HomeMy WebLinkAbout2017-3916 - Ordinance - 08/10/2017 ORDINANCE NO. 2017-3916
AN ORDINANCE AMENDING CHAPTER 3, BUILDING REGULATIONS, OF THE CODE
OF ORDINANCES OF THE CITY OF COLLEGE STATION, TEXAS, BY ADDING SECTION
3-8"WIRELESS FACILITIES"TO CHAPTER 3 "BUILDING REGULATIONS"REGARDING
INFRASTRUCTURE STANDARDS AND REQUIREMENTS FOR WIRELESS FACILITIES
IN THE PUBLIC RIGHT-OF-WAY, AS SET OUT BELOW; PROVIDING FOR REPEAL;
PROVIDING A SEVERABILITY CLAUSE; DECLARING A PENALTY; AND PROVIDING
AN EFFECTIVE DATE.
WHEREAS, the City of College Station, Texas ("City") is charged with maintaining
control of and access to the public right-of-way in order to protect the health, safety and welfare
of its citizens; and
WHEREAS, the 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; and
WHEREAS, Chapter 284 of the Texas Local Government Code ("Chapter 284"), recently
added by the State Legislature and signed into law by the Governor, allows certain wireless
Network Providers to install certain wireless facilities in the public right-of-way, described and
defined in Texas Local Government Code, Chapter 284, Sec. 284.002 as"Micro Network Nodes",
"Network Nodes", and "Node Support Poles"; and
WHEREAS,as expressly allowed by Texas Local Government Code,Chapter 284, Section
284.108, and pursuant to its police power authority reserved in Section 284.301, the City enacts
this Ordinance 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;and
WHEREAS, this Ordinance is for siting and criteria for the installation of wireless
facilities, including Micro Network Nodes, Network Nodes, Node Support Poles and related
ground equipment being installed pursuant to Chapter 284 of the Texas Local Government Code;
and
WHEREAS,this Ordinance shall apply to any siting, installations,collocations in,on,over
or under the public right-of-way of Network Nodes, Node Support Poles, Micro Network Nodes,
Distributed Antenna Systems, microwave communications and 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; and
WHEREAS, a Network Provider shall comply with the City's right-of-way maintenance
ordinance, currently codified in Chapter 3 of the Code of Ordinances, City of College Station,
College Station Wireless Facilities Ordinance No.2017-3916 Page 1 of 23
Texas and as scheduled to be renumbered and recodified in Chapter 34 of the forthcoming code,
except where in conflict with this Ordinance or Chapter 284; and
WHEREAS, it is the City's responsibility to update its Code to be consistent with that of
the Texas Local Government Code and to exercise the maximum authority preserved to local
governments following the creation of Chapter 284 while at the same time to craft fair and
reasonable rules for the use of the City's public right-of-way by entities not falling under the
protection of Chapter 283 and Chapter 284; and
WHEREAS, this Ordinance is intended to promote compliance with the Texas Utilities
Code and Local Government Code; and
WHEREAS, the City Council of the City of College Station, Texas now deems it
appropriate to amend regulations regarding infrastructure standards relating to Wireless Facilities
in the public right-of-way; now therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION,
TEXAS:
PART 1: That the facts and recitations set forth in the preamble of this Ordinance are hereby
found to be true, correct, and incorporated for all purposes.
PART 2: That the Code of Ordinances, City of College Station, Texas is hereby amended by
adding Section 3-8 "Wireless Facilities" to Chapter 3, "Building Regulations"
(which is scheduled to be renumbered and recodified as Article 6 in Chapter 34 of
the forthcoming code), as set out in Exhibit "A", attached hereto and made a part
of this ordinance for all purposes.
PART 3: That all ordinances or parts of ordinances in conflict herewith, if any, shall be and
are hereby repealed only to the extent of such conflict.
PART 4: That if any provision of this ordinance or its application to any person or
circumstances is held invalid or unconstitutional, the invalidity or
unconstitutionality does not affect other provisions or application of this ordinance
or the Code of Ordinances of the City of College Station, Texas that can be given
effect without the invalid or unconstitutional provision or application, and to this
end the provisions of this ordinance are severable.
