HomeMy WebLinkAboutOrd 748-2017 ROW ManagementCITY OF ANNA, TEXAS
ORDINANCE NO
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS
REPEALING ORDINANCE NO. 536-2011 (MANAGEMENT OF PUBLIC RIGHTS-OF-
WAY)(Amended July 12, 2016, Ord. 721-2016); ESTABLISHING A REVISED
ORDINANCE FOR PUBLIC RIGHT-OF-WAY MANAGEMENT; AMENDING PART IV
OF THE CODE OF ORDINANCES (SCHEDULE OF FEES), ARTICLE 5 (GENERAL
MISCELLANEOUS FEES), AMENDING AND REVISING SECTION 12, RIGHT-OF-
WAY CONSTRUCTION PERMIT FEE TO INCLUDE ADDITIONAL FEES AND RATES,
INCLUDING RIGHT-OF-WAY CONSTRUCTION APPLICATION FEE, POLE
ATTACHMENT RATE, PUBLIC RIGHT-OF-WAY RATES, AND SERVICE POLE
COLLOCATION RATE; AMENDING AND REVISING SECTION 13, PERMIT FOR
DRIVEWAYS AND OTHER PRIVATE IMPROVEMENTS PUBLIC RIGHTS-OF-WAY;
ADOPTING A DESIGN MANUAL FOR NETWORK NODES AND NODE SUPPORT
POLES; PROVIDING A PENALTY FOR VIOLATION OF THIS ORDINANCE NOT TO
EXCEED $2,000; PROVIDING FOR SAVINGS, REPEALING AND SEVERABILITY
CLAUSES; PROVIDING FOR AN EFFECTIVE DATE; AND PROVIDING FOR THE
PUBLICATION OF THE CAPTION HEREOF.
WHEREAS, the City of Anna, Texas ("City") is charged with maintaining control of and
access to the right-of-way in order to protect the health, safety, and welfare of its
citizens; and
WHEREAS, in accordance with applicable federal laws, including, but not limited to, 47
U.S.C., Section 253(c) and state laws, including, but not limited to, Texas Utility Code,
Section 14.008 and Section 54.205, Texas Civil Statutes, Article 1175, Texas Local
Government Code, Chapter 284, and Section 283.056, the City seeks to exercise its
historical rights to control and manage its public rights-of-way in a competitively neutral
and nondiscriminatory basis; and implement certain police power regulations in the use
of those public rights-of-way; and
WHEREAS, establishing a permitting process to improve coordination of work in public
rights-of-way under City jurisdiction will ease traffic congestion and limit inconvenience
to citizens of the general public; and
WHEREAS, the permitting process is necessary to enhance the public's access to
information about construction in City public rights-of-way, and to protect and preserve
the valuable public investment in the construction and maintenance of the public rights-
of-way; and
WHEREAS, the permitting process is necessary to minimize the impact of construction
on neighborhood residents and businesses by enforcing cleanliness and safety
standards for construction sites, imposing strict timelines for construction, and requiring
owners to comply with standards and requirements for compaction, backfill and
CITY OF ANNA, TEXAS ORDINANCE NO. Page 1 of 38
pavement restoration, and resurfacing that ensure the best possible restoration of the
paved surface over and adjacent to the trench or other work area; and
WHEREAS, the permitting process is necessary to allow the City to properly enforce
violations of this ordinance by the imposition of civil, criminal or administrative penalties;
and
WHEREAS, the permitting process is necessary to conserve the limited physical
capacity of the public rights-of-way held in public trust by the City; and
WHEREAS, regulation of excavations in City streets helps reduce disruption of and
interference with public use of the streets, helps prevent pavement damage, helps
maintain the safe condition of the streets, protects the public health, safety, and welfare,
is a valid and appropriate exercise of the City's police power, and is a municipal
responsibility; and
WHEREAS, the City Council of the City of Anna, Texas ("City Council") finds there is
increasing demand for use of the public rights-of-way; and
WHEREAS, the permitting process will protect the safety, security, appearance, and
condition of the public rights-of-way; and
WHEREAS, the City Council has investigated and determined that it would be
advantageous and beneficial to the City and its citizens to adopt a design manual for the
installation of network nodes and node support poles; and
WHEREAS, the City Council has investigated and determined that it would be
advantageous and beneficial to the City and its citizens to amend The Anna City Code
of Ordinances ("Anna Code"), by repealing the existing Article 50 (Management of
Public Rights -of -Way) of Part II, as amended, in its entirety (Ord. 536-2011, amended
by Ord. 721-2016), adding a revised Article 50 (Public Right -of -Way Management) to
Part II, and to amend Part IV (Schedule of Fees), Article 5 (General Miscellaneous
Fees), Section 12 (Right -of -Way Construction Permit Fee) of the Anna Code by revising
its title and current provisions, including adding a Pole Attachment Rate and a Service
Pole Collocation Rate;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ANNA, TEXAS:
Section 1. Recitals Incorporated.
The recitals above are incorporated herein as if set forth in full for all purposes.
Section 2. Repealing Article 50 of Part II of the Anna Code
CITY OF ANNA, TEXAS ORDINANCE NO. Page 2 of 38
Ordinance No. 536-2011 (Management of Public Rights -of -Way) (Amended July 12,
2016, Ord. No. 721-2016) is hereby repealed in its entirety, which shall have the effect
of removing Article 50 from Part II of the Anna Code in its entirety, and also remove
Article 5, Section 12 and Section 13 from Part IV of the Anna Code in their entirety.
Section 3. Adding a Revised Article 50 to Part II of the Anna Code
3.01 This ordinance amends Part II of the Anna Code to add the provisions below, to
become and made part of the Anna Code, to be alternately known as the City's "public
rights-of-way management ordinance" or "ROW management ordinance" as follows:
ARTICLE 50. PUBLIC RIGHT-OF-WAY MANAGEMENT
Section 1. Title
This article shall be known as the City public rights-of-way management ordinance.
Section 2. Adoption of Implementation Guidelines and Desiqn Manual
The City adopts by reference "Implementing Local Government Code Chapter 284,"
as published by the Texas Coalition of Cities for Utility Issues, June 12, 2017
("implementation guidelines"). The City also adopts by reference the "City of Anna
Design Manual for the Installation of Network Nodes and Node Support Poles
pursuant to Tex. Loc. Gov. Code, Chapter 284" (as amended)(" Design Manual").
References to the implementation guidelines and design manual shall be interpreted
to correspond to the version adopted by the City at the time of the relevant event.
Copies of these documents shall be maintained on file with the City Secretary.
Section 3. Definitions
For the purpose of this article, the following definitions shall apply, unless the context
clearly indicates or requires a different meaning:
Antenna, Microwave Reflector & Antenna Support Structure. Antenna or
Anntennae means communications equipment that transmits or receives
electromagnetic radio frequency signals used in the provision of Wireless
Services, including directional antennas (such as panels, wireless cable and
dishes) and omnidirectional antennas (such as whips), but not including satellite
earth stations and including without limitation Microwave Reflectors. This term
does not include Network Nodes or Micro Network Nodes. Microwave Reflector
means an apparatus constructed of solid, open mesh, bar -configured, or
perforated materials of any shape or configuration that is used to receive or
transmit microwave signals from a terrestrial or orbitally located transmitter or
transmitter relay. Microwave Reflectors are also commonly referred to as
satellite receive only earth stations (T.V.R.O.S.), or satellite dishes. Antenna
Support Structure means any tower, mast, tripod, box frame, pole (other than a
CITY OF ANNA, TEXAS ORDINANCE NO. J 4R Page 3 of 38
Pole as defined in this section) or other structure utilized for the purpose of
supporting one or more Antennae or Microwave Reflectors, including without
limitation structures that have a primary or secondary use in addition to
supporting one or more Antennae or Microwave Reflectors.
City means the City of Anna, Texas, or its designated agent of the City.
Code or City code means The Anna City Code of Ordinances.
Collocate and Collocation. The installation, mounting, maintenance,
modification operation, or replacement of Network Nodes or other
telecommunications equipment in a Public Right-of-Way on or adjacent to a
tower or pole or the process of adding such equipment to an existing tower or
pole.
Construction means any work performed above the surface, on the surface or
beneath the surface of a Public Right-of-Way, including. but not limited to,
installing servicing repairing. upgrading, or modifying any Facility(ies) in, above
or under the surface of the Public Right-of-Way, and restoring the surface and
subsurface of the Public Right-of-Way subject to the provisions of Section 16.
The word "Construction" does not include the installation of Facilities necessary
to initiate service to a customer's property, or the repair or maintenance of
existing Facilities unless such installation, repair or maintenance requires the
breaking of pavement, excavation or boring.
Construction Security means any of the following forms of security provided at
the Owner's option:
(1) Individual project or performance bond;
(2) Cash deposit;
(3) Security of a form listed or approved under State of Texas Statutes; or
(4) Letter of credit, in a form acceptable by the City.
Decorative Pole. A streetlight pole specifically 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
this code.
Design District. An area that is zoned, or otherwise designated by City code, and
for which the City maintains and enforces unique design and aesthetic standards
on a uniform and nondiscriminatory basis.
Department means the Public Works Department of the City.
CITY OF ANNA, TEXAS ORDINANCE NO. � `t �� Page 4 of 38
Director means the Director of the Public Works Department of the City or his or
her designee, or another person authorized by the City Manager to act as the
Director.
Driveway means a vehicular access way designed and intended to serve as
access from a public roadway to a lot or parcel of land adjacent to the public
roadway.
Emergency means a condition that: (1) poses a clear and immediate danger to
life or health, or an immediate and significant loss of property; or (2) requires
immediate repair or replacement of Facilities in order to restore service to a
customer.
Facility or Facilities shall include, but not be limited to, any and all cables,
pipelines, poles (other than poles as defined in this section), transmitters,
receivers, splice boxes, tracks, tunnels, utilities, vaults, and other appurtenances
or tangible things owned, leased, operated, or licensed by an Owner or Owners,
that are located or are proposed to be located in a Public Right -of -Way.
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 this code or applicable state or federal law.
LGC. The Texas Local Government Code.
Major Thoroughfares means United States (US) 75, State Highway (SH) 5, State
Highway 121, Farm -to -Market (FM) 455, the Collin County Outer Loop, and any
other major highways, major collectors and major thorouqhfares desiqnated on
the City's comprehensive plan, and all roadways having four or more lanes,
including without limitation Throckmorton Blvd. and all of Hackberry Lane.
