(A) Permit required. Any agency, network provider, or public infrastructure contractor seeking to place facilities on, in or over a public right-of-way or to engage in construction, excavation, encroachments, and work activities within or upon any public right-of-way shall first file an application for a right-of-way permit with the city and shall abide by the terms and provisions of the right-of-way permit and this chapter pertaining to the use of the public rights-of-way.
(B) Exceptions.
(1) City construction, reconstruction, and maintenance activities are excepted from the permitting requirements outlined herein.
(2) No application, permit or fee is required of network providers for:
(a) Routine maintenance that does not require excavation or closing of sidewalks or vehicular lanes in a public right-of-way;
(b) Replacing or upgrading facilities that are substantially similar in size or smaller and that do not require excavation or closing of sidewalks or vehicular lanes in a public right-of-way; or
(c) The installation, placement, maintenance, operation, or replacement of micro network nodes or similar structures that are strung on cables between existing poles or node support poles, in compliance with the National Electric Safety Code. If, however, traffic will be affected by the installation, placement, maintenance or replacement of a micro network node or similar structure, a traffic control plan is required per § 96.22.
(3) SUBSTANTIALLY SIMILAR shall mean:
(a) The new or upgraded facility, including the antenna or other equipment element, will not be more than 10% larger than the existing facility or ten feet, whichever is greater; or the extension of facilities will be less than six feet from a tower; or the new or upgraded pole will not be more than 10% higher than the existing pole, provided that the increase may not result in the pole exceeding the applicable height limitations prescribed by Tex. Local Govt. Code Ch. 284, as may be further amended; or increasing the size of ground equipment cabinets by 10% in height or volume;
(b) The replacement or upgrade does not include replacement of an existing pole;
(c) The replacement or upgrade does not defeat existing concealment elements of a pole; and
(d) The determination of whether a replacement or upgrade is substantially similar is made by measuring from the dimensions of the facilities as approved by the city.
(4) Although no application, permit or fee is required, the city requires advance notice of the work described above and approval of the pole's owner for that specific address. Work under this section must still meet all other requirements in this chapter.
(C) Permits generally.
(1) Permits will be issued in the name of the agency or network provider that will own the facilities. Permits for public infrastructure will be issued in the name of the public infrastructure contractor.
(2) Any agency with a current, unexpired consent, franchise, agreement or other authorization from the city (grant) to use the public rights-of-way that is in effect at the time this chapter takes effect shall continue to operate under and comply with that grant, unless prohibited by law, until the grant expires or until it is terminated by mutual agreement of the city and the agency or as otherwise provided for by law.
(3) Construction, excavation, or work area. No agency, network provider, or public infrastructure contractor shall perform construction, excavation, or work in an area larger or at a location different, or for a longer period of time than that specified in the permit or permit application. If, after construction, excavation, or work is commenced under an approved permit, it becomes necessary to perform construction, excavation, or work in a larger or different area than originally requested under the application or for a longer period of time, the agency or public infrastructure contractor shall notify the City Engineer immediately and, within 24 hours, shall file a supplementary application for the additional construction, excavation, or work.
(4) Permit transferability or assignability. The agency, network provider, or public infrastructure contractor may subcontract the work to be performed under a permit if the agency, network provider, or public infrastructure contractor is responsible for the performance of the work under the permit and all insurance and financial security as required. Permits are transferable and assignable upon written notice to the City Engineer that the transferee or assignee has posted all required security pursuant to this chapter. Any transferee or assignee shall be bound by all requirements of the permit and this chapter.
(5) The physical construction of public infrastructure, excluding agency infrastructure and facilities installed by network providers, in new developments is the responsibility of the developer of the land. Ownership of that infrastructure remains with the developer of the land until accepted by the city. Any agency or public infrastructure contractor performing work on infrastructure that is within a public right-of-way, but prior to infrastructure acceptance by the city, shall obtain a permit from the city and permission from the owner of all of the infrastructure in the public right-of- way. The agency or public infrastructure contractor shall be financially responsible to the owner of the infrastructure to carry out all remedial work necessary to receive acceptance by the city of that infrastructure. This financial obligation shall apply only to the work in the public right-of-way done by the agency or public infrastructure contractor. The city will not accept for dedication public infrastructure if the work performed on that infrastructure is not in accordance with applicable city specifications.
(6) Any agency, network provider, or public infrastructure contractor found to be conducting any excavation activity within the public right-of-way without having first obtained the required permit(s) shall immediately cease all activity (exclusive of actions required to stabilize the area) and be required to obtain a permit before work may be restarted.
(7) The city may institute all appropriate legal action to prohibit any agency, network provider, or public infrastructure contractor from knowingly using the public rights-of-way unless the agency or public infrastructure contractor has complied with the terms of this chapter.
(Ord. O-23-978, passed 7-17-2023)