HomeMy WebLinkAboutAGENDApacket__01-08-24_0305_557
NOTICE OF MEETING
REGULAR MEETING
FOUNTAIN HILLS PLANNING AND ZONING COMMISSION
Chairperson Peter Gray
Vice Chairperson Rick Watts
Commissioner Patrick Dapaah
Commissioner Clayton Corey
Commissioner Susan Dempster
Commissioner Dan Kovacevic
Commissioner Scott Schlossberg
TIME:6:00 P.M. – REGULAR MEETING
WHEN:MONDAY, JANUARY 8, 2024
WHERE:FOUNTAIN HILLS COUNCIL CHAMBERS
16705 E. AVENUE OF THE FOUNTAINS, FOUNTAIN HILLS, AZ
Commissioners of the Town of Fountain Hills will attend either in person or by telephone conference call; a quorum of the
Town’s Council, various Commission, Committee or Board members may be in attendance at the Commission meeting.
Notice is hereby given that pursuant to A.R.S. §1-602.A.9, subject to certain specified statutory exceptions, parents have a
right to consent before the State or any of its political subdivisions make a video or audio recording of a minor child. Meetings
of the Commission are audio and/or video recorded and, as a result, proceedings in which children are present may be subject
to such recording. Parents, in order to exercise their rights may either file written consent with the Town Clerk to such
recording, or take personal action to ensure that their child or children are not present when a recording may be made. If a
child is present at the time a recording is made, the Town will assume that the rights afforded parents pursuant to A.R.S.
§1-602.A.9 have been waived.
REQUEST TO COMMENT
The public is welcome to participate in Commission meetings.
TO SPEAK TO AN AGENDA ITEM, please complete a Request to Comment card, located in the back of
the Council Chambers, and hand it to the Executive Assistant prior to discussion of that item, if
possible. Include the agenda item on which you wish to comment. Speakers will be allowed three
contiguous minutes to address the Commission. Verbal comments should be directed through the
Presiding Officer and not to individual Commissioners.
TO COMMENT ON AN AGENDA ITEM IN WRITING ONLY, please complete a Request to Comment card,
indicating it is a written comment, and check the box on whether you are FOR or AGAINST and agenda
item, and hand it to the Executive Assistant prior to discussion, if possible.
REGULAR MEETING
1.CALL TO ORDER, PLEDGE OF ALLEGIANCE AND MOMENT OF SILENCE – Chair Gray
2.ROLL CALL – Chair Gray
3.CALL TO THE PUBLIC
Pursuant to A.R.S. §38-431.01(H), public comment is permitted (not required) on matters NOT listed on the
agenda. Any such comment (i) must be within the jurisdiction of the Commission, and (ii) is subject to reasonable
time, place, and manner restrictions. The Commission will not discuss or take legal action on matters raised
during Call to the Public unless the matters are properly noticed for discussion and legal action. At the conclusion
of the Call to the Public, individual commissioners may (i) respond to criticism, (ii) ask staff to review a matter, or
(iii) ask that the matter be placed on a future Commission agenda.
4.CONSIDERATION AND POSSIBLE ACTION: approving the regular meeting minutes of the
Planning and Zoning Commission December 11, 2023.
5.PUBLIC HEARING, CONSIDERATION, AND POSSIBLE ACTION: Request for approval of
Ordinance 24-03, amending Section 24.03 (Regulations) of Chapter 24 (Medical Marijuana
Uses) of the Fountain Hills Zoning Ordinance to allow operating hours between 7:00am and
9:00pm and to allow offsite delivery of medical marijuana.
6.REVIEW, DISCUSS AND PROVIDE DIRECTION: Town ordinances, procedures, and policies
regarding wireless services, broadband services, and underground utilities.
7.COMMISSION DISCUSSION/REQUEST FOR RESEARCH to staff.
8.SUMMARY OF COMMISSION REQUESTS from Development Services Director.
9.REPORT from Development Services Director.
10.ADJOURNMENT
CERTIFICATE OF POSTING OF NOTICE
The undersigned hereby certifies that a copy of the foregoing notice was duly posted in accordance with the statement filed
by the Planning and Zoning Commission with the Town Clerk.
Dated this ______ day of ____________________, 2023.
_____________________________________________
Paula Woodward, Executive Assistant
The Town of Fountain Hills endeavors to make all public meetings accessible to persons with disabilities. Please call 480-816-5199 (voice) or
1-800-367-8939 (TDD) 48 hours prior to the meeting to request a reasonable accommodation to participate in the meeting or to obtain
agenda information in large print format. Supporting documentation and staff reports furnished the Commission with this agenda are
available for review in the Development Services' Office.
Planning and Zoning Commission Meeting of January 8, 2024 2 of 3
Planning and Zoning Commission Meeting of January 8, 2024 3 of 3
ITEM 4.
TOWN OF FOUNTAIN HILLS
STAFF REPORT
Meeting Date: 01/08/2024 Meeting Type: Planning and Zoning Commission
Agenda Type: Submitting Department: Development Services
Prepared by: Paula Woodward, Executive Assistant
Staff Contact Information: Paula Woodward, Executive Assistant
Request to Planning and Zoning Commission (Agenda Language): CONSIDERATION AND
POSSIBLE ACTION: approving the regular meeting minutes of the Planning and Zoning Commission
December 11, 2023.
Staff Summary (Background)
The intent of approving meeting minutes is to ensure an accurate account of the discussion and action
that took place at the meeting for archival purposes. Approved minutes are placed on the Town's
website and maintained as permanent records in compliance with state law.
Related Ordinance, Policy or Guiding Principle
N/A
Risk Analysis
N/A
Recommendation(s) by Board(s) or Commission(s)
N/A
Staff Recommendation(s)
Staff recommends approving the meeting minutes of the regular meeting minutes of the Planning and
Zoning Commission December 11, 2023.
SUGGESTED MOTION
MOVE to approve the regular meeting minutes of the Planning and Zoning Commission December 11,
2023.
Attachments
PZ Summary Minutes Draft
Planning and Zoning Commission December 9, 2023 1 of 4
TOWN OF FOUNTAIN HILLS
MINUTES OF THE REGULAR MEETING OF THE PLANNING AND ZONING COMMISSION December 9, 2023 1. CALL TO ORDER, PLEDGE OF ALLEGIANCE AND MOMENT OF SILENCE
Chairperson Gray called the Regular Meeting of the Fountain Hills Planning and Zoning Commission held on December 9, 2023, to order at 6:00 p.m. and led the
Commission and audience in the Pledge of Allegiance and Moment of Silence. 2. ROLLCALL
Commissioners Present: Chairperson Peter Gray; Vice Chairperson Rick Watts; Commissioner Clayton Corey; Commissioner Dapaah (telephonically); Commissioner Susan Dempster; Commissioner Dan Kovacevic Commissioners Absent: Commissioner Scott Schlossberg
Staff Present: Development Services Director John Wesley; Senior Planner Farhad Tavassoli and Executive Assistant Paula Woodward
3. CALL TO THE PUBLIC No one from the public spoke. 4. CONSIDERATION AND POSSIBLE ACTION: approving the regular meeting minutes of the Planning and Zoning September 11, 2023 and November 13, 2023. MOVED BY Commissioner Dempster to approve the regular meeting minutes of the Planning and Zoning September 11, 2023 and November 13, 2023. SECONDED BY Vice Chair Watts. Vote: 6-0 Unanimously 5. HOLD A PUBLIC HEARING, CONSIDERATION, AND POSSIBLE ACTION: REZONE approximately 6.7 acres generally located at the southeast corner of Shea Blvd. and Technology Drive (site address: 16815 E. Shea Blvd) from C-2 P.U.D (Intermediate Commercial and Professional Zoning District with a Planned Unit Development overlay) and IND-1 (Planned Industrial Zoning District) to PAD (Planned Area Development) to allow for development consisting of 316-unit, 4-story residential community. The following residents provided written statements stating that they were against the project: Margaret Woodring
Marie Sterling Joe Sterling Libby Settle
Pat Rousseau Cathi Marx Jeffery Webb
Nancy Plencner Shaun Settle Jack Grimm Doris Mills Larry Meyers James & Mary Jo Weddell Shari Spence Crystal Cavanaugh
Planning and Zoning Commission December 9, 2023 2 of 4
The following residents addressed the Commission:
Allen Skillicorn Larry Meyers Geoff Meyers
Jane Bell Liz Gildersleeve Jim Spence Nancy Ordowski John Gilbert Pamela Curtis Joanne Lyles Besty Lavoie Mathew Corrigan Bob Strasser Ed Stizza MOVED BY Vice Chair Watts to recommend the Town Council deny the REZONE approximately 6.7 acres generally located at the southeast corner of Shea Blvd. and
Technology Drive (site address: 16815 E. Shea Blvd) from C-2 P.U.D (Intermediate Commercial and Professional Zoning District with a Planned Unit Development overlay) and IND-1 (Planned Industrial Zoning District) to PAD (Planned Area Development) to
allow for development consisting of 316-unit, 4-story residential community. Motion Failed. MOVED BY Commissioner Corey to recommend the Town Council approve the REZONE approximately 6.7 acres generally located at the southeast corner of Shea Blvd. and Technology Drive (site address: 16815 E. Shea Blvd) from C-2 P.U.D
(Intermediate Commercial and Professional Zoning District with a Planned Unit Development overlay) and IND-1 (Planned Industrial Zoning District) to PAD (Planned Area Development) to allow for development consisting of 316-unit, 4-story residential community. SECONDED BY Commissioner Dapaah. Vote: 2-4 Commissioner Corey Aye
Commissioner Dapaah Aye Commissioner Dempster Nay Commissioner Kovacevic Nay Chair Peter Gray Nay Vice Chair Watts Nay Recorder's Note: The Planning and Zoning Commission recessed at 9:10 p.m. for a short break and reconvened at 9:15 p.m. 6. HOLD A PUBLIC HEARING, CONSIDERATION, AND POSSIBLE ACTION: REZONE
approximately 22.5 acres generally located at the southwest corner of Shea Blvd. and Saguaro Blvd. (site address: 16825 E. Shea Blvd) from C-2 P.U.D –Intermediate Commercial and Professional Zoning District with a Planned Unit Development overlay)
and IND-1 (Planned Industrial Zoning District) to Four Peaks Plaza PAD (Planned Area Development) to allow for removal of two existing freestanding monument signs and replacing them with two new freestanding monument signs of 20’(h) and 12’(h),
respectively. 7. The following residents provided written statements stating that they were against the project: Liz Gildersleeve Crystal Cavanaugh Cathi Marx
Planning and Zoning Commission December 9, 2023 3 of 4
Shari Spence
The following residents addressed the Commission: Larry Meyers
Jim Spence Pamela Curtis Ed Stizza Bob Strasser 8. MOVED BY Chair Gray to recommend the Town Council approve, (with stipulations) the REZONE approximately 22.5 acres generally located at the southwest corner of Shea Blvd. and Saguaro Blvd. (site address: 16825 E. Shea Blvd) from C-2 P.U.D –Intermediate Commercial and Professional Zoning District with a Planned Unit Development overlay) and IND-1 (Planned Industrial Zoning District) to Four Peaks Plaza PAD (Planned Area Development) to allow for removal of two existing freestanding monument signs and replacing them with two new freestanding monument signs of 20’(h) and 12’(h), respectively. SECONDED BY Commissioner Kovacevic. Vote: 3-3
Commissioner Kovacevic Aye Vice Chair Watts Nay
Commissioner Corey Aye Commissioner Dempster Nay Commissioner Dapaah Nay
Chair Peter Gray Aye 9. COMMISSION DISCUSSION/REQUEST FOR RESEARCH to staff. 10. SUMMARY OF COMMISSION REQUESTS from Development Services Director. 11. REPORT from Development Services Director. 12. ADJOURNMENT
adjourned the Regular meeting of the Fountain Hills Planning and Zoning Commission held on December 9, 2023 at 10:24 p.m.
PLANNING AND ZONING COMMISSION
Chairperson Peter Gray
ATTESTED AND PREPARED BY
Paula Woodward, Executive Assistant
CERTIFICATION
I hereby certify that the foregoing minutes are a true and correct copy of the minutes of the Regular Meeting held by the Planning and Zoning Commission, Fountain Hills in the Town Hall Council Chambers on December 9, 2023. I further certify that the meeting was duly called and that a quorum was present. DATED this day of December 9, 2023.
Planning and Zoning Commission December 9, 2023 4 of 4
Paula Woodward, Executive Assistant
ITEM 5.
TOWN OF FOUNTAIN HILLS
STAFF REPORT
Meeting Date: 01/08/2024 Meeting Type: Planning and Zoning Commission
Agenda Type: Submitting Department: Development Services
Prepared by: Farhad Tavassoli, Senior Planner
Staff Contact Information: Farhad Tavassoli, Senior Planner
Request to Planning and Zoning Commission (Agenda Language): PUBLIC HEARING,
CONSIDERATION, AND POSSIBLE ACTION: Request for approval of Ordinance 24-03, amending
Section 24.03 (Regulations) of Chapter 24 (Medical Marijuana Uses) of the Fountain Hills Zoning
Ordinance to allow operating hours between 7:00am and 9:00pm and to allow offsite delivery of
medical marijuana.
Staff Summary (Background)
The law office of Gammage and Burnham, PLC has submitted a request for a zoning ordinance text
amendment that would allow medical marijuana dispensaries to expand their hours from
9:00am-7:00pm to 7:00am-9:00pm, thus expanding operating hours from 10 hours to 14 hours. In
addition, the applicant also requests removal of the prohibition of offsite medical marijuana delivery
services.
If approved, the text amendment will not change the zoning requirements or limitations on uses that
currently apply to medical marijuana dispensaries in Fountain Hills, except for modifying hours and
allowing delivery services. All other regulations, requirements and limitations of uses that currently
apply to dispensaries will continue, including the following:
Marijuana dispensaries are only permitted in the C-3 zoning district;
Marijuana dispensaries must be separated from other sensitive uses as shown below:
From another medical marijuana dispensary or cultivation
facility
Not less than
2,000 feet
From a residential substance abuse treatment facility or
rehabilitation facility
Not less than
2,000 feet
From a childcare center, pre-school, public/charter or private
school, or other entertainment facility for children
Not less than
2,000 feet
From a park or public library Not less than
1,000 feet
Separation Requirements for Medical Marijuana Dispensaries
From a church or place of worship Not less than
500 feet
The manufacture and testing of marijuana is prohibited;
Drive-through services and sales are prohibited;
Consumption of marijuana on the dispensary premises is prohibited;
Licensed and duly bonded security guards must be present at main entrances and exits during all
hours of operation;
The Town Manager may require dispensaries to provide a neighborhood security guard patrol for
a five-hundred-foot radius surrounding the property during operating hours;
Outdoor seating is prohibited, and dispensaries must have adequate indoor seating to prevent
outside loitering;
Lighting requirements that specify illumination during evening hours, fixture type, and location
must be met; and
Dispensaries must allow unrestricted access by Town code enforcement officers and Maricopa
County Sheriff’s Department Deputies.
In addition to these requirements, medical marijuana dispensaries must comply with all AZDHS
regulations regarding licensing, security, and delivery protocols. These requirements will ensure that the
Town’s dispensaries will continue to be compatible with, and will operate without adverse impact on,
surrounding properties in Fountain Hills.
The Town currently has one medical marijuana dispensary located in a C-3 (General Commercial) zoning
district, which is the only zoning district that allows such a use. The applicant contends that the
amendment will give the dispensary a better competitive advantage as it will better compete with
dispensaries in neighboring municipalities that provide longer hours and delivery services across
jurisdictions, including Fountain Hills.
The attached justification statement from the applicant provides detailed information as to the
potential benefits to the business and community. Staff has confirmed that both Scottsdale and Mesa,
the two closest cities to Fountain Hills, do allow for delivery of medical marijuana. Both cities also have
longer hours that these facilities can be open.
Related Ordinance, Policy or Guiding Principle
Zoning Ordinance, Chapter 24 (Medical Marijuana Uses), Section 24.03 (Regulations)
Town Code, Article 11 (Offenses), Section 11-2 (Recreational Marijuana)
Arizona Revised Statutes, Title 36, Chapter 28
Risk Analysis
Approving the text amendment will allow medical marijuana dispensary to stay open an additional four
hours to what is currently allowed. Also, it will remove the prohibition of off site delivery services. These
modifications could potentially bring in additional revenue to the Town with increased demand for such
services.
Denial of the text amendment request will maintain current limitations on hours of operation as well as
the prohibition of offsite delivery services. However, offsite delivery services from dispensaries from
other jurisdictions to Fountain Hills will not be precluded.
Recommendation(s) by Board(s) or Commission(s)
Recommendation(s) by Board(s) or Commission(s)
N/A
Staff Recommendation(s)
Staff believes the modifications being proposed provide a competitive advantage for the existing
medical marijuana dispensary over neighboring municipal jurisdictions without changing the zoning
requirements or limitations on uses that currently apply to medical marijuana dispensaries. Staff can
support the proposed ordinance but also looks for input and discussion from the Commission to make
refinements and adjustments to meet the needs of the community without compromising the health,
safety and welfare of the Town.
The Commission could vote to recommend just one of the two changes requested rather than both.
SUGGESTED MOTION
Move to recommend approval/denial of Ordinance 24-03.
Attachments
ORD 24-03
Applicant Justification
ORDINANCE NO. 24-03
AN ORDINANCE OF THE MAYOR AND COUNCIL OF THE TOWN OF
FOUNTAIN HILLS, ARIZONA, AMENDING THE TOWN OF FOUNTAIN
HILLS ZONING ORDINANCE, CHAPTER 18, TOWN CENTER
COMMERCIAL DISTRICT, BY AMENDING SECTION 18.03. B. 23., AND
CHAPTER 25, ENTERTAINMENT OVERLAY DISTRICT, SECTION 25.02. E.
TO ALLOW OUTDOOR SEATING AREAS FOR FOOD AND BEVERAGE
SERVICE WITHININ SIDEWALK AREAS LOCATED IN A PUBLIC RIGHT
OF WAY, PROVIDED AN ENCORACHMENT PERMIT IS APPROVED BY
TOWN COUNCIL.
RECITALS:
WHEREAS, the Mayor and Council of the Town of Fountain Hills (the “Town Council”)
adopted Ordinance No. 93-22 on November 18, 1993, which adopted the Zoning Ordinance
for the Town of Fountain Hills (the “Zoning Ordinance”); and
WHEREAS, the Town Council desires to amend the Zoning Ordinance to revise Chapter
24, Medical Marijuana Uses, by amending provisions related to limited business hours and
the removal of the prohibition of delivery services for medical marijuana dispensaries in
Sections 24-03.B and 24.03C.4.; and
WHEREAS, in accordance with the Zoning Ordinance and pursuant to ARIZ. REV. STAT.
§ 9-462.04, public hearings regarding this ordinance were advertised in the December 20,
2023, and December 27, 2023 editions of the Fountain Hills Times; and
WHEREAS, public hearings were held by the Fountain Hills Planning & Zoning
Commission on January 8, 2024 and by the Town Council on February 6, 2024.
ENACTMENTS:
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF
THE TOWN OF FOUNTAIN HILLS as follows:
SECTION 1. The recitals above are hereby incorporated as if fully set forth herein.
SECTION 2. The Zoning Ordinance, Chapter 24, Medical Marijuana Uses, Section
24.03 B and C.4, Regulations, is amended as follows:
…
…B. A medical marijuana dispensary shall have operating hours not earlier than 9:00
a.m. 7:00 A.M. and not later than 7:00 p.m. 9:00 P.M.
C. A medical marijuana dispensary or medical marijuana cultivation location shall:
1. Be located in a permanent building and may not be located in a trailer, cargo
container, mobile or modular unit, mobile home, recreational vehicle or other mobile
vehicle.
2. Not have drive-through service.
3. Not emit dust, fumes, vapors or odors into the environment.
4. Not provide offsite delivery of medical marijuana.
4. 5. Prohibit consumption of marijuana on the premises.
5. 6. Not have outdoor seating areas, but shall have adequate indoor seating to prevent
outside loitering.
6. 7. Display a current Town of Fountain Hills business license and a State of Arizona
tax identification number.
7. 8. Install lighting to illuminate the exterior and interior of the building and all
entrances and exits to the facility. Exterior lighting shall be five foot candles, measured
at ground level, and shall remain on during all hours between sunset and sunrise each
day. Twenty-four (24) hours each day, the medical marijuana dispensary or medical
marijuana cultivation location shall illuminate the entire interior of the building, with
particular emphasis on the locations of any counter, safe, storage area and any location
where people are prone to congregate. The lighting must be of sufficient brightness to
ensure that the interior is readily visible from the exterior of the building from a
distance of one hundred (100) feet.
8. 9. Provide security guards at the main entrances and exits during all hours of
operation. For the purposes of this Chapter, “security guard” shall mean licensed and
duly bonded security personnel registered pursuant to ARIZ. REV. STAT. § 32-2601
et seq. Prior to opening for business, the medical marijuana dispensary or medical
marijuana cultivation location shall provide all property owners within a 500 foot radius of
the medical marijuana dispensary or medical marijuana cultivation location with written
notification via first class U.S. Mail of the security company responsible for providing its
security services.
9. 10. If determined necessary by the Town Manager at any time, medical marijuana
dispensaries or medical marijuana cultivation locations shall provide a neighborhood
security guard patrol for a five-hundred-foot radius surrounding the medical marijuana
dispensary during all or specified hours of operation.
10. 11. Have an exterior appearance compatible with commercial structures already
constructed or under construction within the immediate neighborhood to insure against
blight, deterioration, or substantial diminishment or impairment of property values in
the vicinity.
11. 12. Allow unrestricted access by Town code enforcement officers, Maricopa
County Sheriff’s Department Deputies or other agents or employees of the Town
requesting admission for the purpose of determining compliance with these standards.
12. 13. Not display signs, or any other advertising matter used in connection with the
medical marijuana dispensary or medical marijuana cultivation of any offensive nature
and such signs shall in no way be contrary to the Town code, or obstruct the view of
the interior of the premises viewed from the outside.
13. 14. Comply with all other applicable property development and design standards of
the Town of Fountain Hills.
SECTION 4. The Mayor, the Town Manager, the Town Clerk and the Town
Attorney are hereby authorized and directed to execute all documents and take all steps
necessary to carry out the purpose and intent of this Ordinance.
PASSED AND ADOPTED by the Mayor and Council of the Town of Fountain
Hills, Arizona, this 6th day of February, 2024.
FOR THE TOWN OF FOUNTAIN HILLS: ATTESTED TO:
Ginny Dickey, Mayor Linda Mendenhall, Town Clerk
REVIEWED BY: APPROVED AS TO FORM:
Rachael Goodwin, Town Manager Aaron D. Arnson, Town Attorney
TEXT AMENDMENT
Narrative Statement of Justification
Prepared by:
40 North Central Ave., 20th Floor | Phoenix, AZ 85004
Contact:
Gammage & Burnham, PLC
Attn: Lindsay Schube
(602) 256-4400
lschube@gblaw.com
Submittal Date: November 17, 2023
This application requests an amendment (“Text Amendment”) to the Chapter 24 of the Fountain
Hills Zoning Ordinance. The purpose of the Text Amendment is to allow medical marijuana
dispensaries to operate from 7:00 a.m. to 9:00 p.m. and to perform delivery services. The precise
language of the proposed Text Amendment is provided in Exhibit A.
Amendments to zoning ordinances, particularly for marijuana uses, are a common occurrence in
the Valley and other Arizona jurisdictions. For example, since 2018, Scottsdale, Phoenix,
Tempe, Chandler, Mesa, and Payson have amended their zoning ordinances to expand the
permitted hours of operation. The Town of Gilbert is currently considering such an amendment
as well. Additionally, in this year alone, both Payson and Peoria have amended their zoning
ordinances to allow for delivery of medical marijuana products.
These jurisdictions, like many others, recognize that the medical marijuana business is a safe and
secure retail industry with great potential for local tax revenue generation. Approving this Text
Amendment will only increase the value that this industry can bring to Fountain Hills.
Background
To provide context and understanding of this Text Amendment, it will be helpful to understand
the regulatory landscape under which Fountain Hills dispensaries currently operate. This section
provides an overview of the types of licenses that are granted by the Arizona Department of
Health Services (“AZDHS”) under the medical and recreational marijuana programs, and the
licenses currently allowed in the Town of Fountain Hills.
AZDHS Licensing for Dispensaries
1. Medical/Dual Licenses
The Arizona Department of Health Services (“AZDHS”) administers the medical and
recreational marijuana programs in the State of Arizona. Since the adoption of the Arizona
Medical Marijuana Act in 2010, AZDHS has issued 130 medical marijuana licenses. The entity
holding a medical marijuana license is permitted to operate one (1) medical marijuana
dispensary. AZDHS is no longer issuing medical marijuana licenses, and the number of medical
marijuana licenses issued by AZDHS has been capped at 130 licenses.
On November 3, 2020, Arizona voters approved the “Smart and Safe Arizona Act” which
legalized fair recreational marijuana for adults. Following the adoption of the Smart and Safe
Arizona Act, AZDHS converted all 130 medical marijuana licenses to dual licenses. The holder
of a dual license is permitted to operate one (1) dispensary, which may sell medical marijuana to
cardholders and recreational marijuana to persons 21 and older.
The only licensed dispensary in Fountain Hills operates as a dual licensee, meaning it currently
sells both recreational and medical marijuana as required by State law.
2. Establishment Licenses
Shortly after the adoption of the Smart and Safe Arizona Act, AZDHS first issued 13
establishment licenses in counties that had less than two existing dispensaries within their
jurisdictional boundaries. These 13 establishment licenses are required to remain in the county in
which they were awarded. As such, they are commonly referred to as “county licenses.” No
county licenses were awarded in Maricopa County, and they may not be moved to Maricopa
County.
In April of 2022, AZDHS awarded 26 additional establishment licenses through its Social Equity
Ownership Program. The license holder of any establishment license—whether a county license
or an establishment license awarded through the Social Equity Ownership Program—is
permitted to operate one (1) dispensary that may sell recreational marijuana to persons 21 and
older. Establishment licensees are not permitted to sell medical marijuana to eligible cardholders.
Marijuana Establishments are prohibited by Section 11-2-3 of the Fountain Hills Municipal
Code. There are no recreational-only marijuana dispensaries in Fountain Hills.
Existing Fountain Hills Zoning Ordinance
1. Hours of Operation
Section 24.03(B) of the Fountain Hills Zoning Ordinance provides that medical marijuana
dispensaries shall operate no earlier than 9:00 a.m. and no later than 7:00 p.m.
2. Prohibition on Delivery Services
Section 24.03(C)(4) of the Fountain Hills Zoning Ordinance prohibits offsite delivery services
for all medical marijuana dispensaries.
Proposed Text Amendment
As shown in Exhibit A, this proposed Text Amendment will amend the Fountian Hills Zoning
Ordinance as follows:
A. Modify Section 24.03(B) to allow medical marijuana dispensaries to operate from
7:00 a.m. to 9:00 p.m.
B. Remove the prohibition of delivery services for medical marijuana dispensaries in
Section 14.03(C)(4).
The proposed Text Amendment does not change the zoning requirements or limitations on uses
that currently apply to medical marijuana dispensaries. If the Text Amendment is approved, with
the exception of modifying hours and allowing delivery services, all other limitations on medical
marijuana dispensaries outlined in Chapter 24 of the Fountain Hills Zoning Ordinance will
continue to apply.
Justification
As described in more detail below, this proposed Text Amendment to modify hours and allow
delivery service will help meet the sustained increase in demand for marijuana products, increase
local sales tax revenue, and allow Fountian Hills and its dispensaries to better compete with
neighboring jurisdictions. The intent of this Text Amendment is to increase access to and
revenue from local marijuana businesses while respecting the conservative character of Fountain
Hills.
1. Increase in Sales Tax
Allowing medical marijuana dispensaries to operate for longer hours and offer delivery
options in the Town will generate additional sales tax revenue for the Town. Fountain
Hills has a local sales tax of approximately 2.9%. The revenue from this local tax is not
shared with the State of Arizona. This Text Amendment will allow for additional sales of
marijuana products in the Town and, consequently, additional sales tax revenue for the
Town.
This is highly important to the economic development of the Town because the Town
does not currently have a primary property tax. Thus, sales tax revenue is essential to
Fountain Hills’ economic prosperity.
It is also worth noting that residents of Fountian Hills are currently allowed to accept the
delivery of marijuana products from dispensaries outside the jurisdiction. Nearby
jurisdictions that permit delivery include Scottsdale, Phoenix, Mesa, Chandler, and
Payson. The city or town where the delivering dispensary is located receives the tax
revenue for each delivery. In other words, marijuana products can already be delivered to
residents of Fountain Hills, but the Town is losing the sales tax revenue. If the proposed
Text Amendment is approved, the tax revenue generated by additional sales and delivery
of marijuana products, both within and outside of the Town, can remain in Fountain
Hills.
2. Increase in Demand
According to AZDHS records, in 2011—the first year of the Arizona Medical Marijuana
Program—just over 16,000 medical marijuana registration cards were issued to
qualifying patients throughout the State. Since 2011, there has been a significant increase
in the issuance of medical marijuana registration cards, patients, and demand for medical
marijuana. In fact, there are over 123,000 medical marijuana cardholders today and the
State has had as many as 300,000 at one time. Furthermore, on November 3, 2020,
Arizona voters approved the “Smart and Safe Arizona Act” legalizing recreational
marijuana use for adults, which has further increased demand for marijuana products.
The proposed Text Amendment is needed to help meet this tremendous, sustained
increase in demand. Fountain Hills’ restrictive hours and prohibition on delivery services
have ceded sales to neighboring jurisdictions. Approving this Text Amendment will
better address the increased demand while boosting economic activity in the Town.
3. Increase in Competitive Advantage
a. Delivery Services
The Town of Fountain Hills does not currently allow its dispensaries to offer delivery
services, but there are several nearby jurisdictions that do. These jurisdictions include
Scottsdale, Phoenix, Mesa, Chandler, Payson, and Maricopa County. Scottsdale is
directly adjacent to the Town of Fountain Hills, and Phoenix and Mesa are a short drive
away. Consequently, the dispensaries in these jurisdictions have a competitive advantage
over dispensaries in the Town.
As described in Section 1 above, Fountain Hills cannot preclude its residents from
accepting deliveries from other jurisdictions. In other words, marijuana products can
already be delivered in Fountain Hills, but other jurisdictions are seeing the benefits.
Approving this Text Amendment would grant a competitive advantage to the Town’s
businesses. It would also make Fountain Hills a more competitive municipality by
redirecting tax revenue to the Town from nearby jurisdictions.
b. Hours of Operation
The Town of Fountain Hills currently restricts hours of operation to 9:00 a.m. to 7:00
p.m. This Text Amendment proposes hours of operation from 7:00 a.m. to 9:00 p.m. to be
more consistent with all other jurisdictions in the Valley which allow for longer operating
hours. The overly restrictive nature of Fountain Hills’ Zoning Ordinance is apparent
when compared against nearby jurisdictions. See Table A below.
