HomeMy WebLinkAboutOrdinance 22839-08-2017ORDINANCE NO. 22839-08-2017
AN ORDINANCE AMENDING CHAPTER 30 "STREET AND
SIDEWALKS," OF THE CODE OF THE CITY OF FORT WORTH
(2015), AS AMENDED, BY ENACTING A NEW SECTION 30-19
"USE OF CITY RIGHTS-OF-WAY FOR SMALL CELL
INFASTRUCTURE" TO COMPLY WITH CERTAIN PROVISIONS
OF CHAPTER 284 OF THE LOCAL GOVERNMENT CODE BY (1)
ADOPTING A DESIGN MANUAL FOR WIRELESS NETWORK
COMPANIES TO REGULATE WORK IN THE PUBLIC RIGHTS-
OF-WAY FOR THE INSTALLATION, CONSTRUCTION, AND USE
OF WIRELESS FACILITIES, (2) DESIGNATING PUBLIC PARKS
WITHIN THE CITY OF FORT WORTH, AND (3) LEVYING
APPLICATION FEES AND PUBLIC RIGHTS-OF-WAY USE
RATES; PROVIDING THAT THIS ORDINANCE SHALL BE
CUMULATIVE; PROVIDING A SAVINGS CLAUSE; PROVIDING
A SEVERABILITY CLAUSE; PROVIDING A PENALTY CLAUSE;
AND PROVIDING FOR PUBLICTATION AND BECOMING
EFFECTIVE THE DATE AFTER THE SECOND PUBLICATION
DATE.
WHEREAS, the 85th Texas legislature passed S.B. 1004 (to be codified as the new Texas
Local Government Code Chapter 284) ("Chapter 284") to be effective September l, 2017;
WI3EREAS, Chapter 284 mandates that wireless infrash�ucture and service providers have
access to public rights-of-way to locate their wireless facilities, including network nodes and
support poles, with the stated purpose of furthering the important public policy of having reliable
wireless networlcs and services tluough the provision of standardized permitting process and
compensation schedules;
WHEREAS, Chapter 284 limits the City's police powers, but generally requires permits
for the installation and construction of wireless facilities;
WHEREAS, Chapter 284 allows the City to adopt a design manual to govern the
installation and construction of network nodes and new node support poles in the public rights-of-
way, which include additional installation and construction details that do not conflict with Chapter
284 ("Design Manual");
WHEREAS, network providers are required to comply with a Design Manual if it is in
place on the date that a permit application is filed;
WHEREAS, the City expects a large volume of permit applications to be filed on the
September 1, 2017 and, thus, desires to adopt a Design Manual to be in place on or before such
date;
WHEREAS, Chapter 284 also provides for the payment of application fees and annual
public rights-of-way use rates;
WHEREAS, the City requires the payment of fees for similar types of commercial
development inside the City's territorial jurisdiction other than a type for which application or
permit fees are not allowed by law;
WHEREAS, City staff has studied the cost of providing the services and administering
and enforcing the regulatory program associated with Chapter 284;
WHEREAS, after receiving and reviewing the aforementioned costs, the City Council
finds that the fees established are necessary and do not exceed the amount reasonably necessary to
provide the services and administer and enforce the regulatory program to which they are related;
and,
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF FORT WORTH, TEXAS:
SECTION 1.
That a new section, Section 30-19, of the Code of the City of Fort Worth, Texas (2015), as
amended, is enacted to be titled "Use of City Rights-of-Way for Small Cell Infrastructure":
Sec. 30-19 USE OF CITY RIGHTS-OF-WAY FOR SMALL CELL
INFRASTRUCTURE.
(a) Desi�n Manual. In accordance with Chapter 284 of the Texas Local
Government Code, the installation and constiuction of network nodes and
new node support poles in the public rights-of-way is subject to the design
manual that is attached to this ordinance as Exhibit A and hereby
incorporated into the City Code.
(b) Public Par�ks. For purposes of Chapter 284 of the Texas Local
Government Code, recreational public parks within the City of Fort Worth
include those areas, lands, or properties within the territorial jurisdiction of
the City of Fort Worth that are (1) designated as parkland by the Fort Worth
City Council, (2) identified as parkland in the City's most recently adopted
Ordinance No. 22839-08-2017 Page 2 of 5
Comprehensive Plan, including the most recently adopted Parks,
Recreation, and Open Space Master Plan, or (3) held out, used, set aside, or
otherwise designated for public enjoyment and recreation, either actively or
passively.
(c) Fees and Rates. Pursuant to Chapter 284 of the Texas Local
Government Code, there is hereby levied and assessed and shall be collected
the application fees and public rights-of-way use rates set forth in the table
below:
Application Fees
Amount
• Network node $500.00 per application for up to 5 network
odes, and $250.00 for each additional network
ode on a single application; up to 30 network
odes are allowed on each application.
• Node suppor-t pole $1,000.00 per application for each pole
• Transport Facility $500.00 for up to 5 network nodes and $250.00
for each additional network node on a single
ermit; up to 30 network nodes are allowed on
each permit.
� Annual Public Rights-of-Way Use Rates Amount
• Network node $250.00 per network node site.
• Node suppor-t pole o separate rate from the network node annual
fee (each support pole should have a network
ode attached)
• Transpoi-t Facility $2g•00 monthly for each network node site,
nless an equal or greater amount is paid the
city, e.g., under Chapter 283, Tex. Loc. Gov.
Code or Chapter 66, Tex. Util. Code.
• Service Pole Attachment $20 per year to collocate a netwoi�k node on a
service pole in the public right-of-way
SECTION 2.
That the City Council finds the adoption of the Design Manual, attached hereto as Exhibit
A, is in the public interest, and is consistent with the City's authority under Chapter 284.
Ordinance No. 22839-08-2017 Page 3 of 5
SECTION 3.
This ordinance shall be cumulative of all provisions of the Code of the City of Fort Worth
(2015), as amended, except where the provisions of this or•dinance are in direct conflict with the
provisions of this ordinance and such Code, in which event the conflicting provisions of such
ordinances and such Code are hereby repealed.
SECTION 4.
It is hereby declared to be the intention of the City Council that the sections, paragraphs,
sentences, clauses, and phrases of this ordinance are severable, and if any section, paragraph,
sentence, clause or phrase shall be declared to be unconstitutional by the valid judgment or decree
of any cour�t of competent jurisdiction, such unconstitutionality shall not affect any of the
remaining sections, paragraphs, sentences, clauses and phrases of this ordinance, because the same
would have been enacted by the City Council without the incorporation in this ordinance of any
such unconstitutional phrase, clause, sentence, paragraph or section.
SECTION 5.
All right and remedies of the City of Fort Worth, Texas, are expressly saved as to any and
all violations of the Code of the City of Fort Wor�th, or any other ordinances of the City, that have
accrued at the time of the effective date of this ordinance; and, as to such accrued violations and
all pending litigation, both civil and criminal, whether pending in court or not under such
ordinances, same shall not be affected by this ordinance, but may be prosecuted until final
disposition by the courts.
SECTION 6.
That to the extent any resolution or ordinance previously adopted by the City Council is
inconsistent with this Ordinance, it is hereby repealed.
SECTION 7.
That the meeting at which this Ordinance was approved was in all things conducted in strict
compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551.
Ordinance No. 22839-08-2017 Page 4 of 5
SECTION 8.
That any person, organization, or business entity who violates, disobeys, neglects or refuses
to comply with or who resists the enforcement of any of the provisions of this ordinance shall be
fined not more than Five Hundred Dollars ($500.00) for each offense. Each day that a violation
exists shall constitute a separate offense.
SECTION 9.
This Ordinance shall take effect and be in full force and effect from and after its adoption
upon its second publication for any permit applications filed on or after September 1, 2017,
pursuant to Chapter 284 of the Texas Local Government Code.
ATTEST:
,:
aDOPTED: %C'�' � /�, �'� �
EFFECTIVE: ' � C�e'�i�C� � G� �'% �
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APPROVED AS TO FORM AND
LEGALITY
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.B. Strong, Assistan ity Attorney
Ordinance No. 22839-08-2017 Page 5 of 5
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DESIGN MANUAL
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Effective August 15, 2017
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City of Fort Wireless Facilities and Infrastructure Design Manual (v2) effective 08/15/2017
Table of Contents
PURPOSE AND APPLICABILITY .........................................................................................
