HomeMy WebLinkAboutOrd 834 Amending Chapter 78 Adding Chapter 79 Right of Way Management TOWN OF WESTLAKE
ORDINANCE NO. 834
AN ORDINANCE ADDING CHAPTER 79 ENTITLED "RIGHT-OF-WAY
MANAGEMENT" OF THE CODE OF ORDINANCES OF THE TOWN OF WESTLAKE,
TEXAS BY REPEALING SECTIONS 78-31 THROUGH 78-40 OF ARTICLE II OF
CHAPTER 78 AND BY ADDING THE FOLLOWING CHAPTER 79 "RIGHT-OF-WAY
MANAGEMENT" PROVIDING FOR DEFINITIONS, PROVIDING FOR
UNAUTHORIZED USE OF THE PUBLIC RIGHT-OF-WAY; PROVIDING FOR
AUTHORIZATION, REGISTRATION, COMPENSATION AND FEES;
CONSTRUCTION PERMITS; PROVIDING FOR CONSTRUCTION AND
MAINTENANCE STANDARDS; PROVIDING FOR PLANS OF RECORD; PROVIDING
FOR CONFORMANCE WITH PUBLIC IMPROVEMENTS; PROVIDING FOR
IMPROPERLY INSTALLED FACILITIES; PROVIDING FOR RESTORATION OF
PROPERTY; PROVIDING FOR REVOCATION OR DENIAL OF PERMIT;
PROVIDING FOR APPEAL FROM REVOCATION OR DENIAL OF PERMIT;
PROVIDING FOR INSPECTIONS; PROVIDING FOR ABANDONED FACILITIES;
PROVIDING THAT UNDERGROUND INSTALLATION PREFERRED; PROVIDING
FOR AS BUILT MAPS AND RECORDS; PROVIDING FOR COURTESY AND PROPER
PERFORMANCE; PROVIDING FOR DRUG POLICY; PROVIDING FOR TREE
MAINTENANCE; PROVIDING FOR SIGNAGE; PROVIDING FOR GRAFFITI
ABATEMENT; PROVIDING FOR ALTERNATE MEANS OR METHOD; WAIVER;
PROVIDING FOR ORDERLY USE OF THE RIGHT-OF-WAY BY MULTIPLE USERS;
PROVIDING FOR A DESIGN MANUAL; PROVIDING FOR PROHIBITED OR
RESTRICTED AREAS FOR WIRELESS FACILITIES IN THE RIGHT-OF-WAY;
PROVIDING FOR PREFERRED LOCATIONS; PROVIDING FOR ORDER OF
PREFERENCE REGARDING ATTACHMENT TO EXISTING FACILITIES;
PROVIDING FOR PLACEMENT REQUIREMENTS; PROVIDING FOR
CAMOUFLAGE REQUIRED WHEN POSSIBLE; PROVIDING FOR GENERAL
REQUIREMENTS; PROVIDING FOR ELECTRICAL SUPPLY; PROVIDING FOR
INSTALLATION AND INSPECTIONS; PROVIDING FOR REQUIREMENTS IN
REGARD TO REMOVAL, REPLACEMENT, MAINTENANCE AND REPAIR;
PROVIDING FOR REQUIREMENTS UPON ABANDONMENT; PROVIDING FOR
GENERAL PROVISIONS; PROVIDING FOR INSURANCE, INDEMNITY, BONDING
AND SECURITY DEPOSITS; PROVIDING FOR DESIGN MANUAL UPDATES;
PROVIDING FOR ADMINISTRATIVE HEARING — REQUEST FOR EXEMPTION;
PROVIDING A SAVINGS CLAUSE; PROVIDING FOR CRIMINAL PENALTIES; AND
AN EFFECTIVE DATE..
WHEREAS, the Town of Westlake finds that the right-of-way, including but not limited
to the streets, sidewalks, and utilities located therein are vital to the everyday life of its citizens,
visitors and businesses; and
WHEREAS,the Town of Westlake finds that there is limited available space in the right-
of-way for the many competing uses of said space; and
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WHEREAS, the Town is charged with conserving the limited physical capacity of the
public rights-of-way which are held in public trust by the Town for the benefit of its citizens,
visitors, and businesses; and
WHEREAS, the following regulations are necessary to assist in the management of
facilities placed in, or over the public rights-of-way and in order to minimize the congestion,
inconvenience, visual impact and other adverse effects that can occur during construction in the
rights-of-way, and the manage costs to the citizens resulting from the placement of facilities
within the public rights-of-way; and to govern the use and occupancy of the public rights-of-
way; and
WHEREAS,the following regulations are necessary to preserve the physical integrity of
the streets and highways; and to control the orderly flow of vehicles and pedestrians; and to keep
track of the different entities using the rights-of-way to prevent interference between them; and
to assist on scheduling common trenching and street cuts; and to protect the safety, security,
appearance, and condition of the public rights-of-way; and
WHEREAS, orderly use and management of the rights-of-way is required for economic
development; and
WHEREAS, the following regulations and necessary to preserve and protect the health,
safety and welfare of the Town of Westlake, Texas and its citizens, visitors, travelers, and
businesses.
NOW,THEREFORE,BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF
WESTLAKE,TEXAS:
SECTION 1: That all matters stated hereinabove are found to be true and correct and are
incorporated herein by reference as if copied in their entirety.
SECTION 2: That a new Chapter 79 "Right-of-Way Management" is hereby adopted to
read as follows:
Chapter 79 - RIGHT-OF-WAY MANAGEMENT
ARTICLE I. - GENERAL PROVISIONS
Sec. 79-1. —Title; policy and purpose.
This chapter may be known and cited as the Right-of-Way Management Ordinance for the Town
of Westlake, Texas.
The Town of Westlake enacts these regulations to manage the public right-of-way, to ensure
public health, safety and welfare and to promote the most efficient use of the right of way first
and foremost for the traveling public, and also for water and sewer uses and for utility uses
designed to benefit the citizens of the Town of Westlake, including such uses as have been
recognized in statutory and common law in the State of Texas.
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Sec. 79-2. - Construction; governing law; venue.
This chapter shall be construed under and in accordance with the laws of the State of Texas and
the Town Charter and Town Code to the extent that such Charter and Codes are not in conflict
with or in violation of the Constitution and laws of the United States or the State of Texas. All-
obligations of the parties hereunder are performable in Tarrant County, Texas.
All provisions of this Chapter shall apply to all persons involved with the Right-of-Way, all work
performed therein, any facilities maintained therein or any other matter as applicable.
Sec. 79-3. - Scope.
This chapter shall be effective within the geographical limits of the Town, including any areas
subsequently annexed by the Town.
Sec. 79-4. - Definitions.
The definitions in this section apply to all of Chapter 79.
Abandon and its derivatives means 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 non-
functioning condition for more than 120 consecutive calendar days unless,after notice to Provider,
Provider has established to the reasonable satisfaction of the Town that the applicable facilities, or
portion thereof, is still in active use.
Access line means(A) means, unless the commission adopts a different definition under Section
283.003, a unit of measurement representing: (i) each switched transmission path of the
transmission media that is physically within a public right-of-way extended to the end-use
customer's premises within the municipality, that allows the delivery of local exchange telephone
services within a municipality, and that is provided by means of owned facilities, unbundled
network elements or leased facilities, or resale; (ii) each termination point or points of a
nonswitched telephone or other circuit consisting of transmission media located within a public
right-of-way connecting specific locations identified by, and provided to,the end-use customer for
delivery of nonswitched telecommunications services within the municipality; or (iii) each
switched transmission path within a public right-of-way used to provide central office-based PBX-
type services for systems of any number of stations within the municipality, and in that instance,
one path shall be counted for every 10 stations served; and (B) may not be construed to include
interoffice transport or other transmission media that do not terminate at an end-use customer's
premises or to permit duplicate or multiple assessment of access line rates on the provision of a
single service.
Ancillary means secondary, supporting, or subordinate.
Antenna means communications equipment that transmits or receives electromagnetic radio
frequency signals used in the provision of wireless services.
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Applicable codes means: (A) uniform building, fire, electrical, plumbing, or mechanical codes
adopted by a recognized national code organization; and (B) local amendments to those codes to
the extent not inconsistent with this chapter
Applicant means a person submitting an application or proposal to the Town for a license,
franchise, permit or notice to install facilities or equipment or work in the Right-of-Way.
Application or proposal are synonymous for the purposes of this chapter. An "application" or
"proposal" means the process by which the applicant submits a request and indicates a desire to
be granted a license, permit or franchise for all, or a part, of the Town. An "application" or
"proposal" includes all written documentation, and official statements and representations, in
whatever form, made by an applicant to the Town.
Assignment of an authorization or lramsfer of an aulhorization means any transaction or action
which effectively or actually transfers the authorization or franchise or changes operational or
managerial control from one (1) person or entity to another.
Authorization or Agreement to use the Right-of-Way means a negotiated privilege pursuant to an
agreement between the Town in its discretion and a person, allowing a person to occupy any
portion of a sheet, right-of-way, or easement owned or controlled by the Town, and may be for
a limited period of time or for a specific purpose.
Certificated telecommunications provider means a person who has been issued a certificate of
convenience and necessity, certificate of operating authority, or service provider certificate of
operating authority by the commission to offer local exchange telephone service or a person who
provides voice service.
Collocate and collocation mean the installation, mounting, maintenance, modification, operation,
or replacement of network nodes in a public right-of-way on or adjacent to a pole.
Commission means the Public Utility Commission of Texas.
Communications network means a component or facility that is, wholly or partly, physically
located within a public right-of-way and that is used to provide video programming, cable, voice,
or data services.
Consumer price index means the annual revised consumer price index for all urban consumers for
Texas, as published by the Federal Bureau of Labor Statistics.
Concealment or Camouflaged means any Wireless Facility or Pole that is covered, painted,
disguised, or blended in to its environment or otherwise hidden or kept from sight such that the
Wireless Facility blends into the surrounding environment and is visually unobtrusive. 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 fagade, blended with surrounding area design,
painted to match the supporting area, or disguised with artificial tree branches.
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DAS or Distributed Antenna System shall be included as a type of Network Node and have the
same meaning as "Network Node."
Days when not specified shall mean calendar days.
Decorative Pole means 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 means an area that is zoned, or otherwise designated by municipal code, and for
which the Town maintains and enforces unique design and aesthetic standards on a uniform and
nondiscriminatory basis.
Disaster emergency or disasler or emergency means an imminent, impending, or actual natural
or humanly induced situation wherein the health, safety, or welfare of the residents of the Town
is threatened, and includes, but is not limited to any declaration of emergency by Town, state or
federal governmental authorities.
Easement means, refers to or shall include any public easement or other compatible use, whether
created by dedication or by the other means, for uses which include public utility purposes or any
other purpose whatsoever. "Easement" may include a private easement used for the provision of
utilities, depending upon usage.
FCC or Federal Communications Commission means the Federal Administrative Agency, or
lawful successor, authorized to oversee cable television and other multi-channel regulation on a
national level.
Fiber Cable or Fiber Optic Cable means a form of communication transmission that uses light
to send data, high quality video and sound.
Franchise or Franchise Agreement means the initial authorization, or subsequent renewal
granted by the Town in order for a person to construct, operate, and maintain a system in all, or
part, of the Town right-of-way.
Franchise expiration means the date of expiration, or the end of the term of a franchise, permit
or license agreement.
Franchise fee means the user fee or charge that the Town requires as payment for using the
streets, rights-of-way, public ways, and easements of the Town.
Gross receipts means any and all compensation which is derived from the operation of the
system, and which is attributable to the systems operations within the Town as allowed by law.
Highi-vay righl-oflivay means right-of-way adjacent to a state or federal highway.
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Historic district means an area that is zoned or otherwise designated as a historic district under
municipal, state, or federal law.
Law means common law or a federal, state, or local law, statute, code, rule, regulation, order, or
ordinance
Local means within the geographical boundaries of the Town of Westlake, Texas.
Local exchange telephone service has the meaning assigned by Section 51.002, Utilities Code.
