15 - ORDINANCE IMPLEMENTING SB 1004, WIRELESS INFRASTRUCTUREItem No. 15
memorandum
TO: City Council
John Godwin, City Manager
FROM: Stephanie H. Harris, City Attorney
SUBJECT: Ordinance implementing SB 1004, New Texas Local Government Code Chapter
284, relating to wireless infrastructure.
DATE: August 23, 2017
BACKGROUND: SB 1004 will go into effect September 1, 2017 as new Texas Local
Government Code Chapter 284. Prior to the effective date of the law, cities have been able to
charge franchise fees to wireless providers who wanted to install equipment in the rights -of -way
(ROW) or to simply prohibit wireless providers from doing so altogether. Chapter 284 mandates
that wireless infrastructure providers and wireless service providers have access to the public
ROW to locate their facilities, and they may do so without having to negotiate franchise
agreements and pay franchise fees. I have attached photographs of the types of infrastructure we
are talking about here. Under this new law, cities are very limited in the types of regulations
they can pass to try to blunt the aesthetic and public safety impact of the proliferation of this
technology, but cities may require permits; enact some design requirements, including requiring
camouflaging of wireless nodes in historic and design districts; and require certain statutorily
capped payments for use of the ROW. In order to get the benefit of these negligible (to the City)
benefits, the City must pass an ordinance compliant with Chapter 284.
STATUS OF ISSUE: As noted, SB 1004 (Chapter 284) goes into effect on September 1St. If the
City is to be able to regulate the proliferation of small cell wireless facilities, Council needs to
pass an ordinance prior to that date. The attached ordinance was prepared by Rebecca Edwards
and Gerald Lederer of Best Best & Krieger, LLP of Washington, DC and Houston, Texas with
input City staff and myself. Best Best & Krieger is one of the premier firms in the country
assisting municipalities in the area of telecommunications. The proposed ordinance adheres to
the requirements set forth in Chapter 284 and attempts to balance the need of
telecommunications and wireless providers to meet the ever - growing demand for additional
wireless capacity with the need of the City to ameliorate the aesthetic and public safety concerns
of its residents associated with the placement of these facilities in the public ROW.
BUDGET: There is the potential for revenues derived from permitting fees and ROW rentals
consistent with the ordinance and Chapter 284.
RECOMMENDATION: Adopt ordinance implementing SB 1004 /Tex.Loc.Gov.Code Chap.
284.
mom
ORDINANCE NO. _
AN ORDINANCE OF THE CITY OF PARIS, TEXAS, AMENDING CHAPTER 29,
"STREETS, SIDEWALKS, AND OTHER PUBLIC PROPERTY," OF THE CODE
OF ORDINANCES, CITY OF PARIS, PARIS, TEXAS TO ADD ARTICLE VI TO
CHAPTER 29 REGARDING WIRELESS FACILITIES IN THE PUBLIC RIGHT -
OF -WAY; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE
SUBJECT; PROVIDING A REPEALER CLAUSE, A SAVINGS CLAUSE, A
SEVERABILITY CLAUSE, A PENALTY CLAUSE; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the City of Paris, Texas ( "City ") is charged with maintaining control of
and access to the public rights -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 rights -of -way for the health, safety, and
welfare of the public; 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 rights -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 rights -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
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WHEREAS, a Network Provider shall comply with the City's rights -of -way
management ordinance, codified in Chapter 29 of the Code of Ordinances, City of Paris,
Paris, Texas, 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 creation of Chapter 284 while at the same time to craft fair
and reasonable rules for the use of the City's public rights -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 Paris, 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
PARIS, TEXAS:
Section 1. The facts and recitations set forth in the preamble of this Ordinance
are hereby found to be true and correct.
Section 2. The Code of Ordinances, City of Paris, Paris, Texas is hereby amended
by adding Article VI to Chapter 29 "Streets, Sidewalks and other Public Property," to read
as follows:
ARTICLE VI. WIRELESS FACILITIES
Sec. 29 -140. 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
29 of the Code of Ordinances. City of Paris Texas 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
Sec. 29 -141 Definitions.
Abandon and its derivatives: Abandoned facilities means facilities not operated for
any continuous period of 12 months.
Antenna means communications equipment that transmits or receives
electromagnetic radio frequency signals used in the provision of wireless services
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ARnlicable codes means: (al 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.
