ORD 2017-20 Network Nodes TOWN OF TROPHY CLUB, TEXAS
ORDINANCE NO. 2017-20
AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS,
ADOPTING THE TOWN OF TROPHY CLUB DESIGN MANUAL FOR
THE INSTALLATION OF NETWORK NODES AND NODE SUPPORT
POLES PURSUANT TO TEXAS LOCAL GOVERNMENT CODE
CHAPTER 284; AND DESIGNATING DESIGN DISTRICTS FOR THE
INSTALLATION OF NETWORK NODES AND NODE SUPPORT POLES,
TO BE DESIGNATED THEREIN; PROVIDING FOR INCORPORATION
OF PREMISES; PROVIDING AN ADOPTION OF DESIGN MANUAL
CLAUSE; PROVIDING A DESIGNATION OF HISTORIC DISTRICTS
AND DESIGN DISTRICTS CLAUSE; PROVIDING A SAVINGS AND
REPEALER CLAUSE; PROVIDING A SEVERABILITY CLAUSE;
PROVIDING A PUBLICATION CLAUSE; PROVIDING A PENALTY NOT
TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00)
FOR EACH OFFENSE AND A SEPARATE OFFENSE SHALL BE
DEEMED COMMITTED EACH DAY DURING OR ON WHICH A
VIOLATION OCCURS OR CONTINUES; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, pursuant to the Charter of the Town, State law, the Town Council of
the Town is empowered to adopt ordinances and rules that are for the good government
of the Town; and
WHEREAS, Chapter 284 of the Local Government Code, effective September 1,
2017, provides a regulatory framework governing the installation of Network Nodes and
Node Support Poles in the Town's Right-of-Way; and
WHEREAS, pursuant to Chapter 284, Network Providers installing wireless
equipment in the Town's Right-of-Way must comply with the Design Manual adopted by
the Town for that purpose; and
WHEREAS, Chapter 284 authorizes the Town to designate Design Districts and
Historic Districts, wherein heightened aesthetic requirements may be applied to such
equipment; and
WHEREAS, the Town of Trophy Club has determined that certain areas of the
town should be designated as design districts, for purposes of Chapter 284, in order to
preserve the character and aesthetic qualities of these areas; and
WHEREAS, the Town Council, in the exercise of its legislative discretion, has
concluded that the attached Design Manual should be approved; and
WHEREAS, after due deliberations and consideration of the information and
other materials received at public meetings, the Town Council has concluded that the
adoption of this Ordinance is in the best interest of the Town of Trophy Club, Texas, and
of the public health, safety, and general welfare.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE
TOWN OF TROPHY CLUB, TEXAS:
SECTION 1.
INCORPORATION OF PREMISES
That the above and foregoing premises are true and correct and are incorporated herein
and made a part hereof for all purposes.
SECTION 2.
ADOPTION OF DESIGN MANUAL
The Trophy Club Design Manual for the Installation of Network Nodes and Node
Support Poles, attached hereto as Exhibit A, is hereby adopted. All Network Providers
seeking to install wireless equipment in the right-of-way of the Town of Trophy Club
pursuant to Chapter 284 of the Texas Local Government Code must comply with this
Design Manual.
SECTION 3.
DESIGNATION OF HISTORIC DISTRICTS AND DESIGN DISTRICTS
The following areas of the Town of Trophy Club are hereby designated as Design
Districts for the installation of network nodes and node support poles, pursuant to
Chapter 284 of the Texas Local Government Code:
Planned Development Districts 1 through 34
The Town Council may designate an area as a Historic District or a Design District
under Chapter 284.105 at any time. The failure to designate an area shall not mean that
such an area is not within a defined district, if so designated by the Town Council.
Future areas may be designated as one of these districts at any time. Such a
designation does not require a zoning case.
ORD 2017-20 Page 2 of 4
SECTION 4.
SAVINGS AND REPEALER
This Ordinance shall be cumulative of all other ordinances of the Town and shall not
repeal any of the provisions of such ordinances except in those instances where
provisions of those ordinances are in direct conflict with the provisions of this
Ordinance; whether such ordinances are codified or uncodified, and all other provisions
of the Ordinances of the Town of Trophy Club, codified or uncodified, not in conflict with
the provisions of this Ordinance, shall remain in full force and effect. Notwithstanding
the foregoing, any complaint, action, cause of action or claim which prior to the effective
date of this Ordinance has been initiated or has arisen under or pursuant to such
repealed Ordinance(s) shall continue to be governed by the provisions of that
Ordinance and for that purpose the Ordinance shall be deemed to remain and continue
in full force and effect.