PROHIBITED AND PREFERRED LOCATIONS OF MICRO NETWORK NODE, NETWORK NODE,
NODE SUPPORT POLE AND RELATED GROUND EQUIPMENT .....................................................
ORDER OF PREFERENCE REGARDING NETWORK NODE ATTACHMENT TO EXISTING
FACILITIES AND NEW NODE SUPPORT POLES ......................................................................
PRIOR TO APPLYING FOR A PERMIT AND PERMITTING
STANDARDS AND GU�DELINES ON WIRELESS FACILITY PLACEMENT ...............................
GENERAL.................................................................................................................
LOCATION................................................................................................................
HEIGHT, SEPARATION AND NETWORK NODES ..................................................
NEW NODE SUPPORT POLES AND EQUIPMENT ................................................
ELECTRICAL SUPPLY . ............................................................................................
LOGO, DECALS, FLASHING LIGHTS, RF WARNING STICKER, NODE IDS AND
CABLING, PAINT ......................................................................................................
METERED PARKING, TREES AND VEGETATION AND INSTALLATION
RESTORATION, INSPECTIONS, EFFECT OF APPROVAL, WAIVERS AND APPEALS.
IMPROPERLY LOCATED WIRELESS FACILITIES AND PENALTY, GRAFFITI
ABATEMENT, INSURANCE, INDEMNITY, BONDING AND SECURITY DEPOSITS AND
NETWORK PROVIDER'S RESPONSIBILITY . ...................................................................
.2
2
.4
5
11
12
13
14
REQUIREMENTS IN REGARD TO REMOVAL, REPLACEMENT, REPLACEMENT, MAINTENANCE
ANDREPAIR ...............................................................................................................................................15
ABANDONMENT, POLE OWNERSHIP AND DESIGN MANUAL - UPDATES ....................
DEFINITIONS
VISUAL GUIDANCE EXHIBITS
City of Fort Wireless Facilities and Infrastructure Design Manual (v2) effective 08/15/2017
Purpose and Applicability
The City of Fort Worth ("City") recognizes that the State of Texas has delegated to the City the fiduciary duty, as a trustee, to
manage the Public Right-of-Way for the health, safety and welfare of the public to Texas municipalities.
Purpose:
Texas Local Government Code (TLGC), Chapter 284, allows certain wireless Network Providers to install in the Public
Rights-of-Way their wireless facilities, described and defined in TLGC, Chapter 284, Sec. 284.002, as "Micro Network
Nodes," "Network Nodes" and "Node Support Poles."
2. As expressly allowed by TLGC, Chapter 284, Section 284.108, and pursuant to its police power authority reserved in
Sec. 284.301, the City enacts this Design Manual in order to meet its fiduciary duty to the citizens of the City, and to give
assistance and guidance to wireless telecommunications providers to assist such providers in the timely, efficient, safe and
aesthetically pleasing installation of technologically competitive equipment.
Applicabilitv:
This Design Manual is for siting and criteria for the installation and use of Wireless Facilities, including Micro Network
Nodes, Network Nodes, Node Support Poles and related ground equipment being installed pursuant to TLGC, Chapter
284.
2. This Design Manual shall apply to any siting, installation, construction, and Collocation in, on, over or under the Public
Right-of-Way of Network Nodes, Node Support Poles, Micro Network Nodes, Distributed Antenna Systems, microwave
communications or other Wireless Facilities, by whatever nomenclature, whether they are installed pursuant to TLGC,
Chapter 284, or installed pursuant to an agreement as agreed to by the City, in its discretion, or installed as may otherwise
be allowed by State law.
II. Prohibited and Preferred Locations of Micro Network Node, Network Node, Node Support
Pole and Related Ground Equipment
1. The following are prohibited or restricted areas for certain Wireless Facilities, except with separate City agreement or
subject to concealment conditions.
a. Municipal Parks and Residential Areas. In accordance with Chapter 284, Sec. 284.104 (a), a Network Provider
shall not install a Wireless Facility in a Public Right-of-Way without the City's discretionary, nondiscriminatory and
written consent if the Public Right-of-Way is in a Municipal Park or is adjacent to a Street that is:
Not more than fifty (50) feet wide; and
ii. Adjacent a Residential Area.
b. Each permit application shall disclose if the desired Wireless Facilities are within a Municipal Park and Residential
Areas as described above.
c. Historic District and Desiqn Districts. In accordance with TLGC, Chapter 284, Sec. 284.105, a Network
Provider must obtain advance written approval from the City before Collocating Network Nodes or installing Node
Support Poles in a Historic District or Design District with Decorative Poles.
i. As a condition for approval of Wireless Facilities in Historic District or Design Districts with Decorative
Poles, the Network Provider shall install the Wireless Facilities utilizing Concealment measures (see exhibit
1). Therefore, any request for installations in a Historic District or Design District with Decorative Poles shall
City of Fort Wireless Facilities and Infrastructure Design Manual (v2) effective 08/15/2017
be accompanied with Concealment measures (see exhibit 1), as applicable, in the permit applications.
ii. A Network Provider shall comply with and observe all applicable Laws, including, but not limited to, Section
106 of the National Historic Preservation Act.
iii. Each applicant shall disclose if the Network Node or New Node Support Pole are within a Historic District or
Design District with Decorative Poles or in an area of the City zoned or otherwise designated as a Design
District or Historic District.
d. Compliance with Underqroundinq Requirements. In accordance with TLGC, Chapter 284, Sec. 284.107, a
Network Provider shall comply with all applicable nondiscriminatory undergrounding Laws, regulations, and
requirements that prohibit installing above-ground structures in a Public Right-of-Way without first obtaining zoning
or land use approval.
i. Areas may be designated from time to time by the City as Underground Requirement Areas in accordance
with filed plats and/or conversions of overhead to underground areas, as may be allowed by law.
ii. Each permit application shall disclose if it is within an Underground Requirement Area.
2. Least preferable locations:
a. Municipal Parks and Residential Areas
b. Historic Districts and Desiqn Districts
i. Installing Wireless Facilities on Main Street in the Downtown Urban Design Districts is strongly
discouraged.
c. Historic Landmarks. A Network Provider is discouraged from installing Wireless Facilites within three hundred
(300) feet of a historic site or structure or Historic Landmark recognized by the City, State or Federal government
(see, for example, and not limited to §442.001(3) of the Texas Government Code, and 16 U.S.C. § 470), as of the
date of the submission of the application.
i. The City requests that a Network Provider explore the feasibility of using Concealment measures to
improve the aesthetics and design of the Wireless Facilities to minimize the adverse impact to the Historic
Landmark, site, or structure.
ii. A Network Provider shall comply with and observe all applicable Laws, including, but not limited to, Section
106 of the National Historic Preservation Act.
iii. Each applicant shall disclose if the Wireless Facilities are within three hundred (300) feet of a Historic
Landmark.
3. Most preferable locations:
a. Industrial areas, if not adjacent to a Municipal Park, Residential Area, Historic District, or Design District.
b. Highway areas, if not adjacent to a Municipal Park, Residential Area, Historic District, or Design District.
c. Retail and Commercial areas, if not adjacent to a Municipal Park, Residential Area, Historic District, or Design
District.
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City of Fort Wireless Facilities and Infrastructure Design Manual (v2) effective 08/15/2017
4. Consult City staff for information regarding current Historic Districts and Design Districts.
5. While Chapter 284 does not require the City to designate underground compliance areas to prohibit above-ground
Wireless Facilities, the City may, from time-to-time, designate a underground compliance areas.
III. Order of Preference Regarding Attachment and Placement of Wireless Facilities in the
Public Right-of-Way
1. Micro Network Nodes shall only be lashed on existing communication lines between existing utility poles (electric poles or
telephones poles), with notice to the pole owner as required by applicable Laws, including, but not limited to, Federal Pole
Attachment Act, 47 U.S.C. § 224, and not placed on Utility Poles, Node Support Poles, or Service Poles.
2. Existing Utility Poles (electric poles or telephones poles) shall be the preferred support facility for Network Nodes and
related ground equipment.