Mayor means the Mayor for the Town of Westlake, Texas.
Macro Tower means a guyed or self-supported pole or monopole greater than the height
parameters prescribed by Section 284.103 and that supports or is capable of supporting antennas.
Micro Network Node means 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.
Municipally Owned Utility Pole means a utility pole owned or operated by a municipally owned
utility, as defined by Section 11.003, Utilities Code, and located in a public right-of-way.
Municipal Park means an area that is zoned or otherwise designated by municipal code as a public
park for the purpose of recreational activity, and includes means the various properties under the
direction, control and supervision of the Town.
AIIUTCD means Manual of Uniform Traffic Control Devices
Network Node means equipment at a fixed location that enables wireless communications between
user equipment and a communications network. The term: (A) includes: (i) equipment associated
with wireless communications; (ii) a radio transceiver, an antenna, a battery-only backup power
supply, and comparable equipment, regardless of technological configuration; and(iii) coaxial or
fiber-optic cable that is immediately adjacent to and directly associated with a particular
collocation; and(B) does not include: (i) an electric generator; (ii) a pole; or(iii) a macro tower.
Network Provider means: (A) a wireless service provider; or (B) 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: (i) network nodes; or(ii) node support poles or any other structure that supports
or is capable of supporting a network node.
Node Support Pole means a pole as defined by Chapter 284 of the Texas Local Government Code.
Park has the same meaning as "Municipal Park."
Permit means a document issued by the Town authorizing installation, removal, modification and
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other work for equipment or facilities in accordance with the approved plans and specifications.
Pole means a service pole, municipally owned pole, node support pole, or other utility pole, and
shall include network node support pole.
Person means any individual, corporation, business, trust, estate, trust, partnership, association
of two (2) or more persons having a joint common interest, governmental agency, or other legal
entity, including the Town.
Provider has the same meaning as "Network Provider."
PROWAG means Public Right-of-Way Accessibility Guidelines.
Public Right-of-Way Management Ordinance means this chapter 79 of the Town of Westlake
Ordinances and includes all other Westlake ordinances that comply with Chapter 284 of the Local
Government Code.
Right-of-Way, Public Way or Public Right-of=Way or Public Rights-of-Way or Rights-of=
Way or Right-of-Way means the surface of, and the space above and below a public street, road,
highway, freeway, land, path, public way or place, alley, court, boulevard, parkway, drive, or
other easement now or hereafter held by the Town (including any street, as defined, which is
acquired by eminent domain) for the purpose of public travel and shall include other easements
or rights-of-way now or hereafter held by the Town (including any easements or rights-of-way
acquired by eminent domain) which shall, with their proper use and meaning, entitle the Town
or utility provider, with proper authorization, to use thereof for the purpose of installing or
transmitting utilities over poles, wires, cable, conductors, ducts, conduits, viaducts, manholes,
amplifiers, appliances, attachments, and other property as may ordinarily be necessary. The term
does not include a private easement or the airwaves above a public right-of-way with regard to
wireless telecommunications.
Service Pole means a pole, other than a Municipally Owned Utility Pole, owned or operated by
a municipality and located in a Public Right-of-Way, including: (A) a pole that supports traffic
control functions; (B) a structure for signage; (C) a pole that supports lighting, other than a
Decorative Pole; and (D) 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 and have the same meaning as "Network
Node."
State means the State of Texas.
Street means only the portion of the right-of-way with a specially prepared surface used for
vehicular travel, which surface may be concrete, blacktop or other material commonly used to
prepare a surface for vehicular travel, and is limited to the area between the inside of the curb
(when there is a curb) to the inside of the opposite curb, and does not include the curb area or
the area between the two parallel edges of the surface used for vehicular travel where there is no
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curb. A Street is generally part of, but less than, or smaller in width than, the size or width of
the right-of-way. Right-of-Way includes the sidewalks and utility easements and Street does not
include a sidewalk or utility easement. A Street does not include the curb, sidewalk, ditch, if
any or present either at time of permitting or if added later.
SWPPP shall mean Storm Water Pollution Prevention Plan.
TAS means Texas Accessibility Standards.
TMUTCD means the Texas Manual of Uniform Traffic Control Devices
Thoroughfare shall have the same meaning as "Street."
TMUTCD means Texas Manual of Uniform Traffic Control Devices.
Town means the Town of Westlake,Texas or its lawful successor,and includes the Westlake Town
Council.
Town Councilor Council/Franchising Authority means the Town council for the Town of
Westlake, Texas or its lawful successor, which is the governing body for the Town.
Town Manager shall mean the Westlake Town Manager or designee.
Traffic Signal means any device, whether manually, electrically, or mechanically operated by
which traffic is alternately directed to stop and to proceed.
Transport Facility means each transmission path physically within 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.
U.S.C. means United States Code.
Underground District or Underground Requirement Area or Underground Area means 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, or other public or private
restrictions, that prohibit installing aboveground structures in a Public Right-of-Way.
User means a person or organization that owns, places or uses facilities occupying the whole or
a part of a public street or right-of-way, depending on the context.
Utility Pole means a pole that provides: (A)electric distribution with a voltage rating of not more
than 34.5 kilovolts; or (B) services of a telecommunications provider, as defined by section
51.002 of the Utilities Code.
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Voice service means voice communications services provided through wireline facilities located
at least in part in the public right-of-way, without regard to the delivery technology, including
Internet protocol technology. The term does not include voice service provided by a commercial
mobile service provider as defined by 47 U.S.C. Section 332(d).
[Vireless Service means 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.
U'ireless Service Provider means a person that provides Wireless Service to the public.
Wireless.facilities means "Micro Network Nodes," "Network Nodes,"and"Node Support Poles"
as defined in Texas Local Government Code chapter 284.
Sec. 79-5. Unauthorized use of public rights-of-way.
The Town may institute all appropriate legal action to prohibit any person from knowingly using
the public rights-of-way unless the person has complied with the terms of this article.
This chapter shall not be construed as imposing upon the Town or any official or employee any
liability or responsibility for damages to any person injured by the performance of any work for
which a permit is issued hereunder, nor shall the Town or any official or employee thereof be
deemed to have assumed any such liability or responsibility by reason of inspections authorized
hereunder, the issuance of any permit or the approval of any work.
Sec. 79-6 Reserved
ARTICLE II
RIGHT-OF-WAY MANAGEMENT
Sec. 79-7. - Right-of-way construction.
No person shall commence or continue with the construction, installation or operation of
facilities within the right-of-way in the Town except as provided by the ordinances of the Town
and the directives of the Town Manager. All construction activity in Town right-of-way will be
in accordance with this chapter.
Sec. 79-8. —Authorization; Registration; Compensation and Pees.
A. Registration
(1) In order to protect the public health, safety and welfare, all users of the right-of-way will
register with the Town of Westlake.
(2) Registration and permits will be issued in the name of the person who will own the
facilities.
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(3) Registration and permits are not authorizations to install facilities in the rights-of-way,
such authorization must be through municipal franchise or license or municipal agreement,
except when otherwise required by state law.
(4) Registration must be renewed annually. For utilities with a current franchise or license,
the franchise or license will be evidence of renewal. If a registration is not renewed and subject
to sixty-day notification to the owner, the facilities of the user will be deemed to have been
abandoned.
(5) When any information provided for the registration changes, the user will inform the
Town of Westlake of the change no more than thirty (30) days after the date the change is made.
(6) Registration shall include:
(a) The name of the user of the right-of-way;
(b) The name, address and telephone number of people who will be contact person(s)
for the user;
(c) The name, address and telephone number of any contractor or subcontractor, if
known, who will be working in the right-of-way on behalf of the user;
(d) The name(s) and telephone number of an emergency contact who shall be
available twenty-four (24) hours a day and said emergency contact shall be employed by and
have binding and decision-making authority for the owner of the facilities;;
(e) Insurance
(i) Prior to construction in the right-of-way, an applicant must provide, and
users must maintain, acceptable proof of liability insurance in the total amount of six million
dollars ($6,000,000); one million dollars ($1,000,000) primary plus five million dollars
($5,000,000) umbrella if requested by the owner of the facilities, or other provisions as
acceptable to the director of financial services or designee. The Town reserves the right to
review the insurance requirements and to reasonably adjust insurance coverage and limits when
the Town Manager determines that changes in statutory law, court decisions, or the claims
history of the industry or the applicant or user require adjustment of the coverage.
(ii) The coverage must be on an "occurrence" basis and must include coverage
for personal injury, contractual liability, premises liability, medical damages, underground,
explosion and collapse hazards.
(iii) Each policy must include a cancellation provision in which the insurance
company is required to notify the Town in writing not fewer than thirty (30) days before
canceling, failing to renew, or reducing policy limits.
(iv) The applicant shall file the required original certificate of insurance prior
to any commencement of work. The certificate shall state the policy number; name of the
insurance company; name and address of the agent or authorized representative of the insurance
company; name, address and telephone number of insured; policy expiration date; and specific
coverage amounts. The Town may accept a certificate of insurance or the Town may require
another form of legally binding proof of insurance.
(v) An insurer has no right of recovery against the Town. The required
insurance policies shall protect the person and the Town. The insurance shall be primary
coverage for losses covered by the policies.
(vi) The policy clause "other insurance" shall not apply to the Town if the
Town is an insured under the policy.
(f) Bonds
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(i) Applicant or Applicant's contractor, at Town's option, shall file an annual
surety bond which will be valid each year construction will occur through one (1) full year after
the completion of the construction from a surety company authorized to do business in the State
of Texas in the amount of the estimated amount of the cost to restore the right-of-way for the
work anticipated to be done in that year, in the event the applicant leaves a job site in the right-
of-way unfinished, incomplete or unsafe or other provisions as acceptable to the Town Manager
or designee.
(ii) The above requirements may be met by utilities with a current franchise
or license if their current franchise or license adequately provides for insurance or bonds or
provides an indemnity in favor of the Town.
(g) Indemnity
(i) to the extent allowed by state law, each person placing facilities in the
public rights-of-way shall agree to promptly defend, indemnify and hold the Town harmless
from and against all damages, costs, losses or expenses (i) for the repair, replacement, or
restoration of Town's property, equipment, materials, structures and facilities which are
damaged, destroyed or found to be defective as a result of the person's acts or omissions, (ii)
from and against any and all claims, demands, suits, causes of action, and judgments for (a)
damage to or loss of the property of any person (including, but not limited to the person, its
agents,officers, employees and subcontractors, Town's agents, officers and employees,and third
parties); and/or (b) death, bodily injury, illness, disease, loss of services, or loss of income or
wages to any person (including, but not limited to the agents, officers and employees of the
person, person's subcontractors and Town, and third parties), arising out of, incident to,
concerning or resulting from the negligent or willful act or omissions of the person, its agents,
employees, and/or subcontractors, in the performance of activities pursuant to this article.
(ii) This indemnity provision shall not apply to any liability resulting from the
negligence of the Town, its officers, employees, agents, contractors, or subcontractors.
(iii) The provisions of this indemnity are solely for the benefit of the Town and
are not intended to create or grant any rights, contractual or otherwise, to any other person or
entity.
(7) The above requirements may be met by utilities with a current franchise or license if their
current franchise or license adequately provides for insurance or bonds or provides an indemnity
in favor of the Town.
(8) Failure to maintain registration requirements. In addition to all other legal penalties,
including criminal penalties; failure to register or to maintain and update registration information
may result in denial of a permit application or removal of facilities.
B. Authorization
(1) Municipal Authorization or Agreement shall be required, except when clearly preempted
by state law. Nothing in this ordinance shall be considered to grant authorization to any user.
When any state law authorizing right-of-way use is struck down, pre-empted, declared to be
invalid or void, in whole or in part, the user relying upon said law for authorization shall seek
separate authorization or shall cease using the right-of-way.
(2) When Municipal Authorization or Agreement is required, permit for construction work
may not be submitted until said Authorization or Agreement is obtained.
(3) Municipal authorization does not extend to the use of any property or facilities other than
the right-of-way.
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(4) Municipal authorization does not address or allow the use of third party facilities in the
right-of-way.
