§ 57.32  PROHIBITED AND PREFERRED LOCATIONS OF MICRO NETWORK NODE, NETWORK NODE, NODE SUPPORT POLE AND RELATED GROUND EQUIPMENT.
   (A)   Prohibited or restricted areas for certain wireless facilities, except with separate city agreement or subject to concealment conditions.
      (1)   Municipal parks and residential areas. In accordance with Tex. Local Gov't Code, § 284.104(a), a network provider may not install a node support pole in a public right-of-way without the city's discretionary, nondiscriminatory, and written consent if the public right-of- way is in a municipal park or is adjacent to a street or thoroughfare that is:
         (a)   Not more than 50 feet wide of paved street surface, being the area measured as the shortest distance between the inside of the curb to the inside of the opposite curb, or the area measured as the shortest distance between the two parallel edges of the paved roadway for vehicular travel where there is no curb; and
         (b)   Adjacent to single-family residential lots or other multifamily residences or undeveloped land that is designated for residential use by zoning or deed restrictions.
         (c)   In accordance with Tex. Local Gov't Code, § 284.104(b), a network provider installing a network node or node support pole in a public right-of-way described above shall comply with private deed restrictions and other private restrictions in the area that apply to those facilities.
   Each permit application shall disclose if it is within a municipal park and residential areas as described above.
      (2)   Historic district and design districts. In accordance with Tex. Local Gov't Code, § 284.105, a network provider must obtain advance written approval from the city before collocating network nodes or installing node support poles in  a design district with decorative poles or in an area of the city zoned or otherwise designated as a design district or historic district.
         (a)   As a condition for approval of network nodes or node support poles in design districts with decorative poles or in a historic district, the city shall require reasonable design or concealment measures for the network nodes or node support poles. Therefore, any request for installations in a design district with decorative poles or in a historic district, must be accompanied with proposed concealment measures in the permit applications.
         (b)   The city request that a network provider explore the feasibility of using camouflage measures to improve the aesthetics of the network nodes, node support poles, or related ground equipment, or any portion of the nodes, poles, or equipment, to minimize the impact to the aesthetics in design districts or in an historic district.
         (c)   Network provider shall comply with and observe all applicable city, state, and federal historic preservation laws and requirements.
         (d)   Each permit application shall disclose if it is within a design district with decorative poles or in an area of the city-zoned or  otherwise designated as a design district or historic district.
      (3)   Historic landmarks. A network provider is discouraged from installing a network node or node support pole within 300 feet of a historic site or structure or historic landmark recognized by the city, state or federal government (see, for example, and not limited to Tex. Local Gov't Code, § 442.001(3), and 16 U.S.C. § 470), as of the date of the submission of the permit. It is recommended that each permit application disclose if it is with 300 feet of such a structure.
      (4)   Compliance with undergrounding requirements. In accordance with Tex. Local Gov't Code, § 284.107, a network provider shall comply with nondiscriminatory undergrounding requirements, including 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 without first obtaining zoning or land use approval.
         (a)   Areas may be designated from time to time by the city as underground requirement Areas in accordance with filed plats, and or conversions of overhead to underground areas, as may be allowed by law.
         (b)   Each permit application shall disclose if it is within an area that has undergrounding requirements.
   (B)   Least preferable locations.
      (1)   Residential areas and parks. A network provider is discouraged from installing a network node on an existing pole in a public right-of-way without written consent from the City Council if the public right-of-way is located in or adjacent to a street or thoroughfare that is adjacent to a municipal park or single-family residential lots or other multifamily residences or undeveloped land that is designated for residential use by zoning or deed restrictions. In accordance with Tex. Local Gov't Code, § 284.104(b) a network provider installing a network node or a node support pole in a public right-of-way shall comply with private deed restrictions and other private restrictions in the area that apply to those facilities.
      (2)   Historic districts and design districts. A network provider is discouraged from installing a network node or a node support pole in the public right-of-way in any area designated by the city as a design districts or in an area of the city zoned or otherwise designated as a historic district unless such a network node or a new node support pole is camouflaged.
   (C)   Most preferable locations.
      (1)   Industrial areas if not adjacent to a municipal park, residential area, historic district or design district.
      (2)   Highway rights-of-way areas if not adjacent to a municipal park, residential area, historic district or design district.
      (3)   Retail and commercial areas if not adjacent to a municipal park, residential area, historic district or design district.
   (D)   Designated areas.
      (1)   The City Council may designate an area as a historic district or a design district under Tex. Local Gov't Code, § 284.105 at any time.
      (2)   Currently designated design district areas are:
         (a)   Design District Number 1 is the area referred to as the Towne Center Overlay District.
         (b)   Its boundaries set forth in in Exhibit A of Ordinance 040108, a copy of which is incorporated herein by reference.
      (3)   The failure to designate an area in this chapter shall not mean that such an area is not within a defined district, if so designated by the City Council. Future areas may be designated as one of these districts at any time. Such a designation does not require a zoning case.
      (4)   While not required under Tex. Local Gov't Code, Chapter 284 to designate underground compliance areas to prohibit above ground wireless facilities, the city may also, from time to time, also designate underground compliance areas.
      (5)   Currently designated underground compliance areas are:
         (a)   Underground compliance area number 1 is the area referred to as reference in the City of Heath Engineering Standards § 1.6 “Utilities to be Underground.” Its boundaries are: all residential development within the city and commercial developments unless overhead utilities are approved by the City Council.
         (b)   Network providers shall comply with § 50.01 of Chapter 50 "Utilities" of Title V, "Public Works" of the Code of Ordinances.
   (E)   Exceptions. The city by its discretionary consent and agreement may grant exception to the above prohibited locations and sizes, but only in a non-exclusive, and non-discriminatory manner, as allowed or required by Tex. Local Gov't Code, § 284.109 and § 284.110.
   (F)   Order of preference regarding network node attachment to existing facilities and new node support poles.
      (1)   Existing telephone or electrical lines between existing utility poles. Micro network nodes shall only be lashed on existing communication lines between existing utility poles (electric poles or telephones poles), with notice to the pole owner as required by the Federal Pole Attachment Act, and not placed on utility poles, node support poles or service poles.
      (2)   Existing utility poles (electric poles or telephones poles), shall be the preferred support facility for network nodes and related ground equipment.
      (3)   Municipal service poles:
         (a)   Non-decorative street lights with a height of more than 20 feet.
         (b)   Traffic signal structures when such installation will not interfere with the integrity of the facility and will not interfere with the safety of public and in accordance with an agreement as allowed by Tex. Local Gov't Code, § 285.056 and § 284.101(a)(3), and (b).
         (c)   Street signage shall be a low priority use for attachment of a network node.
         (d)   Other municipal service pole use is discouraged.
      (4)   New node support poles shall be the least preferred type of allowed facility for attachment of network nodes.
      (5)   Ground equipment. Ground equipment should be minimal and the least intrusive.
(Ord. 170822B, passed 8-22-2017)