(A) General to all right-of-way permits.
(1) Application submissions. Each application for a permit shall be submitted using the required form, which may be obtained from the Building Permits and Inspections Department through Permits@FerrisTexas.gov. The applicant must determine what type of permit is sought and complete the correct application. The city is not responsible for determining that the correct application was completed by the applicant and approval of a permit contrary to the provisions of this chapter does not create a vested right.
(a) Required disclosures on application. The applicant shall disclose if the applicant proposes that the facilities will be located in: a Planned Development District; historic district; within 300 feet of public art; near a historic site, or a structure or landmark recognized as historic by the city, state or federal government; within a park; within a residential district; or in an area that has undergrounding requirements.
(b) Drawings. The applicant shall provide detailed drawings in electronic form, with calculations and dimensions to show strict conformity to the size, distance and spacing limitations in this chapter.
(c) Format. The applicant requesting a permit shall provide the city with documentation in the format specified by the city.
(d) Interference. The applicant shall provide analysis indicating that the proposed facilities will not cause any interference with city public safety radio system, traffic signal light system, or other city safety communications components.
(e) Address and location. The applicant must provide the specific address for all facilities that will be located on a pole. Addresses are determined by Ellis County or Dallas County, respectively. The applicant shall provide a dated aerial photograph of the overall site depicting the site's relation to major streets and highways and poles. For any application requesting a new pole, photos are required showing the before and after conditions.
(f) Other required permits. The applicant must ascertain, in consultation with the city, whether any other authorizations from the city will be required in order for the proposed installation to be made and completed. For all applications for the installation or construction of wireless facilities, including network nodes and node support poles, if any such additional authorizations are required, the applicant is responsible for providing all the information necessary for the city to review and act on the additional authorizations. Such additional authorizations that must be included with the application shall include, but not be limited to, executed agreement(s) with the city for attachment to service poles.
(g) Completeness. The application is not complete unless it contains all information required by this chapter, requested on the application form, and required by any supplemental list of required documentation provided by the city with the application form.
(2) No person, agency, network provider, or public infrastructure contractor shall install facilities or otherwise encroach upon the right-of-way or make a pavement cut or excavate in a public right-of-way without first obtaining a permit from the engineering department, except in an emergency.
(3) If the project lies within a Texas Department of Transportation, NTTA or any other agency's right-of-way, the applicant must provide evidence of a permit from the state or federal government, or other appropriate agency at the time of application.
(4) Franchised agencies and agencies that are certificated telecommunications providers have prior authorization to do work in public rights-of-way. However, an agency's use of the public rights-of-way is subject to and must occur in accordance with State of Texas laws, federal laws, and city ordinances, policies, standards and procedures. Said use is non-exclusive and does not establish priority for use over other franchise holders, permit holders, or the city. A permit issued by the city is required for all work done in the public rights-of-way.
(5) New residential service connections do not require a permit under this chapter. However, a building permit may be required from the building inspections department. An agency or public infrastructure contractor must inquire with the building inspections department as to whether a permit is required for such service connections. Maintenance or replacement of existing service connections that requires excavation will require a permit under this chapter.
(6) The city shall state on the permit the activity for which the permit is issued and any additional restrictions or requirements that have been placed upon the permit besides those incorporated into the permit by this chapter, the zoning ordinance, or other law or regulation, as applicable.
(7) All construction and installation in the public rights-of-way shall be in accordance with the permit issued for the facilities. The City Engineer shall be provided access to the work and to such further information as he or she may reasonably require to ensure compliance with the permit.
(8) A copy of the right-of-way construction permit and approved engineering plans shall be maintained at the construction site and made available for inspection by the City Engineer at all times when construction or installation work is occurring.
(9) The agency, network provider, or public infrastructure contractor shall update any new information on permit applications within ten business days after any change occurs.
(10) Agencies, network providers, or public infrastructure contractors may apply jointly for permits to work in public rights-of-way at the same time and place.
(11) All permit holders must contact the Building Permits and Inspections Department by email Permits@FerrisTexas.gov at least 48 hours before work begins under the permit.
(12) If no work has begun on a network node permit within 180 days of final approval of the permit, or within 30 calendar days of final approval for a standard right-of-way permit, the permit shall be void, and a new permit shall be required.