PART 5: That any person, corporation, organization, government, governmental subdivision
or agency, business trust, estate, trust, partnership, association and any other legal
entity violating any of the provisions of this ordinance shall be deemed guilty of a
misdemeanor, and upon conviction thereof shall be punishable by a fine of not less
than twenty five dollars ($25.00) and not more than five hundred dollars ($500.00)
or more than two thousand dollars($2,000) for a violation of fire safety, zoning, or
public health and sanitation ordinances, other than the dumping of refuse.Each day
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• such violation shall continue or be permitted to continue,shall be deemed a separate
offense.
PART 6: That said Ordinance, being a penal ordinance,becomes effective ten(10)days after
its date of passage by the City Council, as provided by Section 35 of the Charter of
the City of College Station.
PASSED, ADOPTED and APPROVED this /b day ofrt/St. , 2017.
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College Station Wireless Facilities Ordinance No.2017-3916 Page 3 of 23
EXHIBIT "A"
That the Code of Ordinances,City of College Station, Texas is hereby amended by adding Section
3-8 "Wireless Facilities" to Chapter 3 "Building Regulations" (which is scheduled to be
renumbered and recodi ied as Article 6 in Chapter 34 of the forthcoming code) and this new
Section 3-8 "Wireless Facilities" shall read as follows:
Chapter 3 BUILDING REGULATIONS
Sec.3-8.Wireless Facilities. (Scheduled to be renumbered and recodified as Article 6 in Chapter
34 of the forthcoming code)
A. Applicability.
A network provider seeking to site, install, collocate, maintain, repair, relocate,
replace, and remove wireless facilities in the public right-of-way must comply with
the provisions of state and federal law and with Chapter 3 of the Code of
Ordinances, City of College Station, Texas, as amended, and the City's Pole
Attachment Specifications approved by the City, as they currently exist or may
hereafter be amended, except where in conflict with Chapter 284.
B. Permit Application.
A network provider must submit an application for a permit, as that term is defined
in the rights-of-way maintenance ordinance, prior to installing a network node,
node support pole, or transport facility in the public rights-of-way and prior to any
excavating or closing sidewalks or vehicular lanes in a public right-of-way in
association with any routine maintenance, replacement, repair, or upgrading work.
The application for such a permit must include the following:
(1) detailed drawings,with calculations to show strict conformity to the size
limitations as set forth in Chapter 284, including, 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, and with the requirements of this Section, the rights-of-way
maintenance ordinance, and the Pole Attachment Specifications;
(2) an analysis showing that the proposed wireless facility(ies) will not
cause any interference with City public safety radio systems, utility
supervisory control and data acquisition systems (SCADA), electric
automation systems, metering networks, traffic signal light systems, or
other city utility or safety communications components in accordance
with Chapter 284, Sec. 284.304, or interfere with motorists' sight
distance at an intersection as defined by the American Association of
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State Highway and Transportation Officials (AASHTO) in the "A
Policy on Geometric Design of Highways and Streets";
(3) a proposal to camouflage or conceal the network node consistent with
the requirements of this Section;
(4) disclose whether the location is any of the following:
(a) within a Municipal Park or within a Residential Area zoned R
Rural,E Estate,RS Restricted Suburban, GS General Suburban,
T Townhome, D Duplex, or MF Multi-family, as described in
the City's Unified Development Ordinance (UDO) and Code of
Ordinances;
(b) within a Design District with Decorative Poles or in an area of
the City zoned or otherwise designated as a Historic District or
Design District as set forth in Section 5.8 of the City's Unified
Development Ordinance (UDO) and Code of Ordinances;
(c) within an area that has undergrounding requirements as set forth
in the City's Unified Development Ordinance (UDO) and Code
of Ordinances;
(d) 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 Section 442.001(3) of the
Texas Government Code, and 16 U.S.C. §470), as of the date of
the submission of the permit.
(5) Copies of Texas Department of Transportation(TxDOT) issued permits
for any facilities to be located in TxDOT rights-of-way.