(5) This Chapter does not constitute or create authority to place, reconstruct, or alter
facilities in, on, or over the public rights-of-way, and said authority must be obtained by
separate instrument in accordance with this section or by operation of other laws.
C. Compensation and fees
(1) Municipal right-of-way use shall be compensated as required by the state constitution,
state law, franchise, license or other agreement.
(2) The Town may structure due dates on payments in such a manner so as to be
administratively efficient.
(3) Application fees, as allowed by state law, for work or installations in the right-of-way
shall be the fees set by the Town Council. Such fees may be set by ordinance, resolution, in the
budget or by any other lawful means.
(4) Failure to pay application fees, or failure of any payment to properly process shall result
in the denial or withdraw of a permit.
Sec. 79-9 Construction in the right-of-way.
A. No person shall perform any construction or installation of facilities in the right-of-way
without first obtaining a construction permit, except as provided herein. The permit will be in
the name of the person who will own the facilities to be constructed. The permit must be
completed and signed by a representative of the owner of the facilities to be constructed.
(1) Emergency responses related to existing facilities may be undertaken without first
obtaining a permit; however the Town should be notified in writing within two (2)business days
of any construction related to an emergency response; including a reasonably detailed
description of the work performed in the right-of-way and an updated map of any facilities that
were relocated, if applicable.
(2) The phrase "construction or installation of facilities" does not include the installation of
facilities necessary to initiate service to a customer's property, or repair or maintenance of
existing facilities unless such repair or maintenance requires the breaking of pavement; the
closure of a nonresidential traffic lane; excavation or boring.
B. The permit shall state to whom it is issued, location of work, location of facilities, dates
and times work is to take place and any other conditions set out by the Town Manager or
designee.
C. The person requesting a permit will provide the Town Manager or designee with
documentation in the format specified by the Town Manager describing:
(1) The proposed, approximate location and route of all facilities to be constructed or
installed and the applicant's plan for right-of-way construction should be shown on a set of scaled
dimensioned construction plans, plan/profile sheet, a street view and an aerial map. Said plans
should indicate the current right-of-way lines and any existing Town facilities. Said plans shall
show any proposed underground conduit, type of casing pipe required, if applicable, overhead
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lines, network nodes, ancillary equipment, or any other facilities to be installed. The drawings
shall show a cross sectional profile, identify all existing utilities and any existing or potential
utility conflicts.
(2) For installation of any proposed pole applicant shall provide sectional detail showing
depth of anchor, scaled dimensional drawings of the proposed pole, as well as any other proposed
equipment associated with the proposed installation, and shall indicate spacing from existing
curb, driveways, sidewalk, light poles, and any other poles or appurtenances.
(3) All applications shall include a before and after street view image. The after-image needs
to include any proposed poles and all proposed attachments, and any associated or ancillary
equipment, whether attached or standalone.
(4) If the project is within the State right-of-way, the applicant must provide evidence of a
permit or permission from the State.
(5) If a Town pole or poles or light structure or structures will be used or will be in the area
of the proposed construction, the pole or poles or light structure or structures will be identified.
No electric meter shall be mounted on a Town pole or light structure.
(6) When connecting to any Town infrastructure, Provider / Applicant shall provide key to
meter and/or disconnect upon installation.
(7) All plans shall reflect that no facilities to be installed will obstruct an existing or planned
sidewalk, walkway, bicycle lane or lane of vehicular traffic.
(8) Engineering plans which will be on a scale of one (1) inch equals fifty (50) feet unless
otherwise approved by Town Manager.
(9) Detail of the location of all right-of-way and utility easements which applicant plans to
use.
(10) Detail of all existing Town utilities in relationship to applicant's proposed route.
(11) Detail of what applicant proposes to install, such as network nodes, poles, pipes, size,
number of innerducts, valves, or other facilities.
(12)Detail of plans to remove and replace asphalt or concrete in streets (include Town of
Westlake standard construction details).
(13) Drawings of any bores, trenches, handholes, manholes, switch gear, transformers,
pedestals, network nodes, micro-network nodes, or other facilities, including depth located in
public right-of-way.
(14) Handhole and/or manhole typicals of type of manholes and/or handholes applicant plans
to use or access.
(15) Complete legend of drawings submitted by applicant.
(16) If paper copies are required, five (5) sets of engineering plans must be submitted with
permit application.
(17) The name, address and phone numbers of the contractor or subcontractor who will
perform the actual construction, including the name and telephone number of an individual with
the contractor who will be available at all times during construction. Such information shall be
required prior to the commencement of any work.
(18) The construction and installation methods to be employed for the protection of existing
structures, fixtures, and facilities within or adjacent to the right-of-way, and the dates and times
work will occur, all of which (methods, dates, times, and other applicable information) are
subject to approval of the Town Manager or designee.
(19) A statement that the requirements of subsection 79-8 "Registration" are met.
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(20) A traffic control plan approved by the Town Manager, which shall specify the traffic
control measures to be provided, SWPPP, and trench safety plan may also be required based on
the proposed scope of work. An approved traffic control plan shall be required any time work
will require traffic lane closures or sidewalk closures, regardless of whether a permit is required.
(21) No projecting attachments shall be less than eight (8) feet above the ground, if not
projecting toward the street. If an attachment is projecting toward the street,the attachment shall
be installed no less than sixteen (16) feet above the ground.
(22) Any proposed work that involves the installation of facilities that will utilize radio
frequencies shall not cause any interference with Town public safety radio system, traffic signal
light system or other Town communications systems or components, regardless of whether or
not a permit is required. The right-of-way user shall provide evidence in a form acceptable to
the Town that the proposed installation will be compatible with said Town systems and will not
cause any interference with the Town public safety radio system, traffic signal light system or
other Town communications systems or components. No installation shall be allowed to be
installed or to remain in the right-of-way that causes any such interference.
(23) The plans shall demonstrate that all federal and state laws and Town ordinances will be
obeyed, and that all sections of this Chapter, including Article II "Design Manual" will be
complied with as applicable. Construction in right-of-way adjacent to a school shall be required
to follow all state law requirements, including the requirements in the Educational Code regarding
work on school grounds, including but not limited to chapters 21 and 22, as applicable.
D. All construction and installation in the right-of-way shall be in accordance with the
permit for the facilities. The Town Manager or designee shall be provided access to the work
and to such further information as he or she may reasonable require to ensure compliance with
the permit.
E. A copy of the construction permit and approved engineering plans shall be maintained at
the construction site and made available for inspection by the Town Manager or designee at all
times when construction or installation work is occurring.
F. All construction or installation work authorized by permit must be completed in the time
specified in the construction permit. If the work cannot be completed in the specified time
periods, the permittee may request an extension from the Town Manager or designee. The Town
Manager or designee will use best efforts to approve or disapprove a request for permit as soon
as possible.
G. A copy of any permit or approval issued by federal or state authorities for work in federal
or state right-of-way located in the Town of Westlake, if requested by the Town Manager and a
copy of written permission for work in railroad right-of-way from the applicable railroad or
transit authority, as applicable, if requested by the Town Manager;
H. A request for a permit must be submitted at least ten (10) working days before the
proposed commencement of work in the request, unless waived by the Town Manager or
designee.
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I. Requests for permits will be approved or disapproved by the Town Manager or designee
within a reasonable time or receiving all the necessary information. The Town Manager or
designee will use best efforts to approve or disapprove a request for permit as soon as possible.
J. The Town Manager or the applicant can request a pre-construction meeting with the
permittee and their construction contractor.
K. Permit applications are required for construction on new, replacement or upgrading of
the company's facilities in the right-of-way either aerial or underground.
L. The failure of a person to request and obtain a permit from the Town prior to performing
any of the above listed activities in, or over any right-of-way, except in an emergency, will
subject the person to a stop-work order from the Town and enforcement action pursuant to the
Town's Code of Ordinances.
M. If the person receiving the permit fails to act upon the permit within one hundred eighty
(180) calendar days of issuance, the permit shall become invalid, and the person will be required
to obtain another permit.
N. If State or Federal law provides that a permit is not required for certain work to be done,
then a person proposing to do such work shall be required to provide notice two (2) working
days prior to performing such work. The requirements of this chapter must be met, even if no
permit is required pursuant to State.or Federal law:
O. Certification of a State of Texas registered professional engineer that the drawings, plans
and specifications submitted with the application comply with applicable technical codes, rules,
regulations, and publicly disclosed design specifications establishes in the Town's Right of Way
Management requirements, including the Design Manual are required.
Sec. 79-10. Construction and Maintenance standards.
A. The following shall be required when facilities are constructed in the Right-of-Way,
regardless of whether a permit is required, and,to the extent applicable, for as long as the facilities
remain in the Right-of-Way.
(1) The Town must be notified twenty-four (24) hours in advance that construction is ready
to proceed by the right-of-way user, their contractor or representative. The right-of-way user or
contractor must have previously called for any needed locations for right-of-way facilities. At
the time of notification, the right-of-way user will inform the Town Manager of the number (or
other information) assigned from the one-call system. The provider must have previously
contacted the Town and obtained all needed locational information for Town utilities.
(2) All construction shall be in conformance with all Town codes and applicable local, state
and federal laws and must be done in a good and workmanlike manner and in accordance with
all applicable sections of this chapter.
(3) Three by three (3 X 3) feet information signs stating the identity of the person doing the
work, telephone number and permittee's identity and telephone number shall be placed at the
location where construction is to occur forty-eight (48) hours prior to the beginning of work in
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the right-of-way and shall continue to be posted at the location during the entire time the work
is occurring. An informational sign will be posted on public right-of-way one hundred (100) feet
before the construction location commences and each one hundred (100) feet thereafter, unless
other posting arrangements are approved or required by the Town Manager.
(4) Erosion control measures (e.g. silt fence) and advance warning signs, markers, cones and
barricades must be in place before work begins.
(5) Lane closures on major thoroughfares will be limited after 8:30 a.m. and before 4:00 p.m.
unless the Town Manager grants prior approval. Arrow boards will be required on lane closures,
with all barricades, advanced warning signs and thirty-six (36) inch reflector cones placed
according to the specifications of the Town Manager and must be in accordance with the filed
lane closure plan approved by the Town Manager.
(6) Permittees are responsible for the workmanship and any damages by a contractors or
subcontractors. A responsible representative of the permittee will be available to Town staff at
all times during construction.
(7) Permittee shall be responsible for storm water management erosion control that complies
with Town, state and federal guidelines. Requirements shall include, but not be limited to, silt
fencing around any excavation that will be left overnight, silt fencing in erosion areas until
reasonable vegetation is established,barricade fencing around open holes,and high erosion areas
will require wire backed silt fencing. Upon request permittee may be required to furnish
documentation submitted or received from federal or state government.
(8) Permittee or contractor or subcontractor will notify the Town Manager immediately of
any damage to other utilities, either Town or privately owned.
(9) It is the Town's policy not to cut streets or sidewalks; however, when a street or sidewalk
cut is required, prior approval must be obtained by the Town Manager and all requirements of
the Town Manager shall be followed. Repair of all street and sidewalk removals must be made
promptly to avoid safety hazards to vehicle and pedestrian traffic.
(10) Installation of facilities must not interfere with Town utilities, in particular gravity
dependent facilities.
(11)New facilities must be installed to a depth approved by the Town Manager.
(12) All directional boring shall have locator place bore marks and depths while bore is in
progress. The boring method and bore pit locations shall be identified. Locator shall place mark
at each stem with paint dot and depth at least every other stem.
(13) The working hours in the rights-of-way are 9:00 a.m. to 4:00 p.m., Monday through
Friday. Work that needs to be performed after 4:00 p.m. Monday through Friday must be
approved in advance. Any work performed on Saturday must be approved twenty-four(24)hours
in advance by the Town Manager. Directional boring is permitted only Monday through Friday
9:00 a.m. to 4:00 p.m., unless other hours are approved in advance. No work will be done on
Sundays or Town holidays, except for emergencies.