3. Municipal Service Poles in the following order of preference:
a. Non-decorative streetlights with a height of more than 20 feet (see exhibit 2).
i. Be encased in a separate conduit than the Pole electronics;
ii. Have a separate electric power connection than the Pole structure; and
iii. Have a separate access point than the Pole structure.
b. Traffic signal structures (see exhibit 3), when such installation will not interfere with the integrity of the facility and
will not interfere with the safety of the public, and in accordance with an agreement, as allowed by Chapter 284,
Sec. 285.056 and Sec. 284.101 (a) (3) and (b). 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; and
iii. Have a separate access point than the traffic signal structure.
c. Street signage shall be a low-priority use for attachment of a Network Node. Installations on all street signage
structures shall not interfere with the integrity of the facility in any way that may compromise the safety of the
public. Installation of Network Node facilities on any street signage structures that has electronics shall:
i. Be encased in a separate conduit than City signage electronics;
ii. Have a separate electric power connection than the signage structure; and
iii. Have a separate access point than the signage structure.
d. Decorative street lights (see exhibit 4) shall:
i. Be encased in a separate conduit than City streetlight electronics;
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City of Fort Wireless Facilities and Infrastructure Design Manual (v2) effective 08/15/2017
ii. Have a separate electric power connection than the streetlight structure; and
iii. Have a separate access point than the streetlight structure.
e. Other Municipal Service Pole use is discouraged.
4. New Node Support Poles shall be the least preferred type of allowed facility for attachment of Network Nodes.
IV. Prior to Applying for a Permit
1. Prior to applying for a permit for installation of a Network Node or Node Support Pole, Network Providers shall obtain an
address for each Network Node or Node Support Pole from the City of Fort Worth Fire Department and receive notification
that the address has been entered into the City of Fort Worth's electronic permitting system.
2. Network Providers and their contractors shall register with the Planning and Development Department prior to submitting
an application.
3. Be an active member of the Digtest 811 requirements. Paint used to mark underground utilities shall be water based.
4. For non-city owned property within the Public Right-of-Way Network Providers are responsible for obtaining permission
from the owners of such non-city-owned property.
5. It shall be the responsibility of the Network Provider to evaluate, prior to submitting a permit application, the compatibility
between the existing City infrastructure and Provider's proposed Network Node. A Network Node shall not be installed in a
location that causes any interference with existing City infrastructure. Network Nodes shall not be allowed on City's public
safety radio infrastructure.
V. Permitting
1. Network Providers shall provide evidence of such permission to attach or use non-city-owned property and right-of-way. If
the project lies within a Highway, the applicant must provide evidence of a permit from the State or Federal government,
as applicable.
2. Prior to installing a Wireless Facilities, Network Providers shall complete and submit an application for a utility permit,
using City's electronic permitting system. The following are required documents for the application:
a. Plans and drawings prepared and sealed by a professional Engineer licensed in the State of Texas that provide
detailed drawings, with calculations to show strict conformity to the size limitations as set forth in TLGC, Chapter
284, in accordance with, but not limited to Chapter 284, Sec. 284.002, Size of a Micro Network Node, Sec.
284.003, Size of Network Nodes, and Sec. 284.103, Maximum Pole Height, with each application and with each
request for a permit for each location.
b. Installations on all Service Poles shall have an industry-standard pole load analysis completed and submitted with
each permit application indicating that the Service Pole to which the Network Node is to be attached will safely
support the load, in accordance with Chapter 284.108.
c. Plat and site plan which includes the following:
i. Indication of current right-of-way line and other easements and encumbrances.
City of Fort Wireless Facilities and Infrastructure Design Manual (v2) effective 08/15/2017
ii. Indication of spacing from existing curb, driveways, sidewalk, trees, utilities, other poles and existing
buildings.
iii. Width of Pedestrian Clear Zone.
iv. Proposed underground conduit and equipment and its spacing from other utilities.
v. A sectional profile of the right-of-way and identification of all existing utilities and existing utility conflicts.
All electrical lines must be placed in ridged steel conduits. All conduit, shall be located a minimum of
thirty-six (36) inches away from existing utilities, not less than five (5) feet from edge of pipe for water or
sanitary sewer mains, and three (3) feet above or below water or sanitary sewer mains when crossing
perpendicular. Written approval from the Water Department Director or designee is required if the conduit
crosses a water or sanitary sewer main.
d. Scaled drawings of the proposed attachments of a Network Node to a Service Pole or Node Support Pole of a
scale of no less that 1"- 40'.
e. Photo simulations are required (see exhibit 5).
f. Copy of the node ID sticker (see page 10 for details).
g. Longitude and latitude for each Network Node and Node Support Pole.
h. An analysis demonstrating that the proposed Wireless Facilities does not cause any interference with the City's
public safety radio system, traffic signal light system or other city safety communications components in
accordance with TLGC, Chapter 284, Sec. 284.304.
2. In the event that placement or maintenance of Wireless Facilities conducted by the Network Provider requires streets or
traffic lanes to be closed or obstructed, the Network Provider shall submit a traffic control plan. Storm Water Pollution
Prevention Plan and trench safety plan may also be required based on the proposed scope of work. Network Providers
shall avoid placing any Wireless Facility over an existing Storm Water easement. Wireless Facilities shall be Located no
farther into the Storm Water easement than three (3) feet. The City retains the right to determine these conflicts and may
require the movement of Wireless Facilities during review.
3. Network Providers shall obtain an electrical permit and inspection by City staff shall be required prior to the installation of
an electrical meter.
4. Neiwork Provider shall schedule a site coordination meetings with City staff are required for Historic Districts and Design
Districts.
5. Network Provider shall pay all fees and rates adopted by City Council.
6. Network Providers shall identify end users of Wireless Facilities and provide a guarantee agreement signed by end user(s).
VI. Standards and Guidelines for Wireless Facilities
A. General
In accordance with TLGC, Chapter 284.102, a Network Provider shall construct and maintain Wireless Facilities in a
manner that does not:
City of Fort Wireless Facilities and Infrastructure Design Manual (v2) effective 08/15/2017
a. Obstruct, impede or hinder the usual travel or public safety on a Public Right-of-Way;
b. Obstruct the legal use of a Public Right-of-Way by other utility providers;
c. Violate nondiscriminatory applicable codes;
d. Violate or conflict with any Laws, including but not limited to City Code Chapter 30-19 and the Federal Americans
with Disabilities Act of 1990 (42 U.S.C. Section 12101 et seq.).
2. In Historic Districts and Design Districts with Decorative Poles the following shall apply:
Concealment of Wireless Facilities shall be required by the City in Historic and Design Districts with Decorative
Poles, pursuant to Chapter 284.105. Network Providers shall submit proposals for Concealment with the
documents required for permitting (see exhibit 1).
b. The Wireless Facilities shall be Concealed or enclosed in an equipment box, cabinet or other unit that may include
ventilation openings.
c. There shall be no more than one (1) Network Node on any one (1) Pole (see exhibit 6).
3. Network Providers shall not install Wireless Facilities on Public Art without written permission from the artist to prevent
potential copyright issues (see exhibit 4).
4. Transport Facilities shall be installed underground if the City requires undergrounding in the location that the Transport
Facilities are or will be installed. Aerial fiber and power connections shall not be permitted if the City prohibits aerial fiber
and power connections in the location that the Transport Facilities are or will be installed (see exhibit 7).
5. All attachments on all Service Poles shall be at least twelve (12) feet above grade, in accordance with Chapter 284, Sec.
284.108 (a) (1) -(2), and if a Wireless Facilities' 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 (see
exhibit 8).
6. Caution shall be exercised during the construction and installation of New Support Poles and Network Nodes so they do
not interfere or conflict with exiting building overhangs and awnings.
B. Location
1. All Wireless Facilities shall be located to avoid any physical or visual obstruction to pedestrian or vehicular traffic, or in any
manner create safety hazards to pedestrians or motorists (see exhibits 8, 9, 10, and 11).
2. Where available, all Wireless Facilities shall be located in the Furnishing Zone or Parkway Strip in line with existing street
trees and Decorative Poles. In no instance when a Furnishing Zone or Parkway Strip is available shall Wireless Facilities
be located in the Pedestrian Clear Zone. Wireless Facilities equipment in the Furnishing Zone shall generally be placed in
the center of the Furnishing Zone or Parkway Strip and shall meet minimum Texas Department of Transportation (TXDOT)
and City of Fort Worth Engineering Standards Manual setback requirements from the back of curb, generally eighteen (18)
to twenty-four (24) inches (see exhibit 12).