Micro Network Node. A Network Node that is not larger in dimension than 24
inches in length, 15 inches in width, and 12 inches in height, and that has an
exterior antenna, if any, not longer than 11 inches.
Municipal Authorization means the grant issued by the City and accepted by an
individual Owner to use the Public Rights -of -Way in accordance with the
ordinances of the City, a franchise agreement, a license, or under operation of
state law which provides a specific grant of authority to use the Rights -of -Way.
Municipally Owned Utility Pole. A Utility Pole owned or operated by a municipally
owned utility, as defined by the Texas Utilities Code, Section 11.003, which is
located in a Public Right -of -Way.
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Municipal Park. An area that is zoned or otherwise designated by municipal code
as a public park for the purpose of recreational activity. For purposes of this
Article 50, all City owned property used for park purposes and any other property
labeled, described, dedicated, or designated for park purposes on a plat
recorded in the county property records are deemed to be designated as
Municipal Parks by this code, so long as such property has been designated by
the City as park property for use by the general public. Municipal Parks include,
but are not limited to, the following: Slayter Creek Park, Natural Springs Park,
Sherley Park, Johnson Park, Bryant Park, Geer Park, Pecan Grove Park,
Creekside Park, and Oak Hollow Park and also include any trails and sidewalks
connecting any Municipal Parks.
Network Node. Equipment at a fixed location that enables wireless
communications between user equipment and a communications network. The
term:
(a) Includes:
1) Equipment associated with wireless communications;
2) A radio transceiver, an antenna, a battery -only backup power
supply, and comparable equipment, regardless of technological
configuration; and
3) Coaxial or fiber-optic cable that is immediately adjacent to and
directly associated with a particular Collocation;
(b) Does not include:
1) An electric generator;
2) A Pole; or
3) A Macro Tower.
Network Provider. This term means:
(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:
1) Network Nodes; or
2) Node Support Poles or any other structure that supports or is
capable of supporting a Network Node.
CITY OF ANNA, TEXAS ORDINANCE NO. q Page 6 of 38
Node Support Pole. A pole installed by a Network Provider for the primary
purpose of supporting a Network Node.
Owner means any person who owns any Facility or Facilities that are installed
or are proposed to be installed or maintained in the Public Right -of -Way.
Included within this definition are any and all of Owner's contractors,
subcontractors agents or authorized representatives. A Network Provider or a
Wireless Service Provider may also be an Owner for purposes of this article.
Permit or Construction Permit means a written authorization for the use of the
Public Right -of -Way or Collocation on a Service Pole required from the City
before a Network Provider or Person may perform an action or initiate, continue,
or complete a prosect over which the City has regulatory authority.
Person means any natural or corporate person, business association or other
business entity including, but not limited to, a partnership, a sole proprietorship,
a political subdivision (excluding the City), a public or private agency of any kind,
a utility, a successor or assign of any of the foregoing, or any other legal entity.
Pole. A Service Pole, Municipally Owned Utility Pole, Node Support Pole, or
Utility Pole. This -general term shall be construed to exclude Decorative Poles.
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 rate. An annual rental charge paid by a Network Provider or
other person to a municipality related to the construction, maintenance, or
operation of Network Nodes or other Facilities within a City Right -of -Way.
Rights) -of -Way or Public Rights) -of -Way means the area on, below, or above
a public roadway highway, street, public sidewalk, alley, waterway, or utility
easement in which the City has an interest. It includes but is not necessarily
limited to interests in land that is acquired by, dedicated to, or claimed by the
City in fee simple, by easement, or by prescriptive right and that is expressly or
impliedly available accepted or used in fact or by operation of law as a public
roadway, highway, street sidewalk, alley, or for drainage or utility purposes. The
term applies regardless of whether the Public Right -of -Way is paved or unpaved.
The term does not include a Private Easement or airwaves above the Public
Right -of -Way with regard to wireless telecommunications.
Restore or Restoration means the process by which a Public Right -of -Way is
returned to a condition that is equal to or better than the condition that existed
before Construction.
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Service Pole. A pole other than a Municipally Owned Utility Pole or Decorative
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 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 the Network Nodes.
Utility Pole. 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 Texas
Utilities Code, Section 51.002.
Utility Structure. Equipment and physical support used in providing public utility
service but excluding Network Nodes and all poles defined in this article.
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 or entity that provides Wireless Service to
the public.
Section 4. Right -of -Way Occupancy
4.01 Any person prior to constructing Facilities in, on or over the Public Rights -
of -Way, must first obtain separate Municipal Authorization.
4.02 This article does not constitute or create authority to place, reconstruct,
or alter Facilities in on or over the Rights -of -Way nor to engage in
construction excavation encroachments, or work activity within or upon
any Public Right -of -Way, and said authority must be obtained in
accordance with the terms of this article.
4.03 Any person with a current unexpired franchise, Municipal Authorization,
license or other authorization from the City or state to use the Public
Right -of -Way that is in effect at the time this article takes effect, shall
continue to operate under and comply with that grant, and in the event
this ordinance conflicts with existing authorization, the more restrictive
provision shall apply.
4.04 Regardless of any prior existing unexpired franchise, Municipal
Authorization license or other authorization from the City or state to use
the Public Right -of -Way, an Owner shall be required to obtain a permit
CITY OF ANNA, TEXAS ORDINANCE NO. Page 8 of 38
prior to performing any construction within a Public Right -of -Way, save
and except for work exempted by LGC Section 284.157 (as amended).
However, prior to beginning any work so exempted, the Owner must
provide advance written notice to the City of no less than 15 calendar
days. Replacement or upgrade of poles by Network Providers requires
advance approval of the pole's Owner. All size limitations provided in this
article or other law remain applicable even to work exempted under LGC
Section 284.157.
Section 5. Registration
5.01 In order to protect the public health, safety and welfare, all Owners of
Facilities in the Right -of -Way will register with the City. Registration and
permits will be issued in the name of the person who owns or will own the
Facilities. Reqistration must be renewed on or before September 30 of
each year. If a registration is not renewed, and subject to 60 calendar
days notification to the Owner, the Facilities of the Owner will be deemed
to have been abandoned. When any information provided for the
registration changes, the Owner will inform the City of the change no more
than 30 days after the date the change is made. Registration shall include:
(a) The name, address(es) and telephone number(s) of the Owner;
(b) The names address(es) and telephone number(s) of the contact
Person(s) for the Owner:
(c) The name(s), address(es) and telephone number(s) of any contractor(s)
or subcontractor(s) who will be working in the Right -of -Way on behalf of
the Owner. If the names of contractors and subcontractors are not
available at the time of registration, they must be submitted to the City
prior to permit issuance;
(d) Proof of insurance and bonds as required in Section 76;
(e) The name(s) and telephone number(s) of an emergency contact who
shall be available 24 hours a day;
(f) The source of the Owner's Municipal Authorization (e.g., franchise, state
law, etc.). If the Owner is a certificated telecommunications provider, the
certificate number issued by the Texas Public Utility Commission; and
(g) The Owner's two-year projections of plans for the construction of Facilities
in the City at the time of registration renewal.
CITY OF ANNA, TEXAS ORDINANCE NO. �l Page 9 of 38
5.02 Registration shall be a prerequisite to issuance of a Construction Permit.
Each Owner shall update and keep current the registration with the City
at all times.
5.03 Notwithstanding any other provision of this article, the installation or
Collocation of Network Nodes in a Public Right -of -Way shall not require
any registration or permit which is not expressly authorized by LGC,
Chapter 284 (as amended).
Section 6. Construction Permits
6.01 General
(a) An Owner shall not perform any Construction or installation of Facilities
in the Public Right -of -Way without first obtaining a Construction Permit,
except as provided herein. Network Providers must file at least one Permit
application for every 30 (thirty) Network Nodes to be located in Public
Right -of -Way and receive corresponding Permits for the installation or
Collocation of those Network Nodes. In the discretion of the Director, an
Owner who is not a Network Provider may be required to apply for and
receive multiple Permit applications for Construction which will involve
more than one work site.
(b) Emergency construction related to existing Facilities may be undertaken
without first obtaining a Permit; however, the Department shall be notified
in writing within two business days of any construction related to an
Emergency response: including a reasonably detailed description of the
nature of the Emergency and the work performed in the Right -of -Way. An
updated map of any Facilities that were relocated, if applicable, shall be
provided to the Department within 90 days.
(c) A permit is not required under subsection (a) if the activity in the Public
Right -of -Way consists exclusively of:
(1) a residential service connection on the same side of the Public Right -
of -Way if the connection does not require a pavement cut; or
(2) the replacement of a single damaged pole.
(d) Unless the Director has issued prior approval, the Owner or contractor
shall not close any traffic lanes or otherwise impede traffic on Maio
Thoroughfares during the morning or evening rush hours on weekdays
during the hours of 7:00 a.m. to 9:00 a.m. or 3:30 p.m. to 6:30 p.m. Any
closure of a traffic lane for more than four hours during any non -peak
traffic period shall also require a permit unless waived by the Director.
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(e) All construction in the Right -of -Way shall be in accordance with the permit
for the Facilities. The Director and or his/her designee shall be provided
access to the work and to such further information as he or she may
reasonably require to ensure compliance with the permit.
(f) A copy of the construction permit and approved construction plans shall
be maintained at the construction site and made available for inspection
by the Director at all times when construction work is occurring.
(g) All Construction work authorized by Permit must be completed in the time
specified in the Construction Permit, but in the case of Permits granted to
Network Providers installation must begin no later than six months after
final approval and must be diligently pursued to completion. Failure to
begin construction within said six month period results in expiration of the
Permit. If the work cannot be completed in the specified time period, the
Owner may request a reasonable extension of the time period from the
Director. The Director will use his/her best efforts to approve or
disapprove a request for extension of a Permit as soon as possible. If the
request for the extension is made prior to the expiration of the Permit,
work may continue while the request is pending.
(h) Construction excavation, or work area. No Owner or contractor shall
perform construction excavation, or work in an area larger or at a location
different than that specified in the permit or permit application. If, after
construction excavation, or work is commenced under an approved
permit it becomes necessary to perform construction, excavation, or work
in a larger or different area than originally requested under the application,
the Owner or contractor shall notify the Director immediately and, within
24 hours shall file a supplementary application for the additional
construction, excavation, or work.
(i) Applicants are solely responsible for obtaining any and all necessary
permits or other approvals from other applicable regulatory authorities,
including but not limited to the Texas Public Utility Commission and the
Texas Department of Transportation. The City's issuance of a Permit is
not a substitute for approval by other regulatory authorities and does not
constitute any representation by the City that the proposed construction
would meet the requirements established by other authorities. A copy of
any permit or approval issued by federal or state authorities for work in
federal or state Rights -of -Way located in the City shall be provided, if
requested by the Department.