Table A: Marijuana Facility Operating Hours in Nearby Jurisdictions
Jurisdiction Hours of Operation Relevant Citation
Fountain Hills 9 am – 7pm (10 hrs) Section 24.03(B)
Scottsdale 6 am – 10 pm (16 hrs) Sections 1.403(M)(1)(h) &
1.403(M)(2)(h)
Chandler 7 am – 10 pm (15 hrs) Section 35-2213(2)(B)(5)(F)
Phoenix 8 am – 10pm (14 hrs) Sections 627(D)(92)(g) &
623(D)(124)(i)
Tempe 8 am – 10 pm (14 hrs) Section 3-426(C)(5)
Mesa 8 am – 9 pm (13 hrs) Section 11-31-34(B)(4)
Payson 8 am – 9 pm (13 hrs) Section 154-15-003
Because of these hour restrictions, Fountain Hills’ dispensaries are losing sales to
dispensaries in other jurisdictions. An adjustment to the permitted operating hours will
bring these sales back into Fountain Hills, promoting the Town’s businesses and the
Town itself.
Allowing dispensaries to open at 7:00 a.m. will not be disruptive to the Town. Many
marijuana patients and customers are early risers who prefer to visit dispensaries in the
morning, before working hours. Approving this amendment would simply allow those
customers to shop closer to home.
Similarly, customers who prefer to shop later cannot access marijuana products in the
Town after 7:00 p.m. but can shop in other jurisdictions until 10:00 p.m. The proposed
Text Amendment does not allow Fountain Hills dispensaries to stay open until 10:00
p.m., but rather proposes hours until 9:00 p.m. This will make the Town’s dispensaries
accessible to late-night shoppers while respecting the quiet and conservative character of
Fountain Hills.
Rules that Remain Unaffected by the Proposed Text Amendment
As previously noted, this Text Amendment will not change the zoning requirements or
limitations on uses that currently apply to marijuana dispensaries in Fountain Hills, except for
modifying hours and allowing delivery services. All other regulations, requirements, and
limitations of uses that currently apply to dispensaries will continue to apply, including:
Marijuana dispensaries are only permitted in the C-3 zoning district;
Marijuana dispensaries must be separated from other sensitive uses as shown below:
Separation Requirements for Marijuana Dispensaries
From another medical marijuana
dispensary or cultivation facility
Not less than 2,000 feet
From a residential substance abuse
treatment facility or rehabilitation facility
Not less than 2,000 feet
From a childcare center, pre-school,
public/charter or private school, or other
entertainment facility for children
Not less than 2,000 feet
From a park or public library Not less than 1,000 feet
From a church or place of worship Not less than 500 feet
The manufacture and testing of marijuana is prohibited;
Drive-through services and sales are prohibited;
Consumption of marijuana on the dispensary premises is prohibited;
Licensed and duly bonded security guards must be present at main entrances and exits
during all hours of operation;
The Town Manager may require dispensaries to provide a neighborhood security guard
patrol for a five-hundred-foot radius surrounding the property during operating hours;
Outdoor seating is prohibited, and dispensaries must have adequate indoor seating to
prevent outside loitering;
Lighting requirements that specify illumination during evening hours, fixture type, and
location must be met; and
Dispensaries must allow unrestricted access by Town code enforcement officers and
Maricopa County Sheriff’s Department Deputies.
In addition to these requirements, medical marijuana dispensaries must comply with all AZDHS
regulations regarding licensing, security, and delivery protocols. These requirements will ensure
that the Town’s dispensaries will continue to be compatible with, and will operate without
adverse impact on, surrounding properties in Fountain Hills.
Conclusion
Since the Arizona Medical Marijuana Program began, there has been a significant increase in the
issuance of medical marijuana registration cards, patients, and demand for medical marijuana.
Additionally, on November 3, 2020, Arizona voters approved the “Smart and Safe Arizona Act”
legalizing recreational marijuana use for adults, which further increased demand for marijuana
products.
The Town of Fountain Hills is currently underserved, causing residents to either travel long
distances or seek delivery services from other jurisdictions. Because of this, the Town is missing
out on an abundance of sales tax revenue that could be generated by local dispensaries.
The proposed Text Amendment will make reasonable changes to the Fountain Hills Zoning
Ordinance that will help the Town’s medical marijuana dispensaries meet the sustained increase
in demand for marijuana products; will increase local sales tax revenue in Fountain Hills; and
will allow for existing and future dispensaries to better compete with dispensaries in nearby
jurisdictions.
EXHIBIT A
Proposed Text Amendment
Proposed Text Amendment
Changes are proposed to the Fountain Hills Zoning Ordinance as follows (additions in ALL
CAPS, UNDERLINED AND BOLDED; deletions in strikeout):
CHAPTER 24 – MEDICAL MARIJUANA USES
Section 24.03 – Requirements
B. A medical marijuana dispensary shall have operating hours not earlier than 9:00 a.m. 7:00
A.M. and not later than 7:00 p.m. 9:00 P.M.
C. A medical marijuana dispensary or medical marijuana cultivation location shall:
1. Be located in a permanent building and may not be located in a trailer, cargo
container, mobile or modular unit, mobile home, recreational vehicle or other mobile
vehicle.
2. Not have drive-through service.
3. Not emit dust, fumes, vapors or odors into the environment.
4. Not provide offsite delivery of medical marijuana.
4. 5. Prohibit consumption of marijuana on the premises.
5. 6. Not have outdoor seating areas, but shall have adequate indoor seating to prevent
outside loitering.
6. 7. Display a current Town of Fountain Hills business license and a State of Arizona
tax identification number.
7. 8. Install lighting to illuminate the exterior and interior of the building and all
entrances and exits to the facility. Exterior lighting shall be five foot candles, measured at
ground level, and shall remain on during all hours between sunset and sunrise each day.
Twenty-four (24) hours each day, the medical marijuana dispensary or medical marijuana
cultivation location shall illuminate the entire interior of the building, with particular
emphasis on the locations of any counter, safe, storage area and any location where
people are prone to congregate. The lighting must be of sufficient brightness to ensure
that the interior is readily visible from the exterior of the building from a distance of one
hundred (100) feet.
8. 9. Provide security guards at the main entrances and exits during all hours of
operation. For the purposes of this Chapter, “security guard” shall mean licensed and
duly bonded security personnel registered pursuant to ARIZ. REV. STAT. § 32-2601 et
seq. Prior to opening for business, the medical marijuana dispensary or medical
marijuana cultivation location shall provide all property owners within a 500 foot radius
of the medical marijuana dispensary or medical marijuana cultivation location with
written notification via first class U.S. Mail of the security company responsible for
providing its security services.
9. 10. If determined necessary by the Town Manager at any time, medical marijuana
dispensaries or medical marijuana cultivation locations shall provide a neighborhood
security guard patrol for a five-hundred-foot radius surrounding the medical marijuana
dispensary during all or specified hours of operation.
10. 11. Have an exterior appearance compatible with commercial structures already
constructed or under construction within the immediate neighborhood to insure against
blight, deterioration, or substantial diminishment or impairment of property values in the
vicinity.
11. 12. Allow unrestricted access by Town code enforcement officers, Maricopa County
Sheriff’s Department Deputies or other agents or employees of the Town requesting
admission for the purpose of determining compliance with these standards.
12. 13. Not display signs, or any other advertising matter used in connection with the
medical marijuana dispensary or medical marijuana cultivation of any offensive nature
and such signs shall in no way be contrary to the Town code, or obstruct the view of the
interior of the premises viewed from the outside.
13. 14. Comply with all other applicable property development and design standards of
the Town of Fountain Hills.
ITEM 6.
TOWN OF FOUNTAIN HILLS
STAFF REPORT
Meeting Date: 01/08/2024 Meeting Type: Planning and Zoning Commission
Agenda Type: Submitting Department: Development Services
Prepared by: John Wesley, Development Services Director
Staff Contact Information: John Wesley, Development Services Director
Request to Planning and Zoning Commission (Agenda Language): REVIEW, DISCUSS AND
PROVIDE DIRECTION: Town ordinances, procedures, and policies regarding wireless services,
broadband services, and underground utilities.
Staff Summary (Background)
Beginning in early 2022 Town staff and the Town Council began receiving comments and concerns
about the installation of 5G small cell wireless facilities. The initial comments made at Town Council
meetings in June 2022 centered on the need to adopt a restrictive 5G small cell ordinance to protect the
community. There were concerns expressed about radiation exposure and having these types of
antennas in many residential yards throughout the community.
In addition to the public comments being made, staff met with concerned citizens who provided staff
with background information and suggestions for possible ordinance modifications to address the
location, approval, and ongoing regulation of wireless communication towers and antenna. Specific
talking points presented to the Town staff included concerns about fire, providing for a hierarchy of
sites, spacing, insurance, a clear administrative review process, and having sufficient, trained staff to
address this type of facility.
At a Council meeting in May 2023, citizens again spoke regarding 5G small cell sites and expressed
concerns about health consequences of exposure and also brought up the need to underground
communication facilities. At the November 2023 Council meeting, the emphasis of citizens was to
develop a broadband ordinance that requires all utilities to be underground and emphasized this was
not about cellular service.
At the urging of the concerned citizens, in May 2023, the Council contracted with a consultant
recommended by the citizens to draft a revised ordinance to address the concerns that had been
raised. The consultant was retained and prepared an ordinance for consideration by the Town.
Following review of the proposed ordinance by staff, and through discussions with the Town Council, it
was determined that the ordinance provided would not meet the needs of the Town as drafted. Rather
than continue to utilize the consultant, the Council directed staff to work with the Planning and Zoning
Commission to review current ordinances and requirements for possible amendment and draw upon
the work of the consultant as appropriate.
the work of the consultant as appropriate.
In order to draft an ordinance to meet the needs of the Town, staff needs a clear understanding of the
concerns to be addressed and where our current ordinances and regulations fall short. The purpose of
this agenda item is to provide the Commission with the background information needed to understand
the topic and for the public and Commission to discuss what types of changes are needed. With that
background, the Commission can then direct staff on the items to address through any revisions.
Overview of Communication Services
The discussion of this topic will include both telephone service and transmitting and receiving data. In
order to understand and develop regulations for this activity, it is helpful to have some background
knowledge of how the systems work. There are many articles on the Internet that provide detailed
explanations. An attached document lists a few of the sources staff found helpful on this topic. While
there are some minor differences based on whether a person is placing a call or sending/receiving data,
the process is essentially the same. Briefly stated, the process is as follows:
Cell towers and cell phones send out signals to be in contact with one another, prepared for a call
or a data transmission.
When making a call or requesting data from a cell phone, the phone sends out an electromagnetic
wave, RF wave, to the nearest tower.
That receiving tower then either sends the message to a data center or mobile switching center,
either by a direct cable connection or by a microwave to a receiving tower that is connected to
cables.
The mobile switching center determines where to send the call to connect to the receiving phone.
As a person moves, the tower will send out a signal that it is time to switch to a new tower and
the phone will seamlessly search for and switch to the new tower.
The system works in reverse to receive a call or data. The antenna turn the electronic signals into
electromagnetic waves and send them out to the receiving cell phone.
For cable connections, the process is essentially the same, just without the tower and antenna as
part of the process.
The terms cell tower, cell service, and cell phones come from the way wireless communication services
work. The communication is set out from an antenna to a receiving device. Each antenna, based on
several factors, has a range where its service can reach. The area served by a tower is its "cell" in the
entire network.
Current Ordinance and Requirements
To move forward to address identified concerns, it is helpful to understand the regulatory structure
currently in place.
Federal
The rules and regulations established by the Federal government regarding mobile communication are
detailed and challenging to follow. The Telecommunications Act of 1996 (TCA) is the starting place for
these regulations. The TCA was enacted to help improve competition, remove regulatory barriers, and
encourage rapid deployment of new technologies. Rules for implementation of the TCA are contained
in Section 47 U.S.C. 332 and the numerous court cases have further defined what is and is not legal
regarding this industry. A few key factors that must be kept in mind as the Town considers possible
regulations include:
The Federal government has determined there are no negative health impacts associated with the
deployment of antennas for wireless communications and local jurisdictions are prohibited from
basing regulations or decision on issues related to potential health impacts.
The established rules set time limits, often referred to as "shot clocks", on how long a local
jurisdiction has to review an application for a wireless communication tower. If the jurisdiction
has not taken action within the established time limits, the request is automatically approved.
The established rules define what level of modifications can be made to an existing tower and not
trigger any review by the local jurisdiction.
State
In 2017, the Arizona legislature approved HB 23665 which established rules for "Use of Public Highways
and Private Property by Wireless Providers." A few key features of this legislation (ARS 9-591 to 9-600)
include:
May not require the placement of small wireless facilities on any specific utility pole or category of
poles or require multiple antenna systems on a single utility pole or limit the placement of small
wireless facilities by minimum separation distances (SRS 9-592 F 4 & 5).
Small wireless facilities (antenna less than 6 cubic feet in volume, equipment less than 28 cubic
feet in volume) are allowed in the public right of way and not subject to zoning restrictions if less
than 40' or 50' in height, depending on the situation (ARS 9-592 I & J).
May require an application for a new, replacement or modified tower, but shall approve unless
the pole fails to comply with a narrow set of criteria (ARS 9-592 K).
If not approved or denied within time frames established by law, deemed approved (ARS9-592 L).
Regarding co-location of a small wireless facility that does not require zoning approval:
An authority (the Town) shall provide a completeness review of an application within 20
days and complete review of an application within 75 days (ARS 9-593 F 2 & 3).
An authority may not "Institute, either expressly or de facto, a moratorium on filing,
receiving or processing applications or issuing permits or other approvals, if any, for the
collocation of a small wireless facility" (ARS 9-593 G 3).
Regarding small wireless facilities that are subject to zoning approval:
An authority shall provide a completeness review of an application within 30 days and
complete review of an application within 150 days (ARS 9-594 C 2 & 3).
An authority may not:
Require an applicant to submit information about the applicant's business decisions
regarding the need for the monopole, utility pole or wireless facilities.
Require an applicant to submit information about, or evaluate an applicant's
business decisions regarding, the applicant's service, customer demand for service or
quality of service.
Institute, either expressly or de facto, a moratorium on filing, receiving or processing
applications or issuing decisions for modifications or installations that are not a
permitted use. (ARS 9-594 D).
An authority may:
Adopt reasonable requirements regarding the appearance and concealment of
facilities, including those relating to materials used for arranging, screening or
landscaping.
Adopt setback or fall zone requirements that are substantially similar to setback or
fall zone requirements that are imposed on other types of commercial structures of
a similar height.
An authority does not have any jurisdiction or authority over the design, engineering,
construction, installation or operation of any small wireless facility located in an interior structure
or on the site of any campus, stadium or athletic facility that is not owned or controlled by the
authority, other than to require compliance with applicable codes (ARS9-596 B).
Town
Small cell facilities in the right-of-way.
After the state legislature approved HB 2365, the Town of Fountain Hills developed local ordinances to
govern the placement of small wireless facilities in the Town's rights-of-way. Article 16-2, Small Wireless
Facilities, provides the basic structure and process for the installation of small wireless facilities in the
Town's rights-of-way. In addition to this ordinance, the Town adopted Resolution 2018-18 which
established a Wireless Facilities Lease Agreement, Wireless Facilities Standard Terms and Conditions for
Locating Wireless Facilities in the Town's Rights-of-Way, and the 2018 Town of Fountain Hills Wireless
Facilities in the Right-of-Way Design Standards and Guidelines. In addition to these, as stated in Town
Code Section 16-2-3, an encroachment permit is also required for the installation of small wireless
facilities in the Town's right-of-way. The application process with the required documents is available
on the Town's online permitting system. No applications for small cell wireless facilities in the
right-of-way have been filed in the five years these regulations have been in place. A few key features
of the Terms and Conditions and the Design Guidelines are:
The Terms and Conditions are separate from and still require meeting all building code and zoning
requirements.
Required plans are to be provided in three steps and include conceptual drawings showing
features that significantly affect the appearance, preliminary plans showing all elements
necessary prior to preparation of construction documents, and final plans which provide final
documents and engineering plans and specifications for building permits.
Town and Wireless Provider shall endeavor to resolve design and construction issues to their
mutual satisfaction but, in the event of an impasse for any reason or however arising, in light of
Town's ownership and other uses of the Use Areas, and as a condition of Town's entering into a
License Agreement or issuing an Encroachment Permit, final decision authority regarding all
design and construction issues shall rest with Town.
Town shall be entitled to inspect all construction, reconstruction or installation work and to make
such tests as it deems necessary to ensure compliance with the terms herein and any applicable
laws and regulations.
All improvements shall comply with the Town's design requirements including those set forth in
the Design Standards for Small Wireless Facilities in the Right-of-Way.
Design guidelines provide standards for facilities on traffic signals, on existing utility poles, and
new structures.
Small wireless facilities shall be designed to blend in with the surrounding streetscape with
minimal to any visual impact.
For new structures, must use faux cactus structure.
All other wireless telecommunication towers and antennas.
The Town's regulations for all other wireless communication facilities and antenna are contained in
Chapter 17 of the Zoning Ordinance. The chapter addresses all types of telecommunication facilities
and antennas, including those for personal wireless communication, antennas for utility company
facilities, amateur radio antennas, etc. These regulations include any wireless communication towers
that do not meet the definition of being a small cell facility in the right-of-way.
Key components of these current regulations include:
All new towers must meet the requirements of this chapter, except: amateur radio station
operators/receive only antennas, pre-existing towers or antennas, and AM array.
Each applicant for a new antenna must provide an inventory of its sites.
Towers and antenna must be in compliance with FAA, FCC, and building code requirements.
Towers on Town property and designed as alternative structures are considered permitted uses if
not within 300' of residential zoned and platted property. If on Town property and within 300' of
residential property, must receive Council approval. Towers that do not meet these requirements
must receive approval of a Special Use Permit.
Must demonstrate there are no existing suitable towers.
Provides minimum requirements for setback and separation between towers.
Underground utility requirements.
One of the suggestions made by the public was that the Town should adopt an ordinance requiring all
utilities to be placed underground. Town Codes currently have the following regulations:
Subdivision Ordinance Section 4.04 M. Underground Utilities. Electric lines and communication
lines shall be constructed underground, except for transmission lines capable of carrying 69kv or
more voltage. Town Ordinance also requires cable TV to utilize a common trench for under
grounding their facilities in new developments and the subdivider must provide backfill under the
same conditions as are extended to other trench users, e.g. electric, telephone and
communications.
Town Code Section 7-5-2:
After the effective date of this code, no new utility poles and wires shall be erected in the
Town above the surface of the ground unless a permit is first secured therefore from the
Town manager or his designee; except that the following construction may be installed
without such a permit:
A. Temporary service facilities, such as facilities to furnish emergency service during an
outage, facilities to provide service to construction sites, or other service of a limited
duration, such as to a fair, carnival, outdoor exhibit or other function where the facilities
will be installed for a temporary period only.
B. Pad-mounted transformers or pull boxes, service terminals, pedestal-type telephone
terminals, telephone splice closures, or similar on-the-ground facilities normally used with
and as a part of an underground electric distribution, telephone, telegraph or television
system, or on-the-ground facilities attached to existing overhead facilities which are used
for the purpose of connecting an underground system with the existing facilities.
C. Transmission lines and distribution feeder lines, together with related switch yards,
substations and related equipment. Service drops from existing overhead lines to new
single-family residential customers, except when underground service is required by the
Town’s subdivision regulations.
Current System and Processes
Attached to this report is a map which shows all the current towers in Fountain Hills and the established
underground cable network.
Since the adoption of the Small Cell ordinance in 2018, the Town has not received any applications for
the installation of small cell towers in the right-of-way or to utilize any existing utility poles for small cell
service.
The most recent request for a new cell tower was for the faux cactus tower on the Toll Brothers tract in
the middle of Eagle Ridge Drive leading into Adero Canyon. The location and design of this tower was
approved by Council through a Special Use Permit as required by code.
The Town regularly receives requests to modify existing towers and antennas. These are routinely
approved administratively if they are consistent with previous approvals and ordinance requirements.
Federal rules place shot clocks on the time allowed to approve modifications and defines what is
considered a substantial change to an existing support structure (e.g. more than a 10% increase in
height up to 20').
Related Ordinance, Policy or Guiding Principle
Zoning Ordinance Chapter 17, Wireless Telecommunication Towers and Antennas
Town Code Article 16-2, Small Wireless Facilities
Risk Analysis
N/A
Recommendation(s) by Board(s) or Commission(s)
N/A
Staff Recommendation(s)
No recommendations are being made at this time. Staff is looking for direction from the Planning and
Zoning Commission on what modifications, should be brought back for Commission consideration.
SUGGESTED MOTION
This is not an action item, no formal motion will be made at this time.
Attachments
Zoning Ordinance Chapter 17
Town Code Article 16-2 Small Cell Wireless
Resolution 2018-18
Wireless Facilities Review Flow Charts
Existing Wireless Facilities and Fiber Map
FCC Broadband
Background Information
Chapter 17
Wireless Telecommunications Towers and Antennas
Section 17.01 Purpose
The purpose of this ordinance is to establish general guidelines for the siting of wireless communications towers
and antennas. The goals of this ordinance are to: (1) protect residential areas and land uses from potential
adverse impacts of towers and antennas; (2) encourage the location of towers in nonresidential areas; (3) minimize
the total number of towers throughout the community; (4) strongly encourage the joint use of new and existing
tower sites as a primary option rather than construction of additional single-use towers; (5) encourage users of
towers and antennas to locate them, to the extent possible, in areas where the adverse impact on the community
is minimal; (6) encourage users of towers and antennas to configure them in a way that minimizes the adverse
visual impact of the towers and antennas through careful design, siting, landscape screening, and innovative
camouflaging techniques; (7) enhance the ability of the providers of telecommunications services to provide such
services to the community quickly, effectively, and efficiently; (8) consider the public health and safety of
communication towers; and (9) avoid potential damage to adjacent properties from tower failure through
engineering and careful siting of tower structures. In furtherance of these goals, Town of Fountain Hills shall give
due consideration to the Town of Fountain Hills General Plan, the Town of Fountain Hills Zoning Ordinance,
existing land uses, and environmentally sensitive areas in approving sites for the location of towers and antennas.
Section 17.02 Definitions
As used in this ordinance, the following terms shall have the meanings set forth below:
Alternative Tower Structure: means man-made trees, clock towers, bell steeples, light poles and similar alternative-
design mounting structures that camouflage or conceal the presence of antennas or towers.
Antenna: means any exterior transmitting or receiving device mounted on a tower, building or structure and used
in communications that radiates or captures electromagnetic waves, digital signals, analog signals, radio
frequencies (excluding radar signals), wireless telecommunications signals or other communication signals.
Backhaul network: means the lines that connect a provider's towers/cell sites to one or more cellular telephone
switching offices, and/or long distance providers, or the public switched telephone network.
Existing Structure: means light poles, power poles, chimneys, billboards, and other similar structures, which are
placed, within the Town at the time of adoption of this Chapter, except existing buildings.
FAA: means the Federal Aviation Administration.
Chapter 17 Wireless Telecommunications Towers and Antennas | Fountain Hills Zoning Ordinance Page 1 of 12
The Fountain Hills Zoning Ordinance is current through Ordinance 23-06, and legislation passed through September 19,
2023.
FCC: means the Federal Communications Commission.
Height: means, when referring to a tower or other structure, the vertical distance measured from the natural
grade level to the highest point of the structure directly above the natural grade when such structure is not
located in a platted subdivision. If the structure is located in a platted subdivision, the height shall be the vertical
distance measured from the finished grade as shown on the subdivision grading plans or finished grade as shown
on the individual lot's grading plans, (whichever is lower), to the highest point of the structure directly above the
finished grade. In the event that terrain problems prevent an accurate determination of height, the Zoning
Administrator shall rule as to height and appeal from that decision shall be to the Board of Adjustment.
Pre-existing towers and preexisting antennas: means any tower or antenna for which a building permit has been
properly issued prior to the effective date of this ordinance, including permitted towers or antennas that have not
yet been constructed so long as such approval is current and not expired.
Tower: means any structure that is designed and constructed primarily for the purpose of supporting one or more
antennas for telephone, radio and similar communication purposes, including self-supporting lattice towers,
guyed towers, or monopole towers. The term includes radio and television transmission towers, microwave
towers, common-carrier towers, cellular telephone towers, alternative tower structures, and the like. The term also
includes the structure and any support thereto.
Section 17.03 Applicability
A. New Towers and Antennas: All new towers or antennas in Town of Fountain Hills shall be subject to these
regulations.
B. Exceptions:
1. Amateur Radio Station Operators/Receive Only Antennas. This ordinance shall not govern any tower, or the
installation of any antenna, that is under the maximum building height of the zoning district in which such
structure is located and which is owned and operated by a federally-licensed amateur radio station operator
or is used exclusively for receive only operations.
2. Preexisting Towers or Antennas. Legally established preexisting towers and preexisting antennas shall not
be required to meet the requirements of this ordinance, other than the requirements of Sections 17.04(F) &
(G).
3. AM Array. For purposes of implementing this ordinance, an AM array, consisting of one or more tower
units and supporting ground system which functions as one AM broadcasting antenna, shall be considered
one tower. Measurements for setbacks and separation distances shall be measured from the outer perimeter
of the towers included in the AM array. Additional tower units may be added within the perimeter of the AM
array by right.
Chapter 17 Wireless Telecommunications Towers and Antennas | Fountain Hills Zoning Ordinance Page 2 of 12
The Fountain Hills Zoning Ordinance is current through Ordinance 23-06, and legislation passed through September 19,
2023.
Section 17.04 General Requirements
A. Principal or Accessory Use: Antennas and towers may be considered either principal or accessory uses. A
different existing use of an existing structure on the same lot shall not preclude the installation of an antenna or
tower on such lot.
B. Lot Size: For purposes of determining whether the installation of a tower or antenna complies with district
development regulations, including but not limited to setback requirements, lot-coverage requirements, and other
such requirements, the dimensions of the entire lot shall control, even though the antennas or towers may be
located on leased parcels within such lot.
C. Inventory of Existing Sites: Each applicant for an antenna and/or tower shall provide to the Community
Development Director an inventory of its existing towers, antennas, or sites approved for towers or antennas, that
are either within the jurisdiction of the Town of Fountain Hills or within one mile of the border thereof, including
specific information about the location, height, and design of each tower. Each applicant shall also provide a one-
year build-out plan for all other wireless communications facilities within the Town. The Community Development
Director may share such information with other applicants applying for administrative approvals or special use
permits under this ordinance or with other organizations seeking to locate antennas within the jurisdiction of
Town of Fountain Hills, provided, however that the Community Development Director is not, by sharing such
information, in any way representing or warranting that such sites are available or suitable.
D. Aesthetics: Towers and antennas shall meet the following requirements:
1. Towers shall, subject to any applicable standards of the FAA, be painted a neutral color so as to reduce
visual obtrusiveness.
2. At a tower site, the design of the buildings and related structures shall, to the extent possible, use
materials; colors, textures, screening, and landscaping that will blend them into the natural setting and
surrounding buildings.
3. If an antenna is installed on a structure other than a tower, the antenna and supporting electrical and
mechanical equipment must be of a neutral color that is identical to, or closely compatible with, the color of
the supporting structure so as to make the antenna and related equipment as visually unobtrusive as
possible.
E. Lighting: Towers shall not be artificially lighted, unless required by the FAA or other applicable authority. If
lighting is required, the lighting alternatives and design chosen must cause the least disturbance to the
surrounding views.
F. State or Federal Requirements: All towers must meet or exceed current standards and regulations of the FAA,
the FCC, and any other agency of the state or federal government with the authority to regulate towers and
antennas. If such standards and regulations are changed, then the owners of the towers and antennas governed
by this chapter shall bring such towers and antennas into compliance with such revised standards and regulations
within six (6) months of the effective date of such standards and regulations, unless a different compliance
schedule is mandated by the controlling state or federal agency. Failure to bring towers and antennas into
Chapter 17 Wireless Telecommunications Towers and Antennas | Fountain Hills Zoning Ordinance Page 3 of 12
The Fountain Hills Zoning Ordinance is current through Ordinance 23-06, and legislation passed through September 19,
2023.
compliance with such revised standards and regulations shall constitute grounds for the removal of the tower or
antenna at the owner's expense.
G. Building Codes; Safety Standards: To ensure the structural integrity of towers, the owner of a tower shall
ensure that it is maintained in compliance with standards contained in applicable state or local building codes and
the applicable standards for towers that are published by the Electronic Industries Association, as amended from
time to time. If, upon inspection, the Town of Fountain Hills concludes that a tower fails to comply with such codes
and standards and constitutes a danger to persons or property, then upon notice being provided to the owner of
the tower, the owner shall have thirty (30) days to bring such tower into compliance with such standards. Failure to
bring such tower into compliance within said thirty (30) days shall constitute grounds for the removal of the tower
or antenna at the owner's expense.
H. Measurement: For purposes of measurement, tower setbacks and separation distances shall be calculated
and applied to facilities located in the Town of Fountain Hills irrespective of municipal and county jurisdictional
boundaries.
I. Not Essential Services: Towers and antennas shall be regulated and permitted pursuant to this chapter and
shall not be regulated or permitted as essential services, public utilities, or private utilities.
J. Franchises: Owners and/or operators of towers or antennas shall certify that all franchises required by law for
the construction and/or operation of a wireless communication system in the Town of Fountain Hills have been
obtained and shall file a copy of all required franchises with the Community Development Director.
K. Public Notice: For purposes of this chapter, any special use request shall require public notice pursuant to
Section 2.02(C) of this Zoning Ordinance except that the notice required shall include posting of the property, and
mailing to all property owners within 300 feet of the proposed use, and publication in a newspaper of general
circulation regardless of any expression to the contrary in Section 2.02.
L. Signs: No signs shall be allowed on an antenna or tower.
M. Buildings and Support Equipment: Buildings and support equipment associated with antennas or towers shall
comply with the requirements of Section 17.08.
N. Co-location and Multiple Antenna/Tower Plan: The Town of Fountain Hills encourages tower and antenna
users to submit a single application for approval of multiple towers and/or antenna sites and to submit
applications, which utilize co-location with an existing wireless telecommunications provider. Applications for
approval of multiple sites or for co-location with an existing provider shall be given priority in the review process.
O. Security fencing: Towers shall be enclosed by security fencing not less than six (6) feet in height and no more
than eight (8) feet in height, shall be constructed of a block or masonry, and shall be equipped with an appropriate
anti-climbing device; provided however, that the Town Council may waive such requirements, as it deems
appropriate.
Chapter 17 Wireless Telecommunications Towers and Antennas | Fountain Hills Zoning Ordinance Page 4 of 12
The Fountain Hills Zoning Ordinance is current through Ordinance 23-06, and legislation passed through September 19,
2023.
P. Landscaping: The following requirements shall govern the landscaping surrounding towers; provided,
however, that the Town Council may waive such requirements if the goals of this chapter would be better served
thereby.
1. Tower facilities shall be landscaped with a buffer of plant materials that effectively screens the view of
the tower compound from residential property. The standard buffer shall consist of a landscaped strip at
least four (4) feet wide outside the perimeter of the compound.
2. In locations where the visual impact of the tower would be minimal, the landscaping requirement may
be reduced or waived.
