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CITY OF BALCONES HEIGHTS
WIRELESS AND TRANSPORT FACILITIES PERMIT PACKAGE
Table of Contents
Item Page
Wireless and Transport Facilities Permit Application 2
Wireless Internet Service and Right-of-Way Network Node Regulations* 3
Wireless and Transport Facility Permit Fees 8
Design Manual 9
*Entire Code available at:
https://z2.franklinlegal.net/franklin/Z2Browser2.html?showset=balconesheightsset
City of Balcones Heights
WIRELESS AND TRANSPORTATION FACILITIES PERMIT APPLICATION
BEFORE COMPLETING THIS APPLICATION, PLEASE REVIEW THE CITY OF BALCONES HEIGHTS DESIGN MANUAL
TYPES OF INSTALLATION:
NETWORK NODE ON NODE SUPPORT POLE:
NETWORK NODE ON CITY-OWNED POLE: NUMBER (UP TO 5): _____
NEWORK NODE ON AN ELECTRIC OR TELEPHONE UTILITY POLE: NUMBER (UP TO 5): _____
TRANSPORT FACILITY:
GPS COORDINATES FOR EACH INSTALLATION:
(1)_________________ (2)_________________ (3)_________________ (4)_________________ (5)_________________
PAPERWORK CHECK LIST: (The following MUST be submitted with this permit application)
Complete Sets of Plans (digital plans only) RF Spectrum Analysis (ask for City frequencies)
CPS Energy Preliminary Site Survey A copy of 811 Dig Test ticket (if excavating)
Copy of FCC License Traffic Plans (if impacting street traffic)
CONTRACTOR INFO: (must be registered before a permit can be issued)
WIRELESS SERVICE PROVIDER: ______________________________________________________________________
INFRASTRUCTURE PROVIDER: _______________________________________________________________________
PROJECT CONTACT: ________________________________________________________________________________
OFFICE PHONE: ______________________________ CELL: ________________________________
EMAIL: ________________________________________________________________________
DESCRIPTION/SCOPE OF WORK:
___________________________________________________________________________________________________
___________________________________________________________________________________________________
___________________________________________________________________________________________________
Will the work
be within the street? Yes No Will the work impact trees? Yes
No
W
ill work interfere with the normal flow of traffic on streets, sidewalks or public ways? Yes No
Underground facilities? Yes No Ground Equipment? Yes No
I have read the City of Balcones Heights Design Manual and understand its requirements Yes No
Must be signed by an authorized representative of the Network Provider.
Date of application: _______________________ Signature: ______________________________________
For Office Use Only Date Received: _____________________ Calculated Fee: _______________________________
Shot Clocks
Completeness Review Due Date: ____________________ Approval / Denial Due Date: ______________________
Application Approved / Denied by: Building Inspector: _________________________ Date: _______________________
Application Approved / Denied by: City Engineer: _____________________________ Date: _______________________
Application Approved / Denied by: Director of Community Development: ______________ Date: _______________________
Application Approved / Denied by: City Administrator: __________________________ Date: _______________________
Reason for Denial:
___________________________________________________________________________________________________
___________________________________________________________________________________________________
NOTE: FAILURE TO OBTAIN A PERMIT PRIOR TO CONSTRUCTION WILL RESULT IN UNAUTHORIZED FACILITIES
Sept 2019
click to sign
signature
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City of Balcones Code of Ordinances
Title IX: General Regulations, Chapter 97: Streets and Sidewalks
WIRELESS INTERNET SERVICE AND RIGHT-OF-WAY NETWORK NODE REGULATIONS
§97.60 PURPOSE AND SCOPE.
(A) Purpose. The purpose of this subchapter is to establish policies and procedures for the placement
of node support poles in the right-of-way and network nodes in the public right-of-way and on service
poles within the city’s jurisdiction, which will provide public benefits and will be consistent with the
preservation of the integrity, safe usage, and visual qualities of the city public right-of-way and the city
as a whole.
(B) Intent. In enacting this subchapter, the city is establishing uniform standards to address issues
presented by network nodes, including without limitation, ensuring that network nodes or node support
poles do not adversely affect:
(1) Use of streets, sidewalks, alleys, parkways and other public ways and places;
(2) Vehicular and pedestrian traffic;
(3) The operation of facilities lawfully located in public right-of-way or public property;
(4) The ability of the city to protect the environment, including the prevention of damage to trees;
(5) The character of residential and historic areas, and city parks, in which network nodes may be
installed; and
(6) The rapid deployment of network nodes to provide the benefits of wireless services.
