a public right-of-way with regard to wireless telecommunications.
Public right-of-way management ordinance means an ordinance that complies with Chapter 284,
Subchapter C.
Service pole means a pole, at least 8' in height, other than a municipally owned utility pole, owned
or operated by a municipality and located in a public right-of-way, including:
(A) a pole that supports traffic control functions;
(B) a structure for signage;
(C) a pole that supports lighting, other than a decorative pole; and
(D) a pole or similar structure owned or operated by a municipality and supporting only
network nodes.
Small cell shall be included as a type of "Network Node."
Street means only the paved portion of the right-of-way used for vehicular travel, being the area
between the inside of the curb to the inside of the opposite curb, or the area between the two
parallel edges of the paved roadway for vehicular travel where there is no curb. A "Street" is
generally part of, but smaller in width than the width of the entire right-of-way, while a right-of-
way may include sidewalks and utility easements, a "Street" does not. A "street" does not include
the curb or the sidewalk, if either are present at the time of a permit application or if added later.
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SWPPP shall mean Storm Water Pollution Prevention Plan.
TAS means Texas Accessibility Standards.
Traffic Signal means any device, whether manually, electrically, or mechanically operated by
which traffic is alternately directed to stop and to proceed.
Transport facility means 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.
Underground Requirement Area shall mean an area where poles, overhead wires, and associated
overhead or above ground structures have been removed and buried or have been approved for
burial underground pursuant to municipal ordinances, zoning regulations, state law, private deed
restrictions, and other public or private restrictions, that prohibit installing aboveground structures
in a public right-of-way.
User means a person or organization which conducts a business over facilities occupying the
whole or a part of a public street or right-of-way, depending on the context.
Utility pole means a pole that provides:
(A) electric distribution with a voltage rating of not more than 34.5 kilovolts; or
(B) services of a telecommunications provider, as defined by Chapter 284, Section 51.002,
Utilities Code.
Wireless service means 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 means a person that provides wireless service to the public.
Wireless facilities mean "Micro Network Nodes," "Network Nodes," and "Node Support Poles"
as defined in Texas Local Government Code Chapter 284.
SECTION 3. PROHIBITED AND PREFERRED LOCATIONS OF MICRO NETWORK
NODE, NETWORK NODE, NODE SUPPORT POLE AND RELATED GROUND
EQUIPMENT.
A. Prohibited or Restricted Areas for Certain Wireless facilities, except with
Separate City Agreement or Subject to Concealment Conditions.
1. Municipal Parks and Residential Areas. In accordance with Chapter 284, Sec. 284.104
(a), a Network Provider may not install a Node Support Pole in a public right-of-way without the
City's discretionary, nondiscriminatory, and written consent if the public right-of-way is in a
Municipal park or is adjacent to a street or thoroughfare that is:
(1) not more than 50 feet wide of paved street surface, being the area measured as the
shortest distance between the inside of the curb to the inside of the opposite curb, or the area
measured as the shortest distance between the two parallel edges of the paved roadway for
vehicular travel where there is no curb; and
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(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.
1.1. In accordance with Chapter 284, Sec. 284.104 (b), a Network Provider installing a
Network Node or Node Support Pole in a public right-of-way described above shall comply with
private deed restrictions and other private restrictions in the area that apply to those facilities. Each
permit application shall disclose if it is within a Municipal Park and Residential Areas as described
above.
2. Historic District and Design Districts. In accordance with Chapter 284, Sec. 284.105, a
Network Provider must obtain advance written approval from the City before collocating Network
Nodes or installing Node Support Poles in a Design District with Decorative Poles or in an area of
the City zoned or otherwise designated as a Design District or Historic District.
2.1. As a condition for approval of Network Nodes or Node Support Poles in Design
Districts with Decorative Poles or in a Historic District, the City shall require reasonable design
or Concealment measures for the Network Nodes or Node Support Poles. Therefore, any request
for installations in a Design District with Decorative Poles or in a Historic District, must be
accompanied with proposed Concealment measures in the permit applications.
2.2. The City requests that a Network Provider explore the feasibility of using Camouflage
measures to improve the aesthetics of the Network Nodes, Node Support Poles, or related ground
equipment, or any portion of the nodes, poles, or equipment, to minimize the impact to the
aesthetics in Design Districts or in an Historic District.
2.3. Network Provider shall comply with and observe all applicable City, State, and federal
historic preservation laws and requirements.
2.4. Each permit application shall disclose if it is within a Design District with Decorative
Poles or in an area of the City zoned or otherwise designated as a Design District or Historic
District.
3. Historic Landmarks. A Network Provider is discouraged from installing a Network
Node or Node Support Pole within 300 feet of a historic site or structure or Historic Landmark
recognized by the City, state or federal government (see, for example, and not limited to
§442.001(3) of the Texas Government Code, and 16 U.S.C. §470), as of the date of the submission
of the permit. It is recommended that each permit application disclose if it is with 300 feet of such
a structure.