SECTION 5.
SEVERABILITY
If any section, article, paragraph, sentence, clause, phrase or word in this Ordinance, or
its application to any person or circumstance is held invalid or unconstitutional by a
Court of competent jurisdiction, such holding shall not affect the validity of the remaining
portions of this Ordinance; and the Town Council hereby declares it would have passed
such remaining portions of the Ordinance despite such invalidity, which remaining
portions shall remain in full force and effect.
SECTION 6.
PUBLICATION
The Town Secretary of the Town of Trophy Club is hereby directed to publish the
Caption, Penalty Clause, and Effective Date Clause of this Ordinance as required by
Section 52.011 of the Texas Local Government Code.
SECTION 7.
PENALTY
Any person, firm or corporation violating any of the provisions of this ordinance shall be
punished by a penalty of fine not to exceed the sum of two thousand dollars ($2,000.00)
for each offense and each and every day such offense shall continue shall be deemed
to constitute a separate offense.
SECTION 8.
EFFECTIVE DATE
This Ordinance shall become effective from and after its date of passage and
publication as required by law.
ORD 2017-20 Page 3 of 4
PASSED AND APPROVED by the Town Council of the Town of Trophy Club,
Texas this 22nd day of August 2017.
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C. Nick Sanders, Mayor
Town of Trophy Club, Texas
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APtrO I TO AS FORM:
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J. David o: Ill, Town Attorney
Town of Trophy Club, Texas
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ORD 2017-20 Page 4 of 4
Design Manual
for the
Installation of Network Nodes and Node Support Poles
pursuant to Tex. Loc. Gov. Code, Chapter 284.
1
Table of Contents
SECTION 1. PURPOSE AND APPLICABILITY. 3
SECTION 2. DEFINITIONS 3
SECTION 3.PROHIBITED AND PREFERRED LOCATIONS OF MICRO NETWORK NODE,
NETWORK NODE,NODE SUPPORT POLE AND RELATED GROUND EQUIPMENT. 7
SECTION 4. GUIDELINES ON PLACEMENT. 10
SECTION 5.GENERAL AESTHETIC REQUIREMENTS 14
SECTION 6.ELECTRICAL SUPPLY 15
SECTION 7. INSURANCE, INDEMNITY,BONDING AND SECURITY DEPOSITS. 15
SECTION 8.REQUIREMENTS IN REGARD TO REMOVAL,RELOCATION,REPLACEMENT,
MAINTENANCE AND REPAIR 15
SECTION 9. INSTALLATION AND INSPECTIONS 17
SECTION 10. REQUIREMENTS UPON ABANDONMENT OF OBSOLETE MICRO NETWORK
NODE,NETWORK NODE,NODE SUPPORT POLE AND RELATED GROUND EQUIPMENT. 17
SECTION 11.GENERAL PROVISIONS 18
SECTION 12-19 RESERVED 20
SECTION 20. DESIGN MANUAL-UPDATES 20
2
SECTION 1. PURPOSE AND APPLICABILITY.
The Town of Trophy Club, Texas ("Town") recognizes that the State of Texas has
delegated to the Town the fiduciary duty, as a trustee, to manage the public right-of-way for the
health, safety, and welfare of the public to Texas municipalities.
Purpose: Loc. Gov. Code, Chapter 284 allows certain wireless Network Providers to
install in the public rights-of-way their wireless facilities, described and defined in Tex. Loc.
Gov. Code, Chapter 284, Sec. 284.002 as "Micro Network Nodes", "Network Nodes", and
"Node Support Poles".
As expressly allowed by Tex. Loc. Gov. Code, Chapter 284, Section 284.108, and
pursuant to its police power authority reserved in Sec. 284.3011, the Town enacts this Design
Manual in order to meet its fiduciary duty to the citizens of the Town, and to give assistance and
guidance to wireless telecommunications providers to assist such companies in the timely,
efficient, safe and aesthetically pleasing installation of technologically competitive equipment.
Applicability: This Design Manual is for siting and criteria for the installation Wireless
Facilities, including Micro Network Nodes, Network Nodes, Node Support Poles and related
ground equipment being installed pursuant to Loc. Gov. Code, Chapter 284.
This Design Manual shall apply to any sitings, installations, collocations in, on, over or
under the public rights-of-way of Network Nodes, Node Support Poles, Micro Network Nodes,
Distributed Antenna Systems, Microwave Communications or other Wireless Facilities, by
whatever nomenclature, whether they are installed pursuant to Chapter 284, or installed pursuant
to an agreement as agreed to and consented to by the Town in its discretion, or installed as may
otherwise be allowed by state law.