C. Fees.
(1) In lieu of the fees provided in this Section, a network provider must pay
fees for permit applications and use of the public rights-of-way as
provided in Chapter 284. Because City requires the payment of a fee for
similar types of commercial development inside the City's territorial
jurisdiction, other than a type for which application or permit fees are
not allowed by law,the City is eligible to charge an applications fee for
deployments under this Section.Unless there is a change in law,the fees
shall be assessed consistently with Chapter 284, as it currently exists or
may hereafter be amended, which currently are based on the number of
poles and or Network Nodes contained in an application at the following
rates, which rates are subject to adjustment as provided in Chapter 284:
(a) Permit and Application Fees:
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(i) Five Hundred Dollars ($500) per application, up to five
network nodes per application;
(ii) Five Hundred Dollars($500)per application for the first five
network nodes, then an additional Two hundred and Fifty
Dollars ($250) for each additional network node per
application; and
(iii)One Thousand Dollars ($1,000) per application for each
pole.
(b) Rent from Network Providers:
(i) Nodes: The Annual Network Node site rental rate as set in
Chapter 284, Sec. 284.053, shall be$250 per Network Node
site, per year, with automatic annual CPI adjustments as
provided for in Chapter 284, Sec. 284.054.
a. Automatic Annual Adjustments: The annual
Network Node site rental rate shall be automatically
adjusted one-half (1/2) the annual change to the
Consumer Price Index for All Urban Consumers for
Texas, as published by the federal Bureau of Labor
Statistics as published in February for the preceding
twelve(12) months.
(ii) Poles: Chapter 284, Sec. 284.053 does not provide a
separate rate for poles and therefore the rental rate is the
same rental rate as for Network Nodes.
(iii)Transport Facility: The Annual Transport Facility rental rate
as set in Chapter 284, Sec. 284.055., shall be $28 per month
for each Network Node site, unless an equal or greater
annual amount is paid the City,e.g.,under Chapter 283,Tex.
Loc. Gov. Code or Chapter 66, Tex. Util. Code.
(2) Adoption of the fees in this Section shall not be seen as a finding by the
City that: the fees are greater than or equal to the actual, direct, and
reasonable costs the City determines are incurred in granting or
processing an application that are reasonably related in time to the time
and the costs incurred granting or processing an application.
D. Prohibited and Restricted Locations of Micro Network Node, Network Node.,
Node Support Pole and related ground equipment.
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A network provider is prohibited or restricted from locating Micro Network Nodes,
Network Nodes, Node Support Poles and related ground equipment, except with a
separate city agreement or subject to concealment conditions, as follows:
(1) Municipal Parks and Residential Areas. In accordance with Chapter
284, Sec. 284.104(a), a Network Provider may not install a Node
Support Pole in a public right-of-way without the City's discretionary,
nondiscriminatory, and written consent if the public right-of-way is in a
Municipal park or is adjacent to a street or thoroughfare that is:
(a) 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
(b) adjacent to single-family residential lots or other multifamily
residences or undeveloped land that is designated for residential
use by zoning or deed restrictions.
(c) 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 in this subdivision must comply
with private deed restrictions and other private restrictions in the
area that apply to those facilities.
(2) Historic Districts and Design 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 a Design District with Decorative Poles or in an area
of the City zoned or otherwise designated as a Design District or
Historic District.
(a) As a condition for approval of Network Nodes or Node Support
Poles in Design Districts with Decorative Poles or in a Historic
District,the City 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.
(b) A Network Provider must 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 a Historic
District.
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(c) Network Providers must comply with and observe all applicable
City, State, and federal historic preservation laws and
requirements.
(d) The City Council may designate an area as a Historic District or
a Design District under Chapter 284, Section 284.105 at any
time.
(e) Currently designated Historic Districts are the following:
(i) Historic District Number 1 includes all areas designated by
a Historic Preservation Overlay District and further
described in Chapter 12 (the UDO), as amended.
(f) Currently designated Design Districts are the following:
(i) Design District Number 1 is the area designated as the WPC
zoning district and known as the Wolf Pen Creek
Development Corridor and is further described in Section
5.8 of the Unified Development Ordinance (UDO), as
amended.