4. Compliance with Undergrounding Requirements. In accordance with Chapter 284, Sec.
284.107, a Network Provider shall comply with nondiscriminatory undergrounding requirements,
including municipal ordinances, zoning regulations, 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.
4.1 Areas may be designated from time to time by the City as Underground Requirement
Areas in accordance with filed plats, and or conversions of overhead to underground areas, as
may be allowed by law.
4.2 Each permit application shall disclose if it is within an area that has undergrounding
requirements.
B. Least preferable locations.
1. Residential Areas and Parks. A Network Provider is discouraged from installing a
Network Node on an existing pole in a public right-of-way without written consent from the City
Council if the public right-of-way is located in or adjacent to a street or thoroughfare that is
adjacent to a municipal park or single-family residential lots or other multifamily residences or
undeveloped land that is designated for residential use by zoning or deed restrictions.
1.1 In accordance with Chapter 284, Sec. 284.104 (b) a Network Provider installing a
Network Node or a Node Support Pole in a public right-of-way shall comply with private deed
restrictions and other private restrictions in the area that apply to those facilities.
2. Historic Districts and Design Districts. A Network Provider is discouraged from
installing a Network Node or a Node Support Pole in the public right-of-way in any area designated
by the City as a Design Districts or in an area of the City zoned or otherwise designated as a
Historic District unless such a Network Node or a new Node Support Pole is camouflaged.
C. Most preferable locations
1. Industrial areas if not adjacent to a Municipal Park, Residential area, Historic District
or Design District.
2. Highway Rights -of -Way areas if not adjacent to a Municipal Park, Residential area,
Historic District or Design District.
3. Retail and Commercial areas if not adjacent to a Municipal Park, Residential area,
Historic District or Design District.
D. Designated Areas.
1. The City Council may designate an area as a Historic District or a Design District
under Chapter 284.105 at any time.
2. Currently designated Historic Districts are:
(a) Historic District Number 1 is the area referred to as Coppell Old
Town/Historic District. Its boundaries are: depicted in Exhibit 1.
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3. Currently designated Design District areas are:
(a) Design District Number 1 is the area referred to as Town Center District.
Its boundaries are: _ depicted in Exhibit 1. Historic Districts, Design Districts and Designated
Underground Required — Network Node and Node Support Pole Design.
(b) Design District Number 2 is the area referred to as Retail District. Its
boundaries are: _ depicted in Exhibit 1. Historic Districts, Design Districts and Designated
Underground Required — Network Node and Node Support Pole Design _.
(c) Design District Number 1 is the area referred to as Commercial District. Its
boundaries are: _ depicted in Exhibit 1. Historic Districts, Design Districts and Designated
Underground Required — Network Node and Node Support Pole Design.
(d) Design District Number 2 is the area referred to as Highway Commercial
District. Its boundaries are: depicted in Exhibit 1. Historic Districts, Design Districts and
Designated Underground Required — Network Node and Node Support Pole Design _.
4. The failure to designate an area in this Chapter shall not mean that such an area is not
within a defined district, if so designated by the City Council. Future areas may be designated as
one of these Districts at any time. Such a designation does not require a zoning case.
5. While not required under Chapter 284 to designate Underground Compliance Areas to
prohibit above ground Wireless facilities, the City may also, from time to time, also designate
Underground Compliance Areas.
Currently designated Underground Compliance Areas are:
(a) Underground Compliance Area Number 1 is the area referred to as Old
Town Coppell . Its boundaries are: depicted in Exhibit 1. Historic Districts, Design
Districts and Designated Underground Required — Network Node and Node Support Pole Design
(b) Underground Compliance Area Number 2 is the area referred to as South
Right -of -Way of Sandy Lake Road . Its boundaries are: _ depicted in Exhibit 1. Historic
Districts, Design Districts and Designated Underground Required — Network Node and Node
Support Pole Design
(c) or Underground Compliance Area Number 3 is the area referred to as
Intersection of Denton Tap and Sandy Lake Road and Denton Tap 540' South of Sandy Lake_.
Its boundaries are: —depicted in Exhibit 1. Historic Districts, Design Districts and Designated
Underground Required — Network Node and Node Support Pole Design
E. Exceptions
The City by its discretionary consent and agreement may grant exception to the above
prohibited locations and sizes, but only in a non-exclusive, and non-discriminatory manner, as
allowed or required by Chapter 284, Sec. 284.109 and Sec. 284.110.
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F. Order of Preference regarding Network Node attachment to existing facilities and
New Node Support Poles.
1. Existing telephone or electrical lines between existing utility poles. Micro Network
Nodes shall only be lashed on existing telephone or electrical lines between existing utility poles
(electric poles or telephones poles), with notice to the pole owner as required by the Federal Pole
Attachment Act, and not placed on Utility Poles, Node Support Poles or Service Poles.
2. Existing Utility Poles (electric poles or telephones poles), shall be the preferred support
facility for Network Nodes and related ground equipment.
