Ordinance No. 13,558ORDINANCE NO. 13,558
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, AMENDING CHAPTER 2 "ADMINISTRATION," ARTICLE V
"FINANCE," DIVISION 1 "GENERALLY," SECTION 2-595 "FEES FOR
VARIOUS CITY SERVICES" SUBSECTION (6) "ENGINEERING
SERVICES" AND CHAPTER 21 "CABLE AND TELECOMMUNICATION
REGULATIONS" OF THE CODE OF ORDINANCES, BAYTOWN, TEXAS,
TO CHANGE THE NAME OF SUCH CHAPTER TO CHAPTER 21 "CABLE,
TELECOMMUNICATIONS, AND RIGHT-OF-WAY REGULATIONS" AND
TO ADD A NEW ARTICLE TO BE NUMBERED AND ENTITLED ARTICLE
III "USE OF PUBLIC RIGHT-OF-WAY" TO ESTABLISH REGULATIONS
REGARDING THE USE OF THE CITY'S RIGHTS-OF-WAY AND TO
ADOPT A DESIGN MANUAL FOR SITING AND CRITERIA FOR THE
INSTALLATION OF WIRELESS MICRO NETWORK NOTES, NETWORK
NODES, NODE SUPPORT POLES AND RELATED GROUND EQUIPMENT
IN THE CITY'S RIGHTS-OF-WAY; PRESCRIBING A MAXIMUM
PENALTY OF FIVE HUNDRED AND N0/100 DOLLARS ($500.00);
PROVIDING A REPEALING CLAUSE; CONTAINING A SAVINGS
CLAUSE; AND PROVIDING FOR THE PUBLICATION AND EFFECTIVE
DATE THEREOF.
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BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS:
Section 1: That Chapter 2 "Administration," Article V "Finance," Division 1
"Generally," Section 2-595 "Fees for various city services," Subsection (6) "Engineering services"
of the Code of Ordinances , Baytown, Texas, is hereby amended to add right-of-way fees, which
subsection shall read as follows:
CHAPTER 2. ADMINISTRATION
ARTICLE V. FINANCE
DIVISION 1. GENERALLY
Sec. 2-595. Fees for various city services.
The fees set out below are adopted for the city services outlined herein:
(6) Engineering services.
Activity
Fee
GIS
GIS development as -built verification for subdivision
$75.00 per lot
plats that are not submitted in a geographic(al)
information systems format
GIS development as -built verification for subdivision
$50.00 per lot
plats which are submitted in a geographic(al)
information systems format
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ROW Fees
Right-of-way permit fee for any work performed in
$76.50 each
city -owned rights-of-way. *
Application fee for network providers:
Up to five network nodes
$100
Each additional network node
$50
Resubmission of denied application
Actual Cost
Public Right-of-way rates for network providers:
Public right-of-way rate
Annual rate of $250 multiplied
by number of network
provider's network nodes in
public rights-of-way
Annual adjustment to public -right -of-
One-half the annual change to
way rate
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 months
Network provider's installation of its
In addition to public right -of -
own transport facilities
way rate, the sum of $28
multiplied by number of
network provider's network
nodes in public rights-of-way
until time payment exceeds
monthly aggregate per node
compensation
Collocation on service poles by network provider
$20 per year per service Dole
I fie xu W permit tee does not apply to the city's existing utility franchisees
or to entities exempt by law from payment of a right-of-way work permit
fee (including their contractors).
Section 2. That Chapter 21 "Cable and Telecommunication Regulations" of the Code
of Ordinances, Baytown, Texas, is hereby amended to rename such chapter as Chapter 21
"Cable, Telecommunications, and Right-of-way Regulations."
Section 3: That Chapter 21 "Cable, Telecommunications, and Right-of-way
Regulations," is hereby amended by adding a new article to be numbered and entitled Article III
"Use of Public Rights-of-way," which article shall read as follows:
CHAPTER 21. CABLE, TELECOMMUNICATIONS,
AND RIGHT-OF-WAY REGULATIONS
ARTICLE III. USE OF PUBLIC RIGHT-OF-WAY
DIVISION 1. IN GENERAL
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Sec. 21-151. Definitions.
The following words, terms and phrases, when used in this article, shall have the meanings
ascribed to them in this section, except where the context clearly indicates a different meaning:
Abandon and its derivatives mean the facilities have been left in an unused or non-
functioning condition for more than 90 consecutive days.
Antenna means communications equipment that transmits or receives
electromagnetic radio frequency signals used in the provision of wireless services.
Applicable codes mean the most current building, electrical, mechanical, plumbing
and fire codes codified in Chapter 7 of the City's Development Code and amended therein.
Cable service is defined in 47 U.S.C. §522(6).
Cable service provider means a person who provides cable service and has been issued
a state -issued certificate of franchise authority from the Public Utility Commission of Texas
or its successor under V.T.C.A., Utilities Code ch. 66.
Certificated Telecommunications Provider has the meaning as set forth in V.T.C.A.,
Local Government Code §283.002(2), for which the PUC has issued a certificate of operating
authority or service provider certificate of operating authority to provide local exchange
telephone service or voice service.
City -owned utility pole means a utility pole owned or operated by a city -owned utility, as
defined in V.T.C.A. Utilities Code § 11.003, and located in a public right-of-way.
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.
Decorative pole means a streetlight pole specially designed and placed for aesthetic
purposes and on which no appurtenances or attachments, other than temporary holiday or
special event attachments, have been placed or are permitted to be placed pursuant to this article.
Design district means and includes that property which is the Arts, Cultural and
Entertainment (ACE) zoning district.
Design manual means the design manual for siting and criteria for the installation of
wireless micro network nodes, network nodes, node support poles and related ground
equipment pursuant to V.T.C.A., Local Government Code ch. 284.
Director means the director of engineering.
Electric cooperative has the meaning assigned by V.T.C.A., Utilities Code § 11.003.
Electric utility has the meaning assigned by V.T.C.A., Utilities Code §31.002.
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Facilities means a pole, conduit, pipeline, line, wire, equipment, antenna, structure, or
facility of any kind whatsoever, and includes Utility Poles, Transport Facilities, Micro Network
Nodes, Network Nodes, Node Support Poles, and related ground equipment.
Historic district means an area that is zoned or otherwise designated as a historic
district under city ordinance or state or federal law.