(C) Conflicts with other chapters. This subchapter supersedes all chapters, parts of chapters or rules
adopted prior hereto that are in conflict herewith, to the extent of such conflict.
(Ord. 2017-12, passed 8-28-17)
§97.61 DEFINITIONS.
All terms used in this subchapter, not specifically defined herein, have the meaning provided in chapter 284 of the
Texas Local Government Code.
Applicable law. Chapter 284 of the Texas Local Government Code.
Applicant. Any person who submits an application and is a network provider.
Application. A request submitted by an applicant:
(1) For a permit to collocate network nodes;
(2) To install a transport facility; or
(3) Approve the installation, replacement or modification of a pole.
City code. Those ordinance provisions relevant to use of the public right-of-way where compliant with applicable
law.
Day. Calendar day.
Person. An individual, corporation, limited liability company, partnership, association, trust, or other entity or
organization, including the city.
Routine maintenance.
(1) Work in the public right-of-way that does not require excavation or closing of sidewalks or
vehicular lanes in a public right-of-way;
(2) Replacing or upgrading a network node or pole with a node or pole that is substantially similar in
size or smaller and that does not require excavation or closing of sidewalks or vehicular lanes in a
Page 2 of 5
public right-of-way; or
(3) The installation, placement, maintenance, operation, or replacement of micro network nodes that
are strung on cables between existing poles or node support poles, in the public right-of-way.
Technical grounds. In light of prevailing industry and engineering standards, reasons of insufficiency of capacity,
safety, reliability and/or generally applicable engineering purposes consistent with applicable law and city code.
(Ord. 2017-12, passed 8-28-17)
§97.62 PERMITTED USE; APPLICATION AND FEES.
(A) Permitted use. Collocation of network nodes and the placement of node support poles, meeting the
parameters set forth in §97.64 below and in applicable law, shall be a permitted use. No zoning or land
use review shall apply, subject to the requirements in §97.64.
(B) Permit required. No person shall place a network node, transport facility or node support pole in the
public right-of-way, without first filing a permit application and obtaining a permit therefor, except as
otherwise provided in this subchapter.
(C) Permit application. All permit applications filed pursuant to this subchapter shall be on a form,
paper or electronic, provided by the city. The applicant may designate portions of its application
materials that it reasonably believes contain proprietary or confidential information as “proprietary” or
“confidential” by clearly marking each page of such materials accordingly.
(D) Application requirements. The permit application shall be made by the network provider or its duly
authorized representative and shall contain the following:
(1) The applicant’s name, address, telephone number, and e-mail address.
(2) The names, addresses, telephone numbers, and e-mail addresses of all consultants, if any, acting
on behalf of the applicant with respect to the filing of the application.
(3) Construction and engineering drawings and information confirming that the construction will be
consistent with city code.
(E) Routine maintenance and replacement. A permit application shall not be required for:
(1) Routine maintenance; or
(2) The replacement of a node with another node that is substantially similar.
(F) Information updates. Any amendment to information contained in a permit application shall be
submitted in writing to the city within 30 days after the change necessitating the amendment.
(G) Application fees. All applications for permits pursuant to this subchapter shall be accompanied by a
fee of $500.00 for up to five network nodes addressed in the same application, $250.00 for each
additional node in the same application; and a fee of $1,000.00 for each node support pole.
(Ord. 2017-12, passed 8-28-17)
§97.63 ACTION ON PERMIT APPLICATIONS.
(A) Review of applications. The city shall review applications for network nodes, node support poles
and transport facilities in light of their conformity with applicable law and city code and shall issue such
permits on nondiscriminatory terms and conditions subject to the following requirements:
(1) Within 30 days of receiving an application for a network node or node support pole, or 10 days for
a transport facility, the city shall determine and notify the applicant whether the application is complete;
or if incomplete, the city must specifically identify the missing information in such notification. There
shall be no fee charged for completion and resubmittal of an application.
(2) The city shall make its final decision to approve or deny a complete application no later than:
(a) 21 days after receipt of a complete application for a transport facility;
(b) 60 days after receipt of a complete application for a network node; and
Page 3 of 5
(c) 150 days after receipt of a completed application for a new node support pole.
(3) The city shall advise the applicant in writing of its final decision, and, if denied, the basis for that
denial, including specific provisions of city code or applicable law on which the denial was based, and
send the documentation to the applicant on or before the day the city denies the application. The
applicant may cure the deficiencies identified by the city and resubmit the application within 30 days of
the denial without paying an additional application fee. The city shall approve or deny the revised
application within 90 days of receipt of the amended application. The subsequent review by the city
shall be limited to the deficiencies cited in the original denial.