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 facade, blended with surrounding area design,
painted to match the supporting area, or disguised with artificial tree branches.
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.
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.
Director means the city engineer or his or her designee.
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. "Easement" 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.
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Local means within the corporate boundaries of the City.
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."
Network provider means: (a) a wireless service providers 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 (2l 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 primarX
purpose of supporting a network node.
Pole means a service pole municipally owned utility pole node support pole or
utility pole.
Pole Attachment Specifications means the structural, electrical, design contractual or
other requirements adopted or approved by the city which are applicable to
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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
Mow.-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.
RLght -of wav 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 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 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 eg nerallX
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
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zoning regulations, state law, private deed restrictions, and other public or private
restrictions, that prohibit installing aboveground structures in a public right -of -way.
User means a person or organization which conducts a business over facilities
occupying the whole or a part of a public street or right -of -way, depending on the
context.
UtiliV 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.
Sec. 29 -141. Permit Application.
A network provider must submit an application for a permit as that term is
defined in the right -of -way management ordinance, prior to installing a
network node, node support pole, or transport facility in the public right-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 Article,
the right -of -way management 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 system,
traffic signal light system, airport communications, air traffic
control, aviation systems, or other city safety communications
components in accordance with Chapter 284, Sec. 284.304:
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(3) a proposal and depiction to camouflage or conceal the network
node consistent with the requirements of this Article:
(4) disclose on a map in GIS or other format acceptable to the Citv
whether the location is any of the following_
(a) within a Municipal Park or a Residential Area:
(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:
(c) within an area that has undergrounding requirements:
(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. 4
470). as of the date of the submission of the permit.
(5) a certificate that the network node complies with applicable
regulations of the Federal Communications Commission
Sec. 29 -142. Fees.
(1) In lieu of the fees provided elsewhere in this Chapter 29, a
network provider must pay fees for permit applications and use of
the public rights -of -way as provided in Chapter 284. Because the
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 Article. 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
(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
Page 7 of 25
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, with annual CPI adjustment as provided for
in Chapter 284, Sec. 284.054.
(ii) Poles: Chapter 284, Sec. 284.053 does not provide a
separate rate for poles and therefore the rate is the
same as for the Nodes.
(iii) Transport facility: The Annual Transport Facility rental
rate as set in Chapter 284, Sec. 284.055. shall be $28
monthly for each Network Node site, unless an equal or
greater 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 Article shall not been 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 the costs of granting or processing an
application are incurred
Sec. 29 -143. Prohibited and Restricted Locations of Micro Network
Node. Network Node, Node Support Pole and related ground equipment.
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. 284.1040, a Network Provider may not install a
Node Support Pole in a public right -of -way without the City's
written consent in accordance with subdivision (4) of this section
if the public right -of -way is in a Municipal park or is adjacent to a
street or thoroughfare that is:
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(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.
In accordance with Chanter 284. Sec. 284.104(b). a Network Provider
installing a Network Node or Node Support Pole in a public right -of-
way described in subdivision (1) 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 in accordance with subdivision (4)
of this section 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 Network Provider must use design
or Concealment measures for the Network Nodes or Node
Support Poles to comply with the design and aesthetic
standards of the district. 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 an Historic District.
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(c) Network Providers must comply with and observe all
applicable City. State, and federal historic preservation laws
and requirements.
(d) The City Council and Paris Historic Preservation
Commission. pursuant to Chapter 7 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 (HD -1). the Downtown
Historic District. established June S. 2003 by Ordinance
Number 2003 -023, and any amendments or
modifications thereto.
(ii) Historic District Number 2 (HD -2). Church Street
Historic District. established August S. 2004 by
Ordinance Number 204 -021, and any amendments or
modifications thereto:
(iii) Historic District Number 3 (HD -3). 1125 Bonham Street.
established October 13. 2003 by Ordinance No. 2003-
045, and any amendments or modifications thereto:
(iv) Historic District Number 4 (HD -4). 714 Graham Street,
established on August 9. 2004 by Ordinance No. 2004-
022, and any amendments or modifications thereto:
(v) Historic District Number 5 (HD -5). 625 6th Street S.E.
established on August 9. 2004 by Ordinance No. 2004-
023, and any amendments or modifications thereto:
(vi) Historic District Number 6 (HD -6). 1970 Clarksville
Street, 410, 428. 429. and 440 Grand Avenue
established on August 9. 2004 by Ordinance No. 2004-
024, and any amendments or modifications thereto:
(vii) Historic District Number 7 (HD -7). W. Kaufman Street,
established on August 9. 2004 by Ordinance No. 2004-
025, and any amendments or modifications thereto:
(viii) Historic District Number 8 (HD -8). 357 W. Kaufman
Street, established on August 9. 2004 by Ordinance No.