3. Existing mature plant growth and natural landforms on the site shall be preserved to the maximum
extent possible.
Section 17.05 Permitted Uses
A. General: The uses listed in this Section are deemed to be permitted uses and shall not require administrative
approval or a special use permit.
B. Permitted Uses: The following uses are specifically permitted:
1. Antennas or towers located on property owned, leased, or otherwise controlled by the Town of Fountain
Hills provided a license or lease authorizing such antenna or tower has been approved by the Town of
Fountain Hills. No such license or lease shall be issued for a tower located within three hundred (300) feet of
any residentially zoned property until a public hearing has been held at a regular or special Town Council
meeting.
2. Alternative tower structures when such structures and their accompanying equipment are appropriately
blended into the surrounding terrain, are within the height limitations of the underlying zoning district and
are not nearer than three hundred (300) feet to residentially zoned and platted property.
Section 17.06 Special Use Permits
A. General: The following provisions shall govern the issuance of special use permits for towers or antennas by
the Town Council:
1. If the tower or antenna is not a permitted use under Section 17.05 of this chapter, then a special use
permit shall be required for the construction of a tower or the placement of an antenna in all zoning districts.
2. Applications for special use permits under this Section shall be subject to the procedures and
requirements of Chapter 2, Section 2.02, of this Zoning Ordinance, except as modified in this Section.
Chapter 17 Wireless Telecommunications Towers and Antennas | Fountain Hills Zoning Ordinance Page 5 of 12
The Fountain Hills Zoning Ordinance is current through Ordinance 23-06, and legislation passed through September 19,
2023.
3. In granting a special use permit, the Town Council may impose conditions to the extent such conditions
are necessary to minimize any adverse effect of the proposed tower on adjoining properties.
4. Any information of an engineering nature that the applicant submits, whether civil, mechanical, or
electrical, shall be certified by an Arizona Licensed Professional Engineer.
5. An applicant for a special use permit shall submit the information described in this section and a
nonrefundable fee established pursuant to Section 2.02(H) of this Zoning Ordinance.
6. A Special Use Permit issued under this Chapter shall be conditioned upon verification by the Town
Engineer or designee that such tower structure is structurally sound. Such verification shall be received by the
applicant prior to submission.
B. Towers:
1. Information required. In addition to any information required for applications for special use permits
pursuant to Chapter 2, Section 2.02 of this Zoning Ordinance, applicants for a special use permit for a tower
shall submit the following information:
a. A site Plan as required in Section 2.04 plus zoning, General Plan classification of the site and all
properties within the applicable separation distances set forth in Section 17.07(B), adjacent roadways,
proposed means of access, elevation drawings of the proposed tower and any other structures, and
other information deemed by the Development Services Director to be necessary to assess compliance
with this chapter.
b. The setback distance between the proposed tower and the nearest residential unit and residentially
zoned properties.
c. The separation distance from other towers described in the inventory of existing sites submitted
pursuant to Section 17.04(C) shall be shown on an updated site plan or map. The applicant shall also
identify the type of construction of the existing tower(s) and the owner/operator of the existing tower(s),
if known.
d. Method of fencing, and finished color and, if applicable, the method of camouflage and illumination.
e. A description of compliance with Sections 17.04(C), (D), (E), (F), (G), (J), (L), and (M), (N), (O) and (P),
17.07(A), 17.07(B) and all applicable federal, state or local laws.
f. A notarized statement by the applicant as to whether construction of the tower will accommodate
collocation of additional antennas for future users.
g. Identification of the entities providing the backhaul network for the tower(s) described in the
application and other cellular sites owned or operated by the applicant in the municipality.
Chapter 17 Wireless Telecommunications Towers and Antennas | Fountain Hills Zoning Ordinance Page 6 of 12
The Fountain Hills Zoning Ordinance is current through Ordinance 23-06, and legislation passed through September 19,
2023.
h. A description of the suitability of the use of existing towers, other structures or alternative
technology not requiring the use of towers or structures to provide the services to be provided through
the use of the proposed new tower.
i. A description of the feasible alternative location(s) of future towers or antennas within the Town of
Fountain Hills based upon existing physical, engineering, technological or geographical limitations in the
event the proposed tower is erected.
j. A statement of compliance with Federal Communications Commission (FCC) Radio Frequency (RF)
exposure standards.
2. Noise: No permit shall be issued for any facility, which generates a noise level greater than fifty decibels
(50 db) as measured at the edge of the property upon which such facility is sited.
3. Factors Considered in Granting Special Use Permits for Towers: In addition to any standards for
consideration of special use permit applications pursuant to Chapter 2, Section 2.02 of this Zoning Ordinance,
the Town Council shall consider the following factors in determining whether to issue a special use permit,
although the Town Council may waive or reduce the burden on the applicant of one or more of these criteria
if the Town Council concludes that the goals of this ordinance are better served thereby:
a. Height of the proposed tower;
b. Proximity of the tower to residential structures and residentially zoned district boundaries;
c. Nature of uses on adjacent and nearby properties;
d. Surrounding topography;
e. Surrounding tree coverage and foliage;
f. Design of the tower, with particular reference to design characteristics that have the effect of
reducing or eliminating visual obtrusiveness.
g. Proposed ingress and egress; and
h. Availability of suitable existing towers, other structures, or alternative technologies not requiring the
use of towers or structures, as discussed in Section 17.06(B)(4) of this chapter.
4. Availability of Suitable Existing Towers, Other Structures, or Alternative Technology: No new tower shall
be permitted unless the applicant demonstrates to the reasonable satisfaction of the Town Council that no
existing tower, structure or alternative technology that does not require the use of towers or structures can
accommodate the applicant's a proposed antenna. An applicant shall submit information requested by the
Town Council related to the availability of suitable existing towers, other structures or alternative technology.
Evidence submitted to demonstrate that no existing tower, structure or alternative technology can
accommodate the applicant's proposed antenna may consist of any of the following:
Chapter 17 Wireless Telecommunications Towers and Antennas | Fountain Hills Zoning Ordinance Page 7 of 12
The Fountain Hills Zoning Ordinance is current through Ordinance 23-06, and legislation passed through September 19,
2023.
a. No existing towers or structures are located within the geographic area, which meet applicant's
engineering requirements.
b. Existing towers or structures are not of sufficient height to meet applicant's engineering
requirements.
c. Existing towers or structures do not have sufficient structural strength to support applicant's
proposed antenna and related equipment.
d. The applicant's proposed antenna would cause electromagnetic interference with the antenna on
the existing towers or structures, or the antenna on the existing towers or structures would cause
interference with the applicant's proposed antenna.
e. The fees, costs, or contractual provisions required by the owner in order to share an existing tower
or structure or to adapt an existing tower or structure for sharing are unreasonable. Costs exceeding
new tower development are presumed to be unreasonable.
f. The applicant demonstrates that there are other limiting factors that render existing towers and
structures unsuitable.
g. The applicant demonstrates that an alternative technology that does not require the use of towers
or structures, such as a cable micro cell network using multiple low-powered transmitters/receivers
attached to a wire line system, is unsuitable. Costs of alternative technology that exceed new tower or
antenna development shall not be presumed to render the technology unsuitable.
Section 17.07 Minimum Setbacks and Separation
A. Setbacks: The following setback requirements shall apply to all towers; provided, however, that the Town
Council may reduce the standard setback requirements if the goals of this chapter would be better served
thereby:
1. Towers must be set back a distance equal to at least one hundred percent (100%) of the height of the
tower from any adjoining lot line. Provided, however, that separation distances from residential uses shall be
in accordance with Table 1 set forth below.
2. Accessory buildings must satisfy the minimum zoning district setback requirements.
B. Separation: The following separation requirements shall apply to all towers and antennas provided, however,
that the Town Council may reduce the standard separation requirements if the goals of this chapter would be
better served thereby.
1. Separation from off-site uses/designated areas.
Chapter 17 Wireless Telecommunications Towers and Antennas | Fountain Hills Zoning Ordinance Page 8 of 12
The Fountain Hills Zoning Ordinance is current through Ordinance 23-06, and legislation passed through September 19,
2023.
a. Tower separation shall be measured from the base of the tower to the lot line of the off-site uses
and/or designated areas as specified in Table 1, except as otherwise provided in Table 1.
b. Separation requirements for towers shall comply with the minimum standards established in Table
1.
Table 1. Separation Requirements from Offsite Uses/Areas
Off-site Use/Designated Area Separation Distance
Single-family or duplex residential units1 200 feet or 300% of tower height, whichever is greater
Vacant single-family or duplex residentially
zoned land which is either platted or has
preliminary plat approval which is not expired
200 feet or 300% of tower height, whichever is
greater2
Vacant unplatted residentially zoned lands3 100 feet or 100% of tower height, whichever is greater
Existing multifamily residential units greater
than duplex units
100 feet or 100% of tower height, whichever is greater
Nonresidentially zoned lands or nonresidential
uses
None, only setbacks apply
1 Includes modular homes and mobile homes used for living purposes.
2 Separation measured from base of tower to closest building setback line.
3 Includes any unplatted residential use properties without a valid preliminary subdivision plan or valid
development plan and any multifamily residentially zoned land greater than a duplex.
2. Separation distances between towers:
Separation distances between towers shall be applicable for and measured between the proposed tower and
preexisting towers. The separation distances shall be measured by drawing or following a straight line
between the base of the existing tower and the proposed base, pursuant to a site plan, of the proposed
tower. The separation distances (listed in linear feet) shall be as shown in Table number 2.
Table 2. Separation Distances between Towers
Monopole 65 ft. in
height or greater
Monopole less than 65
ft. in height but greater
than 40 ft. in height
Monopole less than
40 ft. in height
Monopole 65 ft. in height or
greater
2,000 feet 1,500 feet 1,000 feet
Monopole less than 65 ft. in height
but greater than 40 ft. in height
1,500 feet 1,500 feet 1,000 feet
Monopole less than 40 ft. in height 1,000 feet 1,000 feet 750 feet
Chapter 17 Wireless Telecommunications Towers and Antennas | Fountain Hills Zoning Ordinance Page 9 of 12
The Fountain Hills Zoning Ordinance is current through Ordinance 23-06, and legislation passed through September 19,
2023.
Section 17.08 Buildings or Other Equipment Storage
A. Antennas Mounted on Structures or Rooftops: The equipment cabinet or structure used in association with
antennas shall comply with the following:
1. The cabinet or structure shall not contain more than one hundred-twenty (120) square feet of gross floor
area or be more than eight (8) feet in height and shall be located on the ground.
2. Equipment storage buildings or cabinets shall comply with all applicable building codes.
B. Antennas Mounted on Utility Poles, Light Poles, or Towers: The equipment cabinet or structure used in
association with antennas shall be located in accordance with the following:
1. In residential districts, the equipment cabinet or structure may be located:
a. In a required front yard or required street side yard provided the cabinet structure is no greater
than three and one-half (3.5) feet in height or twenty (20) square feet of gross floor area and the
cabinet/structure is located a minimum of three (3) feet from all lot lines. The cabinet/structure shall be
screened by sight obscuring landscaping which obscures at least ninety-five percent (95%) of the
structure at planting and throughout the duration of the cabinet or structure’s existence with an ultimate
height not to exceed forty-two (42) inches.
b. In a required rear yard, provided the cabinet or structure is no greater than five (5) feet in height or
one hundred-twenty (120) square feet in gross floor area. The cabinet/structure shall be screened by
sight obscuring landscaping which obscures at least ninety-five percent (95%) of the structure at planting
and throughout the duration of the cabinet or structure’s existence with an ultimate height of six (6) feet.
c. The entry or access side of a cabinet or structure shall be gated by a solid, sight-obscuring gate that
is separate from the cabinet or structure.
2. In commercial or industrial districts the equipment cabinet or structure shall be no greater than fourteen
(14) feet in height or three hundred (300) square feet in gross floor area. The structure or cabinet shall be
screened by sight-obscuring landscaping with an ultimate height of sixteen (16) feet and a planted height of at
least six (6) feet. The entry or access side of a cabinet or structure shall be gated by a solid, sight-obscuring
gate that is separate from the cabinet or structure. Such access way shall not face residentially zoned
property.
C. Modification of Building Size Requirements: The requirements of Sections 17.08(A) through (C) may be
modified by the Town Council in the case of uses permitted by special use to encourage collocation.
Section 17.09 Co-Location
A. Good Faith: Applicants and permittees shall cooperate and exercise good faith in co-locating wireless
telecommunications facilities on the same support structures or site, if the Town so requests. Good faith shall
Chapter 17 Wireless Telecommunications Towers and Antennas | Fountain Hills Zoning Ordinance Page 10 of 12
The Fountain Hills Zoning Ordinance is current through Ordinance 23-06, and legislation passed through September 19,
2023.
include sharing technical information to evaluate the feasibility of co-location, and may include negotiations for
erection of a replacement support structure to accommodate co-location. A competitive conflict to co-location or
financial burden caused by sharing such information normally will not be considered as an excuse to the duty of
good faith.
B. Third Party Technical Review: In the event a dispute arises as to whether a permittee has exercised good faith
in accommodating other users, the Town may require the applicant to obtain a third party technical study at the
applicant’s expense. The Town may review any information submitted by the applicant and permittee(s) in
determining whether good faith has been exercised.
C. Exceptions: No co-location may be required where the shared use would or does result in significant
interference in the broadcast or reception capabilities of the existing wireless telecommunications facilities or
failure of the existing wireless telecommunications facilities to meet federal standards for emissions.
D. Violation; penalty: Failure to comply with co-location requirements when feasible may result in denial of a
permit request or revocation of an existing permit.
Section 17.10 Removal of Abandoned Antennas and Towers
Any antenna or tower that is not operated for a continuous period of ninety (90) days shall be considered
abandoned, and the owner of such antenna or tower shall remove the same within ninety (90) days of receipt of
notice from the Town of Fountain Hills notifying the owner of such abandonment. Failure to remove an
abandoned antenna or tower within said ninety (90) day period shall be grounds to remove the tower or antenna
at the owner's expense. If there are two or more users of a single tower, then this provision shall not become
effective until all users cease using the tower for the prescribed period.
Section 17.11 Nonconforming Uses
A. Not Expansion of Nonconforming Use: Towers that are constructed, and antennas that are installed, in
accordance with the provisions of this chapter shall not be deemed to constitute the expansion of a
nonconforming use or structure.
B. Pre-existing towers: Pre-existing towers shall be allowed to continue their usage as they presently exist.
Routine maintenance (including replacement with a new tower of like construction and height) shall be permitted
on such preexisting towers. New construction other than routine maintenance on a preexisting tower shall comply
with the requirements of this chapter.
C. Rebuilding Damaged or Destroyed Nonconforming Towers or Antennas: Notwithstanding other provisions of
this chapter, bona fide nonconforming towers or antennas that are damaged or destroyed may be rebuilt without
having to first obtain a special use permit and without having to meet the separation requirements specified in
Sections 17.07(A) and 17.07(B). The type, height, and location of the tower onsite shall be of the same type and
Chapter 17 Wireless Telecommunications Towers and Antennas | Fountain Hills Zoning Ordinance Page 11 of 12
The Fountain Hills Zoning Ordinance is current through Ordinance 23-06, and legislation passed through September 19,
2023.
The Fountain Hills Zoning Ordinance is current through Ordinance 23-06, and legislation passed through
September 19, 2023.
Disclaimer: The town clerk’s office has the official version of the Fountain Hills Zoning Ordinance. Users should
contact the town clerk’s office for ordinances passed subsequent to the ordinance cited above.
Town Website: www.fh.az.gov
Hosted by Code Publishing Company, A General Code Company.
intensity as the original facility approval; provided, however, that any destroyed lattice or guyed tower shall be
replaced with a monopole structure only. Building permits to rebuild the facility shall comply with the then
applicable building codes and shall be obtained within ninety (90) days from the date the facility is damaged or
destroyed. If no permit is obtained or if said permit expires, the tower or antenna shall be deemed abandoned as
specified in Section 17.10.
Chapter 17 Wireless Telecommunications Towers and Antennas | Fountain Hills Zoning Ordinance Page 12 of 12
The Fountain Hills Zoning Ordinance is current through Ordinance 23-06, and legislation passed through September 19,
2023.
16-2-1
16-2-2
16-2-3
16-2-4
Article 16-2
Small Wireless Facilities
Sections:
Purpose
Definitions
Small Wireless Facilities in the Public Right-of-Way
Rates and Fees
Section 16-2-1 Purpose
The intent and purpose of this article is to facilitate the development and installation of small wireless facilities in
the Town of Fountain Hills to supplement existing wireless communications networks and to increase capacity in
high demand areas, while simultaneously promoting and preserving the health, safety, and general welfare of the
residents of the Town and protecting and preserving the aesthetic qualities of the natural and built environment
of the Town. Through this article, the Town seeks to balance the need for increased wireless communications
capacity with the need for reasonable standards to preserve the aesthetic values of the Town and to ensure the
safe placement of small wireless facilities. (18-01, Added, 02/20/2018)
Section 16-2-2 Definitions
The definitions contained in A.R.S. § 9-591 are incorporated by this reference and shall apply to this article as if
fully set forth here. (18-01, Added, 02/20/2018)
Section 16-2-3 Small Wireless Facilities in the Public Right-of-Way
This section permits the installation of small wireless facilities in the right-of-way subject to the following
requirements:
A. No monopoles, utility poles associated with small wireless facilities, or small wireless facilities shall be
collocated, installed, modified, or replaced in the public right-of-way unless the following requirements are met:
1. The applicant participates in a pre-application conference with the Department of Development Services;
2. An Application is submitted to and approved by the Town pursuant to this section;
3. All Town requirements as set forth in this article are met;
Art. 16-2 Small Wireless Facilities | Fountain Hills Town Code Page 1 of 4
The Fountain Hills Town Code is current through Ordinance 23-13, and legislation passed through October 17, 2023.
4. All other applicable codes and requirements are met;
5. A Wireless Facility License Agreement is signed; and
6. A Wireless Facility Encroachment Permit issued.
B. The collocation, installation, modification, maintenance, and replacement of monopoles, utility poles
associated with small wireless facilities, or small wireless facilities in the public right-of-way shall be subject to and
comply with reasonable requirements, including the Wireless Facilities Standard Terms and Conditions, the Town’s
Design Standards and Guidelines, and any site-specific requirements developed based upon consultation with the
Town through the site review and permitting process.
C. The Development Services Department shall prescribe and provide a regular form of Application for use by
applicants for the collocation, installation, modification, maintenance, and replacement of monopoles, utility poles
associated with small wireless facilities, or small wireless facilities in the public right-of-way. The Application shall
include such information and details as the Department deems necessary to establish the exact location, nature,
dimensions, duration and purpose of the proposed monopoles, utility poles, or small wireless facilities in the
public right-of-way.
D. The Application shall be accompanied by maps, sketches, diagrams or similar exhibits. The accompanying
materials shall be of the size and in the quantity prescribed by the Development Services Department and of
sufficient clarity to illustrate the location, dimensions, nature and purpose of the proposed monopoles, utility
poles associated with small wireless facilities, or small wireless facilities in the public right-of-way and its relation
to existing and proposed facilities in the right-of-way.
E. No changes shall be made in the location, dimensions, character or duration of the monopoles, utility poles
associated with small wireless facilities, or small wireless facilities in the public right-of-way as granted by the
permit except upon written authorization of the Development Services Department.
F. Approval of an Application is contingent upon the applicant demonstrating compliance with the Wireless
Facilities Standard Terms and Conditions, the Town’s Design Standards and Guidelines, and any site-specific
requirements developed based upon consultation with the Town through the site review and permitting process.
G. An applicant may appeal denial of an Application to the Town Council by following this procedure: Within
seven calendar days of the denial of an Application, an applicant shall file a notice of appeal, in writing, with the
Town Clerk. The Town Council may affirm, modify, or reverse the action from which the appeal is taken.
H. Upon approval of an Application, a Wireless Facility Encroachment Permit will be issued for each monopole,
utility pole associated with small wireless facilities, or small wireless facility included in the Application. However,
nothing in this article shall be construed to exempt monopoles, utility poles associated with small wireless
facilities, or small wireless facilities in the public right-of-way from the requirements of Article 16-1 as an
encroachment in the public right-of-way.
Art. 16-2 Small Wireless Facilities | Fountain Hills Town Code Page 2 of 4
The Fountain Hills Town Code is current through Ordinance 23-13, and legislation passed through October 17, 2023.
I. The collocation, installation, modification, maintenance, and replacement of monopoles, utility poles
associated with small wireless facilities, or small wireless facilities shall be subject to rates and fees pursuant to
Section 16-2-4 of this article. (18-01, Added, 02/20/2018)
Section 16-2-4 Rates and Fees
A. The Town Council shall, by ordinance or resolution, set and amend any rate, rate component, charge, or fee
authorized by state law for the use of the public right-of-way and Town utility poles in connection with small
wireless facilities including:
1. Fees for special use permit applications
2. Fees for collocation applications;
3. Fees for the use of the right-of-way;
4. Rates for the use of the Town’s utility poles;
5. Fees for Encroachment Permit Applications;
6. Fees to recover legal costs resulting from enforcement to any noncompliance including, but not limited
to, administrative expenses, investigation, testing, legal proceedings and filings, and continued monitoring;
and
7. Other fees as the Town may determine necessary to carry out the requirements contained herein.
B. All rates and fees set or amended pursuant to this article shall be reasonable and shall not exceed the
amounts permitted by state law.
C. The Town shall publish and make available its schedule of rates and fees.
D. These fees relate solely to the matters covered by this article and are separate from all other fees, fines and
penalties chargeable by the Town. (18-01, Added, 02/20/2018)
Art. 16-2 Small Wireless Facilities | Fountain Hills Town Code Page 3 of 4
The Fountain Hills Town Code is current through Ordinance 23-13, and legislation passed through October 17, 2023.
The Fountain Hills Town Code is current through Ordinance 23-13, and legislation passed through October
17, 2023.
Disclaimer: The town clerk’s office has the official version of the Fountain Hills Town Code. Users should contact
the town clerk’s office for ordinances passed subsequent to the ordinance cited above.
Town Website: www.fh.az.gov
Hosted by Code Publishing Company, A General Code Company.
Art. 16-2 Small Wireless Facilities | Fountain Hills Town Code Page 4 of 4
The Fountain Hills Town Code is current through Ordinance 23-13, and legislation passed through October 17, 2023.
RESOLUTION NO. 2018-18
A RESOLUTION OF THE MAYOR AND COUNCIL OF THE
TOWN OF FOUNTAIN HILLS, ARIZONA, ADOPTING THE
WIRELESS FACILITY LICENSE AGREEMENT AND THE
WIRELESS FACILITIES STANDARD TERMS AND CONDITIONS
FOR LOCATING WIRELESS FACILITIES WITHIN TOWN
RIGHTS-OF-WAY, THE 2018 TOWN OF FOUNTAIN HILLS
WIRELESS FACILITIES IN THE RIGHT-OF-WAY DESIGN
STANDARDS AND GUIDELINES, AND AMENDING THE TOWN
COMPREHENSIVE FEE SCHEDULE; AND DECLARING AN
EMERGENCY.
BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF
FOUNTAIN HILLS, ARIZONA, as follows:
SECTION 1. That the Wireless Facility License Agreement is hereby approved
in the form as set forth in Exhibit "A", attached hereto and incorporated herein by
reference.
SECTION 2. That the Wireless Facilities Standard Terms and Conditions are
hereby approved in the form as set forth in Exhibit "B", attached hereto and incorporated
herein by reference.
SECTION 3. That the 2018 Town of Fountain Hills Wireless Facilities in the
Right-of-Way Design Standards and Guidelines are hereby approved in the form as set
forth in Exhibit "C", attached hereto and incorporated herein by reference.
SECTION 4. That the proposed amendments to the Fee Schedule, initially posted
as Development Services Department Fees, are now included in Public Works
Department Fees as Encroachment/Engineering Permit Fees.
SECTION 5. That the Town Comprehensive Fee Schedule, of the Fiscal Year
2017-2018 Adopted Budget is hereby amended by adding the line items set forth in
Exhibit"D", attached hereto and incorporated herein by reference.
SECTION 6. That the Mayor, the Town Manager, the Town Clerk and the Town
Attorney are hereby authorized and directed to execute all documents and take all steps
necessary to carry out the purpose and intent of this Resolution.
SECTION 7. Because of the urgent need for the implementation of the Town's
regulations concerning small wireless facilities, and the immediate operation of this
Resolution is necessary for the preservation of the public peace, health and welfare, an
emergency is hereby declared to exist and this Resolution shall be in full force and effect
I 400, from and after its passage and approval by the Mayor and Council as required by law and
1
is hereby exempt from the referendum provisions of the Constitution and laws of the
State of Arizona.
PASSED AND ADOPTED by the Mayor and Council of the Town of Fountain
Hills, February 20, 2018.
FOR THE TOWN OF FOUNTAIN HILLS:ATTESTED TO:
d M. Ka nagh Bevelyn J. B de own Clerk
REVIEWED BY: APPROVED AS TO FORM:
OZ:›47/1N .. •VA•AIL---
Grady E. Miller, Tawn Manager Fr d isman, Town Attorney
111)
2
CERTIFICATION
I, Bevelyn J. Bender, the duly appointed Clerk of the Town of Fountain Hills, Arizona,
do hereby certify that the above and foregoing Resolution No. 2018-18 was duly passed
by the Mayor and Council of the Town of Fountain Hills, Arizona, at a re lar meeting
held on February 20, 2018, and the roll call of the vote thereon was Ayes, 0
Nays, and that the Mayor and 5 Councilmembers were present thereat.
Bevelyn J. nder, own Clerk
Town of Fountain Hills, Arizona
3
EXHIBIT A
TO
416, RESOLUTION NO. 2018-18
Wireless Facility License Agreement]
See following pages.
II
Town License#
Wireless Provider's Name:
WIRELESS FACILITY LICENSE AGREEMENT
THIS WIRELESS FACILITY LICENSE AGREEMENT (the "License Agreement") is
made and entered into this day of 20 ("Effective Date"), by and
between the Town of Fountain Hills, an Arizona municipal corporation ("Town"), and
a Wireless
Provider").
RECITALS
A. The Town of Fountain Hills "Wireless Facilities Standard Terms and
Conditions" sets out various recitals and terms (collectively the "Terms").
B. Town holds interests in certain parcels of land (the "Street Parcels")
comprising street Right- of-way within the Town of Fountain Hills.
C. This License Agreement allows Wireless Provider to use certain limited
portions of Town's specific Street Parcels pursuant to an approved Wireless Facilities
Encroachment Permit ("Encroachment Permit").
D. The portions of the Street Parcels that this License Agreement permits
Wireless Provider to use (the "Use Areas") are defined in the package of maps and related
materials (the "Boundary Plan") attached to each Encroachment Permit Application.
E. Wireless Provider desires to install and operate on the Use Areas the wireless
telecommunications receiving, processing and transmitting devices and related electronic
equipment that is specified on each Site Plan (the "Communications Equipment") subject to
the requirements of this License Agreement and associated Encroachment Permit. The
Communications Equipment is limited to the actual electronic equipment, portable cabinets
for such equipment, enclosures, and antennas ("Antennas") utilized for wireless
communications, all as shown on the drawings (the "Site Plans") attached to each
Encroachment Permit. Notwithstanding anything in this License Agreement or associated
Encroachment Permit to the contrary, the Communications Equipment excludes any item
not shown on the approved Site Plan.
F. The volume of the Enclosure and the above ground portion of its pad shall be
2
as shown in the Site Plan incorporated into each Encroachment Permit Application and
shall be limited as stated on that Site Plan.
G. The Street Parcel in each Encroachment Permit Application shall state
whether it is currently improved with an electrical, traffic signal, street light, or antenna
support pole (the "Utility Pole") which is owned by Town, and the approximate height of the
Utility Pole.
H. In the Encroachment Permit Application, the Wireless Provider will indicate
whether it proposes to use the existing Utility Pole, replace the existing Utility Pole, or install
a new Utility Pole that Town or Wireless Provider will own. If the Utility Pole is owned by a
third-party, the Wireless Provider shall provide documentation confirming the third-party
owners' consent for Wireless Provider's use of the Utility Pole.
I. In order to install the Communications Equipment, Wireless Provider desires
to construct supporting improvements and perform all other work shown on the Site Plan
collectively the "Project") for each site.
J. Wireless Provider shall complete the entire Project and put the
Communications Equipment in full operation no later than one hundred eighty (180) days
after the date of the issuance of the Encroachment Permit (the "Completion Deadline") for
each site.
K. Town desires to grant to Wireless Provider the right to install, maintain,
operate and repair the Communications Equipment (the "Permitted Uses") subject to the
requirements of this License Agreement and as specified in each specific Encroachment
Permit granted pursuant to this License Agreement.
NOW, THEREFORE, for and in consideration of the foregoing, the amounts
hereinafter to be paid by Wireless Provider, and the covenants and agreements contained
herein to be kept and performed by Wireless Provider, and other good and valuable
consideration, Town and Wireless Provider agree as follows:
I.LICENSE TERMS
1 . License Terms. Town hereby grants to Wireless Provider a license to use the Use
Areas as follows:
1.1 Terms Incorporated. The Terms (as defined in the Recitals above) are all
incorporated by reference as if set out in full herein. WIRELESS PROVIDER WARRANTS
AND REPRESENTS THAT WIRELESS PROVIDER HAS READ AND AGREES TO THE
TERMS. Capitalized terms used but not defined in this License Agreement shall have the
meanings assigned by the Terms.
1.2 Terms Application. Wireless Provider shall comply with all of the Terms.
Without limitation, the Terms shall apply to the Use Areas as follows:
3
1.2.1 Wireless Provider's Boundary Plan Responsibility. It is Wireless
Provider's responsibility before submitting any Encroachment Permit Application
authorized by this License Agreement to ensure that the Boundary Plan is prepared as
follows:
1.2.1.1 Wireless Provider shall insure that the Boundary Plan clearly
depicts all portions of the Street Parcel that Wireless Provider desires to use and that each
such area is clearly shown on the Boundary Plan and labeled to clearly indicate which of
the categories of Exclusive Areas or Shared Areas set out in the Terms applies to the area.
1.2.1.2 If the Boundary Plan does not clearly show any portion of the
Street Parcel as one of the categories of Exclusive Areas or Shared Areas set out in the
Terms, then such portion of the Street Parcel is not part of the Use Areas and Wireless
Provider may not use such portion of the Street Parcel, even if the use is discussed in the
Terms.
1.2.1.3 Any Exclusive Area or Shared Area described or named in the
Terms that is not clearly depicted and correctly labeled on the Boundary Plan is excluded
from this License Agreement and Encroachment Permit and unavailable for Wireless
Provider's use.
1.2.1.4 Any portion of the Boundary Plan or the Site Plan that indicates
a Wireless Provider's use of the Street Parcel that is not one of the Exclusive Areas or
Shared Areas specifically enumerated in the Terms is excluded from this License
Agreement and Encroachment Permit and not available for Wireless Provider's use.
1.2.1.5 All work, improvements and equipment within an Exclusive
Area or Shared Area is limited to the purposes enumerated in the Terms for that particular
Exclusive Area or Shared Area.