(14) People working in the right-of-way are responsible for obtaining line locates from all
affected utilities or others with facilities in the right-of-way prior to any excavation. Use of the
Geographic Information System or the plans of records does not satisfy this requirement.
(15) Permittee will be responsible for verifying the location, both horizontal and vertical, of
all facilities. When required by the Town Manager, permittee shall verify locations by pot holing,
hand digging or other method approved by the Town Manager prior to any excavation or boring
with the exception of work involving lane closures, as discussed above.
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(16) Placement of all manholes and/or hand holes must be approved in advance by Town
Manager. Handholes or manholes will not be located in sidewalks, unless approved by the Town
Manager.
(17) Locate flags shall not be removed from a location while facilities are being constructed.
(18) Construction which requires pumping of water or mud shall be contained in accordance
with Town of Westlake ordinances and federal and state law and the directives of the Town
Manager.
(19) All facilities installed in the right-of-way shall be in earth tone colors or in colors that
blend with the surroundings, or if on a Service Pole or Municipally Owned Pole shall match the
color and finish of the pole, or must be approved by the Town.
(20) All facilities installed in the right-of-way shall be uniquely identified and provided
through a GIS shape file or other means as acceptable to the Town Manager or designee. Said
identification shall be provided at the time of application and shall be visible on the facilities
when installed.
(21) Above ground wires shall be located on only one side of the right-of-way.
(22) The right-of-way user or contractor must obtain any needed permits for electrical work
and provide sealed engineered drawings for conduit size, circuit size, calculations for Amperage,
or any other required information. Provider shall be responsible for obtaining any required
electrical power service to any installation, which shall be underground. Any such electrical
supply must be separately metered and must match Town infrastructure voltage.
(23) Right-of-way users shall complete construction as expeditiously as possible and lane
closures or work that inconveniences the traveling public shall be minimized. Lane closures
shall not last longer than four (4) hours, unless a different period of time is shown on the permit.
(24) Right-of-way work shall be completed in the amount of time shown on the permit; but
if no completion time is shown on the permit the work shall be complete in not more than six (6)
months.
(25) All right-of-way work and facilities installed shall be done in a good workman like
manner; shall meet all applicable codes; shall be maintained and kept in good repair and shall be
aesthetically pleasing.
(26) All efforts shall be made to avoid or minimize negative visual impact to the surrounding
area and to enhance the safety requirement for vehicles and pedestrians, particularly in areas
where small children or other vulnerable members of the population may be located.
(27) Installations which require ancillary ground equipment with a footprint of twenty-five
(25) square feet or more shall be spaced at least 300 feet apart.
(28) The name, address and phone numbers of the contractor or subcontractor who will
perform the actual construction, including the name and telephone number of an individual with
the contractor who will be available at all times during construction. Such information shall be
required prior to the commencement of any work.
(29) A statement that the requirements of subsection 79-8 "Registration" are met.
(30) A traffic control plan, which shall specify the traffic control measures to be provided,
SWPPP, and trench safety plan may also be required based on the proposed scope of work. An
approved traffic control plan shall be required any time work will require traffic lane closures or
sidewalk closures, regardless of whether a permit is required.
(3 1) A traffic control plan approved by the Town Manager, which shall specify the traffic
control measures to be provided, SWPPP, and trench safety plan may also be required based on
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the proposed scope of work. An approved traffic control plan shall be required any time work
will require traffic lane closures or sidewalk closures, regardless of whether a permit is required.
(32) Any proposed work that involves the installation of facilities that will utilize radio
frequencies shall not cause any interference with Town public safety radio system, traffic signal
light system or other Town communications systems or components, regardless of whether or
not a permit is required. The right-of-way user shall provide evidence in a form acceptable to
the Town that the proposed installation will be compatible with said Town systems and will not
cause any interference with the Town public safety radio system, traffic signal light system or
other Town communications systems or components. No installation shall be allowed to be
installed or to remain in the right-of-way that causes any such interference.
B. To the extent applicable, the above requirements shall continue during the entire time
that the installed facilities remain in the Right-of-Way.
Sec. 79-11. Plans of record
A. Right-of-way users will provide the Town Manager or designee with plans of record
within ninety (90) calendar days of completion of facilities in the right-of-way. Users which
have facilities in the right-of-way existing as of the date of this ordinance who have not provided
plans of record shall provide one-quarter (1/4) of the information concerning facilities in Town
right-of-way within one (1) year after the passage of the ordinance and one-quarter (1/4) each
six (6) months thereafter. The plans shall be provided to the Town with as much detail and
accuracy as required by the Town Manager. All the requirements specified for the plans
submitted for the initial permit, as set forth in section 79-9, shall be submitted and updated in
the plans of record. The detail and accuracy will concern issues such as location,size of facilities,
materials used, and any other health, safety and welfare concerns. The detail will not include
matters such as capacity of lines, customers,or competitively sensitive details. Submittal of plans
of record shall be in digital format.
B. This requirement, or portions of this requirement, may be waived by the Town Manager
or designee for good cause.
C. If the release of the location of any utilities, including water and sewer, or of plans of
record submitted under this section would jeopardize public safety, the information shall be
considered confidential. In addition, if plans of record submitted under this section include
information expressly designated by the right-of-way user as a trade secret or other confidential
information protected from disclosure by state law, the Town Manager may not disclose that
information to the public without the consent of the right-of-way user, unless otherwise
compelled by an opinion of the attorney general pursuant to the Texas Public Information Act,
as amended, or by a court having jurisdiction of the matter pursuant to applicable law. This
subsection may not be construed to authorize a right-of-way user to designate all matters in its
plans of record as confidential or as trade secrets.
D. Users shall maintain accurate maps and other appropriate records of its facilities as they
are actually constructed in the Rights-of-Way, including, upon request, the use of Auto CAD/GIS
digital format. User will provide additional maps to the Town upon request.
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Sec. 79-12. Conformance with public improvements.
Whenever by reasons of widening or straightening of streets, water or sewer line projects, or any
other public works or Town projects, (e.g. install or improve storm drains, water lines, sewer
lines, or any other public works or Town project) it shall be deemed necessary by the governing
body of the Town to remove, alter, change, adapt, or conform the underground or overhead
facilities of a right-of-way user to another part of the right-of-way, such alterations shall be made
by the owner of the facilities at their expense within the time limits set by the Town Manager
working in conjunction with the owner of the facilities, or if no time frame can be agreed upon,
within ninety (90) calendar days from the day the notice was sent to make the alterations, unless
a different schedule has been approved by the Town Manager or designee. Facilities not moved
after ninety (90) calendar days or the time set forth in the notice shall be deemed abandoned and
may be removed in accordance with Section 79-18 "Abandoned Facilities."
Sec. 79-13. Improperly installed facilities.
A. Any person doing work in the Town right-of-way shall properly install, repair, upgrade
and maintain facilities.
B. Facilities shall be considered to be improperly installed,repaired,upgraded or maintained
if:
(1) The installation, repairs, upgrade or maintenance endangers people;
(2) The facilities do not meet the applicable Town codes;
(3) The facilities are not capable of being located using standard practices;
(4) Underground facilities that are installed less than twenty-four (24) inches in depth;
(5) Facilities or construction in regard to placement of said facilities that remains incomplete
or hazardous after construction work is finished or time for completion has passed, including but
not limited to holes in paved areas or ground, handholes or manholes that are improperly sealed,
and broken equipment or any other incomplete or hazardous condition.
(6) The facilities are not located in the proper place at the time of construction in accordance
with the directions provided by the Town Manager.
C. Facilities will be considered improperly installed if said facilities cause any interference
with Town public safety radio system, traffic signal light system or other communications
components.
Sec. 79-14. Restoration of property.
A. Users of the right-of-way shall restore property affected by construction of facilities to a
condition that is equal to or better than the condition of the property prior to the performance of
the work. Restoration must be approved by the Town Manager.
B. Restoration must be to the reasonable satisfaction of the Town Manager and the property
owner. The restoration shall include, but not be limited to:
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(1) Replacing all ground cover with the type of ground cover damaged during work or better
either by sodding or seeding, as directed by the Town Manager;
(2) Installation of all manholes and handholes, as required;
(3) Backfilling all bore pits, potholes, trenches or any other holes shall be filled in daily,
unless other safety requirements are approved by the Town Manager;
(4) Leveling of all trenches and backhoe lines;
(5) Restoration of excavation site to Town specifications; and
(6) Restoration of all landscaping, ground cover, hardscaping, and sprinkler systems.
C. All locate flags and paint shall be removed during the clean-up progress by the permittee
or contractor at the completion of the work.
D. Restoration must be made in a timely manner as specified by approved Town schedules
and to the satisfaction of Town Manager or designee. If restoration is not satisfactory and
performed in a timely manner all work in progress, except that related to the problem, including
all work previously permitted but not complete may be halted and a hold may be placed on any
permits not approved until all restoration is complete.
E. If a person fails to restore property as set out in this section, the Town shall give five (5)
calendar days written notice to the person at the address shown on the permit. If the person does
not initiate repairs during the five day period, or fails to complete the repairs within thirty (30)
calendar days thereafter the Town may elect to repair such portion of the right-of-way as may
have been disturbed by the person, its contractors, or agents at the cost of the person performing
the right-of-way work. These time periods may be shorten or waived in cases of a threat to
public health, safety or welfare. Upon receipt of an invoice from the Town, the person will
reimburse the Town for the costs so incurred no later than thirty(3 0) calendar days from the date
of the Town invoice.
F. Should the Town reasonably determine, within two (2) years from the date of the
completion of the repair work, that any of the said restoration work failed to meet the existing
standards of the Town, the person shall perform such additional restoration work to the
satisfaction of the Town, subject to all Town remedies.
G. Notwithstanding any of the above sections, if the Town determines that the failure of the
person to properly repair or restore the right-of-way constitutes a threat to the public health,
safety or welfare, the Town may undertake emergency repairs and restoration efforts. The Town
may attempt to provide emergency notice to the person responsible, but is not obligated to do
so. The right-of-way user shall promptly reimburse the Town for all costs incurred by the Town
within thirty (30) calendar days from the date of the Town invoice.
Sec. 79-15. Revocation or denial of permit.
If any of the provisions of this article are not followed, a permit may be revoked by the Town
Manager or designee. If a person has not followed the terms and conditions of this article in work
done pursuant to a prior permit, new permits may be denied or additional terms required.
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If a permit is denied upon initial submission for incompleteness or for an issue which is capable
of correction,the applicant may complete or correct the application and resubmit the application.
Applications not resubmitted within thirty-one (3 1) calendar days shall be considered
withdrawn.
Sec. 79-16. Appeal from denial or revocation of permit.
An Applicant may appeal from denial or revocation of permit to the Town Manager. Appeal
shall be filed with the Town secretary within five (5) calendar days from the date of the decision
being appealed.
A denial or revocation will be upheld unless a person can show that there is an error and that the
person was following all of the requirements of this Article and all right-of-way engineering
requirements.
Sec. 79-17 Inspections
The Town may perform inspections of any right-of-way work, including installations,
maintenance, modifications or any other right-of-way work, whether such work is subject to
permit requirements or allowed to be done without a permit. The Town may perform visual
inspections of any right-of-way work located in the right-of-way as the Town deems appropriate
without notice. If the inspection requires physical contact with right-of-way work, the Town
may provide the right-of-way user with notice prior to said inspection. Right-of-way user may
have a representative present during such inspection. In the event of an emergency situation, the
Town may, but is not required to, notify the right-of-way user prior to the inspection. The Town
may take any needed action to remediate an emergency. The Town shall notify the right-of-way
user as soon as practical after said remediation.
Sec. 79-18 Abandoned Facilities
A. Duty to Remove.
A person that has placed facilities in the right-of-way shall remove said facilities and related
equipment when such facilities are Abandoned regardless of whether or not it receives notice from
the Town. If in the judgment of the Town,removal of underground facilities would cause damage,
this requirement may be waived.
B. Time for Removal
(1) The Town may notify the person that said facilities must be removed immediately when
necessary to ensure public health, safety, and welfare.
