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

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 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 2

Purpose  Regulate the placement of new “small cell” wireless infrastructure:  Network nodes, network support poles, transport facilities From This To This 3

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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 6

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 7

Key Provisions  Cities may require a permit for most kinds of work  Cities must act within certain time periods (shot clocks) Network Nodes: Node Support Poles: Transfer Facilities: • 30 days to determine • 30 days to determine • 10 days to determine completion of completion of completion of application application application • 60 days to approve or • 150 days to approve • 21 days to approve or deny or deny deny 8

Key Provisions  Limits fees that cities may charge Network Nodes: Node Support Poles: Transfer Facilities: • Application Fee: • Application Fee: • Application Fee: lesser of actual cost lesser of actual cost lesser of actual cost or $500 or $1,000 or $500 • Annual Rental Rate: • Annual Rental Rate: • Annual Rental Rate: $250 per year + CPI $250 per year + CPI $28 per month adjustment adjustment 9

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 10

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 11

Town Response • Respond to regulatory changes in Chapter 284 • Protect safety, health and public welfare Goals: • Limit the impact of wireless telecommunications infrastructure where the Town has invested in the aesthetics of the area 12

Town Response • Adopt new right-of-way management regulations Required Actions: • Adopt design manual • Develop pole attachment agreement • Designate municipal parks Optional • Replat properties out of the right-of-way Actions: • Designate Underground and Design Districts 13

Right-of-Way Management Regulations  Chapter 284 allows the use of a right-of-way management ordinance 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 14

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 15

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 16

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 17

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 18

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 19

Designate Municipal Parks  Plat Dedication Language:  Public Park:  Greenbelt  Beltway Landscaping  Portion of Redding Trail  Bosque Park  Portion of Marsh Landscaping  Les Lacs Park  Open Space  North Addison Park  Beckert Park  Parkview Park  Greenbelt/Open Space  Spruill Park  Les Lacs Pond  Vitruvian Park  Beltway Landscaping  Portion of Redding Trail  Portion of Marsh  Portion of Marsh Landscaping Landscaping 20

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 of 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 1 st 21

Replat ROW as Town-Owned Properties  Arapaho Road ROW adjacent to Surveyor Pump Station: 22

Replat ROW as Town-Owned Properties  Les Lacs landscape island: 23

Replat ROW as Town-Owned Properties  Midway Meadows cul-de-sacs and landscape islands: 24

Replat ROW as Town-Owned Properties  Midway Road/Dooley Road ROW: 25

Replat ROW as Town-Owned Properties  Oaks North cul-de-sacs and landscape islands: 26

Replat ROW as Town-Owned Properties  Vitruvian Way ROW: 27

Replat ROW as Town-Owned Properties  Arapaho Road/Edwin Lewis ROW: 28

Replat ROW as Town-Owned Properties  South Quorum ROW: 29

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:  Addison Circle  Portions Beltway Drive  Addison Grove  Landmark Blvd  Arapaho Road  Portions of Quorum Drive  Portion of Belt Line Road  Vitruvian Park  Areas not currently undergrounded:  Portion of Beltway Drive  Portion of Quorum Drive  Portion of Belt Line Road  Montfort Drive 30

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 31

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  Arapaho Road  Landmark Blvd  Addison Grove  Belt Line Road  Quorum Drive  Addison Road  Beltway Drive  Vitruvian Park 32

Design District Options 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 33

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