3. Municipal Service Poles:
a. Non -decorative street lights with a height of more than 20 feet.
b. Traffic signal structures when such installation will not interfere with the
integrity of the facility and will not interfere with the safety of public and in accordance
with an agreement as allowed by Chapter 284, Sec. 285.056 and Sec. 284.101 (a) (3), and
(b).
c. Street signage shall be a low priority use for attachment of a Network Node.
d. Other municipal Service pole use is discouraged.
4. New node support poles shall be the least preferred type of allowed facility for
attachment of Network Nodes.
5. Ground Equipment. Ground equipment should be minimal and the least intrusive.
SECTION 4. GUIDELINES ON PLACEMENT.
A. Generally.
In accordance with Chapter 284.102, a Network Provider shall construct and maintain
Network Nodes and Node Support Poles in a manner that does not:
way;
1. obstruct, impede, or hinder the usual travel or public safety on a public right-of-
2. obstruct the legal use of a public right-of-way by other utility providers;
3. violate nondiscriminatory applicable codes;
4. violate or conflict with the municipality's publicly disclosed public right-of-way
management ordinance or this Design Manual.
5. violate the federal Americans with Disabilities Act of 1990 (42 U.S.C. Section
12101 et seq.).
B. General Requirements and Information:
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1. Size Limits. Network Providers shall provide detailed drawings, with calculations
to show strict conformity to the size limitations as set forth in Chapter 284, in accordance
with, but not limited to Chapter 284, Sec. 284.002, size of a Micro Network Node, Sec.
284.003, Size of Network Nodes, and Sec. 284.103, Max. pole height, with each
application and with each request for a permit for each location.3
2. State and Federal Rights-of-way permit. If the project lies within a Highway
Right -of -Way, the applicant must provide evidence of a permit from the State or Federal
Government.
3. Confirmation of non-interference with City Safety Communication Networks.
a. The Network Provider needs to provide analysis that the proposed
network node shall not cause any interference with City public safety radio system,
traffic signal light system, or other city safety communications components in
accordance with Chapter 284, Sec. 284.304.
b. It shall be the responsibility of the Network Provider to evaluate, prior to
making application for permit, the compatibility between the existing City
infrastructure and Provider's proposed Network Node. A Network Node shall not
be installed in a location that causes any interference. Network Nodes shall not be
allowed on City's public safety radio infrastructure.
4. Improperly Located Network Node facilities, Node Support Poles and related
ground equipment:
a. Improperly Located Network Node facilities, Node Support Poles and
related ground equipment shall not impede pedestrian or vehicular traffic in the
Right -of -Way. If any Network Node facilities, Node Support Poles or ground
equipment is installed in a location that is not in accordance with the plans approved
by the City Manager and impedes pedestrian or vehicular traffic or does not comply
or otherwise renders the Right -of -Way non-compliant with applicable Laws,
including the American Disabilities Act, then Network Provider shall promptly
remove the Network Node facilities, Node Support Poles or ground equipment.
b. Notice to Remove unauthorized facilities and relocate and penalty: After 30 days'
notice to remove of Network Node facilities, Node Support Poles or ground equipment that
is located in the incorrect permitted location, if not relocated the Network Provider shall
be subject to a penalty of $2,000.00 per day penalty until the Network Node facilities,
Node Support Poles or ground equipment is relocated to the correct area within the
permitted Location, regardless of whether or not the Network Provider's contractor,
subcontractor, or vendor installed the Network Node facilities, Node Support Poles or
ground equipment in strict conformity with the City Rights-of-way management ord., and
other applicable ordnances concerning improperly located facilities in the rights-of-way.
B. Underground Requirement Areas.
1. In accordance with Chapter 284.107, a Network Provider shall, in relation to
installation for which the City approved a permit application, comply with
nondiscriminatory undergrounding requirements, including municipal ordinances, zoning
regulations, state law, private deed restrictions, and other public or private restrictions, that
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prohibit installing aboveground structures in a public right-of-way without first obtaining
zoning or land use approval.
2. If a location is designated by the City to transits to be an Underground
Requirement Area, then a Network Provider's permit for the location of the Micro Network
Node, Network Node, Node Support Pole, and related ground equipment at such location
will be revoked 90 days after the designation, with removal of said the Micro Network
Node, Network Node, Node Support Pole, and related ground equipment at such location
within 90 days of such designation, or as otherwise reasonably allowed by the City for the
transition of other overhead facilities.
C. Network Node facilities placement:
1. Right -of -Way: Network Node facilities, Node Support Poles and related ground
equipment shall be placed, as much as possible, within two feet of the outer edge of the
Right -of -Way line to minimize any obstruction, impediment, or hindrance to the usual
travel or public safety on a public right-of-way.
2. Height above ground. Network Node attachments to a pole shall be installed at
least eight (8) feet above the ground in accordance with Chapter 284, Sec. 284.108, and if
a Network Node attachment is projecting toward the street, for the safety and protection
of the public and vehicular traffic, the attachment shall be installed no less than sixteen
(16) feet above the ground.