Town Rights-of-Way Management Ordinance: A Network Provider shall comply with the
Town's Rights-of-Way Management Ordinance except where in conflict with this Design
Manual or Chapter 284, Subchapter C.
SECTION 2. DEFINITIONS.
The definitions as used in Tex. Loc. Gov. Code, Chapter 284, Sec. 284.002 shall be used in this
Design Manual, unless otherwise noted in this Section 2, below.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, hand holes, 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 Town that the applicable
facilities, or portion thereof, is still in active use.
Antenna means communications equipment that transmits or receives electromagnetic radio
frequency signals used in the provision of wireless services.
3
Applicable codes means:
(A) uniform building, fire, electrical, plumbing, or mechanical codes adopted by a
recognized national code organization; and
(B) local amendments to those codes to the extent not inconsistent with Chapter 284.
Chapter 284 means Tex. Loc. Gov. Code, Chapter 284.
Collocate and collocation mean the installation, mounting, maintenance, modification, operation,
or replacement of network nodes in a public right-of-way on or adjacent to a pole.
Concealment or Camouflaged means any Wireless Facility or Pole that is covered, blended,
painted, disguised, camouflaged or otherwise concealed such that the Wireless Facility blends
into the surrounding environment and is visually unobtrusive as allowed as a condition for Town
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 façade, blended with surrounding area design, painted to match
the supporting area, or disguised with artificial tree branches.
Decorative pole means a streetlight pole specially designed and placed for aesthetic purposes and
on which no appurtenances or attachments, other than specially designed informational or
directional signage or temporary holiday or special event attachments, have been placed or are
permitted to be placed according to nondiscriminatory municipal codes.
Design District means an area that is zoned, or otherwise designated by municipal code, and for
which the town maintains and enforces unique design and aesthetic standards on a uniform and
nondiscriminatory basis.
Disaster emergency or disaster or emergency means an imminent, impending, or actual natural
or humanly induced situation wherein the health, safety, or welfare of the residents of the town
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 town 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.
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Historic district means an area that is zoned or otherwise designated as a historic district under
municipal, state, or federal law.
Law means common law or a federal, state, or local law, statute, code, rule, regulation, order, or
ordinance.
Local means within the geographical boundaries of the Town.
Location means the Town 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 Town.
Micro network node means a network node that is not larger in dimension than 24 inches in
length, 15 inches in width, and 12 inches in height, and that has an exterior antenna, if any, not
longer than 11 inches.
Municipal park means an area that is zoned or otherwise designated by municipal code as a
public park for the purpose of recreational activity.
Municipally owned utility pole means a utility pole owned or operated by a municipally owned
utility, as defined by Section 11.003, Utilities Code, and located in a public right-of-way.
MUTCD means Manual of Uniform Traffic Control Devices.
Network node means equipment at a fixed location that enables wireless communications
between user equipment and a communications network. The term:
(A) includes:
(i) equipment associated with wireless communications;
(ii) a radio transceiver, an antenna, a battery-only backup power supply, and
comparable equipment, regardless of technological configuration; and
(iii) coaxial or fiber-optic cable that is immediately adjacent to and directly
associated with a particular collocation; and
(B) does not include:
(i) an electric generator;
(ii) a pole; or
(iii) a macro tower.
Network provider means:
(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
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(ii) node support poles or any other structure that supports or is capable of
supporting a network node.
Node support pole means a pole installed by a network provider for the primary purpose of
supporting a network node.
Permit means a written authorization for the use of the public right-of-way or collocation on a
service pole required from a municipality before a network provider may perform an action or
initiate, continue, or complete a project over which the municipality has police power authority.
Pole means a service pole, municipally owned utility pole, node support pole, or utility pole.
Private easement means an easement or other real property right that is only for the benefit of the
grantor and grantee and their successors and assigns.
Provider has the same meaning as "Network Provider."
Public right-of-way means the area on, below, or above a public roadway, highway, street, public
sidewalk, alley, waterway, or utility easement in which the municipality has an interest. The
term does not include:
(A) a private easement; or
(B) the airwaves above a public right-of-way with regard to wireless
telecommunications.
Public right-of-way management ordinance means an ordinance that complies with Chapter 284,
Subchapter C.
Service pole means a pole, 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.
6
TAS means Texas Accessibility Standards.
Town means the Town of Trophy Club, Texas or its lawful successor.
Town Manager shall mean Town Manager or designee.
Traffic Signal means any device, whether manually, electrically, or mechanically operated by
which traffic is alternately directed to stop and to proceed.
