(a) The terms used in this section have the meanings ascribed to them in Texas Local Government Code ch. 284, as amended.
(b) A person shall not construct, place, install, replace, upgrade, repair, or collocate a network node or related infrastructure, including poles, within a public right-of-way without first obtaining a permit from the director.
(c) Permit applications must be accepted and processed as provided in the design manual and in accordance with Texas Local Government Code ch. 284, as amended. A permit application for a network node must be accompanied by a fully executed pole attachment agreement for the proposed location or an approved permit for a node support pole at the proposed location in order for the application to be deemed complete. The director shall deny applications that do not include required materials and information in accordance with state law and the design manual.
(d) A person shall not file, or have pending, more than 30 permit applications for the installation or collocation of network nodes at any time.
(e) Permit fees and compensation for use of the right-of-way and any city infrastructure pursuant to Texas Local Government Code ch. 284, as amended, shall be as provided by state law and the design manual.
(f) The placement, installation, or collocation of a network node or related infrastructure, including poles, in a design district with decorative poles or in a district the city has designated as historic, is subject to additional design, concealment, and aesthetic standards, as set out in the design manual.
(g) A network provider shall not install a new node support pole in a public right-of-way if the public right-of-way is:
(1) Adjacent to property under the control and jurisdiction of the park board; or
(2) Adjacent to a street or thoroughfare that is not more than 50 feet wide and adjacent to property zoned for residential uses, as that term is defined by the city zoning ordinance.
(h) Designations.
(1) Any area that meets the definition of a design district under this division is hereby designated a design district for purposes of Texas Local Government Code ch. 284, as amended.
(2) Any area within the city without utility poles is hereby designated as an underground district pursuant to Texas Local Government Code ch. 284, as amended, and is subject to additional design, concealment, and aesthetic standards as set out in the design manual.
(3) A person acting under this section shall do so in accordance with the terms of the permit, the design manual, and all applicable city ordinances, state, and federal laws.
(Ord. No. 033-2017, Exh. A(17-28.210), 8-22-2017)