§ 57.33  GUIDELINES ON PLACEMENT.
   (A)   Generally. In accordance with Tex. Local Gov't Code, § 284.102, a network provider shall construct and maintain network nodes and node support poles 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 nondiscriminatory applicable codes;
      (4)   Violate or conflict with the municipality's publicly disclosed public right-of-way management ordinance or this design manual.
      (5)   Violate the federal Americans with Disabilities Act of 1990 (42 U.S.C. § 12101 et seq.).
   (B)   General requirements and information.
      (1)   Size limits. Network providers shall provide detailed drawings, with calculations to show strict conformity to the size limitations as set forth in Tex. Local Gov't Code, Chapter 284, in accordance with, but not limited to Tex. Local Gov't Code, § 284.002, size of a micro network node, Tex. Local Gov't Code, § 284.003, size of network nodes, and Tex. Local Gov't Code, § 284.103, max. pole height, with each application and with each request for a permit for each location.
      (2)   State and federal rights-of-way permit. If the project lies within a highway right-of-way, the applicant must provide evidence of a permit from the state or federal government.
      (3)   Confirmation of non-interference with city safety communication networks.
         (a)   The network provider needs to provide analysis that the proposed network node shall not cause any interference with city public safety radio system, traffic signal light system, or other city safety communications components in accordance with Tex. Local Gov't Code, § 284.304.
         (b)   It shall be the responsibility of the network provider to evaluate, prior to making application for permit, the compatibility between the existing city infrastructure and provider's proposed network node. A network node shall not be installed in a location that causes any interference. Network nodes shall not be allowed on city's public safety radio infrastructure.
      (4)   Improperly located network node facilities, node support poles and related ground equipment:
         (a)   Improperly located network node facilities, node support poles and related ground equipment shall not impede pedestrian or vehicular traffic in the right-of-way.
         (b)   If any network node facilities, node support poles or ground equipment is installed in a location that is not in accordance with the plans approved by the City Manager and impedes pedestrian or vehicular traffic or does not comply or otherwise renders the right-of-way non-compliant with applicable laws, including the Americans with Disabilities Act, then network provider shall promptly remove the network node facilities, node support poles or ground equipment.
   (C)   Underground requirement areas.
      (1)   In accordance with Tex. Local Gov't Code, § 284.107, a network provider shall, in relation to installation for which the city approved a permit application, 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.
      (2)   If a location is designated by the city to transition to be an underground requirement area, then a network provider's permit for the location of the micro network node, network node, node support pole, and related ground equipment at such location will be revoked 90 days after the designation, with removal of said the micro network node, network node, node support pole, and related ground equipment at such location within 90 days of such designation, or as otherwise reasonably allowed by the city for the transition of other overhead facilities.
   (D)   Network node facilities placement.
      (1)   Right-of-way. Network node facilities, node support poles and related ground equipment shall be placed, as much as possible, within two feet of the outer edge of the right-of-way line to minimize any obstruction, impediment, or hindrance to the usual travel or public safety on a public right-of-way.
      (2)   Height above ground. Network node attachments to a pole shall be installed at least eight feet above the ground in accordance with Tex. Local Gov't Code, § 284.108, and if a network node attachment 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 the ground.
      (3)   Protrusions. In accordance with Tex. Local Gov't Code, § 284.003(a)(1)(C), Tex. Local Gov't Code, § 284.003(a)(2)(C) and Tex. Local Gov't Code, § 284.003 (a)(3)(B) no protrusion from the outer circumference of the existing structure or pole shall be more than two feet.
      (4)   Limit on number of network nodes per site. There shall be no more than one network node on any one pole.
   (E)   New node support poles.
      (1)   New node support poles spacing. New node support poles shall be spaced apart from existing utility poles or node support poles at the same as the spacing between utility poles in the immediate proximity, but no less than at a minimum 300 feet from a utility pole or another node support pole to minimize the hazard of poles adjacent to road ways and to minimize effect on property values and aesthetics on the area.
      (2)   Height of node support poles or modified utility pole. In accordance with Tex. Local Gov't Code, § 284.103 a node support pole or modified utility pole 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-five feet above ground level.
   (F)   Ground equipment.
      (1)   Ground equipment near street corners and intersections. Ground equipment should be minimal and the least intrusive. In accordance with Tex. Local Gov't Code, § 284.102(1), to minimize any obstruction, impediment, or hindrance to the usual travel or public safety on a public right-of-way the maximum line of sight required to add to safe travel of vehicular and pedestrian traffic and in order to maximize that line of sight at street comers and intersections and to minimize hazards at those locations, ground equipment may not be installed within 250 feet of a street corner or a street intersection.
      (2)   Ground equipment near municipal parks. For the safety of municipal park patrons, particularly small children, and to allow full line of sights near municipal park property, the network provider shall not install ground equipment in a right-of-way that is within a park or within 250 feet of the boundary line of a park, unless approved by the City Manager in writing.
      (3)   Minimize ground equipment density. To enhance the safety requirements of line of sight of pedestrians, particularly small children, all Locations shall meet the requirements set forth in the city's right-of-way ordinance and this design manual.
   (G)   Municipal service poles.
      (1)   In accordance with agreement. Installations on all service poles shall be in accordance with an agreement as allowed by Tex. Local Gov't Code, § 285.056 and Tex. Local Gov't Code, § 284.101(a)(3), and (b).
      (2)   Required industry standard pole load analysis. Installations on all service poles shall have an industry standard pole load analysis completed and submitted to the municipality with each permit application indicating that the service pole to which the network node is to be attached will safely support the load, in accordance with Tex. Local Gov't Code, § 284.108.
      (3)   Height of attachments. All attachments on all service poles shall be at least eight feet above grade, in accordance with Tex. Local Gov't Code, § 285.108(a)(1) - (2) and if a network node attachment 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 the ground.
      (4)   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 and must be in accordance with an agreement as allowed by Tex. Local Gov't Code, § 285.056 and Tex. Local Gov't Code, § 284.101(a)(3) and (b). Installation of network node facilities on any traffic signal structures shall:
         (a)   Be encased in a separate conduit than the traffic light electronics;
         (b)   Have a separate electric power connection than the traffic signal structure; and
         (c)   Have a separate access point than the traffic signal structure.
      (5)   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 structures that has electrics shall:
         (a)   Be encased in a separate conduit than any city signage electronics;
         (b)   Have a separate electric power connection than the signage structure;
         (c)   Have a separate access point than the signage structure; and
(Ord. 170822B, passed 8-22-2017)