(2) If immediate removal is not required, the removal must be completed within the time set
forth in the written Notice to Remove from the Town and if no time is set out, then within ninety
(90) days for the facilities and related equipment being Abandoned.
(3) If the facilities are not removed after the 90 day notice to remove, the Town may remove
the facilities thirty (30) days after notice of a final finding of abandonment.
(4) When a person removes, or Abandons permanent structures in the Right-of-Way, the
person shall notify the Town Manager in writing of such removal or Abandonment and shall file
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with the Town Manager the location and description of each facility and ground equipment
removed or Abandoned.
(5) The Town Manager may require the person to complete additional remedial measures
necessary for public safety and the integrity of the Right-of-Way.
C. Deemed Abandoned
Facilities may be deemed abandoned as set out in this Chapter. Additionally, facilities may be
deemed abandoned if.
(1) A person does not relocate facilities as set out in 79-12 "Conformance with Public
Improvements."
(2) A person does not correct or abate improperly installed facilities as set out in 79-13
"Improperly Installed Facilities."
(3) A person fails to maintain the registration requirements set forth in Section 79-8
"Registration."
(4) A person utilizing the right-of-way cannot be found or contacted.
(5) A person utilizing the right-of-way fails to pay the required compensation.
(6) A person utilizing the right-of-way fails to comply with the requirements of this Chapter
after being given due notice of any deficiencies. The notice requirement shall only apply to
persons who have maintained the required Registration as set out in 79-8 "Registration" and are
capable of being contacted.
Sec. 79-19 Underground installation preferred
A. The underground placement of Facilities is encouraged.
B. Facilities shall be installed underground where existing utilities are already underground.
C. Underground conduits and ducts shall be installed in the Public Rights-Of-Way between
the adjacent property line and curb line unless otherwise directed by the Town.
D. Conduits and ducts shall be installed parallel with the curb line and cross the Public Rights-
Of-Way perpendicular to the Public Rights-Of-Way centerline unless otherwise directed by the
Town.
E. Ducts and conduits shall be installed by trenchless excavation or directional boring
whenever commercially economical and practical. Trenchless excavation shall be used to place
Facilities under paved Public Rights-Of-Way centerline unless otherwise directed by the Town.
Sec. 79-20 As Built Maps and Records.
User shall maintain accurate maps and other appropriate records of its facilities and equipment as
they are actually constructed in the Rights-of-Way, including, upon request, the use of Auto
CAD/GIS digital format. User will provide additional maps to the Town upon request.
Sec. 79-21 Courtesy and Proper Performance.
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User shall make citizen satisfaction a priority in using the Right-of-Way. User shall train its
employees to be customer service-oriented and to positively and politely interact with citizens
when dealing with issues pertaining to its facilities and related ground equipment in the Right-of-
Way. User's employees shall be clean, courteous, efficient, and neat in appearance and committed
to offering the highest quality of interaction with the public. If,in the opinion of the Town Manager
or designee,User is not interacting in a positive and polite manner with citizens,the Town Manager
may request User to take all remedial steps to conform to these standards.
Sec. 79-22. Drug Policy.
It is the policy of the Town to achieve a drug-free workforce and workplace. The manufacture,
distribution, dispensation,possession, sale, or use of illegal drugs or alcohol by User's employees,
contractors, subcontractors, sub-Network Provider's, or vendors while on Town Premises is
prohibited.
Sec. 79-23 Tree Maintenance.
User, its contractors, and agents shall obtain written permission from the Town Manager before
trimming trees hanging in the Right-of-Way. When directed by the Town Manager, Network
Provider shall trim under the supervision and direction of the Town Manager. The Town shall not
be liable for any damages, injuries, or claims arising from User's actions under this section.
Sec. 79-24 Signage.
User shall post its name, location identifying information, and emergency telephone number in an
area on a cabinet of a facility that is visible to the public. Signage required under this section shall
not exceed 4" x 6", unless otherwise required by law (e.g. RF ground notification signs) or the
Town Manager.
Except as required by Laws or by the Utility Pole owner, User shall not post any other signage or
advertising on the facilities or equipment.
Sec. 79-25. Graffiti Abatement.
As soon as practical, but not later than fourteen (14) calendar days from the date User receives
notice thereof, User shall remove all graffiti on any of its facilities and related ground equipment
located in the Right of Way and shall restore to the previous condition or better. The foregoing
shall not relieve the User from complying with any Town graffiti or visual blight ordinance or
regulation.
Section 79-26 Alternate means or method; waiver
A. A person may file a request with the Town Manager to use alternate means or methods in
right-of-way construction or maintenance. In determining whether any requirement under this
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section may be waived or if an alternate method or means may be used, the Town Manager may
consider all reasonable factors, including but not limited to:
(1) whether the requirement or the alternate means or method or waiving the requirement
would subject the person or persons or public to an unreasonable increase in risk;
(2) whether the requirement or the alternate means or method or waiving the requirement
would subject the person or persons or public to an unreasonable increase of service interruption'
(3) whether the requirement or the alternate means or method or waiving the requirement
would subject the person or persons or public to an unreasonable increase in potential for liability
for accidents;
(4) whether the requirement or the alternate means or method or waiving the requirement
would subject the person or persons or public to an unreasonable delay in construction;
(5) whether the requirement or the alternate means or method or waiving the requirement
would subject the person or persons or public to an unreasonable delay in availability of services;
or
(6) to any other unreasonable technical or economic burden.
B. There shall be no right to receive permission to use an alternative means or method and
denial by the Town Manager shall be final.
Sec. 79-27 Orderly use of the Right-of-Way by Multiple Users
A. In the exercise of governmental functions, the Town has first priority over all other uses of
the rights-of-way. Traffic uses shall be considered as the primary use and the Town reserves the
right to lay sewer, water, gas and other pipe lines or cables and or cables and conduits, and to do
underground and overhead work, including attachments, restructuring or changes in aerial or
underground facilities in, across, along, over, or under a public street, alley or right-of-way and to
change the curb, sidewalks of the grade of streets. Uses should be designed so as to cause the least
interference with traffic, including signalization.
B. The Town shall assign the location in or over the rights-of-way among competing users of
the rights-of-way with due consideration to the public health, safety and welfare considerations of
each user type, and to the extent the Town can demonstrate that there is limited space available for
additional users, may limit new users or require removal of abandoned or obsolete facilities, as
allowed under state or federal law.
C. If the Town authorizes abutting landowners to occupy space under the surface of any street,
alley or rights-of-way, the grant to an abutting landowner shall be subject to the rights of the
previously authorized users of the public rights-of-way. If the Town closes or abandons a public
right-of-way that contains a portion of a person's facilities, the Town may close or abandon such
right-of-way subject to the right of the person, provided said facilities have not been abandoned
and provided the person is a registered user of the right-of-way.
Sec. 79-28-100. - Reserved.
ARTICLE III. – DESIGN MANUAL
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79-101 Purpose
This Design Manual is for maintenance of, siting and criteria for the installation of Wireless
Facilities, including Micro Network Nodes, Network Nodes, Node Support Poles and related
ground equipment and applies to any and all maintenance, siting, installations, collocations, or
other placement of, in, over or under the Public Rights-of-Way of Network Nodes,Node Support
Poles, Micro Network Nodes, Distributed Antenna System(s), microwave communications or
other Wireless Facilities, by whatever nomenclature, whether they are installed pursuant to
Chapter 284 of the Local Government Code or installed pursuant to an Agreement to use the Right-
of-Way or Authorization or installed as may otherwise be allowed by state law.
The Town enacts these design requirements and guidelines in order to meet its fiduciary duty to
its citizens, and to give assistance and guidance to Network Providers in the safe, aesthetically
pleasing, efficient, and timely installation of facilities.
Section 79-102. Prohibited or Restricted Areas for Wireless Facilities in the Right-of-Way
A. Prohibited: Municipal Parks and Residential Areas.
A Network Provider may not install a new Node Support Pole in the following locations:
(1) in a Municipal Park; or
(2) in right-of-way that is adjacent to a Street that is:
(a)not more than fifty(50)feet wide at average width,measuring vehicular traveled portion
only as set out in the definition of"Street" and the measurement does not include intersection and
refers only to the main traveled portion measured at mid-block or mid-point between intersections;
and
(b) adjacent to developed or undeveloped single-family residential lots, other multifamily
residential area or land that is designated for residential use by zoning or deed restrictions.
(3) Construction in right-of-way adjacent to a school is prohibited, unless all contractors, sub-
contractors, or other workers follow all statutory requirements in the Educational Code regarding
work on school grounds, including but not limited to chapters 21 and 22.
B. Prohibited: Undergrounding District.
(1) Above ground structures shall not be installed in an Underground District or Underground
Requirement Area, except as provided herein.
(2) 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 the appropriate zoning, land use approval or other required approval.
(3) In addition to areas designated in this ordinance, future areas may be designated from time
to time by the Town as Underground Required Areas by any means, including but not limited to
means such as ordinances, resolutions, or filed plats. If an area is converted from an area that
allows overhead lines to one that prohibits overhead lines, all subsequent installations shall meet
the requirements for an Underground District.
(4) If a location is designated by the Town to be Underground Required Area, then a Network
Provider's permit for the location of the Micro Network Node,Network Node,Node Support Pole,
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and related ground equipment at such location will be automatically revoked,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 allowed for the transition of other
overhead facilities.
C. Restricted: Historic District and Design Districts.
(1) A Network Provider must obtain advance written approval from the Town before
collocating Network Nodes or installing Node Support Poles in a Design District with Decorative
Poles or in an area of the Town zoned or otherwise designated as a Design District or Historic
District.
(2) Concealment Required
(a) As a condition for approval of Network Nodes or Node Support Poles in Design
Districts with Decorative Poles or in a Historic District, Concealment measures are required for
Network Nodes or Node Support Poles or related ground equipment or any portion of the Nodes,
poles, or equipment.
(b) said Concealment measures shall minimize the impact to the aesthetics in a Historic
District or Design District.
(3) Network Provider shall comply with and observe all applicable Town, State, and federal
laws and requirements, including historic preservation laws and requirements.
D. Collocation will not be allowed on decorative poles in any district.
E. Historic Landmarks.
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 Town, State or
Federal government (see,for example, and not limited to §442.001(3) of the Texas Government
Code, and 16 U.S.C. §470), as of the date of the submission of the permit.
F. Designated Areas
(1) The Council may designate an area as a Historic District, Design District or Underground
District at any time.
(2) Underground District
(a) The following Planned Development districts are underground districts:
(i) PD 1-1
(ii) PDI-2
(iii) PDI-3
(iv) PD2
(v) PD3-1
(vi) PD3-2
(vii) PD3-3
(viii) PD3-4
(ix) PD3-5
(x) PD3-6
(xi) PD3-7
(xii) PD3-8
(xiii) PD3-9
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(xiv) PD3-10
(xv) PD3-11
(xvi) PD3-12
(xvii) PD4
(b) Underground Districts or Underground Requirement Areas are not limited to those
designated above and any area that meets the definition of Underground District or Underground
Requirement Area. An area does not need to be designated by this Ordinance to be considered to
be within an Underground District. Such designation does not require a zoning case. Any area
declared to be an Underground District by Town Council or any area that meets the definition of
Underground District or Underground Requirement Area shall be subject to all requirements and
protections for an Underground District.
(3) Design District
(a) The following Planned Development districts are Design Districts:
(i) PDl-1
(ii) PDI-2
(iii) PDI-3
(iv PD2
(v) PD3-1
(vi) PD3-2
(vii) PD3-3
(viii) PD3-4
(ix) PD3-5
(x) PD3-6
(xi) PD3-7
(xii) PD3-8
(xiii) PD3-9
(xiv) PD3-10
(xv) PD3-11
(xvi) PD3-12
(xvii) PD4
(b) The Town Council may designate an area as a Design District at any time. An area
does not need to be designated in this Ordinance to be considered to be within a Design District.
Such a designation does not require a zoning case. Any area designated by Town Council as a
Design District or any area that meets the definition of a Design District shall be subject to all
requirements and protections for a Design District.