Law means common law or a federal, state, or local law, statute, code, rule,
regulation, order, or ordinance.
Macro tower means a guyed or self -supported pole or monopole that supports or is
capable of supporting antennas and greater than the height parameters prescribed by V.T.C.A.,
Local Government Code §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.
Network node means equipment at a fixed location that enables wireless
communications between user equipment and a communications network. The term includes:
(1) equipment associated with wireless communications;
(2) a radio transceiver, an antenna, a battery -only backup power supply, and
comparable equipment, regardless of technological configuration; and
(3) coaxial or fiber-optic cable that is immediately adjacent to and directly
associated with a particular collocation.
The term does not include an electric generator, a pole or a macro tower.
Networkprovider means:
(1) a wireless service provider; or
(2) 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:
(a) network notes or
(b) node support poles or any other structure that supports or is capable of
supporting a network node.
Node support pole means a pole installed by a network provider for the primary
purpose of supporting a network node.
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Park means an area that is designated by the City as a public park for the purpose of
recreational activity.
Permit means a written authorization for the use of the public right-of-way or
collocation on a service pole (as to network providers) before a user of the public right-of-way
may perform an action or initiate, continue or complete a project in the right-of-way. A
"permit" includes all permits required by this article and applicable codes adopted by the city.
Pole means a service pole, city owned utility pole, node support pole, or utility pole.
Private easement means an easement or other real property right that is only for the
benefit of the grantor and grantee and their successors and assigns.
Public right-of-way or right-of-way means the area on, below, or above a public
roadway, street, highway, alley, sidewalk, waterway, or utility easement in which the city has
an interest. The term does not include a private easement or the airwaves above a public right-
of-way with regard to wireless telecommunications.
Public property means public rights-of-way, bridges, tunnels, and similar property in
which the city holds any property interest or exercises any rights of management or control.
Public right-of-way rate means the annual rental charge paid by a network provider to
the city related to the construction, maintenance, or operation of network nodes within the
public right-of-way, as provided in section 2-595 (6) of this code.
Public Utility Commission or PUC means the state public utility commission.
Service pole means a pole owned or operated by the city and located in the public right-
of-way, including:
(1) a pole that supports traffic control functions;
(2) a structure for signage;
(3) a pole that supports lighting, other than a decorative pole; and
(4) a pole or similar structure owned or operated by the city and supporting only
network nodes.
Sidewalk means that portion of a public right-of-way improved and designated for a n d
ordinarily used for pedestrian travel or pedestrian and bicycle travel.
Street means that portion of a public right-of-way improved and designated for or
ordinarily used for vehicular traffic.
Substantially similar means that:
(1) the new or upgraded network node, including the antenna or other equipment
element, will not be more than 10% larger than the existing network node,
provided that the increase may not result in the network node exceeding the size
limitation provided in the design manual adopted and thereafter amended pursuant
to section 21-160; and
(2) the new or upgraded pole will not be more than 10% higher than the existing pole,
provided that the provided that the increase may not result in the pole exceeding
the height limitations provided in the design manual adopted and thereafter
amended pursuant to section 21-160.
The determination of whether a replacement or upgrade is substantially similar under (1) and
(2) is made by measuring from the dimensions of the network node or node support pole, as
provided in the design manual.
Telecommunications provider has the meaning assigned by V.T.C.A., Utilities Code
§51.002.
Telephone cooperative has the meaning assigned by V.T.C.A., Utilities Code 162.003.
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.
Utility pole means a pole that provides:
(1) electric distribution with a voltage rating of not more than 34.5 kilovolts; or
(2) services of a telecommunications provider, as defined by V.T.C.A., Utilities Code
§51.002.
Video service has the meaning as set forth in V.T.C.A., Utilities Code §66.002(10).
Video service provider has the meaning as set forth in V.T.C.A., Utilities Code
§66.002(11), for which the PUC has issued a state -issued certificate of franchise authority to
provide video service.
Voice service has the meaning as set forth in V.T.C.A., Utilities Code §283.002.
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.
Sec. 21-152. Decorative poles.
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No appurtenances or attachments, other than temporary holiday or special event
attachments, are permitted to be placed on decorative poles.
Sec. 21-153. Insurance and indemnity requirements.
(a) Insurance. Any person required under this article to obtain the city's consent to make
use of the public right-of-way or any person required by this chapter to obtain a
permit to perform construction in the public right-of-way must, during the period of
the use or work, obtain and keep in effect insurance against claims for injuries to
persons or damages to property arising from or in connection with the performance of
the work, comprehensive general liability and property damage insurance with
minimum limits of $500,000.00 for the injury or the death of any one person,
$1,000,000.00 for each occurrence, and $100,000.00 for each occurrence of damage to
or destruction of property.
(b) Indemnity.
(1) Certificated telecommunications providers. The indemnity provisions of
V.T.C.A., Local Government Code §283.057(a) and (b), apply to certificated
telecommunications providers using or accessing public rights-of-way; provided
that the following definitions will be applicable to such section:
(a) Municipality shall mean the city; and
(b) Parties shall mean the city and the certificate telecommunications
provider.
(2) Cable service providers and video service providers. The indemnity provisions of
V.T.C.A., Utilities Code §66.012(a) and (b) apply to cable service providers and
video service providers using or accessing public rights-of-way, provided that the
following definitions will be applicable to such section:
(a) Municipality shall mean the city;
(b) Holder ofstate-issued certificate offranchise authority shall mean a cable
service provider or a video service provider; and
(c) Parties shall mean and refer to the city and cable service provider or cable
video service provider, as applicable.
(3) Network providers. Pursuant to V.T.C.A., Local Government Code §284.302, the
indemnification provisions of V.T.C.A., Local Government Code §283.057(a) and
(b) apply to network providers using or accessing public rights-of-way, provided
that the following definitions will be applicable to such section:
(a) Municipality shall mean the city;
(b) Certificated telecommunications provider shall mean a network provider.
(c) Parties shall mean the city and the network provider.
(4) Electric and gas franchises. The indemnity provisions of the franchise ordinance
applicable to each utility shall apply.