1.2.1.6 This License Agreement and Encroachment Permit does not
allow use of any land other than the specified portions of the Street Parcel that are
Exclusive Areas or Shared Areas.
1.2.1.7 Any change to the Boundary Plan after Town issues the
Encroachment Permit is void unless it is memorialized in a formal amendment to this
License Agreement.
1.2.2 Site Plan. It is Wireless Provider's responsibility before submitting any
Encroachment Permit Application authorized by this License Agreement to ensure that the
Site Plan correctly shows the work that Wireless Provider intends to perform, that the Site
Plan correctly shows all improvements and equipment that Wireless Provider intends be
located on the Use Areas, that the Site Plan shows no work, improvements or equipment
outside the Exclusive Areas and Shared Areas properly depicted and labeled on the
Boundary Plan, and that all work, improvements and equipment is encompassed within the
purposes enumerated in the Terms for that particular Exclusive Area or Shared Area. Any
4
work, improvements or equipment not conforming to all the foregoing is prohibited, even if it
is clearly shown on the Site Plan or discussed in the Terms. Any refinement or other
change to the Site Plan after Town issues a Encroachment Permit is void unless Wireless
Provider obtains Town's approval of the change pursuant to the plans approval processes
set out in the Terms and pursuant to all applicable regulatory requirements.
1.2.3 Term of Agreement. The term of this Agreement is as stated in the
Terms.
1.2.4 Wireless Provider's Payments. Wireless Provider shall pay to Town the
amounts described in the Terms.
1.2.5 Use Restrictions. Wireless Provider shall comply with the use
restrictions set out in the Terms.
1.2.6 Encroachment Permits. This Agreement constitutes an "Encroachment
Permit" under Chapter 16-1-4.F of the Town of Fountain Hills Town Code to the extent of
granting permission for the Communications Equipment to exist on the Street Parcel but
not to allow any construction or other work of any description in the Right-of-way or to allow
obstruction of traffic or alteration of Town's improvements. Before performing any work on
the Right-of-way, Wireless Provider shall obtain the following additional encroachment
permits, as applicable:
41161, 1.2.6.1 Permission to work in the Right-of-way.
1.2.6.2 Traffic control plan.
1.2.6.3 Any other applicable permits regarding work in the Right-of-
way.
1.2.7 Compliance with Law. Wireless Provider acknowledges that this
License Agreement or any issued Encroachment Permit does not constitute, and Town has
not promised or offered, any type of waiver of, or agreement to waive (or show any type of
forbearance, priority or favoritism to Wireless Provider with regard to) any law, ordinance,
power, regulation, tax, assessment or other legal requirement now or hereafter imposed by
the Town of Fountain Hills or any other governmental body upon or affecting Wireless
Provider's use of the Street Parcel. For example, Wireless Provider shall comply with all
zoning, building and Right-of-way codes, ordinances and policies.
2. Permitted Uses. Town hereby grants to Wireless Provider the right to install,
maintain, operate and repair the Communications Equipment (the "Permitted Uses") subject
to the requirements of this License Agreement and as specified in each specific
Encroachment Permit granted pursuant to this License Agreement.
3. Annual Blanket Encroachment Permit for Incidental Work at a Site: On or before
January 1 of each calendar year, the Wireless Provider shall submit an application for a
5
Blanket Encroachment Permit to perform incidental and routine maintenance work at any
site in the Town's Right-of-way. The Blanket Encroachment Permit shall only cover such
activities as checking and inspecting communications equipment and antennas, changing
circuit packs and cards, cleaning the cabinets and immediate area, and other similar
activity. The Blanket Encroachment Permit does not include any work that requires the
replacement of cabinets, antennas, or communications equipment, or any excavation,
trenching, or concrete or roadway cutting within the Boundary Plan use area.
4. Town's Initial Information. Unless and until Town gives notice otherwise, Town's
contract administrator shall be the Development Services Director.
5. Wireless Provider's Initial Information. Unless and until Wireless Provider gives
notice otherwise:
5.1 Wireless Provider's network operations center phone number as required by
the Terms is (
0
0
5.2 Wireless Provider's address for notices as required by the Terms shall be:
L
5.3 Wireless Provider's billing address for routine billing invoices as required by
the Terms shall be:
7 .
EXECUTED as of the date first given above.
TOWN: Town of Fountain Hills,
an Arizona municipal corporation
By:
Town Manager
WIRELESS PROVIDER:
a
By:
Name:
Its:
40
0
EXHIBIT B
TO
RESOLUTION NO. 2018-18
Wireless Facilities Standard Terms and Conditions]
See following pages.
9
WIRELESS FACILITIES STANDARD TERMS AND CONDITIONS
The Common Council of the Town of Fountain Hills ("Town") has adopted the
following recitals, terms and conditions (collectively, the "Terms") to govern the use of Town
owned right-of-way for the placement of wireless facilities by a Wireless Provider as defined
by the Arizona Revised Statutes, Section 9-591, et. seq. These Terms are effective as of
2018, and may be amended only upon approval of the Town Council.
RECITALS
a. Town owns the public street and alley rights-of-way and public utility easements within
the boundaries of the Town of Fountain Hills that are designed for use by utility
companies for installation, operation and repair of water, electrical and other utilities
pursuant to franchise, licenses or other agreements between utility companies and
Town (collectively the "Right-of-way").
b. Town is the owner of certain street lights and traffic signals (individually a "Utility Pole"
or collectively "Utility Poles") located in the Right-of-way (as hereinafter defined).
c. Pursuant to A.R.S. 9-591, et seq., one or more Wireless Providers may desire to
establish and operate a network of Small Wireless Facilities to enhance wireless
service coverage within the Town.
d. Town anticipates that one or more Wireless Providers may desire to install Small
Wireless Facilities on the Town's Utility Poles, install new and replacement Utility
Poles capable of supporting Small Wireless Facilities, and in certain cases and where
permitted by the Town's Code, install other Small Wireless Facilities or monopole
towers in the Right-of-way.
e. Wireless Providers agree to comply with the Town's Right-of-way use requirements
as provided in these Terms. Furthermore, Wireless Providers agree to file the
appropriate applications and secure the appropriate licenses and permits required by
the Town for placement of Wireless Facilities within the Town's boundaries.
f. Town Utility Poles approved for Small Wireless Facilities shall retain their primary
governmental purpose, and use of the Right-of-way by Wireless Providers shall not
interfere with the Town's use thereof. The primary purpose of these Terms is to
protect the health, safety and welfare of the public, and to protect the value of and
physical integrity of publicly-owned property and assets.
g. Because Town's existing streetlight poles and traffic signal poles are not designed to
safely support the additional weight and stress of Wireless Facilities, Wireless Service
Providers shall be required to provide poles designed to support these facilities to
replace existing poles prior to attaching Wireless Facilities.
TERMS
to
1. DEFINITIONS. For the purposes of the Terms:
Antenna" means communications equipment that transmits or receives
electromagnetic radio frequency signals and that is used in providing wireless
services.
Application Fee" means the Town's encroachment permit application, review
and other fees related to the issuance of the permit.
Base Use Fee" means the amount that the Company shall pay to Town for
each year of this license for use of Town Right-of-way and Town-owned Pole,
as set out in the current fee schedule.
Communications Equipment" means any and all electronic equipment at the
Small Wireless Facility location that processes and transports information from
the antennas to the Wireless Provider's network.
Competing Users" means entities that own the water pipes, cables and wires,
pavement, and other facilities which may be located within the Right-of-way.
The Competing Users include without limitation, the Town, the State of Arizona
and its political subdivisions, the public, and all manner of utility companies and
other existing or future users of the Use Areas.
Encroachment Permit" means a permit issued pursuant to Chapter 16 of the
Fountain Hills Town Code allowing a a utility pole, monopole, small wireless
facility or wireless support structure to be placed in the Town's Right-of-way
pursuant to the Wireless Provider's License Agreement.
FCC" means the Federal Communications Commission.
FCC Rules" means all applicable radio frequency emissions laws and
regulations.
FCC OET Bulletin 65" means the FCC's Office of Engineering & Technology
Bulletin 65 that includes the FCC Radio Frequency Exposure Guidelines.
License Agreement" means the license incorporating these Terms for Wireless
Providers to install and operate Wireless Facilities in the Town's Right-of-way.
Monopole" means a wireless support structure that is not more than forty
inches in diameter at the ground level and that has all of the wireless facilities
mounted on the pole or contained inside of the pole.
RF" means radio frequency.
II RF Letter" means a letter attesting to the Wireless Provider's compliance with
FCC RF exposure guidelines from the Wireless Provider's senior internal
11
engineer.
Right-of-way" as defined for wireless sites in A.R.S. §9-591(18) means the
area on, below or above a public roadway, highway, street, sidewalk, alley, or
utility easement. Right-of-way does not include a Federal Interstate Highway, a
state highway or state route under the jurisdiction of the Department of
Transportation, a private easement, property that is owned by a special taxing
district, or a utility easement that does not authorize the deployment sought by
the wireless provider.
Site Documents" means the depiction of the use area, schematic plans and
map showing location of the installation of the Wireless Facility in the Right-of-
way, including but not limited to the title report of the use area, vicinity map,
site plan, elevations, technical specifications and the cubic feet of the non-
antenna wireless equipment.
Small Wireless Facility" as defined in A.R.S. §9-591(19), means a Wireless
Facility that meets both of the following qualifications:
a. All antennas are located inside an enclosure of not more than six (6)
cubic feet in volume or, in the case of an antenna that has exposed
elements, the antenna and all of the antenna's exposed elements
could fit within an imaginary enclosure of not more than six (6) cubic
feet in volume.
b. All other wireless equipment associated with the facility is
cumulatively not more than twenty-eight (28) cubic feet in volume, or
fifty (50) cubic feet in volume if the equipment was ground mounted
before the effective date of this section. The following types of
associated ancillary equipment are not included in the calculation of
equipment volume pursuant to this subdivision:
An electric meter.
ii.Concealment elements.
iii.A telecommunications demarcation box.
iv.Grounding equipment.
v.A power transfer switch.
vi.A cutoff switch.
vii.Vertical cable runs for the connection of power and other
services.
Supplemental Parcel Agreement" means an agreement authorizing the
Wireless Provider to use property outside of the Town's Right-of-way, whether
12
owned by the Town or a third-party.
Third Party Areas" means the portions of the Right-of-way, such as canal
crossings or other areas that for any reason have limited Right-of-way
dedications or that have regulatory use restrictions imposed by a third party.
Violation Use Fee" means the types of fees that the Town has available to
remedy certain breaches of the License Agreement by a Wireless Provider.
Wireless Facility" as defined in A.R.S. §9-591(22):
a. Means equipment at a fixed location that enables wireless
communications between user equipment and a communications
network, including both of the following:
Equipment associated with wireless communications.
ii. Radio transceivers, antennas, coaxial or fiber-optic cables,
regular and backup power supplies and comparable
equipment, regardless of technological configuration.
b. Includes small wireless facilities.
c. Does not include the structure or improvements on, under or within
which the equipment is collocated, wireline backhaul facilities, coaxial
or fiber-optic that is between wireless support structures or utility
poles or coaxial or fiber-optic cable that is otherwise not immediately
adjacent to, or directly associated with, an antenna.
d. Does not include Wi-Fi radio equipment described in Section 9-506,
Subsection I or microcell equipment described in Section 9-584,
Subsection E.
Wireless Infrastructure Provider" as defined in A.R.S. §9-591(23) means any
person that is authorized to provide telecommunications service in this state
and that builds or installs wireless communications transmission equipment,
wireless facilities, utility poles or monopoles but that is not a wireless service
provider. Wireless Infrastructure Provider does not include a special taxing
district.
Wireless Provider" as defined in A.R.S. §9-591(24) means a Cable Operator,
Wireless Infrastructure Provider or Wireless Services Provider.
Wireless Provider's Improvements" means all improvements installed by the
Wireless Provider, including, but not limited to: all elements of the Wireless
ow Facility, all screening elements, any landscaping plants or materials, and any
13
other elements provided by the Wireless Provider in the approved License
Agreement.
Wireless Services" as defined in A.R.S. §9-591(25) means any services that
are provided to the public and that use licensed or unlicensed spectrum,
whether at a fixed location or mobile, using wireless facilities.
Wireless Services Provider" as defined in A.R.S. §9-591(26) means a person
that provides wireless services. Wireless Services Provider does not include a
special taxing district.
Wireless Support Structure" as defined in A.R.S. §9-591(27):
a) Means:
A freestanding structure, such as a monopole.
ii.A tower, either guyed or self-supporting.
iii.A sign or billboard.
iv.Any other existing or proposed structure designed to
support or capable of supporting small wireless facilities.
v.Does not include a utility pole.
2. USE AREAS.
Upon approval of a License Agreement, Town grants to Wireless Service Provider the
right to install Wireless Facilities in the Town's Right-of-way upon issuance of an
Encroachment Permit for each Use Area as set forth below:
2.1 Limitations. Notwithstanding anything herein to the contrary, the Use
Areas include and are limited to only certain areas that Wireless Provider is
permitted to exclusively use and occupy (the "Exclusive Area") and certain
areas that Wireless Provider is permitted to use on a shared basis (the "Shared
Area"). The Use Areas are defined by the Boundary Plan.
2.2 Use Areas Boundary. The Use Areas is the smallest geometric shape
that includes the Exclusive Areas and the Shared Areas. The Use Areas
exclude other parts of the Street Parcel or and all other land. Wireless Provider
shall not occupy or use any other portion of the Street Parcel or adjoining lands.
An approved License Agreement or any associated Encroachment Permit(s)
does not allow any use by Wireless Provider of land outside the Street Parcel.
If any portion of Wireless Provider's work, improvement or equipment is to be
located on other land, then such work, improvements and equipment are
prohibited unless Wireless Provider first obtains from the owner of said land
including Town, if applicable) a Supplemental Parcel Agreement allowing such
work, improvements and equipment.
14
2.3 Exclusive Areas. The Exclusive Areas are limited to the following, if and
as defined by the Boundary Plan:
2.3.1 The land area defined as "Enclosure" on the Boundary
Plan to be used by Wireless Provider solely for the enclosure
housing the electronic ground equipment shown on the Site Plan
the "Enclosure"). Such area is confined to the actual area occupied
by the exterior structure and the interior of the enclosure. If the
Boundary Plan does not show a clearly defined and correctly
labeled "Enclosure" area, then no enclosure area is available for
Wireless Provider's use and any enclosure for Wireless Provider's
use must be located outside the Street Parcel and authorized by a
Supplemental Parcel Agreement.
2.3.2 The area on the Pole defined as "Antennas" on the
Boundary Plan to be used by Wireless Provider solely for mounting
the Antennas. Such area is confined to the Town approved
elevations and locations actually occupied by the Antennas and
their supporting brackets. If the Boundary Plan does not show a
clearly defined and correctly labeled "Antennas" area, then no main
antennas area is available for Wireless Provider's use and any main
antennas for Wireless Provider's use must be located outside the
Street Parcel and authorized by a Supplemental Parcel Agreement.
2.4 Shared Areas. Shared Areas are limited to the following areas, if and as
defined by the Boundary Plan:
2.4.1 A motor vehicle Parking space (the "Parking Space") at the
Parking Space" location described on the Boundary Plan to be
used by Wireless Provider solely for parking a service vehicle to
service the Communications Equipment and for ingress and egress
to that Parking Space.
2.4.2 No temporary construction area is provided by these
Terms, an approved License Agreement or Encroachment Permit.
Wireless Provider must obtain from Town a separate written
document giving Wireless Provider permission to work in the Right-
of-way, as described elsewhere herein.
2.4.3 An underground cable route (the "Signal Route") labeled
as the "Signal Route" described on the Boundary Plan from the
Enclosure to the Antenna to be used by Wireless Provider solely for
underground radio frequency lines between the Enclosure and the
Antenna. Notwithstanding the preceding sentence, the portion of the
Signal Route upon the Pole shall not be underground but shall be
within the Pole. If the Boundary Plan does not show a clearly
IDdefined and correctly labeled "Signal Route" area, then no signal
route area is available for Wireless Provider's use and any signal
15
route for Wireless Provider's use must be separately authorized by
Town.
2.5 Power and Telephone Service. Nothing herein grants permission for
Wireless Provider to use any portion of power, telephone or other service
routes, if any. Wireless Provider acknowledges that use of the public street
Right-of-way or public utility easements for these purposes, if any, is governed
by Town's normal Right-of-way rules and policies, and by the franchise
agreements between the Town and the electrical and telephone service
providers.
2.6 Rights in Adjacent Land. Wireless Provider's rights are expressly limited
to the real property defined as the "Use Areas" an issued Encroachment Permit.
Without limitation, in the event any public Right-of-way or other public or private
property at or adjacent to the Use Areas is owned, dedicated, abandoned or
otherwise acquired, used, improved or disposed of by Town, such property shall
not accrue to Wireless Provider but shall be the Town's property and not subject
to the Use Areas.
2.7 Variation in Area. In the event the Use Areas consist of more or less
than any stated area, Wireless Provider's obligations hereunder shall not be
increased or diminished.
2.8 Condition of Title. Wireless Provider shall not have power to amend,
modify, terminate or otherwise change the Site Documents or create new Site
Documents.
2.8.1 Town does not warrant its own or any other person's title
to or rights to use the Use Areas or any other property.
2.8.2 Wireless Provider shall pay, indemnify, defend and hold
harmless Town and its agents and representatives of, from and
against any and all claims, demands, damages, expenses, interest
or penalties of any kind or nature whatsoever, including attorneys',
arbitrators' and experts' fees and court costs that arise from or
relate to Wireless Provider's non-compliance with the Site
Documents.
2.9 Condition of Use Areas. The Use Areas are being made available in an
as is" condition without any express or implied warranties of any kind, including
without limitation any warranties or representations as to their condition or
fitness for any use.
2.10 No Real Property Interest. Notwithstanding any provision hereof to the
contrary, and notwithstanding any negotiation, correspondence, course of
performance or dealing, or other statements or acts by or between the parties,
Wireless Provider's rights herein are limited to use and occupation of the Use
Areas for the Permitted Uses.
16
2.11 Limited Rights in Use Areas. Wireless Provider's rights in the Use Areas
are limited to the specific rights expressly granted in Wireless Provider's
approved License Agreement.
2.12 Reserved Right and Competing Users and Activities. Notwithstanding
anything herein to the contrary, Town specifically reserves to itself and excludes
from any Encroachment Permit a non-exclusive delegable right (the "Reserved
Right") over the entire Use Areas for all manner of real and personal
improvements and for streets, sidewalks, trails, landscaping, utilities and every
other land use of every description. Without limitation:
2.12.1 Competing Users. Wireless Provider accepts the risk that
Town and others (the "Competing Users") may now or in the future
install their facilities in the Use Areas in locations that make parts of
the Right-of-way unavailable for Wireless Provider's use.
2.12.2 Competing Activities. Wireless Provider accepts the risk
that there may now or in the future exist upon the Use Areas all
manner of work and improvements upon the Use Areas (the
Competing Activities"). The Competing Activities include without
limitation any and all laying construction, erection, installation, use,
operation, repair, replacement, removal, relocation, raising,
lowering, widening, realigning or other dealing with any or all of the
following, whether above, upon or below the surface of the Use
4110 Areas and whether occasioned by existing or proposed uses of the
Right-of-way or existing or proposed uses of adjoining or nearby
land:
2.12.2.1 All manner of streets, alleys, sidewalks,
trails, ways, traffic control devices, subways, tunnels,
trains and gates of every description, and all manner of
other transportation facilities and their appurtenances.
2.12.2.2 All manner of pipes, wires, cables, conduits,
sewers, pumps, valves, switches, conductors,
connectors, poles, supports, access points and guy
wires of every description, and all manner of other utility
facilities and their appurtenances.
2.12.2.3 All manner of drains, bridges, viaducts,
overpasses, underpasses, culverts, markings,
balconies, porches, overhangs and other
encroachments of every description and all manner of
other facilities and their appurtenances.
2.12.2.4 All other uses of the Right-of-way that Town
may permit from time to time.
40
17
2.12.3 Town's Rights Cumulative. All of Town's Reserved Rights
under various provisions of the License Agreement, these Terms
and Encroachment Permits shall be cumulative to each other.
2.12.4 Use Priorities. These Terms do not grant to Wireless
Provider or establish for Wireless Provider any exclusive rights or
priority in favor of Wireless Provider to use the Use Areas. Wireless
Provider shall not obstruct or interfere with or prevent any
Competing User from using the Use Areas.
2.12.5 Regulation. Town shall have full authority to regulate use
of the Use Areas and to resolve competing demands and
preferences regarding use of the Use Areas and to require Wireless
Provider to cooperate and participate in implementing such
resolutions. Without limitation, Town may take any or all of the
following into account in regulating use of the Use Areas:
2.12.5.1 All timing, public, operational, financial and
other factors affecting existing and future proposals,
needs and plans for Competing Activities.
2.12.5.2 All other factors Town may consider relevant,
whether or not mentioned in the License Agreement,
these Terms and Encroachment Permit(s).
2.12.5.3 Differing regulatory regimes or laws
applicable to claimed rights, public benefits, community
needs and all other factors relating to Competing Users
and Competing Activities.
2.12.6 Communications Equipment Relocation. Upon one
hundred eighty (180) days' notice from Town, Wireless Provider
shall temporarily or permanently relocate or otherwise modify the
Communications Equipment Relocation (the "Relocation Work") as
follows:
2.12.6.1 Wireless Provider shall perform the
Relocation Work at its own expense when required by
Town's town manager or designee.
2.12.6.2 The Relocation Work includes all work
determined by Town to be necessary to accommodate
Competing Activities, including without limitation
temporarily or permanently removing, protecting,
supporting, disconnecting or relocating any portion of
the Communications Equipment.
0 2.12.6.3 Town may perform any part of the Relocation
Work that has not been performed within the allotted
18
time. Wireless Provider shall reimburse Town for its
actual costs in performing any Relocation Work. Town
has no obligation to move Wireless Provider's, Town's
or others' facilities.
2.12.6.4 Town and not Wireless Provider shall be
entitled to use any of Wireless Provider's facilities that
are abandoned in place or that are not relocated on
Town's request.
2.12.6.5 All Relocation Work shall be subject to and
comply with all other provisions of the License
Agreement.
2.12.7 Disruption by Competing Users. Neither Town nor any
agent, contractor or employee of Town shall be liable to Wireless
Provider, its customers or third parties for any service disruption or
for any other harm caused them or the Communications Equipment
due to Competing Users or Competing Activities.
2.12.8 Emergency Disruption by Town. Town may remove, alter,
tear out, relocate or damage portions of the Communications
Equipment in the case of fire, disaster, or other emergencies if
Town's town manager or designee deems such action to be
reasonably necessary under the circumstances. In such event,
neither Town nor any agent, contractor or employee of Town shall
be liable to Wireless Provider or its customers or third parties for
any harm so caused to them or the Communications Equipment.
When practical, Town shall consult with Wireless Provider in
advance to assess the necessity of such actions and to minimize to
the extent practical under the circumstances damage to and
disruption of operation of the Communications Equipment. In any
event, Town shall inform Wireless Provider after such actions.
Wireless Provider's work to repair or restore the Communications
Equipment shall be Relocation Work.
2.12.9 Public Safety. If the Communications Equipment or any
other Wireless Provider equipment, improvements or activities
present any immediate hazard or impediment to the public, to Town,
to Town's equipment or facilities, to other improvements or activities
within or without the Use Areas, or Town's ability to safely and
conveniently operate the Right-of-way or perform Town's utility,
public safety or other public health, safety and welfare functions,
then Wireless Provider shall immediately remedy the hazard,
comply with Town's requests to secure the Street Parcel, and
otherwise cooperate with Town at no expense to Town to remove
any such hazard or impediment. Wireless Provider's work crews
shall report the Use Areas within four (4) hours of any request by
Town under this paragraph (the "RF Safety Paragraph").
19
2.13 Third Party Permission. There may be portions of the Right-of-way or
other areas that for any reason have limited Right-of-way dedications or that
have regulatory use restrictions imposed by a third party ("Third Party"). Areas
subject to such restrictions or regulations by Third Parties are referred to as
Third Party Areas" and communications equipment may not be built without
permission from the Third Party or Third Parties that have property rights or
regulatory authority over a specific Third Party Area. Wireless Provider's right
to use any Use Areas shall be suspended, but not its obligations with respect
thereto, during any period that a Third Party Permission is not in effect.
3.DURATION; EXTENSIONS.
3.1 Term. The original term of each License Agreement shall be for a
period of ten (10) years commencing on the effective date stated therein ("Initial
Term"). The Term of any associated Encroachment Permits issued to Wireless
Provider shall be the same as Wireless Provider's approved License
Agreement.
3.2 Extensions. The term of the License Agreement may be extended for
one (1) additional ten (10) year period ("Extension Term") subject to consent by
Town and Wireless Provider, which either may withhold in its sole and absolute
discretion. Both Town and Wireless Provider shall be deemed to have elected
to extend unless Town or Wireless Provider, respectively, gives notice to the
contrary to the other at least ninety (90) days prior to the end of the initial Term.
3.3 Holding Over. In any circumstance whereby Wireless Provider would
remain in possession or occupancy of the Use Areas after the expiration of this
License Agreement (as extended, if applicable), such holding over shall not be
deemed to operate as a renewal or extension of the License Agreement or
Encroachment Permits, but shall only create a use right from month to month
that may be terminated at any time by Town upon thirty (30) days' notice to
Wireless Provider, or by Wireless Provider upon sixty (60) days' notice to Town.
3.4 Town's Right to Cancel. Notwithstanding anything contained herein to
the contrary, Town shall have the unconditional right, with or without cause, to
terminate any Encroachment Permit for reasons including but not limited to
street widening, Right-of-way abandonment, or development that may impact
the location of the site, upon one hundred eighty (180) days' prior written notice
given at any time after the first one hundred eighty (180) days.
3.5 Wireless Provider's Right to Cancel. Wireless Provider shall have the
unilateral right to terminate any License Agreement without cause upon thirty
30) days' prior written notice. Wireless Provider has no right to terminate any
time after an event of default by Wireless Provider has occurred (or an event
has occurred that would become a default after passage of time or giving of
notice).
20
3.6 Removal and Restoration Obligations. Upon expiration or termination of
any License Agreement or Encroachment Permit, or any abandonment of any
Wireless Facilities, Wireless Provider shall remove its Wireless Facilities from
the Right-of-way, at is sole cost and expense as provided in Section 12.4
hereto.
4.WIRELESS PROVIDER'S PAYMENTS.
Wireless Provider shall make payments to Town as follows:
4.1 Use Fee Items. Wireless Provider shall pay to Town each of the
following separate and cumulative amounts (collectively the "Use Fees"):
4.1.1 An annual amount (the "Base Use Fee").
4.1.2 An amount (the "Application Fee") based on Wireless
Provider's application and permit review and other costs as set out
below.
4.1.3 An amount (the "Violation Use Fee") based on certain
breaches by Wireless Provider of the License Agreement as set out
below.
4.1.4 All other amounts required by the License Agreement.
4.2 Base Use Fee Amount. The amount of Base Use Fee Wireless Provider
shall pay to Town for each year of this Agreement shall be the total of all
applicable fee line items for wireless communications facilities (including without
limitation "antenna base fee" and "ground equipment fee", as applicable) as set
out in the then current fee schedule as it may be amended from time to time by
Town's town council.
4.3 Application Fee Amount. The amount of the Application Fee for Small
Wireless Facilities under A.R.S. § 9-592 shall be Seven Hundred Fifty Dollars
750.00) and the Application Fee for wireless sites under A.R.S. § 9-594 shall
be One Thousand Dollars ($1000.00). Nothing herein shall prevent the Town
from charging any other applicable fees ordinarily charged by the Town for
review of plans, issuance of permits, and inspection of Wireless Provider's work
upon the Use Areas (including, without limitation, encroachment permits, traffic
control fees, technology fees) as set out in the then current fee schedule as it
may be amended from time to time by Town's town council.
4.4 Use Fees Cumulative. All items of Use Fees shall be cumulative and
separate from each other.
4.5 Use Fee Schedule. Provider shall pay all Use Fees at the times and in
lir the amounts specified by Town's normal processes. Town's failure to collect
21
any item of the Use Fees does not waive Wireless Provider's liability for such
Use Fee, nor shall such failure be deemed a waiver by the Town to collect such
Use Fee thereafter.
4.6 Letter of Credit. The Initial Letter of Credit amount shall be based upon
the Wireless Provider's good faith projection of the number of sites to be
constructed within the Town of Fountain Hills during the current calendar year.
The Initial Letter of Credit shall be received by the Town before any construction
and encroachment permits are issued as follows:
4.6.1 The amount of the letter of credit shall be as follows: Thirty
Thousand Dollars ($30,000.00) for up to ten (10) wireless sites;
Sixty Thousand Dollars ($60,000) for eleven (11) to twenty (20)
wireless sites; One Hundred Five Thousand Dollars ($105,000) for
twenty one (21) to thirty five (35) wireless sites; One Hundred Eighty
Thousand Dollars ($180,000) for thirty six (36) to sixty (60) wireless
sites; Three Hundred Thousand Dollars ($300,000) for sixty one
61) to one hundred (100) wireless sites; Four Hundred Fifty
Thousand Dollars ($450,000) for one hundred one (101) to one
hundred fifty (150) wireless sites; Six Hundred Seventy Five
Thousand Dollars ($675,000) for one hundred fifty one (151) to two
hundred twenty five (225) wireless sites; One Million Fifty Thousand
Dollars ($1,050,000) for two hundred twenty six (226) to three
hundred fifty (350) wireless sites; One Million Five Hundred
S Thousand Dollars ($1,500,000) for three hundred fifty one (351) to
five hundred (500) wireless sites; Two Million Two Hundred Fifty
Thousand Dollars ($2,250,000) for five hundred one (501) to seven
hundred fifty (750) wireless sites; and Three Million Dollars
3,000,000) for seven hundred fifty one (751) to one thousand
1,000) wireless sites. If the number of Wireless Provider's wireless
sites is more than one thousand (1,000), the Three Million Dollar
3,000,000) letter of credit shall remain in effect and the letter of
credit for the wireless sites in excess of one thousand sites shall be
calculated using the schedule provided in this subsection.
4.6.2 The Town will determine at least once annually if the
number of Wireless Provider's wireless sites that are licensed
require that the letter of credit be upgraded to a higher amount. If
Town requires a new letter of credit, it shall provide formal notice in
writing to the Wireless Provider. The Wireless Provider must
provide the new letter of credit within 45 days of receiving written
notice.
4.6.3 The letter of credit is a security deposit for Wireless
Provider's performance of all of its obligations under these Terms
within the Town of Fountain Hills.
0 4.6.4 The letter of credit shall meet the requirements listed on
Exhibit "B" attached hereto.
22
4.6.5 Wireless Provider shall provide and maintain the letter of
credit during the entire term of the License Agreement as follows:
4.6.5.1 Wireless Provider shall cause the original
letter of credit to be delivered to Town's Development
Services Director.
4.6.5.2 Wireless Provider shall pay all costs
associated with the letter of credit, regardless of the
reason or manner such costs are required.