Q) If state or federal law addresses the same issue as any part of this Right -
of -Way management ordinance, the regulation which creates the greatest
limitations on construction activity shall control unless otherwise agreed
in writing.
CITY OF ANNA, TEXAS ORDINANCE NO. Page 11 of 38
(k) Notwithstanding any provision of this article, approvals provided by the
City shall not constitute or be deemed to be a release of the responsibility
and liability of Owner, or Owner's officers, agents, servants or employees,
Owner's engineer, or said engineer's employees, officers or agents for
the accuracy and competency of their design and specifications. Further,
any such approvals shall not be deemed to be an assumption of such
responsibility and liability by the City or the City's officers, agents,
servants or employees for any defect in the design and specifications
Prepared by Owner or Owner's officers, agents, servants or employees,
Owner's engineer, or said engineer's officers, agents, servants or
employees.
6.02 Collocation of Network Nodes on Service Poles
(a) Any Owner who seeks to Collocate Network Nodes on Service Poles
must first enter into a suitable nondiscriminatory Collocation agreement
with the City, which shall include insurance and bonding requirements,
and provisions for the removal of the Owner's equipment at no expense
to the City in the event of contract breach, widening or other construction
in the Right -of -Way, abandonment of the equipment, Owner dissolution
or bankruptcy, or similar occurrences.
(b) Prior to entering an agreement with the City under this subsection, Owner
shall supply to the City a certified report from an engineer licensed in the
State of Texas which verifies that the proposed Collocation will not
impede any function of the Service Poles at issue, or any function of other
equipment Collocated on said Service Poles and will not in any way
endanger the public. The expense of said report shall be borne solely by
the Owner.
(c) Owners of Network Nodes on Service Poles shall pay to the City an
annual fee for each pole as set forth in the City's fee schedule. Terms for
the timing of payment shall be included in the Collocation agreement.
6.03 Other Modifications and Pole Attachments
(a) Any desired modification from the technical specifications of an existing
Permit requires a new Permit application or amendment to a pending
Permit application. For purposes of this provision, "modification" shall
include but not be limited to a change in pole height, addition of equipment
which increases overall pole/structure height, rerouting or adding new
underground connections to an above -ground installation, rerouting or
adding new above -grade lines, or addition of any equipment which adds
additional or upgraded functions to an existing Facility (e.g., adding
telecom equipment to an electric pole).
CITY OF ANNA, TEXAS ORDINANCE NO. I 42 Page 12 of 38
(b) Any person or entity seeking to install additional equipment of any kind to
an existing pole owned by another entity must obtain a permit before
commencing with the work.
(c) See additional requirements of pole -attachment agreements under
Section 7.10.
Section 7. Permit Application
7.01 The Permit shall state to whom it is issued, location of work, location of
Facilities dates and times work is to take place and any other conditions
set out by the Director. Except for Network Providers (see Section
6.01(g)) if the Owner fails to act upon any permit within 90 calendar days
of issuance the Permit shall become invalid, and the Owner will be
required to obtain another Permit. No Permit shall be transferable.
7.02 The Permit will be in the name of the person who will own the Facilities to
be constructed. The permit application must be completed and signed by
an authorized representative of the Owner of the Facilities to be
constructed.
7.03 Permit applications shall be considered incomplete until all applicable
fees are tendered to the City in accordance with the City's fee schedule.
7.04 Any person requesting a Permit will provide the Director with
documentation in the format specified by the Department, at the time of
the permit application submittal, including:
(a) the proposed location and route of all Facilities to be constructed or
installed and the Owner's plan for Right -of -Way construction;
(b) three sets of engineering plans, including plan and profile, which will be
on a reasonable scale acceptable to the Department, unless waived by
the Director. When required by the Texas Engineering Practice Act, as
amended the plans must be sealed by a professional engineer licensed
to practice in the State of Texas;
(c) detail of the location of all Rights -of -Way (including utility easements) that
the Owner plans to use;
(d) detail of existing utilities located in the Right -of -Way, including the City's
utilities in relationship to Owner's proposed Facilities/route;
(e) detail of what Owner proposes to construct including size of Facilities,
services to be provided by the Facilities, materials used, and other details
such as pipe size, total structure height, number of ducts, valves, etc;
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(f) detail of plans to remove and replace asphalt or concrete in streets, and
details for restoration within Public Right-of-Way:
(g) drawings of any bores trenches handholes, manholes, switch gear,
transformers pedestals etc. including depth and elevation located in
Public Right-of-Way,
(h) typical details of manholes and/or handholes Owner plans to use or
access:
(i) complete legend of drawings submitted by Owner, which may be provided
by reference to previously submitted documents acceptable to the City:
(j) the construction methods to be employed for the protection of existing
structures fixtures and Facilities within or adjacent to the Right-of-Way,
and the dates and times work will occur, all of which (methods, dates,
times etc.) are subject to approval of the Director, and to include an
erosion control plan at the request of the Director;
(k) For Network Nodes a certificate that all Network Nodes to be installed
comply with the applicable regulations of the Federal Communications
Commission and certification that the proposed Network Node will be
placed into active commercial service by or for a Network Provider not
later than the 60th day after the date the construction and final testing of
the Network Node is completed and other information required by the
City related to the provider's use of the Right -of -Way under LGC, Chapter
284 (as amended) to ensure compliance with said chapter; and
(1) proof of insurance and bonds as required by Section 76.
7.05 A request for a permit must be submitted at least 15 business days before
the proposed commencement of work identified in the request, unless
waived in writing by the Director.
7.06 Requests for permits will be approved or disapproved by the Director
within the following timeframes:
(a) Network nodes: 30 days to determine completeness; 60 days to approve
or deny.
(b) Node Support Poles: 30 days to determine completeness; 150 days to
approve or deny.
(c) Transfer Facilities: 10 days to determine completeness; 21 days to
approve or deny.
CITY OF ANNA, TEXAS ORDINANCE NO. Page 14 of 38
If not acted on within timeframe for approval or denial is listed above, the
permit shall be deemed approved if required by state law. Any
completeness reviews of applications for uses of Right -of -Way not listed
above will be performed within 30 days, and the City shall act to approve
or deny complete applications within 150 days, unless shorter timeframes
for review are provided under state or federal law.
If an application is determined to be incomplete, the applicant may
resubmit a completed or cured application within 30 days without payment
of a new application fee. If an application is determined to be incomplete,
the City shall specifically identify the missing information in a written
notification to the applicant. The Director will consider all information
submitted by the applicant including a review of the availability of space
in the Right -of -Way based on the applicant's proposed route and location.
If a complete application is denied, the City shall document the basis for
the denial including specific applicable code provisions or other
municipal rules regulations or other law on which the denial was based.
The City shall send the documentation by electronic mail to the applicant
on or before the date the City denies the application. If an applicant cures
the deficiencies identified in the denial documentation and resubmits
within 30 days of the denial the City shall approve or deny the completed
revised application no later than 90 days after receipt of the completed
revised application and may charge the applicant an additional
application fee for its actual costs incurred.
Review of revised applications shall be limited to the deficiencies cited in
the denial documentation. Failure to submit a completed or cured
application within 30 days will cause any subsequent submission to be
treated as a new application.
7.07 The Department or the Owner can request a pre -construction meeting
with the construction contractor.
7.08 No person receiving a permit shall authorize or otherwise allow any
equipment device or other feature not depicted in the permit application
submittal to be erected installed, attached, Collocated, or otherwise
affixed to any materials placed in a Right -of -Way. Allowing such activity
is unlawful constitutes a public nuisance, and constitutes a violation of
this ordinance for each day the improper installation remains. An Owner
must take action to remove an installation exceeding the scope of the
permit within 48 hours of receiving notice of a violation of this section from
the City or the City may remove the improper installation at the Owner's
CITY OF ANNA, TEXAS ORDINANCE NO. I Page 15 of 38
7.09 Submission of an application for a Permit constitutes the Owner's
acceptance of responsibility for monitoring the Facilities which are the
subject of the respective Permit, and agreement that any future transfer
of Ownership of Facilities in any Right -of -Way is strictly limited to the
exact specifications of an approved permit, and further that the Owner
originally listed on an approved permit is responsible for all costs of City
abatement of an it improperly installed equipment or failure to timely
conform as needed for public improvements, except as may be
specifically provided for in this article or applicable franchise agreement.
7.10 Owner shall provide the City a cop of f any related pole attachment
contract (or any other arrangement for Collocation on or within Owner's
Facilities) as part of the Owner's permit application. Said contract must
include as a binding term, a provision requiring the Owner or the
collocating entity to move all of its equipment to a new permitted location
within 30 days after notice that relocation is necessary. Said contract must
also provide that if it is necessary to remove or relocate any Facilities and
the collocating entity fails to move its equipment within 30 days after
receiving notice of the need to move, the collocatinq party authorizes both
the permit applicant (or pole Owner, as applicable) and the City to transfer
or remove the equipment at the permit applicant's expense and fully
indemnifies and holds harmless the City (and its officers, employees,
contractors and other agents) from all liability to the same degree as
described by Texas Utilities Code § 252.006(c)(as amended).
Submission of an unexecuted or nonconforming contract shall result in
denial of the permit application.
.11 Supplementation. Any person receiving a permit under this section shall
have an ongoing duty to promptly provide written notice to the City of any
proposed or anticipated change to the application details previously
supplied to the City, including but not limited to providing notice to the City
of any proposal for Collocation of any other party's equipment on
previously permitted Facilities. Work under a proposed modification to a
permit cannot commence unless all relevant information is supplied to the
City at least 15 days in advance, unless otherwise waived in writing by
the Director.
Section 8. Design Standards for Network Providers
8.01 Each new. modified, or replacement Utilitv Pole or Node Support Pole
installed in a Public Right -of -Way must be within the scope of an
approved Permit and constructed in compliance with the Design Manual
adopted by the City. The Design Manual in use by the City on the date
the permit application is filed shall control work corresponding to that
CITY OF ANNA, TEXAS ORDINANCE NO. �� Page 16 of 38
permit, if approved. The City's Design Manual is incorporated by
reference and maintained in the office of the City Secretary.