3. Protrusions. In accordance with Chapter 284, Sec. 284.003 (a) (1) (C), Sec.
284.003 (a) (2) (C) and Sec. 284.003 (a) (3) (B) no protrusion from the outer circumference
of the existing structure or pole shall be more than two (2) feet.
4. Limit on number of Network Nodes per Site. There shall be no more than one
Network Node on any one Pole.
D. New Node Support Poles.
1. New Node Support Poles Spacing. New node support poles shall be spaced apart
from existing utility poles or Node Support poles at the same as the spacing between utility
poles in the immediate proximity, but no less than at a minimum 300 feet from a utility
pole or another Node Support Pole to minimize the hazard of poles adjacent to road ways
and to minimize effect on property values and aesthetics on the area.
2. Location of Node Support Poles within Street. New node support poles shall not
be placed in the raised median section of a street to minimize the hazard of poles within
the road ways, unless all other options for attachment of network nodes to existing poles
and placement of new node support poles outside of the raised median have been denied.
3. Height of Node Support Poles or modified Utility Pole. In accordance with
Chapter 284, Sec. 284.103 a Node support pole or modified Utility Pole may not exceed
the lesser of
(1) 10 feet in height above the tallest existing utility pole located within
500 linear feet of the new pole in the same public right-of-way; or
(2) 55 feet above ground level.
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E. Ground Equipment.
1. Ground Equipment near street corners and intersections: Ground equipment
should be minimal and the least intrusive. In accordance with Chapter 284.102 (1), to
minimize any obstruction, impediment, or hindrance to the usual travel or public safety on
a public right-of-way the maximum line of sight required to add to safe travel of vehicular
and pedestrian traffic and in order to maximize that line of sight at street corners and
intersections and to minimize hazards at those locations, ground equipment may not be
installed within 250 feet of a street corner or a street intersection.
2. Ground Equipment near Municipal Parks. For the safety of Municipal park
patrons, particularly small children, and to allow full line of sights near Municipal park
property, the Network Provider shall not install Ground Equipment in a Right -of -Way that
is within a Park or within 250 feet of the boundary line of a Park, unless approved by the
City Manager and Parks Director in writing.
3. Minimize Ground equipment density:
In accordance with Chapter 284, Sec. 284.102 (1) to enhance the safety
requirements of line of sight of pedestrians, particularly small children, the City's designee
may deny a request for a proposed Location if the Network Provider installs Network Node
ground equipment where existing ground equipment within 300 feet already occupies a
footprint of 25 sq. ft. or more.
F. Municipal Service Poles:
1. In accordance with Agreement: Installations on all Service Poles shall be in
accordance with an agreement as allowed by Chapter 284, Sec. 285.056 and Sec. 284.101
(a) (3), and (b)
2. Required industry standard pole load analysis: Installations on all Service Poles
shall have an industry standard pole load analysis completed and submitted to the
municipality with each permit application indicating that the Service Pole to which the
Network Node is to be attached will safely support the load, in accordance with Chapter
284.108.
3. Height of attachments: All attachments on all Service Poles shall be at least 8
feet above grade, in accordance with Chapter 284, Sec. 285.108 (a) (1) - (2) and if a
Network Node attachment is projecting toward the street, for the safety and protection of
the public and vehicular traffic, the attachment shall be installed no less than sixteen (16)
feet above the ground. If a service pole is less than 8 feet tall, it shall not be extended to
allow attachment.
4. Installations on Traffic Signals: Installations on all Traffic signal structures must
not interfere with the integrity of the facility in any way that may compromise the safety
of the public and must be in accordance with an agreement as allowed by Chapter 284, Sec.
285.056 and Sec. 284.101 (a) (3), and (b). Installation of Network Node facilities on any
traffic signal structures shall:
i. Be encased in a separate conduit than the traffic signal electronics;
ii. Have a separate electric power connection than the traffic signal
structure; and
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iii. Have a separate access point than the traffic signal structure; and
5. Installations on Street signage: Installations on all street signage structures must
not interfere with the integrity of the facility in any way that may compromise the safety
of the public. Installation of Network Node facilities on any street signage structures that
has electrics shall:
i. Be encased in a separate conduit than any City signage electronics;
ii. Have a separate electric power connection than the signage structure;
iii. Have a separate access point than the signage structure; and
SECTION 5. GENERAL AESTHETIC REQUIREMENTS
A. Concealment.
1. Concealment of Network Nodes and Node support poles shall be required by the City in
Design Districts with Decorative Poles and in Historic Districts pursuant to Chapter 284.105.
2. It is also the City's preference that all new node support poles be camouflaged. New
node support poles shall match the color and character of existing decorative poles within the same
right-of-way or design district. Companies shall submit their proposal for camouflage with the
permit application.
3. The Network Node facilities shall be concealed or enclosed as much as reasonably
possible in an equipment box, cabinet, or other unit that may include ventilation openings. External
cables and wires hanging off a pole shall be sheathed or enclosed in a conduit, and positioned on
the pole in a manner hidden from view of the street to the extent practical, so that wires are
protected and not visible or visually minimized to the extent possible in strict accordance with the
City's rights-of-way management ordinance, and other applicable ordinances, except to the extent
not consistent with Chapter 284.