4.6.5.3 Within ten (10) business days after Town
gives Wireless Provider notice that Town has drawn on
the letter of credit, Wireless Provider shall cause the
letter of credit to be replenished to its prior amount.
4.6.6 Town may draw on the letter of credit upon any Event of
Default, and in the following circumstances whether or not they are
an Event of Default:
4.6.6.1 Wireless Provider fails to cause the letter of
credit to be renewed, extended, increased in amount or
otherwise maintained as required by these Terms.
4.6.6.2 Wireless Provider fails to make monetary
payments as required by these Terms.
4.6.6.3 The issuer of the letter of credit fails to
immediately honor a draft on the letter of credit or
otherwise repudiates or fails to honor the letter of credit.
4.6.7 Town shall also have such additional rights regarding the
letter of credit as may be provided elsewhere in the License
Agreement.
4.7 Late Fees. Any fee payable under this Agreement is deemed paid only
when Town actually receives good cash payment. Should any fee not be paid
on or before the date due, a late fee shall be added to the amount due in the
amount of the greater of ten percent (10%) of the amount due, or One Hundred
Dollars ($100.00). Furthermore, any fee that is not timely paid shall accrue
simple interest at the rate of one and one-half percent (1 1/
2 %) per month from
the date the amount first came due until paid. Wireless Provider expressly
agrees that the foregoing represent fair and reasonable estimates by Town and
Wireless Provider of Town's costs (such as accounting, administrative, legal
and processing costs, etc.) in the event of a delay in payment of the fee. Town
shall have the right to allocate payments received from Wireless Provider
40, among Wireless Provider's obligations.
23
4.8 Fee Amounts Cumulative. All amounts payable by Wireless Provider
hereunder or under any tax, assessment or other existing or future ordinance,
law or other contract or obligations to the Town of Fountain Hills or the State of
Arizona shall be cumulative and payable in addition to each other payment
required hereunder, and such amounts shall not be credited toward, substituted
for, or setoff against each other in any manner.
5. USE RESTRICTIONS.
Wireless Provider's use and occupation of the Use Areas shall in all respects conform
to all and each of the following cumulative provisions:
5.1 Permitted Uses. Wireless Provider shall use the Use Areas solely for
the Permitted Uses and shall conduct no other activity at or from the Use Areas
without Town's prior written consent, which may be withheld in Town's sole and
absolute discretion.
5.2 Enclosure Use. Wireless Provider shall use the Enclosure solely for
locating utility cabinets and housing the Communications Equipment used for
the Antennas.
5.3 Small Wireless Facility. Wireless Provider may install a Small Wireless
Facility, as defined in A.R.S. 9-591(19), to be limited to:
5.3.1 All antennas, including the antenna's exposed elements,
are located inside an enclosure of not more than six (6) cubic feet in
volume, and
5.3.2 All other wireless equipment associated with the facility is
cumulatively not more than twenty-eight (28) cubic feet in volume.
5.3.3. The following ancillary equipment is not included in the
equipment volume: electric meter, concealment elements, telecom
demarcation box, grounding equipment, power transfer switch,
cutoff switch, and vertical cable runs.
5.4 Communications Operations Restriction. Pursuant to A.R.S. 9-
592(F)(3), Wireless Provider shall not install, operate, or allow the use of
equipment, methodology or technology that interferes or is likely to interfere with
the optimum effective use or operation of Town's existing or future fire,
emergency or other communications equipment, methodology or technology
i.e., voice or other data carrying, receiving or transmitting equipment). If such
interference should occur, Wireless Provider shall immediately discontinue
using the equipment, methodology or technology that causes the interference
until Wireless Provider takes corrective measures to alter the Communications
Equipment to eliminate such interference. Any such corrective measures shall
be made at no cost to Town. Wireless Provider shall give to Town advance
ti.r written notice containing a list of the radio frequencies Wireless Provider is
24
using at the Use Areas and shall give advance written notice to Town of any
change in frequencies.
5.5 Other Equipment. Wireless Provider shall not disturb or otherwise
interfere with any other antennas or other equipment Town or an authorized
third party may have already installed or may yet install upon the Street Parcel.
5.6 Signs. All signage is prohibited except in compliance with the following
requirements:
5.6.1 Wireless Provider shall install and thereafter maintain the
following signs and other markings as reasonably determined by
Town from time to time:
5.6.1.1 All signs and markings required for safe use
of the Use Areas by Town, Wireless Provider and other
persons who may be at the Use Areas at any time for
any reason.
5.6.1.2 Any signage Town may request directing
parking, deliveries and other vehicles and other users to
comply with this License Agreement.
5.6.1.3 Warning signs listing only Wireless Provider's
ID
name, permanent business address, telephone number,
emergency telephone number, and any information
required by law.
5.6.2 All signage not expressly allowed by these Terms is
prohibited.
5.6.3 The location, size, content and style of each sign shall be
subject to the provisions of the applicable sign ordinance and shall
comply with Town's sign programs as the same may change from
time to time. Wireless Provider shall update signs, at Wireless
Provider's sole cost and expense, as required to comply with
changes in the applicable sign ordinance and Town's sign
programs.
5.6.4 Wireless Provider shall design, make, install and maintain
all signage in a first class, professional manner without broken
panels, faded or peeling paint or other damage. Town reserves the
right to require Wireless Provider to install, at Wireless Provider's
cost, new or updated signage if the existing signage is not compliant
with this Agreement.
5.6.5 Wireless Provider shall bear all costs pertaining to the
L erection, installation, operation, maintenance, replacement and
removal of all signs including, but not limited to, the application for
25
and obtaining of any required sign, building or other permits
regardless of the reason for any such activity, even if such activity is
required by Town pursuant to these Terms.
5.6.6 The requirements of this paragraph apply to all signs,
designs, monuments, decals, graphics, posters, banners, markings,
and other manner of signage.
5.7 Wireless Provider's Lighting. Except for security lighting temporarily
operated with Town's approval from time to time, Wireless Provider shall not
operate outdoor lights at the Use Areas.
5.8 Noise. Except during construction permitted under the License
Agreement and for burglar alarms and other safety devices, outdoor loud
speakers, sirens or other devices for making noise are prohibited. All equipment
shall be operated so that sound coming therefrom is compliant with Section 11-
1-7 of the Town Code and does not exceed the ambient noise level at the
boundary of the Street Parcel. The preceding sentence does not apply to use of
normal, properly maintained construction equipment used as permitted by the
approved License Agreement or permit issued to Wireless Provider by the
Town, to infrequent use of equipment that is as quiet or quieter than a typical
well maintained gasoline powered passenger automobile, to use of an air
conditioning unit that is no noisier than a typical well maintained residential air
conditioning unit.
5.9 Limited Access. It is Wireless Provider's and not Town's responsibility
to keep unauthorized persons from accessing the Communications Equipment
and the Exclusive Areas.
5.10 Standards of Service. Wireless Provider shall operate the Use Areas in
a first-class manner, and shall keep the Use Areas attractively maintained,
orderly, clean, neat and tidy at all times. Wireless Provider shall not allow any
person or persons in or about the Use Areas related to Wireless Provider's
operations who shall fail to be clean, courteous, efficient and neat in
appearance.
5.11 Wireless Provider's Agent. Wireless Provider shall at all times retain on
call available to Town by telephone an active, qualified, competent and
experienced person to supervise all activities upon the Use Areas and operation
of the Communications Equipment. Wireless Provider's agent shall be
authorized to represent and act for Wireless Provider in matters pertaining to all
emergencies and the day-to-day operation of the Right-of-way and all other
matters affecting a License Agreement or Encroachment Permit. Wireless
Provider shall also provide notice to Town of the name, street address,
electronic mail address, and regular and afterhours telephone number of a
person to handle Wireless Provider's affairs and emergencies at the Right-of-
way. Any change shall be given in writing to Town's Development Services
Director in the manner stated for notices required herein.
26
5.12 Coordination Meetings. Wireless Provider shall meet with Town and
other Right-of-way users from time to time as requested by Town to coordinate
and plan construction on the Use Areas and all matters affected by these
Terms.
5.13 Toxic Substances. Wireless Provider's activities upon or about the Use
Areas shall be subject to the following regarding any hazardous or toxic
substances, waste or materials or any substance now or hereafter subject to
regulation under the Comprehensive Environmental Response Compensation
and Liability Act, 42 U.S.C. §§ 9601, et seq., the Arizona Hazardous Waste
Management Act, A.R.S. §§ 49-901, et seq., the Resource Conservation and
Recovery Act, 42 U.S.C. §§ 6901, et seq., the Toxic Substances Control Act, 15
U.S.C. §§ 2601, et seq., or any other federal, state, county, or local law
pertaining to hazardous substances, waste or toxic substances and their
reporting requirements (collectively "Toxic Substances"):
5.13.1 Wireless Provider understands the hazards presented to
persons, property and the environment by dealing with Toxic
Substances. Town has made no warranties as to whether the Use
Areas contain actual or presumed asbestos or other Toxic
Substances.
5.13.2 Within twenty-four (24) hours after discovery by Wireless
Provider of any Toxic Substances, Wireless Provider shall report
tilar such Toxic Substances to Town in writing. Within fourteen (14) days
thereafter, Wireless Provider shall provide Town with a written
report of the nature and extent of such toxic substances found by
Wireless Provider.
5.13.3 Disturbance of Toxic Substances. Prior to undertaking any
construction or other significant work, Wireless Provider shall cause
the Use Areas to be inspected to prevent disturbance of potential
asbestos or other Toxic Substances. Prior to any work of any
description that bears a material risk of disturbing potential asbestos
or other Toxic Substances, Wireless Provider shall cause the
contractor or other person performing such work to give to Town
written notice by the method described in these Terms to the effect
that the person will inspect for Toxic Substances, will not disturb
Toxic Substances, and will indemnify, defend and hold Town
harmless against any disturbance in Toxic Substances in the course
of the contractor's or other person's work. Wireless Provider shall
cause any on-site or off-site storage, inspection, treatment,
transportation, disposal, handling, or other work involving Toxic
Substances by Wireless Provider in connection with the Use Areas
to be performed by persons, equipment, facilities and other
resources who are at all times properly and lawfully trained,
authorized, licensed, permitted and otherwise qualified to perform
such services. Wireless Provider shall promptly deliver to Town
27
copies of all reports or other information regarding Toxic
Substances.
5.14 Required Operation. During the entire term of the License Agreement
and associated Encroachment Permit(s), and any renewals or extensions
thereof, Wireless Provider shall actively and continuously operate the
Communications Equipment twenty-four (24) hours per day, seven (7) days per
week, for the Permitted Uses. Notwithstanding anything contained in this
paragraph to the contrary, the operation requirements of this paragraph shall be
effective commencing on the completion of the Project and shall continue
through the date the License Agreement terminates or expires for any reason.
In the event of relocation of the Communications Equipment or damage to the
Use Areas severe enough that the Communications Equipment cannot
reasonably be operated during repairs, the operation requirements of this
paragraph shall be suspended during the time specified by these Terms for
accomplishing repair of such damage or relocation of the Communications
Equipment. Wireless Provider may temporarily cease operating the
Communications Equipment for short periods necessary to test, repair, service
or upgrade the Communications Equipment. Notwithstanding the foregoing to
the contrary, any suspension in operations, whether or not authorized pursuant
to the License Agreement, shall not serve to extend any Term of the License
Agreement.
5.15 Actions by Others. Wireless Provider shall be responsible to ensure
40 compliance with the License Agreement by all persons using the Right-of-way
through or under Wireless Provider.
6. WIRELESS PROVIDER'S IMPROVEMENTS.
All of Wireless Provider's improvements and other construction work whether or not
specifically described herein upon or related to the Use Areas (collectively "Wireless
Provider's Improvements") shall comply with the following:
6.1 Wireless Provider's Improvements. Wireless Provider's Improvements
include without limitation, all modification, replacement, repairs, installation,
construction, grading, structural, utility, lighting, plumbing, sewer or other
alterations, parking or traffic alterations, removal, demolition or other
cumulatively significant construction or similar work of any description and all
installation or alteration of the Communications Equipment.
6.2 Zoning and Similar Approval Process. The zoning processes, building
permit processes, Right-of-way management policies and similar regulatory
requirements that apply to Wireless Provider's Improvements are completely
separate from the plans approval processes set forth in these Terms. Wireless
Provider's satisfaction of any requirement set forth these Terms does not
substitute for compliance with any regulatory requirement. Wireless Provider's
satisfaction of any regulatory requirement does not substitute for compliance
with any requirement of these Terms. Wireless Provider must make all
28
submittals and communications regarding the requirements of these Terms
through Town's Development Services Director and not through other staff.
Wireless Provider shall be responsible to directly obtain all necessary permits
and approvals from any and all governmental or other entities having standing
or jurisdiction over the Use Areas. Wireless Provider bears sole responsibility to
comply with all stipulations and conditions that are required in order to secure
such rezoning and other approvals. Notwithstanding anything in this paragraph
to the contrary, to the extent regulatory requirements and requirements of these
Terms are identical, compliance with regulatory requirements shall constitute
compliance with these Terms and vice versa.
6.2.1 Batching Sites for Approval. Only sites that do not have a
new or a replacement pole required for the antennas, and do not
have any underground cables, conduit, and foundations, are eligible
for batch processing of the applications.
6.3 Relationship of Plans Approval to Regulatory Processes. Wireless
Provider's submission of plans under these Terms, Town's approval of plans for
purposes of these Terms, and the plans approval process herein shall be
separate and independent of all development, zoning, design review and other
regulatory or similar plans submittal and approval processes, all of which shall
continue to apply as provided under state law, in addition to the requirements of
these Terms and its approvals. BUILDING PERMITS, ZONING CLEARANCES,
OR ANY OTHER GOVERNMENTAL REVIEWS OR ACTIONS DO NOT
O CONSTITUTE APPROVAL OF ANY PLANS FOR PURPOSES OF THE
LICENSE AGREEMENT.
6.4 Town's Fixtures and Property. Wireless Provider shall not remove, alter
or damage in any way any improvements or any personal property of Town
upon the Use Areas without Town's prior written approval. In all cases, Wireless
Provider will repair any damage or other alteration to Town's property caused by
Wireless Provider or its contractors, employees or agents to as good or better
condition than existed before the damage or alteration.
6.5 Design Requirements. All Wireless Provider's Improvements shall
comply with the following design requirements:
6.5.1 All Wireless Provider's Improvements shall be contained
entirely within the Use Areas and without any encroachment or
dependence upon any other property, except for permitted utility
service.
6.5.2 Any changes to utility facilities shall be strictly limited to the
Use Areas, shall not affect utilities used by Town or any authorized
users thereof, and shall be undertaken by Wireless Provider at its
sole cost and expense.
6.5.3 The Antennas and other Communications Equipment shall
be properly designed, installed and maintained so as not to create a
29
risk of damage to the Pole, to persons or property upon or using the
Street Parcel or Town's other property.
6.5.4 To the extent requested by Town, Wireless Provider's
plans shall include a description of construction methods employed
to address environmental issues affecting or affected by the Use
Areas and protect other facilities at the Street Parcel and
surrounding properties.
6.5.5 All specifications set forth in the Town of Fountain Hills's
Design Standards for Small Wireless Facilities in the Right-of-Way,
attached here to as Exhibit "A."
6.6 Approval Required. Wireless Provider shall not construct any Wireless
Provider's Improvements (including work on adjacent public lands, if applicable)
without having first received an executed License Agreement, written plans
approval from Town and any and all permits deemed necessary by the Town.
Such consent requirement shall apply to all improvements, furnishings,
equipment, fixtures, paint, wall treatments, utilities of every description,
communications cabling and other construction work of any description as
described in all plans heretofore or hereafter delivered by Wireless Provider to
Town. Such consent requirement does not apply to work to the Communications
Equipment confined completely inside the Enclosure and not visible, audible, or
otherwise discernible outside the Enclosure.
6.7 Effect of Plans Approval. Wireless Provider shall submit engineering
and construction plans to the Town for review and approval. Town's approval of
plans submitted shall be for purposes of these Terms only and shall constitute
irrevocable approval (but only at the level of detail of the applicable stage of the
review process) of the matters plainly shown on the plans approved. Town shall
not reject subsequent plans to the extent the matter to which Town objects was
plainly shown on plans previously approved by Town. However, Town is not
precluded from objecting to matters not previously approved, changes to plans,
matters not previously clearly disclosed on approved plans, or refinements or
implementation of matters previously approved.
6.8 Plans Required. Wireless Provider's design of all Wireless Provider's
Improvements shall occur in three stages culminating in final working
construction documents for the Wireless Provider's Improvements (the "Final
Plans"). The three stages are, in order of submission and in increasing order of
detail, as follows:
6.8.1 Conceptual plans showing the general layout, locations,
elevations, configuration, and capacities of all significant
improvements, topographical features, pedestrian and vehicular
ways, buildings, utilities, and other features significantly affecting
the appearance, design, function or operation of each element of
Wireless Provider's Improvements.
30
6.8.2 Preliminary plans showing all surface finishes and
treatments, finished elevations, general internal and external design
including without limitation colors, textures and materials),
mechanical, communications, electrical, plumbing and other utility
systems, building materials, landscaping and all other elements
necessary prior to preparation of final working construction
documents and showing compliance with all requirements of these
Terms. The preliminary plans shall show all detail necessary prior to
preparation of Final Plans.
6.8.3 Final Plans. In addition to the information that Town
required for Preliminary plans, the Final Plans shall include a title
report for the Use Area and the Shared Use Area, engineering
design documents for the pole foundation, pole structural design,
and other generally required engineering specifications for
construction drawings or "CD" plans for permits.
6.9 Approval Process. The following procedure shall govern Wireless
Provider's submission to Town of all plans for Wireless Provider's
Improvements, including any proposed changes by Wireless Provider to
previously approved plans:
6.9.1 All plans Wireless Provider submits under these Terms
shall show design, appearance, capacity, views, and other
information reasonably deemed necessary by Town for a complete
understanding of the work proposed, all in detail reasonably
deemed appropriate by Town for the level of plans required herein.
6.9.2 Wireless Provider shall deliver all plans submissions for
non-regulatory approvals required herein directly to Town's
Development Services Director and shall clearly label the
submissions to indicate that they are submitted pursuant to the
Terms and not for building permits, zoning or other approvals. Each
submittal of plans by Wireless Provider for Town's review shall
include five (5) complete sets of the plans on paper and, if
requested, two (2) copies of the plans in electronic form.
6.9.3 All construction plans shall be prepared by qualified
registered professional engineers.
6.9.4 Town and Wireless Provider shall endeavor to resolve
design and construction issues to their mutual satisfaction but, in
the event of an impasse for any reason or however arising, in light
of Town's ownership and other uses of the Use Areas, and as a
condition of Town's entering into a License Agreement or issuing an
Encroachment Permit, final decision authority regarding all design
and construction issues shall rest with Town.
31
6.9.5 All Wireless Provider's Improvements shall comply with all
requirements of law, any applicable insurance contracts and these
Terms.
6.10 Cost of Wireless Provider Improvements. All Wireless Provider's
Improvements shall be designed and constructed by Wireless Provider at
Wireless Provider's sole cost and expense, including without limitation any
alteration or other change to Town's equipment or other improvements or
property that may occur. In no event shall Town be obligated to compensate
Wireless Provider in any manner for any of Wireless Provider's Improvements
or other work provided by Wireless Provider during or related to the term of any
approved License Agreement and Encroachment Permit(s). Wireless Provider
shall timely pay for all labor, materials, work, and all professional and other
services related thereto and shall pay, protect, indemnify, defend and hold
harmless Town and Town's employees, officers, contractors and agents against
all claims related to such items. Wireless Provider shall bear the cost of all work
required from time to time to cause the Use Areas and Town's adjoining
property (if directly affected by Wireless Provider's work) to comply with local
zoning rules, the Americans with Disabilities Act, building codes and all similar
rules, regulations and other laws if such work is required because of work
performed by Wireless Provider, by Wireless Provider's use of the Use Areas,
or by any exercise of the rights granted to Wireless Provider under this License
Agreement or associated Encroachment Permit(s).
6.11 Improvement Quality. Any and all work performed on the Use Areas by
Wireless Provider shall be performed in a workman-like manner meeting9 or
exceeding the best practices of similar facilities in Maricopa County, Arizona,
and shall be diligently pursued to completion and in conformance with all
building codes and similar rules. All of Wireless Provider's Improvements shall
be high quality, safe, fire resistant, modern in design, and attractive in
appearance, all as approved by Town through the plans approval processes
described in these Terms in addition to any zoning, building code or other
regulatory processes that may apply.
6.12 Ownership of Wireless Provider's Improvements. All Wireless
Provider's Improvements (including without limitation poles and lights) except
the Communications Equipment shall be and become part of the real property of
Town as the same is constructed or installed.
6.13 Damage During Work. Upon performing any work upon the Right-of-
way, Wireless Provider shall simultaneously restore the Right-of-way to its prior
condition, as directed by Town and repair any holes, mounting surfaces or other
damage whatsoever to the Right-of-way. Such work shall include revegetation
and appropriate irrigation systems for revegetated areas.
6.14 Replacement Pole. If Town approves a Wireless Provider proposal to
install Antennas on a Town owned pole, then in addition to the other
40 requirements, the following shall apply:
32
6.12.1 Wireless Provider shall provide and deliver to Town a
replacement pole, including mast arm, so that a replacement is
immediately available to Town in case the original pole is damaged.
6.12.2 If Town uses a replacement pole, then Wireless Provider
shall provide another replacement pole.
6.12.3 Upon installation of a replacement pole, the Town will
determine if the original pole, mast arm(s), signal head(s), and light
fixture(s) shall be delivered by Wireless Provider to the Town's
Corporation Yard or if the Wireless Provider shall dispose of the
original pole, mast arm, signal head and light fixture.
6.12.4 All performance under this paragraph shall be at Wireless
Provider's expense. Town owns the original pole and all
replacement poles.
6.15 Coordination with Encroachment Permit. The Street Parcel is located in
Town's public street Right-of-way. Wireless Provider shall obtain encroachment
permits at Wireless Provider's expense as follows:
6.15.1 Wireless Provider shall perform no construction work in the
Right-of-way without obtaining from Town a permit giving
permission to work in the Right-of-way.
6.15.2 Wireless Provider shall not alter or modify its antennas,
wireless equipment or any improvements without submitting plans
or drawings of the proposed alteration or modification to Town and
obtaining approval from Town's Development Services Director.
6.15.3 Wireless Provider shall not perform any work on its own
antennas or wireless equipment without first obtaining from Town an
encroachment permit giving it permission to work in the Right-of-
way.
6.15.4 Wireless Provider shall not in any way obstruct pedestrian
or vehicular traffic within the Right-of-way without first obtaining
from Town a permit giving permission to obstruct traffic.
6.16 Time for Completion. Wireless Provider shall diligently and
expeditiously pursue to completion the construction of all approved Wireless
Provider's Improvements. Wireless Provider shall complete construction of all
Wireless Provider's Improvements no later than one hundred eighty (180) days
of permit issuance unless Town and Wireless Provider agree to extend this
period or a delay is caused by a lack of commercial power at the site. If Town,
in its sole examination of the construction activity at a site, determines that
Wireless Provider has not substantially performed construction at a site within
11, one hundred eighty (180) days of the permit issuance date, Town may require
the Wireless Provider to cease construction and resubmit the site for approval.
33
6.17 Construction Notification. Town may establish requirements for
notification of nearby residents and property owners prior to construction.
6.18 Work Time and Manner Restrictions. All installation, construction,
maintenance, inspection, repair and other work of any kind shall be done in a
manner that does not disrupt traffic (except in compliance with appropriate
permits) or nearby land uses. Without limitation, such work shall be done in
compliance with applicable Town policies and directions from time to time,
taking into account the various sensitivities of traffic, tourism, events, adjoining
land uses, other Right-of-way uses, and all other needs and concerns that are
likely to be affected by Wireless Provider's work.
7.RF SAFETY FOR TOWN'S EMPLOYEES.
Prior to performing any work on a wireless site in the Right-of-way, an employee or
authorized agent of the Town will contact Wireless Provider's Network Operations
Center (the NOC") whose information shall be located on the ground equipment or on
the pole. The Town's employee or agent shall identify himself or herself as an
employee or agent of Town and the need for the RF to be turned off at the site for a
specified period to perform maintenance or repair work at the site. Upon completion
of the work, the Town's employee shall contact the NOC and inform them that the site
may activate the RF signals.
Furthermore, as Town's employees, agents, and representatives must have
uninterrupted and safe access to the Right-of-way and all structures located thereon,
Wireless Provider must comply with at least one of the following safety protocols:
7.1 Provide access to a "kill switch" for each wireless site that the Town's
employees, agents, or representatives can use to turn off all power to the
Wireless Provider's Facilities while Town's work is performed at the location.
7.2 Within 24 hours of a request, agree to send a technician with an RF
monitor to confirm that all RF emitting equipment has, in fact, been deactivated,
and to install all appropriate lockout tags and devices.
8. MAINTENANCE AND UTILITIES.
Except as expressly provided below, Wireless Provider shall be solely responsible for
all maintenance, repair and utilities for the Use Areas during the term of an approved
License Agreement and associated Encroachment Permit(s). Without limitation, Wireless
Provider shall perform the following:
8.1 Maintenance by Town. Town has no maintenance or repair obligations
for the Communications Equipment or other Wireless Provider's Improvements.
34
8.2 Maintenance by Wireless Provider. Wireless Provider shall at all times
repair and maintain the Use Areas at Wireless Provider's sole expense in a first-
class, sound, clean, safe and attractive manner, meeting or exceeding the
manner of maintenance at first class comparable facilities in Maricopa County,
Arizona, as determined in Town's reasonable discretion. The preceding
sentence does not require Wireless Provider to repair or maintain Town's
facilities at the Use Area unless such work is attributable in whole or in part to
Wireless Provider's use of the Use Areas.
8.3 Utility Service. Wireless Provider shall contract for and pay all charges,
fees, deposits and other amounts for electricity and telephone and other data
communication service to the Use Areas at the rates applicable thereto.
Wireless Provider shall use no other utilities at the Use Areas, unless otherwise
authorized by Town.
8.4 Utility Interruptions. Town is not responsible for any interruption of
utilities to or upon the Use Areas or other difficulties related to utilities at the Use
Areas.
8.5 Right of Inspection. Town shall be entitled to inspect all construction,
reconstruction or installation work and to make such tests as it deems
necessary to ensure compliance with the terms herein and any applicable laws
and regulations. All Town plans reviews, inspections, standards and other rights
and actions with relation to Wireless Provider's Improvements are for Town's
sole and exclusive benefit and neither Wireless Provider nor any other person
shall rely thereon or have any rights related thereto. The preceding sentence
does not prevent Wireless Provider from relying on consents, permits or
approvals Town may grant based on Town's plans, reviews, and inspections.
This right of access is in addition to access rights for Town inspectors or other
employees and officers acting within their legal authority.
8.6 Construction Notification. Town may establish requirements for
Wireless Provider to notify nearby residents prior to construction.
8.7 Blue Stake. Wireless Provider shall register with and comply with the
local Blue Stake program.
9.BREACH BY WIRELESS PROVIDER.
Wireless Provider shall comply with, perform and do each obligation required of
Wireless Provider herein and shall cause all persons using the Use Areas through or
under Wireless Provider or these Terms to do the same. Wireless Provider's failure to
do so shall be a material breach by Wireless Provider of these Terms.
9.1 Events of Default. All License Agreements and Encroachment Permits
are approved upon the condition that each and every one of the following
events herein shall be deemed an "Event of Default" by Wireless Provider of
Wireless Provider's material obligations under these Terms:
35
9.1.1 If Wireless Provider shall be in arrears in the payment of
Use Fee and shall not cure such arrearage within ten (10) days after
Town has notified Wireless Provider of such arrearage.
9.1.2 If Wireless Provider shall fail to operate the
Communications Equipment (except during specific periods
expressly excused herein) for a period of five (5) consecutive days
or a total of thirty (30) days within any twelve (12) month period.
9.1.3 If Wireless Provider shall fail to maintain any insurance
required under these Terms. Notwithstanding the preceding
sentence, such failure shall not be a default if, within ten (10) days
after notice from Town, Wireless Provider provides to Town the
required insurance and the required evidence thereof. Such
insurance must cover the past for a period adequate that there is no
gap in the insurance coverage required by these Terms.
9.1.4 If the Wireless Provider's right to use a Utility Pole expires
or is terminated for any reason.
9.1.5 If Wireless Provider does not commence and diligently
pursue to completion each required stage of construction of the site
within the times required herein. The times specified for concluding
40
each stage of required construction have been established far
enough in advance, and have taken into account the likelihood of
construction delays, so that no cure period is provided.
9.1.6 If Wireless Provider shall be the subject of a voluntary or
involuntary bankruptcy, receivership, insolvency or similar
proceeding or if any assignment of any of Wireless Provider's or
such other person's property shall be made for the benefit of
creditors or if Wireless Provider or such other person dies or is not
regularly paying its debts as they come due (collectively a "Wireless
Provider Insolvency").
9.1.7 If the issuer of any letter of credit shall fail for any reason
to timely and fully honor any request by Town for funds or other
performance under the instrument and Wireless Provider fails to
cause the issuer, or some other person, to honor the request within
ten (10) days after Town notifies Wireless Provider that such
request has not been honored.
9.1.8 If Wireless Provider shall fail to obtain or maintain any
licenses, permits, or other governmental approvals pertaining to the
Right-of-way or timely pay any taxes pertaining to the Right-of-way
and does not cure such failure within thirty (30) days.
0
36
9.1.9 If Town shall be exposed to any liability, obligation,
damage, cost, expense, or other claim of any description, whether
or not asserted, unless Wireless Provider gives immediate notice to
Town of Wireless Provider's commitment to indemnify, defend and
hold Town harmless against such claim, and Wireless Provider
does in fact promptly commence and continue to indemnify, defend
and hold Town harmless against such claim.
9.1.10 If Wireless Provider shall fail to meet its obligations under
the RF Safety Paragraph.
9.1.11 If Wireless Provider shall engage in a pattern of repeated
failure (or neglect) to timely do or perform or observe any provision
contained herein. After Town has once given notice of any failure by
Wireless Provider to comply with its obligations set forth in these
Terms, the following shall constitute a repeated failure by Wireless
Provider to comply with such provision:
h. 9.1.11.1 Another failure to comply with any provision of these
Terms during the following thirty (30) day period.
i. 9.1.11.2 Three (3) or more failures to comply with any provision
of these Terms during any ninety (90) day period.
410 j. 9.1.11.3 Six (6) or more failures to comply with any provision of
these Terms during any twelve (12) month period.
9.1.12 If Wireless Provider shall fail to or neglect to timely and
completely do or perform or observe any other provisions herein
and such failure or neglect shall continue for a period of thirty (30)
days after Town has notified Wireless Provider in writing of such
failure or neglect.
9.2 Town's Remedies. Upon the occurrence of any Event of Default or at
any time thereafter, Town may, at its option and from time to time, exercise at
Wireless Provider's expense any or all or any combination of the following
cumulative remedies in any order and repetitively at Town's option:
9.2.1 Terminate the License Agreement or any or all
Encroachment Permits due to Wireless Provider's breach or for any
other reason, however, such termination does not terminate
Wireless Provider's obligations arising during the time simultaneous
with or prior to or the termination, and in no way terminates any of
Wireless Provider's liability related to any breach of these Terms.