Transport facility means each transmission path physically within a public right-of-way,
extending with a physical line from a network node directly to the network, for the purpose of
providing backhaul for network nodes.
Underground Requirement Area 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.
Utility pole means a pole that provides:
(A) electric distribution with a voltage rating of not more than 34.5 kilovolts; or
(B) services of a telecommunications provider, as defined by Section 51.002, Utilities
Code.
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 Town 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
7
without the Town'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. 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 Town Council if the public right-
of-way is located in or adjacent to a park; in, adjacent to, or including a street or thoroughfare
that is adjacent to a park or residentially used or zoned property, whether single family or
multifamily; or in, adjacent to, or including residentially used or zoned property, whether single
family or multifamily.
1.2. 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.
1.3. Each permit application shall disclose if it is within or adjacent to a Municipal Park
or a Residential Area as described above.
2. Historic Districts and Design Districts. In accordance with Chapter 284, Sec. 284.105,
a Network Provider must obtain advance written approval from the Town before collocating
Network Nodes or installing Node Support Poles in a Design District with Decorative Poles or in
an area of the Town 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 Town shall require reasonable design
or Concealment measures for the Network Nodes or Node Support Poles. Therefore, any request
for installations in a Design District with Decorative Poles or in a Historic District, must be
accompanied with proposed Concealment measures in the permit applications.
2.2. The Town requests that a Network Provider comply with the design and aesthetic
standards of the historic or design district and explore the feasibility of using Camouflage
measures to improve the aesthetics of the Network Nodes, Node Support Poles, or related ground
equipment, or any portion of the nodes, poles, or equipment, to minimize the impact to the
aesthetics in Design Districts or in an Historic District.
2.3. Network Provider shall comply with and observe all applicable town, state, and
federal historic preservation laws and requirements.
2.4. Each permit application shall disclose if it is within a Design District with Decorative
Poles or in an area of the Town 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
8
recognized by the town, 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 Town as Underground
Requirement Areas in accordance with filed plats, and or conversions of overhead to
underground areas, as may be allowed by law.
4.2 Each permit application shall disclose if it is within an area that has undergrounding
requirements.
B. Designated Areas.
1. The Town Council may designate an area as a Historic District or a Design District
under Chapter 284.105 at any time.
2. Design District areas include Planned Development Districts 1 through 34.
3. 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 Town Council. Future areas may be designated
as one of these Districts at any time. Such a designation does not require a zoning case.
4. While not required under Chapter 284 to designate Underground Requirement Areas to
prohibit above ground Wireless facilities, the Town may, from time to time, designate
Underground Requirement Areas.
C. Exceptions
The Town by its discretionary consent and agreement may grant exception to the above
prohibited locations and sizes, but only in a non-exclusive, and non-discriminatory manner, as
allowed or required by Chapter 284, Sec. 284.109 and Sec. 284.110.
D. Order of Preference regarding Network Node attachment to existing facilities
and New Node Support Poles.
1. Existing Utility Poles(electric poles or telephones poles), shall be the preferred support
facility for Network Nodes and related ground equipment.
2.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
9
accordance with an agreement as allowed by Chapter 284, Sec. 285.056 and Sec.
284.101 (a) (3), and (b).
c. Street signage shall be a low priority use for attachment of a Network Node.
d. Other municipal Service pole use is discouraged.
3. New node support poles shall be the least preferred type of allowed facility for
attachment of Network Nodes.
4. Ground Equipment. Ground equipment should be minimal and the least intrusive.
SECTION 4. GUIDELINES ON PLACEMENT.
A. Generally
In accordance with Chapter 284.102, a Network Provider shall construct and maintain
Network Nodes and Node Support Poles in a manner that does not:
1. obstruct, impede, or hinder the usual travel or public safety on a public right-of-
way;
2. obstruct the legal use of a public right-of-way by other utility providers;
3. violate nondiscriminatory applicable codes;
4. violate or conflict with the municipality's publicly disclosed public right-of-
way management ordinance or this Design Manual; or
5. violate the federal Americans with Disabilities Act of 1990 (42 U.S.C. Section
12101 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, size of a Micro
Network Node, Sec. 284.003, Size of Network Nodes, and Sec. 284.103, maximum 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 Town Safety Communication Networks.
a. The Network Provider shall provide analysis that the proposed network
node shall not cause any interference with Town public safety radio
system, traffic signal light system, or other town safety communications,
or other Town 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
Town infrastructure and Provider's proposed Network Node. A Network
Node shall not be installed in a location that causes any interference.