(5) Other water, wastewater, electrical, natural gas, or other services not
authorized by city ordinance. The contract shall contain the following
indemnify language:
The user of the public right-of-way must indemnify and hold the city and its
officers and employees harmless against any and all claims, lawsuits,
judgments, costs, liens, losses, expenses, fees (including reasonable attorney's
fees and costs of defense), proceedings, actions, demands, causes of action,
liability, and suits of any kind and nature, including personal or bodily injury
(including death), property damage, or other harm for which recovery of
damages is sought that is found by a court of competent jurisdiction to be caused
solely by the negligent act, error, or omission of the user of the public right-
of-way, any agent, officer, director, representative, employee, affiliate, or
subcontractor of the user of the public right-of-way, or its respective officers,
agents, employees, directors, or representatives, while installing, repairing, or
maintaining facilities in a public right-of-way. The indemnity provided by this
subsection does not apply to any liability resulting from the negligence of the
city, its officers, employees, contractors, or subcontractors. If a user of the public
right-of-way and the city are found jointly liable by a court of competent
jurisdiction, liability shall be apportioned comparatively in accordance with the
laws of this state without, however, waiving any governmental immunity
available to the city under state law and without waiving any defenses of the
city and user of the public right-of-way under state law. This section is solely
for the benefit of the city and the user of the public right-of-way and does not
create or grant any rights, contractual or otherwise, to any other person or entity.
Sec. 21-154. Relocation and removal of facilities.
(a) Within 60 days following written notice from the city, any person owning facilities
located on, below, or above the public right-of-way, must, as directed by the city, and
at the person's sole cost, temporarily or permanently remove, relocate, change or
alter the position of any of their facilities that are in the public right-of-way
whenever the city determines that the removal, relocation, change or alteration is
necessary for the construction, repair, maintenance, installation, completion,
relocations, or widening of any city improvement, facilities, or equipment, on, below or
above the public right-of-way. Relocation of a micro network node, network node, node
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support pole, and related ground equipment must comply with the provisions of this
article regarding spacing and other limitations.
(b) If a person does not remove or relocate its facilities as required by (a) of this
section, the city may remove the facilities at the person's sole cost and expense,
without further notice to the person and within 30 days following receipt of an
invoice from the city, the person shall reimburse the city for its reasonable expenses
incurred in the removal or relocation of the facilities.
(c) If the director determines that there is imminent danger to the public health, safety
and welfare, the director may immediately disconnect, remove or relocate a person's
facilities on, below or above the public right-of-way at the person's sole cost. The person
shall reimburse the city for its reasonable expenses incurred in the removal or
relocation of the facilities within 30 days following receipt of an invoice from the city.
(d) If a person owning a facility in the public right-of-way removes or relocates the
facility at its discretion, the person shall notify the city in writing not less than ten
business days prior to the removal or relocation. A relocation must comply with the
provisions of this article. The person shall obtain all permits required for the removal
or relocation of the person's facilities prior to the removal or relocation.
(e) If a person does not remove or relocate its facilities as required by (a) and (b) of this
article, the city may remove the facilities at the person's sole cost and expense, without
further notice to the person and within 30 days following issuance of an invoice from
the city, the person shall reimburse the city for its reasonable expenses incurred in the
removal or relocation of the facilities.
Sec. 21-155. Violations.
(a) It is unlawful for any person to knowingly construct, place, maintain, or operate any
line, wire, pipe, conduit, equipment, antenna, pole, structure, or facility in a public
right-of-way or other public property for the purpose of providing water, wastewater,
electrical, natural gas, or other unauthorized service to any person, without first
receiving the consent of the city council. The city council may, as a condition of its
giving its consent, require the person requesting such use to enter into a written
agreement with the city containing the conditions under which the use of the public
right-of-way will be permitted.
(b) Except in cases of emergency, it is unlawful for any person to knowingly dig up, break,
cut, excavate, drill or tunnel in or on any public right-of-way without first obtaining a
right-of-way work permit from the city.
(c) It is unlawful for any person to knowingly install or place any facilities in a public
right-of-way or make use of the public right-of-way for any purpose not authorized
by state law or the city, as applicable, in accordance with city ordinances.
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(d) It is unlawful for any person doing work under a permit to violate a provision of the
permit.
(e) It is unlawful for any person to continue work under a permit after receiving a stop work
order or receiving notice that a stop work order has been issued or to resume the work
or activity until the director withdraws the stop work order.
(f) Each unauthorized use of the public right-of-way or other public property is a separate
offense. And each day a violation continues is a separate offense.
(g) Persons committing unlawful acts or otherwise violating this article shall be punished,
upon conviction, as provided in section 1-14.
Sec. 21-156. Effect on other utilities and providers.
(a) Gas and electric franchises. To the extent of a conflict between this article and a gas
or electric franchise existing on the date of this ordinance, the gas or electric franchise
ordinance shall control.
(b) Other utilities and telecommunications providers. Per V.T.C.A., Local Government
Code §284.252, the provisions of V.T.C.A., Local Government Code ch. 284 do not apply
to the attachment of network nodes on poles or other structures owned by investor- owned
electric utilities, electric cooperatives, telephone cooperatives, or telecommunications
providers, and does not confer any new city authority over those utilities, cooperatives or
providers.
(c) Cable service or video service providers. Per V.T.C.A., Local Government Code
§ 284.253, approval for the installation, placement, maintenance or operation of a
network node or transport facility does not authorize:
(1) Cable services or video service to be provided without compliance with
Chapter 66, Tex. Util. Code; or
(2) Information service as defined by 47 U.S.C. §153(24) to be provided in
the public right-of-way; or
(3) Telecommunications service as defined by 47 U.S.C. §153(53) to be provided
in the public right-of-way.
(d) Wireless service providers. A wireless service provider, or its affiliate, that holds a
cable or video franchise under V.T.C.A., Utilities Code ch. 66, is not required to obtain
additional authorization or to pay any fees based on the provider's provision of
wireless service over its network nodes.
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DIVISION 2. WIRELESS MICRO NETWORK NODES, NETWORK NODES,
NODE SUPPORT POLES AND RELATED GROUND EQUIPMENT IN PUBLIC
RIGHTS-OF-WAY
Sec. 21-158. Right of Access.