(4) If the city fails to act on an application within the review period specified in this section, the
application shall be deemed approved.
(5) An applicant seeking to collocate network nodes may, at the applicant’s discretion, file a
consolidated application and receive permits for up to 30 network nodes. Provided however, the city’s
denial of any node within a single application shall not affect other nodes submitted in the same
application. The city shall grant permits for any and all nodes in a single application that it does not
deny, subject to the requirements of this section.
(B) Review of eligible facilities requests. Notwithstanding any other provision of this subchapter, the city
shall approve and may not deny applications for eligible facilities requests within sixty (60) days
according to the procedures established under 47 CFR 1.40001(c).
(Ord. 2017-12, passed 8-28-17)
§97.64 NETWORK NODES IN THE PUBLIC RIGHT-OF-WAY; MAXIMUM HEIGHT; OTHER
REQUIREMENTS.
(A) Maximum size of permitted use. Collocation of permitted use network nodes in the public right-of-
way shall be subject to the size limitations specified in chapter 284.003 of the Local Government Code.
(B) Undergrounding provisions. A network provider shall comply with nondiscriminatory undergrounding
requirements, including code sections 41-141(e) electrical, telephone and other lines, ch. 41, exhibit A,
sec. 12(D)(2) Plum Creek PUD, sec. 38-111 - installation, repair of towers, posts, etc.; permit required,
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. This requirement or restriction shall not be interpreted to prohibit a network provider from
replacing an existing structure.
(C) Historic areas and design districts. Subject to the permit application approval time frames in §97.63,
a network provider must obtain advance approval from the city before collocating new network nodes or
installing new node support poles in any areas zoned or designated as a historic district or as a design
district if the district has decorative poles. Such installations shall be subject to the design and aesthetic
standards of such areas.
(D) Installation in municipal parks and residential areas. A network provider may not install a new node
support pole in a public right-of-way without the city’s discretionary, nondiscriminatory, written consent
of the building department if the public right-of-way is located in a municipal park or is adjacent to a
street or thoroughfare that is (1) not more than 50 feet wide; 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. A network provider shall comply with private deed restrictions and other private
restrictions when installing network nodes in parks and residential areas.
(E) Zoning. A network provider seeking to construct, replace or modify a pole or node in the public
right-of-way that exceeds the height or size limits contained in this section, shall be subject to applicable
zoning requirements.
(Ord. 2017-12, passed 8-28-17)
§97.65 EFFECT OF PERMIT.
(A) Authority granted. A permit from the city authorizes an applicant to undertake only certain activities
in accordance with this subchapter, and does not create a property right or grant authority to the
Page 4 of 5
applicant to impinge upon the rights of others who may already have an interest in the public right-of-
way.
(B) Time of installation. A network provider shall begin the installation for which a permit is granted not
later than six months after final approval and shall diligently pursue the installation to completion.
Provided, however, the city may place a longer time limit on completion or grant reasonable extensions
of time as requested by the network provider.
(C) Right to occupy. Once a network provider has collocated a network node or placed a node support
pole pursuant to a permit, the provider shall be permitted to continue to maintain such collocation or
such pole unless required to remove or relocate under the terms of this subchapter.
(D) Interference with network nodes. City will not grant a permit to any person to install any network
node or other wireless facility if the city knows or has reason to know that such person’s use of such
network node of other wireless facility may in any way adversely affect or interfere with the use and
operation of an existing and operational network node for which the city has previously issued a permit.
(Ord. 2017-12, passed 8-28-17)
§97.66 REMOVAL, RELOCATION OR MODIFICATION OF NETWORK NODES IN THE R-O-W.
(A) Notice. Within 90 days following written notice from the city, a network provider shall, at its own
expense, protect, support, temporarily or permanently disconnect, remove, relocate, change or alter the
position of any network node or node support pole within the public right-of-way whenever the city has
determined that such removal, relocation, change or alteration, is reasonably necessary for the
construction, repair, maintenance, or installation of any city improvement in or upon, or the operations of
the city in or upon, the public right-of-way.
(B) Emergency removal or relocation of facilities. The city retains the right and privilege to disconnect or
move any network node located within the public right-of-way of the city, as the city may determine to be
necessary, appropriate or useful in response to any public health or safety emergency. If circumstances
permit, the city shall notify the network provider and allow the network provider an opportunity to move
its own facilities prior to the city disconnecting or removing a facility and shall notify the network provider
after disconnecting or removing a network node or node support pole.