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Network Nodes shall not be allowed on the Town'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 Town Manager and impedes pedestrian or
vehicular traffic or does not comply or otherwise renders the Right-of-
Way non-compliant with applicable Laws, including the American
Disabilities Act, then the Network Provider shall promptly remove the
Network Node facilities,Node Support Poles or ground equipment.
b. Notice to Remove unauthorized facilities and relocate and penalty:
After 30 days' notice to remove of Network Node facilities,Node Support
Poles or ground equipment that is located in the incorrect permitted
location, if not relocated the Network Provider shall be subject to a
penalty of $2,000.00 per day penalty until the Network Node facilities,
Node Support Poles or ground equipment is relocated to the correct area
within the permitted Location, regardless of whether or not the Network
Provider's contractor, subcontractor, or vendor installed the Network
Node facilities, Node Support Poles or ground equipment in strict
conformity with the Town Rights-of-way management ordinance, and
other applicable ordinances concerning improperly located facilities in the
rights-of-way.
C. Underground Requirement Areas.
1. In accordance with Chapter 284.107, a Network Provider shall, in relation to
installation for which the Town 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 designated by the Town transitions to 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 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
Town for the transition of other overhead facilities.
D. 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
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Right-of-Way line to minimize any obstruction, impediment, or hindrance to the usual
travel or public safety on a public right-of-way.
2. Height above ground. Network Node attachments to a pole shall be installed at
least eight(8) feet above the ground in accordance with Chapter 284, Sec. 284.108, and if
a Network Node attachment is projecting toward the street, for the safety and protection
of the public and vehicular traffic, the attachment shall be installed no less than sixteen
(16) feet above the ground.
3. Protrusions. In accordance with Chapter 284, Sec. 284.003 (a) (1) (C), Sec.
284.003 (a) (2) (C), and Sec. 284.003 (a) (3) (B), no protrusion from the outer
circumference of the existing structure or pole shall be more than two (2) feet.
4. Limit on number of Network Nodes per Site. There shall be no more than one
Network Node on any one Pole.
E. New Node Support Poles.
1. New Node Support Poles Spacing. New node support poles shall be spaced no
less than 300 feet apart from existing utility poles or existing Node Support poles 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 modified Utility Pole may not exceed
the lesser of:
(1) 10 feet in height above the tallest existing utility pole located within
500 linear feet of the new pole in the same public right-of-way; or
(2) 55 feet above ground level.
F. 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 line of sight during
travel on a public right-of-way, 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 sight 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
Town Manager and Parks Director in writing.
3.Minimize Ground equipment density: In accordance with Chapter 284, Sec.
284.102 (1)to enhance the safety requirements of line of sight of pedestrians, particularly
small children, the Town Manager or his 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 four(4) square
feet or more.
G. Municipal Service Poles:
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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. 284.101
(a) (3), and (b).
2. Required industry standard pole load analysis: Installations on all Service
Poles shall have an industry standard pole load analysis completed and submitted to the
municipality with each permit application indicating that the Service Pole to which the
Network Node is to be attached will safely support the load, in accordance with Chapter
284.108.
3. Height of attachments: All attachments on all Service Poles shall be at least
eight (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 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. 284.101 (a) (3), and (b). The Town reserves the right to
locate, relocate, operate, maintain, and remove Town traffic signal poles in the manner
that best enables the operation of its traffic signal system and protects public safety.
Network Provider will provide Town a key to each meter box at the time of inspection for
the purpose of having the ability to temporarily cut-off electricity to its facilities for the
safety of maintenance personnel. In the event of failure of components of the traffic
signal system for whatever reason, including damage from vehicular collisions, weather
related events, or malicious attacks, the Town will respond to restore traffic signal
operations as a matter of public safety. Should the events that result in damage or failure
of the traffic signal system also affect Network Provider's Network Nodes, Network
Provider shall have the sole responsibility to repair or replace its Network Nodes and
related equipment and shall coordinate its own emergency efforts with the Town.
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, and be separately
metered from,the traffic signal structure; and
iii. Have a separate access point than the traffic signal structure.
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 Town signage electronics;
ii. Have a separate electric power connection than, and be separately
metered from, the signage structure; and
iii. Have a separate access point than the signage structure.
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SECTION 5. GENERAL AESTHETIC REQUIREMENTS
A. Concealment.
1. Concealment of Network Nodes and Node support poles shall be required by the Town
in Design Districts with Decorative Poles and in Historic Districts pursuant to Chapter 284.105.
2. It is also the Town's preference that all new node support poles be camouflaged.
Companies shall submit their proposal for camouflage with the permit application.