Subject to the provisions of Chapter 284, Tex. Local Gov't Code, this article, the design
manual, and other applicable ordinances, a network provider may use the public rights-of-way
without the need for a special use permit, other zoning review, or further land use approval to:
(1) construct, modify, maintain, operate, relocate and remove a network node or node
support pole;
(2) modify or replace a utility pole or node support pole; and
(3) collocate on a pole.
Sec. 21-159. Prohibited or restricted areas.
(a) Prohibited areas.
(1) A network provider may not install a node support pole in a public right-of-way
that is adjacent to a street or thoroughfare that is:
(A) not more than 50 feet wide; and
(B) adjacent to a single-family residential lot or other multifamily residences
or undeveloped land that is designated for residential use by zoning or
deed restrictions.
(2) A network provider may not install a node support pole in a public right-of-way
in a park.
(b) Historic districts. A network provider must obtain advance written approval from the
city manager before collocating network nodes or installing node support poles in
historic districts. As a condition for approval, the network providers must provide
design or concealment measures for the new network node or node support pole, as
provided in the design manual. The network provider should explore the feasibility of
using camouflage measures to improve the aesthetics of the network node, node
support pole, or related ground equipment or any portion of the network node, node
support pole or ground equipment to minimize the impact to the aesthetics in the
historic district. Nothing in this subsection limits the city's authority to enforce historic
preservation zoning regulations consistent with the preservation of local zoning
authority under 47 U.S.C. Section 332(c)(7), the requirements for facility modifications
under 47 U.S.C. Section 1455(a), or the National Historic Preservation Act of 1966
(16. U.S.C. Section 470 et seq) and the regulations adopted to implement these laws.
(c) Design districts. A network provider must obtain advance written approval from the City
Manager before collocating new network nodes or installing new node support poles in a
design district. As a condition for approval of new network nodes or new node support
poles in a design district, the City requires reasonable design or concealment measures
for the new network nodes or new node support poles. Therefore, any request for
installations in a design district, must be accompanied with concealment measures in the
permit applications. the city requests that a network provider explore the feasibility of
using certain 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 on decorative poles in a design
district.
(d) Undergrounding areas. A network provider, in relation to installation for which the city
has approved a permit application, must comply with undergrounding requirements, including
the city's ordinances, zoning regulations, state law, private deed restrictions, and other
public or private restrictions that prohibit installing above -ground structures in a public right-
of-way without first obtaining zoning or land use approval. Areas of the city may be
designated from time to time by the city as underground areas in accordance with filed
plats, or conversions of overhead to underground areas, as may be allowed by law. This
subsection does not prohibit a network provider from replacing an existing structure.
Sec. 21-160. Design Manual.
(a) Adoption of design manual. The city council adopts the Design Manual for Siting and
Criteria for the Installation of Wireless Micro Network Nodes, Network Nodes, Node
Support Poles and Related Ground Equipment pursuant to V.T.C.A., Local Government
Code ch. 284. A copy of the design manual is available in the City Clerk's office.
(b) Revisions to design manual. The director may from time -to -time add to, delete from,
or revise the design manual without Council action if the revision:
(1) does not conflict with a provision of state law or this article;
(2) is for the purpose of providing detailed or technical specifications,
requirements, or procedures applicable to the matters regulated under this
article, but does not implement new substantive regulations or requirements not
addressed in this article;
(3) is adopted in compliance with written procedures, as approved by the city
manager, that provide for public notice, an opportunity for public comment,
and consideration of any public comments prior to adoption; and
(4) is approved by the city manager.
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(c) Compliance with design manual. A network provider must comply with any applicable
provisions of the design manual as a condition of approval of any application, permit,
or other approval required under this article or the design manual.
Sec. 21-161. Transport facilities.
A network provider that wants to connect a network node to the network using the
public right-of-way may:
(1) install its own transport facilities if it obtains a permit under this article and
pays the public right-of-way rates in section 2-595(6); or
(2) obtain transport service from a person that is paying municipal fees to occupy
the public right-of-way that are the equivalent of not less than $28 per node per
month.
Sec. 21-162. Fees.
(a) Fees. The network provider must pay the fees and rates established in section 2-595 of
this code.
(b) Notice of annual increase in public right-of-way rate. The city will provide written
notice to the network provider of a new annual public right-of-way rate, adjusted as
provided by section 2-595(6) of this code, which shall apply to the first payment due to
the city on or after 60 days following the notice.
Sec. 21-163. Permits.
(a) Permits required by applicable codes. In addition to the right-of-way work permit in
division 3, the network provider must obtain all other permits required by applicable
codes and pay the fees established in section 2-595 of this code.
(b) Consolidated permits. The network provider may file a consolidated application for the
installation or collocation of not more than 30 network nodes and receive a single
permit for a permit required by this article or an applicable code. As examples, a
network provider may receive one right-of-way work permit for the installation or
collocation of not more than 30 network nodes and, if an electrical permit is required,
also, a network provider may receive one electrical permit for the installation or
collocation of not more than 30 network nodes.
(c) Issuance of permits. The permit(s) will be issued if the application complies with the
provisions of V.T.C.A., Local Government Code ch. 284, this article, applicable codes,
and the design manual.
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Sec. 21-164. Review process for applications.
The review process for a permit application for installation of transport facilities, micro
network node, network node, node support pole, and related ground equipment shall conform
to the following, as required by V.T.C.A., Local Government Code §284.154:
(1) The city will (i) determine whether an application for a network node or node
support pole is complete, (ii) specifically identify the missing information, and
(iii) notify the applicant of that determination within 30 days after receiving the
application.
(2) The city will (i) determine whether an application for a transport facility is
complete within 10 days after receiving the application, (ii) specifically identify
the missing information, and (iii) notify the applicant of that determination within
10 days after receiving the application.
(3) An application for a permit is deemed approved if the city does not approve or
deny the application for:
(A) a node support pole within 150 days after the date the city receives a
complete application.
(B) a network node within 60 days after the date the city receives a
complete application.
(C) a transport facility within 21 days after the date the city receives a
completed application.
(4) An application may not be denied unless the work to be performed under the
permit does not comply with applicable codes.
(5) If an application is denied, the city will document the basis for the denial,
including the specific applicable code provisions or other rules, regulations or
other law on which the denial is based. Documentation of the denial will be sent to
the applicant by electronic mail on or before the date the city denies the
application.