Page 10 of 25
2004 -026. and any amendments or modifications
thereto:
(ix) Historic District Number 9 (HD -91. 625 Washington
Street, established on September 9. 2004 by Ordinance
No. 2004 -031, and any amendments or modifications
thereto:
(x) Historic District Number 10 (HD -10). Part of 1033
Bonham Street, established on September 9. 2004 bX
Ordinance No. 2004 -032, and any amendments or
modifications thereto:
(xi) Historic District Number 11 (HD -11). 744 3rd Street SW.
established on September 9. 2004 by Ordinance No.
2004 -033, and any amendments or modifications
thereto:
(xii) Historic District Number 12 (HD- 121.2006 Bonham
Street, established on September 9. 2004 by Ordinance
No. 2004 -034, and any amendments or modifications
thereto:
(xiii) Historic District Number 13 (HD- 131.561 Clarksville
Street, established on October 10, 2005 by Ordinance
No. 2005 -054, and any amendments or modifications
thereto:
(xiv) Historic District Number 14 (HD- 141.546 Pine Bluff,
established on December 12, 2005 by Ordinance No.
2005 -064, and any amendments or modifications
thereto:
(xv) Historic District Number 15 HD -15). 418 W.
Washington, established on September 10. 2007 by
Ordinance No. 2007 -025, and any amendments or
modifications thereto:
(xvi) Historic District Number 16 (HD -16). 726 W. Sherman,
established on October 22, 2012 by Ordinance No.
2012 -031, and any amendments or modifications
thereto:
(xvii) Historic District Number 17 (HD- 171.60 Sycamore,
established on September 8. 2014 by Ordinance No.
2014 -015, and any amendments or modifications
thereto:
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(f) Currently designated Design Districts are the following:
(i) Design District Number 1 is the area designated as the
HD -1. Historic District No. 1. the Downtown Historic
District. established June S. 2003 by Ordinance Number
2003 -023, and any amendments or modifications
thereto.
(ii) Design District Number 2 is the area designed as the
Samuel Bell Maxim House, State Historic Site.
(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, 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 conversions of overhead to underground
areas, as may be allowed by law.
(b) 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.
(c) 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.
(4) In accordance with Chapter 284, Sec. 284.104(b1. a Network
Provider installing a Network Node or Node Support Pole in a
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public right -of -way described in subdivisions (1 ).(2) or (3) must
comply with the following:
(a) A network provider may not install a new node support
pole in a public right -of -way in a historic district pursuant
to subdivisions (1) of this section without a certificate of
appropriateness from the Paris Historic Preservation
Commission granted in accordance with the procedures set
forth in Article VII of Chapter 7.
(b) A network provider may not install a new node support
pole or collocate on a pole in a public right -of -way in a
residential area pursuant to subdivision (1). (2) or (3)o
this section without a variance granted in accordance with
the procedures set forth in the City of Paris Zoning
Ordinance No. 1710, Section 28.113 (c) and (d), except that
no fee shall be due, and also provided as follows:
(i) Variances allowed. The city council may only rg ant a
variance to the
a. Distance between poles:
b. Height of node support poles:
c. Number of nodes permitted on a single node
support pole:
d. Type of concealment:
e. Undergrounding requirements.
(ii) Criteria for approval for new node support pole. In
order for the city council to grant a variance, the
applicant must show that:
a. No location meeting the preferences in Section
12 -1450 is technically feasible:
b. The granting of the variance will comport with
the purpose of this chapter. the Comprehensive
Future Land Use Plan, and will not be materially
detrimental to the adjacent property,
surrounding area, or to the public in general: and
c. The variance requested is the minimum variance
necessary to afford relief.
Page 13 of 25
Sec. 29 -144. 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 a node
Support 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.
(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.
Page 14 of 25
(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 electrical lines between existing
utility poles. 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.
(b) Existing Utility Poles (electric poles or telephones poles),
shall be the preferred support facility for Network Nodes
and related ground equipment.