The Network Node facilities shall be concealed or enclosed as much as possible in an
equipment box, cabinet, or other unit that may include ventilation openings. Concealment units
and nodes shall be camouflaged with paint to match color of the pole or facility the equipment is
located upon. Ground equipment shall match existing infrastructure within the same right-of-way
or district. External cables and wires hanging off a pole shall be sheathed or enclosed in a conduit,
so that wires are protected and not visible or visually minimized to the extent possible, except to
the extent not consistent with Chapter 284.
B. New Node Support Pole Spacing.
New node support poles shall be at a minimum 300 feet from a utility pole or another Node
Support Pole to minimize the hazard of poles adjacent to road ways and to minimize effect on
property values and aesthetics on the area.
C. Minimize Ground Equipment Concentration.
In order to minimize negative visual impact to the surrounding area, and in accordance
with Chapter 284, Sec. 284.102 (1) to enhance the safety requirements of line of sight of
pedestrians, particularly small children, the City's designee may deny a request for a proposed
15
Location if the Network Provider installs Network Node ground equipment where existing ground
equipment within 300 feet already occupies a footprint of 25 sq. ft. or more to minimize effect on
property values and aesthetics on the area.
D. Allowed Colors.
Colors in Historic Districts and Design Districts must be approved by the City Manager or
his designee, from a palette of approved colors. Sample colors will be submitted with the
application for attachment or installation. Unless otherwise provided, all colors shall match the
background of any structure or cable strand the facilities are located upon and all efforts shall be
made for the colors to be inconspicuous. Colors in areas other than in Historic Districts and Design
Districts shall conform to colors of other installations of telecommunication providers or
installations by the city in the immediately adjacent areas.
SECTION 6. ELECTRICAL SUPPLY
A. Network Provider shall be responsible for obtaining any required electrical power
service to the Micro Network Node, Network Node facilities, Node Support Poles and ground
equipment. The City shall not be liable to the Network Provider for any stoppages or shortages of
electrical power furnished to the Micro Network Node, Network Node facilities, Node Support
Poles or ground equipment, including without limitation, stoppages or shortages caused by any
act, omission, or requirement of the public utility serving the structure or the act or omission of
any other tenant or Network Provider of the structure, or for any other cause beyond the control of
the City.
B. Network Provider shall not allow or install generators or back-up generators in the
Right -of -Way in accordance with Chapter 284, Sec. 284.002 (12) (B) (1).
SECTION 7. INSURANCE, INDEMNITY, BONDING AND SECURITY DEPOSITS.
1. Insurance, bonding and security deposits shall be in strict accordance with the City's
rights-of-way management ordinance, and other applicable ordinances, except to the extent not
consistent with Chapter 284.
2. Indemnity shall be in accordance with Chapter 284, Sec. 284.302, as provided for in
Chapter 283, Sec. 283.057 (a) and (b) of the Texas Loc. Gov't Code.
SECTION 8. REQUIREMENTS IN REGARD TO REMOVAL, REPLACEMENT,
REPLACEMENT, MAINTENANCE AND REPAIR
A. REMOVAL OR RELOCATION BY NETWORK PROVIDER.
1. If the Network Provider removes or relocates a Micro Network Node, Network Node
facilities, Node Support Pole or related ground equipment at its own discretion, it shall notify the
City Manager in writing not less than 10 business days prior to removal or relocation. Network
Provider shall obtain all Permits required for relocation or removal of its Micro Network Node,
Network Node facilities, Node Support Poles and related ground equipment prior to relocation or
removal.
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2. The City shall not issue any refunds for any amounts paid by Network Provider for Micro
Network Node, Network Node facilities, Node Support Poles or related ground equipment that
have been removed.
B. REMOVAL OR RELOCATION REQUIRED FOR CITY PROJECT.
1. In accordance with Chapter 284, Sec. 284.107, except as provided in existing state and
federal law, a Network Provider shall relocate or adjust Micro Network Node, Network Node,
Node Support Pole and related ground equipment in a public right-of-way in a timely manner and
without cost to the municipality managing the public right-of-way
2. Network Provider understands and acknowledges that the City may require Network
Provider to remove or relocate its Micro Network Node, Network Node, Node Support Pole and
related ground equipment, or any portion thereof from the Right -of -Way for City construction
projects as allowed by state and feral law, including the common-law.
3. Network Provider shall, at the City Manager's direction, remove or relocate the same at
Network Provider's sole cost and expense, except as otherwise provided in existing state and
federal law, whenever the City Manager reasonably determines that the relocation or removal is
needed for any of the following purposes: Required for the construction, completion, repair,
widening, relocation, or maintenance of, or use in connection with, any City construction or
maintenance project of a street ort public rights-of-way to enhance the traveling publics use for
travel and transportation.
