Chapter 284: Network Nodes in ROW City Council Work Session August - - PowerPoint PPT Presentation

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Chapter 284: Network Nodes in ROW City Council Work Session August - - PowerPoint PPT Presentation

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Chapter 284: Network Nodes in ROW City Council Work Session August 8, 2017 Senate Bill 1004 Approved by the Texas Legislature during 2017 Regular Session Effective September 1, 2017 Establishes new Chapter of the Texas Local

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Chapter 284: Network Nodes in ROW

City Council Work Session August 8, 2017

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Senate Bill 1004

  • Approved by the Texas Legislature during 2017 Regular

Session

  • Effective September 1, 2017
  • Establishes new Chapter of the Texas Local Government Code
  • Chapter 284: Deployment of Network Nodes in the Public

Right-of-Way

  • Limits cities’ ability to regulate and collect fees relating to

the placement of wireless telecommunications infrastructure in the right-of-way

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Purpose

  • Regulate the placement of new “small cell” wireless infrastructure:
  • Network nodes, network support poles, transport facilities

From This To This

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Examples

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Examples

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Intent

  • Promote adoption and encourage competition by reducing barriers to

entry

  • Empower wireless network providers to “densify” networks and add

capacity

  • Provide an efficient method to add capacity
  • Update regulations to account for new technology
  • Establish uniform framework for right-of-way access
  • Allow for reasonable municipal oversight and fees

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Key Provisions

  • Network providers permitted access to public right-of-way to install

network nodes, use existing utility poles and install new poles

  • Also permitted on city service poles (street light and signal poles)
  • New poles not allowed in municipal park or residential streets less

than 50 feet wide

  • Reasonable concealment measures may be requested in historic or

design districts

  • Network providers must comply with non-discriminatory

undergrounding requirements

  • Cities may adopt design manuals detailing installation and

construction requirements – if no conflicts with Chapter 284

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Key Provisions

  • Cities may require a permit for most kinds of work
  • Cities must act within certain time periods (shot clocks)

Network Nodes:

  • 30 days to determine

completion of application

  • 60 days to approve or

deny Node Support Poles:

  • 30 days to determine

completion of application

  • 150 days to approve
  • r deny

Transfer Facilities:

  • 10 days to determine

completion of application

  • 21 days to approve or

deny

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Key Provisions

  • Limits fees that cities may charge

Network Nodes:

  • Application Fee:

lesser of actual cost

  • r $500
  • Annual Rental Rate:

$250 per year + CPI adjustment Node Support Poles:

  • Application Fee:

lesser of actual cost

  • r $1,000
  • Annual Rental Rate:

$250 per year + CPI adjustment Transfer Facilities:

  • Application Fee:

lesser of actual cost

  • r $500
  • Annual Rental Rate:

$28 per month

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Impact on Cities

  • Restricts cities’ ability to regulate placement and design of

wireless network facilities within the right-of-way

  • Opens city poles, street lights, traffic signals, and signs for the

placement of wireless network facilities

  • Dictates timeline for review and consideration of permits
  • Limits permit fees and rental rates that cities may charge
  • Requires that cities not discriminate against wireless network

providers

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Impact on Utilities

  • Wireless Network Providers:
  • Easier, cheaper and quicker infrastructure installation
  • Other Utilities:
  • No direct impact
  • Non-discriminatory requirement – wireless network providers

must be treated like other utilities

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Town Response

  • Respond to regulatory changes in Chapter 284
  • Protect safety, health and public welfare
  • Limit the impact of wireless telecommunications

infrastructure where the Town has invested in the aesthetics of the area Goals:

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Town Response

  • Adopt new right-of-way management

regulations

  • Adopt design manual
  • Develop pole attachment agreement

Required Actions:

  • Designate municipal parks
  • Replat properties out of the right-of-way
  • Designate Underground and Design Districts

Optional Actions:

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Right-of-Way Management Regulations

  • Chapter 284 allows the use of a right-of-way management
  • rdinance to regulate wireless infrastructure in public rights-of-

way

  • Town staff and City Attorney’s office are drafting substantial

amendments to Chapter 70, Streets, Sidewalks, and Other Public Places, to allow for regulation of all utilities including those subject to Chapter 284

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Right-of-Way Management Regulations

  • Key Provisions of Ordinance Revisions:
  • Reserves Town’s primary right to the right-of-way
  • Establishes permitting process and fees
  • Describes design, construction and safety standards
  • Provides indemnification, insurance, bonding and liability

requirements

  • Designates any underground or design districts

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Design Manual

  • Technical manual for implementation of the Right-of-Way

Management Ordinance, as it relates to Chapter 284

  • Key Provisions of Design Manual:
  • Defines permitting process, submittal documents
  • Describes requirements for design and installation of network

nodes and new support poles

  • Prohibits interference with Town communications

infrastructure

  • Emergency Communications, Airport, Traffic Signals,

Utilities

  • Establishes abandonment, relocation and removal

requirements and responsibilities

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Pole Attachment Agreement

  • Cities can require an agreement between the city and a network

provider to access and use municipal poles

  • Dictates the terms of use
  • Prohibits discrimination among providers
  • Legal drafting a template agreement
  • Recommended that the City Council authorize the City Manager

to execute agreements

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Designate Municipal Parks

  • Chapter 284 - New node support poles may not be placed in right-of-

way in a municipal park without city’s consent

  • Additional considerations:
  • Election is required for the sale of any park land
  • If changing use of park land, city must:
  • Give notice and hold public hearing
  • Determine that there is no feasible and prudent alternative
  • Project must be designed to minimize impact to the park
  • Inconsistent nomenclature in the past