(6) Within 30 days after the date the city denies the application, the applicant may cure
the deficiencies identified in the denial documentation and resubmit the application
without paying an additional application fee, other than a fee for actual costs
incurred by the city.
(7) The city will approve or deny a revised completed application after a denial
within 90 days after the date the city receives the completed revised application.
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The city's review will be limited to the deficiencies cited in the denial
documentation.
Sec. 21-165. Construction requirements.
In addition to the requirements in this division 2, a network provider must comply with the
provisions of division 3 of this article.
DIVISION 3. - CONSTRUCTION IN RIGHT-OF-WAY
Sec. 21-167. Right-of-way work permit required and exceptions.
(a) Required. Except in cases of emergency, a right-of-way work permit must be obtained
from the city before performing any work in the public right-of-way that requires
digging up, breaking up, cutting, excavating, drilling, or tunneling in or upon any
public right-of-way. If emergency work in the public right-of-way that would require a
permit is necessary and the city permit office is closed, the person doing the work
must apply for a right-of-way permit the next business day after the emergency work.
(b) Exceptions to permit requirement. The permit requirements of this section do not apply
to:
(1) The repair, replacement, or maintenance of an existing telephone line,
natural gas line, electric line, cable television or telecommunications line,
irrigation line, or other existing pipe, cable, or facility lawfully located in the
public right-of-way, if the repair, replacement, or maintenance does not
require the digging up, breaking up, cutting, excavation, drilling or tunneling
under or the removal, modification, or excavation of a public street, sidewalk,
water or sewer line, or other city -owned improvement. This subsection does
not apply to routine maintenance of network providers;
(2) A network provider's routine maintenance of micro network nodes, network
nodes, node support poles and related ground equipment that does not require
excavation or closing of sidewalk or vehicular lanes in a public right-of-way;
(3) Replacing or upgrading a network node or pole with a node or pole that is
substantially similar in size or smaller and that does not require excavation or
closing of sidewalks or vehicular lanes in a public right-of-way, but only if:
(A) The replacement or upgrade does not include replacement of an
existing node support pole; and
(B) The replacement or upgrade does not defeat existing concealment
elements of a node support pole;
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(4) The installation, placement, maintenance, operation, or replacement of micro
network nodes that are strung on cables between existing poles or node support
poles, in compliance with the National Electric Safety Code;
(5) The repair, replacement, or maintenance of existing trees, shrubs, flowers, grass,
vegetation, berms, decorative landscaping, or watering systems that are lawfully
located in the public -right -way, if the repair, replacement, or maintenance does not
require the digging up, breaking up, cutting, excavation, drilling or tunneling
under, or the removal, modification, or excavation, of a public street, sidewalk,
water or sewer line, or other city- owned improvement;
(6) The repair, replacement, or maintenance of signs, or other ornamental
features or materials denoting the entrance to a neighborhood or subdivision
that are lawfully located in a public right-of-way, if the repair, replacement, or
maintenance does not require the digging up, breaking up, cutting, excavation,
drilling or tunneling under, or the removal, modification, or excavation
of, a public street, sidewalk, water or sewer line, or other city -owned
improvement;
(7) Any work performed for the city under a contract with the city;
(8) Any work required to install a sign on a public right-of-way if the applicant has
received a sign permit from the city and has complied with the requirements of
this article; or
(9) The placement or maintenance of trees, shrubs, irrigation systems, or other
landscaping materials or equipment placed in the right-of-way of a residential
lot at the direction of the owner or person in control of the lot.
Sec. 21-168. Application and issuance of permits.
(a) A completed application for a permit must be submitted to the city on a city form,
accompanied by the applicable fee.
(b) In addition to other requirements in this article, the application for transport facilities,
micro network node, network node, node support pole, and related ground equipment
must include:
(1) Construction and engineering drawings and information to confirm that the
network provider will comply with the design manual and applicable codes;
(2) A certification that the proposed network node will be placed into active
commercial service by or for the network provider not later than 60 days after
the date the construction and final testing of the network is completed;
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(3) A certification that the network node complies with applicable regulations of the
Federal Communications Commission;
(4) Information related to the network providers' use of the public right-of-way to
ensure compliance with V.T.C.A., Local Government Code, ch. 284, applicable
codes, this article, and the design manual; and
(5) Concealment measures for collocations of network nodes or installations of node
support poles in a historic district or on a decorative pole with the city
manager's advance written approval for such collocation or installation.
(c) Applications must include construction and engineering drawings and information that
the director determines is reasonably necessary to administer this article and to protect the
public and public property, to the extent not inconsistent with law;
(d) The permit must contain the name, address, and telephone number of the person
performing the work, the location of the work, and any other information designated
by the director. The permit, other than permits for network nodes, node support
poles, and related equipment, may also contain special conditions the director
determines are necessary to insure compliance with this article, applicable codes, or to
protect the public and public property.
(e) The permit holder must keep the permit posted at a visible place at the work site and
make it available for inspection upon the request of any city employee.
(f) A permit issued under this article is valid for the time period specified by the director,
based on the estimated time to complete the work. Upon the written request of the
permit holder, the director may grant additional time to complete the work under the
permit.
(g) A network provider must begin the installation for which a permit is issued within six
months after the date of issuance of the permit and diligently pursue the installation
to completion. The city may grant a longer time to complete the installation or grant
reasonable extensions of time as requested by the network provider.
Sec. 21-169. Stop work orders; revocation and appeals.
(a) If a person violates a provision of this article, the director may issue a written stop work
order to the violator directing any work or activity authorized to be done under a permit
to cease until the violation is corrected. Upon receiving a stop work order, the permit
holder must immediately cause all work authorized under the permit to stop, but may
take steps necessary to secure the site.
(b) The director may revoke a permit for a violation of this article. To revoke a permit,
the director must send or deliver written notice of a violation to the permit holder
ordering the violation to be corrected within a specified time. If the permit holder fails
17
to correct the violation as directed, the director may revoke the permit by giving notice
to the permit holder in writing.
(c) The appeal must be submitted in writing to the city manager within 72 hours of the
action being appealed. The city manager will promptly review the facts and issue a
written determination.
(d) The revocation and appeal provisions in this section govern over any other conflicting
provision in this code.
See. 21-170. Requirements.