(c) 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. 284.101(a)(3). and (b).
(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 tyke of
allowed facility for attachment of Network Nodes.
(e) Ground equipment must be minimal and the least intrusive
by incorporating concealment measures.
Sec. 29 -145. Guidelines on Placement. Generally. Penalty.
Page 15 of 25
(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 -wax management
ordinance or this Article:
(e) violate the federal Americans with Disabilities Act of 1990
(42 U.S.C. Section 12101 et seq.):
(f) interfere with public safety radio system, traffic signal light
system, airport communications, air traffic control, aviation
systems, or other city safety communications components.
Failure to comply with this Section 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 Section 29 -147.
(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, 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 system, traffic signal light system, airport
communications. air traffic control. aviation systems.
Page 16 of 25
Network Nodes shall not be allowed on Citv's public safety
radio infrastructure.
(d) Design Manual. Network providers shall comply with the
design requirements in this Article and with any additional
requirements for the installation and construction of
network nodes and new node support poles in the public
right-of-way that do not conflict with Chapter 284.
(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
Article, 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 designation or as otherwise reasonably allowed by
the City for the transition of other overhead facilities.
Sec. 29 -146. Penalty for Improperly Located Network Nodes, Node
Support Poles and related ground equipment.
(1) Failure to comply with Section 29 -146 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 right -of -way, or otherwise be inconsistent
with the requirements of this Article. 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
otherwise with Chapter 29 or renders the Right- of -Wav non-
Page 17 of 25
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 of Network Node facilities. Node
Support Poles or ground equipment that is located in the incorrect
permitted location, if not relocated the Network Provider shall be
subject to a penalty of up to two thousand dollars ($2,000.00) 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 Citds rights -of -way management
ordinance, and other applicable ordnances concerning improperly
located facilities in the rights -of -way.
Sec. 29 -147. 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 Right -
of -Way line to minimize any obstruction, impediment, or
hindrance to the usual travel or public safetv 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 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 without a
variance granted in accordance with the procedure set
Page 18 of 25
forth in Section 28 -113 of the zoning ordinance of the City
of Paris and an agreement as allowed by Chapter 284, Sec.
284.101(a)(3). and (b).
(2) New Node Support Poles.
(a) New Node Support Poles Spacing. New node support poles
shall be spaced apart from existing utility12oles or Node
Support poles at the same as the spacing between utility
poles in the immediate proximity, but no less than at a
minimum 300 feet from a utility pole or another Node
Support Pole to minimize the hazard of poles adjacent to
road ways and to minimize effect on property values and
aesthetics on the area.
(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 hole
located within 500 linear feet of the new pole in the
same public right -of -way: or
(ii) 55 feet aboveground 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.
(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
right -of -way that is within a Park or within 250 feet of the
boundary line of a Park, unless approved by the Director in
writing.
Page 19 of 25
(4) 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. 284.101(x)(3). and W
(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 Chanter 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. 284.108(a)(1) -(2). and if a Network
Node attachment is projecting toward the street, for the
safety and protection of the public and vehicular traffic, the
attachment shall be installed no less than sixteen (16) feet
above the ground.
(d) Installations on Traffic Signal or Signage Structures.
Installations on all Traffic signal or signage 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. 284.101(a)(3) and (bl.
Installation of Network Node facilities on any traffic signal
structures must comply with the following:
(i) Any standards applicable to the proposed installation
contained in the Uniform Manual on Traffic Control
Devices:
(ii) Be encased in a separate conduit than the traffic light
electronics:
(iii) Have a separate electric power connection than the
traffic signal or signage structure: and
(iv) Have a separate access point than the traffic signal
structure.
Sec. 29 -148. General Design Requirements
Page 20 of 25
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
spaced apart from existing utility poles or Node Support poles at
the same as the spacing between utility poles in the immediate
proximity, but no less than at a minimum 300 feet from a utility
pole or another Node Support Pole to minimize the hazard of poles
adjacent to road ways and to minimize effect on property values
and aesthetics on the area.
(3) Allowed Colors. Colors in Historic Districts and Design Districts
must be in strict accordance with the City's rights -of -way
management ordinance. the Historic District design requirement
manual, and other applicable ordinances, except to the extent not
consistent with Chapter 284.
Sec. 29 -149. Electrical Supply
(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.
