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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 College Station Wireless Facilities Ordinance No.2017-3916 Page 2 of 23 • 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. APP'1 Dili/ Afe . •or ATTE . ' Ck ki."46— c4/ City ecretet • PPROVED: ' j• dirty Attorney 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 College Station Wireless Facilities Ordinance No.2017-3916 Page 4 of 23 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: College Station Wireless Facilities Ordinance No.2017-3916 Page 5 of 23 (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. College Station Wireless Facilities Ordinance No.2017-3916 Page 6 of 23 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. College Station Wireless Facilities Ordinance No.2017-3916 Page 7 of 23 (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 College Station Wireless Facilities Ordinance No.2017-3916 Page 8 of 23 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. College Station Wireless Facilities Ordinance No.2017-3916 Page 9 of 23 (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. College Station Wireless Facilities Ordinance No.2017-3916 Page 10 of 23 284.101(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. College Station Wireless Facilities Ordinance No.2017-3916 Page 11 of 23 (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. College Station Wireless Facilities Ordinance No.2017-3916 Page 12 of 23 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 College Station Wireless Facilities Ordinance No.2017-3916 Page 13 of 23 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. College Station Wireless Facilities Ordinance No.2017-3916 Page 14 of 23 (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 College Station Wireless Facilities Ordinance No.2017-3916 Page 16 of 23 (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 College Station Wireless Facilities Ordinance No.2017-3916 Page 17 of 23 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 College Station Wireless Facilities Ordinance No.2017-3916 Page 18 of 23 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 College Station Wireless Facilities Ordinance No.2017-3916 Page 19 of 23 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. College Station Wireless Facilities Ordinance No.2017-3916 Page 20 of 23 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." College Station Wireless Facilities Ordinance No.2017-3916 Page 21 of 23 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. College Station Wireless Facilities Ordinance No.2017-3916 Page 22 of 23 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. College Station Wireless Facilities Ordinance No.2017-3916 Page 23 of23