Any person performing any construction or other work in the public right-of-way,
whether under a permit issued under this article or otherwise, must comply with the following
requirements:
(a) Specifications. All excavations, alterations, backfill, repairs, and other work must be
made in conformance with any written specifications or requirements adopted by the
city. The director may allow modifications of a specification if unusual circumstances
are present, the modifications would comply with the spirit and intent of the
specification, and the modification would not adversely affect the public safety or
interest.
(b) Boring and encasing. If the director determines it is impractical to excavate within a
street, all pipelines, conduits, or other crossings must be bored, tunneled, or drilled
under the paved section, and, if required by the director, the crossings must be encased
in a manner approved by the director.
(c) Damage to city streets. Any type of ditching equipment used on city streets must be
equipped with street pads. All damage done to public right-of-way and other public
property during the work must be repaired by the permit holder to city specifications.
If the permit holder fails to make the repairs, the director may make the repairs and
charge the cost to the permit holder.
(d) Correction of defects. If a permit holder fails to properly restore the surface of the public
right-of-way or other public property, abandons the work, or fails to correct a hazardous
condition after notice to do so, the director may take any action necessary to restore the
right-of-way, complete the work, or correct the hazardous condition at the permit
holder's expense.
(e) Bonds. For good cause, and if necessary to protect the health, safety, and welfare of
the public, the director may require as a condition to the issuance of a right-of-way
work permit or before work begins under the permit, that the applicant or permit holder
post a bond to insure the repair of streets or the completion of the proposed work or to
insure compliance with any other requirement of this article.
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(f) Debris on public rights-of-way. During the work, the public right-of-way must be kept
clean of excessive rubbish, earth, mud, rock, and other debris, to the satisfaction of the
director.
(g) Traffic safety. All work in a public right-of-way or adjacent to a street must be done with
barricades, traffic cones, lights, flares, signs, flagmen, and other traffic control
devices as specified in the latest edition of the manual for uniform traffic control
devices of the state department of transportation. Where the director believes it
necessary to avoid traffic congestion or for public safety, he may require work be
done only at certain hours during the day or night. Any excavation in the public
right-of-way that is a potential danger to the public must be secured against entry in
the manner specified by the director.
Section 4: That the City Council hereby adopts the Design Manual for Siting and
Criteria for the Installation of Wireless Micro Network Nodes, Network Nodes, Node Support
Poles and Related Ground Equipment in Public Rights -of -Way, which is attached hereto as
Exhibit "A" and incorporated herein for all intents and purposes.
Section 5: Any person who fails to comply with any provision of this ordinance shall
be guilty of a misdemeanor and, upon conviction, shall be punished by a fine not exceeding
FIVE HUNDRED AND NO/100 DOLLARS ($500.00). Each act of violation and each day
upon which any such violation shall occur shall constitute a separate offense. In addition to the
penalty prescribed above, the city may pursue other remedies such as abatement of nuisances,
injunctive relief, administrative adjudication and revocation of licenses or permits.
Section 6: All ordinances or parts of ordinances inconsistent with the terms of this
ordinance are hereby repealed; provided, however, that such repeal shall be only to the extent of
such inconsistency and in all other respects this ordinance shall be cumulative of other
ordinances regulating and governing the subject matter covered by this ordinance.
Section 7: If any provision, section, exception, subsection, paragraph, sentence,
clause or phrase of this ordinance or the application of same to any person or the set of
circumstances, shall for any reason be held unconstitutional, void or invalid, such invalidity shall
not affect the validity of the remaining provisions of this ordinance or their application to other
persons or sets of circumstances and to this end all provisions of this ordinance are declared to be
severable.
Section 8: This ordinance shall take effect from and after ten (10) days from its
passage by the City Council. The City Clerk is hereby directed to give notice hereof by causing
the caption of this ordinance to be published in the official newspaper of the City of Baytown at
least twice within ten (10) days after passage of this ordinance.
IN
INTRODUCED, READ, and PASSED by the affirmative
City of Baytown this the 24h day of August, 2017. ,
LETICIA BRYSCH,
APPROVED AS TO FORM:
NACIO RAMIREZ, ., City Attorney
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of the City Council of the
S, Mayor
EXHIBIT "A"
Design Manual for Siting and Criteria for the Installation of Wireless Micro Network
Nodes, Network Node, Node Support Poles and Related Ground Equipment in
Public Rights -of -Way
Section 1. Policy and Purpose
The City of Baytown ("City") recognizes that the State of Texas has delegated to
Texas municipalities the fiduciary duty, as a trustee, to manage their public rights-of-way
for the health, safety, and welfare of the public.
Chapter 284 of the Texas Local Government Code allows certain wireless network
providers to install certain wireless facilities in the public rights-of-way. The
definitions, as used in Section 21-151 of the Code of Ordinances (the "Code") apply
to this Design Manual.
As expressly allowed by Section 284.108 of the Texas Local Government Code, and
pursuant to its police power authority reserved in Section 284.301 of the Texas Local
Government Code, the City Council has adopted this Design Manual in order to meet its
fiduciary duty to the citizens of the City, and to assist and guide wireless service
providers in the timely, efficient, safe and aesthetically pleasing installation of
technologically competitive equipment.
Section 2. Requirements Regarding Size Height Placement, and Operation
1. A network node must conform to the following requirements:
a. Each antenna that does not have exposed elements and is attached to
an existing structure or pole:
(1) must be located inside an enclosure of not more than six cubic feet
in volume;
(2) may not exceed a height of three feet above the existing structure or
pole; and
(3) may not protrude from the outer circumference of the existing
structure or pole by more than two feet.
b. If an antenna has exposed elements and is attached to an existing
structure or pole, the antenna and all of the antenna's exposed elements:
(1) must fit within an imaginary enclosure of not more than six cubic
feet;
(2) may not exceed a height of three feet above the existing structure or
pole; and
(3) may not protrude from the outer circumference of the existing
structure or pole by more than two feet.