(ii) Design District Number 2 is the area designated as the NG
zoning district and all "NG" subdistricts and known as the
Northgate Districts and is further described in Section 5.8 of
the Unified Development Ordinance (UDO), as amended.
(iii)Design District Number 3 is the area designated as the KO
zoning district and known as the Krenek Tap Corridor
Overlay District and is further described in Section 5.10 of
the Unified Development Ordinance (UDO), as amended.
(g) The failure to designate an area in this Section shall not mean
that such an area is not within a defined district, if so designated
by the City Council. Future areas may be designated as one of
these Districts at any time. Such a designation does not require
amendment of this ordinance.
(3) Compliance with Undergrounding Requirements. In accordance with
Chapter 284, Sec. 284.107, a Network Provider shall comply with
nondiscriminatory undergrounding requirements, including Section 3-
5, 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.
(a) The City may designate areas from time to time as Underground
Requirement Areas in accordance with filed plats, and or
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conversions of overhead to underground areas, as may be
allowed by law.
(b) Currently designated Underground Requirement Areas are all
areas subject to the requirements of Section 3-5.
(c) The failure to designate an area in this Section shall not mean
that such an area is not within an Underground Requirement
Area, if so designated by the City Council. Future areas may be
designated as an Underground Requirement Area at any time.
Such a designation does not require amendment of this
ordinance.
(d) Exceptions.The City by its discretionary consent and agreement
may grant exception to the prohibited and restricted 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. Preferred and Discouraged Locations of Micro Network Node,Network Node,
Node Support Pole and related ground equipment
(1) The following locations are least preferable locations for Network
Nodes:
(a) 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 Section 442.001(3) of the Texas Government
Code, and 16 U.S.C. $ 470), as of the date of the submission of
the permit.
(b) 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.
(i) 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 must comply with private deed
restrictions and other private restrictions in the area that
apply to those facilities.
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(c) Historic Districts and Design Districts. A Network Provider is
discouraged from installing a Network Node or a Node Support
Pole in the public right-of-way in any area designated by the City
as a Design District 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.
(2) The following locations are most preferable locations for Network
Nodes:
(a) Industrial areas if not adjacent to a Municipal Park, Residential
area, Historic District or Design District.
(b) Highway Rights-of-Way areas if not adjacent to a Municipal
Park,Residential area, Historic District or Design District.
(c) Retail and Commercial areas if not adjacent to a Municipal Park,
Residential area, Historic District or Design District.
(3) The following constitute the City's order of preference regarding
Network Node attachment to existing facilities and New Node Support
Poles:
(a) Existing telephone or communications lines between existing
utility poles. Micro Network Nodes shall only be lashed onto
existing telephone or communications 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.
(b) Existing Utility Poles (electric poles or telephones poles), shall
be the preferred support facility for Network Nodes and related
ground equipment.
(c) Municipal Service Poles:
(i) Non-decorative street lights with a height of more than 20
feet.
(ii) Traffic signal structures when such installation will not
interfere with the integrity of the facility and will not
interfere with the safety of public, and in accordance with an
agreement as allowed by Chapter 284, Sec.284.056 and Sec.
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284.101(a)(3), and (b), or interfere with motorists' visibility
of the traffic signals or sight distance at the intersection.
(iii)Street signage shall be a low priority use for attachment of a
Network Node.
(iv)Other municipal Service pole use is discouraged.
(d) New node support poles shall be the least preferred type of
allowed facility for attachment of Network Nodes.
(e) Ground equipment must be minimal and the least intrusive and
must not interfere with motorists' visibility of the traffic signals
or sight distance at the intersection.
F. Guidelines on Placement, Generally. Penalty.
(1) General Prohibitions. In accordance with Chapter 284, Section 284.102,
a Network Provider must construct and maintain Network Nodes and
Node Support Poles in a manner that does not:
(a) obstruct, impede, or hinder the usual travel or public safety on a
public right-of-way;
(b) obstruct the legal use of a public right-of-way by other utility
providers;
(c) violate nondiscriminatory applicable codes;
(d) violate or conflict with the City's right-of-way maintenance
ordinance or this Section.