(C) Abandonment of facilities. Upon abandonment of a network node or node support pole within the
public right-of-way, the network provider shall notify the city within 90 days. Following receipt of such
notice, the city may direct the network provider to remove all or any portion of a network node or node
support pole if the city, or any of its departments, determines, subject to city code, that such removal is
necessary to protect public health, safety and welfare.
(Ord. 2017-12, passed 8-28-17)
§97.67 PUBLIC RIGHT-OF-WAY RATE.
(A) Annual rate. Once a network provider has installed and made operational a network node in the
public right-of-way, network provider shall pay to the city compensation for use of the public right-of-way
in the amount of $250.00 annually per node in the city public right-of-way as authorized by state law. If
fee is increased by state law, this fee shall be adjusted to reflect state law.
(B) Cease payment. A network provider is authorized to remove its facilities at any time from the public
right-of-way and cease paying the city compensation for use of the public right-of-way following removal
and notification to the city of such removal.
(Ord. 2017-12, passed 8-28-17)
§97.68 ATTACHMENT TO SERVICE POLES IN THE PUBLIC RIGHT-OF-WAY.
A network provider shall be permitted to attach network nodes to city-owned service poles, consistent with
applicable law and city code and subject to the requirements specified herein.
(1) Permits. A network provider shall obtain a permit, pursuant to the terms of this subchapter, prior to
collocating network nodes on service poles.
(2) Make ready. Network provider shall be responsible for costs for make ready work on city service
Page 5 of 5
poles to which provider seeks to place a network node.
(3) Technical limitations. In the event the city determines, based upon technical grounds, that
inadequate space exists on a service pole to accommodate the proposed network node, such pole may
be replaced by network provider, at the network provider’s expense, with a service pole with adequate
space to accommodate the proposed network node.
(4) Facilities rearrangements. If another provider would have to rearrange or adjust any of its facilities to
accommodate a new network node, the city shall use reasonable efforts to work with the affected
providers to coordinate such activity. All make ready work shall comply with NESC, and other applicable
codes. The applicant shall not be responsible for any third-party costs, including those of other network
providers, to adjust existing attachments that are noncompliant with the NESC and other applicable
codes at the time of the application.
(5) Service pole attachment fee. The rate to collocate a network node on a service pole in the public
right-of-way shall be $20.00 per pole per year. Subject to the provisions of §97.69, such compensation
together with the application fee and the public right-of-way rate specified in §97.67 shall be the sole
compensation that the network provider shall be required to pay to the city.
(6) Cease payment. A network provider is authorized to remove its facilities at any time from a service
pole in the public right-of-way and cease paying the attachment fee to the city upon notification to the
city that the facilities have been removed.
(Ord. 2017-12, passed 8-28-17)
§97.69 TRANSPORT FACILITIES.
Installation of transport facilities, including applicable compensation to the city for such facilities, shall be governed
by chapter 284.055 of the Texas Local Government Code.
(Ord. 2017-12, passed 8-28-17)
§97.70 DESIGN MANUAL.
A network provider shall comply with the city’s design manual, if any, in place on the date a permit application is
filed in relation to work for which the city has approved a permit application. The city’s design manual may not
conflict with applicable law and must be competitively neutral.
(Ord. 2017-12, passed 8-28-17)
§97.99 PENALTY.
(A) Any violation of §97.01 shall be punishable by a fine of not less than $5.00 and not more than
$2,000.00 and each day that such violation persists shall be considered a separate violation. (Ord. 77-3,
passed 4-11-77)
(B) Whoever violates any provision of §97.10 shall be guilty of a misdemeanor, and upon conviction,
the person, or persons found guilty shall be fined in any sum not more than $500.00. Each day of
violation shall constitute a separate offense. (Ord. 7-65, passed 7-12-65)
(C) Any owner, contractor or subcontractor guilty of the violation of §97.11 shall be fined not less than
$10.00 and not more than $500.00, and each day that a violation exists shall be considered a separate
violation. (Ord. 6-77, passed 7-11-77)
CITY OF BALCONES HEIGHTS
Network Providers' Access to Public Rights-of-Way Fees
Colocation Fee for Network Nodes on Service Poles
Annual fee for each service pole
$20
Network Nodes Application Fee
For each application containing up to five (5) network nodes
$500
For each additional network node beyond five (5)
$250
Network Node Annual Site Rental Fee
For each network node site
$250
Note: Adjusted on an annual basis, by an amount equal to one-half of
the annual change, if any, in the Consumer Price Index.
Node Support Pole Application Fee
For each node support pole
$1,000
Transport Facility Application Fee
For each application containing up to five (5) network nodes
$500
For each additional network node beyond five (5)
$250
Transport Facility Monthly Rental Fee
For each network node site
$28
Note: Not to exceed the monthly aggregate per-note fee
Page 1 of 12
Design Manual
Design Manual
for the
Installation of Network Nodes and Node Support Poles
Pursuant to Tex. Loc. Gov. Code Chapter 284
SECTION
1.