4. If Network Provider fails to remove or relocate the Micro Network Node, Network Node,
Node Support Pole or related ground equipment, or portion thereof as requested by the City
Manager within 90 days of Network Provider 's receipt of the request, then the City shall be
entitled to remove the Micro Network Node, Network Node, Node Support Pole or related ground
equipment, or portion thereof at Network Provider's sole cost and expense, without further notice
to Network Provider.
5. Network Provider shall, within 30 days following issuance of invoice for the same,
reimburse the City for its reasonable expenses incurred in the removal (including, without
limitation, overhead and storage expenses) of the Micro Network Node, Network Node, Node
Support Pole or related ground equipment, or portion thereof.
C. REMOVAL REQUIRED BY CITY FOR SAFETY AND IMMINENT DANGER
REASONS.
1. Network Provider shall, at its sole cost and expense, promptly disconnect, remove, or
relocate the applicable Micro Network Node, Network Node, Node Support Pole and related
ground equipment within the time frame and in the manner required by the City Manager if the
City Manager reasonably determines that the disconnection, removal, or relocation of any part of
a Micro Network Node, Network Node, Node Support Pole and related ground equipment (a) is
necessary to protect the public health, safety, welfare, or City property, (b) the Micro Network
Node, Network Node, Node Support Pole and related ground equipment, or portion thereof, is
adversely affecting proper operation of streetlights or City property, or (c) Network Provider fails
to obtain all applicable licenses, Permits, and certifications required by Law for its Micro Network
Node, Network Node, Node Support Pole and related ground equipment, or use of any Location
under applicable law. If the City Manager reasonably determines that there is imminent danger to
the public, then the City may immediately disconnect, remove, or relocate the applicable Micro
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Network Node, Network Node, Node Support Pole and related ground equipment at the Network
Provider's sole cost and expense.
2. The City Manager shall provide 90 days written notice to the Network Provider before
removing a Micro Network Node, Network Node, Node Support Pole and related ground
equipment under this Section, unless there is imminent danger to the public health, safety, and
welfare.
3. Network Provider shall reimburse City for the City's actual cost of removal of Micro
Network Node, Network Node, Node Support Pole and related ground equipment within 30 days
of receiving the invoice from the City.
SECTION 9. INSTALLATION AND INSPECTIONS
A. INSTALLATION.
Network Provider shall, at its own cost and expense, install the Micro Network Node,
Network Node facilities, Node Support Poles and related ground equipment in a good and
workmanlike manner and in accordance with the requirements promulgated by the City Manager,
as such may be amended from time to time. Network Provider's work shall be subject to the
regulation, control and direction of the City Manager. All work done in connection with the
installation, operation, maintenance, repair, modification, and/or replacement of the Micro
Network Node, Network Node facilities, Node Support Poles and related ground equipment shall
be in compliance with all applicable laws, ordinances, codes, rules and regulations of the City,
applicable county, the state, and the United States ("Laws").
B. INSPECTIONS.
The City Manager, or designee, may perform visual inspections of any Micro Network
Node, Network Node, Node Support Pole or related ground equipment located in the Right -of -
Way as the City Manager deems appropriate without notice. If the inspection requires physical
contact with the Micro Network Node, Network Node, Node Support Poles or related ground
equipment, the City Manager shall provide written notice to the Network Provider within five
business days of the planned inspection. Network Provider may have a representative present
during such inspection.
SECTION 10. REQUIREMENTS UPON ABANDONMENT OF OBSOLETE MICRO
NETWORK NODE, NETWORK NODE, NODE SUPPORT POLE AND RELATED
GROUND EQUIPMENT.
Network Provider shall remove Micro Network Node, Network Node, Node Support Pole
and related ground equipment when such facilities are Abandoned regardless of whether or not it
receives notice from the City. Unless the City sends notice that removal must be completed
immediately to ensure public health, safety, and welfare, the removal must be completed within
the earlier of 90 days of the Micro Network Node, Network Node, Node Support Pole and related
ground equipment being Abandoned or within 90 days of receipt of written notice from the City.
When Network Provider removes, or Abandons permanent structures in the Right -of -Way, the
Network Provider shall notify the City Manager and City Manager in writing of such removal or
Abandonment and shall file with the City Manager and City Manager the location and description
of each Micro Network Node, Network Node, Node Support Pole and related ground equipment
removed or Abandoned. The City Manager may require the Network Provider to complete
additional remedial measures necessary for public safety and the integrity of the Right -of -Way.
SECTION 11. GENERAL PROVISIONS.
1. As Built Maps and Records. Network Provider's as built maps and records shall be in
strict accordance with the City's rights-of-way management ordinance, and other applicable
ordinances, except to the extent not consistent with Chapter 284.
2. Courtesy and Proper Performance. Courtesy and Proper Performance of Network
provider's personnel, and contractors shall be in strict accordance with the City's rights-of-way
management ordinance, and other applicable ordinances, except to the extent not consistent with
Chapter 284.