3. Where there is no Furnishing Zone or Parkway Strip, Wireless Facilities shall maintain either a minimum five (5) foot wide
Pedestrian Clear Zone from back of curb to the inward edge of Wireless Facilities, or a minimum five (5) foot wide
Pedestrian Clear Zone between the outward edge of the Wireless Facilities and the back of sidewalk. In the Downtown
Urban Design District, Wireless Facilities shall maintain either a minimum seven (7) foot wide Pedestrian Clear Zone from
back of curb to the inward edge of a Wireless Facility or a minimum seven (7) foot wide Pedestrian Clear Zone between
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City of Fort Wireless Facilities and Infrastructure Design Manual (v2) effective 08/15/2017
the outward edge of a Wireless Facility and the back-of-sidewalk (see exhibit 12).
C. Height
Standards:
1. In residential zoning districts, Historic Districts and Design Districts with Decorative Poles height is a factor when
determining sufficient Concealment.
2. In all other districts and in accordance with Chapter 284, Sec. 284.103, a Node Support Pole, Modified Utility Pole or
Service Pole may not exceed the lesser of:
a. Ten (10) feet in height above the tallest existing utility pole located within five-hundred (500) linear feet; or
b. Fifty-five (55) feet above grade.
Guideline:
1. The size and height of all Wireless Facilities in the right-of-way should be no greater than the maximum size and height of
any other Utility Pole in the same block face.
D. Separation
1. The separation between Wireless Facilities shall be a minimum of two-hundred fifty (250) feet in Historic Districts and
Design Districts with Decorative Poles and two-hundred (200) feet for all other districts, per block face, to minimize the
hazard of multiple poles adjacent to road ways and to minimize effect on property values and aesthetics in the area (see
exhibit 13).
2. In residential zoning districts, Wireless Facilities shall be located where the shared property line between two residential
parcels intersects the Public Right-of-Way (see exhibit 14).
3. In nonresidential districts, Wireless Facilities shall be located between tenant spaces, storefront bays or adjoining
properties where their shared property lines intersect the right-of-way.
4. In no instance shall a Wireless Facility be located in front of a building entrance or exit.
E. Network Nodes
Standards:
1. Network Nodes shall be mounted in an inconspicuous location and painted to match existing pole (see exhibit 8, 9, and
15).
2. Network Node placement shall not impair light, air, or views from adjacent windows (see exhibit 15).
Guidelines:
1. Use antenna models that include a GPS antenna (if needed) integrated into the same cylindrical shape on top of the main
antenna.
2. Minimal profiles and shrouds are preferred.
City of Fort Wireless Facilities and Infrastructure Design Manual (v2) effective 08/15/2017
3. Use antennas with electronic tilt mechanisms that reduce the need for bulky mechanical tilt brackets.
4. A top-mount antenna with a very tall extension arm may look out of character in a low lying residential neighborhood, but a
top-mount antenna that is relatively narrow and nearly flush with the top of the pole offers a very minimal profile, which is
preferred.
5. Use single element side-arms instead of dual parallel side-arms. Evaluate opportunities to utilize cylindrical antennas in
lieu of panel antennas. If panel antennas are utilized, consider the use of mini shrouds below each panel antenna to
reduce the visibility of the cable loops. Avoid the use of large bracket systems for panel antennas, which create a
significant offset from the pole.
6. For side-mounted antennas, consider using an arm that features flanges/channels so that cabling and passive radio
frequency gear can be better hidden from view.
7. For top-mounted antennas, consider using a shroud around the base of the antenna, especially for antenna models with
four or more cabling ports, as cable systems without a shroud at the base of the antenna can appear cluttered. If a shroud
cannot be used, utilize velcro ties (or similar) to neatly arrange cabling (and note such on the site completion checklist on
the cover sheet of plans).
8. Pole top extension arms should not appear offset from the pole. Utilize an arm that is as wide as the top of the pole and
tapers toward the antenna
F. New Node Support Poles
1. Node Support Poles shall be set back a minimum of twenty (20) feet from a traffic signal pole and set back a minimum of
fifteen (15) feet from any pedestrian ramp. The Transportation and Public Work (T/PW) Department may require greater
setbacks from these and other fixtures in the right-of-way to ensure proper sight lines for public safety purposes.
2. Node Support Poles and accessory equipment shall be located at least ten (10) feet from a driveway and at least twelve
(12) feet from the center of existing trees.
3. All new Node Support Poles shall match existing poles found on the block face in style and color.
G. Equipment
1. Equipment, as defined in TLGC, Chapter 284.002 shall be minimized and consolidated as much as possible.
a. Ground equipment shall be minimal and the least intrusive.
i. In the Historic Districts and Design Districts with Decorative Poles, equipment shall be designed to be
inside a pole or utility enclosure that is already present in the environment or in a pole that matches the
design used on the street already. Equipment shall be incorporated into the design of the infrastructure
when possible.
2. For the safety of Municipal Park patrons, and to allow full line of sight near Municipal Park property, the Network Provider
shall not install ground equipment in a Public Right-of-Way that is within a park, unless written approval is given by the
Park and Recreation Director.
3. In order to minimize negative visual impact to the surrounding area and in accordance with Chapter 284, Sec. 284.102 (1),
to enhance the safety requirements of line of sight of pedestrians, the City may deny a request for a proposed Location if
the Network Provider proposes Network Node ground equipment where existing ground equipment within two hundred and
fifty (250) feet already occupies a footprint of five (5) square feet or more. Collocation of ground equipment is encouraged.
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4. In accordance with Chapter 284.102 (1), in order to maximize the line of sight at street corners and intersections and to
minimize any obstruction, impediment or hindrance to the usual travel or public safety on a Public Right-of-Way ground
equipment shall not be installed within twenty (20) feet of a street corner or a street intersection.
5. Equipment enclosures and equipment mounting base plates shall be the same width as the pole or structure that they are
attached to, even if they need to be slightly longer as a result. Narrow equipment enclosures are less likely to impede
pedestrian traffic, impair views of buildings and scenic resources or to detract from streetscapes (see exhibit 16).
6. Equipment attached to a pole shall be installed at least twelve (12) feet above the ground in accordance with Chapter 284,
Sec. 284.108, and if a Network Node attachment is projecting toward the street, for the safety and protection of the public
and vehicular traffic, the attachment shall be installed no less than sixteen (16) feet above the ground (see exhibit 9).
7. In accordance with Chapter 284, Sec. 284.003 (a) (1) (C), Sec. 284.003 (a) (2) (C) and Sec. 284.003 (a) (3) (B), no
protrusion from the outer circumference of the existing structure or pole shall be more than two (2) feet.
8. The color of all equipment shall match or complement its Location.
9. Equipment shall be stacked close together and on the same side of the pole or shall be Collocated with other ground
equipment. If a long rectangular disconnect switch is used, rotate the enclosure so the elements can be stacked closer
together on the pole. Avoid wide offsets (more than 4 inches) of equipment enclosure brackets from the pole.
10. Equipment shall be orientated away from nearby residential windows, doorways and entrances, and the primary pedestrian
travel direction.
11. Equipment shall not be placed adjacent to the walkway in a manner that diminishes the comfort of pedestrians or be
located within the Pedestrian Clear Zone (see exhibit 11).
H. Electrical Supply
1. A Network Provider shall be responsible for obtaining any required electrical power service to the Wireless Facility. The
City shall not be liable to the Network Provider for any stoppages or shortages of electrical power furnished to Wireless
Facilities, including without limitation, stoppages or shortages caused by any act, omission or 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 City.
2. A Network Provider shall not allow or install generators or back up generators in the Public Right-of-Way in accordance
with Chapter 284, Sec. 284.002 (12) (B) (1).
3. Network Providers shall utilize a line drop (noelectricmeterenclosure)if allowedbytheutilitycompany,orusethenarrowest
electricmeteranddisconnectavailable. Meter and other enclosures shall match the infrastructure that it is attached to and
shall be well maintained, including regular painting and the use of a graffiti-resistant paint.
4. The disconnect switches shall be stacked above or below the meter, instead of attached to the side of the meter.
5. Electric meters and disconnect switches shall be located as required by the utility company. Electric meters and disconnect
switches shall not be located on the side of the pole that faces the sidewalk. Conduit leading to the electric meter box and
disconnect switch shall match the color of the pole.
