These provisions apply to all facilities, including those of franchise utilities, unless specifically contradicted in the franchise agreement.
(A) Location in right-of-way, generally. Facilities and related ground equipment shall be placed within two-feet from the outer edge of the right-of-way line and three-feet from back of curb to minimize any obstruction, impediment, or hindrance to the usual travel or public safety on a public right-of-way, unless on an existing pole.
(B) Location in right-of-way, new development. All facilities in new developments shall be located in accordance with Exhibits 1, 2, 3 and 4, unless an alternative location has been approved by the City Engineer. Such utility locations are hereby adopted as standard locations for facilities in new developments. The intent of these items is that they serve as a standard, not only to agencies, network providers, and public infrastructure contractors working under city permit, but also to all city agencies whose routine business requires the installation, repair or relocation of utilities.
(C) Location in right-of-way, existing development. New facilities to be installed in previously developed streets should be located as in Exhibits 1, 2, 3 and 4. If that location is already being used by another facility, the new facility shall be located such that it does not interfere with other facilities, both existing and future. No new facilities shall be located longitudinally in a median or under existing or proposed pavement, unless permitted by the City Engineer.
(D) New poles.
(1) Materials. Poles located in medians must be constructed of steel or concrete, or other material approved by the City Engineer. Wood poles are prohibited.
(2) Pole height. New poles or modified utility poles may not exceed the lesser of:
(a) Ten feet in height above the tallest existing utility pole located within 500 linear feet of the new pole in the same public right-of-way; or
(b) Fifty feet above grade level for freeway signs.
(3) Pole spacing. In order to avoid congestion of right-of-way caused by multiple pole installations, minimize the hazard of poles adjacent to roadways, minimize the effect on property values, and to maintain the aesthetics of the area by avoiding the negative impact on the public of unsightly proliferation of poles in the right-of-way, poles shall be spaced as provided herein. New poles, including new utility service poles, shall be spaced apart from existing utility poles or node support poles at the same distance as the spacing between utility poles in the immediate proximity, but no less than at a minimum 150-feet from a utility pole or another node support pole. New poles must be ten feet from a driveway, 12-feet from the dripline of existing trees, 15-feet from a pedestrian ramp, 20-feet from a traffic signal pole, and 18-inches from the paved area of a sidewalk. In non-residential zoning districts, facilities shall be located between tenant spaces, storefront bays or adjoining properties where their shared property lines intersect the right-of-way. In residential zoning districts, facilities shall be located where the shared property line between two residential parcels intersects the right-of- way. Access by vehicles or pedestrians may not be blocked by poles.
(E) Attachments to city-owned service poles.
(1) In accordance with agreement. Installations on all service poles are restricted to network providers and shall be in accordance with an agreement. The Director of Public Works or designee may enter into these agreements on behalf of the city.
(2) No electrical meters are allowed on service poles or screening walls.
(3) Required industry-standard pole load analysis. For proposed installations on service poles network provider shall complete and submit to the city an industry-standard pole load analysis indicating that the service pole to which the network node is to be attached will safely support the load.
(4) Height of attachments. All attachments on all service poles shall be at least eight feet above grade. If a network node attachment projects toward the street, for the safety and protection of the public and vehicular traffic, the attachment shall be installed no less than 16-feet above grade.
(5) Installations on traffic signals. Installations on all traffic signal structures must not interfere with the integrity of the facility in any way that may compromise the safety of the public. Location on signal arms is prohibited. Installation of network node facilities on any traffic signal structures shall:
(a) Be encased in a conduit separate from the traffic light electronics;
(b) Have an electric power connection separate from the traffic signal structure; and
(c) Have an access point separate from the traffic signal structure.
(6) Installations on street signage. Installations on all street signage structures must not interfere with the integrity of the facility in any way that may compromise the safety of the public. Installation of network node facilities on any street signage structure that has electronic equipment shall:
(a) Be encased in a conduit separate from any city signage electronics;
(b) Have an electric power connection separate from the signage structure; and
(c) Have an access point separate from the signage structure.
(F) Height of equipment mounted on poles. Pole-mounted facilities shall be installed at least eight-feet above grade, and if a facility is projecting toward the street, for the safety and protection of the public and vehicular traffic, the attachment shall be installed no less than 16-feet above grade.
(G) Protrusion of equipment. Pole-mounted or structure-mounted facilities shall not protrude from the outer circumference of the existing structure or pole by more than two feet.