3. DRUG POLICY.
It is the policy of the City to achieve a drug-free workforce and workplace. The
manufacture, distribution, dispensation, possession, sale, or use of illegal drugs or alcohol by
Network Provider's employees, contractors, subcontractors, sub -Network Provider's, or vendors
while on City rights-of-way is prohibited.
4. ALLOCATION OF FUNDS FOR REMOVAL AND STORAGE. The City has
appropriated $0 to pay for the cost of any removal or storage of Micro Network Node, Network
Node, Node Support Pole and related ground equipment, as authorized under this Article, and no
other funds are allocated.
5. OWNERSHIP
No part of a Micro Network Node, Network Node, Node Support Pole and related ground
equipment erected or placed on the Right -of -Way by Network Provider will become, or be
considered by the City as being affixed to or a part of, the Right -of -Way. All portions of the Micro
Network Node, Network Node, Node Support Pole and related ground equipment constructed,
modified, erected, or placed by Network Provider on the Right -of -Way will be and remain the
property of Network Provider and may be removed by Network Provider at any time, provided the
Network Provider shall notify the City Manager prior to any work in the Right -of -Way.
6. Tree Maintenance. Tree maintenance shall be in strict accordance with the City's
rights-of-way management ordinance, and other applicable ordinances, except to the extent not
consistent with Chapter 284.
7. Signage. Signage shall be in strict accordance with the City's rights-of-way
management ordinance, and other applicable ordinances, except to the extent not consistent with
Chapter 284.
Network Provider shall post its name, location identifying information, and emergency
telephone number in an area on the cabinet of the Network Node facility that is visible to the
public, but, to the extent practical, attached in a location that is not visible from the street. Signage
required under this section shall not exceed 4" x 6", unless otherwise required by law (e.g. RF
ground notification signs) or the City Manager.
Except as required by Laws or by the Utility Pole owner, Network Provider shall not post
any other signage or advertising on the Micro Network Node, Network Node, Node Support Pole,
Service pole or Utility Pole.
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8. Graffiti Abatement.
As soon as practical, but not later than fourteen (14) calendar days from the date Network
Provider receives notice thereof, Network Provider shall remove all graffiti on any of its Micro
Network Node, Network Node, Node Support Pole, and related ground equipment located in the
Right of Way. The foregoing shall not relieve the Network Provider from complying with any City
graffiti or visual blight ordinance or regulation.
9. Restoration.
Network Provider shall restore and repair of the rights-of-way from any damage to the
Right -of -Way, or any facilities located within the Right -of -Way, and the property of any third
party resulting from Network Provider's removal or relocation activities (or any other of Network
Provider's activities hereunder) in strict accordance with the City's rights-of-way management
ordinance, and other applicable ordinances, except to the extent not consistent with Chapter 284.
10. Network provider's responsibility.
Network Provider shall be responsible and liable for the acts and omissions of Network
Provider's employees, temporary employees, officers, directors, consultants, agents, Affiliates,
subsidiaries, sub -Network Provider's and subcontractors in connection with the installations of
any Micro Network Node, Network Node, Node Support Pole and related ground equipment, as if
such acts or omissions were Network Provider's acts or omissions in strict accordance with the
City's rights-of-way management ordinance, and other applicable ordinances, except to the extent
not consistent with Chapter 284.
SECTION 12-19 RESERVED
SECTION 20. DESIGN MANUAL - UPDATES
Placement or Modification of Micro Network Node, Network Node, Node Support Pole
and related ground equipment shall comply with the City's Design Manual at the time the Permit
for installation or Modification is approved and as amended from time to time.
Sec. 284.301. LOCAL POLICE -POWER -BASED REGULATIONS. (a) Subject to this
chapter and applicable federal and state law, a municipality may continue to exercise zoning,
land use, planning, and permitting authority in the municipality's boundaries, including with
respect to utility poles.
(b) A municipality may exercise that authority to impose police -power -based regulations
for the management of the public right-of-way that apply to all persons subject to the municipality.
(c) A municipality may impose police -power -based regulations in the management of the
activities of network providers in the public right-of-way only to the extent that the regulations are
reasonably necessary to protect the health, safety, and welfare of the public.
2 The definitions as used in Tx. Loc. Gov. Code, Chapter 284, Sec. 284.002 shall be used in this
Design Manual.
Tex. Loc. Gov. Code, Chapter 284, Sec. 284.002. DEFINITIONS. In this chapter:
20
(1) "Antenna" means communications equipment that transmits or receives
electromagnetic radio frequency signals used in the provision of wireless services.
(2) "Applicable codes" means:
(A) uniform building, fire, electrical, plumbing, or mechanical codes adopted by
a recognized national code organization; and
(B) local amendments to those codes to the extent not inconsistent with this
chapter.
(3) "Collocate" and "collocation" mean the installation, mounting, maintenance,
modification, operation, or replacement of network nodes in a public right-of-way on or adjacent
to a pole.
(4) "Decorative pole" means 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 municipal codes.
(5) "Design district" means an area that is zoned, or otherwise designated by municipal
code, and for which the city maintains and enforces unique design and aesthetic standards on a
uniform and nondiscriminatory basis.