(4) Historic District
The Town Council may designate an area as a Historic District at any time. An area does
not need to be designated by this Ordinance to be considered to be within a Historic District. Such
designation does not require a zoning case. Any area declared to be a Historic District by Town
Council or any area that meets the definition of Historic District shall be subject to all requirements
and protections for a Historic District.
G. Defense
It shall be a defense to the above requirements prohibiting or restricting location of facilities in a
Park, Residential area, Historic District, Design District or Underground District that the Network
Provider obtained advance written approval or waiver of restrictions from the Town before
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collocating new Network Nodes or installing new Node Support Poles or ground equipment in a
prohibited or restricted location. In any prosecution herein for such prohibition or violation of any
restrictions, it shall be an affirmative defense to have an Agreement with the Town that approved
such location or waived the applicable restriction.
If an Agreement is granted to locate in a prohibited location, the Network Provider shall be
required, as a condition for approval of new Network Nodes or new Node Support Poles in a
prohibited location, to install reasonable design or concealment measures for the new Network
Nodes or new Node Support Poles. Therefore, any request for installations in a prohibited location,
must be accompanied with concealment measures in the permit applications.
The Town requests that a Network Provider explore the feasibility of using certain 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 all locations of the Town.
H. Private Deed Restrictions and Property Owners Association Rules.
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.
I. Ground equipment
(1) Ground Equipment shall be minimal and the least intrusive at all sites.
(2) In order to maximize line of sight at street corners and intersections and minimize hazards
at those locations, ground equipment may not be installed within 250 feet of a street corner or
street intersection.
(3) Ground equipment may not be installed at street corners or intersections within a visibility
triangle.
(4) Ground equipment shall not be installed near a driveway.
J. Each Permit Application shall designate if the requested area for installation is within one
a Residential area, a Municipal Park, an Underground District or Underground Requirement Area
or a Historic District or a Design District.
Sec. 79-103 Preferred Location
A. The following locations, in the order listed, are the preferred locations for installation of
poles or wireless facilities:
(1) Industrial areas.
(2) Areas designated by the Town as a Highway Rights-of-Way Area,provided that such areas
are not adjacent to a Municipal Park, Residential Area, Historic District, Design District or any
prohibited area set out above.
(3) Retail and Commercial areas,provided such areas are not in a prohibited location, such as
an Underground District, Design District or Historic District.
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B. In the absence of state law or an Agreement or Municipal Authorization providing
otherwise,Network Nodes shall be restricted to Preferred Locations set out in this section.
79-104 Order of Preference regarding attachment to existing facilities.
A. The following shall be the order of preference for the attachment of Network Nodes to
existing facilities,beginning with most preferred location and ending with least preferred location.
In addition to the preference set out by the Town, existing facilities may be owned by third parties
and may not be available for attachment of facilities or may require authorization from other
parties.
B. Order of preference from most preferable to least preferable.
(1) Most preferable-Existing telephone or electrical lines between existing utility poles.Micro
Network Nodes shall only be lashed on existing telephone or electrical 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) Preferable-Existing Utility Poles(electric poles or telephones poles), shall be the preferred
support facility for Network Nodes and related ground equipment.
(3) Least preferable - Municipal Service Poles, which shall require an agreement with the
Town. Municipal Service Poles includes (in order of preference):
(a)Non-decorative street lights.
(b) Traffic signal structures — Network Nodes may only be attached to traffic signal
structures when such installation will not interfere with the integrity of the facility and will not
interfere with the safety of the public. Any installation of Network Node facilities on any traffic
signal structures shall:
(i) Be encased in a separate conduit than the traffic light electronics;
(ii) Have a separate electric power connection than the traffic signal structure;
(iii) Shall not puncture or drill into the structure; and
(iv) Have a separate access point than the traffic signal structure.
(c) Other municipal service pole use is discouraged.
(4) New Node Support Poles shall also be least preferred. Collocation shall generally be
preferred over new poles. New poles shall not be installed in prohibited areas and shall only be
allowed in restricted areas to the extent all requirements are followed or a waiver is granted. Any
new poles shall be camouflaged to the extent allowed by law as set out in this Chapter.
C. Ground equipment should be minimal and the least intrusive.
D. In the absence of state law or an Agreement or Municipal Authorization providing
otherwise, Network Nodes, if allowed, shall be restricted to Most Preferable Locations set out in
this section and shall be prohibited in the Least Preferable.
Sec. 79-105. Placement Requirements.
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A. 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. Section 12101 et
seq.).
B. Network Node facilities shall be installed in accordance with section 79-10 and all other
applicable requirements of this Chapter.
C. Right-of-Way.
(1) Network Nodes installation shall follow all applicable requirements of this chapter,
including section 79-10.
(2) Network Node facilities, Node Support Poles and related ground equipment shall be
placed, as much as possible, within two (2) feet of the outer edge of the Right-of-Way line.
(3) Node Support Poles and related ground equipment shall not impede pedestrian or vehicular
traffic in the Right-of-Way.
(4) No protrusion from the outer circumference of the existing structure or pole shall be more
than two (2) feet.
D. Parks.
For the safety of park patrons,particularly small children, and to allow full line of sights near 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. The Network Provider may request
a waiver of the requirement that such equipment not be within 250 feet of a park from the Board
of Adjustment.
E. There shall be no more than one (1)Network Node on any one Pole.
Sec. 79-106. Camouflage Required When Possible
A. Camouflage is required by the Town when Wireless facilities are allowed, as set forth
above, in Design Districts with Decorative Poles or in Historic Districts.
B. It is the Town's preference that all new node support poles be camouflaged, except those
located in an area zoned or predominantly industrial.
C. Companies shall submit their proposal for camouflage with the permit application.
Sec. 79-107. General Requirements
A. Confirmation of non-interference with Town Safety Communication Networks.
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(1)The Network Provider shall provide analysis that the proposed network node shall not cause
any interference with Town public safety radio system, traffic signal light system, or other Town
safety communications components.
(2) It shall be the ongoing responsibility of the Network Provider to evaluate, prior to making
application for permit and while Network Nodes remain in the Right-of-Way, the compatibility
between the existing Town infrastructure and Provider's proposed Network Node. A Network
Node shall not be installed in a location that causes any interference and any Network Node that
causes destructive interference post-installation shall correct such interference or be removed and
shall follow all federal regulations regarding interference.
(3) Network Nodes shall not be allowed on Town's public safety radio infrastructure.
B. Size Limits.
(1) Network Providers shall provide detailed drawings, with calculations to show strict
conformity to the size limitations as set forth in this Chapter.
(2) To the extent authorization is provided by franchise or license, the franchise or license
controls.
(3) To the extent authorization is provided by state law which sets out size limits, the size
limits in the state law control.
(4) If authorization is provided through a state law with no size limits, or other authorization
with no size limits, the size limits of this section shall control.
(5) Unless otherwise provided by state law or Municipal Authorization, License, Franchise or
Agreement, the following maximum size limits are applicable (required):
(a) Micro Network Node dimensions — Maximum Length: twenty-four 24 inches;
Maximum Width fifteen 15 inches; Maximum Height twelve 12 inches. If there is an exterior
antenna, it shall not be longer than eleven (11) inches.
(b) Network Node Maximum height not to exceed three feet (3') above existing pole or
structure; Maximum volume six (6) cubic feet; and may not protrude more than two feet from the
outer circumference of the existing structure or pole.
(c) Pole Height Not to exceed the lesser of ten(10) feet in height above the tallest existing
utility pole located within 500 linear feet of the new pole or fifty five (55) feet;
(d) Ground equipment, separate from the pole,may not be higher than three feet six inches
(3'6") from grade, wider than three feet six inches (3'6").
(e) When not otherwise set out in this ordinance or in a Municipal Authorization, the size
limits shall not be greater than size limits set forth for structures or equipment in chapter 284 of
the Local Government Code.
(f) Size limits may be reduced when necessary for public health, safety or welfare.
C. Size limits provided by state law are only applicable for so long as required by state law.
If said state law is found to be repealed, struck down, pre-empted or invalid, in whole or in part,
the standards required by the Town, either in the Municipal Authorization or an amendment to the
Municipal Authorization or the directives of the Town or this Chapter, shall be required and such
standards shall be subject to individualized review.
D. Concealment.
The Network Node facilities shall be concealed or enclosed as much as possible in an equipment
box,cabinet,or other unit that may include ventilation openings.External cables and wires hanging
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off a pole shall be sheathed or enclosed in a conduit, so that wires are protected and not visible or
visually minimized to the extent possible.
E. New Node Support Pole Spacing and Placement.
(1) New node support poles shall be 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, unless a lesser distance is approved by the Town
Manager.
(2) New poles shall be placed a minimum of 5 feet from a street curb or travel lane and 18
inches from a sidewalk to minimize the potential of being struck by a motor vehicle or bicycle.
(3) New poles shall be placed on breakaway anchor bolt supports or bases to minimize the
impact severity to motor vehicles that strike the pole.
F. Minimize Ground Equipment Concentration.
In order to minimize negative visual impact to the surrounding area, the Town's designee may
deny a request for a proposed Location if the Network Provider installs Network Node ground
equipment where existing ground equipment already occupies a footprint of 25 sq. ft. or more.
G. Allowed Colors.
Colors shall meet the requirements set out in Section 79-10 "Construction and Maintenance
Standards" (A)(19).
H. 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 Town 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 American Disabilities Act, then Network Provider
shall remove the Network Node facilities,Node Support Poles or ground equipment.
1. Ground Equipment.
(1) Ground equipment should be minimal and the least intrusive. 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 corners 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 Town Manager in writing.
(3) To enhance the safety requirements of line of sight of pedestrians, particularly small
children,the Town's designee may deny a request for a proposed Location if the Network Provider
installs Network Node ground equipment where existing ground equipment within 300 feet already
occupies a footprint of twenty-five (25) square feet or more.
(4) Ground equipment shall not be installed in such a manner as to interfere with a sight
visibility triangle.
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J. Municipal Service Poles:
(1) An Agreement shall be required for all installations on Municipal Service Poles and all
such installations shall be in accordance with the Agreement.
(2) 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.
(3) Height of attachments:
(a) All attachments on all Service Poles shall be at least 8 feet above grade; and
(b) 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 sixteen
(16) feet above the ground;
(c) And meet all applicable requirements of State law and this Chapter.
(4) 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
the agreement with the Town. Installation of Network Node facilities on any traffic signal
structures or service pole 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;
(c) Have a separate access point than the traffic signal structure;
(d) Shall not puncture or drill into the structure;
(e) Shall not be installed on the mast arm; and
(f) Meet all other requirements of State law and this Chapter.
(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
and must be in accordance with the Agreement with the Town. Installation of Network Node
facilities on any street signage structures that has electrics shall:
(a) Be encased in a separate conduit than any Town signage electronics;
(b) Have a separate electric power connection than the signage structure;
(c) Have a separate access point than the signage structure; and
(d) Meet all other requirements of State law and this Chapter.
(K) Certification
(1) Application: Network Node provider will furnish a certification that the proposed Network
Node will be placed into active commercial service by or for a Network Provider not later than the
601h day after the date the construction and final testing of the Network Node is completed.
(2) Within sixty(60) days after construction is complete,Network Node provider will furnish
a certification that the proposed Network Node is in active commercial service by or for a Network
Provider and will furnish such certification with its Registration as required by section 79-8.
Sec. 79-108. Electrical Supply
Network Provider shall be responsible for obtaining any required electrical power service to the
Micro Network Node, Network Node facilities, Node Support Poles and ground equipment. The
Town shall not be liable to the Network Provider for any stoppages or shortages of electrical power
furnished to the Micro Network Node, Network Node facilities, Node Support Poles or ground
equipment, including without limitation, stoppages or shortages caused by any act, omission, or
Ordinance 834
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requirement of the public utility serving the structure or the act or omission of any other tenant or
Network Provider of the structure, or for any other cause beyond the control of the Town.
Network Provider shall not allow or install generators or back-up generators in the Right-of-Way.