8.02 A new, modified, or replacement Utility Pole or Node Support Pole must
not exceed the lesser of:
(a) 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
(b) 55 feet above ground level
8.03 A Network Provider may not install a new Node Support Pole in a Public
Right -of -Way without the City's discretionary, non-discriminatory, and
written consent if the Public Right -of -Way is in a Municipal Park or is
adiacent to a street or thorouahfare that is:
(a) Not more than 50 feet wide; and
(b) Adjacent to single-family residential lots or other multifamily residences
or undeveloped land that is designated for residential use by zoning or
deed restrictions.
8.04 If a Network Provider is installing a Network Node or Node Support Pole
in a Public Right -of -Way described by subsection 8.03 above, then it must
comply with all private deed restrictions and other private restrictions in
the area that apply to its Facilities.
8.05 Historic or Desian Districts. A Network Provider must obtain advance
written approval from the City before collocating new Network Nodes or
installing new Node Support Poles in any area of the City zoned or
otherwise designated as a Historic District or as a Design District if the
district has or reauires Decorative Poles.
(a) The following areas have been zoned or designated as historic or Design
Districts in the City. Other areas not listed here may also be zoned or
designated as Historic or Design Districts. A complete list of such districts
is on file with the City secretary.
(1) Central Business Redevelopment District (CBRD)
(2) Thoroughfare Overlay District (THOR)
(3) All areas within 300 linear feet of a Decorative Pole approved by the
City
CITY OF ANNA, TEXAS ORDINANCE NO. '14 9 Page 17 of 38
The City requires reasonable design and/or concealment measures for
new Network Nodes or new Node Support Poles in any Historic or Design
District with Decorative Poles as a condition of approval. Network
Providers must comply with the design and aesthetic standards of the
district and explore the feasibility of using camouflage measures to
improve the aesthetics of the new Network Nodes, new Node Support
Poles, or related ground equipment, or any portion of the nodes, poles, or
equipment, to minimize the impact on to the aesthetics in a Historic
District or on a Design District's Decorative Poles.
(c) No provision of this subsection (e) shall be construed as a limitation on
the City's authority to enforce historic preservation zoning regulations
consistent with the preservation of local zoning authority under state or
federal law.
8.06 Limitations on the size of Network Nodes.
(a) Network Nodes must conform to the following conditions:
(1) Each Antenna that does not have exposed elements and is attached
to an existing Structure or Pole:
(i) Must be located inside an enclosure of not more than six cubic feet
in volume;
(ii) May not exceed a height of three feet above the existing Structure
or Pole; and
(iii) 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:
(i) Must fit within an imaginary enclosure of not more than six cubic
feet;
(ii) May not exceed a height of three feet above the existing
Structure or Pole; and
(iii) 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:
CITY OF ANNA, TEXAS ORDINANCE NO. Page 18 of 38
(i) Be more than 28 cubic feet in volume; or
(ii) Protrude from the outer circumference of the existing structure or
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 deeaer 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
a calculation of eauiament volume under subsection (a):
M Electric meters;
,(2) Concealment elements;
Telecommunications demarcation boxes;
Grounding equipment;
Power transfer switches;
Cut-off switches; and
M 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.
(e) A Network Provider may construct, modify, or maintain in a Public Right -
of -Way a Network Node or Node Support Pole that exceeds the height or
distance limitations prescribed by this article only if the City approves the
construction, modification, or maintenance subject to all applicable zoning
or land use regulations and all applicable codes.
8.07 Network Providers must ensure that the vertical height of an equipment
cabinet installed as part of a Network Node does not exceed the height
limitation prescribed by this section, subject to approval of the Pole's
owner if applicable.
8.08 Underaroundina. Network Providers must complvwith all undergroundin
requirements imposed by City ordinance, 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 obtaininq zoninq or land use approval. Such requirements or
CITY OF ANNA, TEXAS ORDINANCE NO. I Page 19 of 38
restrictions shall not prohibit a Network Provider from replacing an
existing structure subject to compliance with other applicable regulations.
Section 9 — Section 10. Reserved.
Section 11. Construction Standards
11.01 All Construction shall be in conformance with all City codes and
applicable local, state and federal laws.
11.02 Construction of Network Nodes and Node Support Poles shall be
conducted in a manner which does not:
(a) Obstruct impede or hinder the usual travel or public safety on a Public
Right -of -Way, except as permitted by City ordinance;
(b) Obstruct the legal use of a Public Right -of -Way by other utility providers;
(c) Violate nondiscriminatory applicable codes;
(d) Violate or conflict with the City's Right -of -Way design specifications; or
(e) Violate the federal Americans with Disabilities Act of 1990 (42 U.S.C.
Section 12101 et seq. (as amended)).
11.03 The Department must be notified two business days in advance that
construction is ready to proceed by either the Owner, its contractor or
authorized representative. At the time of notification, the Owner will inform
the Department of the number (or other information) assigned from the
appropriate one -call notification center. "Notification center" means the
same as in Texas Utilities Code Ch. 251, or its successor. The name,
address and phone numbers of the contractor or subcontractor who will
perform the actual Construction, including the name and telephone
number of an individual with the contractor who will be available at all
times during Construction. Such information shall be required prior to the
commencement of any work.
11.04 Public Notification.
(a) For any closure of a traffic lane or blocking of a sidewalk or alley lasting
six days or less the permittee shall conspicuously mark its vehicles with
the permittee's name and telephone number.
CITY OF ANNA, TEXAS ORDINANCE NO. r] 4 9 Page 20 of 38
(b) For protects scheduled to last more than seven calendar days, a three
feet by three feet informational sign stating the identity of the person
doing the work a local telephone number and Owner's identity shall be
placed at the location where construction is to occur 48 hours prior to
the beginning of work in the Right -of -Way and shall continue to be
posted at the location during the entire time the work is occurring. The
informational sign will be posted on the Public Right -of -Way 100 feet
before the construction location commences, unless other posting
arrangements are approved or required by the Director.
(c) When projects last more than seven calendar days, the Owner shall
also provide written notification to all adjacent property occupants 48
hours prior to the beginning of construction. Informational fliers shall
include the person doing the work, a local telephone number, Owner's
identity, and proposed schedule.
11.05 Erosion control measures (e.q. silt fence) and advance warning signs,
markers cones and barricades must be in place before work begins.
11.06 Lane closures on MalorThoroughfares will be limited to one lane between
9:00 a.m. and 3:30 p.m. unless the Director grants prior approval. Arrow
boards will be required for lane closures on all arterials and collectors,
with all barricades advanced warning signs and 36 -inch reflector cones
placed according to the Texas Manual on Uniform Traffic Control Devices.
Owner shall provide a traffic control plan for all work in the Public Rights -
of -Way for City review and approval, and except for Emergency work, no
work shall commence prior to City approval of the traffic control plan.
11.07 Without affecting the legal relationship between the Owner and their
contractor, Owners are responsible for the workmanship of, and any
damages caused by, their contractors or subcontractors. A responsible
representative of the Owner will be available to the Department at all
times during construction.
11.08 Owner shall be responsible for storm water management, erosion control
and excavation safety measures that comply with City, state and federal
guidelines. Requirements shall include, but not be limited to, construction
fencing around any excavation that will be left overnight, silt fencing in
erosion areas until reasonable vegetation is established, barricade
fencing around open holes and high erosion areas will require wire
backed silt fencing. Upon request, Owner may be required to furnish
documentation submitted or received from federal or state government.
CITY OF ANNA, TEXAS ORDINANCE NO. lig F Page 21 of 38
11.09 Owner or contractor or subcontractor will notify the Department
immediately of any damage to other utilities, either City or privately
owned.
1.10 It is the City's policy not to cut streets or sidewalks; however, except in
case of Emergency when a street or sidewalk cut is required, prior
approval must be obtained from the Department and all requirements of
the Department shall be followed in all street and sidewalk cuts. Repair
of all street and sidewalk removals must be made promptly to avoid safety
hazards to vehicle and pedestrian traffic, and shall be in accordance with
City standard specifications and details for restoration within Public
Rights -of -Way.
1.11 Installation of Facilities must not interfere with City utilities, in particular
gravity dependent Facilities. Facilities shall not be located over, or within
three feet horizontally or vertically, of any water or sanitary sewer mains,
unless approved by the Director.
11.12 New Facilities must be installed to a minimum depth required by state and
federal codes and standards.
11.13 All directional boring shall have a locator place bore marks and depths
while the bore is in progress. Locator shall place a mark at each stem with
a paint dot and depth at least every other stem.
11.14 No directional boring zones. In the City, the public infrastructure must be
maintained and protected by all Owners and contractors. The public
health safety and welfare is at risk when damages to water and sewer
mains occur. To protect the water and sewer system, no person, agency,
or contractor will be allowed to directionally bore longitudinally with water
mains that are larger than eight inches and sewer mains that are eight
inches or larger, unless this requirement is waived in writing by the
Director. The installation of Facilities in the Public Rights -of -Way or
easements will be installed by open excavation to assure the protection
of the City's water and sewer system.
11.15 Hours of Operation for Non-Emerqencv Work. Construction may not start
earlier than 7:00 a.m. on weekdays nor continue after dark without prior
permission from the City. Construction on Saturday may not start before
7:00 a.m. and must be approved by the Director by noon on the Thursday
prior to the proposed Saturday. Unless otherwise expressly permitted
herein or as specifically provided for in a permit issued under this Article
50 construction shall not continue after 7:00 p.m. or prior to 7:00 a.m.
Work on Sunday is prohibited without special permission by the City
Manager or his/her designee. An afterhours fee must be paid to the City
CITY OF ANNA, TEXAS ORDINANCE NO.,7q ? Page 22 of 38
prior to Saturday work if City inspection is required. The Saturday
inspection fee must be paid prior to noon on Thursday prior to the
Saturday in which the work is to be performed. Construction work on
recognized Cit by olidays is prohibited. The additional fees described in
this section are not applicable to installation or Collocation of Network
Nodes.
11.16 Persons working in Public Rights -of -Way are responsible for obtaining
line locates from all affected utilities or others with Facilities in the Right -
of -Way prior to any excavation. Use of a geographic information system
or the plans of records does not satisfy this requirement.
11.17 The Owner of any Facilities located within Public Rights -of -Way is
required to mark the location of such Facilities when requested by the
City. Location and marking of said Facilities shall occur within two hours
of an emergency request and within forty-eight hours of a non-
emergency request.
11.18 Owner will be responsible for verifyinq the location, both horizontal and
vertical of all Facilities. When required by the Department, Owner shall
verify locations by pot holing hand digging, or other methods approved
by the Department prior to any excavation or boring.