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J. Logo, Decals, Flashing Lights, RF Warning Sticker and Node IDs
1. Network Provider shall post its name, identifying information, permit number and emergency telephone number in an area
on the cabinet of the Wireless Facility that is visible to the public. Signage required under this section shall not exceed two
(2) inches by four (4) inches, unless otherwise required by law (e.g. RF ground notification signs).
a. Place the node ID sticker on the underside of the equipment enclosure so it is only visible when standing next to
the pole and looking up. If the node ID sticker cannot be placed on the underside of the main equipment area,
place the sticker on the side of the enclosure facing in the direction of travel (e.g. north-facing for a pole on the
right hand side of the street on a north-south street). Alternatively, consider combining with disconnect
information.
b. Use sticker colors that are more muted (e.g. tan), complementary or the same color as the equipment but with white
colored lettering.
c. Utilize the smallest and lowest visibility (e.g. yellow instead of blue) radio-frequency (RF) warning sticker required
by government or electric utility regulations. Place the RF sticker as close to the antenna as possible, facing
directly out toward the street, or directly away from street if there is no window or doorway within twenty-five (25)
feet of the pole (preferred).
2. All equipment manufacturer decals shall be removed. Except as required by Law or by the Utility Pole owner,
Network Provider shall not post any other signage or advertising on the Wireless Facilities (see exhibit 17).
3. Equipment shall not have flashing lights.
4. All visibly depressed manufacturer logos on equipment boxes shall be filled in.
K. Cabling
1. Exposed wiring is prohibited. Above the electric meter and disconnect switch, all conduit and wiring shall be located inside
the pole (see exhibit 9 and 11).
a. The use of shrouds, risers or conduit to reduce the appearance of cluttered or tangled cabling is required (see
exhibit 17).
b. In some instances, installation practices such as using equipment enclosures with specific port locations, or
crossing wires below a down-facing port on an equipment enclosure, can reduce the likelihood that cabling will
appear cluttered or bend outward from the pole and further away from the enclosure.
c. Instructional notes for the installer shall be included on the plan drawings in a checklist format in order to ensure
proper field installation.
L. Paint
1. Pole colors shall match the existing street pole color scheme.
2. The color of the equipment enclosure shall match the infrastructure to which it is attached. The Antennas, Brackets
(mounting) and Cabling (ABC) shall match the color of the equipment (including the fiber termination enclosure). Many
installations feature wide variations in paint colors, which is distracting. All equipment shall match pole, including PVC, steel
risers, strap and/or other material.
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VII.Metered Parking Spaces
1. If the placement or maintenance to be performed by the Network Providers requires the obstruction of any City owned or
operated metered parking spaces, the Network Provider shall obtain City approval, which shall not be unreasonably
withheld, and pay a fee, if required, to the City as prescribed in any existing or subsequently enacted City Ordinance.
VIII.Trees and Vegetation
1. Except in cases where normal tree or vegetation trimming is necessary to ensure the safe operation of the communications
service or to protect the Network Provider's Wireless Facilities, the removal, cutting, marring, defacing or destruction of any
trees or other vegetation (other than grass) by Network Providers within the Public Rights-of-Way is prohibited, unless the
Network Provider has obtained all applicable permits from the City Forester.
2. All such normal tree or vegetation trimming by the Network Provider must be performed in accordance with the
requirements of existing or subsequently enacted City ordinances and shall be at the Network Provider's own expense.
3. All other removal, cutting, marring, defacing or destruction of any trees or other vegetation (other than grass) by the
Network Provider shall be subject to the supervision and direction of the City Forester, Department of Park and Recreation
or other appropriate governmental authority, including the Public Improvement District. If the Network Provider either (i)
fails to engage in normal tree or vegetation trimming on public property and such failure results in the Network Provider's
Wireless Facilities causing damage or injury to any property or person, or (ii) engages in normal tree or vegetation
trimming on public property and through such action causes damage or injury to any property or person, then the Network
Provider, by act of registering hereunder, agrees to INDEMNIFY, HOLD HARMLESS AND DEFEND THE CITY FOR ANY
LIABILITY RESULTING FROM SUCH DAMAGE OR INJURY. The Network Provider may contract for such services
provided; any firm or individual so retained shall receive City approval prior to commencing such activity.
IX. Installation
A Network Provider shall, at its own cost and expense, install and construct 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 City T/PW Director, as such may be amended from time to time. Network Provider's
work shall be subject to the regulation, control and direction of the City through the T/PW Director. All work done in
connection with the installation, operation, maintenance, repair, modification and replacement of the Micro Network Node,
Network Node facilities, Node Support Poles and related ground equipment shall be in compliance with all applicable local,
State and Federal laws, ordinances, codes, rules and regulations.
2. In an effort to minimize the adverse impact on the Public Rights-of-Way and other municipal improvements, a Network
Provider may be required to coordinate the placement or maintenance of its Wireless Facilities with any work, construction,
installation in or repairs of the subject Public Rights-of-Way or other facilities therein that is occurring or is scheduled to
occur within a reasonable time from application for a Permit. Every Network Providers shall make space in its trench and
conduit within the Public Rights-of-Way available to other providers, consistent with all applicable Laws. Every Network
Provider shall utilize existing conduits, pathways and other facilities whenever possible, and shall not place or maintain any
new, different, or additional poles, conduits, pathways or other facilities, whether in the Public Rights-of-Way or on privately
owned property, until written approval is obtained from the City or other appropriate governmental authority, and, where
applicable, from the private property owner.
3. Potholing by hydro excavation method shall be required when conduit crosses a water or sanitary sewer mains. Oversight
by a City inspector is required during construction.
4. All work shall conclude ten (10) calendar days from commencement of installation each Wireless Facility.
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X. Restoration
Network Providers 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 ten (10) calendar days following the date of such removal or relocation, at Network
Provider's sole cost and expense, including without limitation, restoration of the right-of-way and such property to a similar
or better 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, without limitation,
restoration or replacement of any paving system, damaged trees, shrubs or other vegetation. Such repair, restoration and
replacement shall be subject to the sole, reasonable approval of the T/PW Director.
2. If the Network Provider fails to complete such restoration within ten (10) calendar days following the completion of such
placement or maintenance, the City may perform such restoration and charge the costs of the restoration to the Network
Provider. City will issue an invoice for such cost. Invoice must be paid within thirty (30) calendar days. The Network
Provider shall, to the satisfaction of the City's T/PW or Water Department Director, maintain and correct any restorations
made pursuant hereto for a period of twelve (12) months following the date of its completion, including restorations made
by the City. Failure to comply shall be deemed sufficient grounds for denial of any future Permits for the placement or
maintenance of Wireless Facilities.
XI. Inspections
1. The T/PW Director or designee reserves the right to perform visual inspections of any Micro Network Node, Network Node,
Node Support Pole or related ground equipment located in the Public Right-of-Way as the T/PW Director deems
appropriate. A Network Provider may have a representative present during such inspection.
XII.Effect of Approval
1. A Wireless Facility that has received City approval in the form of a permit shall be considered an existing Wireless Facility
as long as such permit is current and not expired.
Permits for the installation and construction for Wireless Facilities shall be valid for a period of six (6) months. Upon
expiration of the permit, the Network Provider must reapply.
3. As Builts. A Network Provider shall maintain accurate maps and other appropriate records of its Network Node facilities,
Node Support Poles and related ground equipment as they are actually constructed in the Public Rights-of-Way, including,
upon request, the use of Auto CAD/GIS digital format. A Network Provider shall provide additional maps to the City upon
request. All maps shall conform to the City of Fort Worth standards.
I:Ill��i�i*l�
1. By its discretionary consent and agreement, the City may grant exceptions to the above restricted locations and sizes, but
only in a non-exclusive, and non-discriminatory manner, as allowed or required by Chapter 284, Sec. 284.109 and Sec.
284.110.
XIV.Appeals
1. All appeals related to this Design Manual will be heard and decided by the City Manager or City Manager's designee and
must be made in writing. An appeal must be made within thirty (30) calendar days of the Network Provider receiving a
decision from the City. In considering an appeal of a decision of the T/PW or Planning and Development Director or
designee, the following shall be considered:
a. Application requesting the installation of Wireless Facilities;
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b. The T/PW and Planning and Development Directors or designees' decision;
c. The applicant's written statement of the grounds for appeal; and
d. The provisions of this Design Manual, in order to determine whether the decision was consistent with the Design
Manual.