9.2.2 Pay or perform, for Wireless Provider's account, in
Wireless Provider's name, and at Wireless Provider's expense, any
or all payments or performances required hereunder to be paid or
performed by Wireless Provider.
37
9.2.3 Abate at Wireless Provider's expense any violation of
these Terms.
9.2.4 Notwithstanding anything under these Terms to the
contrary, unilaterally and without Wireless Provider's or any other
person's consent or approval, draw upon, withdraw or otherwise
realize upon or obtain the value of any letter of credit, escrowed
funds, insurance policies, or other deposits, sureties, bonds or other
funds or security held by Town or pledged or otherwise obligated to
Town by Wireless Provider or by any third party (whether or not
specifically mentioned herein) and use the proceeds for any remedy
permitted by these Terms.
9.2.5 Require an additional security deposit adequate in Town's
sole discretion to protect Town and the Right-of-way.
9.2.6 Require that the Wireless Provider remedy any and all
violations and pay any and all outstanding fees in full (before
accepting applications for new Encroachment Permits).
9.2.7 Assert, exercise or otherwise pursue at Wireless Provider's
expense any and all other rights or remedies, legal or equitable, to
which Town may be entitled, subject only to the limitation set out
40 below on Town's ability to collect money damages in light of the
Violation Use Fee.
9.3 Violation Use Fee. Wireless Provider and Town agree that Wireless
Provider's failure to comply with the provisions herein will result in damages to
Town, including but not limited to expenses related to administrative costs, staff
time, field work and inspections, legal services, etc. Wireless Provider's failure
to comply with the provisions herein will result in damages in an amount that is
and will be impracticable to determine. Therefore, the parties have agreed that
Wireless Provider shall pay the Violation Use Fee set out below in accordance
with the following (the "Violation Fee Provisions"):
9.3.1 Violation Use Fee is only intended to remedy damages
that Town suffers because of Wireless Provider's breach of this
Agreement. Wireless Provider's payment of Violation Use Fee does
not in any way excuse any breach by Wireless Provider of these
Terms or limit in any way Town's obtaining any other legal or
equitable remedy provided by these Terms or otherwise for such
breach. For example, Wireless Provider's obligation to pay Violation
Use Fee does not in any way detract from Wireless Provider's
indemnity and insurance obligations under these Terms, which shall
apply according to their terms in addition to Wireless Provider's
obligation to pay Violation Use Fee.
38
9.3.2 Town may elect to draw upon the letter of credit to collect
the Violation Use Fee.
9.3.3 The Violation Fee Provisions and the amount of the
Violation Use Fee per day or part thereof are as follows:
9.3.3.1 The amount of Six Hundred Dollars
600.00) per day for Wireless Provider's failure to
properly restore the public Right-of-way or to correct
related violations of specifications, code, ordinance or
standards within ten (10) business days after Town's
notice to correct such defects. Such Violation Use Fee
shall be in addition to any cost the Town may incur to
restore the Right-of-way or correct the violation.
9.3.3.2 The amount of Five Hundred Dollars
500.00) per instance of any other action or non-action
by the Wireless Provider contrary to these Terms herein
and that is not cured after three (3) business days'
notice.
9.3.4 Violation Use Fees shall be assessed as follows:
9.3.4.1 If Town determines that Wireless Provider is
0 liable for Violation Use Fee, then Town shall issue to
Wireless Provider a notice of Town's assessing a
Violation Use Fee. The notice shall set forth the nature
of the violation and the amount of the assessment.
9.3.4.2 Wireless Provider shall pay the Violation Use
Fee within ten (10) days after Town's notice. However, if
the Violation Use Fee amount exceeds Five Thousand
Dollars ($5,000), then the following shall apply:
9.3.4.2.1 Wireless Provider shall have thirty (30)
days after the notice to pay the Violation
Use Fee or give Town notice contesting
the assertion of noncompliance.
9.4 Reimbursement of Town's Expenses. Wireless Provider shall pay to
Town within thirty (30) days after Town's demand any and all amounts
expended or incurred by Town in performing Wireless Provider's obligations
upon Wireless Provider's failure to perform the same after notice from Town)
together with interest thereon at the rate of twelve percent (12%) per annum
from the date expended or incurred by Town.
0 10. BREACH BY TOWN.
39
Notwithstanding anything in these Terms to the contrary, if Town at any time is
required to pay to Wireless Provider any amount or render any performance, such
amount or performance is not due until thirty (30) days after notice by Wireless
Provider to Town that the amount has become payable or that the performance is
due. In the event a cure cannot be effected during that period, Town shall not be in
default so long as Town commences cure during the period and diligently prosecutes
the cure to completion provided such cure must be completed within sixty (60) days
after the notice.
10.1 Right to Setoff and Credit. In addition to its other rights and remedies
Town shall have the right to setoff and credit from time to time and at any time,
any and all amounts due from Wireless Provider to Town, whether pursuant to
these Terms herein or otherwise, against any sum which may be due from
Town to Wireless Provider.
11. NON-WAIVER.
Wireless Provider acknowledges Wireless Provider's unconditional obligation to
comply with these Terms herein. No failure by Town to demand any performance
required of Wireless Provider under these Terms herein, and no acceptance by Town
of any imperfect or partial performances under these Terms herein, shall excuse such
performance or impair in any way Town's ability to insist, prospectively and
retroactively, upon full compliance with these Terms herein. No acceptance by Town
of Use Fee payments or other performances hereunder shall be deemed a
compromise or settlement of any right Town may have for additional, different or
further payments or performances as provided for in these Terms. Any waiver by
Town of any breach of condition or covenant herein contained to be kept and
performed by Wireless Provider shall not be deemed or considered as a continuing
waiver and shall not operate to bar or otherwise prevent Town from declaring a
default for any breach or succeeding or continuing breach either of the same condition
or covenant or otherwise. No statement, bill or notice by Town or Wireless Provider
concerning payments or other performances due hereunder, or failure by Town to
demand any performance hereunder, shall excuse Wireless Provider from compliance
with its obligations nor estop Town (or otherwise impair Town's ability) to at any time
correct such notice and/or insist prospectively and retroactively upon full compliance
with the License Agreement. No waiver of any description (INCLUDING ANY
WAIVER OF THIS SENTENCE OR PARAGRAPH) shall be effective against Town
unless made in writing by a duly authorized representative of Town specifically
identifying the particular provision being waived and specifically stating the scope of
the waiver. WIRELESS PROVIDER EXPRESSLY DISCLAIMS AND SHALL NOT
HAVE THE RIGHT TO RELY ON ANY SUPPOSED WAIVER OR OTHER CHANGE
OR MODIFICATION, WHETHER BY WORD OR CONDUCT OR OTHERWISE, NOT
CONFORMING TO THIS PARAGRAPH.
12. TERMINATION.
40
The following provisions shall apply at the expiration of the term or earlier termination
of each License Agreement and Encroachment Permit:
12.1 Surviving Obligations. Expiration or termination of a License Agreement
or Encroachment Permit does not terminate Wireless Provider's obligations
existing or arising prior to or simultaneous with, or attributable to, the
termination or events leading to or occurring before termination.
12.2 Delivery of Possession. Wireless Provider shall cease using the Use
Areas associated with the expired or terminated License Agreement or
Encroachment Permit. Wireless Provider shall, without demand, peaceably and
quietly quit and deliver up the Use Areas to Town thoroughly cleaned, in good
repair with the Use Areas maintained and repaired and in as good order and
condition, reasonable use and wear excepted, as the Use Areas now are or in
such better condition as the Use Areas may hereafter be placed.
12.3 Confirmation of Termination. Upon expiration or termination of a
License Agreement or Encroachment Permit for any reason, Wireless Provider
shall provide to Town upon demand recordable disclaimers covering the Use
Areas executed and acknowledged by Wireless Provider and by all persons
claiming through this License Agreement, Encroachment Permit or Wireless
Provider any interest in or right to use the Use Areas.
12.4 Removal of Improvements. Wireless Provider shall remove all
Communications Equipment and restore the Use Areas including Utility Pole,
mast arms, luminaires, or wireless support structure to its prior condition, or to a
condition matching Town's surrounding land and improvements, as directed by
Town, at Wireless Provider's expense prior to normal expiration of the term of a
License Agreement or Encroachment Permit; or within sixty (60) days after early
termination of a License Agreement or Encroachment Permit. Without limitation,
such work shall include revegetation and appropriate irrigation systems for
revegetated areas. Notwithstanding anything in the License Agreement and
these Terms to the contrary, Town may elect to require Wireless Provider to
leave any or all construction or other items (except the Communications
Equipment) in place, and all such items shall be owned by Town. Unless Town
directs otherwise, all wiring, pipes and conduits shall be left in good and safe
condition, in working order, with each end properly labeled and enclosed in
proper junction boxes.
12.5 Prior Improvements. This article also applies to any improvements that
Wireless Provider may have made to the Use Areas.
13. INSURANCE.
During the entire term of any License Agreement or Encroachment Permit, Wireless
Provider shall insure its property and activities at and about the Use Areas and shall
provide insurance and indemnification as follows:
41
13.1 Insurance Required. Not later than the date of this License Agreement,
and at all times thereafter when Wireless Provider is occupying or using the Use
Areas in any way, Wireless Provider shall obtain and cause to be in force and
effect the following insurance:
13.1.1 Commercial General Liability. Commercial general liability
insurance with a limit of Ten Million and No/100 Dollars
10,000,000.00) for each occurrence, a limit of Ten Million and
No/100 Dollars ($10,000,000.00) for products and completed
operations annual aggregate, and a limit of Ten Million and No/100
Dollars ($10,000,000.00) general aggregate limit per policy year.
The policy shall cover liability arising from premises, operations,
independent contractors, products, completed operations, personal
injury, bodily injury, advertising injury, and liability assumed under
an "insured contract" including this License Agreement. The policy
will cover Wireless Provider's liability under the indemnity provisions
set forth in these Terms. The policy shall contain a "separation of
insured's" clause.
13.1.2 Automobile Liability. Automobile liability insurance with a
limit of One Million Dollars ($1,000,000) for each occurrence
covering any and all owned, hired, and non-owned vehicles
assigned to or used in any way in connection with Wireless
Provider's use of the Right-of-way. Without limitation, such
insurance shall cover hazards of motor vehicle use for loading and
off loading.
13.1.3 Workers' Compensation. Such workers' compensation
and similar insurance as is required by law and employer's liability
insurance with a minimum limit of One Hundred Thousand Dollars
100,000) for each accident, One Hundred Thousand Dollars
100,000) disease for each employee, Five Hundred Thousand
Dollars ($500,000) policy limit for disease. All contractors and
subcontractors must provide like insurance.
13.1.4 Special Risk Property. Unless waived by Town in writing,
all risk property insurance covering damage to or destruction of all
real and personal improvements to the Right-of-way, including
without limitation, all improvements existing upon the Right-of-way
prior to this License Agreement or hereafter constructed in an
amount equal to full replacement cost of all such improvements.
Such insurance shall be special causes of loss policy form
minimally including perils of fire, lightning, explosion, windstorm,
hail, smoke, aircraft, vehicles, riot, civil commotion, theft, vandalism,
malicious mischief, collapse and flood). Coverage shall include
pollutant clean up and removal with minimum limits coverage of
Fifty-Thousand Dollars ($50,000.00).
42
13.1.5 Other Insurance. Any other insurance Town may
reasonably require for the protection of Town and Town's
employees, officials, representatives, officers and agents (all of
whom, including Town, are collectively "Additional Insureds"), the
Right-of-way, surrounding property, Wireless Provider, or the
activities carried on or about the Right-of-way. Such insurance shall
be limited to insurance a reasonable person owning, leasing,
designing, constructing, occupying, or operating similar facilities
might reasonably purchase.
13.2 Policy Limit Escalation. Town may elect by notice to Wireless Provider
to increase the amount or type of any insurance to account for inflation,
changes in risk, or any other factor that Town reasonably determines to affect
the prudent amount of insurance to be provided.
13.3 Form of All Insurance. All insurance provided by Wireless Provider with
respect to the Right-of-way, whether required in these Terms or not, shall meet
the following requirements:
13.3.1 "Occurrence" coverage is required.
13.3.2 If Wireless Provider uses any excess insurance then such
excess insurance shall be "follow form" equal to or broader in
coverage than the underlying insurance.
0 13.3.3 Policies must also cover and insure Wireless Provider's
activities relating to the business operations and activities
conducted away from the Right-of-way.
13.3.4 Within five (5) business days of receiving a written request
from the Town, Wireless Provider shall provide copies of insurance
certificates, insurance policies, formal endorsements or other
documentation acceptable to Town that all insurance coverage
required herein is provided.
13.3.5 Wireless Provider's insurance shall be primary insurance
with respect to claims arising out of Wireless Provider's operations,
activities and obligations set forth in these Terms.
13.3.6 All policies, including workers' compensation, shall waive
transfer rights of recovery (subrogation) against Town, and the other
Additional Insureds.
13.3.7 All deductibles, retentions, or "self-insured" amounts shall
be subject to the following:
13.3.7.1 Wireless Provider shall be solely responsible
4110 for any self-insurance amount or deductible.
43
13.3.7.2 Such amounts shall not exceed in total One
Hundred Thousand Dollars ($100,000.00) per loss. At
such times as Wireless Provider's net worth is more
than One Hundred Million Dollars ($100,000,000.00),
such limit shall be One Million and No/100 Dollars
1,000,000.00).
13.3.7.3 Any self-insured exposure shall be deemed
to be an insured risk under this License Agreement.
13.3.7.4 Wireless Provider shall provide to the
beneficiaries of all such amounts no less insurance
protection than if such self-insured portion was fully
insured by an insurance company of the quality and
caliber required hereunder.
13.3.7.5 The right to self-insure is limited and specific
to Wireless Provider and does not extend to Wireless
Provider's contractors or others.
13.3.8 All policies except workers' compensation must name
Town and the other Additional Insureds as additional insureds.
Wireless Provider shall cause coverage for Additional Insureds to
be incorporated into each insurance policy by endorsement with
respect to claims arising out of Wireless Provider's operations,
activities and obligations under the License Agreement.
13.3.9 All policies must require the insurer to provide Town with
at least thirty (30) days' prior notice of any cancellation. The
insurer's duty to notify Town of changes in coverage shall not
include phrases such as "endeavor to" or "but failure to mail such
notice shall impose no obligation or liability of any kind upon the
company, its agents or representatives."
13.3.10 All policies shall require that notices be given to Town in
the manner specified for notices to Town set forth in the License
Agreement and these Terms.
13.4 Insurance Certificates. Wireless Provider shall evidence all insurance
by furnishing to Town certificates of insurance annually and with each change in
insurance coverage. Certificates must evidence that the policy described by the
certificate is in full force and effect and that the policy satisfies each requirement
of these Terms applicable to the policy. For example, certificates must evidence
that Town and the other Additional Insureds are additional insureds. Certificates
must also be in an industry standard form reasonably acceptable to Town.
Wireless Provider shall provide updated certificates at Town's request.
13.5 Acceptable Insurers. All insurance policies shall be issued by insurers
acceptable to Town. At a minimum, all insurers shall be duly licensed (or
44
qualified unlicensed non-admitted insurer) by the State of Arizona, Department
of Insurance. At a minimum, all insurers shall have and maintain an A.M. Best,
Inc. rating of B++ 6.
13.6 No Representation of Coverage Adequacy. By requiring insurance
herein, Town does not represent that coverage and limits will be adequate to
protect Wireless Provider. Town reserves the right to review any and all of the
insurance policies and/or endorsements cited in these Terms but has no
obligation to do so. Failure to demand such evidence of full compliance with the
insurance requirements set forth in these Terms or failure to identify any
insurance deficiency shall not relieve Wireless Provider from, nor be construed
or deemed a waiver of, Wireless Provider's obligation to maintain the required
insurance at all times.
13.7 Risk of Loss. Wireless Provider assumes the risk of any and all loss,
damage or claims related to Wireless Provider's use of the Right-of-way or other
property of Town, Wireless Provider or third parties throughout the term of any
License Agreement or Encroachment Permit. Wireless Provider shall be
responsible for any and all damage to its property and equipment related to the
License Agreement or Encroachment Permit.
13.8 Insurance to be Provided by Others. Wireless Provider shall cause its
contractors or other persons occupying, working on or about, or using the Right-
of-way pursuant to these Terms to be covered by their own or Wireless
1110 Provider's insurance as required by these Terms. The required policy limits for
commercial general liability insurance provided by such persons shall be One
Million Dollars ($1,000,000) for each occurrence, One Million Dollars
1,000,000) for products and completed operations annual aggregate, and Two
Million Dollars ($2,000,000) general aggregate limit per policy year. This
paragraph does not apply to persons who do not actually perform physical labor
in the Right-of-way (such as Wireless Provider's consulting design engineers).
14. INDEMNITY.
In addition to all other indemnities and other obligations hereunder, to the fullest
extent permitted by law, throughout the term of any License Agreement or
Encroachment Permit and until all obligations and performances under or related to
the License Agreement (including these Terms) are satisfied and all matters
described in this Paragraph are completely resolved, Wireless Provider and all other
persons using, acting, working or claiming through or for Wireless Provider (if they or
their subcontractor, employee or other person or entity hired or directed by them
participated in any way in causing the claim in question) shall jointly and severally
indemnify, defend and hold harmless Town and all other Additional Insureds for, from
and against any and all claims or harm related to Wireless Provider's use of the Right-
of-way or the rights granted to Wireless Provider with respect to the Right-of-way or
Wireless Provider's exercise of its rights under these Terms (the "Indemnity"). Without
I limitation, the Indemnity shall include and apply to any and all allegations, demands,
judgments, assessments, taxes, impositions, expenses, proceedings, liabilities,
45
obligations, suits, actions, claims (including without limitation claims of personal injury,
bodily injury, sickness, disease, death, property damage, destruction, loss of use,
financial harm, or other impairment), damages, losses, expenses, penalties, fines or
other matters (together with all attorney fees, court costs, and the cost of appellate
proceedings and all other costs and expenses of litigation or resolving the claim) that
may arise in any manner out of any use of the Right-of-way or other property pursuant
to any License Agreement or Encroachment Permit or any actions, acts, errors,
mistakes or omissions relating to work or services in the performance of or related to
the License Agreement, including without limitation any injury or damages or cause of
action claimed or caused by any employees, contractors, subcontractors, tenants,
subtenants, agents or other persons upon or using the Right-of-way or surrounding
areas related to Wireless Provider's exercise of its rights under this License
Agreement, including without limitation, claims, liability, harm or damages caused in
part by Town or any other Additional Insured or anyone for whose mistakes, errors,
omissions or negligence Wireless Provider or Town may be liable (collectively,
Claims"). As a condition to Town's approval of any License Agreement or
Encroachment Permit, Wireless Provider specifically agrees that to the extent any
provision of this paragraph is not fully enforceable against Wireless Provider for any
reason whatsoever, this Paragraph shall be deemed automatically reformed to the
minimal extent necessary to cause it to be enforceable to the fullest extent permitted
by law. The Indemnity shall also include and apply to any environmental injury,
personal injury or other liability relating to Wireless Provider's use of real property
under the License Agreement or any Encroachment Permits. Notwithstanding the
foregoing, the Indemnity does not apply to Claims arising only from the sole gross
negligence or intentionally wrongful acts of Town or to Claims that the law prohibits
from being imposed upon the indemnitor.
15. CONDEMNATION.
The following shall govern any condemnation of any part of or interest in the Use
Areas and any conveyance to Town or another condemnor in avoidance or settlement
of condemnation or a threat of condemnation:
15.1 Termination for Condemnation. The Encroachment Permit for the Use
Area shall terminate on the date (the "Condemnation Date") that is the earlier of
the date title vests in the condemnor, or the date upon which the condemnor is
let into possession. Notwithstanding the foregoing, if Town reasonably
determines that the Use Areas continue to be suitable for Wireless Provider to
conduct the Permitted Uses, Town may elect to cause the Encroachment Permit
to continue to remain in effect as to the part of the Use Areas not taken and the
Use Fee shall not be reduced or abated. Nevertheless, if Wireless Provider
reasonably determines that the Use Areas are not suitable for Wireless Provider
to conduct the Permitted Uses, then the Encroachment Permit shall terminate.
15.2 Condemnation Proceeds. Wireless Provider hereby assigns and
transfers to Town Wireless Provider's entire interest in all condemnation
damages, interest, severance damages, and any other payments or proceeds of
any kind relating to the condemnation (collectively the "Condemnation
46
Proceeds"). Wireless Provider shall execute and deliver to Town assignments or
other instruments requested by Town confirming such assignment and transfer.
Wireless Provider shall immediately pay to Town any Condemnation Proceeds
Wireless Provider may receive. The Condemnation Proceeds shall not include
relocation benefits, if any, awarded specifically to Wireless Provider to cover
expenses of relocating Wireless Provider's business located at the Use Areas at
the time of the condemnation, or any compensation specifically awarded to
Wireless Provider for any taking of the Communications Equipment itself. Any
repair, relocation or similar costs relating to the Communications Equipment
shall be borne by Wireless Provider.
15.3 Power to Condemn. Wireless Provider acknowledges that Town and
others from time-to-time may use the power to condemn the Use Areas or any
interest therein or rights thereto. Town has not relinquished any right of
condemnation or eminent domain over the Use Areas. Town does not warrant
that Town will not condemn the Use Areas during the term of this License
Agreement, but Town does not presently have intentions to condemn the Use
Areas.
16. DAMAGE TO OR DESTRUCTION OF USE AREAS.
The following provisions shall govern damage to or destruction of the Use Areas by fire,
flood, explosion, the elements, the public enemy, or other casualty (collectively "Casualty
Damage"):
16.1 Damage to Wireless Provider's Improvements. Wireless Provider shall
commence restoring the Casualty Damage to Wireless Provider's
Improvements within thirty (30) days after any Casualty Damage occurs.
Wireless Provider shall complete the restoration work within thirty (30) days
after commencement. Such work shall be subject to the plans approval process
and all other requirements for Wireless Provider's Improvements. Wireless
Provider shall perform all restoration work at Wireless Provider's sole cost and
expense.
16.2 Monthly Restoration Work Report. Wireless Provider shall provide to
Town no later than the tenth day of each month a written narrative report of the
progress of the restoration work.
17. WIRELESS PROVIDER'S RECORDS.
During the entire term of any License Agreement, Wireless Provider shall keep
records and provide information to Town as follows:
17.1 Scope of Information. Unless otherwise specified, all of Wireless Provider's
recordkeeping and disclosure obligations under this article are limited to the
following (collectively the "Covered Information"):
47
17.1.1 The status of the construction, repair or restoration of
Wireless Provider Improvements.
17.1.2 Information indicating whether Town or Wireless Provider is
in compliance with the terms herein.
17.2 Records Inspection. At Wireless Provider's expense, Wireless Provider
shall:
17.2.1 Permit and assist Town and its representatives upon twenty-
one (21) days' notice to inspect, audit, and copy Wireless Provider's
records of Covered Information.
17.2.2 Make the records of Covered Information (and reasonable
accommodations for Town's audit and inspection) available to Town
at Wireless Provider's offices in Maricopa County, Arizona.
17.2.3 Cause Wireless Provider's employees and agents and
accountants to give their full cooperation and assistance in connection
with Town's access to the Covered Information.
17.3 Record Retention. Wireless Provider shall preserve records of the
Covered Information in a secure place at Wireless Provider's corporate
headquarters in the continental United States for a period ending seven (7) years
0 after the time period reported by the records.
17.4 Record Media Included. Town's and Wireless Provider's rights and
obligations regarding the Covered Information apply regardless of the type of
media, materials, or data repositories that may contain the Covered Information.
Town shall have access to Covered Information contained, without limitation, in
records, books, papers, documents, recordings, computer data, contracts, logs,
notes, ledgers, correspondence, reports, drawings, and memoranda, and any and
all other sources, records and repositories of Covered Information.
17.5 Reports. Wireless Provider shall deliver to Town written reports (and, if
requested by Town, a presentation to Town's governing council or designee)
covering such Covered Information as Town may request from time to time.
17.6 Standards for Records. Wireless Provider shall maintain a standard,
modern system of record keeping for the Covered Information and shall keep and
maintain proper and accurate books and other repositories of information relating
to the Covered Information.
18. COMPLIANCE WITH LAW.
Wireless Provider shall perform its obligations under the License Agreement
including these Terms ) and any Encroachment Permit in accordance with all federal,
state, county and local laws, ordinances, regulations or other rules or policies as are
48
now in effect or as may hereafter be adopted or amended. Without limiting in any way
the generality of the foregoing, Wireless Provider shall comply with all and each of the
following:
18.1 Applicability of Municipal Law. Without limitation, Wireless Provider
shall comply with municipal laws as follows:
18.1.1 Wireless Provider acknowledges nothing set forth herein
or by approval of a License Agreement or issuance of an
Encroachment Permit constitutes, and Town has not promised or
offered, any type of waiver of, or agreement to waive (or show any
type of forbearance, priority or favoritism to Wireless Provider with
regard to) any law, ordinance, power, regulation, tax, assessment or
other legal requirement now or hereafter imposed by the Town of
Fountain Hills or any other governmental body upon or affecting
Wireless Provider, the Use Areas, or the Street Parcel or Wireless
Provider's use of the Use Areas, the Street Parcel or the Right-of-
way.
18.1.2 All of Wireless Provider's obligations hereunder are in
addition to, and cumulative upon (and not to any extent in
substitution or satisfaction of), all existing or future laws and
regulations applicable to Wireless Provider.
18.1.3 Town by approving this License Agreement or any
Encroachment Permit cannot, and has not, relinquished or limited
any right of condemnation or eminent domain over the Right-of-way
or any other property related to the License Agreement or
Encroachment Permit, or within the Right-of-way.
18.1.4 The approval of this License Agreement or issuance of any
Encroachment Permit cannot and does not impair Town's, power to
enact, apply or enforce any laws or regulations, or exercise any
governmental powers affecting in any way Wireless Provider, the
Use Areas, the Street Parcel, or the Right-of-way.
18.1.5 Town's rights and remedies under this License Agreement
and any Encroachment Permit for Wireless Provider's failure to
comply with all applicable laws supplement and are in addition to
and do not replace otherwise existing powers of the Town of
Fountain Hills or any other governmental body.
18.1.6 Wireless Provider's rights under this License Agreement
and any Encroachment Permit are further subject to all present and
future building restrictions, regulations, zoning laws, and all
ordinances, resolutions, rules and orders of all bodies, bureaus,
commissions and bodies of any municipal, county, state, or federal
authority, now or hereafter having jurisdiction over the Use Areas or
49
Wireless Provider's use thereof. Wireless Provider shall comply with
all of the foregoing.
18.2 Radio Frequency Compliance Requirements. Wireless Provider shall
document, report and confirm its compliance with Federal Communications
Commission ("FCC") Radio Frequency Exposure Guidelines (FCC OET Bulletin
65) and all other applicable radio frequency emissions laws and regulations in
effect from time to time (collectively, the "FCC Rules") as follows:
18.2.1 Wireless Provider shall cause its senior internal engineer
responsible for compliance with the FCC Rules to deliver to Town a
written letter (the "RE Letter"), as follows:
18.2.1.1 The RF Letter shall attest that Wireless
Provider's operation of the Communications Equipment
is in compliance with the FCC Rules. A statement from
Wireless Provider declaring exemption from reporting to
FCC is not acceptable to comply with the requirements
of this paragraph.
18.2.2 Wireless Provider shall maintain records of radio
frequency measurements and Communications Equipment
performance in accordance with the FCC Rules.
18.2.3 Wireless Provider shall also evidence and demonstrate its
compliance with the FCC Rules in such manner and at such
intervals as the Town of Fountain Hills Zoning Ordinance and other
applicable laws and regulations may mandate.
18.3 Use Area Regulations. Town reserves the right to adopt, amend and
enforce against Wireless Provider rules and regulations governing the operation
of the Street Parcel, including the Use Areas, Wireless Provider's activities
therein and thereon, and the public areas and facilities used by Wireless
Provider in connection therewith.
18.4 Taxes, Liens and Assessments. In addition to all other amounts herein
provided and to the extent consistent with applicable law, Wireless Provider
shall pay, when the same become due and payable, all taxes and general and
special fees, charges and assessments of every description that during the term
of any License Agreement or Encroachment Permit may be levied upon or
assessed upon or with respect to Wireless Provider's use of the Right-of-way,
the operations conducted therein, any amounts paid or other performances
required by these Terms by either party, and all possessory interest in the
Right-of-way and Wireless Provider's improvements and other property thereon.
Wireless Provider shall pay, indemnify, defend and hold harmless Town from
any and all such obligations, including any interest, penalties and other
expenses which may be imposed, and from any lien therefor or sale or other
proceedings to enforce payment thereof.
50
18.5 Permits. Nothing in these Terms relieves Wireless Provider of the
obligation to obtain permits, licenses and other approvals from Town or other
units of government that are required for the erection, construction,
reconstruction, installation, operation or maintenance of the Communications
Equipment or provision of telecommunications services; or from compliance
with applicable municipal codes, ordinances, laws and policies, such as zoning
and land use ordinances and regulations, pavement cut and restoration
ordinances and regulations, subdivision and project improvement ordinances,
curb cut permits, building permits, Right-of-way permits, encroachment permits,
traffic control permits and the like.
19. ASSIGNABILITY.
The License Agreement or Encroachment Permit(s) are not assignable by Wireless
Provider (and any assignment shall be void and vest no rights in the purported
assignee) unless the assignment is made in strict compliance with the following:
19.1 Assignments Affected. Every assignment of any of Wireless Provider's
interest in the Right-of-way, the License Agreement, Encroachment Permit(s) or
these Terms or any of Wireless Provider's rights or interests hereunder is
prohibited unless Wireless Provider first receives from Town notice of Town's
consent to the assignment, where Town's consent to such assignment not to be
unreasonably withheld, conditioned, or delayed. All references in these Terms
to assignments by Wireless Provider or to assignees shall be deemed also to
apply to all of the following transactions, circumstances and conditions and to all
persons claiming pursuant to such transactions, circumstances and conditions:
19.1.1 Any voluntary or involuntary assignment, conveyance or
transfer of Wireless Provider's right to use the Right-of-way under
this License Agreement or any interest or rights of Town under this
License Agreement, in whole or in part.
19.1.2 Any voluntary or involuntary pledge, lien, mortgage,
security interest, judgment, claim or demand, whether arising from
any contract, any agreement, any work of construction, repair,
restoration, maintenance or removal, or otherwise affecting Wireless
Provider's rights to use the Right-of-way (collectively "Liens").
19.1.3 Any assignment by Wireless Provider of any interest in the
License Agreement or Encroachment Permit(s) for the benefit of
creditors, voluntary or involuntary.
19.1.4 A Wireless Provider Insolvency.
19.1.5 The occurrence of any of the foregoing by operation of law
or otherwise.
51
19.1.6 The occurrence of any of the foregoing with respect to any
assignee or other successor to Wireless Provider.