11.19 Placement of all manholes and/or handholes must be approved in
advance by the Department. Handholes or manholes will not be located
in sidewalks, unless approved by the Director.
11.20 Locate flags shall not be removed from a location while Facilities are
being constructed.
11.21 When Construction requires pumping of water or mud, the water or mud
shall be contained in accordance with federal and state law and the
directives of the Department.
11.22 A Person shall perform operations, excavations and other construction in
the Public Rights -of -Way in accordance with all applicable City
requirements including the obligation to use trenchless technology
whenever commercially economical and practical and consistent with
obligations on other similar users of the Public Right -of -Way. The City
shall waive the requirements of trenchless technology if it determines that
the field conditions warrant the waiver, based upon information provided
to the City by the person. All excavations and other construction in the
Public Rights -of -Way shall be conducted so as to minimize interference
with the use of public and private property. A person shall follow all
CITY OF ANNA, TEXAS ORDINANCE NO. 74V Page 23 of 38
reasonable construction directions given by the City in order to minimize
any such interference.
11.23 All construction shall conform to the City tree preservation standards.
11.24 Excavation safety. On construction protects in which excavation will
exceed a depth of five feet, the agency must have detailed plans and
specifications for excavation safety systems. The term "excavation"
includes trenches, structural features, or any construction that has
earthen excavation subject to collapse. The excavation safety plan shall
be designed in conformance with state law and occupational safety and
health administration (OSHA) standards and regulations.
11.25 Confined Space. On construction Droiects that involve entry into a
"confined space" or "permit -required confined space" as said terms are
defined under 29 CFR �1910.146(b), as amended, the Owner shall
comply with all related City regulations and applicable state and federal
law.
11.26 To the extent permitted under state law and/or an applicable tariff from
the Texas Public Utility Commission and where it is technologically
feasible, it is preferred that all Facilities be installed underground. Any
claim that underground installation is not technologically feasible is
subject to denial by the Director unless the permit application is
accompanied by a suitable report prepared by a civil engineer licensed in
Texas, which said report individually addresses the conditions that
prevent the feasibility of underground installation on each site where
above -ground installation is proposed. Cost of installation must not be the
sole factor used to support a claim that underground installation is not
feasible.
Section 12. As -Built Plans
12.01 Riaht-of-wav users will provide the Director with "as -built plans" within 90
days of completion of Facilities in the Right -of -Way. The plans shall be
provided to the City with as much detail and accuracy as required by the
Director. All the requirements specified for the plans submitted for the
initial permit, as set forth in Sec. 7.04 shall be submitted and updated in
the as -built plans. Users that have Facilities in the Right -of -Way existing
as of the date of this article who have not provided as built plans shall
provide 1/4 of the information concerning Facilities in City Right -of -Way
within one year after the passage of this article and 1/4 each six months
thereafter. The detail and accuracy will concern issues such as location,
size of Facilities, materials used, and any other health, safety and welfare
concerns. Submittal of as -built plans shall be in digital format compatible
CITY OF ANNA, TEXAS ORDINANCE NO. 7 , Page 24 of 38
with City hardware and software or shall be subject to a conversion fee,
except that a conversion fee shall not be charged when the plans depict
only installation or Collocation of Network Nodes. Owner shall include one
scalable set of plans in a paper format.
12.02 If as -built plans submitted under this section include information expressly
designated by the Owner as a trade secret or other confidential
information protected from disclosure by state law, the Director may not
disclose that information to the public without the consent of the Owner,
unless otherwise compelled by a decision of the Attorney General
pursuant to the Texas Public Information Act, Texas Government Code
Chapter 552 as amended, or by a court having jurisdiction of the matter
pursuant to applicable law. This subsection may not be construed to
authorize an Owner to designate all matters in its as -built plans as
confidential or as trade secrets.
12.03 The requirements set forth in subsection 12.01, above, or portions of said
requirements, may be waived by the Director for good cause.
Section 13. Conformance with Public Improvements
13.01 Whenever by reasons of widening or straightening of streets, sidewalks,
water or sewer line projects, or any other City project, it shall be deemed
necessary by the governing body of the City to remove, alter, change,
adapt, or conform an Owner's underqround, above ground, or overhead
Facilities within the Right -of -Way to another part of the Right -of -Way,
such alterations shall be made by the Owner of the Facilities at the
Owner's expense (unless provided otherwise by state law, a franchise, a
license or a Municipal Authorization until that grant expires or is otherwise
terminated). The Owner shall be responsible for conforming its Facilities
within mutually agreed upon time limits. If no time limits can be agreed
upon the time limit shall be 90 days from the day the City secures any
additional Right -of -Way and transmits final plans and notice to make the
alterations. The Owner of Facilities shall be responsible for any direct
costs associated with project delays associated with failure to conform
Facilities within the mutually agreed upon time limits. Reimbursement for
all costs provided for by this subsection shall be made within 30 calendar
days. Responsibility for the costs required to remove, alter, change,
adapt or conform Facilities ("modify" herein) is not affected by any
transfer of Ownership of some or all of the Facilities from the original
Owner to any other person, unless the original Owner establishes to the
City's satisfaction that (1) the transfer of Ownership of the Facilities at
issue was completed no less than 30 days prior to receipt of notice to
modify the Facilities and (2) responsibility for the costs of removal,
relocation modification, and similar costs was disclosed to and accepted
by the new Owner, who also provided the City with suitable
Y
CITY OF ANNA, TEXAS ORDINANCE NO. lq 9 Page 25 of 38
documentation of all necessary bonds and insurance verifications prior to
the receipt of notice to modify the Facilities. Any attempted transfer of
Facility Ownership (whether by sale, gift, abandonment, quitclaim, or any
other devise) which does not comply with the requirements of this section
shall be ineffective to relieve the original Owner of financial responsibility
for the costs to modify the Facilities, and the City may use any means to
recover its costs or ensure the prompt completion of the necessary work
to modify the Facilities, including but not limited to making claims against
bonds, issuing fines, pursuing liens, or any other lawful means.
13.02 An Owner may trim trees in or over the Public Rights -of -Way for the safe
and reliable operation, use and maintenance of its Facilities, subject to
any City regulations related to tree preservation. All tree trimming shall be
performed in accordance with standards promulgated by the National
Arborist Association and the International Society of Arborculture. Should
the Owner, its contractor or agent, fail to remove such trimmings within
24 hours, the City may remove the trimmings or have them removed, and
upon receipt of a bill from the City, the Owner shall promptly reimburse
the City for all costs incurred within 30 calendar days.
13.03 An Owner shall temaorarily remove, raise or lower its aerial Facilities to
permit the movina of houses or other bulkv structures. The Owner shall
temporarily remove, raise or lower its aerial Facilities within 15 working
days of receiving a copy of a permit issued by the City. The expense of
these temporary rearrangements shall be paid by the party or parties
requesting and benefiting from the temporary rearrangements. The
Owner may require prepayment or prior posting of a bond from the party
requesting the temporary move.
Section 14. Improperly Installed Facilities
14.01 Any Owner doinq work in the City Right -of -Way shall properly install,
repair, upgrade and maintain Facilities.
14.02 Facilities shall be considered to be improperly installed, repaired,
upgraded or maintained if:
(a) the installation, repair, upgrade or maintenance endangers people or
property;
(b) the Facilities do not meet the applicable City codes;
(c) the Facilities are not capable of being located using standard practices;
or
CITY OF ANNA, TEXAS ORDINANCE NO. 1 4 3 Page 26 of 38
(d) the Facilities are not located in the proper place at the time of construction
in accordance with the directions provided by the Department or the plans
approved by the Department.
Section 15. Location of Utility Structures
15.01 Utility Structures not exceeding 20 cubic feet are allowed in the Right -of -
Way or utility easements, subject to available room and located as
approved by the Director. The placement of Utility Structures larger than
20 cubic feet but not exceeding 30 cubic feet will be reviewed on a case-
by-case basis by the Director. Such structures shall not encroach within
a sidewalk area includinq a vertical clearance of 14 feet above the
sidewalk or within the sight visibility area.
15.02 Utility Structures larger than 30 cubic feet shall be located as close as
practical to the back of a public or private utility easement and subject to
available room and located as approved by the Director.
15.03 Above -around Facilities such as pedestals, switchinq boxes and similar
Facilities shall be located no less than three feet from the edge of an alley
or the back of street curbs and such that they do not create a physical or
visual barrier to vehicles leavinq or enterinq roads, Driveways or alleys.
Such Facilities shall not be located in front of residential lots in a manner
that creates an unreasonable visual or aesthetic impairment (as
determined by the Director) for the property Owner.
15.04 The Owner's identity and telephone number shall be placed on all Utility
Structures placed in the Rights -of -Way.
15.05 Except to the extent limited by Texas Local Government Code Chapter
284 or other applicable law, Antenna, Microwave Reflector & Antenna
Support Structures and any part or component thereof are prohibited in
Public Rights -of -Way without the express approval of the City Council by
resolution or ordinance of a franchise agreement or license. Approval of
any such Facility franchise agreement, or license is at the sole discretion
of the City council.
15.06 In areas where utilities are already present in a Right -of -Way, all Facilities
are to be installed on the same side of the roadway as existing Facilities,
unless it is established to the Director that the conformance to that
requirement is not feasible. If pre-existing utility installations are
underground in the vicinity of proposed construction, all new Facilities
must also be underground unless otherwise provided by an applicable
tariff of the Texas Public Utility Commission. Applications for above
around and underqround construction may be subject to different
CITY OF ANNA, TEXAS ORDINANCE NO. V� 3 Page 27 of 38
requirements even as applied to Facilities designed to provide similar
services.
Section 16. Restoration of Property
16.01 Owners shall restore property affected by construction of Facilities to a
condition that is equal to or better than the condition of the property prior
to the performance of the work. Owners shall submit photographs and/or
a video of the construction area at the time of the issuance of the permit.
Restoration must be approved by the Department.
16.02 Restoration must be made within ten workinq days of completion of trench
backfill fora length of 300 feet, orwithin the limits of one City block, unless
otherwise approved bV the Director. If restoration is not satisfactory and
performed in a timely manner, after written notice, then all work in
progress (except that related to the problem), including all work previously
permitted but not complete, may be halted at City direction and a hold
maV be placed on any future permits until all restoration is complete.
16.03 Upon failure of an Owner to perform such restoration, and five days after
written notice has been given to the Owner by the City, and in the event
restoration has not been initiated during such five-day period, the City
may repair such portion of the Public Rights -of -Way as may have been
disturbed by the Owner, its contractors or agents. Upon receipt of an
invoice from the City, the Owner will reimburse the City for the costs so
incurred within 30 calendar days from the date of the City invoice.