PURPOSE AND APPLICABILITY.
The City of Balcones Heights ("City") recognizes that the State of Texas has delegated
to the City the fiduciary duty, as a trustee, to manage the public right-of-way for the health,
safety, and welfare of the public to Texas municipalities.
Purpose: Loc. Gov. Code, Chapter 284 allows certain wireless Network Providers to
install in the public rights-of-way their wireless facilities, described and defined in Tex. Loc.
Gov. Code Chapter 284, Sec. 284.002 as "Micro Network Nodes", " Network Nodes", and
"Node Support Poles".
As expressly allowed by Tex. Loc. Gov. Code, Chapter 284, Section 284 .108, and
pursuant to its police power authority reserved in Sec. 284.3011, the City enacts these Design
Guidelines in order to meet its fiduciary duty to the citizens of the City, and to give assistance and
guidance to wireless telecommunications providers to assist such companies in the timely,
efficient, safe and aesthetically pleasing installation of technologically competitive equipment.
Applicability: This Design Manual is for siting and criteria for the installation Wireless
Facilities, including Micro Network Nodes, Network Nodes, Node Support Poles and related
ground equipment being installed pursuant to Loc. Gov. Code, Chapter 284.
This Design Manual s hall apply to any sitings, installations, collocations in, on, over or
under the public rights-of-way of Network nodes, Node support poles, Micro network nodes,
Distributed Antenna Systems, microwave communications or other Wireless Facilities, by
whatever nomenclature, whether they are installed pursuant to Chapter 284, or installed
pursuant to an agreement as agreed to and consented to by the City in its discretion, or
installed as may otherwise be allowed by state law.
City Rights-of Way Management Ordinance: A Network Provider shall comply with the
City's Rights-of-Way Management Ordinance except where in conflict with this Design Manual
or Chapter 284, Subchapter C.
SECTION 2. DEFINITIONS.
Page 2 of 12
Design Manual
The definitions as used in Tx. Loc. Gov. Code, Chapter 284, Sec. 284.002 shall be used in
this Design Manual, unless otherwise noted in this Section 2, below.
Abandon and its derivatives means the facilities installed in the right-of-way (including by
way of example but not limited to: poles, wires, conduit, manholes, handholes, cuts, network
nodes and node support poles, or portion thereof) that have been left by Provider in an unused
or non-functioning condition for more than 120 consecutive calendar days unless, after notice
to Provider, Provider has established to the reasonable satisfaction of the City that the
applicable facilities, or portion thereof, is still in active use.
Antenna means communications equipment that transmits or receives electromagnetic radio
frequency signals used in the provision of wireless services.
Applicable codes means:
(A) Uniform building, fire, electrical, plumbing, or mechanical codes adopted by a
recognized national code organization; and
(B) Local amendments to those codes to the extent not inconsistent with Chapter 284.
City means the City of Balcones Heights, Texas or its lawful successor.
City Administrator shall mean City Administrator or designee
Chapter 284 means Tex. Loc. Gov. Code, Chapter 284.
Collocate and collocation means 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 allow d as a condition for
City advance approval under Chapter 284, Sec. 284.105 in Historic or Design Districts. A
Concealed or Camouflaged Wireless Facility or Pole also includes any Wireless Facility or
Pole conforming to the surrounding area in which the Wireless Facility or Pole is located and
may include, but is not limited to hidden beneath a facade, blended with surrounding area
design, painted to match the supporting area, or disguised with artificial tree branches.
Decorative pole means a streetlight pole specially designed and placed for aesthetic purposes
and on which no appurtenances or attachments, other than specially designed informational or
directional signage or temporary holiday or special event attachments, have been placed or are
permitted to be placed according to non-discriminatory municipal codes.
Overlay 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 non-discriminatory basis.
Disaster emergency or disaster or emergency means an imminent, impending, or actual
natural or humanly induced situation wherein the health, safety, or welfare of the residents of
the city is threatened, and includes, but is not limited to any declaration of emergency by city
state or federal governmental authorities.
Page 3 of 12
Design Manual
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.
Law means common law or a federal, state, or local law, statute, code, rule, regulation, order,
or ordinance.
Local means within the geographical boundaries of the City.
Location means the City approved and lawfully permitted location for the Network Node.
Macro tower means a guyed or self-supported pole or monopole greater than the height
parameters prescribed by Chapter 284, Section 284.103 and that supports or is capable of
supporting antennas.
