§ 57.31  DEFINITIONS.
   The definitions as used in Tex. Loc. Gov. Code, § 284.002 shall be used in this design manual, unless otherwise noted in this section, below.
   ABANDON. and its derivatives The facilities installed in the right-of-way (including by way of example but not limited to: poles, wires, conduit, manholes, handholes, cuts, network nodes and node support poles, or portion thereof) that have been left by provider in an unused or nonfunctioning condition for more than 120 consecutive calendar days unless, after notice to provider, provider has established to the reasonable satisfaction of the city that the applicable facilities, or portion thereof, is still in active use.
   ANTENNA. Communications equipment that transmits or receives electromagnetic radio frequency signals used in the provision of wireless services.
   APPLICABLE CODES.
      (1)   Uniform building, fire, electrical, plumbing, or mechanical codes adopted by a recognized national code organization; and
      (2)   local amendments to those codes to the extent not inconsistent with Tex. Local Gov't Code, Chapter 284.
   CITY. The City of Heath, Texas or its lawful successor.
   CITY MANAGER. City Manager or designee Chapter 284 means Tex. Loc. Gov. Code, Chapter 284.
   COLLOCATE AND COLLOCATION. 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. 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 Tex. Local Gov't Code, § 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. 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. 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.
   DISASTER EMERGENCY OR DISASTER OR EMERGENCY. An imminent, impending, or actual natural or humanly induced situation wherein the health, safety, or welfare of the residents of the city is threatened, and includes, but is not limited to any declaration of emergency by city state or federal governmental authorities.
   DISTRIBUTED ANTENNA SYSTEM OR DAS. Included as a type of NETWORK NODE.
   EASEMENT. 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.
   FEDERAL COMMUNICATIONS COMMISSION OR FCC. The Federal Administrative Agency, or lawful successor, authorized to oversee cable television and other multi-channel regulation on a national level.
   HIGHWAY RIGHT-OF-WAY. Right-of-way adjacent to a state or federal highway.
   HISTORIC DISTRICT. An area that is zoned or otherwise designated as a historic district under municipal, state, or federal law.
   LAW. Common law or a federal, state, or local law, statute, code, rule, regulation, order, or ordinance.
   LOCAL. Within the geographical boundaries of the city.
   LOCATION. The city-approved and lawfully permitted location for the network node.
   MACRO TOWER. A guyed or self-supported pole or monopole greater than the height parameters prescribed by Tex. Local Gov't Code, § 284.103 and that supports or is capable of supporting antennas.
   MAYOR. The Mayor for the city.
   MICRO NETWORK NODE. 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. An area that is zoned or otherwise designated by municipal code as a public park for the purpose of recreational activity.
   MUNICIPALLY OWNED UTILITY POLE. A utility pole owned or operated by a municipally owned utility, as defined by Tex. Util. Code § 11.003, and located in a public right-of-way.
   MUTCD. Manual of Uniform Traffic Control Devices.
   NETWORK NODE. Equipment at a fixed location that enables wireless communications between user equipment and a communications network. The term includes:
      (1)   Equipment associated with wireless communications;
      (2)   A radio transceiver, an antenna, a battery-only backup power supply, and comparable equipment, regardless of technological configuration; and
      (3)   Coaxial or fiber-optic cable that is immediately adjacent to and directly associated with a particular collocation; and does not include:
         (a)   An electric generator;
         (b)   A pole; or
         (c)   A macro tower.
   NETWORK PROVIDER.
      (1)   A wireless service provider; or
      (2)   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:
         (a)   Network nodes; or
         (b)   Node support poles or any other structure that supports or is capable of supporting a network node.
   NODE SUPPORT POLE. A pole installed by a network provider for the primary purpose of supporting a network node.
   PERMIT. A written authorization for the use of the public right-of-way or collocation on a service pole required from a municipality before a network provider may perform an action or initiate, continue, or complete a project over which the municipality has police power authority.
   POLE. A service pole, municipally owned utility pole, node support pole, or utility pole.
   PRIVATE EASEMENT. An easement or other real property right that is only for the benefit of the grantor and grantee and their successors and assigns.
   PROVIDER. Has the same meaning as NETWORK PROVIDER.
   PUBLIC RIGHT-OF-WAY. The area on, below, or above a public roadway, highway, street, public sidewalk, alley, waterway, or utility easement in which the municipality has an interest. The term does not include:
      (1)   A private easement; or
      (2)   The airwaves above a public right-of-way with regard to wireless telecommunications.
   RIGHT-OF-WAY MANAGEMENT ORDINANCE OR PUBLIC RIGHT-OF-WAY MANAGEMENT ORDINANCE. An ordinance of the city that complies with Tex. Local Gov't Code, Chapter 284(C).
   SERVICE POLE. A pole, other than a municipally owned utility pole, owned or operated by a municipality and located in a public right-of-way, including:
      (1)   A pole that supports traffic control functions;
      (2)   A structure for signage;
      (3)   A pole that supports lighting, other than a decorative pole; and
      (4)   A pole or similar structure owned or operated by a municipality and supporting only network nodes.
   SMALL CELL. Shall be included as a type of NETWORK NODE.
   STREET. Only the paved portion 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 generally part of, but smaller in width than the width of the entire right-of-way, 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.
   SWPPP. Storm Water Pollution Prevention Plan.
   TAS. Texas Accessibility Standards.
   TRAFFIC SIGNAL. Any device, whether manually, electrically, or mechanically operated by which traffic is alternately directed to stop and to proceed.
   TRANSPORT FACILITY. 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. 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, 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. 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.
   UTILITY POLE. A pole that provides:
      (1)   Electric distribution with a voltage rating of not more than 34.5 kilovolts; or
      (2)   Services of a telecommunications provider, as defined by Tex. Local Gov't Code, Chapter 284, Tex. Util. Code § 51.002.
   WIRELESS SERVICE. 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. A person that provides wireless service to the public.
   WIRELESS FACILITIES. "Micro Network nodes," "Network nodes," and "Node Support Poles” as defined in Tex. Local Gov't Code, Chapter 284.
(Ord. 170822B, passed 8-22-2017)