16.04 If the City determines that the failure of an Owner to properly repair or
restore the Public Rights -of -Way constitutes a safety hazard to the public,
the City may undertake emergency repairs and restoration efforts, after
emergency notice has been provided, to the extent reasonable under the
circumstances. Upon receipt of an invoice from the City, the Owner shall
Promptly reimburse the City for the costs incurred by the City within 30
calendar days from the date of the City invoice. If payment is not received
within the 30 calendar days, the City shall initiate a claim for
compensation with the appropriate bonding company.
16.05 Should the Citv reasonably determine, within two years from the date of
the completion of the repair work, that the surface, base, irrigation system
or landscape treatment requires additional restoration work to meet the
standards of subsection (a) an Owner shall perform such additional
restoration work to the satisfaction of the City, subject to all City remedies
as provided herein or available at law or in equity.
16.06 Restoration must be to the reasonable satisfaction of the Department.
The restoration shall include, but not be limited to:
CITY OF ANNA, TEXAS ORDINANCE NO. X74 Y Page 28 of 38
(a) replacing all ground cover with the type of ground cover damaged during
work to a condition equal to or better either by sodding or seeding, or as
directed by the Department;
(b) adiusting of all manholes and handholes, as required;
(c) backfilling all bore pits, potholes, trenches or any other holes shall be
completed daily, unless other safety requirements are approved by the
Department. Holes with only vertical walls shall be covered and secured
to prevent entry. If bore pits, trenches or other holes are left open for the
continuation of work, they shall be fenced and barricaded to secure the
work site as approved by the Department;
(d) leveling of all trenches and backhoe lines;
(e) restoration of excavation site to City specifications;
(f) restoration of all paving, sidewalks, landscaping, ground cover, trees,
shrubs and irrigation systems.
(g) removal of all locate flags durinq the cleanup process by the Owner or
his/her contractor at the completion of the work.
Section 17. Revocation or Denial of Permit
If any of the provisions of this article are not followed, a Permit may be revoked
y the Director or his/her designee. If a person has not followed the terms and
conditions of this article in work done pursuant to a prior permit, new Permits
may be denied or additional terms required. Revocation shall be effective upon
the expiration of 15 days after written notice of the violation(s), unless cured
during that period, except for violations which pose a threat to public safety or
health for which the revocation will be immediate upon delivery of written notice.
Section 18 — Section 49. Reserved.
Section 50. Appeals
50.01 Applicability. Appeals may be filed pursuant to this section for decisions
of the Director related to the denial, suspension, or revocation of a Permit.
However, the appeal process provided by this section shall not be
available for criminal violations of this article.
50.02 Appeal to City Manager. A permittee may appeal decisions referred to in
subsection (a) above by filing a written appeal with the City manager
within seven working days of receipt of denial, suspension, or revocation
CITY OF ANNA, TEXAS ORDINANCE NO. r? W Page 29 of 38
of the permit. An appeal filed pursuant to this section shall specifically
state the basis for the aggrieved party's challenge to the City's authority
under this article, including but not limited to citations to all statutes,
regulations decisions, rulings, and other law or legal authority upon which
a permittee relies.
50.03 Issuance of decision by City Manager. Decisions of the City Manager
shall be issued within five business days of receipt of the written appeal.
Decisions of the City Manager shall be final.
Section 51 — Section 74. Reserved.
Section 75. Indemnity
75.01 Each Owner placing Facilities in the Public Rights -of -Way shall promptly
defend, indemnify and hold the City harmless from and against all
damages, costs, losses or expenses: (1) for the repair, replacement, or
restoration of City's property, equipment, materials, structures and
Facilities which are damaged, destroyed or found to be defective as a
result of the Owner's acts or omissions; and (2) from and against any and
all claims, demands, suits, causes of action, and judgments for (i) damage
to or loss of the property of any person or third party (including, but not
limited to the City's and Owner's respective agents, officers, employees
and any third parties); and/or (ii) death, bodily injury, illness, disease, loss
of services, or loss of income or wages to any person (including, but not
limited to the agents) arising out of, incident to, concerning or resulting
from the negligent or willful act or omissions of the Owner, its agents,
employees, and/or subcontractors, in the performance of activities
ooverned under this article.
75.02 This indemnity provision shall not apply to any liability resulting from the
negligent or willful acts of the City, its officers, employees, agents,
contractors, or subcontractors.
75.03 The provisions of this indemnity are solely for the benefit of the City and
are not intended to create or grant any rights, contractual or otherwise, to
any other person.
75.04 A Permit is automatically revoked if Ownership of the Facilities is
transferred to any person under terms which do not subject the new
Owner(s) to the indemnity and hold harmless requirements of this article.
Section 76. Insurance Requirements
76.01
CITY OF ANNA, TEXAS ORDINANCE NO. 9 q d Page 30 of 38
(a) An Owner must provide acceptable proof of insurance in the total
amount required by this section for Permits for Construction within
Public Rights -of -Way, or make other provisions acceptable to the
Director.
(b) The coverage
must be on an
'occurrence" basis
and must include
coverage for
personal injury,
contractual liability,
premises liability,
medical damages,
underground,
explosion and collapse
hazards.
(c) The Owner shall file the required original certificate of insurance prior to
the issuance of a Permit. The certificate shall state the policy number;
name of the insurance company; name and address of the agent or
authorized representative of the insurance company; name, address
and telephone number of insured; policy expiration date; and specific
coverage amounts.
(d) Owner shall file an annual surety bond, which will be valid for one full
year, from a surety company authorized to do business in the State of
Texas in the amount equal to the estimated amount of the cost to restore
the Right -of -Way for the work anticipated to be done in that year, in the
event the Owner leaves a lob site in the Right -of -Way unfinished,
incomplete or unsafe. Owner may make other provisions, in lieu of a
bond, as acceptable to the Director.
(e) Owner shall file a maintenance bond for 25% of the cost of restoring the
Right -of -Way for the preceding year. Said bond shall be in force for two
years. Owner may make other provisions, in lieu of a bond, as
acceptable to the Director.
(f) The above requirements (a) -(e) may be met by utilities with a current
franchise, license or Municipal Authorization if their current franchise,
license or Municipal Authorization adequately provides for insurance or
bonds and provides an indemnity in favor of the City.
(g) The City will accept certificates of self-insurance issued by the State of
Texas or letters written by the agency in those instances where the state
does not issue such certificates, which provide the same or better
coverage as required herein. However, certificates of self-insurance
must be approved in advance by the City Attorney.
(h) An insurer has no right of recovery against the City. The required
insurance policies shall protect the agency or public infrastructure
contractor and include the City as an additional insured. The insurance
shall be primary coverage for losses covered by the policies.
CITY OF ANNA, TEXAS ORDINANCE NO.'7 43 Page 31 of 38
(i) Each policy must include a provision that requires the insurance
company to notify the City in writing at least 30 days before canceling
or failing to renew the policy or before reducing policy limits or
coverages.
76.02 Insurance Requirements
(a) Owners. Each Owner applying for a permit shall obtain, maintain, and
provide proof of each of the following types of insurance and coverage
limits:
(1) Commercial general liability on an occurrence form with minimum
limits of $5,000,000.00 per occurrence and $10,000,000.00
aggregate. This coverage shall include the following:
(i) Products/completed operations to be maintained for one year;
(ii) Personal and advertising injury:
(iii) Owners and contractors protective liability; and
(iv) Explosion, collapse, or underground (XCU) hazards.
(2) Automobile liability coverage with a minimum policy limit of
$1,000,000.00 combined single limit. This coverage shall include all
owned, hired and non -owned automobiles.
(3) Workers compensation and employers liability coverage. Statutory
coverage limits for coverage A and $500,000.00 coverage B
employer's liability is required.
(b) Contractors and sub -contractors. Each contractor and sub -contractor
applying for a permit shall obtain maintain, and provide proof of insurance
for the same types of insurance coverages outlined in subsection (b)(1)(a)
above however, the policy limits under the general liability insurance shall
be $1,000,000.00 per occurrence and $2,000,000.00 aggregate. All other
coverage provisions outlined in subsection (a)(1) above shall apply.
(c) An Owner or contractor that has registered and filed proof of insurance
under in accordance this article is not required to furnish separate proof
of insurance under this section when obtaining a Permit but must comply
with all other requirements of this section.
(d) A Permit is automatically revoked if any Owner transfers Ownership of
any Facilities to any person who does not have insurance coverage
meeting or exceedinq all of the reQuirements detailed above, including
CITY OF ANNA, TEXAS ORDINANCE NO. % Page 32 of 38
without limitation those relating to naming the City as an additional
insured, without express prior written approval from the City.
Section 77. Driveways and Other Private Improvements
77.01 The requirements and regulations in this section apply to Driveways and other
private improvements constructed in the Public Right -of -Way for the benefit of the
adjacent property.
77.02 Driveways
(a) A Permit shall be required to construct a Driveway or to reconstruct, alter,
or repair any Driveway approach or other related improvement located
within a Public Right -of -Way.
(b) Application for such Permit shall be made by the Owner of the adjacent
property, who shall represent all parties in interest.
(c) The permit application shall be in writing on a form provided by the City
and shall include a site plan showing in sufficient detail the nature of the
work proposed in the application including location, width, and related
dimension of the proposed Driveway and related improvements.
(d) The construction, alteration, or repair of a Driveway shall conform to the
applicable construction standards and other related development
regulations adopted by the City. The Director may apply other desiqn and
construction criteria as deemed necessary.
(e) The applicant shall furnish all materials necessary for the construction of
the Driveway and appurtenances authorized by a permit issued under this
section. All materials shall be of satisfactory quality, and shall be subject
to inspection and approval of the City.
77.03 Other Private Improvements in Public Rights -of -Way
(a) A permit is required to construct or make private improvements in the
Public Right -of -Way for the benefit of the adjacent property. A permit
shall only be issued where such private improvements are specifically
authorized by the laws and regulations of the City.
(b) Permits under this section may be issued and are required for the
following private improvements within a Public Right -of -Way:
CITY OF ANNA, TEXAS ORDINANCE NO.,,? g Page 33 of 38
(1) To plant or replace landscaping that has been authorized to be placed
within the Public Right -of -Way.
(2) To install or replace outdoor irrigation systems.
(c) Permits are not required to plant or replace turf grass, or to repair an
outdoor irrigation system located within a Public Right -of -Way.