(13) A 60-day extension to a permit may be granted if requested by the agency, network provider, or public infrastructure contractor in writing via email to the Building Permits and Inspections Department. Such a request must be made before the permit expires. If no call for the cancellation of a permit, or for an inspection after completion of the work, is received within the 60-day extension period, the permit shall be void, and a new permit shall be required.
(B) Types of permits.
(1) Standard right-of-way permits.
(a) A standard right-of-way permit is required whenever a cut or excavation is made in a public right-of-way by an agency or public infrastructure contractor.
(b) Application for a standard right-of-way permit shall be made no less than two city business days prior to the date of the proposed activity. If the proposed cut or excavation is to be made in the public rights-of-way dedicated to the State of Texas, a city permit is required in addition to any and all permits required by the state or other agencies.
(c) A city permit is required although specific authority has been granted by the engineering department to cut a paved street, curb or alley as a part of a new construction project.
(d) An annual fee for use of the right-of-way and a contract with the city is required. Where such fees are not otherwise determined by franchise or prohibited by state or federal law:
1. Fee per linear foot: $1.50.
2. Fee per street crossing: $1,000.
(e) Late fees may be assessed as allowed by law.
(f) The contract shall determine any inflator for the annual fee, and if the contract expires, the rate in effect on the date of expiry shall be the initial rate for any additional contract terms.
(2) Permits issued under emergency conditions. Any agency, network provider, or public infrastructure contractor maintaining facilities in the public rights-of-way may proceed with repairs upon existing facilities without a permit when emergency circumstances demand that the work be done immediately. The agency, network provider, or public infrastructure contractor doing the work shall notify the engineering department no later than the next business day by telephone or e-mail when an emergency permit is required. A permit application for the proper permit under this section must be submitted and the fee, if any, paid no later than the next business day after the work is commenced.
(3) Standard right-of-way maintenance permits.
(a) A maintenance permit is required whenever work is being done by an agency or infrastructure contractor in or on a major thoroughfare and no cut or excavation is required.
(b) Application for a maintenance permit must be submitted no later than the business day prior to the date of the proposed maintenance work. Applications may be submitted in person or e-mail to the engineering department.
(c) The requirements outlined for permits issued under emergency conditions in division (B)(2) of this section apply to maintenance permits, as do the remaining requirements of this chapter.
(4) Small cell right-of-way permits.
(a) A small cell right-of-way permit is required for network providers. The permit may be for transport facilities, network nodes, or network node support poles.
(b) Fees per application for network nodes, transportation facilities, and poles are the maximum allowed by Tex. Local Govt. Code Ch. 284 or the order, whichever is lower, as further amended.
(c) A small cell maintenance permit is required for any activity in the right- of-way unless an exception in § 96.08(B)(2) applies. A small cell maintenance permit is subject to the same fees, requirements and timeframes as a small cell right-of-way permit.
(d) Transport services. Network providers may obtain transport service from a person or entity that is paying city fees to occupy the public right-of-way that are equivalent to transport fees stated in § 96.15(B). If third-party transport services are used, the network provider must identify the third-party provider, and provide documentation, at the time of filing the application, that the third-party
transport service provider is paying city fees and that the network provider has received written permission to use such transport services for the specific address.
(e) Collocation on a service pole. An applicant proposing collocation on a city-owned service pole must submit a copy of the signed agreement with the city allowing the collocation on the city-owned service pole located at a specific address at the time of filing the permit application.
(f) Installation of network node. For purposes of determining annual and monthly fees for wireless facilities under § 96.15(A), the city will assume installation of the facilities six months from the date the permit is approved.
(g) Application completeness; timeframe. Not later than the tenth day after the date of receipt of an application for a permit for a transport facility, network node or node support pole, the city shall determine whether the application is materially complete and notify the applicant of that determination. If the city determines that the application is incomplete, the city shall specifically identify the missing information in the notification to the applicant, with reference to the specific rule or regulation requiring the information.
(h) Approval or denial of application; timeframe. Unless the time periods herein are tolled or extended by written agreement between the city and the applicant, the city will approve or deny applications according to the following:
1. For applications for one or more new node support poles, no later than the ninetieth day after the date of receipt of a materially complete application;
2. For applications for one or more network nodes on existing poles or structures, no later than the sixtieth day after the date of receipt of a materially complete application;
3. For applications to install network nodes on a mixture of existing and new poles, no later than the ninetieth day after the date of receipt of a materially complete application; and
4. For a transport facility, no later than the twenty-first day after the date of receipt of a materially complete application.