(e) violate the federal Americans with Disabilities Act of 1990 (42
U.S.C. Section 12101 et seq.);
(f) interfere with City public safety radio systems, utility
supervisory control and data acquisition systems (SCADA),
electric automation systems, metering networks, traffic signal
light systems, or other city utility or safety communications
components.
Failure to comply with this subdivision is a violation of the City's Code and
shall be subject to all remedies available under law and subject to
application of the penalties outlined in penalty Subdivision of this Section.
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(2) General Requirements. A Network Provider must construct and
maintain Network Nodes, Node Support Poles, ground equipment and
related equipment in a manner that complies with the following:
(a) Size and Height Limits.Network Providers shall comply strictly
with the limitations as set forth in Chapter 284, including 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.
(b) State and Federal rights-of-way permit. If the project lies within
a Highway Right-of-Way, Network Provider must provide
evidence of a permit from the State or Federal Government.
(c) Non-Interference. Wireless Facilities must be installed in a
manner that does not cause any interference with public safety
radio systems, utility supervisory control and data acquisition
systems (SCADA), electric automation systems, metering
networks, traffic signal light systems, or other city utility or
safety communications components. Network Nodes shall not
be allowed on City's public safety radio infrastructure, utility
SCADA infrastructure, electronic automation system
infrastructure, and metering network infrastructure.
(3) Underground Requirement Areas.
(a) In accordance with Chapter 284, Section 284.107, a Network
Provider shall, in relation to installation for which the City
approved a permit application pursuant to this Section, comply
with applicable 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.
(b) If a location is designated by the City to be an Underground
Requirement Area, then a Network Provider's permit for the
location of the Micro Network Node, Network Node, Node
Support Pole,and related ground equipment at such location will
be revoked 90 days after the designation and the Network
Provider must remove all equipment located under the revoked
permit at such location in accordance with the City's Code of
Ordinances or as otherwise reasonably allowed by the City for
the transition of other overhead facilities.
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G. Penalty for Improperly Located Network Nodes, Node Support Poles and
related ground equipment.
(1) Failure to comply with the Guidelines for Placement contained in this
Ordinance shall be subject to all remedies available under law and
subject to application of the penalties outlined in the following
subsections.
(2) Improperly Located Network Nodes, Node Support Poles and related
ground equipment shall not impede pedestrian or vehicular traffic in the
public right-of-way, or otherwise be inconsistent with the requirements
of this Ordinance. If any Network Node facilities, Node Support Poles
or ground equipment is installed in a manner that is not in accordance
with the plans approved by the City or impedes pedestrian or vehicular
traffic or does not comply or otherwise with this Ordinance or renders
the public 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.
(3) 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
five hundred dollars ($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's right-of-way maintenance ordinance,
and other applicable ordnances concerning improperly located facilities
in the public right-of-way.
H. Guidelines on Placement—Specific Requirements
(1) Network Node facilities placement:
(a) Right-of-Way.Network Node facilities,Node Support Poles and
related ground equipment must be placed, as much as possible,
within two (2) feet of the outer edge of the public right-of-way
line to minimize any obstruction, impediment, or hindrance to
the usual travel or public safety on a public right-of-way.
(b) Height above ground. Network Node attachments to a pole must
be installed at least eight(8)feet above the ground in accordance
with Chapter 284, Section 284.108, and if a Network Node
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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)(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.
(d) Limit on number of Network Nodes per Pole. There shall be no
more than one Network Node on any one Pole, unless otherwise
approved in writing by the City Engineer.
(2) New Node Support Poles.
(a) New Node Support Poles Spacing. New node support poles
shall be a minimum of 300 feet from a utility pole or another
Node Support Pole to minimize the hazard of poles adjacent to
road ways and to minimize the effect on property values and
aesthetics on the area, unless otherwise approved in writing by
the City Engineer.
(b) 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:
(i) 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
(ii) 55 feet above ground level.
(3) Ground Equipment.