C. The cumulative size of other wireless equipment associated with the
network node attached to an existing structure or pole may not:
(1) be more than 28 cubic feet in volume; or
(2) protrude from the outer circumference of the existing structure or a
node support pole by more than two feet.
d. Ground-based enclosures, separate from the pole, may not be higher
than three feet six inches from grade, wider than three feet six inches, or
deeper than three feet six inches.
e. Pole -mounted enclosures may not be taller than five feet.
f. The following types of associated ancillary equipment are not included in
the calculation of equipment volume under this subsection 1:
(1) electric meters;
(2) concealment elements;
(3) telecommunications demarcation boxes;
(4) grounding equipment;
(5) power transfer switches;
(6) cut-off switches; and
(7) vertical cable runs for the connection of power and other services.
g. Equipment attached to node support poles may not protrude from the
outer edge of the node support pole by more than two feet.
h. Equipment attached to a utility pole must be installed in accordance
with the National Electrical Safety Code, subject to applicable codes,
and the utility pole owner's construction standards.
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2. A network provider must ensure that the vertical height of an equipment cabinet
installed as part of a network node does not exceed the height limitation set forth
above, subject to approval of pole's owner, if applicable.
3. Each new, modified or replacement utility pole or node support pole
installed by a network provider in a public right-of-way may not exceed the
lesser of
a. ten feet in height above the tallest existing utility pole within 500 linear
feet of the new pole in the same public right-of-way; or
b. 55 feet above ground level.
4. A network provider:
a. must operate all network nodes in accordance with all applicable Laws,
including regulations adopted by the Federal Communications
Commission; and
b. ensure that the operation of a network node does not cause any harmful
radio frequency interference to a Federal Communications Commission -
authorized mobile telecommunications operation of the city operating at
the time the network node is initially installed or constructed. On written
notice from the city, a network provider shall take all steps reasonably
necessary to remedy any harmful interference.
5. 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 applicable codes and this article;
(d) violate or conflict with the Design Manual; and
(e) violate the Federal Americans with Disabilities Act of 1990 codified at 42
U.S.C. §§2101, et seq.
6. A network provider shall comply with and observe all applicable city, state,
and federal historic preservation laws and requirements.
7. A network provider shall provide at least ten days' advance notice to the
director before performing the following work:
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(a) A network provider's routine maintenance of micro network nodes,
network nodes, node support poles and related ground equipment that
does not require excavation or closing of sidewalk or vehicular lanes in a
public right-of-way.
(b) Replacement or upgrade to a network node or pole with a node or pole
that is substantially similar in size or smaller that does not require
excavation or closing of sidewalks or vehicular lanes in a public right-of-
way, but only if-
the
f
the replacement or upgrade does not include replacement of
an existing node support pole; and
(2) the replacement or upgrade does not defeat existing concealment
elements of a node support pole; or
(c) the installation, placement, maintenance, operation, or replacement of
micro network nodes that are strung on cables between existing poles
or node support poles in compliance with the National Electric Safety
Code.
8. A network provider may replace or upgrade a pole only with the approval of
the pole's owner.
9. Micro network nodes shall only be lashed on existing telephone or electrical lines
between existing utility poles (electric poles or telephones poles), with notice to
the pole owner as required by the Federal Pole Attachment Act, and not placed on
Utility Poles, Node Support Poles or Service Poles.
10. Any installation of Network Node facilities on any traffic signal structures shall:
(a) be encased in a separate conduit than the traffic light electronics.
(b) have a separate electric power connection than the traffic signal structure;
and
(c) have a separate access point than the traffic signal structure
11. Network nodes, node support poles and related ground equipment shall be placed,
as much as possible, within two feet of the outer edge of the public right-of-way
line. Network nodes, node support poles and related ground equipment shall not
impede pedestrian or vehicular traffic in the public right-of-way. If any network
node, node support pole or ground equipment is installed in a location that is not
in accordance with the plans approved by the director and impedes pedestrian or
vehicular traffic or does not comply or otherwise renders the public right-of-way
non-compliant with applicable laws, including the American Disabilities Act, then
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Network Provider shall remove the network node, node support poles or ground
equipment. the network node, node support pole or ground equipment must be
relocated to the correct area within the approved permit location, regardless of
whether or not the Network Provider's contractor, subcontractor, or vendor
installed the Network Nodes, Node Support Poles or ground equipment.
12. 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 the public
rights-of-way.
13. The network provider may not install ground equipment where ground equipment
already occupies a footprint of 25 square feet or more.
Section 3. Prohibited and Restricted Locations.
Residential areas.
(a) Node support poles. A network provider may not install a new node
support pole in a public right-of-way if the public right-of-way is adjacent
to a street or thoroughfare that is:
(1) not more than 50 feet wide; and
(2) adjacent to single-family residential lots or other multifamily
residences or undeveloped land that is designated for residential
use by zoning or deed restrictions.
(b) Network nodes. 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 Manager if the public right-of-way is located in or
adjacent to a street or thoroughfare that is:
(1) not more than 50 feet wide; and
(2) adjacent to single-family residential lots or other multifamily
residences or undeveloped land that is designated for residential
use by zoning or deed restrictions.
(c) A network provider installing a network node or node support in a public
right-of-way described in (a) above shall comply with private deed
restrictions and other private restrictions in the area that apply to those
facilities.
2. Public parks. A network provider may not install a new node support pole in the
public right-of-way located in a park.
3. Undergrounding areas. A network provider, in relation to installation for which
the city has approved a permit application, must comply with undergroundmg
requirements, including the city's ordinances, zoning regulations, state law,
private deed restrictions, and other public or private restrictions that prohibit
installing above -ground structures in a public right-of-way without first obtaining
zoning or land use approval. Areas of the city may be designated from time to
time by the city as underground areas in accordance with filed plats, or
conversions of overhead to underground areas, as may be allowed by law. This
subsection does not prohibit a network provider from replacing an existing
structure.
4. Historic districts. A network provider must obtain advance written approval from
the City Manager before collocating new network nodes or installing new node
support poles in a historic district. As a condition for approval of new network
nodes or new node support poles in a historic district, the City requires reasonable
design or concealment measures for the new network nodes or new node support
poles. Therefore, any request for installations in a historic district, must be
accompanied with concealment measures in the permit applications. the city
requests that a network provider explore the feasibility of using certain
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 on decorative poles or in an
historic district.
5. Design districts. A network provider must obtain advance written approval from
the City Manager before collocating new network nodes or installing new node
support poles in a design district. As a condition for approval of new network
nodes or new node support poles in a design district, the City requires reasonable
design or concealment measures for the new network nodes or new node support
poles. Therefore, any request for installations in a design district, must be
accompanied with concealment measures in the permit applications. the city
requests that a network provider explore the feasibility of using certain
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 on decorative poles or in a
design district.