3. The Network Node facilities shall be concealed or enclosed as much as reasonably
possible in an equipment box, cabinet, or other unit that may include ventilation openings.
External cables and wires hanging off a pole shall be sheathed or enclosed in a conduit, so that
wires are protected and not visible, or visually minimized to the extent possible in strict
accordance with the Town's rights-of-way management ordinance, and other applicable
ordinances, except to the extent not consistent with Chapter 284.
B. New Node Support Poles and 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. Wood poles are prohibited. All new poles are
required to be break-away type, and powder-coated. All attachments for the Network Nodes
shall also match the color of the Network Support Pole. Town reserves the right to deny a
certain type of pole due to aesthetic considerations.
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 Town Manager or his 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 four(4) square feet 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 the
Town's 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 Town Manager
or his designee from a palette of approved colors. Unless otherwise provided, all colors shall be
dark bronze or black, or as approved by the Town Manager or his designee, 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 the same requirements above for Historic Districts or Design Districts, or as
approved by the Town Manager or designee, shall conform to colors of other installations of
telecommunication providers in the immediately adjacent areas.
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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 Network Provider's electrical supply shall be metered separately from the
Town's facilities. The Town 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 Town.
B. Network Provider shall not allow or install generators or back-up generators in the
Right-of-Way in accordance with Chapter 284, Sec. 284.002 (12) (B) (1).
C. Network Provider shall provide Town with the electrical permit and provide sealed
engineered drawings for conduit size, calculations for amperage, distances running, etc.
SECTION 7. INSURANCE,INDEMNITY,BONDING AND SECURITY DEPOSITS.
1. Insurance, bonding and security deposits shall be in strict accordance with the Town's
rights-of-way management ordinance, and other applicable ordinances, except to the extent not
consistent with Chapter 284.
2. Indemnity shall be in accordance with Chapter 284, Sec. 284.302, as provided for in
Chapter 283, Sec. 283.057 (a) and (b) of the Texas Loc. Gov't Code.
SECTION 8. REQUIREMENTS IN REGARD TO REMOVAL,RELOCATION,
REPLACEMENT, 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 Town's rights-of-way management ordinance, and other 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
Town Manager in writing not less than ten (10) business days prior to removal or relocation.
Network Provider shall obtain all Permits required for relocation or removal of its Micro
Network Node,Network Node facilities, Node Support Poles and related ground equipment prior
to relocation or removal.
3. The Town 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 town project.
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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 Town project
shall be in strict accordance with the Town's rights-of-way management ordinance, and other
applicable ordinances, except to the extent not consistent with Chapter 284, Sec. 284.303, 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 municipality managing the public right-of-way
3. Network Provider understands and acknowledges that the Town 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 Town construction
projects as allowed by state and feral law, including the common-law.
4.Network Provider shall, at the Town Manager's direction, remove or relocate its Micro
Network Node,Network Node,Node Support Pole and related ground equipment, or any portion
thereof at Network Provider's sole cost and expense, except as otherwise provided in existing
state and federal law, whenever the Town 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 Town
construction or maintenance project of a street or public rights-of-way to enhance the traveling
publics' 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
Town Manager in accordance with the Town's rights-of-way management ordinance, then the
Town 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 45 days following issuance of invoice for the same,
reimburse the Town 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 town 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 Town Manager if the
Town 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 Town 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 Town 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 Town's rights-of-way
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management ordinance, and other applicable ordinances, except to the extent not consistent with
Chapter 284.
2. If the Town Manager reasonably determines that there is imminent danger to the
public, then the Town 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 Town's rights-of-way management
ordinance, and other applicable ordinances, except to the extent not consistent with Chapter 284.
3. Network Provider shall reimburse Town for the Town's actual cost of removal of
Micro Network Node, Network Node, Node Support Pole and related ground equipment within
45 days of receiving the invoice from the Town.
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 Town's rights-of-way management ordinance,
and other applicable ordinances, except to the extent not consistent with Chapter 284.
Network Provider's work shall be subject to the regulation, control and direction of the
Town 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 Town, applicable county, the state, and the
United States ("Laws").
B. Inspections.
The Town 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, which shall be allowed in strict accordance with the Town's rights-of-way management
ordinance, and other applicable ordinances, except to the extent not consistent with Chapter 284.
If the inspection requires physical contact with the Micro Network Node, Network Node,
Node Support Poles or related ground equipment, the Town Manager shall provide written notice
to the Network Provider within five (5) business days of the planned inspection. Network
Provider may have a representative present during such inspection.