2. If a written decision on the appeal is not rendered within ninety (90) calendar days from the date the written appeal is
received, the requested accommodation shall be deemed granted.
3. The decision of the City Manager or designee is final and shall exhaust all administrative remedies.
XV.Improperly Located Wireless Facilities and Penalty
Wireless Facilities shall not impede pedestrian or vehicular traffic in the Public Right-of-Way. If any Wireless Facilities are
installed in a location that is not in accordance with the plans approved by the T/PW Director and impede pedestrian or
vehicular traffic or do not comply or otherwise render the Public Right-of-Way non-compliant with applicable Laws,
including the American Disabilities Act, then Network Provider shall promptly remove the Wireless Facilities at the sole cost
and expense of the Network Provider. If the Network provider does not remove Wireless Facility within fifteen (15) calendar
days of receiving notice from the City of such improper location, then the City shall remove the Wireless Facility. The
Network Provider shall reimburse City for cost of removal.
2. All fines and penalties as per City Code Chapter 30-19 shall apply for all violations of the Design Manual.
XVI.Graffiti Abatement
1. As soon as practical, but not later than ten (10) calendar days from the date Network Provider receives notice thereof,
Network Provider shall remove all graffiti on any of its Micro Network Node, Network Node, Node Support Pole, and related
ground equipment located in the right-of-way. The foregoing shall not relieve the Network Provider from complying with any
City graffiti or visual blight ordinance or regulation.
XVll.lnsurance, Indemnity, Bonding and Security Deposits
1. Insurance, bonding and security deposits shall be in strict accordance with City requirements for utility work In the Public
right-of-way.
2. Indemnity shall be in accordance with Chapter 284, Sec. 284.302, as provided for in Chapter 283, Sec. 283.057 (a) and (b)
of the TLGC.
XVIII.Network Provider's Responsibility
1. The Network Provider shall provide written notice to the T/PW Director or designee within ten (10) calendar days prior to
preforming any upgrades or maintenance on a Wireless Facility.
2. A Network Provider shall make citizen satisfaction a priority in using the Public Right-of-Way. Network Provider should train
its employees to be customer service-oriented and to positively and politely interact with citizens when dealing with issues
pertaining to its Wireless Facilities in the Public Right-of-Way. Network Provider'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 T/PW
Director, the Network Provider is not interacting in a positive and polite manner with citizens, they shall request Network
Provider to take all remedial steps to conform to these standards.
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XIX.Removal and Relocation by the Network Provider
1. If the Network Provider removes or relocates a Wireless Facility at its own discretion, it shall notify the T/PW Director or
Designee in writing not less than ten (10) calendar days prior to removal or relocation. Network Provider shall obtain all
Permits required for relocation or removal of its Wireless Facilities prior to relocation or removal.
2. The City will not issue any refunds for any amounts paid by Network Provider for Wireless Facilities that have been
removed and relocated.
XX.Removal and Relocation Required for a City Project
1. In accordance with Chapter 284, Sec. 284.107, except as provided in existing Laws, a Network Provider shall relocate or
adjust Wireless Facilities in a Public Right-of-Way in three (3) months and without cost to the City.
2. All Network Provider understands and acknowledges that the City may require any Network Provider to remove or relocate
its Wireless Facilities, or any portion thereof from the Public Right-of-Way for City construction projects as allowed by
applicable Laws.
3. Network Provider shall, at the T/PW Director's or designee's direction, remove or relocate its Wireless Facilities, or any
portion thereof from the Public Right-of-Way at Network Provider's sole cost and expense, except as otherwise provided by
applicable Laws, whenever the T/PW Director or designee reasonably determines that the relocation or removal is needed
for any of the following purposes: water or sanitary sewer main breaks, and required for the construction, completion,
repair, widening, relocation, or maintenance of, or use in connection with, any City construction or maintenance project of a
street or Public Right-of-Way to enhance the public's use for travel and transportation.
4. If a Network Provider fails to remove or relocate the Wireless Facility, or portion thereof as requested, in writing, by the
T/PW Director or designee within ninety (90) calendar days of Network Provider's receipt of the request, then the City shall
be entitled to remove the Wireless Facility, or portion thereof, at Network Provider's sole cost and expense, without further
notice to Network Provider.
5. A Network Provider shall, within thirty (30) calendar days following issuance of invoice for the same, reimburse the City for
its reasonable expenses incurred in the removal and relocation (including, without limitation, overhead and storage
expenses) of the Wireless Facility, or portion thereof.
XXI.Removal Required by City for Safety and Imminent Danger Reasons
A Network Provider shall, at its sole cost and expense, promptly disconnect, remove or relocate the Wireless Facility within
the time frame and in the manner required by the T/PW Director if the TlPW Director or designee reasonably determines
that the disconnection, removal or relocation of any part of a Wireless Facility (a) is necessary to protect the public health,
safety, welfare or City property, (b) the Wireless Facility, or portion thereof, is adversely affecting proper operation of
streetlights or City property, or (c) Network Provider fails to obtain all applicable licenses, Permits and certifications
required by Law for its Wireless Facilities, or use of any location under applicable Laws in strict accordance with the City's
Public Rights-of-Way management ordinance, including, but limited to City Code Chapter 30-19, and other applicable
ordinances, except to the extent not consistent with Chapter 284. If the T/PW Director reasonably determines that there is
imminent danger to the public, then the City may immediately disconnect, remove or relocate the applicable Wireless
Facilities equipment at the Network Provider's sole cost and expense.
2. The T/PW Director shall provide thirty (30) calendar 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., in which case no notice is necessary.
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3. A Network Provider shall, within thirty (30) calendar days following issuance of invoice for the same, reimburse the City for
its reasonable expenses incurred in the removal and relocation (including, without limitation, overhead and storage
expenses) of the Wireless Facility, or portion thereof.
XXII.Abandonment
Network Providers shall remove Wireless Facilities when such Wireless Facilities have been abandoned, regardless of
whether or not it receives notice from the City. Unless the City sends notice that removal must be completed immediately
for failure to pay any fee, Node attachment fee or to ensure public health, safety, and welfare, the removal must be
completed within the earlier of ninety (90) calendar days of the Wireless Facility being abandoned or within ninety (90)
calendar days of receipt of written notice from the City. Failure to remove within the stated time will be considered
abandonment. When Network Provider removes or abandons permanent structures in the Public Right-of-Way, the
Network Provider shall notify the T/PW Director or designee in writing of such removal or abandonment and shall file with
the T/PW Director the location and description of each Micro Network Node, Network Node, Node Support Pole and
related ground equipment removed or abandoned. The T/PW may require the Network Provider to complete additional
remedial measures necessary for public safety and the integrity of the Public Right-of-Way. Should the Network Provider
fail to remove the abandoned Wireless Facility, the City may remove the abandoned Wireless Facility at the Network
Provider or end user's expense.
2. A Network Provider shall, within thirty (30) calendar days following issuance of invoice for the same, reimburse the City for
its reasonable expenses incurred in the removal (including, without limitation, overhead and storage expenses) of the
Wireless Facility, or portion thereof.
XXIII.PoIe ownership.
1. City owns all non-utility poles in the Public Right-of-Way and shall continue to own any and all poles even if such poles are
replaced or relocated by a Network Provider. No part of a Wireless Facility erected or placed on a pole or otherwise on the
Public Right-of-Way by Network Provider will become, or be considered by the City as being affixed to or a part of, the
Public Right-of-Way. All portions of the Wireless Facility constructed, modified, erected, or placed by Network Provider on
the Public 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 City, in writing, prior to any work in the Public Right-of-Way.
XXIV.Design Manual-Updates
1. Placement or modification of Wireless Facilities shall comply with this Design Manual at the time the application for
installation or modification is submitted.
XXV.Definitions
The definitions as used in TLGC, Chapter 284, Sec. 284.002, shall be used in this Design Manual, unless otherwise noted
below.
Antenna means communications equipment that transmits or receives electromagnetic radio frequency signals used in the
provision of wireless services.
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 Chapter 284.
City means the City of Fort Worth, Texas, or its lawful successor.