6. 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 as of the date of the
submission of the permit.
Section 4. Order of Preferred Locations for Installation. The order of preference for locations for
installations is as follows:
The least preferable locations for installations are as follows
(a) Residential Areas.
(1) As described in Section 3(1)(a) above as to network nodes, node
support poles are not allowed.
(2) To the extent a public right-of-way in a residential zoning district
zoned as NC, UN, SF1, SF2, MF1, MF2, MF3, or OR, under the
city's zoning regulations, are not adjacent to a street or
thoroughfare that is:
a. not more than 50 feet wide; 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,
installation of node support poles and network nodes in those
public rights -of- way is not preferred.
(b) Historic districts. A network provider is discouraged from installing a
network node or a new node support pole in the public right-of-way in any
area in a historic district unless such a network node or a new node
support pole is camouflaged as provided in the approved permit.
(c) Design districts. A network provider is discouraged from installing a
network node or a new node support pole in the public right-of-way in any
area in a design district unless such a network node or a new node
support pole is camouflaged as provided in the approved permit.
2. The most preferable locations for installations are as follows:
(a) Industrial areas. A network provider is not discouraged from installing a
network node or a new node support pole in the public right-of-way in any
area that is zoned as light industrial (LI) or heavy industrial (HI) pursuant
to the city's zoning regulations.
(b) Retail and commercial areas. A network provider is not discouraged from
installing a network node or a new node support pole in the public right-of-
way in any area that is zoned as mixed use (MU) or general commercial
(GC) pursuant to the city's zoning regulations. Installation of a node
support pole, however, is not allowed in a residential area located
within such zoned districts as provided in Section 3(1)(a) above.
Section 5 Order of Preference Regarding Attachment to Existing Facilities The order of
preference regarding attachment to existing facilities is as follows:
1. Existing utility poles (electric poles or telephones poles);
2. Municipal Service Poles:
a. Non -decorative street lights with a height of more than 20 feet;
b. Traffic signal structures when such installation will not interfere with
the integrity of the facility and will not interfere with the safety of the
public;
C. Street signage if camouflaged to the extent allowed by law as set out
below; and
d. Other municipal service poles.
3. New node support poles if camouflaged to the extent allowed by law as set out
below.
4. Ground equipment; provided to maximise line of sight at street corners and
intersections and minimize hazards at those locations, ground equipment is
requested not to be installed within 250 feet of a street corner or street intersection.
Section 6. Camouflage.
Camouflage is required by the city in Historic Districts and Design Districts having
decorative poles, as provided in this Design Manual. It is also the City's preference that all new
node support poles be camouflaged, except those located in an area zoned as industrial.
Companies must submit their proposal for camouflage with the permit application.
Section 7. Electrical Supply.
The network provider is responsible for obtaining any required electrical power service
to the micro network node, network nodes, node support poles and related ground equipment.
The city will not be liable to the network provider for any stoppages or shortages of electrical
power furnished to the micro network node, network nodes, node support poles or related
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.
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The network provider shall not allow or install generators or back-up generators in the
public right-of-way.
Section 8. Installation and Inspections.
1. Installation. The network provider shall, at its own cost and expense, install the
micro network node, network node facilities, node support poles and related
ground equipment in a good and workmanlike manner and in accordance with the
requirements of the permit(s) issued by the city, applicable codes, applicable laws,
this Design Manual, and Chapter 21, Article III of the Code of Ordinances. The
network provider is responsible and liable for the acts and omissions of network
provider's employees, temporary employees, officers, directors, consultants,
agents, affiliates, subsidiaries, sub -network providers and subcontractors in
connection with the installations of any micro network node, network node,
node support pole and related ground equipment, as if such acts or omissions
were network provider's acts or omissions.
2. Inspections. The director or building official, as applicable, may perform
visual inspections of any micro network node, network node, node support
pole or related ground equipment located in the public right-of-way without
notice. if the inspection requires physical contact with the micro network
node, network node, node support poles or related ground equipment, the
director or building official shall provide written notice to the network provider
within five business days of the planned inspection. Network provider may have a
representative present during such inspection.
Section 9. General Provisions.
1. As Built Maps and Records. Network provider shall maintain accurate maps and
other appropriate records of its network node facilities, node support poles and
related ground equipment as they are actually constructed in the public rights-of-
way, including, upon request, the use of Auto CAD/GIS digital format. Network
provider will provide additional maps to the city upon request.
2. Ownership. No part of a micro network node, network node, node support pole and
related ground equipment erected or placed on the public right-of-way by a
network provider will become, or be considered by the city as being affixed to or a
part of, the public right-of-way. All portions of the micro network node, network
node, node support pole and related ground equipment constructed, modified,
erected, or placed by network provider on the public right-of-way will be and
remain the property of the network provider and may be removed by network
provider at any time, provided the network provider shall notify the director prior
to any work in the right-of-way, as provided in Chapter 21, Article III.
Tree Maintenance. The Network Provider, its contractors, and agents must obtain
written permission from the director before trimming trees hanging over its micro
network node, network node, or node support pole, to prevent branches of such
trees from contacting attached micro network node, network node, or node support
pole. The City shall not be liable for any damages, injuries, or claims arising from
Network Provider's actions under this section.
4. Signage. Network provider shall post its name, location identifying information,
and emergency telephone number in an area on the cabinet of the network node
facility that is visible to the public. Signage required under this section shall not
exceed 4" x 6", unless otherwise required by law (e.g. RF ground notification
signs) or the director. Except as required by applicable laws or by the utility pole
owner, the network provider shall not post any other signage or advertising on the
micro network node, network node, node support pole, service pole or utility pole.
5. Graffiti Abatement. As soon as practical, but not later than fourteen (14) calendar
days from the date network provider receives notice thereof, network provider
shall remove all graffiti on any of its micro network node, network node, node
support pole, and related ground equipment located in the public right-of-way. The
foregoing shall not relieve the network provider from complying with any graffiti
or visual blight ordinance or regulation of the city.
Section 10. Design Manual.
Placement or modification of a micro network node, network node, node support pole
and related ground equipment shall comply with the City's Design Manual at the time the
permit for installation or modification is approved and as amended from time to time.
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