(a) Ground Equipment near street corners and intersections.Ground
equipment should be minimal and the least intrusive. In
accordance with Chapter 284, Section 284.102(1), to minimize
any obstruction, impediment, or hindrance to the usual travel or
public safety on a public right-of-way, and in order to maximize
the 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, unless otherwise
approved in writing by the City Engineer.
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(b) 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 public right-of-
way that is within a Park or within 250 feet of the boundary line
of a Park, unless otherwise approved in writing by the City
Engineer.
(4) Municipal Service Poles.
(a) Installations on a Service Pole must be in accordance with an
agreement as allowed by Chapter 284, Sec. 284.056 and Sec.
284.1O1(a)(3), and (b).
(b) Required industry standard pole load analysis. Installations on
all Service Poles shall have an industry standard pole load
analysis completed and submitted to the City 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, Section 284.108.
(c) Height of attachments.All attachments on all Service Poles shall
be at least eight(8)feet above grade, in accordance with Chapter
284, Sec. 284.1O8(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.
(d) Installations on Traffic Signal Pole. 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. 284.1O1(a)(3) and (b).
Installation of Network Node facilities on any traffic signal
structures must comply with the following:
(i) Be encased in a separate conduit than the traffic light
electronics;
(ii) Have a separate electric power connection than the traffic
signal structure; and
(iii)Have a separate access point than the traffic signal structure.
(iv)Not be mounted on or attached to a traffic signal cabinet.
College Station Wireless Facilities Ordinance No.2017-3916 Page 15 of 23
(e) 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 comply with the following:
(i) Be encased in a separate conduit than any City signage
electronics;
(ii) Have a separate electric power connection than the signage
structure;
(iii)Have a separate access point than the signage structure.
I. General Aesthetic Requirements
Wireless facilities must comply with the following aesthetic requirements:
(1) Concealment.
(a) Network Nodes and Node support poles located in Design
Districts with Decorative Poles and in Historic Districts pursuant
to Chapter 284, Section 284.105 must be concealed consistent
with the requirements of the district.
(b) All new node support poles must be camouflaged, except those
located in an area zoned or predominantly industrial area.
(c) All new node support poles must comply with the City's Pole
Attachment Specifications to the extent those specifications are
consistent with Chapter 284.
(2) New Node Support Pole Spacing. New node support poles shall be a
minimum of 300 feet from a utility pole or another Node Support Pole
to minimize the hazard of poles adjacent to road ways and to minimize
the effect on property values and aesthetics on the area,unless otherwise
approved in writing by the City Engineer.
(3) Allowed Colors. Colors in Historic Districts and Design Districts must
be in strict accordance with the City's right-of-way maintenance
ordinance, and other applicable ordinances, except to the extent not
consistent with Chapter 284.
J. Electrical Supply
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(1) A Network Provider must obtain 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.
(2) Network Provider shall not allow, install, permit, use, or facilitate the
presence or use of generators or back-up generators in the public right-
of-way in accordance with Chapter 284, Sec. 284.002(12)(B)(1).
K. Insurance,Indemnity,Bonding, and Security Deposits
(1) To the extent consistent with Chapter 284, a Network Provider must
provide insurance, bonds and security deposits in strict accordance with
the requirements of Chapter 3,any other applicable ordinances,and with
the requirements of any agreement applicable to the wireless facility. In
the event of a conflict, the requirement most protective of the City's
interests prevails.
(2) The indemnification provisions of Chapter 284, Sec. 284.302, as
provided for in Chapter 283, Sec. 283.057(a) and(b)of the Texas Local
Government Code apply to a network provider accessing a public right-
of-way under this chapter. "Municipality" shall mean the "City".
"Certificated telecommunications provider" shall be expanded to mean
and also include a"network provider". "Parties"shall mean the city and
the network provider.
L. Installation and Inspections
(1) A Network Provider shall, at its own cost and expense, install Micro
Network Node, Network Node facilities, Node Support Poles and
related ground equipment in a good and workmanlike manner in strict
accordance with the City's right-of-way maintenance ordinance, and
other applicable ordinances, policies, and agreements, except to the
extent not consistent with Chapter 284.