(d) Application for such permit shall be made by the Owner of the adjacent
property, who shall represent all parties in interest. The permit application
shall be in writing on a form provided by the City and shall include a site
plan showing in sufficient detail the nature of the work proposed in the
application including location, width, and related dimension of the
proposed improvements.
(e) The following private improvements are prohibited in Public Rights -of-
Way -
(1) Planting any tree, shrub or other plant, except for turf grass and other
plants authorized by a landscape plan approved by the City;
(2) Any other private improvement not specifically authorized by the laws
and regulations of the City.
77.04 Maintenance and Repair
(a) The Owner of the adjacent property shall be responsible for the perpetual
maintenance and repair of Driveways and other private improvements
constructed in the Public Right -of -Way for the benefit of the adjacent
Property.
(b) If the City determines that the failure of an adjacent property Owner to
Properly repair or maintain a Driveway or other private improvement
within a Public right -Of -way constitutes a safety hazard to the public, the
City may undertake repairs and restoration efforts, after notice has been
provided to the adjacent property Owner, to the extent reasonable under
the circumstances. Upon receipt of an invoice from the City, the Owner of
the adjacent property shall promptly reimburse the City for the costs
incurred by the City within 30 calendar days from the date of the City
invoice. If payment is not received within the 30 calendar days, the City
may file a lien against the adjacent property, or take any other action
allowed in law or in equity.
CITY OF ANNA, TEXAS ORDINANCE NO. G `+ Page 34 of 38
(c) The requirements in Section 16, Restoration of Property, and City
standard specifications and details for restoration within Public Rights -of -
Way apply to all work performed in connection with a permit authorized
by this section and any other work related to improvements constructed
in the Public Right -of -Way.
Section 78 — Section 79. Reserved
Section 80. Cost Participation Agreements.
In accordance with any applicable state law or tariffs of the Texas Public Utility
Commission, permit applicants may enter into agreements with the City and/or
third parties to distribute or offset the costs of non-standard Facility installations
(i.e., certain underground installations) which may be required under this article.
Such agreements shall always be in writing, signed by all parties to be bound,
filed with the City, and are subject to approval by vote of the City council if the
City is a necessary party.
Section 81. Exemptions.
(a) All utility companies which have a valid franchise agreement with the City
shall be exempt from the Right -of -Way construction permit fee listed in the
City's Fee Schedule.
(b) The City is exempt from the requirements of this article.
(Ord. , adopted ).
Section 4. Adding Section 12 and Section 13 to Article 5 of Part IV of the Anna
Code.
4.01 This ordinance amends Part IV, Article 5 of the Anna Code by adding the
provisions to become and made part of Anna Code, as a portion of the City's "Schedule
of Fees" as follows:
Article 5. General Miscellaneous Fees
Section 12. Right -of -Way Fees
Construction
CITY OF ANNA, TEXAS ORDINANCE NO. J q Y Page 35 of 38
See Part II, Article 50 for definitions of the terms below.
(a) Network Nodes and Transport Facilities: The lesser of
i) Actual cost to the City, or
ii) $500 for an application including up to 5 network nodes, and $250 for
each additional network node Der aDDlication.
(b) Node Support Poles: lesser of the actual cost to the City, or $1,000 per
application for each pole.
(c) Permits for other construction in a public right-of-way: $100.
12.02 Annual Pole Attachment Rate
Rate calculated at time of application by City staff in accordance with Tex.
Util. Code § 54.204.
12.03 Annual Public Right -of -Way Rate
Unless otherwise provided by ordinance, payments of annual rates for a
calendar year shall be tendered to the City on or before September 30 of
that calendar year. Payments of annual rates for facilities installed or
constructed on or after October 1 of a calendar year shall be tendered to the
City no later than September 30 of the following calendar year.
(a) Network Nodes and Transport Facilities: $250 multiplied by the number
of Network Nodes installed in the public right-of-way in the City's
corporate limits. In the discretion of the City Council, the City may charge
a Network Provider a lower rate or fee if the lower rate or fee is
nondiscriminatory, related to the use of the public right-of-way, and not a
prohibited gift of public property.
Node Support Poles: No separate rate independent of the Network Node
rate above.
12.04 Monthly Public Right -of -Way Rate
(a) Transport Facilities installed by a Network Provider: $28 multiplied by the
number of the Network Provider's Network Nodes in the public right-of-
way for which the installed Transport Facilities provide backhaul. This
rate is in addition to the annual public right-of-way rate applicable to the
Transport Facility under Section 12.04, if any. This rate shall apply unless
and until the time the Network Provider's payment of other municipal fees
to the City exceeds its monthly aggregate per -node compensation to the
Citv (e.q., under LGC, Chapter 283 or Texas Utilities Code, Chapter 66).
CITY OF ANNA, TEXAS ORDINANCE NO. �7 Page 36 of 38
Transport Facilities installed by non -Network Provider: the base rate
supplied by City staff at the time of application, multiplied by the number
of Network Nodes in the public right-of-way for which the Owner's
Transport Facilities provide backhaul. Persons building or installing
Network Nodes, or Node Support Poles (or any other structure) that
supports, or is capable of supporting, a Network Node, under a
contractual arrangement with a Wireless Service Provider shall be
subject to the rate applicable to Network Providers above.
12.05 Annual Service Pole Collocation Rate
(a) Network Nodes: $20 per service pole per year
Section 13. Other Public Right -of -Way Improvement Fees*.
13.01 Driveways and other curb cuts $100.00
* A permit fee is not required if: 1) the permit is being issued in connection
with the construction of a new residential or non-residential buildingor 2)
the work described in the permit is included in another permit issued
concurrently to the applicant.
(Ord. No. , adopted ).
Section 4. Adoption of Design Manual.
The City of Anna hereby adopts the "City of Anna Design Manual for the Installation of
Network Nodes and Node Support Poles pursuant to Tex. Loc. Gov't Code, Chapter
284." Said design manual may be amended from time to time by City staff in order to
conform to changes in state or federal law. A current copy of this document will be
maintained in the office of the City Secretary.
Section 5. Savings, Severability and Repealing Clauses.
All ordinances of the City in conflict with the provisions of this ordinance are repealed to
the extent of that conflict. Cross-references in other parts, articles or sections of the
Anna Code which make reference to previous enactments carrying the same
designation as any section amended by this ordinance shall be construed as
referencing whichever currently effective provision best preserves the original intent and
effect of the cross-reference. If any provision of this ordinance shall be held to be invalid
or unconstitutional, the remainder of such ordinance shall continue in full force and
CITY OF ANNA, TEXAS ORDINANCE NO. Page 37 of 38
effect the same as if such invalid or unconstitutional provision had never been a part
hereof. The City declares that it would have passed this ordinance, and each section,
subsection, clause, or phrase thereof irrespective of the fact that any one or more
sections, subsections, sentences, clauses, and phrases be declared unconstitutional or
invalid.
Section 6. Publication of the Caption Hereof and Effective Date.
This ordinance shall be in full force and effective from and after the later date of
September 1, 2017, or after its passage and upon the posting and/or publication, if
required by law, of its caption and the City Secretary is hereby directed to implement
such posting and/or publication.
PASSED by the City Council of the City of Anna, Texas, this day of
<_Qe 2017.
ATTESTED: APPR E
City Secretary, Carrie Smith Mike Crist
O F ,y
�
j
CITY OF ANNA, TEXAS ORDINANCE NO. 30 Page 38 of 38
SECTION 1. PURPOSE AND APPLICABILITY.
The City of Anna ("City") recognizes that the State of Texas has delegated to the City the
ability to manage the public right-of-way for the health, safety, and welfare of the public to Texas
municipalities.
Purpose: Loc. Gov't 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't
Code, Chapter 284, Sec. 284.002 as "Micro Network Nodes", "Network Nodes", and "Node
Support Poles".
As expressly allowed by Tex. Loc. Gov't Code, Chapter 284, Section 284.108, and
pursuant to its police power authority reserved in Sec. 284.301 1, the City adopts this Design
Manual in order to establish necessary and uniform standards, 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 of Wireless
Facilities, including Micro Network Nodes, Network Nodes, Node Support Poles and related
ground equipment being installed pursuant to Loc. Gov't 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 Regulations: A Network Provider shall comply with The Anna City Code of Ordinances
("Anna Code"), including without limitation Part II, Article 50 "Management of Public Rights -of -
Way", and Part III -C, Section 34.03 "Radio, Television, and Microwave Towers," building codes,
subdivision regulations, zoning regulations, natural resources conservation and tree protection
regulations, and other applicable law except where in conflict with this Design Manual or Chapter
284, Subchapter C.
SECTION 2. DEFINITIONS.
The definitions as used in Tex. Loc. Gov't Code, Chapter 284, Sec. 284.002 shall be used in this
Design Manual, unless otherwise noted in this Section 2, below.2
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 or undergoing repairs which will restore
function within 30 days of said notice.
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;
(B) local amendments to those codes to the extent not inconsistent with Chapter 284; and
(C) City Design Standards, as amended.
City means the City of Anna, Texas or its lawful successor.
City Manager shall mean City Manager or designee
Chapter 284 means Tex. Loc. Gov't 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 fagade, blended with surrounding area design, painted to match
the supporting area, or disguised with artificial tree branches or similar materials.
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, which have been placed or
are permitted to be placed within any area in which the City maintains uniform aesthetic standards,
including all Design Districts and Historic Districts.
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. This includes, but is not limited to the City's Central Business
Redevelopment District and THOR Overlay District as they be amended from time to time and
any other areas in that have decorative poles.
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 municipal,
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.
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 territorial 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 of Anna.
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 i l inches.
Municipal park means an area that is zoned, designated by municipal code, or otherwise
designated by the City 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 on 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:
(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
4
telecommunications.
Public right-of-way management ordinance means any now -existing or newly enacted ordinance
or Anna Code provisions that comply with Chapter 284, Subchapter C (as amended).
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.
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.
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.
Transport service means use of a transport facility.
Underground Requirement Area shall mean means 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.
5
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
(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.
1.2 Each permit application shall disclose if it is within a Municipal Park or 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
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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 requires reasonable design or
Concealment measures for the Network Nodes or Node Support Poles. All requests 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 Network Providers 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. To the extent not sufficiently
camouflaged or concealed, Network Nodes, Node Support Poles, or related ground equipment, or
any portion of the nodes, poles or equipment should be designed in a manner similar to that of
Street Lights as set forth in the CPDD.
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 must disclose if it is within a Design District with
Decorative Poles or in an area of 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 must disclose if it is within an area that has undergrounding
requirements.