(i) Tolling of timeframe. If the city has notified the applicant that the application is materially incomplete, the timeframe for the city's review is tolled until the applicant provides the required information or documents, as provided in the order.
(j) Documentation for denial. If the city denies a complete application, it must document the basis for the denial, including the specific applicable code provision or other municipal rule, regulation, or other law on which the denial is based. The city shall send the documentation of the reason for denial by electronic mail to the applicant on or before the date the city denies the application.
(k) Cure after denial. Not later than the thirtieth day 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. Notwithstanding division (h), the city shall approve or deny the revised completed application after a denial not later than the ninetieth day after the date the city receives the completed revised application. The city's review of the revised application is limited to the deficiencies cited in the denial application.
(C) Denial, suspension, or revocation of a permit.
(1) Denial of a permit. A permit may be denied for any one of the following reasons:
(a) The proposed activity will substantially interfere with vehicular or pedestrian traffic and no procedures, or procedures which are inconsistent with this chapter, have been implemented to minimize the interference.
(b) The proposed construction will substantially interfere with another activity for which a permit has been issued or will conflict or interfere with existing facilities already in the public right-of-way.
(c) The proposed barricading, channelizing, signing, warning or other traffic control procedures or equipment do not comply with the requirements of the Texas Manual on Uniform Traffic Control Devices.
(d) The activity or the manner in which it is to be performed will violate a city ordinance or regulation or a state or federal statute or regulation.
(e) The agency, network provider, or public infrastructure contractor requests to cut a city-maintained street that can be crossed by jacking, boring or tunneling.
(f) There is a lack of available space.
(g) The agency, network provider, or public infrastructure contractor:
1. Does not have liability insurance as required by § 96.12;
2. Has consistently failed to perform in accordance with the requirements of this chapter;
3. Has failed to furnish all of the information required by this chapter or, except for good cause shown, to file the applications within the time prescribed by this chapter;
4. Has misrepresented or falsified any information in the applications;
5. Has failed to comply with the performance warranty/guarantee as provided in this chapter;
6. Is not in compliance with applicable requirements of an existing permit issued under this chapter;
7. Does not have a contractor's license or other required license; or
8. Has not compensated the city, unless the agency, network provider or public infrastructure contractor is not legally obligated to compensate the city by contract, by agreement, or by law for using public property.
(2) Suspension or revocation of a permit. The City Engineer may suspend by stop-work order
or revoke any or all permits granted to allow work in the public rights-of-way on the same grounds on which a permit may be denied under division (C)(1) or for the following reasons and subject to the procedural guidelines noted in this chapter and any agreement that applies to the agency, network provider, or public infrastructure contractor using the public rights-of-way, as well as any limitations imposed by federal or state law:
(a) Failing to comply with an order of the City Engineer;
(b) The recognition that a permit was issued in error;
(c) Failing to comply with restrictions or requirements placed on the permit by the City Engineer;
(d) The City Manager reasonably determines that the disconnection, removal, or relocation of equipment:
1. Is necessary to protect the public health, safety, welfare, or city property;
2, Equipment, or portion thereof, is adversely affecting proper operation of streetlights or city property; or
3. There is imminent danger to the public.
(e) Violating any provision of this chapter.
(3) The City Engineer shall provide written notice of a denial, suspension or revocation to the agency, network provider, or public infrastructure contractor. Construction that is suspended may not resume until the City Engineer determines that the agency, network provider, or public infrastructure contractor has corrected the violation, noncompliance, or hazard that caused the suspension.
(4) A permit that was revoked due to failure to comply with an order of the City Engineer, failure to comply with the restrictions or requirements placed upon the permit by the City Engineer, a violation of this chapter, or for public health, safety or welfare reasons may be reinstated by the City Engineer if the City Engineer determines that:
(a) The agency, network provider, or public infrastructure contractor has corrected the violation, noncompliance, or hazard that caused the revocation or denial; and
(b) The health, safety and welfare of the public is not jeopardized by reinstating or issuing the permit.
(5) An agency or public infrastructure contractor may appeal a permit denial, suspension, or revocation in accordance with the provisions of § 96.11.
(Ord. O-23-978, passed 7-17-2023)