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Designate Municipal Parks

  • Currently Designated Parks:
  • Town Park
  • Town-owned Property:
  • Addison Circle Park
  • Beltway Park
  • Celestial Park
  • Dome Park
  • Quorum Park
  • Winnwood Park
  • White Rock Creek Trail

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Designate Municipal Parks

  • Plat Dedication Language:
  • Public Park:
  • Beltway Landscaping
  • Bosque Park
  • Les Lacs Park
  • North Addison Park
  • Parkview Park
  • Spruill Park
  • Vitruvian Park
  • Portion of Redding Trail
  • Portion of Marsh

Landscaping

  • Greenbelt
  • Portion of Redding Trail
  • Portion of Marsh

Landscaping

  • Open Space
  • Beckert Park
  • Greenbelt/Open Space
  • Les Lacs Pond
  • Beltway Landscaping
  • Portion of Marsh

Landscaping

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Replat Portions of Right-of Way

  • Areas where public right-of-way includes large landscape areas
  • If part of the right-of-way, could be attractive location for

wireless network facilities

  • Could be replatted as separate Town owned properties instead
  • f right-of-way
  • Will require engineering/survey work and approval by P&Z
  • Estimated Cost: $160,000 ($5,500 per parcel)
  • Cannot be accomplished by September 1st

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Replat ROW as Town-Owned Properties

  • Arapaho Road ROW adjacent to Surveyor Pump Station:

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Replat ROW as Town-Owned Properties

  • Les Lacs landscape island:

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Replat ROW as Town-Owned Properties

  • Midway Meadows cul-de-sacs and landscape islands:

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Replat ROW as Town-Owned Properties

  • Midway Road/Dooley Road ROW:

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Replat ROW as Town-Owned Properties

  • Oaks North cul-de-sacs and landscape islands:

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Replat ROW as Town-Owned Properties

  • Vitruvian Way ROW:

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Replat ROW as Town-Owned Properties

  • Arapaho Road/Edwin Lewis ROW:

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Replat ROW as Town-Owned Properties

  • South Quorum ROW:

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Underground District

  • Chapter 284 – Network providers must comply with non-

discriminatory undergrounding requirements

  • Requirement would apply to all utilities and the Town itself
  • Areas currently undergrounded:
  • Areas not currently undergrounded:
  • Addison Circle
  • Addison Grove
  • Arapaho Road
  • Portion of Belt Line Road
  • Portions Beltway Drive
  • Landmark Blvd
  • Portions of Quorum Drive
  • Vitruvian Park
  • Portion of Beltway Drive
  • Portion of Belt Line Road
  • Portion of Quorum Drive
  • Montfort Drive

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Underground District Options

Do Nothing Establish Underground Districts for areas already undergrounded Expand Underground Districts to also include areas where the Town is interested in undergrounding in the future

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Design Districts

  • Chapter 284 -
  • As a condition for approval, cities may require reasonable

design and concealment measures.

  • Municipality may request that a network provider comply

with the design and aesthetic standards…and explore the feasibility of certain camouflage measures…to minimize the impact to the aesthetics.

  • Minimum Requirement: Decorative Poles
  • Addison Circle
  • Addison Grove
  • Addison Road
  • Arapaho Road
  • Belt Line Road
  • Beltway Drive
  • Landmark Blvd
  • Quorum Drive
  • Vitruvian Park

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Do Nothing Establish Design Districts where there are decorative poles

  • Enforcement of concealment measures:
  • Allow no change in the outward appearance
  • Require specific concealment measure(s)
  • Request, but don’t require

Design District Options

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Map

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Does the Council agree with the stated goals?

  • Respond to regulatory changes in Chapter 284
  • Protect safety, health and public welfare
  • Limit the impact of wireless telecommunications

infrastructure where the Town has invested in the aesthetics of the area Does the Council want the Town to be a pioneer?

Requested Direction

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How to proceed with optional action items:

  • Designate municipal parks?
  • Replat properties out of the right-of-way?
  • Designate Underground Districts?
  • Designate Design Districts?

Requested Direction

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Underground/Design District Recommendation

  • Underground districts:
  • Designate both the areas where utilities are undergrounded

and the future undergrounding areas

  • Design Districts
  • Establish Design Districts where there are decorative poles
  • On decorative poles, require no change in the outward

appearance

  • On non-decorative poles, require antennas to be

screened and associated equipment be installed underground

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Next Steps

  • Bring back required ordinances changes on August 22nd
  • Prepare application and other documentation
  • Town ready to receive applications September 1st
  • Replat properties out of the right-of-way by end of year

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