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City Manager shall mean City Manager or designee.
Chapter 284 means Texas Local Government Code, Chapter 284.
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.
Concealment or Camouflaged means any Wireless Facility or Pole that is covered, blended, painted, disguised, camouflaged
or otherwise concealed such that the Wireless Facility blends into the surrounding environment and is visually unobtrusive as
allowed as a condition for City advance approval under Chapter 284, Sec. 284.105, in Historic or Design Districts. 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 fa�ade, blended with
surrounding area design, painted to match the supporting area or disguised with artificial tree branches.
Decorafive 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 city maintains and
enforces unique design and aesthetic standards on a uniform and nondiscriminatory basis.
Disaster Emergency or Disaster or Emergency means an imminent, impending or actual natural or humanly induced situation
wherein the health, safety or welfare of the residents of the city is threatened, and includes, but is not limited to, any declaration
of emergency by City, State or Federal governmental authorities.
Distributed Antenna System or DAS shall be included as a type of "Network Node."
Easement means and shall include any public easement or other compatible use created by dedication, or by other means, to
the City for public utility purposes or any other purpose whatsoever. "EasemenY' shall include a private easement used for the
provision of utilities.
Federal Communications Commission or FCC means the Federal Administrative Agency, or lawful successor, authorized to
oversee cable television and other multichannel regulation on a national level.
Furnishing Zone means the paved portion of the streetscape zone typically located between the back of curb and the sidewalk.
The furnishing zone typically includes street light poles and lights, utility poles, regulatory signage, traffic signal equipment and
street trees. In some cases a streetscape zone may not have a furnishing zone.
Highway means right-of-way adjacent to a State or Federal highway.
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 City.
Location means the City approved and lawfully permitted location for the Network Node.
Macro Tower means a guyed or self-supported pole or monopole greater than the height parameters prescribed by Chapter
284, Section 284.103, and that supports or is capable of supporting antennas.
Mayor means the Mayor for the City.
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.
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Municipal Park means an area that is zoned or otherwise designated by municipal code as a public park for the purpose of
recreational activity.
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.
MUTCD 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 installed by a network provider for the primary purpose of supporting a Network Node.
Parkway Strip means the unpaved portion of the right-of-way between the back of curb and the sidewalk. The parkway strip
typically includes street light poles and lights, utility poles, regulatory signage, traffic signal equipment and street trees. In some
instances a streetscape zone may not have a parkway strip.
Pedestrian C/ear Zone means the unencumbered paved or sidewalk portion of the streetscape zone inside the right-of-way.
The pedestrian clear zone may or may not be separated from the travel lane by a furnishing zone or parkway strip.
Permit means a written authorization for the use of the Public Right-of-Way or collocation on a service pole required from a
municipality before a network provider may perform an action or initiate, continue or complete a project over which the
municipality has police power authority.
Pole means a service pole, municipally owned utility pole, Node Support Pole, or utility pole.
Private Easemenf ineans an easement or other real property right that is only for the benefit of the grantor and grantee and
their successors and assigns.
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Provider has the same meaning as "Network Provider."
Public Right-of-Way means the area on, below or above a public roadway, highway, street, public sidewalk, alley, waterway or
utility easement in which the municipality has an interest. The term does not include:
a) A private easement; or
b) The airwaves above a Public Right-of-Way with regard to wireless telecommunications.
Public Right-of-Way Management Ordinance means an ordinance that complies with Chapter 284, Subchapter C.
Residential Area means a single-family residential lot or other multifamily residence or undeveloped land that is
designated for residential use by zoning
Section 106 Review means Section 106 of the National Historic Preservation Act of 1966 (NHPA) which requires Federal
agencies to take into account the effects of their undertakings on historic properties, and affords the Advisory Council on
Historic Preservation a reasonable opportunity to comment.
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."
Street means only the portion of the right-of-way used for vehicular travel, being the area between the inside of the curb to the
inside of the opposite curb, or the area between the two parallel edges of the roadway for vehicular travel where there is no
curb. A"street" is generally part of, but smaller in width than the width of the entire right-of-way; while a right-of-way may
include sidewalks and utility easements, a"street" does not. A"streeY' does not include the curb or the sidewalk, if either are
present at the time of a permit application or if added later.
TAS means Texas Accessibility Standards.
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 a Public 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.
Underground Requirement 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, and other public or private restrictions that prohibit installing above
ground structures in a Public Right-of-Way.
User means a person or organization that conducts a business over facilities occupying the whole or a part of a public street or
right-of-way, depending on the context.
19
City of Fort Wireless Facilities and Infrastructure Design Manual (v2) effective 08/15/2017
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 Chapter 284, Section 51.002, Utilities Code.
Wireless 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.
Wireless Service Provider means a person that provides wireless service to the public.
Wireless Facilities mean Micro Network Nodes, Network Nodes, Node Support Poles, Transport Facilities, and any related
equipment, including, but not limited to, ground or underground equipment not Marco facilities.
20
City of Fort Wireless Facilities and Infrastructure Design Manual (v1) effective 08/15/2017
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Exhibit 1- Unique and creative design solutions are encouraged and should be contextual to the Location of the Wireless
Facility.
Visual Guidance Exhibits 21
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WIRELESS FACILITIES AND INFRASTRUCTURE DESIGN MANUAL
City of Fort Wireless Facilities and Infrastructure Design Manual (v1) effective 08/15/2017
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Exhibit 3- Traffic signal structure.
Visual Guidance Exhibits 23
City of Fort Wireless Facilities and Infrastructure Design Manual (v1) effective 08/15/2017
Exhibit 4- Decorative street light with public art. Network Providers shall not install.Wireless Facilities on Public Art without
written permission from the artist to prevent potential copyright issues.
Visual Guidance Exhibits 24
City of Fort Wireless Facilities and Infrastructure Design Manual (v1) effective 08/15/2017
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Exhibit 5- Example of a photo simulation.
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Visual Guidance Exhibits 25
City of Fort Wireless Facilities and Infrastructure Design Manual (v1) effective 08/15/2017
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Exhibit 6- In Historic Districts and Design Districts with Decorative Poles more than one Network Node is not allowed because it
fails to meet the Concealment standards.
Visual Guidance Exhibits 26
City of Fort Wireless Facilities and Infrastructure Design Manual (v1) effective 08/15/2017
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Exhibit 7- Aerial power and fiber connections are not be permitted. They create additional visual clutter and may require extra
tension and structural support.
Visual Guidance Exhibits 27
City of Fort Wireless Facilities and Infrastructure Design Manual (v1) effective 08/15/2017
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Exhibit 8- All attachments on all Service Poles shall be at least twelve (12) feet above grade, and if a Wireless Facilities'
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 (see exhibit 12).
Visual Guidance Exhibits 28
City of Fort Wireless Facilities and Infrastructure Design Manual (v1) effective 08/15/2017
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Exhibit 9— The Pole on the right the Wireless Facility is mounted in an inconspicuous location and painted to match. The Pole
on the left the Wireless Facility is a different color than the pole and there is exposed conduit.
Visual Guidance Exhibits 29
City of Fort Wireless Facilities and Infrastructure Design Manual (v1) effective 08/15/2017
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Exhibit 10- Exposed wiring is prohibited. Above the electric meter and disconnect switch, all conduit and wiring shall be located
inside the pole. All equipment is located inside the pole and avoids creating physical or visual obstruction to pedestrian and
vehicular traffic.
Visual Guidance Exhibits 30
City of Fort Wireless Facilities and Infrastructure Design Manual (v1) effective 08/15/2017
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Exhibit 11- Equipment shall not be placed adjacent to the walkway in a manner that diminishes the comfort of pedestrians or
be located within the Pedestrian Clear Zone
Visual Guidance Exhibits 31
City of Fort Wireless Facilities and Infrastructure Design Manual (v1) effective 08/15/2017
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Exhibit 12- Where available, all Wireless Facilities shall be located in the Furnishing Zone or Parkway Strip in line with existing
street trees and Decorative Poles. In no instance shall a Wireless Facility equipment be located in the Pedestrian Clear Zone.
In the Downtown Urban Design District a seven (7) foot wide Pedestrian Clear Zone shall be maintained.
