§ 14-11-193. PLACEMENT REQUIREMENTS.

(A)

Unless otherwise stated, requirements or prohibitions on network nodes, node support poles, or transport facilities in the public right-of-way under this subpart apply regardless of whether a network node, node support pole, or transport facility located in the public right-of-way is permitted by the City.

(B)

All network nodes, node support poles, and transport facilities shall comply with design standards established by the director and in no event are they allowed to exceed the limits on size and placement established by Section 284.002(9), Subsection (a), (c), and (d) of Section 284.003, and Section 284.103 of the Texas Local Government Code, unless the director establishes a design standard in a design manual that allows an exception.

(C)

All network nodes, node support poles, and transport facilities must comply with applicable design, aesthetic, and concealment requirements, including undergrounding requirements, established by the City in a design manual or criteria manual. All network nodes, node support poles, and transport facilities must comply with applicable design, aesthetic, and concealment requirements, including undergrounding requirements, established by the City for a design district adjacent to the public right-of-way within which a network node, node support pole, or transport facility is installed.

(D)

The initial charge for the public right-of-way rate for a network node, node support pole, or transport facility will be due and payable before the issuance of a permit and is a condition for permit approval. The initial charge is the sum of the initial year's prorated public right-of-way rate due through the end of the initial calendar year plus the public right-of-way rate due for the first full calendar year, following permit approval.

(E)

Unless otherwise provided by state law, a network provider claiming an exemption from permitting is nonetheless obligated to compensate the City for the network provider's use of public right-of-way. The initial charge under this subsection for the public right-of-way rate for a network node, node support pole, or transport facility will be due and payable before the network provider occupies public right-of-way. The initial charge is the sum of the initial year's prorated public right-of-way rate due through the end of the initial calendar year plus the public right-of-way rate due for the first full calendar year, following occupation of the public right-of-way.

(F)

A network provider may not install all or part of a network node or node support pole in public right-of-way in a municipal park unless the director determines that the proposed facility meets or exceeds all design and aesthetic standards applicable to rights-of-way in municipal parks, and provides, with the favorable recommendation from the Director of the City's Parks and Recreation Department, advance written consent for a new node support pole, including a pole replacing an existing pole for the purpose of accommodating a network provider's request to attach one or more network nodes. The following areas are designated as "municipal parks": Any area held, maintained, or managed by the City as a public park for the purpose of recreational activity, and any area within the City that the state or other political subdivision of the state holds, maintains, or manages as a public park for the purpose of recreation. The City's municipal parks are identified on an inventory list and depicted on a map, as may be updated from time to time, made available to the public by the director of the City's Parks and Recreation Department, such inventory and map being incorporated into this code by reference.

(G)

A network provider may not install a node support pole in a public right-of-way that is adjacent to a street or thoroughfare that is not more than 50 feet wide running adjacent to residential lots or structures. For the purposes of this subsection, the width of a street or thoroughfare is measured to exclude that portion designated for bicycle or pedestrian traffic.

Source: Ord. No. 20170817-045 , Pt. 2, 8-17-17; Ord. No. 20181213-041 , Pt. 3, 12-24-18.