(H) Size of pole-mounted equipment. Pole-mounted enclosures may not be taller than five feet. The following types of associated ancillary equipment are not included in the calculation of equipment volume: electric meters, concealment elements, telecommunications demarcation boxes, grounding equipment, power transfer switches, cut-off switches and vertical cable runs for the connection of power and other services.
(I) Antenna size. Each antenna that does not have exposed elements and is attached to an existing structure or pole: must be located inside an enclosure of not more than six cubic feet in volume; may not exceed a height of three feet above the existing structure or poles or extend the height of the structure on which it is mounted by more than 10% above the preexisting height; and may not protrude from the outer circumference of the existing structure or pole by more than two feet. If an antenna has exposed elements and is attached to an existing structure or pole, the antenna and all of the antenna's exposed elements: must fit within an imaginary enclosure of not more than six cubic feet; may not exceed a height of three-feet above the existing structure or pole or extend the height of the structure on which it is mounted by more than 10% above the preexisting height; and may not protrude from the outer circumference of the existing structure or pole by more than two feet. Antennas with exposed elements must be mounted flush with the pole near the top. The cumulative size of other equipment associated with the equipment attached to an existing structure or pole may not: be more than 28 cubic feet in volume.
(J) Limitation on equipment on poles. There shall be no more than one network node on any one pole.
(K) Private pole owner permission. Network providers must have written approval of the utility pole
owner for each specific pole address and location on such pole. Written permission must be submitted with the application for a right-of-way permit.
(L) Electric code. All poles must meet National Electric Code clearance standards. Equipment attached to a utility pole must be installed in accordance with the National Electrical Safety Code, subject to applicable codes, and the utility pole owner's construction standards.
(M) Existing telephone or electrical lines between existing utility poles. Micro network nodes lashed on existing telephone or electrical lines between existing utility poles and not placed on utility poles, node support poles or service poles, are exempted from the requirements for submitting a right-of-way application, obtaining a right-of-way permit, and payment of a right-of-way access fee.
(N) Prohibition on overhead facilities and overhead transport facilities. In order to protect, maintain, and promote the appearance and natural surroundings in public parks and certain residential areas by avoiding the negative impact on the public of unsightly proliferation of poles in the right-of-way, facilities may not be installed overhead in a public right-of-way if the public right-of-way is in a park or is adjacent to a street or thoroughfare that is both Class E+ or smaller and is in an area zoned residential or restricted to residential use by deed restrictions. All transport facilities must be underground in the above-mentioned areas. Underground facilities are required for standard permit holders along Type D or smaller thoroughfares.
(O) Underground construction and use of poles. As required by the subdivision ordinance of the city, and the comprehensive zoning ordinance as it relates to overlay districts, and when required by general ordinances, deed restrictions, regulations or rules of the city or applicable state or federal law, and in order to protect, maintain, and promote the appearance of areas within the city that have been designated as underground areas, to promote and protect the public health by avoiding the intangible public harm or unsightly or out-of-character deployments, the agency's, network provider's, or public infrastructure contractor's new facilities shall be placed underground at agency's, network provider's, or public infrastructure contractor's expense. Underground facilities must be buried at least two-feet below surface level. Placing facilities underground does not preclude the use of otherwise acceptable ground- mounted equipment appurtenant to underground facilities, unless such ground-mounted equipment is otherwise prohibited. Related equipment, such as pedestals, must be placed in accordance with the city's applicable code requirements and rules, including all visibility easement requirements. In areas where existing facilities are aerial, the agency, network provider, or public infrastructure contractor may install aerial facilities. If a location is designated by the city to be an underground requirement area, then an agency's or network provider's permit for the location of the facilities, at such location will be revoked 90 calendar days after the designation, with removal of said facilities at such location within 90 calendar days of such designation, or as otherwise reasonably allowed by the city for the transition of other overhead facilities. Placement of street-related poles and facilities above grade in the right-of- way, including but not limited to stop signs and street lights, does not preclude an area from designation as an area requiring undergrounding and placement of facilities on street-related poles in an area requiring undergrounding is prohibited.
(P) Ground equipment, parks and public art. For the safety of park patrons, particularly small children, to preserve the investment made by the community in parks and public art, to protect, maintain, and promote the appearance and natural surroundings in public parks by avoiding the negative impact on the public of out-of-character deployments, and to allow full lines-of-sight near park property and public art, no ground equipment may be installed in a right-of-way that is within a park, within 250-feet of the boundary line of a park, or within 250-feet of public art.
