2017-033 - Amending Chapter 29, Streets, Sidewalks, and other Public Property, of the Code of Ordinances, to add Article VI to Chapter 29 Regarding Wireless Facilities in the Public Right-of-Way

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network nodes ,proposed for attachment to any pole, including but not limited to those requirements set forth in this Article VI. Residential Area means any area designated as residential pursuant to the City's zoning code, and includes but is not limited to districts with zoning designations SF. 2F. MF and PD. Right -of way or public right- of-way means the surface of, and the space above and below, any street, road, highway. freeway. lane. ,path, drainage way, channel, fee interest, public way or place, sidewalk, alley, boulevard. parkway, drive, or other easement now or hereafter held by the city or over which the city exercises any rights of management or control and shall include but not be limited to all easements now held, or hereafter held, by the city but shall specifically exclude private property and the airwaves above a public right -of -way with regard to wireless telecommunications. Right -of way management ordinance means Chapter 29 of the Code of Ordinances. City of Paris. Paris. Texas and any other regulations governing access. use. or maintenance of the right -of -way. Service pole means a polp . 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: CQ 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 Article. includes only the paved portion and sub -grade of the 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 right -of -way, and while a 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. Page 5 of 25