Sec. 79-109. Installation and Inspections
A. Installation
(1) Network Provider shall, at its own cost and expense, install the Micro Network Node,
Network Node facilities, Node Support Poles and related ground equipment in a good and
workmanlike manner and in accordance with the requirements promulgated by the Town Manager,
as such may be amended from time to time. Network Provider's work shall be subject to the
regulation, control and direction of the Town Manager.
(2) All work done in connection with the installation, operation, maintenance, repair,
modification, and/or replacement of the Micro Network Node, Network Node facilities, Node
Support Poles and related ground equipment shall be in compliance with any Agreement with the
Town as applicable and all applicable laws, ordinances, codes, rules and regulations of the Town,
County, State, and the United States ("Laws").
B. Standard Pole Load Analysis on Attachments to a Service Pole
All applications for permits to collocate or attach to any Service Pole must have included in its
permit application a completed industry standard individual pole load analysis performed and
sealed by an engineer licensed by the State of Texas that indicates that the Service Pole to which
the network node is to be attached will safely support the load. Such analysis shall also address
safety of pole and attachments in regard to wind loads, collision with motor vehicle, supporting
weight of the Node, interference with Town communications systems, and all other pertinent
information.
C. Inspections
The Town Manager may perform visual inspections of any Micro Network Node,Network Node,
Node Support Pole or related ground equipment located in the Right-of-Way as the Town Manager
deems appropriate without notice. If the inspection requires physical contact with the Micro
Network Node, Network Node, Node Support Poles or related ground equipment, the Town
Manager shall provide written notice to the Network Provider within five (5) business days of the
planned inspection. Network Provider may have a representative present during such inspection.
D. No installations shall be placed on the mast arm of a traffic control signal.
Sec. 79-110. Requirements in Regard to Removal, Replacement, Maintenance and Repair
A. Removal or Relocation by Network Provider
(1) If the Network Provider removes or relocates a Micro Network Node, Network Node
facilities, Node Support Pole or related ground equipment at its own discretion, it shall notify the
Town Manager in writing not less than ten (10) business days prior to removal or relocation.
Network Provider shall obtain all Permits required for relocation or removal of its Micro Network
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Node, Network Node facilities, Node Support Poles and related ground equipment prior to
relocation or removal.
(2) The Town shall not issue any refunds for any amounts paid by Network Provider for Micro
Network Node, Network Node facilities, Node Support Poles or related ground equipment that
have been removed.
(3) Any abandoned or obsolete Micro Network Node, Network Node, Node Support Pole or
other related equipment shall be removed in strict accordance with this Chapter and all other
applicable ordinances and state law.
(4) Network Provider shall remove Micro Network Node, Network Node facilities, Node
Support Pole or related ground equipment when such facilities are Abandoned regardless of
whether or not notice is received from the Town. Such removal must occur within ninety(90)days
from the date of Abandonment, unless additional time is allowed by the Town. The Network
Provider shall provide advance written notice of such removal which must be received by the
Town at least two (2)working days prior to the removal,except in case of emergency. Such notice
shall specify the location and description of each Micro Network Node, Network Node facilities,
Node Support Pole or related ground equipment to be removed.
(5) The Town Manager may require the Network Provider to complete additional remedial
measures necessary for public safety and the integrity of any, Town facilities and the Right-of-
Way.
B. Removal or Relocation Required for Town Project
A Network Provider shall relocate or adjust Micro Network Node, Network Node, Node Support
Pole and related ground equipment in a public right-of-way in a timely manner in accordance with
79-12 and without cost to the municipality managing the public right-of-way
Pursuant to state law and as a condition for occupancy of the right-of-way, the Network Provider
may be required by the Town to remove or relocate any of its facilities, including but not limited
to, its Micro Network Node,Network Node,Node Support Pole and related ground equipment, or
any portion thereof from the Right-of-Way, and Network Provider shall, at the Town Manager's
direction, remove or relocate the same at Network Provider's sole cost and expense, whenever the
Town Manager reasonably determines that the relocation or removal is needed as set out in section
79-12.
If Network Provider fails to remove or relocate the Micro Network Node, Network Node, Node
Support Pole or related ground equipment, or portion thereof as requested by the Town Manager
within 90 days of Network Provider 's receipt of the request, then the Town shall be entitled to
remove the Micro Network Node,Network Node,Node Support Pole or related ground equipment,
or portion thereof at Network Provider's sole cost and expense, without further notice to Network
Provider, and Network Provider shall, within 30 days following issuance of invoice for the same,
reimburse the Town for its reasonable expenses incurred in the removal (including, without
limitation, overhead and storage expenses) of the Micro Network Node, Network Node, Node
Support Pole or related ground equipment, or portion thereof.
C. Removal Required by Town for Safety or Due to Imminent Danger; or for Improper
Permitting or Licensing
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Network Provider shall, at its sole cost and expense, promptly disconnect, remove, or relocate the
applicable Micro Network Node,Network Node,Node Support Pole and related ground equipment
within the time frame and in the manner required by the Town Manager if the Town Manager
reasonably determines that the disconnection, removal, or relocation of any part of a Micro
Network Node,Network Node,Node Support Pole and related ground equipment(a) is necessary
to protect the public health, safety, welfare, or Town property, (b) the Micro Network Node,
Network Node,Node Support Pole and related ground equipment, or portion thereof, is adversely
affecting proper operation of streetlights or Town property, or(c)Network Provider fails to obtain
all applicable licenses, Permits, and certifications required by Law for its Micro Network Node,
Network Node, Node Support Pole and related ground equipment, or use of any Location under
applicable law. If the Town Manager reasonably determines that there is imminent danger to the
public, then the Town may immediately disconnect, remove, or relocate the applicable Micro
Network Node, Network Node, Node Support Pole and related ground equipment at the Network
Provider's sole cost and expense.
The Town Manager shall provide 90 days written notice to the Network Provider before removing
a Micro Network Node, Network Node, Node Support Pole and related ground equipment under
this Section, unless there is imminent danger to the public health, safety, and welfare.
Network Provider shall reimburse Town for the Town's actual cost of removal of Micro Network
Node, Network Node, Node Support Pole and related ground equipment within 30 days of
receiving the invoice from the Town.
D. Restoration
Network Provider shall repair any damage to the Right-of-Way, or any facilities located within the
Right-of-Way, and the property of any third party resulting from Network Provider's removal or
relocation activities (or any other of Network Provider's activities hereunder) within 10 calendar
days following the date of such removal or relocation,at Network Provider's sole cost and expense,
including restoration of the Right-of-Way and such property to substantially the same condition as
it was immediately before the date Network Provider was granted a Permit for the applicable
Location or did the work at such Location(even if Network Provider did not first obtain a Permit),
including restoration or replacement of any damaged trees, shrubs or other vegetation. Such repair,
restoration and replacement shall be subject to the sole,reasonable approval of the Town Manager.
E. Network Provider Responsible
Network Provider shall be responsible and liable for the acts and omissions of Network Provider's
employees, temporary employees, officers, directors, consultants, agents, Affiliates, subsidiaries,
sub-Network Provider's and subcontractors in connection with the installations of any Micro
Network Node, Network Node, Node Support Pole and related ground equipment, as if such acts
or omissions were Network Provider's acts or omissions.
Sec. 79-111. Requirements Upon Abandonment
Upon Abandonment or upon being deemed abandoned, Network Provider has a duty to promptly
remove its facilities from the right-of-way. Notice from the Town is not a prerequisite to the
requirement for removal.
Ordinance 834
Page 36 of 39
If the Network Provider does not promptly remove its facilities removal procedures as set out in
section 79-18 may be followed.
Sec. 79-112. General Provisions.
A. All requirements of this Chapter, including Article 11, shall be met as applicable.
B. No Town Allocation of Funds for Removal and Storage
All costs of any removal or storage of Micro Network Node, Network Node, Node Support Pole
and related ground equipment, as authorized under this Article, shall be the responsibility of the
Network Provider and the Town is not required to expend any funds to meet the requirements of
the Network Providers. Any funds expended by the Town due to an emergency or failure of a
Person to abide by these requirements shall be reimbursed to the Town.
C. Ownership.
No part of a Micro Network Node, Network Node, Node Support Pole and related ground
equipment erected or placed on the Right-of-Way by Network Provider will become, or be
considered by the Town as being affixed to or a part of, the Right-of-Way. All portions of the
Micro Network Node, Network Node, Node Support Pole and related ground equipment
constructed, modified, erected, or placed by Network Provider on the Right-of-Way will be and
remain the property of Network Provider and may be removed by Network Provider at any time,
provided the Network Provider shall notify the Town Manager prior to any work in the Right-of-
Way.
D. Size Limits.
Network Providers shall provide detailed drawings, with calculations to show strict conformity to
the size limitations as set forth in this chapter or state law with each application, notice of work to
be performed or request for a permit for each location; provided, however, where possible
Providers are encouraged to reduce the size of installed facilities.
The size limits in this Chapter are only applicable for so long as required by state law. If Chapter
284 of the Local Government Code is found to be repealed, struck down, pre-empted or invalid,
in whole or in part, the standards required by the Town, either in the Municipal Authorization or
an amendment to the Municipal Authorization or the directives of the Town or this Article then
such standards shall be subject to individualized review.
Sec. 79-113. Insurance, Indemnity, Bonding and Security Deposits.
Insurance, indemnity, bonding and security deposits shall be in strict accordance with the Town's
rights-of-way management ordinance, and other applicable ordinances, except to the extent not
consistent with state law.
Sec.79-114. Design Manual—Updates
Ordinance 834
Page 37 of 39
Placement or Modification of Micro Network Node, Network Node, Node Support Pole and
related ground equipment shall comply with the Town's Design Manual at the time the Permit for
Installation or Modification, and as said Design Manual may be approved or amended from time
to time.
Reserved 79-115 through 79-150
ARTICLE IV— EXEMPTION PROCESS
Sec. 79-151. Administrative Hearing—Request for Exemption
A. Should any person utilizing or proposing to utilize the right-of-way desire to request an
exemption from a specific standard set forth in this Chapter, and section 79-26 is not applicable,
the person may request an Administrative Hearing before a Board of Appeals. The Zoning Board
of Adjustment shall act as the Board of Appeals for a Request for Exemption under this Chapter.
B. Any person requesting an exemption from any of the requirements shall file such a request
with the Town Manager within fifteen(15)calendar days from the time that need for an exemption
arose. If an exemption is requested prior to construction, the request should be submitted prior to
filing for a permit.
C. An exemption shall only be granted if:
(1) Such exemption is not contrary to the public interest;
(2) Such exemption will not increase the burden on the right-of-way or other right-of-way
users;
(3) Such exemption shall not increase the right-of-way management or administrative duties
for Town staff;
(4) The exemption shall fit within the spirit of this Article; and
(5) The application of the ordinance in the particular circumstances would create an
unnecessary hardship.
D. It shall take an affirmative vote of four (4) members of the Board to grant the exemption.
SECTION 3: That nothing in this Ordinance shall be construed to affect any prosecution
currently pending, or any suit or proceeding currently proceeding in any Court, or any rights
acquired or any liability incurred, or any cause or causes of action acquired or existing, under any
act or prior ordinance, nor shall any legal right or remedy of any character be lost, impaired or
affected by this Ordinance.
SECTION 4. That the Code of Ordinances of the Town of Westlake, Texas, shall remain
in full force and effect, except as amended here.
SECTION 5: That any person, firm or corporation violating any of the provisions or terms
of this ordinance shall be subject to the same penalty as provided for in the Code of Ordinances of
Ordinance 834
Page 38 of 39
the Town of Westlake, and upon conviction shall be punishable by a fine not to exceed the sum of
Two Thousand Dollars ($2,000.00) or Five Hundred ($500.00) for each offense. Each day that a
violation is permitted to exist shall constitute a separate offense.
SECTION 6: That any person violating any provision of this Chapter may be issued a
citation and upon conviction thereof, the person shall be deemed guilty of a misdemeanor and
punished as provided in subsection 1-9 of the Code of Ordinance of the Town of Westlake. Each
24-hour period of violation, and each separate act or condition in violation of this Chapter, shall
constitute a separate offense.