Mayor means the Mayor for the City.
Micro network node means a network node that is not larger in dimension than 24 inches in
length, 15 inches in width, and 12 inches in height, and that has an exterior antenna, if any,
not longer than 11 inches.
Municipal park means an area that is zoned or otherwise designated by municipal code as a
public park for the purpose of recreational activity.
Municipally owned utility pole means a utility pole owned or operated by a municipally
owned utility, as defined by Section 11.003, Utilities Code, and located in a public right-of-
way.
MUTCD means Manual of Uniform Traffic Control Devices.
Network node means equipment at a fixed location that enables wireless
communications between user equipment and a communications network. The term:
(A) includes:
(i) Equipment associated with wireless communications;
(ii)
A radio transceiver, an antenna, a battery-only backup power supply, and
comparable equipment, regardless of technological configuration; and
(iii) Coaxial or fiber-optic cable that is immediately adjacent to and directly
associated with a particular collocation; and
(B) does not include:
(i) an electric generator;
Page 4 of 12
Design Manual
(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
telecommunications.
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 or public way or public right-of way or public rights-of way or rights-of way or right- of
way means the surface of, and the space above and below a public street, road, highway,
freeway, land, path, public way or place, alley, court, boulevard, parkway, drive, or other
easement now or hereafter held by or under the control of the city, to which the city holds the
property rights in regard to the use for utilities, excluding easements not intended for public
works or public utility facilities but shall not include property of city which is not a dedicated
Page 5 of 12
Design Manual
public right-of way, street, highway, or alley. Neither the inclusion of this definition nor the
provisions hereof shall be construed to grant any right or privilege to utilize or occupy the
city rights-of-way absent an expressed agreement of the city or by authority expressly granted
by state law.
SWPPP shall mean Storm Water Pollution Prevention Plan.
TAS means Texas Accessibility Standards.
Traffic Signal means any device, whether manually, electrically, or mechanically operated by
which traffic is alternately directed to stop and to proceed.
Transport facility means each transmission path physically within a public right-of-way,
extending with a physical line from a network node directly to the network, for the purpose of
providing backhaul for network nodes.
Underground Requirement Area shall mean 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 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, non-discriminatory, and written consent if the public right- of-
way is in a Municipal park or is adjacent to a street or thoroughfare that is:
Page 6 of 12
Design Manual
(I)
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.
Each permit application shall disclose if it is within a Municipal Park and Residential Areas as
described above.
2.
Historic Districts and Overlay Districts. In accordance with Chapter 284, Sec. 284.105, a
Network Provider must obtain advance written approval from the City before collocating
Network Nodes or installing Node Support Poles in an Overlay District with Decorative Poles
or in an area of the City zoned or otherwise designated as an Overlay District or
Historic
District.
2.1.
As a condition for approval of Network Nodes or Node Support Poles in
Overlay Districts with Decorative Poles or in a Historic District, the City shall
require reasonable design or Concealment measures for the Network Nodes or
Node Support Poles. Therefore, any request for installations in an Overlay District
with Decorative Poles or in a Historic District, must be accompanied with proposed
Concealment measures in the permit applications.
2.2.
The City requests that a Network Provider explore the feasibility of using
Camouflage measures to improve the aesthetics of the Network Nodes, Node
Support Poles, or related ground equipment, or any portion of the nodes, poles, or
equipment, to minimize the impact to the aesthetics in Overlay Districts or in a
Historic District.
2.3.
Network Provider shall comply with and observe all applicable City, State,
and federal historic preservation laws and requirements.
2.4.
Each permit application shall disclose if it is within an Overlay District with
Decorative Poles or in an area of the City zoned or otherwise designated as an
Overlay 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 within
300 feet of such a structure.
Page 7 of 12
Design Manual
4.
Compliance with Undergrounding Requirements. In accordance with Chapter 284, Sec.
284.107, a Network Provider shall comply with non-discriminatory undergrounding
requirements, including municipal ordinances, zoning regulations, state law, private deed
restrictions, and other public or private restrictions, that prohibit installing aboveground
structures in a public right-of way without first obtaining zoning or land use approval.
4.1
Areas may be designated from time to time by the City as Underground
Requirement Areas in accordance with filed plats, and or conversions of overhead to
underground areas, as may be allowed by law.
4.2
Each permit application shall disclose if it is within an area that has undergrounding
requirements.
B.
Least preferable locations
1. Residential Areas and Parks. A Network Provider is discouraged from installing a
Network Node on an existing pole in a public right-of-way without written consent from the
City Council if the public right-of-way is located in or adjacent to a street or thoroughfare that
is adjacent to a municipal park or single-family residential lots or other multifamily residences
or undeveloped land that is designated for residential use by zoning or deed restrictions.