19.2 Pre-approved Assignments. Subject to certain conditions hereafter
stated, Town hereby consents to certain assignments (the "Pre-approved
Assignments"). Only the following assignments are Pre-approved Assignments:
19.2.1 Complete Assignment of License Agreement and
Encroachment Permits. Wireless Provider's complete assignment
of all of Wireless Provider's rights and Interests in the Right-of-way,
the approved License Agreement and all Encroachment Permits to
a single assignee who meets all of the following requirements, as
determined by Town in Town's reasonable discretion (a "Qualified
Operator"):
19.2.1.1 The assignee has experience, management,
credit standing and financial capacity and other
resources equal to or greater than Wireless Provider's
and adequate to successfully perform the obligations set
forth herein.
19.2.1.2 The assignee is experienced in the
management and operation of similar projects.
ID 19.2.1.3 The assignee assumes all of Wireless
Provider's obligations herein.
19.2.1.4 The assignee has a net worth of not less
than Fifty Million and No/100 Dollars ($50,000,000.00).
19.2.2 Stock Transfers. The transfer of publicly traded stock,
regardless of quantity.
19.2.3 Merger. The merger or consolidation of Wireless Provider
with another entity that is a Qualified Operator.
19.2.4 Common Ownership Transfer. Wireless Provider's
complete assignment of all of Wireless Provider's rights and
interests in the Right-of-way, the approved License Agreement and
Encroachment Permits to single assignee who is and remains a
wholly owned subsidiary of Wireless Provider's sole owner as of the
date of the License Agreement (or a wholly owned subsidiary of a
wholly owned subsidiary of Wireless Provider's sole owner as of the
date of the License Agreement).
19.3 Limitations on Assignments. Town's consent to any assignment,
including without limitation, Pre-approved Assignments, is not effective until the
kV following conditions are satisfied:
52
19.3.1 Except for the sale of stock, Wireless Provider shall
provide to Town a complete copy of the document assigning its
interests, or other such documentation acceptable to the Town.
19.3.2 Each assignee must execute an assumption of the License
Agreements and/or the Encroachment Permits in form acceptable to
Town.
19.3.3 Each Pre-approved Assignment must satisfy all other
requirements of these Terms pertaining to assignments.
19.4 Assignment Remedies. Any assignment without Town's consent shall
be void and shall not result in the assignee obtaining any rights or interests.
Town may, in its sole discretion and in addition to all other remedies available to
Town under these Terms or otherwise, and in any combination, terminate any
and all of the License Agreement and Encroachment Permits, collect Use Fees
from the assignee and/or declare the assignment to be void, all without
prejudicing any other right or remedy of Town under these Terms. No cure or
grace periods shall apply to assignments prohibited under these Terms or to
enforcement of any provision under these Terms against an assignee who did
not receive Town's consent.
19.5 Effect of Assignment. Prior to any effective assignment, each assignee
must execute an assumption of each License Agreement and Encroachment
IP Permit in the form attached hereto as Exhibit "C." No action or inaction by Town
shall be deemed a waiver of the prohibition on assignments or any other
provision herein, or the acceptance of the assignee, Wireless Provider or
occupant as Wireless Provider, or a release of Wireless Provider from the
further performance by Wireless Provider of the provisions of these Terms.
Consent by Town to an assignment shall not relieve Wireless Provider from
obtaining Town's consent to any further assignment. No assignment shall
release Wireless Provider from any liability hereunder.
19.6 Enforceability after Assignment. No consent by Town shall be deemed
to be a novation. Town's consent to any assignment does not in any way
expand or modify the terms set forth in these Terms or waive, diminish or
modify any of Town's rights or remedies under the License Agreement or any
Encroachment Permit. The terms set forth in these Terms shall be enforceable
against Wireless Provider and each successor, partial or total, and regardless of
the method of succession, to Wireless Provider's interest hereunder. Each
successor having actual or constructive notice of the License Agreement, these
Terms or any Encroachment Permit shall be deemed to have agreed to the
preceding sentence.
19.7 Grounds for Refusal. Except for the Preapproved Assignments, no
assignment of the License Agreement or any Encroachment Permit by Wireless
Provider is contemplated or bargained for. Without limitation, Town has the right
IPto impose upon any consent to assignment such conditions and requirements
as Town may deem appropriate.
53
19.8 Consent to Assignments. Wireless Provider shall attach to each Pre-
approved Assignment a copy of Wireless Provider's notice to Town of the Pre-
approved Assignment and other required documents. Wireless Provider shall
attach to each other assignment, a copy of Town's notice to Wireless Provider
of Town's consent to the assignment. These Terms shall continue to be
enforceable according to its terms in spite of any provisions of any documents
relating to an assignment.
19.9 Assignment Fee. Wireless Provider shall pay to Town in advance the
sum of Five Hundred Dollars ($500) as a nonrefundable fee for legal,
administrative and other expenses related to every Pre-approved Assignment
other than the sale of publicly traded stock) or to any request for a consent to
assignment, whether or not Town grants such request.
20. MISCELLANEOUS.
The following additional provisions apply to these Terms:
20.1 Amendments. These Terms may not be amended except by a formal
writing executed by all of the parties.
20.2 Dates. Any reference to a year shall refer to a calendar year unless a
fiscal year is specifically stated. Sunday, Saturday and Arizona legal holidays
are holidays for purposes of the License Agreement and issued Encroachment
Permits.
20.3 Time of Essence. Time is of the essence of each and every provision of
the License Agreement and issued Encroachment Permits.
20.4 Severability. If any provision of these Terms shall be ruled by a court or
agency of competent jurisdiction to be invalid or unenforceable for any reason,
then:
20.2.1 The invalidity or unenforceability of such provision shall not
affect the validity of any remaining provisions of these Terms.
20.2.2 These Terms shall be automatically reformed to secure to
the parties the benefits of the unenforceable provision, to the
maximum extent consistent with law.
20.5 Conflicts of Interest. No officer, representative or employee of Town
shall have any direct or indirect interest in the License Agreement or any
Encroachment Permit, nor participate in any decision relating to the License
Agreement or any Encroachment Permit that is prohibited by law.
Notwithstanding the foregoing, pursuant to A.R.S. § 38-511, the Town of
Fountain Hills may cancel the License Agreement or any Encroachment Permit,
without penalty or further obligation, if any person significantly involved in
54
initiating, negotiating, securing, drafting or creating the License Agreement or
associated Encroachment Permits on behalf of the Town is, at any time while
the License Agreement or Encroachment Permits is in effect, or any extension
thereof, an employee, agent or consultant to Wireless Provider in any capacity.
20.6 No Partnership. The transactions and performances contemplated
hereby shall not create any sort of partnership, joint venture or similar
relationship between the parties.
20.7 Nonliability of Officials and Employees. No official, representative or
employee of Town shall be personally liable to any party, or to any successor in
interest to any party, in the event of any default or breach by Town or for any
amount which may become due to any party or successor, or with respect to
any obligation of Town or otherwise under the terms of any License Agreement
or related to any License Agreement or Encroachment Permit.
20.8 Notices. Notices hereunder shall be given in writing delivered to the
other party or mailed by registered or certified mail, return receipt requested,
postage prepaid or a national overnight express courier (such as Federal
Express or UPS) to the addresses set forth in the License Agreement and to the
Town as follows:
If to Town: Town of Fountain Hills
16705 E. Avenue of the Fountains
II Fountain Hills, AZ 85268
Attn: Town Manager
Copy to: Town of Fountain Hills
16705 E. Avenue of the Fountains
Fountain Hills, AZ 85268
Attn: Development Services Director
0
55
Town of Fountain Hills
0 16705 E. Avenue of the Fountains
Fountain Hills, AZ 85268
Attn: Town Attorney
By notice from time to time, a person may designate any other street address
within Maricopa County, Arizona as its address for giving notice hereunder.
Service of any notice (i) if by registered or certified ail shall be deemed to be
complete three (3) days (excluding Fridays, Saturday, Sunday and legal
holidays) after the notice is deposited in the United States mail or (ii) if by
overnight courier upon receipt.
20.9 Construction. Whenever the context of these Terms requires herein the
singular shall include the plural, and the masculine shall include the feminine.
20.10 Funding. This subparagraph shall control notwithstanding any provision
of the License Agreement or any exhibit or other agreement or document
related hereto. If funds necessary to fulfill Town's obligations under the License
Agreement or any Encroachment Permit are not appropriated by the Town of
Fountain Hills Town Council, Town may terminate the License Agreement or
any Encroachment Permit, by notice to Wireless Provider. Town shall use best
efforts to give notice of such a termination to Wireless Provider at least thirty
30) days prior to the end of Town's then current fiscal period. Termination in
accordance with this provision shall not constitute a breach of the License
Agreement or Encroachment Permit byTown. No person will be entitled to any
compensation, damages or other remedy from Town if the License Agreement
or any Encroachment Permit is terminated pursuant to the terms of this
subsection.
20.11 Paragraph Headings. The paragraph headings contained herein are for
convenience in reference and not intended to define or limit the scope of any
provision of the License Agreement.
20.12 No Third Party Beneficiaries. No person or entity shall be a third party
beneficiary to the License Agreement or shall have any right or cause of action
hereunder. Town shall have no liability to third parties for any approval of plans,
Wireless Provider's construction of improvements, Wireless Provider's
negligence, Wireless Provider's failure to comply with the provisions of these
Terms (including any absence or inadequacy of insurance required to be carried
by Wireless Provider).
20.13 Exhibits. All Exhibits specifically stated to be attached hereto as
specified herein are hereby incorporated into and made an integral part of the
License Agreement for all purposes.
20.14 Attorneys' Fees. If any action, suit or proceeding is brought by either
0 party hereunder to enforce the License Agreement or any issued Encroachment
Permit or for failure to observe any of the covenants of the License Agreement,
56
these Terms or any issued Encroachment Permit, or to vindicate or exercise
any rights or remedies hereunder, the prevailing party in such proceeding shall
be entitled to recover from the other party such prevailing party's reasonable
attorneys' fees and other reasonable litigation costs (as determined by the court
and not a jury) in such proceeding).
20.15 Approvals and Inspections. All approvals, reviews and inspections by
Town are for Town's sole benefit and not for the benefit of Wireless Provider, its
contractors, engineers or other consultants or agents, or any other person.
20.16 Legal Workers. If and to the extent A.R.S. § 41-4401 is applicable,
Wireless Provider shall comply with laws regarding workers as follows:
20.16.1 Wireless Provider warrants to Town that Wireless Provider
and all its subcontractors will comply with all federal immigration
laws and regulations that relate to their employees and that
Wireless Provider and all its subcontractors now comply with the E-
Verify Program under A.R.S. § 23-214(A).
20.16.2 A breach of the foregoing warranty by Wireless Provider
shall be deemed a material breach of the License Agreement and
any issued Encroachment Permit that is subject to penalties up to
and including termination of this License Agreement and any issued
Encroachment Permits.
20.16.3 Town retains the legal right to inspect the papers of any
employee of Wireless Provider or any subcontractor who works on a
Use Area pursuant to License Agreement and any Encroachment
Permit to ensure that they or the subcontractor is complying with the
warranty given above.
20.16.4 Town may conduct random verification of Wireless
Provider's and its subcontractors' employment records to ensure
compliance with the warranty given above.
20.16.5 Wireless Provider shall indemnify, defend and hold Town
harmless for, from and against all losses and liabilities arising from
any and all violations of the warranty given above.
57
EXHIBIT A
le TOWN'S DESIGN GUIDELINES]
See following pages
58
vx'tAINxjl
z fl
that tio0i
2018
Town of Fountain Hills
Small Wireless Facilities in the Right-of-Way
Design Standards & Guidelines
59
Town of Fountain Hills
Design Standards, Concepts and Requirements
Small Wireless Facilities in the Right-of-Way
Table of Contents
Table of Contents 60
Definitions 62
Small Wireless Facility on Existing Streetlight 65
Small Wireless Facility on Traffic Signal Pole 68
Small Wireless Facility on Existing Utility Pole 71
Common Standard Design Concepts, Requirements and Details 76
Town of Fountain Hills Contacts 83
Exhibit Al
Calculation Points for Height of an Existing Streetlight with Separated Luminaire Mast Arm ..... 84
Exhibit A2
Calculation Points for Height of an Existing Streetlight with Integrated Luminaire Mast Arm 85
IL Exhibit B
Calculation Points for Height of Existing Traffic Signal Pole 86
Exhibit C
Dog House— Cable Transition from Underground to Electric Utility Pole 87
Exhibit D1
Antenna Shrouds—45 Degrees 88
Exhibit D2
Antenna Shrouds —90 Degrees 89
Exhibit D3
Unacceptable Visible Cables 90
Exhibit El
Examples of Electrical Meter Pedestals—"Myers" or"Milbank" Style 91
Exhibit E2
Ground Equipment Screening Examples 92
Exhibit E2
Ground Equipment Screening Examples (continued) 93
Exhibit F
Cannister Antenna 94
60
Exhibit G
Larsen Camouflage Examples 95
411
61
Definitions
Standard Design Requirements for Small Wireless Facility
Antenna" means communications equipment that transmits or receives
electromagnetic radio frequency signals and that is used in providing wireless services.
Antenna Mounting Bracket" means the hardware required to secure the antenna to
the pole.
Antenna Mounting Post" means the vertical post or pipe that the antenna mounting
bracket is mounted to in order for the antenna to be attached to the pole.
Antenna Shroud" means the three-sided cover that is mounted at the base of the
antenna to conceal the appearance of the cables and wires from the hand-hole port
on the pole to the bottom-fed antenna.
Canister Antenna" means the canister or cylinder style housing used to conceal the
antenna(s), amplifier(s), radio(s), cables, and wires at the top of a pole.
Communications Equipment" means any and all electronic equipment at the Small
Wireless Facility location that processes and transports information from the antennas
to the Wireless Provider's network.
1w• Dog House" means the plastic or metal attachment to the base of a pole that covers
the transition point of underground cables and wires to the vertical section of the
pole.
Ground Mounted Equipment" means any communications equipment that is
mounted to a separate post or to a foundation on the ground.
Light Emitting Diode" also referred to as "LED" is a type of lighting fixture installed
on Town streetlight and traffic signal poles.
Light Fixture" means the lighting unit or luminaire that provides lighting during the
evening hours or during the hours of darkness.
Luminaire Mast Arm" means the horizontal post that attaches the light fixture to the
streetlight pole or traffic signal pole.
Omni-directional Antenna" also referred to as an "omni antenna" this antenna is
round in shape, like a pipe, and may be about one (1) inch diameter up to about six
6) inches diameter.
Outside Diameter" also referred to as "OD" means the points of measurement,
using the outer edges of a pole, pipe or cylinder.
62
Panel Antenna" means the style of antenna that is rectangular in shape and with
dimensions that are generally four (4) feet to eight (8) feet in height, by eight (8)
inches to twelve (12) inches wide, and four (4) inches to nine (9) inches deep.
Remote Radio Heads (RRH) / Remote Radio Units (RRU)" means the electronic
devices that are used to amplify radio signals so that there is increased performance
farther distance) of the outgoing radio signal from the antenna.
Right-of-way" as defined for wireless sites in A.R.S. §9-591(18) means the area on,
below or above a public roadway, highway, street, sidewalk, alley, or utility easement.
Right-of-way does not include a Federal Interstate Highway, a state highway or state
route under the jurisdiction of the Department of Transportation, a private easement,
property that is owned by a special taxing district, or a utility easement that does not
authorize the deployment sought by the wireless provider.
Sight Distance Easements" means the area of land adjacent to an intersection,
driveway or roadway that has restrictive uses in order to preserve the view of
oncoming or crossing vehicular and pedestrian traffic by drivers in vehicles
attempting to merge with traffic or enter a roadway.
Sight Visibility Triangles" means the traffic engineering and safety concept that
requires clear view by the driver of a vehicle to crossing traffic at a stop sign,
driveway or intersection. In order to achieve clear visibility of the cross traffic, the
land areas in the sight visibility triangle has specific maximum heights on
landscaping, cabinets, and other potential view obstructions.
Signal Head" means the "Red, Yellow and Green" light signals at a signal-controlled
intersection.
Signal Head Mast Arm" means the horizontal pole that has the signal heads
mounted to it and attaches to the traffic signal pole.
Small Wireless Facility" as defined in A.R.S. 9-591(19), means a Wireless Facility that
meets both of the following qualifications:
a) All antennas are located inside an enclosure of not more than six (6) cubic feet
in volume or, in the case of an antenna, that has exposed elements, the antenna
and all of the antenna's exposed elements could fit within an imaginary enclosure of
not more than six (6) cubic feet in volume.
b) All other wireless equipment associated with the facility is cumulatively not
more than twenty-eight (28) cubic feet in volume, or fifty (50) cubic feet in volume if
the equipment was ground mounted before the effective date of this section. The
following types of associated ancillary equipment are not included in the calculation
of equipment volume pursuant to this subdivision:
i) An electric meter.
ii) Concealment elements.
63
iii)A telecommunications demarcation box.
0 iv)Grounding equipment.
v) A power transfer switch.
vi)A cutoff switch.
vii) Vertical cable runs for the connection of power and other services.
Stealth and Concealment Elements" means the use of shrouds, decorative
elements, design concepts and faux elements so that a small wireless facility can be
designed to blend in with the surrounding streetscape with minimal to any visual
impact.
Utility Pole" as defined in A.R.S. §9-591(21) means a pole or similar structure that is
used in whole or in part for communications services, electric distribution, lighting or
traffic signals. Utility pole does not include a monopole.
0
64
411. Town of Fountain Hills
Standard Design Requirements
Small Wireless Facility on Existing Streetlight
The following design standards shall apply, in addition to the Common Standards
Design Concepts, Requirements and Details that is included in this document, to a
Small Wireless Facility (SWF) proposed for a location with an existing Town-owned or
third party-owned streetlight in the Town of Fountain Hills Right-of-way (ROW). These
design standards are not exhaustive and the Town, as the owner, keeper and manager
of the ROW retains the right to modify or adjust the requirements on a case-by-case
basis.
A. Pole Criteria:
1. Purpose of Streetlight Pole: The primary purpose of the pole shall remain as
a pole structure supporting a streetlight luminaire and related streetlight
fixtures used to provide lighting to the Town ROW. The attachment of
wireless equipment to an existing streetlight pole or to a replacement pole
that impedes this primary purpose will not be approved.
2. General Requirement:
a) An SWF shall be designed to blend in with the surrounding streetscape with
minimal to any visual impact.
b) A replacement pole shall match the Town of Fountain Hills standard
streetlight pole for the location in which it is installed, as closely as possible,
subject to more specific criteria below.
c) As specified in Section 6.14 of the Town of Fountain Hills's Wireless Facilities
Standard Terms and Conditions, for each individual pole type or style used to
support the wireless equipment, one spare replacement pole shall be
provided by the wireless provider to Town in advance so the pole can be
replaced promptly in case of a knockdown.
d) All plans shall be signed and sealed by a Professional Engineer licensed in
the State of Arizona.
e) All other details in the Town of Fountain Hills street light design standards
shall apply.
3. Specific Criteria:
a) New or Replacement Pole Height
A new or replacement pole may be installed without zoning review if one of
the two height requirements is met:
1) Up to a ten (10) foot increase, not to exceed fifty (50) feet total (whichever
is less), subject to the additional limitations in A.R.S. §9-592(I); or
2) Up to forty (40) feet above ground level, per A.R.S.§9-592(J).
110
65
b) Overall Height of Replacement Pole
1) The "base" height of an existing streetlight pole shall be the height of the
vertical pole section from the existing grade. The height of the luminaire
mast arm, if higher than the vertical pole section, shall not be used to
determine the new overall height of the replacement pole.
2) If the antennas are the highest vertical element of the site, then the new
overall height of the replacement pole is measured from the existing grade
to the top of the canister, top of the omni-directional antenna, or the top of
the panel antenna.
c) Increase in Outside Diameter (OD) of Pole
The non-tapered replacement pole outside diameter (OD) of the base section
shall be equal to the top section, and the OD shall not exceed eight and five-
eights (8-5/8) inches (the pole manufacturing industry standard OD for an 8
inch diameter pole) or a 100% increase in diameter of the original pole,
whichever is less.
d) Luminaire Mast Arms
1) All luminaire mast arms shall be the same length as the original luminaire
arm, unless the Town requires the mast arm to be different (longer or
shorter) based upon the location of the replacement pole.
2) Unless otherwise approved, all luminaire mast arms shall match the arc (if
applicable) and style of the original luminaire arm.
3) The replacement luminaire mast arm shall be at the same height above
the ground as the existing luminaire.
e) Luminaire Fixtures
1) All replacement poles shall have the Town standard light-emitting diode
LED) light fixture installed.
2) All replacement light fixtures shall have a new Town standard photo-cell or
sensor provided by the wireless provider.
f) Pole Foundation
1) All pole foundations shall conform to the Town's adopted standards and
specifications on streetlight design and shall be modified for wireless
communications equipment and cables.
2) The Town, in its sole discretion, may require the pole foundation design to
be "worst case" for all soil conditions.
3) A separate, one-inch diameter conduit shall be installed in the pole
foundation for the Town's luminaire wire and any additional Town wires or
cables. The Town's conduit shall be trimmed to three (3) inches above
411, the top of the pole foundation.
66
4) The height of the pole foundation shall be two (2) inches above finished
410 grade. If the pole foundation encroaches into any portion of the sidewalk,
then the pole foundation shall be flush with the sidewalk.
5) Shrouds for the streetlight pole mounting bolts may be required for the
replacement pole.
g) Painting of Replacement Pole
1) If the replacement pole is an unpainted galvanized pole, the pole shall not
be painted or have a finish unless otherwise specified by the Town.
2) For powder coated type poles, the wireless provider shall replace with
same powder coated color and/or color combination per Town of Fountain
Hills street light design standards or as otherwise required by the Town to
minimize visual impact.
h) Painting Antennas and Mounting Equipment
1) All antenna mounting brackets and hardware, antenna mounting posts,
cables, shrouds and other equipment mounted on a new or replacement
unpainted galvanized pole shall be painted Sherwin Williams "Web Grey"
SW7075) color or equivalent, unless specified otherwise by the Town.
2) All antenna mounting brackets and hardware, antenna mounting posts,
cables, shrouds and all other equipment mounted on a painted new or
0 replacement pole shall be painted a color specified by the Town.
i) Wireless provider shall install pole numbers on each replacement pole (to
match the number on the existing streetlight pole being replaced) per Town of
Fountain Hills street light design standards.
67
Town of Fountain Hills
Standard Design Requirements
Small Wireless Facility on Traffic Signal Pole
The following design standards shall apply, in addition to the Common Standards
Design Concepts, Requirements and Details included in this document, to a Small
Wireless Facility (SWF) proposed for a location with an existing Town-owned traffic
signal in the Town of Fountain Hills Right-of-way (ROW). These design standards are
not exhaustive and the Town, as the owner and manager of the ROW retains the right
to modify or adjust the requirements on a case-by-case basis.
A. Pole Criteria:
1. Purpose of Traffic Signal Pole: The primary purpose of the traffic signal pole
shall remain as a pole structure supporting a traffic signal and related
streetlight fixtures used to provide traffic control and lighting to the Town
ROW. The attachment of wireless equipment to a new or replacement traffic
signal pole that impedes this primary purpose will not be approved.
2. General Requirement:
a) An SWF shall be designed to blend in with the surrounding streetscape with
minimal to any visual impact.
b) A replacement pole shall match the Town of Fountain Hills standard traffic
signal pole, as closely as possible, subject to more specific criteria below.
c) As specified in Section 6.14 of the Town of Fountain Hills's Wireless Facilities
Standard Terms and Conditions, for each individual pole type or style used to
support the wireless equipment, one spare replacement pole shall be
provided by Company to Town in advance so the pole can be replaced
promptly in case of a knockdown.
d) All plans shall be signed and sealed by a Professional Engineer licensed in
the State of Arizona.
e) All other details in the Town of Fountain Hills traffic signal design standards
shall apply.
3. Specific Criteria:
a) New or Replacement Pole Height
A new or replacement pole may be installed without zoning review if one of
the two height requirements is met:
1) Up to a ten (10) foot increase, not to exceed fifty (50) feet total (whichever
is less), per A.R.S. §9-592(I); or
2) Up to forty (40) feet above ground level, per A.R.S. §9-592(J).
b) Overall Height of Replacement Pole
The height of the replacement pole is measured from grade to the top of the
antenna canister or the top of the panel antennas if the antennas are the
highest elements.
68
c) Increase in Outside Diameter (OD) of Pole
1) If the replacement pole is a taper design, the diameter of the base section
of the replacement pole OD shall not exceed twelve (12) inches or a 100%
increase in the OD of the base section, whichever is less.
2) If the replacement pole is non-tapered, then the diameter of the base
section shall be equal to the top section and the OD shall not exceed
twelve (12) inches or a 100% increase, whichever is less.
d) Signal Head Mast Arms
1) The traffic signal head mast arms shall be the same length as the
original signal head mast arm unless the Town requires the mast arm to
be different (longer or shorter) based upon the location of the replacement
pole.
2) All signal head mast arms shall match the arc (if applicable) and style of
the original signal head mast arm.
e) Luminaire Mast Arms
1) All luminaire mast arms shall be the same length as the original luminaire
arm unless the Town requires the mast arm to be different (longer or
shorter) based upon the location of the replacement pole.
2) All luminaire mast arms shall match the arc (if applicable) and style of the
original luminaire arm.
f) Signal Heads
1) All existing signal heads shall be replaced, at no cost to Town, with new
light-emitting diode (LED) signal heads, per Town of Fountain Hills traffic
signal design standards.
2) All signal heads shall be procured from a Town approved signal heads
supplier or manufacturer.
g) Luminaire Fixtures
1) All replacement poles shall have the Town standard LED light fixture
installed.
2) All replacement light fixture shall have a new photo-cell or sensor
installed to Town standard.
h) Other Town Elements on Signal Mast Arm or Pole
All existing emergency signal detection units, video detection cameras, video
cameras, cross walk service buttons, cross walk signals, and any other
pedestrian or traffic devices shall be replaced with new units by wireless
provider and installed at no cost to the Town. All equipment shall be procured
from a list of Town approved suppliers.
i) Signs and Other Misc.
All street name plates or signs, directional signs and any other Town
69
approved signs shall be replaced with new signs at no cost to the Town. All
40 signs and attachments shall be procured from a list of Town approved
suppliers.
j) Traffic Signal Pole Foundation
1) All pole foundations shall conform to the Town's standards and
specifications on traffic signal pole design and shall be modified for
wireless communications equipment, hand holes and cables.
2) The wireless provider shall install a three (3) inch diameter (OD) conduit in
the pole foundation for the Town's cables and wires for the signal heads,
luminaire and devices on the signal mast arm and luminaire mast arm.
The Town's conduit shall be trimmed to three (3) inches above the top of
the pole foundation.
3) In addition to the conduits for the Town's use inside the pole, the wireless
provider shall install one of the two options for its cables and wires:
a) One, six (6) inch diameter (OD) conduit in the pole foundation; or
b) Two, four (4) inch diameter (OD) conduits in the pole foundation. The
length of the conduit shall extend from the pole foundation to six (6)
inches above the signal head mast arm.
4) Pole Foundation — Height Above Ground Level
a) If the pole foundation is in a landscaped or unimproved area, the
a. height of the caisson shall be two (2) inches above finished grade.
However, if the pole foundation is adjacent to or within a sidewalk or
ramp, the height of the pole foundation shall be flush with the surface
of the immediate area.
b) Shrouds for the traffic signal pole mounting bolts may be required for
the replacement pole.
k) Painting of Pole, Antennas and Mounting Equipment
1) Specifications on paint color and painting process are provided in the
Town of Fountain Hills traffic signal design standards.
2) For powder-coated traffic signal poles, the wireless provider shall replace
with same powder-coated color and/or color combination, or as otherwise
specified by the Town.
I) Construction of Traffic Signal
The installation work of the replacement traffic signal pole, including mast
arms, signal heads and devices, must be performed by a Arizona licensed
Traffic Signal Contractor with a minimum of five (5) years of experience
installing traffic signals.
40
70
0 Town of Fountain Hills
Standard Design Requirements
Small Wireless Facility on Existing Utility Pole
The following design standards shall apply, in addition to the Common Standards
Design Concepts, Requirements and Details that is included in this document, to a
Small Wireless Facility (SWF) proposed for a location with an existing third party-owned
utility pole in the Town of Fountain Hills Right-of-way (ROW). These design standards
are not exhaustive and the Town, as the owner, keeper and manager of the ROW
retains the right to modify or adjust the requirements on a case-by-case basis.
A. Pole Criteria:
1. Purpose of Utility Pole: The primary purpose of the pole shall remain as a pole
structure supporting a cables and wires used to provide communications services
and electric distribution in the Town ROW. The attachment of wireless
equipment to an existing third party-owned utility pole that impedes this primary
purpose will not be approved.
2. General Requirement:
a) An SWF shall be designed to blend in with the surrounding streetscape with
minimal to any visual impact.
b) A SWF mounted on an existing third party-owned utility pole is subject to
more specific criteria below.
c) All plans shall be signed and sealed by a Professional Engineer licensed in
the State of Arizona.
3. Specific Criteria:
a) Replacement Pole Height
A replacement pole may be installed without zoning review if one of the two
height requirements is met:
1) Up to a ten (10) foot increase, not to exceed fifty (50) feet total (whichever
is less), per A.R.S. §9-592(I); or
2) Up to forty (40) feet above ground level, per A.R.S.§9-592(J).
b) Overall Height of Replacement Utility Pole
1) The "base" height of an existing utility pole shall be the height of the
vertical pole section from the existing grade.
2) If the antennas are the highest vertical element of the site, then the new
overall height of the replacement pole is measured from the existing grade
to the top of the canister or the top of the panel antenna.
c) Use of Existing Pole — Wood
0
71
1) An existing wood pole used for a SWF shall have the antennas contained
within an eighteen (18) inch (OD) canister mounted at the top of the pole.
2) Unless otherwise approved, the cables and wires from the base of the
pole to the antennas shall be installed in a conduit or cable chase outside
of the pole, facing away from the street or away from on-coming traffic.
3) If a "dog house" (see Exhibit C) is required as a transition point connecting
the underground cables and wires from the ground mounted equipment to
the pole, the Town shall provide the maximum size, dimension and shape
of the dog house on a case-by-case basis.
d) Use of Existing Pole — Metal
1) An existing metal pole used for a SWF shall have the antennas contained
within an eighteen (18) inch (OD) canister mounted at the top of the pole.
2) Panel antennas on a metal pole shall have the same "RAD center" (center
of radiation) so the antennas will be at the same height on the pole.
3) The cables and wires from the base of the pole to the antennas shall be
installed inside of the pole.
e) Painting of Pole and Dog House
1) If the replacement pole is an unpainted galvanized pole, the pole shall not
be painted or have a finish unless otherwise specified by the Town.
2) If the existing or replacement pole includes a dog house for the transition
of the cables and wires to the pole, the dog house shall be painted the
same color as the pole or a color specified by the Town.
f) Painting Antennas and Mounting Equipment
1) All antenna mounting brackets and hardware, antenna mounting posts,
cables, shrouds and other equipment mounted on a new or replacement
unpainted galvanized pole shall be painted Sherwin Williams "Web Grey"
SW7075) color or equivalent, unless specified otherwise by the Town.