SECTION 7: It is hereby declared to be the intention of the Town Council of the Town
of Westlake, Texas,that sections,paragraphs, clauses and phrases of this Ordinance are severable,
and if any phrase, clause, sentence,paragraph or section of this Ordinance shall be declared legally
invalid or unconstitutional by the valid judgment or decree of any court of competent jurisdiction,
such legal invalidity or unconstitutionality shall not affect any of the remaining phrases, clauses,
sentences, paragraphs or sections of this Ordinance since the same would have been enacted by
the Town Council of the Town of Westlake without the incorporation in this Ordinance of any
such legally invalid or unconstitutional, phrase, sentence, paragraph or section.
SECTION 8: This ordinance shall take effect immediately from and after its passage as
the law in such case provides.
PASSED AND APPROVED ON THIS 281h DAY OF AUGUST 2017.
ATTEST: Laura Wheat, Mayor
Kell Edwards, Town Secretary omas E. Brymer, own Manager
„ : m
APPROV S ORM:
L. ton L r own Attorney
Ordinance 834
Page 39 of 39
TOWN OF WESTLAKE
ORDINANCE NO. 834
AN ORDINANCE ADDING CHAP-
TER 79 ENTITLED "RIGHT-OF-
WAY MANAGEMENT' OF THE
CODE OF ORDINANCES OF THE
STATE OF TEXAS TOWN OF WESTLAKE TEXAS
BY REPEALING SECTIONS 76-31
THROUGH 78-40 OF ARTICLE II
COUNTY OF TARRANT IING THEFOLLOWINGCHAPTER
79 "RIGHT-OF-WAY MANAGE-
MENT' PROVIDING FOR DEFI-
NITIONS, PROVIDING FOR UN-
AUTHORIZED USE OF THE PUB-
LIC RIGHT-OF-WAY; PROVID-
ING FOR AUTHORIZATION,
REGISTRATION COMPENSA-
TION AND FEES;
PROVIDING
FOR CONSTRUCTION AND
MAINTENANCE STANDARDS;
PROVIDING FOR PLANS OF RE-
CORD' PROVIDING FOR CON•
Be r me,a NO Public in Ind for said County and State,this day PROVEMENTS IPROV DIING F R
( �r IMPROPERLY INSTALLED FA-
personally appeared 11/l Advertising Re STORATSON PROVIDING PR PROPERTY-
PROVIDING the Star-Telegram,published by the Star-Telegram,Inc.at Fort Worth,in Tarrant County,T ORODENIAL OF PERMITA
PRO-
VIDING FOR APPEAL FROM
distributed in other surrounding Counties;and who,after being duly sworn,did dispose and say REVOCATION OR DENIAL of
PERMIT- PROVIDING FOR IN-
following clipping of an advertisement was published in the above named paper on the followin SPECT16NS; PROVIDING FOR
ABANDONED FACILITIES' PRO-
1
VIDING THAT UNDERGKOUND
INSTALLATION PREFERRED'
PROVIDING FOR AS BUILT
MAPS AND RECORDS;PROVID-
ING FOR COURTESY AND
PROPER PERFORMANCE; PRO-
VIDING FOR DRUG POLICY;
PROVIDING FOR TREE MAINTE-
NANCE' PROVIDING FOR
SIGNAGE; PROVIDING FOR
GRAFFITI ABATEMENT; PRO-
VIDING FOR ALTERNATE
MEANS OR METHOD;WAIVER'
PROVIDING FOR ORDERLY USE
OF THE RIGHT-OF-WAY BY
MULTIPLE USERS; PROVIDING
FOR A DESIGN MANUAL- PRO-
VIDING FOR PROHIBITED OR
RESTRICTED AREAS FOR
WIRELESS FACILITIES IN THE
RIGHT-OF-WAY' PROVIDING
FOR PREFERRED LOCATIONS'
PROVIDING FOR ORDER OF
PREFERENCE REGARDING AT-
TACHMENT TO EXISTING FA-
CILITIES' PROVIDING FOR
PLACOANT REQUIREMENTS'
PROVIDING FOR CAMOUFLAGE
Signed REQUIRED WHEN POSSIBLE;
PROVIDING FOR GENERAL RE-
QUIREMENTS; PROVIDING FOR
L ELECTRICAL SUPPLY PROVID-
Subscribed and sworn to before me,this the C^r day of � �; 20__aING FOR INSTALLATION AND
INSPECTIONS-PROVIDING FOR .
REQUIREMENT S IN REGARD TO
\ I ) RE OVAL REPLACEMENT,
Notary Pub ' }, [ �
PROVIDING
MAINTN G AND REPAIR;
PROVIDING FOR REQUIRE
-
REPLACEMENT,
ABANDONMENT;
Tarrant County,Te S RVDIGORGENERAL
PROVISIONS; PROVIDING FOR
INSURANCE, INDEMNITY,
BONDING AND SECURITY DE-
POSITS; PROVIDING FOR DE-
SIGN MANUAL UPDATES;PRO-
VIDING FOR ADMINISTRATIVE
HEARING- REQUEST FOR EX-
EMPTION; PROVIDING A SAV
LESLIE BUC
KLEY INGS CLAUSE;PROVIDING FOR
�PAv Pie% CRIMINAL PENALTIES•AND AN
?' n=Notary Public,State of Texa EFFECTIVE DATE, SECTION 5:
That any person,firm or corpo-
Q; Comm. Ex y
Aires 09-24-2021 ration violating any of the provl-
°iii Notary ID 128058280 shall betsubbject tolsthelsame
Codeltof Ordinances of thel Town
of Westlake, and upon convic-
tion shall be punishable by a
fine not to exceed the sum of
Two Thousand Dollars
($2,000.00) or Five Hundred
500.00) for each offense.
ach dayy that a violation Is per-
mitted to exist shall constitute
a separate offense. SECTION 6:
That anyparson violating any
irovision of this Chapter may be
ssued a citation and upon con-
viction thereof,the person shall
be deemed guilty of a misde-
meanor and punished as provid-
ed In subsection 1.9 of the Code
of Ordinance of the Town of
Westlake. Each 24-hour period
of violation and each separate
act or condltlon In violation of
this Chapter, shall constitute a
separate offense,PASSED AND
APPROVED ON THIS 28th DAY
OF AUGUST 2017.
y� Katherine C.Swaller AT&T Services,Inc. T 314.396.2682
.gad Assistant Vice President- 1010 Pine St. katherine.swaller@att.com
' Senior Legal Counsel Room 19E-K-01 att.com
St.Louis,MO 63101
February 13, 2018
VIA EMAIL
Thomas E. Brymer
Town Manager
1500 Solana Blvd.
Bldg. 7, Suite 7200
Westlake, TX 76262
tbrymer@westiake-tx.org
Re: Westlake ROW Ordinance and Design Manual
Dear Mr. Brymer:
I have reviewed Westlake's ROW Management Ordinance and Design Manual in light of
new Chapter 284 of the Local Government Code ("Chapter 284"). 1 appreciate the
opportunity to provide AT&T's comments; in that regard I would like to draw to your
attention to the following concerns:
79-4 AT&T is concerned that the definition of "street" could have the effect of
impermissibly broadening the application of the restrictions in §284.104 by limiting the
area considered to be a residential street to only the paved portion.
79-9(a) notes that a permit is required for all construction in the ROW. Section 284.157
exempts certain work in the ROW from permitting, including "replacing or upgrading a
network node or pole with a node or pole that is substantially similar in size or smaller...."
79-9(c)(5) prohibits meters on Town Poles or light structures. AT&T can comply by
placing meters on stub poles or ground equipment, but rotes that meters can be safely
mounted on poles, particularly wooden poles, and obviate the need for more equipment
in the ROW.
79-9(c)(21) requires that nodes be installed at no less than eight (8) feet above the
ground, unless the attachment is projecting toward the street in which case it must be
installed no less than sixteen (16) feet above the ground. Section 284.108(a)(2) expressly
allows an 8 foot requirement, but not the 16 foot. Such a requirement would be
permissible only where necessary to prevent interference with the ROW and not as a
blanket requirement. Moreover, at 16 feet, small cell equipment could end up in the
telecommunications space on utility poles and impede other users of those poles.
79-9(c)(o) specifies that all plans must be sealed by a professional engineer. Telephone
company employees are exempt from the requirements of the Occupations Code "with
respect to any plan, design, specification or service that relates strictly to the science and
art of telephony." §1001.061. While AT&T engages professional engineers for pole load
analyses and other specialized work, it should not be required to do so when simply
placing underground conduit and cable.
79-10(24) provides that a permit expires after 6 months. AT&T will do all that it can to
complete construction in the time frames specified but would note that the only
construction time frame required under Chapter 284 is at §284.155, which provides that
a"network provider shall begin the installation for which a permit is granted not later than
six months after final approval and shall diligently pursue the installation to completion."
79-10(27) requires that ground equipment with a footprint of 25 or more square feet be at
least 300 feet apart; and 79-102(1) prohibits placement within 250 feet of a street corner
or intersection. 79-105(d)further restrict ground equipment within 250 feet of a park. 79-
105(1) specifies similar restrictions. The only restrictions on ground equipment in Chapter
284 is that "ground-based enclosures, separate from the pole, may not be higher than
three feet six inches from grade, wider than three feet six inches, or deeper than three
feet six inches..." §284.003. These requirements would be consistent with Chapter 284
only if applied equally to all users of the ROW and enforced only as necessary to protect
health, safety and welfare.
79-102(a) restricts the placement of poles in parks and residential areas and relies on an
overly restrictive definition of street. Use of this definition of street has the effect of
impermissibly broadening the application of the restriction on the placement of new poles
in residential areas under §284.104. Moreover, in practice this location-specific
measurement approach could be subjective and lead to disputes. The definition of street
would be less of a concern to AT&T if the Town were to adopt workable standards for the
deployment of new poles in residential areas regardless of the width of a street. AT&T
believes with reasonable and cost-effective design parameters, new poles can be
deployed where needed without unreasonably impacting neighborhood aesthetics.
79-102(e)discourages a Network Provider from installing nodes and poles within 300 feet
of a historic site or structure or landmark. AT&T appreciates the Town's clear statement
of preference and the fact that the language does not impermissibly prohibit the
placement of facilities. AT&T will endeavor to work with the Town's preferences in all
cases and honor the aesthetics of the community.
79-103 and 102 identify the least and most preferable locations for placement of nodes
and poles. AT&T will make every effort to work with the Town's preferences and honor
the aesthetics of the Town, but a strict prohibition beyond that specifically provided in
Chapter 284 would conflict with the law.
79-104 requires that nodes on traffic signals have separate conduit, electric supply and
access point for traffic signals and street signs. AT&T is unsure of the separate access
point requirements and will request clarification.
2
79-105(e) require poles to be spaced at least 300 feet apart, as well as other spacing
restrictions. Chapter 284 does not include these restrictions. Such requirements would
be consistent with Chapter 284 only where necessary to manage particular ROW issues
and not as a blanket restriction specific to network providers alone. Sections 284.110
and 284.301 require municipalities to manage the ROW in a nondiscriminatory manner
as to all users of the ROW.
Thank you for the opportunity to provide comments. While AT&T is concerned that
Westlake's Ordinance and Design Manual may impose terms and conditions that are
inconsistent with Chapter 284 and other applicable laws, we will make every effort to work
cooperatively with the Town to successfully deploy Network Nodes and/or Poles and work
through any build-affecting issues, if or as, they may arise. AT&T is committed to
improving cell density and capacity in Westlake, and installing Network Nodes promptly
in the most ideal locations in the right-of-way is of great importance to AT&T. At the same
time, AT&T expressly reserves its right to challenge in the future any ordinance, rule,
requirements, or processes that conflict or otherwise do not comply with Chapter 284 and
other applicable laws. Please let me know if you have any questions.
Sincerely,
Katherine C. Swaller
cc: Linda Caram, AT&T Area Manager-External Affairs
3