1.1 In accordance with Chapter 284, Sec. 284.104 (b) a Network Provider installing a
Network Node or a Node Support Pole in a public right-of-way shall comply with
private deed restrictions and other private restrictions in the area that apply to those
facilities.
2. Historic Districts and Overlay 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 an Overlay 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.
Exceptions
Page 8 of 12
Design Manual
The City by its discretionary consent and agreement may grant exception to the above
prohibited locations and sizes, but only in a non-exclusive and non-discriminatory manner, as
allowed or required by Chapter 284, Sec. 284.109 and Sec. 284.110.
E.
Order of Preference regarding Network Node attachment to existing facilities and
New Node Support Poles.
1.
Existing telephone or electrical lines between existing utility poles. Micro Network Nodes
shall only be lashed on existing telephone or electrical lines between existing utility poles
(electric poles or telephones poles), with notice to the pole owner as required by the
Federal Pole Attachment Act, and not placed on Utility Poles, Node Support Poles or Service
Poles.
2.
Existing Utility Poles (electric poles or telephones poles), shall be the preferred support
facility for Network Nodes and related ground equipment.
3.
New node support poles shall be the least preferred type of allowed facility for attachment
of Network Nodes.
4.
Municipal Service Poles:
a.
Non-decorative street lights with a height of more than 20 feet.
b.
Traffic signal structures when such installation will not interfere with the integrity of
the facility and will not interfere with the safety of public and in accordance with an
agreement as allowed by Chapter 284, Sec. 285.056 and Sec. 284.101 (a) (3), and (b).
c.
Street signage shall be a low priority use for attachment of a Network Node.
d.
Other municipal Service pole use is discouraged.
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 non-discriminatory applicable codes ;
4.
violate or conflict with the municipality's publicly disclosed public right-of-way
management ordinance or this Design Manual;
5.
violate the federal Americans with Disabilities Act of 1990 (42 U.S.C. Section 12101
et seq.).
6.
obstruct/hinder the ability to ascend or do maintenance work on the structure;
7.
violate the National Electrical Safety Code provisions prohibiting placement within 10
feet of energized conductors on existing utility service poles.
B. General Requirements and Information:
Page 9 of 12
Design Manual
1.
Size Limits. Network Providers shall provide detailed drawings, with calculations to show
strict conformity to the size limitations as set forth in Chapter 284, in accordance with, but not
limited to Chapter 284, Sec. 284.002, size of a Micro Network Node, Sec. 284.003, Size of
Network Nodes, and Sec. 284.103, Max. pole height, with each application and with each
request for a permit for each location.
2.
State and Federal Rights-of-way permit. If the project lies within a Highway
Right-of-Way, the applicant must provide evidence of a permit from the State or Federal
Government.
3.
Confirmation of non-interference with City Safety Communication Networks.
a.
The Network Provider needs to provide analysis that the proposed network node shall
not cause any interference with City public safety radio system, traffic signal light system,
or other city safety communications components in accordance with Chapter 284, Sec.
284.304.
b.
It shall be the responsibility of the Network Provider to evaluate, prior to making
application for permit, the compatibility between the existing City infrastructure and
Provider's proposed Network Node. A Network Node shall not be installed in a
location that causes any interference. Network Nodes shall not be allowed on City's
public safety radio infrastructure.
4.
Improperly Located Network Node facilities, Node Support Poles and related ground
equipment:
a.
Improperly Located Network Node facilities, Node Support Poles and related ground
equipment shall not impede pedestrian or vehicular traffic in the Right-of-Way. If any
Network Node facilities, Node Support Poles or ground equipment is installed in a
location that is not in accordance with the plans approved by the City Administrator and
impedes pedestrian or vehicular traffic or does not comply or otherwise renders the
Right-of-Way non-compliant with applicable Laws, including the American Disabilities
Act, then Network Provider shall promptly remove the Network Node facilities, Node
Support Poles or ground equipment.
b.
Notice to Remove unauthorized facilities and relocate and penalty: After 30 days' notice
to remove 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 $50 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 public right-of-way management ordinance, and other applicable
ordinances concerning improperly located facilities in the rights-of-way.
B.
Underground Requirement Areas.
Page 10 of 12
Design Manual
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 non-
discriminatory 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 transits to be an Underground Requirement
Area, then a Network Provider's permit for the location of the Micro Network Node,
Network Node, Node Support Pole, and related ground equipment at such location will be
revoked 90 days after the designation, with removal of said the Micro Network Node,
Network Node, Node Support Pole, and related ground equipment at such location within
90 days of such designation, or as otherwise reasonably allowed by the City for the
transition of other overhead facilities.