(2) The City Engineer or designee, may perform inspections of any Micro
Network Node, Network Node, Node Support Pole or related ground
equipment located in the public right-of-way allowed in accordance
with the City's right-of-way maintenance ordinance, and other
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applicable ordinances,policies, and agreements, except to the extent not
consistent with Chapter 284.
M. Relocation
Except as provided in state and federal law, a network provider, within ninety(90)
days following written notice from the City, shall relocate or adjust network nodes
in a public right-of-way without cost to the City in the management and
maintenance of the public right-of-way and shall comply with the relocation
requirements in the Code of Ordinances.
N. Emergency Removal,Removal,Replacement,Maintenance,and Repair
(1) A Network Provider must provide the City with seven (7) days'
advanced notice of any maintenance work conducted within the public
right-of-way and of any work to replace or upgrade a network node or
pole,to install,place,maintain,operate, or replace micro network nodes
that are strung on cables between existing poles or node support poles.
(2) A Network Provider must comply strictly with the requirements of the
right-of-way maintenance ordinance and other applicable ordinances,
when installing, replacing, maintaining, repairing, upgrading,
removing, relocating or operating Micro Network Nodes, Network
Node facilities, Node Support Poles and related ground equipment,
except to the extent not consistent with Chapter 284, Sec. 284.107, and
except as provided in existing state and federal law.
(3) The City retains the right and privilege to disconnect or move any
network node, node support pole, or associated ground equipment
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.
O. Abandonment
Licensee shall remove Micro Network Nodes, Network Nodes, Node Support Poles, and
related ground equipment when such facilities are Abandoned or are obsolete, regardless
of whether it receives notice from the City. Unless the City sends notice that removal must
be completed immediately to ensure public health, safety, and welfare, the removal must
be completed within the earlier of 90 days of it being Abandoned or within 90 days of
receipt of written notice from the City. A Micro Network Node, Network Node, Node
Support Pole and related ground equipment is presumed abandoned if such facilities are
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not operated for 120 consecutive calendar days. When Licensee removes or abandons
permanent structures in the Public Right-of-Way, the Licensee shall notify the City
Engineer in writing of such removal or abandonment and shall file with the City Engineer
the location and description of the Micro Network Nodes, Network Nodes, Node Support
Poles, and related ground equipment removed or abandoned. The City Engineer may
require the Licensee to complete additional remedial measures necessary for public safety,
health, and welfare, and the integrity of the Public Right-of-Way.
P. General Provisions
(1) A Network Provider's as-built maps and records shall be in strict
accordance with the City's right-of-way maintenance ordinance, and
other applicable ordinances, except to the extent not consistent with
Chapter 284.
(2) Ownership of Network Node and related equipment shall be in strict
accordance with Chapter 284, the City's right-of-way maintenance
ordinance, and other applicable ordinances, except to the extent not
consistent with Chapter 284.
(3) Tree maintenance shall be in strict accordance with the City's right-of-
way maintenance ordinance, and other applicable ordinances, except to
the extent not consistent with Chapter 284.
(4) Signage shall be in strict accordance with the City's right-of-way
maintenance ordinance, and other applicable ordinances, except to the
extent not consistent with Chapter 284.
(5) Graffiti abatement shall be in strict accordance with the City's right-of-
way
ight-ofway maintenance ordinance, and other applicable ordinances, except to
the extent not consistent with Chapter 284.
(6) Network Provider shall restore and repair the public right-of-way from
any damage to the public right-of-way, or any facilities located within
the public right-of-way, and the property of any third party resulting
from Network Provider's activities in or near the right-of-way (or any
other of Network Provider's activities hereunder) in strict accordance
with the City's right-of-way maintenance ordinance, and other
applicable ordinances, except to the extent not consistent with Chapter
284.
(7) 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
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Pole and related ground equipment, as if such acts or omissions were
Network Provider's acts or omissions in strict accordance with the
City's right-of-way maintenance ordinance, and other applicable
ordinances, except to the extent not consistent with Chapter 284.