SECTION 10. REQUIREMENTS UPON ABANDONMENT OF OBSOLETE MICRO
NETWORK NODE, NETWORK NODE,NODE SUPPORT POLE AND RELATED
GROUND EQUIPMENT.
Abandoned or obsolete Micro Network Node, Network Node, Node Support Pole and
related ground equipment shall be removed in strict accordance with the Town's rights-of-way
management ordinance, and other applicable ordinances, except to the extent not consistent with
Chapter 284.
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Network Provider shall remove Micro Network Node,Network Node,Node Support Pole
and related ground equipment when such facilities are Abandoned regardless of whether or not it
receives notice from the Town. Unless the Town sends notice that removal must be completed
immediately to ensure public health, safety, and welfare, the removal must be completed in
accordance with the Town's rights-of-way management ordinance. When Network Provider
removes, or Abandons permanent structures in the Right-of-Way, the Network Provider shall
notify the Town and Town Manager in writing of such removal or Abandonment and shall file
with the Town and Town Manager the location and description of each Micro Network Node,
Network Node, Node Support Pole and related ground equipment removed or Abandoned. The
Town Manager may require the Network Provider to complete additional remedial measures
necessary for public safety and the integrity of the Right-of-Way.
SECTION 11. GENERAL PROVISIONS.
1. As-Built Maps and Records. Network Provider's as-built maps and records shall be
in strict accordance with the Town's rights-of-way management ordinance, and other 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 Town 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 Town's rights-of-way
management ordinance, and other 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 Town
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 Town's rights-of-way management
ordinance, and other applicable ordinances, except to the extent not consistent with Chapter 284.
It is the policy of the Town 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 Town right-of-way is prohibited.
4. Allocation of funds for removal and storage. The Town has appropriated $0 to pay
for the cost of any removal or storage of Micro Network Node, Network Node, Node Support
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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 Town's rights-of-way management ordinance, and other applicable
ordinances, except to the extent not consistent with Chapter 284.
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 Town 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 Town Manager prior to any work in the Right-of-
Way.
6. Tree Maintenance. Tree maintenance shall be in strict accordance with the Town's
rights-of-way management 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
Town Manager 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. Network Provider must provide written notice to
the owner of the property on which the tree's trunk dwells and offer a copy of the notice to the
Town. When directed by the Town Manager, Network Provider shall trim under the supervision
and direction of the Parks Director. The Town 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 Town's rights-of-way
management ordinance, and other applicable ordinances, except to the extent not consistent with
Chapter 284.
Network Provider shall post its name, location identifying information, and emergency
telephone number in an area on the cabinet of the Network Node facility that is visible to the
public. Signage required under this section shall not exceed 4" x 6", unless otherwise required by
law(e.g. RF ground notification signs) or the Town Manager.
Except as required by Laws, by the Utility Pole owner, or by the Town, 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 Town's
rights-of-way management ordinance, and other applicable ordinances, except to the extent not
consistent with Chapter 284.
As soon as practical, but not later than seven (7) 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
Town graffiti or visual blight ordinance or regulation.
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9. Restoration. Network Provider shall restore and repair the rights-of-way from any
damage to the Right-of-Way, or any facilities located within the Right-of-Way, and the property
of any third party resulting from Network Provider's removal or relocation activities (or any
other of Network Provider's activities hereunder) in strict accordance with the Town's rights-of-
way management ordinance, and other 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
21 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 if a Permit was not obtained by
Network Provider, 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 Town Manager. If replacement of lost or damaged trees is not possible, tree
mitigation fees will be applicable, except to the extent not consistent with Chapter 284.
10. Network provider's responsibility. Network Provider shall be responsible and
liable for the acts and omissions of Network Provider's employees, temporary employees,
officers, directors, consultants, agents, Affiliates, subsidiaries, sub-Network Provider's and
subcontractors in connection with the installations of any Micro Network Node, Network Node,
Node Support Pole and related ground equipment, as if such acts or omissions were Network
Provider's acts or omissions in strict accordance with the Town's rights-of-way management
ordinance, and other applicable ordinances, except to the extent not consistent with Chapter 284.
SECTION 12-19 RESERVED
SECTION 20. DESIGN MANUAL - UPDATES
Placement or Modification of Micro Network Node, Network Node, Node Support Pole
and related ground equipment shall comply with the Town's Design Manual at the time of
installation or Modification, and as amended periodically.
1 Sec. 284.301. LOCAL POLICE-POWER-BASED REGULATIONS.
(a) Subject to this chapter and applicable federal and state law, a municipality may
continue to exercise zoning, land use, planning, and permitting authority in the municipality's
boundaries, including with respect to utility poles.
