§ 74.227. Guidelines on placement.

A.

Generally. In accordance with V.T.C.A., Local Government Code Ch. 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.

5.

Violate the federal Americans with Disabilities Act of 1990 (42 U.S.C. Section 12101 et seq.).

6.

Obstruct or hinder the ability to ascend or do maintenance work on the structure.

7.

Violate the National Electrical Safety Code provision prohibiting placement within ten feet of energized conductors on existing utility service poles.

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 V.T.C.A., Local Government Code Ch. 284, in accordance with, but not limited to V.T.C.A., Local Government Code Ch. 284, § 284.002, size of a micro network node, V.T.C.A., Local Government Code § 284.003, Size of network nodes, and V.T.C.A., Local Government Code § 284.103, maximum 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 or SCADA 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, SCADA system, or other city safety communications components in accordance with V.T.C.A., Local Government Code Ch. 284, § 284.304.

b.

It shall be the responsibility of the network provider to evaluate, prior to making application for permit, the compatibility between the existing city infrastructure and provider's proposed network node. A network node shall not be installed in a location that causes any interference. Network nodes shall not be allowed on city's public safety radio infrastructure.

4.

Improperly located network node facilities, node support poles and related ground equipment:

a.

Improperly located network node facilities, node support poles and related ground equipment shall not impede pedestrian or vehicular traffic in the right-of-way. If any network node facilities, node support poles or ground equipment is installed in a location that is not in accordance with the plans approved by the city manager and impedes pedestrian or vehicular traffic or does not comply or otherwise renders the right-of-way non-compliant with applicable laws, including the American Disabilities Act, then network provider shall promptly remove the network node facilities, node support poles or ground equipment.

b.

Notice to remove unauthorized facilities and relocate and penalty: After 30 days' notice to remove of network node facilities, node support poles or ground equipment that is located in the incorrect permitted location, if not relocated the network provider shall be subject to a penalty of $500.00 per day penalty until the network node facilities, node support poles or ground equipment is relocated to the correct area within the permitted location, regardless of whether or not the network provider's contractor, subcontractor, or vendor installed the network node facilities, node support poles or ground equipment in strict conformity with the city rights-of-way management ordinance, and other applicable ordnances concerning improperly located facilities in the rights-of-way.

C.

Underground requirement areas.

1.

In accordance with V.T.C.A., Local Government Code Ch. 284.107, a network provider shall, in relation to installation for which the city approved a permit application, comply with nondiscriminatory undergrounding requirements, including municipal ordinances, zoning regulations, state law, private deed restrictions, and other public or private restrictions, that prohibit installing aboveground structures in a public right-of-way without first obtaining zoning or land use approval.

2.

If a location is designated by the city to 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 the 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 city for the transition of other overhead facilities.

3.

Before commencing underground installation, 811 Tess must be called so that the area can be flagged for underground utilities.

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 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 V.T.C.A., Local Government Code Ch. 284, § 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 V.T.C.A., Local Government Code Ch. 284, §§ 284.003(a)(1)(C), 284.003(a)(2)(C) and 284.003(a)(3)(B) no protrusion from the outer circumference of the existing structure or pole shall be more than two 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 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 V.T.C.A., Local Government Code Ch. 284, § 284.103 a node support pole or modified utility pole may not exceed the lesser of:

(1)

Ten 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)

Fifty-five 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 V.T.C.A., Local Government Code Ch. 284.102(1), to minimize any obstruction, impediment, or hindrance to the usual travel or public safety on a public right-of-way the maximum line of sight required to add to safe travel of vehicular and pedestrian traffic and in order to maximize that line of sight at street corners and intersections and to minimize hazards at those locations, ground equipment may not be installed within 250 feet of a street corner or a street intersection.

2.

Ground equipment near municipal parks. For the safety of municipal park patrons, particularly small children, and to allow full line of sights near municipal park property, the network provider shall not install ground equipment in a right-of-way that is within a park or within 250 feet of the boundary line of a park, unless approved by the city manager and parks director in writing.