(6) "Historic district" means an area that is zoned or otherwise designated as a historic
district under municipal, state, or federal law.
(7) "Law" means common law or a federal, state, or local law, statute, code, rule,
regulation, order, or ordinance.
(8) "Macro tower" means a guyed or self -supported pole or monopole greater than the
height parameters prescribed by Section 284.103 and that supports or is capable of supporting
antennas.
(9) "Micro network node" means 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.
(10) "Municipally owned utility pole" means a utility pole owned or operated by a
municipally owned utility, as defined by Section 11.003, Utilities Code, and located in a public
right-of-way.
(11) "Municipal park" means an area that is zoned or otherwise designated by municipal
code as a public park for the purpose of recreational activity.
(12) "Network node" means equipment at a fixed location that enables wireless
communications between user equipment and a communications network. The term:
(A) includes:
(i) equipment associated with wireless communications;
(ii) a radio transceiver, an antenna, a battery -only backup power supply,
and comparable equipment, regardless of technological configuration; and
(iii) coaxial or fiber-optic cable that is immediately adjacent to and
directly associated with a particular collocation; and
(B) does not include:
(i) an electric generator;
(ii) a pole; or
(iii) a macro tower.
(13) "Network provider" means:
(A) a wireless service provider; or
21
(B) 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:
(i) network nodes; or
(ii) node support poles or any other structure that supports or is capable of
supporting a network node.
(14) "Node support pole" means a pole installed by a network provider for the primary
purpose of supporting a network node.
(15) "Permit" means a written authorization for the use of the public right-of-way or
collocation on a service pole required from a municipality before a network provider may
perform an action or initiate, continue, or complete a project over which the municipality has
police power authority.
(16) "Pole" means a service pole, municipally owned utility pole, node support pole, or
utility pole.
(17) "Private easement" means an easement or other real property right that is only for
the benefit of the grantor and grantee and their successors and assigns.
(18) "Public right-of-way" means 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:
(A) a private easement; or
(B) the airwaves above a public right-of-way with regard to wireless
telecommunications.
(19) "Public right-of-way management ordinance" means an ordinance that complies
with Subchapter C.
(20) "Public right-of-way rate" means 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.
(21) "Service pole" means a pole, other than a municipally owned utility pole, owned or
operated by a municipality and located in a public right-of-way, including:
(A) a pole that supports traffic control functions;
(B) a structure for signage;
(C) a pole that supports lighting, other than a decorative pole; and
(D) a pole or similar structure owned or operated by a municipality and
supporting only network nodes.
(22) "Transport facility" means 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.
(23) "Utility pole" means a pole that provides:
(A) electric distribution with a voltage rating of not more than 34.5 kilovolts; or
(B) services of a telecommunications provider, as defined by Section 51.002,
Utilities Code.
(24) "Wireless service" means 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.
(25) "Wireless service provider" means a person that provides wireless service to the
public.
22
3 Sec. 284.002. DEFINITIONS (8) "Micro network node" means 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.
Sec. 284.003. LIMITATION ON SIZE OF NETWORK NODES. (a) Except as provided by
Section 284.109, a network node to which this chapter applies must conform to the following
conditions:
(1) each antenna that does not have exposed elements and is attached to an existing
structure or pole:
(A) must be located inside an enclosure of not more than six cubic feet in
volume;
(B) may not exceed a height of three feet above the existing structure or pole; and
(C) may not protrude from the outer circumference of the existing structure or
pole by more than two feet;
(2) if an antenna has exposed elements and is attached to an existing structure or pole,
the antenna and all of the antenna's exposed elements:
(A) must fit within an imaginary enclosure of not more than six cubic feet;
(B) may not exceed a height of three feet above the existing structure or pole; and
(C) may not protrude from the outer circumference of the existing structure or
pole by more than two feet;
(3) the cumulative size of other wireless equipment associated with the network node
attached to an existing structure or pole may not:
(A) be more than 28 cubic feet in volume; or
(B) protrude from the outer circumference of the existing structure or a node
support pole by more than two feet;
(4) ground-based enclosures, separate from the pole, may not be higher than three feet
six inches from grade, wider than three feet six inches, or deeper than three feet six
inches; and
(5) pole -mounted enclosures may not be taller than five feet.
(b) The following types of associated ancillary equipment are not included in the calculation of
equipment volume under Subsection (a):
(1) electric meters;
(2) concealment elements;
(3) telecommunications demarcation boxes;
(4) grounding equipment;
(5) power transfer switches;
(6) cut-off switches; and
(7) vertical cable runs for the connection of power and other services.
(c) Equipment attached to node support poles may not protrude from the outer edge of the node
support pole by more than two feet.
(d) Equipment attached to a utility pole must be installed in accordance with the National
Electrical Safety Code, subject to applicable codes, and the utility pole owner's construction
standards.
23
Exhibit 1. Historic Districts, Design Districts and Designated Underground Required — Network
Node and Node Support Pole Design
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24