Q. Definitions.
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 Network
Provider (or other responsible party) in an unused or non-functioning condition for more
than 120 consecutive calendar days unless, after notice from the City to Network Provider,
Network 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 as adopted by the City and adopted by a recognized national code organization; and
(b) any local amendments to those codes to the extent not inconsistent with Chapter 284.
Chapter 284 means Chapter 284 of Subtitle A. Title 9 of the Texas Local Government
Code.
City Engineer means the city engineer or their designee.
Collocate and collocation mean the installation, mounting, maintenance, modification,
operation, or replacement of network nodes in a public right-of-way on or adjacent to a
pole.
Concealment or Camouflaged means any Wireless Facility or Pole that is covered,blended,
painted, disguised, camouflaged or otherwise concealed such that the Wireless Facility
blends into the surrounding environment and is visually unobtrusive as allowed as a
condition for City advance approval under Chapter 284, Sec.284.105 in Historic or Design
Districts. A Concealed or Camouflaged Wireless Facility or Pole also includes any
Wireless Facility or Pole conforming to the surrounding area in which the Wireless Facility
or Pole is located and may include, but is not limited to hidden beneath a façade, blended
with surrounding area design, painted to match the supporting area, or disguised with
artificial tree branches or other City-approved materials.
Decorative pole means a streetlight pole specially designed and placed for aesthetic
purposes and on which no appurtenances or attachments, other than specially designed
informational or directional signage or temporary holiday or special event attachments,
have been placed or are permitted to be placed according to nondiscriminatory municipal
codes.
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Design District means an area that is zoned, or otherwise designated by municipal code,
and for which the city maintains and enforces unique design and aesthetic standards on a
uniform and nondiscriminatory basis.
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. 'Basement" shall include a private easement used for the provision of utilities.
Highway right-of-way means right-of-way adjacent to a state or federal highway.
Historic district means an area that is zoned or otherwise designated as a historic district
under municipal, state, or federal law.
Law means common law or a federal, state, or local law, statute, code, rule, regulation,
order, or ordinance.
Local means within the corporate boundaries of the City of College Station, Texas.
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.
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 the City as a public
park for the purpose of recreational activity.
Municipally owned utility pole means a utility pole owned or operated by a municipally
owned utility, as defined by Section 11.003 of the Texas Utilities Code, and located in a
public right-of-way.
Network node means equipment at a fixed location that enables wireless communications
between user equipment and a communications network. The term includes:
(a) equipment associated with wireless communications; (b) a radio transceiver, an
antenna, a battery-only backup power supply, and comparable equipment, regardless of
technological configuration; (c) coaxial or fiber-optic cable that is immediately adjacent to
and directly associated with a particular collocation; and (d) a distributed antenna system
or DAS. The term does not include: (a) an electric generator; (b) a pole; or (c) a macro
tower. Small cell shall be included as a type of"Network Node."
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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: (1) network nodes; or (2) node support poles or any other
structure that supports or is capable of supporting a network node. Provider has the same
meaning as"Network Provider."
Node support pole means a pole installed by a network provider for the primary purpose
of supporting a network node.
Pole means a service pole, municipally owned utility pole, node support pole, or utility
pole.
Right-of-way has the same meaning as is set forth in the right-of-way maintenance
ordinance.
Right-of-way maintenance ordinance means Section 3-2 of the Code of Ordinances, City
of College Station,Texas, as amended and recodified, and any other ordinances regulating
access, use, or maintenance of the right-of-way, as amended and recodified.
Service pole means a pole, other than a municipally owned utility pole, owned or operated
by the City 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.
Street, as used in this Section, includes only the paved portion and sub-grade of the public
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 public right-of-way, while a public 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.
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,
plats, private deed restrictions, and other public or private restrictions, that prohibit
installing aboveground structures in a public right-of-way.
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User means a person or organization which conducts a business over facilities occupying
the whole or a part of a public street or public 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 of the Texas Utilities Code.
Wireless facilities mean "Micro Network Nodes," "Network Nodes," and "Node Support
Poles"as defined in Chapter 284 of the Texas Local Government 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.
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