(b) A municipality may exercise that authority to impose police-power-based regulations
for the management of the public right-of-way that apply to all persons subject to the
municipality.
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(c) A municipality may impose police-power-based regulations in the management of the
activities of network providers in the public right-of-way only to the extent that the regulations
are reasonably necessary to protect the health, safety, and welfare of the public.
2 The definitions as used in Tex. Loc. Gov. Code, Chapter 284, Sec. 284.002 shall be used in this
Design Manual.
Tex. Loc. Gov. Code, Chapter 284, Sec. 284.002. DEFINITIONS. In this chapter:
(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 town maintains and enforces unique design and aesthetic standards on a
uniform and nondiscriminatory basis.
(6) "Historic district" means an area that is zoned or otherwise designated as a historic
district under municipal, state, or federal law.
(7) "Law" means common law or a federal, state, or local law, statute, code, rule,
regulation, order, or ordinance.
(8) "Macro tower" means a guyed or self-supported pole or monopole greater than the
height parameters prescribed by Section 284.103 and that supports or is capable of supporting
antennas.
(9) "Micro network node" means a network node that is not larger in dimension than 24
inches in length, 15 inches in width, and 12 inches in height, and that has an exterior antenna, if
any, not longer than 11 inches.
(10) "Municipally owned utility pole" means a utility pole owned or operated by a
municipally owned utility, as defined by Section 11.003, Utilities Code, and located in a public
right-of-way.
(11) "Municipal park" means an area that is zoned or otherwise designated by municipal
code as a public park for the purpose of recreational activity.
(12) "Network node" means equipment at a fixed location that enables wireless
communications between user equipment and a communications network. The term:
(A) includes:
(i) equipment associated with wireless communications;
(ii) a radio transceiver, an antenna, a battery-only backup power supply,
and comparable equipment, regardless of technological configuration; and
(iii) coaxial or fiber-optic cable that is immediately adjacent to and
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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.
(21) "Service pole" means a pole, other than a municipally owned utility pole, owned or
operated by a municipality and located in a public right-of-way, including:
(A) a pole that supports traffic control functions;
(B) a structure for signage;
(C) a pole that supports lighting, other than a decorative pole; and
(D) a pole or similar structure owned or operated by a municipality and
supporting only network nodes.
(22) "Transport facility" means each transmission path physically within a public right-
of-way, extending with a physical line from a network node directly to the network, for the
purpose of providing backhaul for network nodes.
(23) "Utility pole" means a pole that provides:
(A) electric distribution with a voltage rating of not more than 34.5 kilovolts; or
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(B) services of a telecommunications provider, as defined by Section 51.002,
Utilities Code.
(24) "Wireless service" means any service, using licensed or unlicensed wireless
spectrum, including the use of Wi-Fi, whether at a fixed location or mobile, provided to the
public using a network node.
(25) "Wireless service provider" means a person that provides wireless service to the
public.
3 Sec. 284.002. DEFINITIONS (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.
Sec. 284.003. LIMITATION ON SIZE OF NETWORK NODES.
(a) Except as provided by Section 284.109, a network node to which this chapter applies must
conform to the following conditions:
(1) each antenna that does not have exposed elements and is attached to an existing
structure or pole:
(A) must be located inside an enclosure of not more than six cubic feet in
volume;
(B) may not exceed a height of three feet above the existing structure or pole; and
(C) may not protrude from the outer circumference of the existing structure or
pole by more than two feet;
(2) if an antenna has exposed elements and is attached to an existing structure or pole,
the antenna and all of the antenna's exposed elements:
(A) must fit within an imaginary enclosure of not more than six cubic feet;
(B) may not exceed a height of three feet above the existing structure or pole; and
(C) may not protrude from the outer circumference of the existing structure or
pole by more than two feet;
(3) the cumulative size of other wireless equipment associated with the network node
attached to an existing structure or pole may not:
(A) be more than 28 cubic feet in volume; or
(B) protrude from the outer circumference of the existing structure or a node
support pole by more than two feet;
(4) ground-based enclosures, separate from the pole, may not be higher than three feet
six inches from grade, wider than three feet six inches, or deeper than three feet six
inches; and
(5) pole-mounted enclosures may not be taller than five feet.
(b) The following types of associated ancillary equipment are not included in the calculation of
equipment volume under Subsection (a):
(1) electric meters;
(2) concealment elements;
(3) telecommunications demarcation boxes;
(4) grounding equipment;
(5) power transfer switches;
(6) cut-off switches; and
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(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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