C.
Network Node facilities placement:
1.
Right-of-Way. Network Node facilities, Node Support Poles and related ground
equipment shall be placed, as much as possible, within two feet of the outer edge of the
Right-of-Way line to minimize any obstruction, impediment, or hindrance to the usual
travel or public safety on a public right-of-way.
2.
Height above ground. Network Node attachments to a pole shall be installed at least eight
(8) feet above the ground in accordance with Chapter 284, Sec. 284.108, and if a Network
Node attachment is projecting toward the street, for the safety and protection of the public
and vehicular traffic, the attachment shall be installed no less than sixteen (16) feet above
the ground.
(C)
Protrusions. In accordance with Chapter 284, Sec. 284.003 (a) (1) (C), Sec.
284.003 (a) (2) 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.
3.
Limit on number of Network Nodes per Site. There shall be no more than one
Network Node on any one Pole.
D.
New Node Support Poles.
1.
New Node Support Poles Spacing. New node support poles shall be spaced apart from
existing utility poles or Node Support poles at the same as the spacing between utility
poles in the immediate proximity, but no less than at a minimum 300 feet from a utility
pole or another Node Support Pole to minimize the hazard of poles adjacent to road ways
and to minimize effect on property values and aesthetics on the area.
2.
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.
Page 11 of 12
Design Manual
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 Administrator in writing.
3.
Minimize Ground equipment density: In accordance with Chapter 284, Sec. 284.102 (1) to
enhance the safety requirements of line of sight of pedestrians, particularly small children,
the City's designee may deny a request for a proposed Location if the Network Provider
installs Network Node ground equipment where existing ground equipment within 300 feet
already occupies a footprint of 25 sq. ft. or more.
F.
Municipal Service Poles:
1.
In accordance with Agreement: Installations on all Service Poles shall be in accordance
with an agreement as allowed by Chapter 284, Sec. 285.056 and Sec. 284.101 (a) (3), and (b).
2.
Required industry standard pole load analysis: Installations on all Service Poles shall have
an industry standard pole load analysis completed and submitted to the municipality with each
permit application indicating that the Service Pole to which the Network Node is to be attached
will safely support the load, in accordance with Chapter 284.108.
3.
Height of attachments: All attachments on all Service Poles shall be at least 8 feet above
grade, in accordance with Chapter 284, Sec. 285.108 (a) (1) - (2) and if a Network Node
attachment is projecting toward the street, for the safety and protection of the public and
vehicular traffic, the attachment shall be installed no less than sixteen (16) feet above the
ground.
4.
Installations on Traffic Signals: Installations on all Traffic signal structures must not
interfere with the integrity of the facility in any way that may compromise the safety of the
public and must be in accordance with an agreement as allowed by Chapter 284, Sec.
285.056 and Sec. 284.101 (a) (3), and (b). Installation of Network Node facilities on any
traffic signal structures shall:
(1)
Be encased in a separate conduit than the traffic light electronics;
(2)
Have a separate electric power connection than the traffic signal structure; and
(3)
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:
Page 12 of 12
Design Manual
i.
Be encased in a separate conduit than any City signage electronics;
ii.
Have a separate electric power connection than the signage structure; and
iii.
Have a separate access point than the signage structure.
SECTION 5. GENERAL AESTHETIC REQUIREMENTS
A.
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.
B.
Allowed Colors.
Colors in Historic Districts and Overlay Districts must be in strict accordance with the City's
rights-of-way management ordinance, and other applicable ordinances (Historic Districts and
Overlay Districts) except to the extent not consistent with Chapter 284.
SECTION 6. ELECTRICAL SUPPLY
A.
Provider Responsible for Electricity. 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.
Generators Prohibited. Network Provider shall not allow or install generators or backup
generators in the Right-of-Way in accordance with Chapter 284, Sec. 284.002 (12) (B) (1).
SECTION
7.
INSURANCE, INDEMNITY, BONDING AND SECURITY DEPOSITS.
1.
Insurance, bonding and security deposits shall be in strict accordance with the City's
rights-of-way management ordinance, and other applicable ordinances, except to the extent
not consistent with Chapter 284.
2.
Indemnity shall be in accordance with Chapter 284, Sec. 284.302, as provided for in
Chapter 283, Sec. 283.057 (a) and (b) of the Texas Loc. Gov't Code.
SECTION 8 - 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.
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Completed 11 July 2020

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