3.

Minimize ground equipment density. In accordance with V.T.C.A., Local Government Code Ch. 284, § 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 square feet or more.

4.

Water, sewer and storm drainage lines. Special precautions must be taken where underground fiber optic cable is installed in public street right-of-ways commonly used for utility corridors.

a.

Underground utilities and service connections must be identified prior to excavation. "Dig Alert," "One Call," or similar underground utility contractor must be contacted to identify the locations of subsurface utilities.

b.

If temporary disruption of service is required, the installation contractor must notify the city, the service provider, and customers at least 24 hours in advance. No service on such lines may be disrupted until prior approval from the city and the service provider.

c.

At locations where the fiber optic cable will cross other subsurface utilities or structures, the cable must be installed to provide a minimum of 12 inches of vertical clearance between it and the other subsurface utilities or structures, while still maintaining the other applicable minimum depth requirement. To maintain the minimum depth requirement, the cable must be installed under the existing utility. If the minimum 12-inch clearance cannot be obtained between the proposed cable facility and the existing utility, the fiber optic cable must be encased in steel pipe of avoid future damage.

d.

Existing water lines: No communication lines shall be placed on top of a water line but may be placed to the side of a water line at least four feet from the center line of the water line. When crossing a water line, a 12-inch vertical or horizontal clearance must be maintained. Poles must be at least three feet from a water line.

e.

Existing sewer lines: No communication lines shall be placed on top of a sewer line but may be placed to the side of a sewer line at least four feet from the center line of the sewer line. When crossing a sewer line, a 12-inch vertical or horizontal clearance must be maintained. Poles must be at least three feet from a sewer line.

f.

Existing storm drainage lines: No communication lines shall be placed on top of a storm drainage line but may be placed to the side of a storm drainage line at least four feet from the center line of the storm drainage line. When crossing a storm drainage line, a 12-inch vertical or horizontal clearance must be maintained. Poles must be at least three feet from a storm drainage line.

5.

Blocking streets, roads, alleys or lanes: Texas Department of Transportation (TxDOT) standards must be followed for work zone areas that will block streets, roads, alleys or lanes. A traffic plan must be submitted to the city prior to construction.

G.

Municipal service poles.

1.

In accordance with agreement: Installations on all service poles shall be in accordance with an agreement as allowed by V.T.C.A., Local Government Code Ch. 284, §§ 285.056 and 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 V.T.C.A., Local Government Code § 284.108. All installations must comply with the National Electrical Safety Code provision prohibiting placement within ten feet of energized conductors on existing utility service poles.

3.

Height of attachments: All attachments on all service poles shall be at least eight feet above grade, in accordance with V.T.C.A., Local Government Code Ch. 284, § 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 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 V.T.C.A., Local Government Code Ch. 284, §§ 285.056 and 284.101(a)(3), and (b). Installation of Network Node facilities on any traffic signal structures shall:

i.

Be encased in a separate conduit than the traffic light electronics;

ii.

Have a separate electric power connection than the traffic signal structure;

iii.

Have a separate access point than the traffic signal structure; and

5.

Installations on street signage: Installations on all street signage structures must not interfere with the integrity of the facility in any way that may compromise the safety of the public. Installation of network node facilities on any street signage structures that has electrics shall:

i.

Be encased in a separate conduit than any city signage electronics;

ii.

Have a separate electric power connection than the signage structure; and,

iii.

Have a separate access point than the signage structure.

6.

Restoration of city facilities and private property: The network provider shall be responsible for repairing any damage to any street, street right-of-way, ditch or any structure to its original condition immediately upon completing the installation. Any change to the slope of the land must be remedied, and there must be replacement of top soil and grass to its original condition.

(Ord. No. 2017-56 , § 2(Exh. A, Sec. 4), 11-8-17; Ord. No. 2018-11 , § 1, 5-15-18)