(Q) Ground equipment, generally. Ground equipment shall be minimal and the least intrusive. In order to minimize negative visual impact to the surrounding area, and to enhance the safety requirements of line of sight of pedestrians, particularly small children, the City Engineer may deny a request for a permit for a proposed location of ground equipment where existing ground equipment within 300-feet already occupies a footprint of 28 cubic feet or more to minimize effect on property values and aesthetics on the area. Ground equipment shall be of a neutral color, and use exterior building materials that are compatible with surrounding structures, as determined by the Planning Director.
(R) Ground enclosure size. Ground-based enclosures for network nodes and standard right- of-way permits, separate from the pole, may not be more than 28 cubic feet. For standard permit holders, ground-based enclosures shall be no larger than six-feet wide, four-feet two-inches high by two-feet deep. Any larger facilities must be placed on private property and comply with all requirements of the city's building code and comprehensive zoning ordinance, including receipt of a building permit prior to installation.
(S) Concealment and enclosure, generally. Facilities shall be concealed or enclosed as much as reasonably possible in an equipment box, cabinet, or other unit that may include ventilation openings. External cables and wires hanging off a pole shall be sheathed or enclosed in a conduit, so that wires are protected and not visible or visually minimized. Guy wires, anchors, pedestals, boxes, and other above grade facilities shall not fully or partially encroach within a sidewalk area, including a clear vertical clearance of seven and one-half feet above the sidewalk.
(T) Preserve sight visibility and access. No above-ground facilities shall be located closer than three feet from the back of street curbs or edge of alley or within the sight visibility area. Accessibility to property may not be compromised by above-ground facilities except during construction.
(U) Design and historic district criteria. Stealth or concealment of facilities and poles shall be required by the city in design districts with decorative poles, in historic districts, and within 300 feet of a historic site or structure or historic landmark recognized by the city, state or federal government. Applications for placement of facilities in a design district with decorative poles or historic district must include proposed stealth or concealment measures. Total enclosure of antennas and other facilities within a pole may be required. The Planning Director will review and determine the suitability of the proposed stealth or concealment measures as part of the right-of-way permit review process. The Planning Director will also determine conformance with the downtown heritage resource district design standards for all properties within a heritage district and determine conformance with all other applicable zoning requirements for all facilities in a design district with decorative poles or historic district. Micro network nodes may not be lashed on lines in a design district with decorative poles, a historic district, a residential district with minor arterial streets or smaller, or an area adjacent to a park.
(1) Design districts within the city are:
(a) Planned Development (PD) districts that overlay any of the above-listed standard zoning districts; and
(b) Freestanding Planned Development (PD) districts that contain decorative poles, as those districts may be amended.
(2) Historic districts within the city are:
(a) Old (Original) Town District (OTS); and
(b) Residential Historic Overlay District as such overlay/zoning may be amended.
(3) Any structures or areas within both a design district and a historic district must meet the requirements for both designations.
(V) Utility easements. Above-ground facilities and poles are prohibited in a utility easement if such utility easement is not adjacent to and parallel with a public way, except with the written permission of the underlying fee owner. The city may rely upon county appraisal records to determine the ownership of the fee interest in the property. Poles must be spaced 300-feet or more from any existing pole. Applications for permit under § 96.09(B) must be accompanied by a site plan. All other requirements of this chapter apply.
(W) Colors. In order to avoid or remedy the intangible public harm of unsightly or out-of-character deployments, all equipment mounted on a pole, including antennas, must match the color of the pole. Colors for all facilities in historic districts must be in accordance with the city heritage resource district design guidelines. Colors in design districts with decorative poles must be approved by the Planning Director.
(X) Temporary utilities. Temporary utilities may be located in non-standard locations.
(Y) General construction and maintenance requirements. Facilities and poles shall be constructed and maintained in a manner that does not:
(1) Obstruct, impede, or hinder the usual travel or public safety on a public right-of- way;
(2) Obstruct the legal use of a public right-of-way by other utility providers;
(3) Violate applicable codes, statutes, historic preservation laws, or other law;
(4) Interfere with the city's public safety infrastructure;
(5) Violate or conflict with this chapter; or
(6) Violate the federal Americans with Disabilities Act of 1990 (42 U.S.C. §§ 12101 et seq.) and the Texas Accessibility Standards.
(Z) Compliance with AASHTO. All facilities in the right-of-way must meet the requirements and guidelines outlined in the AASHTO Roadside Design Guide in effect at the time of application.
(Ord. O-23-978, passed 7-17-2023)