Page 21 of 25
(2) A Network Provider must not install, permit, use, or facilitate the
presence or use of generators or back -up generators in the Right -
of -Way in accordance with Chapter 284, Sec. 284.002(12).(B)( i).
Sec. 29 -150. 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 29, 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.
Sec. 29 -151. 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 rights -of -way management
ordinance, and other applicable ordinances, except to the extent
not consistent with Chapter 284.
(2) The Director or designee, may perform inspections of any Micro
Network Node, Network Node, Node Support Pole or related
ground equipment located in the Right -of -Way allowed in
accordance with the City's rights -of -way management ordinance,
and other applicable ordinances, except to the extent not
consistent with Chapter 284.
Sec. 29 -152. Relocation
Exceot as provided in state and federal law, a network Drovider shall relocate
or adjust Micro Network Nodes, Network Node facilities. Node Support Poles
and related Ground Equipment in a public right -of -way in a timely manner
and without cost to the City in the management of the public right -of -way
and shall comply with the relocation requirements in the rights -of -way
management ordinance, and other applicable ordinances except to the
extent not consistent with Chapter 284.
Sec. 29 -153. Removal, Replacement. Maintenance. and Repair
Page 22 of 25
(1) A Network Provider must provide the City with 30 days' advanced
notice of any maintenance work conducted within the 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
pales.
(2) A Network Provider must comply strictly with the requirements of
the right -of -way management 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.
Sec. 29 -154. Abandonment
Abandoned or obsolete Micro Network Nodes, Network Nodes, Node Support Poles
and related ground equipment shall be removed in strict accordance with the City
rights -of -way management ordinance, and other applicable ordinances, except to
the extent not consistent with Chapter 284.
Sec. 29 -155. General Provisions
(1) A Network Provider's as built maps and records shall be in strict
accordance with the City's rights -of -way management 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 rights -of -way
management ordinance, and other applicable ordinances except
to the extent not consistent with Chapter 284.
(3) Tree maintenance shall be in strict accordance with the Cites
rights -of -way management ordinance. Chapter 32, and other
applicable ordinances, except to the extent not consistent with
Chapter 284.
(4) Signage shall be in strict accordance with the Ci , 's rights -of -way
management ordinance. Chapter 28. "Signs and Billboards." the
Code of Ordinances and other applicable ordinances, except to the
extent not consistent with Chanter 284.
Page 23 of 25
(5) Graffiti abatement shall be in strict accordance with the City's
rights -of -way management ordinance. Section 21 -76, and other
applicable ordinances, except to the extent not consistent with
Chapter 284.
(6) Network Provider shall restore and repair the rights-of-way from
rom
any damage to the right -of -way. or any facilities located within the
right-of-way. and the properly 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 rights -of -way management 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 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 rights -of -way
management ordinance, and other applicable ordinances, except
to the extent not consistent with Chapter 284.
Section 3. Repeal. All ordinances or parts of ordinances in conflict herewith, if any,
shall be and are hereby repealed only to the extent of such conflict.
Section 4. Penalty. Any person who violates, or any person who causes or allows
another person to violate, any provision of this Ordinance shall be deemed guilty of a
misdemeanor and, upon conviction thereof, shall be punished by a fine of not more than
Two Thousand Dollars ($2,000.00). Each occurrence of any violation of this Ordinance shall
constitute a separate offense. Each day in which any violation of this Ordinance occurs shall
constitute a separate offense.
Section 5. Severability. In the event any clause, phrase, provision, sentence or part
of this Ordinance or the application of the same to any person or circumstance shall for any
reason be adjudged invalid or held unconstitutional by a court of competent jurisdiction, it
shall not affect, impair, or invalidate this Ordinance as a whole or any part or provision
hereof, other than the part declared to be invalid or unconstitutional; and the City Council
of the City of Paris, Texas, declares that it would have passed each and every part of the
same notwithstanding the omission of any such part thus declared to be invalid or
unconstitutional, or whether there be one or more parts.
Page 24 of 25
Section 6. That this ordinance shall become effective from and after its passage and
publication as required by law.
PASSED AND ADOPTED on this day of . 2017.
ATTEST:
Janice Ellis, City Clerk
APPROVED AS TO FORM:
Stephanie H. Harris, City Attorney
Steven J. Clifford, M.D. Mayor
Page 25 of 25