Visual Guidance Exhibits 32
City of Fort Wireless Facilities and Infrastructure Design Manual (v1) effective 08/15/2017
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Exhibit 13- The separation between Wireless Facilities shall be a minimum of two-hundred (200) feet or two-hundred fifty (250)
feet in Historic Districts and Design Districts with decorative poles, per block face, to minimize the hazard of multiple poles
adjacent to road ways and to minimize effect on property values and aesthetics in the area
Visual Guidance Exhibits 33
City of Fort Wireless Facilities and Infrastructure Design Manual (v1) effective 08/15/2017
Exhibit 14- The Wireless Facility is located in front of the residential building. Wireless Facilities shall be located where the
shared property line intersects the Public Right-of-Way
Visual Guidance Exhibits � 34
City of Fort Wireless Facilities and Infrastructure Design Manual (v1) effective 08/15/2017
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Exhibit 15- Network Node placement shall not impair light, air, or views from adjacent windows.
Visual Guidance Exhibits 35
City of Fort Wireless Facilities and Infrastructure Design Manual (v1) effective 08/15/2017
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Exhibit 16- Equipment enclosures and equipment mounting base plates shall be the same width as the pole or structure that
they are attached to, even if they need to be slightly longer as a result. Narrow equipment enclosures are less likely to impede
pedestrian traffic, impair views of buildings and scenic resources or to detract from streetscapes (see exhibit 14).
Visual Guidance Exhibits 36
City of Fort Wireless Facilities and Infrastructure Design Manual (v1) effective 08/15/2017
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Exhibit 17— The cabling that is cluttered & tangled. Excess loose cabling, excess decals/ stickers, and cluttered appearance of
equipment cabinets is not allowed. Repetitive, and highly visible RF warning stickers, and equipment manufacturer decals
located near bottom of pole and visible to pedestrians are not allowed. The presence of multiple stickers and manufacturer
logos, which should be removed or painted over.
Visual Guidance Exhibits 37
City of Fort Worth, Texas
Mayor and Council Communication
DATE: Tuesday, August 15, 2017 REFERENCE NO.: G-19076
LOG NAME: 06WIRELESS INFRASTRUCTURE DESIGN MANUAL ADOPTION
SUBJECT:
Adopt Ordinance Amending Chapter 30, "Street and Sidewalks" of the Code of the City of Fort Worth,
Texas by Enacting a New Section 30-19, "Use of the City's Rights-of-Way for Small Cell Infrastructure" to
Comply with Chapter 284 of the Texas Local Government Code Concerning the Adoption of a Design
Manual, Designation of Public Parks, and Levying of Fees and Rates (ALL COUNCIL DISTRICTS)
RECOMMENDATION:
It is recommended that the City Council adopt the attached ordinance amending Chapter 30, "Street and
Sidewalks" of the Code of the City of Fort Worth, Texas by enacting a new Section 30-19, "Use of the
City's Rights-of-Way for Small Cell Infrastructure" to comply with certain provisions of the new Chapter
284 of the Texas Local Government Code by: (1) Adopting a design manual for wireless network
companies to regulate work in the public rights-of-way for the installation, construction, and use of wireless
facilities, (2) Designating recreational public parks within the City of Fort Worth, and (3) Levying
application fees and public rights-of-way use rates.
DISCUSSION:
The 85th Texas legislature recently passed Senate Bill (SB) 1004 (to be codified as the new Texas Local
Government Code Chapter 284) ("Chapter 284"), to be effective September 1, 2017. Chapter 284
mandates that wireless infrastructure and service providers have access to the public rights-of-way to
locate their wireless facilities, including network nodes, support poles and transfer facilities.
Placing wireless facilities in a right-of-way is standard practice for many utility companies, but Chapter 284
standardizes the practice and caps the fees that the City of Fort Worth can charge for the use of the public
rights-of-way, which is intended to expedite the process on reasonable and nondiscriminatory terms.
Chapter 284 also limits the City's police power but allows additional restrictions on the placement and
characteristics of network nodes and node support poles when they are proposed to be located in
municipal parks, residential areas, historic districts, design districts, and underground districts.
Design Manual. Chapter 284 also permits the City to adopt a design manual governing the installation and
construction of network nodes and new node support poles in the public rights-of-way that includes
additional installation and construction details that do not conflict with Chapter 284 (Design Manual),
provided that the Design Manual must be in place at the time the permit applications are first submitted on
September 1, 2017. The attached Design Manual is intended to fulfill the purposes of Chapter 284 and
lays out in detailed fashion the rules and regulations for installing and constructing wireless facilities in the
public rights-of-way.
The intent of the Design Manual is to give assistance and guidance to network providers and staff for the
timely, efficient, safe and aesthetically pleasing installation of wireless facilities in the public right-of-way. It
outlines prohibited areas, most preferable locations, and least preferable locations for wireless facilities. In
addition, the Design Manual lists an order of preference for wireless facilities installation on City assets,
Logname: 06WIRELESS INFRASTRUCTURE DESIGN MANUAL ADOPTION Page 1 of 3
i.e. on existing utility poles, then municipal service poles, and lastly on new support poles. It provides
standards and guidelines for location, separation, and how related equipment including electric meters,
cabling, and signage are attached. The purpose of these standards and guidelines are to ensure that
wireless facilities are placed and attached in an orderly, safe, and inconspicuous fashion so that they have
a minimal impact on the visual landscape.
Fees and Rates. As stated above, Chapter 284 provides for the assessment and payment of application
fees and annual public rights-of-way use rates. It is recommended that the following fees be implemented.
��-.---__ _ _ �_ �_����_W______
pplication Fee � Fee Amount
. Network node $500.00 per application for up to 5 network
nodes, and $250.00 for each additional
' network node on a single permit
application; up to 30 network nodes are
_��. �,� �_� _ _� ___� � _
allowed on each application.
. Node support pole �$1,000.00 per application for each pole
. Transport Facility $500.00 per application for up to 5 network
nodes and $250.00 for each additional
network node on a single permit
application; up to 30 network nodes are
allowed on each permit.
nnual Fee Fee Amount �
���.��.��
. Network node $250.00 per network node site.
. Node support pole No separate rate from the network node
annual fee (each support pole should have
a network node attached)
�. Transport Facility � $28.00 monthly for each network node site,
unless an equal or greater amount is paid
he city, e.g., under Chapter 283, Tex. Loc.
Gov. Code or Chapter 66, Tex. Util. Code.
With regard to the application fees, Chapter 284 allows the City to charge a fee that may not exceed the
lesser of (1) the actual, direct, and reasonable costs incurred in granting or processing an application, or
(2) the statutory amount in the chart above. City Staff performed an analysis of its estimated costs in
granting and processing an application and determined that the statutory amount would be lower; thus,
Staff is requesting that City Council adopt the statutory amounts listed above. Because Staff s analysis
shows that the City's costs far exceed the fees allowed under Chapter 284, Staff is recommending the
maximum fees allowed by law to keep the City's out-of-pocket costs to a minimum.
Parks. As previously stated, Chapter 284 limits the City's police power but allows additional restrictions on
the placement and characteristics of network nodes and node support poles when they are proposed to be
located in municipal parks. Chapter 284's definition of Municipal Park does not align with the City's
practice of designating pubic parks, so the attached ordinance is intended to designate, through City code,
recreational public parks within the City of Fort Worth that are applicable to Chapter 284.
This M&C does not request approval of a contract with a business entity.
FISCAL INFORMATION / CERTIFICATION:
Logname: 06WIRELESS INFRASTRUCTURE DESIGN MANUAL ADOPTION Page 2 of 3
the fourth quarter of the Fiscal Year 2017 Budget. Increased revenues will be inciuded in the long term
forecast associated with future years.
FUND IDENTIFIERS (FIDs�:
TO
Fund Department cc�
ID
un Project Prog
ID
2 10100 0204001 4800100
IFundl Department �ccoun PriD ct Prog
ID
CERTIFICATIONS:
Submitted for City Manager's Office b�
Oriqinating Department Head•
Additional Information Contact•
Budget
Year
2017
Budget
Year
Fernando Costa (6122)
Randle Harwood (6101)
Sevanne Steiner (8012)
Tyler Wallach (7607)
Reference #
Chartfield 2'
Reference #
Chartfield 2'
Logname: 06WIRELESS INFRASTRUCTURE DESIGN MANUAL ADOPTION Page 3 of 3