B. Least preferable locations.
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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 not established.
3. Currently designated Design District areas are the areas within the CBRD.
4. All areas within 300 linear feet of any Decorative Pole installation is designated as a
Design District.
5. 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.
6. 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 all zoning districts to the
extent that any type of facilities, equipment or utilities are required to be installed underground
:
and all other areas or instances in which any type of facilities, equipment or utilities are required
to be installed underground.
E. Exceptions
The City by its discretionary consent and agreement may grant an 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.
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. Electric poles are preferred to
telephone poles.
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. 284.056 and Sec. 284.101 (a) (3), and
(b).
c. Street signage shall be a low priority use for attachment of a Network Node and
subject to the same requirements as subsection 3.b., above.
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 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-
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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 City's publicly disclosed public right-of-way
management provisions or this Design Manual.
5. violate the federal Americans with Disabilities Act of 1990 (42 U.S.C. Section
12 10 1 et seq.).
B. General Requirements and Information:
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(2) (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
and Supervisory Control and Data Acquisition (SCADA) systems.
a. The Network Provider needs to provide analysis that the proposed
network node shall not cause any interference with City public safety radio
system, SCADA systems, 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 or within 300 linear feet of the 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 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:
Facilities which do not comply with this Design Manual are designated as
nuisances by the City. After 30 days' notice to remove of Network Node
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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 per day penalty (per nonconforming item of equipment) 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 public right-of-way management ordinance,
telecommunications ordinance, and other applicable ordnances concerning
improperly located facilities in the rights-of-way.
c. Time to Put in Service. Applicants are required to provide the City with
certification that the proposed network node will be placed into active commercial
service by or for a network provider not later than the 60th day after the date the
construction and final testing of the network node is completed.
5. Spectrum Act. If an applicant believes its application is subject to Section 6409
of the Spectrum Act (47 U.S.C. § 1455 and related federal regulations), it must notify the
City in writing at the time of the application and supply documentation sufficient to
establish that the request meets the requirements of those regulations.
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 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 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 all new and existing poles
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 Pole Spacing. New 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. Height of Node Support Poles or modified Utility Pole. In accordance with
Chapter 284, Sec. 284.103 a Node Support Pole or new, modified, or replacement Utility
Pole installed in a public right-of-way 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.
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 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 20 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. 284.056 and Sec.
284. 10 1 (a)(3), and Sec. 284.101(b).
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2. Required industry standard pole load analysis: Installations on all Service
Poles shall have an industry standard pole load analysis completed (and signed and sealed
by an engineer licensed in the State of Texas) 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. 284.108 (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.
4. Installations on Traffic Signals: Installations on all Traffic signal structures
must not interfere with the integrity or operation 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. 284.056 and Sec. 284. 10 1 (a)(3), and Sec. 281.101(b).
Installation of Network Node facilities on any traffic signal structures shall:
i. Be encased in a separate conduit than the traffic light electronics;
ii. Have a separate electric power connection than the traffic signal
structure;
iii. Have a separate access point than the traffic signal structure; and
iv. Not impede, obstruct, or interfere with public safety traffic signal
preemption equipment.
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.
6. The agreement for collocation on City service poles shall require the owner of
the network node to pay a fee of $20 per year per service pole.
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, except
those located in an area zoned or predominantly industrial area. Companies shall submit their
proposal for camouflage with the permit application.
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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, 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.
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
Location if the Network Provider installs Network Node ground equipment where existing
ground equipment within 300 feet already occupies a footprint of 20 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 in strict accordance with this
manual, the City's public rights-of-way management ordinance, and other applicable ordinances,
except to the extent not consistent with Chapter 284.
Colors in Historic Districts and Design Districts must be approved by the City Manager
or his/her designee from a palette of approved colors. Unless otherwise provided, all colors shall
be black or grey or shall match the background of any structure 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 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 electrical generators (or back-up
generators) in the Right -of -Way in accordance with Chapter 284, Sec. 284.002(12)(B)(1).
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SECTION 7. INSURANCE, INDEMNITY, BONDING AND SECURITY DEPOSITS.
1. Insurance, bonding and security deposits shall be in strict accordance with the City's
public 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 FOR REMOVAL, REPLACEMENT, RELOCATION,
MAINTENANCE AND REPAIR
A. REMOVAL OR RELOCATION BY NETWORK PROVIDER.
1. Removal and relocation by the Network provider of its Micro Network Node, Network
Node facilities, Node Support Pole or related ground equipment at its own discretion, shall be in
strict accordance with the City's applicable ordinances, except to the extent not consistent with
Chapter 284.
2. 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 unless
otherwise specified in an agreement with the City. 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. Prior Permits,
existing Network Node facilities, or existing Node Support Poles do not entitle the Network
Provider to relocate to a different location or materially modify a prior installation.
3. 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. Removal and Relocation of Network Provider's Micro Network Node, Network Node,
Node Support Pole or related ground equipment, or portion thereof required for a City project
shall be in strict accordance with the City's applicable ordinances, except to the extent not
consistent with Chapter 284, Sec. 284.107, except as provided in existing state and federal law.
2. In accordance with Chapter 284, Sec. 284.303, 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 City.
3. 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 federal law, including the common-law.
15
4. 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 or public right-of-way to enhance the traveling public's use for
travel and transportation.
5. 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.
6. 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 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. 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 Network
Node, Network Node, Node Support Pole and related ground equipment at the Network
Provider's sole cost and expense in strict accordance with the City's applicable ordinances,
except to the extent not consistent with Chapter 284.
3. 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.
4. 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.
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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 in strict accordance with the City's applicable ordinances, except to the
extent not consistent with Chapter 284.
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 shall be allowed 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 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 5
business days of the planned inspection. Network Provider may have a representative present
during such inspection involving physical contact.
SECTION 10. REQUIREMENTS FOR ABANDONED OR OBSOLETE MICRO
NETWORK NODE, NETWORK NODE, NODE SUPPORT POLE AND RELATED
GROUND EQUIPMENT.
All abandoned or obsolete materials covered under this Design Manual (including but not
limited to Micro Network Nodes, Network Nodes, Node Support Poles and related ground
equipment) shall be removed in strict accordance with the City's applicable ordinances, except to
the extent not consistent with Chapter 284.
Network Provider, at its sole expense, shall obtain any necessary permits and 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
17
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
maintained and submitted in strict accordance with the City's applicable ordinances, except to
the extent not consistent with Chapter 284.
Network Provider shall maintain accurate maps and other appropriate records of its
Network Node facilities, Node Support Poles and related ground equipment as they are actually
constructed in the Rights -of -Way, including, upon request, the use of Auto CAD/GIS digital
format. Network Provider will provide additional maps to the City upon request.
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 applicable
ordinances, except to the extent not consistent with Chapter 284.
Network Provider shall make citizen satisfaction a priority in using the Right -of -Way.
Network Provider shall train its employees to be customer service-oriented and to positively and
politely interact with citizens when dealing with issues pertaining to its Micro Network Node,
Network Node, Node Support Pole and related ground equipment in the Right -of -Way. Network
Provider's employees shall be clean, courteous, efficient, and neat in appearance and committed
to offering the highest quality of interaction with the public. If, in the opinion of the City
Manager or designee, Network Provider is not interacting in a positive and polite manner with
citizens, he or she shall request Network Provider to take all remedial steps to conform to these
standards.
3. DRUG POLICY. Drug policy of Network provider's personnel, and contractors in the
rights-of-way shall be in strict accordance with the City's applicable ordinances, except to the
extent not consistent with Chapter 284.
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. Ownership of Network Node and related equipment shall be in strict
accordance with the City's applicable ordinances, except to the extent not consistent with
Chapter 284. Ownership of any materials in the right of way shall not be transferred to any other
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entity unless the City is provided with 30 days advanced written notice and suitable proof that
the prospective new owner has been supplied with a copy of this Design Manual and any
applicable agreements with the City, and further than said prospective new owner will maintain
full compliance with the indemnification, insurance, deposit, and bonding requirements of
Section 7 and applicable law without any interruption in coverage.
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
natural resources and tree protection ordinance, and other applicable ordinances, except to the
extent not consistent with Chapter 284.
Network Provider, its contractors, and agents shall obtain written permission from the
City before trimming trees hanging over its Micro Network Node, Network Node, or Node
Support Pole, to prevent branches of such trees from contacting attached Micro Network Node,
Network Node, or Node Support Pole. When directed by the City, Network Provider shall trim
under the supervision and direction of the Director of Public Works. The City shall not be liable
for any damages, injuries, or claims arising from Network Provider's actions under this section.
7. Signage. Signage shall be in strict accordance with the City's sign 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. Signage required under this section shall not exceed 4 inches x 6 inches, unless otherwise
required by law (e.g. RF ground notification signs) or the City.
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.
8. Graffiti Abatement. Graffiti abatement shall be in strict accordance with the City's
applicable ordinances, except to the extent not consistent with Chapter 284.
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
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Network Provider's activities hereunder) in strict accordance with the City's applicable
ordinances, except to the extent not consistent with Chapter 284.
Network Provider shall repair 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) within
10 calendar days following the date of such removal or relocation, at Network Provider's sole
cost and expense, including restoration of the Right -of -Way and such property to substantially
the same condition as it was immediately before the date Network Provider was granted a Permit
for the applicable Location or did the work at such Location (even if Network Provider did not
first obtain a Permit), including restoration or replacement of any damaged trees, shrubs or other
vegetation. Such repair, restoration and replacement shall be subject to the sole, reasonable
approval of the City Manager.
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 applicable ordinances, except to the extent not consistent with Chapter 284.
Network Provider shall be responsible, and jointly and severally 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.
SECTION 12. FEES
Network Providers shall pay application fees and right-of-way usage fees in accordance
with the City's fee schedule and/or Local Gov't Code Chapter 284, as amended.
SECTION 13-19 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. Once this Design
Manual has been adopted by the City Council by ordinance or resolution, City staff (in
consultation with the City Attorney) may periodically update this Design Manual to comply with
changes in City ordinances, or state or federal law, on an as -needed basis without the necessity of
City Council approval.
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1 Sec. 284.30 1. 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.
Z The definitions as used in Tex. Loc. Gov't Code, Chapter 284, Sec. 284.002 shall be used in this
Design Manual.
Tex. Loc. Gov't Code, Chapter 284, Sec. 284.002. DEFINITIONS. In this chapter:
(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
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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
(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.
(2 1) "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;
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(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 bacldiaul 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) set -vices 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.
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.
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(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.
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