2) All antenna mounting brackets and hardware, antenna mounting posts,
cables, shrouds and all other equipment mounted on a painted new or
replacement pole shall be painted a color specified by the Town.
3) If the antenna is mounted on a wood pole, the color of the antenna,
antenna canister, mounting brackets and posts, shrouds and cable chases
shall be painted a color specified by the Town that will closely match the
color of the wood.
g) Ground Mounted Equipment
The Town may require the ground-mounted wireless equipment to be
screened or concealed to reduce the visual impact to the surrounding area.
The screening or concealment shall take into account the location of the site,
the use of the immediate area, and the existing aesthetic elements
surrounding the site.
72
Town of Fountain Hills
Standard Design Requirements
Wireless Facility on New Structures in ROW
The following design standards, in addition to the Common Standards Design
Concepts, Requirements and Details that are included in this document, shall apply to a
Wireless Facility that a wireless provider may install in the ROW that is not: 1) a
replacement pole for an existing streetlight, 2) a replacement pole for an existing traffic
signal or 3) a replacement pole for an existing utility pole.
The new wireless support structure, monopole or utility pole (the "New Structure") shall
incorporate the highest level of stealth and concealment of the antennas and wireless
equipment in order to minimize the visual impact of the site to the public.
A. Pole Criteria:
1. Purpose of the New Structure: The sole purpose of a new vertical element is to
attach antennas for the provision of wireless services by a wireless provider in
the Town's ROW.
2. General Requirement:
a) The New Structure shall be designed to minimize the visual and aesthetic
impact of the new vertical element and associated equipment upon the look,
feel, theme, and use of the surrounding area.
b) A wireless facilityshall be designed to blend in with the surrounding9
streetscape and/or landscape with minimal to no adverse visual impact.
c) The New Structure shall be architecturally integrated and compatible with the
use of the surrounding area.
d) The height of the New Structure cannot exceed the maximum allowed height
of the zoning district that the site is proposed.
e) All plans shall be signed and sealed by a Professional Engineer licensed in
the State of Arizona.
3. Specific Criteria:
a) New Structure Height. A New Structure may be installed without zoning
review if one of the two height requirements are met, see A.R.S. §9-592(I)
and A.R.S. §9-592(J):
1) A.R.S. §9-592(I) states that the small wireless facility in the ROW is not
subject to zoning review and approval in Section 9-594 if the utility pole
does not exceed the greater of either:
i. Ten feet in height above the tallest existing utility pole, other than
a utility pole supporting only wireless facilities, that is in place on
the effective date of this section, that is located within five
hundred feet of the new, replacement or modified utility pole and
73
that is in the same right-of-way within the jurisdictional boundary
of the authority, but no more than fifty feet above ground level.
ii. Forty feet above ground level.
2) A.R.S. §9-592(J) states that new small wireless facilities collocated on a
utility pole or wireless support structure in the right-of-way are not subject
to zoning review and approval if they do not extend more than ten feet
above the utility pole or wireless support structure and do not exceed fifty
feet above ground level.
b) Setbacks. Any New Structure subject to zoning review shall comply with all
Town fall and setback requirements, including a 100% setback from all
property lines, occupied structures, public roadways and sidewalks.
c) Overall Height of New Structure. The height of the New Structure is
measured from existing grade to the highest point of the New Structure.
d) Stealth and Concealment Elements
1) New Structures shall be located in areas where they can blend into the
existing built and natural environment, where existing landscape elements
may assist with concealing the structure from view, and where the addition
of the structure will least affect the view sheds from neighboring
properties.0 2) Depending upon the location of the New Structure and the character of the
neighboring area, the Town may require additional landscaping to be
installed in connection with the Town's approval of the application. The
additional landscaping may include trees, mature vegetation, natural
features or hardscaping.
3) The Wireless Provider shall conceal all equipment within a faux cactus
structure, similar to the 22' to 40' tall Larsen Camouflage design (see
Exhibit G) or as otherwise approved by the Town.
i. New Structures thus concealed shall comply with standard
details, such as dimensions, colors and materials similar to
existing faux cactus installations in the Town.
4) As part of the stealth and concealment elements of the New Structure, the
Town may require the wireless provider to install street name plates,
directional signs, and other decorative signs or artistic elements on the
structure.
5) The wireless provider is solely responsible for the cost of all stealth and
concealment elements and the installation of other elements required by
the Town.
6) The wireless provider is responsible for the performance of and any costs
incurred for regular upkeep, maintenance and replacement (if necessary)
of these stealth and concealment elements.
74
e) Architectural Integration with Surrounding Area
4110 1) The New Structure shall be designed in consultation with various internal
Town stakeholders and may include external stakeholders.
2) The Town may require the New Structure to be constructed of a
specific material or specific design that will enhance the stealth and
concealment of the site.
f) Foundation
1) The foundation for the New Structure, if required, shall conform to civil and
structural engineering standards acceptable to the Town, with design
modifications for wireless communications equipment and cables.
2) Unless otherwise stated herein, the height of the New Structure foundation
shall be two (2) inches above finished grade. However, if the New
Structure foundation is adjacent to or within a sidewalk or ramp, the height
of the pole foundation shall be flush with the surface of the immediate
area.
3) Shrouds for the pole mounting bolts may be required.
4) If the New Structure is concealed as a faux cactus installation, the
structure shall be installed to appear as part of the natural environment,
and shall not be located on existing concrete such as sidewalks or curbs,
nor shall concrete be placed around the base of the facility except as
needed to anchor and support the structural elements of the structure. All
such concrete and anchor devices shall be shielded from view by earth,
rocks, decomposed granite and landscaping as required by the Town.
g) Painting
1) The Town shall identify the paint colors, location of paint and any
decorative work that may be painted onto the New Structure or ground
equipment.
2) If visible, the Town shall identify the paint colors for the antennas, antenna
mounting brackets and posts, antenna shrouds, and cables.
3) The Town may require the New Structure or ground equipment to be
painted using a powder-coat or other process.
h) Ground Mounted Equipment
The Town may require the ground-mounted wireless equipment to be sited
and screened or concealed to reduce the visual impact to the surrounding
area. The screening or concealment shall take into account the location of
the site, the use of the immediate area, and the existing aesthetic elements
surrounding the site.
75
Town of Fountain Hills
Small Wireless in the ROW
Common Standard Design Concepts, Requirements and Details
The following standard design requirements shall be applied to all new small wireless
facilities in the Town's ROW, whether for a small wireless facility to be installed on an
existing or replacement streetlight pole, an existing or replacement traffic signal pole, an
existing or replacement utility pole, or on a New Structure.
A. Pole Design & Installation
1. Replacement Pole Clearances — Underground Utilities
All ground-mounted electrical equipment shall maintain minimum horizontal
clearance from underground utilities.
Clearance from water lines shall be at least six (6) feet.
Clearance from sewer lines shall be at least six (6) feet.
Clearance from telecommunications shall be at least one (1) foot.
Clearance from cable television lines shall be at least one (1) foot.
Clearance from all other underground infrastructure shall be at least six (6)
feet.
1110
a) The Town, in its sole discretion, may grant a variance, upon approval by the
Town Engineer, from these horizontal separation distances on a case-by-
case basis. The approval of a variance is dependent factors specific to the
site.
b) In the case where there is an issue with horizontal separation from other
underground utilities, the wireless provider may elect to work with the
impacted utility to have lines, pipes or property moved so that minimum
clearance is achieved. All relocation of Town-owned or a privately-owned
utility shall be at the sole expense of the wireless provider.
2. Calculating the Base Height of an Existing Pole
The base height, from which the calculation of the "increase in pole height" is
referenced for determining the overall pole height, shall be calculated as follows:
a) Streetlight Pole (see Exhibit Al and A2)
1) A streetlight with a separate luminaire mast arm mounted to the vertical
pole shall use the top of the vertical pole as the base height.
2) A streetlight, with the luminaire mast arm integrated (e.g. telescopic style
pole) into the top vertical section of the pole, shall use the point on the
pole where the mast arm is connected plus twenty-four (24) inches as the
base height.
b) Traffic Signal Pole (see Exhibit B)
A traffic signal pole with a luminaire mast arm that is mounted above the
76
signal head mast arm to the pole shall use the top of the vertical portion of the
pole as the base height.
3. Replacement Pole Clearance — Original Streetlight Pole or Traffic Signal Pole
The minimum distance of the replacement pole from the original pole location
shall be sixty (60) inches or more so that construction can occur safely. The
Town may change this minimum distance on a case-by-case basis.
4. Replacement Pole Clearances — Sidewalks
The new or replacement pole shall maintain twelve (12) inch minimum clearance
distance from sidewalks. The Town, in its sole discretion, may increase that
minimum clearance on a case-by-case basis to ensure the safe use of the
sidewalk and adjacent area.
5. Sight Distance Easements (SDE) and Sight Visibility Triangles (SVT)
All new and replacement poles shall be installed in a location that does not impair
or interfere with SDE or SVT safety requirements as reasonable determined by
the Town.
6. Cables, Wires and Jumpers
a) All cables for the wireless equipment and antennas — except where such
cables or wires attach to the ports in the antenna — shall be located inside a
conduit, inside the caisson, or inside the pole, as appropriate. There shall not
be any "dog house" or externally visible conduit or entry point of the cables
unless specified by the Town.
b) All cables for the wireless equipment and antennas shall exit the pole or
conduit at a location, behind the antenna shroud, and shielded from view. It
is the intent of the Town that the cables shall not be visible.
1) See Exhibit D1 for examples of appropriately shielded cables.
2) See Exhibit D2 for examples of unacceptable cabling.
c) All electrical wires for the streetlight luminaire, traffic signal heads, and any
Town device on the pole shall be new and connected to the existing power
source.
7. Hand-holes
a) All hand-hole locations shall be called out on the plans.
b) All hand-holes near antennas shall have the top of the hand-hole no lower
than the bottom height of the antennas.
c) The bottom of the hand-hole should not exceed six (6) inches below the
bottom of the antenna.
8. Wireless Facility Identification Information
77
a) A four (4) inch by six (6) inch Radio Frequency Safety notice may be mounted
no less than twenty-four (24) inches from the bottom of the antenna, facing
away from traffic.
b) The wireless provider may place on the pole a discreet site identification or
number. The size, color and location of this identifier shall be determined by
the Town.
c) The Town, as specified in the Wireless Facilities Standard Terms and
Conditions, may require the wireless provider to place on the pole, in a
discreet but accessible location, the telephone number of wireless provider's
network operations center.
d) No wireless provider signs may be placed on a streetlight, traffic signal pole,
wireless support structure, or a new or replacement pole except to the extent
required by local, state or federal law or regulations.
9. Interference with Town Wireless Network
The Town has, or may have in the future, certain wireless devices in a network
that connects traffic signals, community centers, water sites, and other locations
for the Town's proprietary use. The selection of a location for a wireless site
shall consider the potential interference of the Town's wireless network with RF
from a wireless provider's proposed site.
10. Cable Chase and Dog Houses
The Town, in its sole discretion, shall determine if an exterior cable chase and
dog house are aesthetically compatible with the pole and immediate area. The
materials and paint color of the cable chase and dog house shall be determined
on a case-by-case basis.
B. Removal of Original Pole, Equipment and Pole Foundation
1. Removal of Original Signal Pole, Mast Arm, Signal Heads and Luminaire
a) The Town shall determine what original components, (e.g., original pole, mast
arm, signal heads and luminaire, etc.) shall be delivered by the wireless
provider, at no cost to the Town, to a location specified by the Town.
b) If the Town accepts some of the original components, then only those
components shall be delivered by the wireless provider to the Town and the
remaining components shall be discarded by the wireless provider.
2. Removal of Original Streetlight or Traffic Signal Pole Foundation
The concrete pole foundation for the original streetlight or traffic signal pole shall
be removed by the wireless provider as instructed by the Town:
a) Partial Removal
The original pole foundation shall be taken back to a level that is twelve (12)
inches below existing grade and covered with four (4) inches of one-half (1/2")
III inch to three (3/4") quarter inch rock materials. The remaining eight (8)
inches shall be native soil.
78
b) Complete Removal
If the entire original pole foundation must be removed, then all materials
concrete, rebar, metals, bolts, etc.) shall be removed. The Town's Inspector
shall determine, on a case-by-case basis, the type of backfill material and
compaction required — ranging from native soil that is compacted to a half
1/2) sack slurry for the entire depth, or a combination of native soil and
slurry.
C. Antennas, RRH/RRU, Cables and Mounting on Pole:
1. General Requirement: All antennas shall be installed in a manner that minimizes
the visual impact to the general public. In order to minimize the visual impact,
wireless providers should use canister antennas, where possible and appropriate
unless the Town's stealth and concealment requirements indicate otherwise. See
Exhibit F. All work shall be performed in a professional manner that is consistent with
the highest standards of workmanship.
2. Specific Criteria:
a) Antenna Mounting Posts and Brackets
1) All panel antennas shall be mounted directly to the pole or onto a
mounting pole so that the distance from the "face" of the streetlight pole to
the back of the antenna does not exceed nine (9) inches.
2) All mounting posts shall be trimmed so that the poles do not extend higher
than the top of the antenna or protrude lower than the antenna unless
necessary to install the shroud.
3) All pole attached wireless equipment must be a minimum ten (10) feet
from the sidewalk elevation.
b) Panel Antennas
1) All panel antennas for a small cell site shall fit within an imaginary
enclosure of not more than six (6) cubic feet in volume in accordance with
A.R.S. §9-591(19)(a). (NOTE: This volume does not include antenna
cable shrouds when required.)
2) All panel antennas with exposed cables from the bottom of the antenna
shall have a shroud installed on the antenna or antenna mounting posts to
conceal the cables. (see Exhibits D1 and D2)
a. The type of shroud may be a forty-five (45) degree angle (away from
the bottom of the antenna; toward the pole) or a ninety (90) degree
angle (parallel to the bottom of the antenna) depending on the location
of the site.
b. The shroud shall extend from the bottom of the antenna to two (2)
inches below the bottom of the nearest hand-hole.
c) Canister Antennas
11110
79
1) All canister antennas shall fit within an imaginary enclosure of not more
0 than six (6) cubic feet in volume. (Note: This volume does not include the
canister as it is a stealth device and not the antenna.)
2) The canister shall be no larger than eighteen (18) inches in diameter (OD).
3) All canister antennas shall be located in a canister that is mounted to a
base plate at the top of the vertical section of the replacement pole.
4) All cables protruding from the canister shall be concealed within the
canister or by a shroud at the point where the canister is mounted to the
base plate.
d) Remote Radio Heads (RRH) / Remote Radio Units (RRU)
Under State Law §9-591(19)(a), the RRH/RRU is not considered part of the
antenna. If allowed, the RRH/RRU shall be calculated as part of "All other
wireless equipment associated with this facility..." in A.R.S. §9-591(19)(b) that
is subject to the twenty-eight (28) cubic feet maximum size for small cell sites.
1) On a case-by-case basis, the Town in its sole discretion and — upon
reviewing the landscape in the immediate surrounding area, the location of
the pole, and stealth options, may allow a site to have an RRH/RRU
installed on the pole.
D. Ground-mounted Equipment:
General requirement: All ground-mounted equipment shall be installed in a mannerLi.that minimizes the visual and ingress/egress impact to the general public. All work
shall be performed in a professional manner that is consistent with the highest
standards of workmanship.
2. Specific criteria:
a) Sight Distance Easements (SDE) and Sight Visibility Triangles (SVT)
All ground-based wireless equipment shall be installed in a location that does
not impair or interfere with SDE or SVT safety requirements. To ensure
proper sight distance, all Town of Fountain Hills Traffic Engineering Standard
Details shall apply.
b) Ground Equipment Location — Generally
All ground-based wireless equipment, including but not limited to equipment
cabinets or power pedestals, shall be placed as far as practical to the back of
the ROW while maintaining at least three (3) feet of ingress/egress in the
ROW or public utility easement (PUE) around the equipment.
c) Ground Equipment Clearances—Underground Utilities
1) All ground-mounted electrical equipment shall maintain minimum
horizontal clearance from below-ground utilities:
Clearance from water lines shall be at least six (6) feet.
Clearance from sewer lines shall be at least six (6) feet.
80
Clearance from telecommunications shall be at least one (1) foot.
0 Clearance from cable television lines shall be at least one (1) foot.
Clearance from all other underground infrastructure shall be at least six
6) feet.
2) The Town, in its sole discretion, may grant a variance upon approval from
the Town Engineer, from these horizontal separation distances on a case-
by-case basis. The approval of a variance is dependent on factors
specific to the site.
i 3) In the case where there is an issue with horizontal separation from other
underground utilities, the wireless provider may elect to work with the
impacted utility to have its lines, pipes or property moved so that minimum
clearance is achieved. All relocation work of Town-owned or a privately-
owned utility shall be at the sole expense of the wireless provider.
d) Ground Equipment Clearance — Sidewalks
The ground equipment shall maintain a minimum twelve (12) inch clearance
distance from sidewalks. The Town, in its sole discretion, may increase the
minimum clearance on a case-by-case basis to ensure the safe use of the
sidewalk and adjacent area.
11, e) Compliance with Height Requirements
Evidence or documentation that, where the above-ground structure is over
thirty-six (36) inches in height, given its proposed location, the structure will
comply or be in compliance with applicable Town of Fountain Hills planning
and zoning ordinances.
f) Screening of Ground Equipment
The Town requires that ground-mounted equipment be screened; the type of
screening materials and design will be addressed on a case-by-case basis.
See Exhibit E2 for general screening examples that the Town may consider
on a case by case basis.
1) In cases when screening is not possible, the Town may specify the
location, orientation or paint color of the ground-mounted equipment.
2) Town may require ground-mounted equipment to be located underground
except for the electricity meters, kill switches, etc.).
g) Decals and Labels
1) All equipment manufacturers' decals, logos and other identification
information shall be removed unless required for warranty purposes.
2) The wireless provider of the site may place an "Emergency Contact" or
Network Operations Center" decal or emblem to the ground equipment.
0 3) The ground-mounted equipment shall not have any flashing lights, sirens
81
or regular noise other than a cooling fan that may run intermittently.
h) Equipment Cabinets on Residential Property
1) Residential Single-Family Lot
The Wireless Equipment and Ancillary Equipment listed in A.R.S. §9-
591(19)(b) shall not exceed thirty-six (36) inches in height in the front yard
of a residential single-family zoned property.
2) Air-conditioning Units
Unless otherwise specified by Town, a wireless equipment cabinet with
air-conditioning (not a fan only) shall be enclosed by walls and setback a
minimum of fifteen (15) feet from lots where the existing or planned
primary use is a residential single-family dwelling.
i)Electric Company Meter
1) All electric company meters shall be installed in the ROW or PUE. The
location of the meter equipment shall have minimum ingress and egress
clearance from private property lines and driveways.
2) All electric company meters shall maintain minimum clearance from
above-ground utility cabinets and below-ground utilities.
3) All electric company meters shall be installed in a location that does
not impair or interfere with the SDE or SVT safety requirements of the
Town.
4) The electric company meters shall be screened or contained within a
Myers-type" or "Milbank-type" pedestal cabinet that is painted to match
the ground equipment or as specified by the Town. (see Exhibit E)
5) In the case where screening is not required, the Town may specify the
paint color of the electric company meter cabinet on a case-by-case basis.
82
Town of Fountain Hills Contacts
For questions regarding the 2018 Town of Fountain Hills Design Standards,
Concepts & Requirements for Wireless Facilities in the Right-of-Way, contact:
Town of Fountain Hills Development Services Director:
Robert Rodgers
480-816-5138
1
1
ill
83
0
Exhibit Al
Calculation Points for Height of an Existing Streetlight with Separate Luminaire Mast Arm
ip.7„,,,
r f , i y/;a
rram,-° • . a p
M
141
The purple line next to the streetlight
depicts the section of the existing1 i 1
ri
streetlight pole that shall be used to
calculate the height of the existing
q pole. The lines are not to scale and
II I.,
are solely used for illustrative
purposes.
a
ro.r k -fin...
a
l
5
ji til
s i',
Yg cS t ,,flk"i3
r
k,:,. a, 414 a ',J ,,#sd Y i.am,. .a a±.nm
ww._ '
84
Exhibit A2
Calculation Points for Height of an Existing Streetlight with Integrated Luminaire Mast Arm
The"Connection Point"on an
Existing Telescopic Style
Streetlight Pole with an Integrated
as;.o-aror.& r<mv«Wimae.; r,14.a,.-' k,.rMv
Luminaire Mast Arm
nA
e •
S
f
The top and Bottom Points on
a telescopic Streetlight Pole to •""
Calculate the Verticle Height
of the Existing Streetlight
Pole
Plus
Twenty-four(24) inches
85
0
Exhibit B
Calculation Points for Height of Existing Traffic Signal Pole
The Top and Bottom
Points on a Traffic Signal
i Pole to Calculate the
Base Vertical Height of
the Existing Pole
ff
ram
r:.
10
86
Exhibit C
0 Dog House—Cable Transition from Underground to Electric Utility Pole
4 'JOY f‘ig',' ,';,4";;-,?-;:',:4",''?,- -Y" 444,.,,w0:,:, , ' 7.,,-,, , -,',
5',:
c''''*'
I'''::;
t:::%'i/c':'
s:
6''
4:
1::,
b:'';',,,'',')",",100...,.....,....''''''''''''''://''''''''''
Ime'f ' i f is '
a ,
r `
A y ,p y i F„'q y`
External cable chase
the cables and
wires are mounted
underneath the
chase. Algite
f It 2, I II 1 ' -,410 ii
1,
s 1
i, ! ,i4,14,44,, . , is, ,
Ns,
1 . . . le
40
0 1it,„,..
i,
p ,6,.'fit,a' 4
4,
r$,„
a w r sH c t, E nk
Dog House"with external
cable chase installed at the e."
R
base of a pole to cover the s '
a
cables and wires when they ,,#ee''
cannot be installed inside
the utility pole.
87
Exhibit D1
10 Antenna Shrouds—45 Degrees
S , 'icy w
x •
2a 9 Q
Gk t ''•'AxQ
of
CA
fir I
f ms
Ali
t -
z
I
4.
41ter...,.........
i'4-,',,,,'-.. C.%4•'S'i*,*,,
1,',.^..li wry. ..•_.....
ter-_
11
88
Exhibit D2
Antenna Shrouds—90 Degrees
k
d t
rk a,•z '.•. z r ama
1
ikl4A*;;;67 i4$41.:tt,
4 r T
yj
a
T D d j
l• a 3Eb i b rs c
r
7 1 7
ice
89
Exhibit D3
Unacceptable -Visible Cables
ems•
at.r
90
0 Exhibit E 1
Examples of Electrical Meter Pedestals—"Myers"or"Milbank" Style
n d• '
w,roA- sw
wa "saw..,e , ce<x, ",, nn.,d---
a r, - r> ,„,,.,st
Ot*\\*
t
by
Rya
1,,,).,::
1"' ''''
r 1"""""
111,t,
1
Sa c
i .. i
Rr y'
Ire., ft A«
1471.,,,,,'",P, . =14.,'6,.*''' tlot- '4V01..)' 4"Oti':',i. tk3:*'-'..." ,r4t.',..'
dtvitk;itp.„:„;.,:fih„ -0 ,‘„Ii.,;,11. ,,„7 4,,,,.',...f:t.„:: .. '%."141#.7s. ._ ' h .wort 4-. 1....r ..as *I,
II
91
Exhibit E2
Ground Equipment Screening Examples
A00
f
i
111116,01aferilk 111**,4erot . ,,, . •,
III
r. .. _
r,,..„.:,„....
r.,-
r „.„,„,.,,,,,,,,„:„,..,„.„,,y,,,,,,,,--,,,-„,-,,,,,,,,,,,,:,
I
Fr; i's
0
92
Exhibit E2
Ground Equipment Screening Examples (continued)
ter
4;
a . St
s,
E tea. t
W
T
11 , :+-
AA
e
r1
93
Exhibit F
Canister Antenna
kt
94
Exhibit G
L7117t5ON
4110 A oe, 4 A.
A
A.AotIrAt;
Saguaros
The need for concealed sites is also prevalent in the desert southwest region. To servemp bthisseil,
w
need
we have developed a Saguaro Cactu .Utilizingan RF-friendly, naturalistic looking
al,le to position antenna panels not only in the hollow shell of the upper main trunk.butalsoeintheindividualarms. This offers grenter flexibility in terms ofmultiple panels per sector,
horizontal separation,and centerline height.
OurSaguaros range from 10-40 feet tall,housing one to two antenna arrays. Scars,woodpecker
holes thousands ofpainted needles enhance the realism.
Even the birds can't tell the diff41411100
PHOENIX 77018-1 429462v3
95
EXHIBIT B
0 LETTER OF CREDIT FORMS AND INSTRUCTIONS]
See following pages
IP
0
96
Wireless Facility Irrevocable Letter of Credit Template
iiiw
Instructions:
The following four (4) pages contain the template for an irrevocable letter of
credit relating to wireless facilities to be located within Town rights-of-way.
Throughout the document there are blank spaces into which should be
inserted the wireless facility provider name, bank name and letter of credit
document name. Please insert this information where requested.
The irrevocable letter of credit number may not be available when the initial
submission of the draft language for review is made. This can be inserted
later when the letter is actually issued by the named financial institution.
Submit the draft irrevocable letter of credit, together with to
the Town's Development Services Director.
The issuer of the irrevocable letter of credit shall be a federally-insured
financial institution, a member of the New York Clearing House Association or
another commercial bank or trust company satisfactory to the Town, having a
net worth and financial wherewithal also satisfactory to the Town.
As a reminder, any assurance submitted in a format other than the approved
letter of credit template is subject to review by the Town Attorney and Town
Development Services Director and may not be accepted.
0
97
FORM OF WIRELESS FACILITY LETTER OF CREDIT
INSERT BANK NAME]
INSERT LETTER OF CREDIT DOCUMENT NAME]
20
Letter of Credit No. Initial Expiration Date:
Town of Fountain Hills
16705 E. Avenue of the Fountains
Fountain Hills, AZ 85268
Attn: Small Cell Administrator
At the request and for the account of our customer, [Insert Wireless Facility
Provider name], a(n) Provider"), [Insert
Bank Name] ("us", "we" or "Bank"), hereby establishes, in favor of Town of
Fountain Hills, an Arizona municipal corporation ("Town"), this clean,
irrevocable and unconditional [Insert Letter of Credit Document Name]
Letter of Credit"). This Letter of Credit authorizes you to draw on us in
amounts which in the aggregate shall not exceed the Stated Amount (herein
so called) of Dollars
We hereby engage with you that draft(s) drawn and
presented in compliance with the terms contained in this Letter of Credit will
be duly honored upon presentation as stated above, on or before the
expiration date hereof.
You may obtain the funds available under this Letter of Credit by presentment
to us of your sight draft or drafts drawn on us in the form set forth as Exhibit
A" hereto, accompanied by copies of the original of this Letter of Credit and
amendment(s) thereto, if any. Within ten (10) days after we honor your draft,
you must make the original of this Letter of Credit available to us in Maricopa
County, Arizona upon which we may endorse our payment.
Drafts may be presented by any of the following means:
By telefax to (
By email to
By hand or overnight courier service delivery to:
This address must be in
Maricopa County, Arizona.]
Cor By hand or overnight courier service delivery to:
98
This address need not be in
41, Maricopa County, Arizona]
This Letter of Credit is valid until 201_ and shall
thereafter be automatically renewed for successive one (1) year periods,
unless, at least one hundred twenty (120) days prior to expiration, we notify
you in writing, by either registered or certified mail, that we elect not to renew
the Letter of Credit for such additional period. In the event of such notification,
any then unused portion of the Letter of Credit shall be available upon your
presenting to us your draft on or before the then- current expiration date.
If cancellation of this Letter of Credit is required before the expiry date stated
herein (which may be extended from time to time either automatically as
stated in Item 4 immediately above or by written amendment by us and
acceptance by you), the original of this Letter of Credit and amendment(s)
thereto, if any, must be returned to us accompanied by your letter requesting
cancellation in the form attached hereto as Exhibit "B". This letter of credit
may also be reduced upon our receipt of a reduction certificate, the form of
Exhibit "B".
You may draw the full amount of this Letter of Credit or only part of it from
time to time, in your discretion; provided, that the total of all drafts honored by
us under this Letter of Credit shall not exceed the Stated Amount available to
you under this Letter of Credit.
Unless otherwise expressly stated herein, this Letter of Credit is subject to the
Uniform Customs and Practice for Documentary Credits (2007 Revision),
International Chamber of Commerce Publication No. 600.
Very truly yours,
Insert Bank Name]
By:
Name:
Its:
99
EXHIBIT A
Drawn Under [Insert Bank Name]
Insert Letter of Credit Document Name] No.
U.S.) 20_
To: [Insert Bank Name]
Drawn under [Insert Bank Name] [Insert Letter of Credit Document Name] No.
I am the Development Services Director, and a duly authorized representative, of Town of
Fountain Hills, an Arizona municipal corporation(the"Town"),the beneficiary of[Insert
Bank Name] [Insert Letter of Credit Document Name] No. and
hereby certify that the amount drawn hereunder represents funds currently due the Town
under separate agreement(s)with [Insert Name of Provider].
Accordingly,please pay to the Town Dollars($
Please make payment to the Town in the form of a wire deposit to:
If such deposit cannot be accomplished immediately for any reason, please make your
payment in the form of a cashier's check issued by your institution and delivered to me
at 16705 E Avenue of the Fountains Fountain Hills, AZ 85268, Attn: Development
Services Director.
If there is any imperfection or defect in this draft or its presentation, please inform me
immediately at (480) 816-5122 so that I may correct it. Also, please immediately notify
the Town Attorney.
TOWN OF FOUNTAIN HILLS
By:
Name:
Its: Development Services Director
tor
100
EXHIBIT B
Date:
and
Ref: Letter of Credit No.
As parties to the above referenced Letter of Credit, we request that the following action(s)be taken as
evidenced by our initials and signatures below:
Please initial:
Reduce the amount from U.S. $ to
U.S. $
Extend the expiration date from
to
Cancel this Letter of Credit effective immediately.
Enclosed herewith are the original Letter of Credit documents, including the
amendment(s), if any,thereto.
1111 Note: If any of these documents are not included with this letter,you must specify
each missing document and explain the reason why it is not being returned.)
Town of Fountain Hills, an
Arizona municipal corporation
By:
Name:
Title:
a(n)
By:
Name:
Title:
41111
100
EXHIBIT C
0
FORM OF ASSIGNMENT]
See following pages
1111
101
Assumption Of Wireless Facility License Agreement
This assumption is made pursuant to Paragraph 19 of the Town of Fountain Hills Wireless Facilities
Standard Terms and Conditions ("Terms"), incorporated by reference into that certain Wireless
Facility License Agreement (the "License Agreement") between Town of Fountain Hills, an Arizona
municipal corporation ("Town") and a
Wireless Provider") dated 20
a Assignee"), having acquired the
rights of the Wireless Provider under the License Agreement, hereby assumes the License
Agreement, agrees to be bound thereby, and obligates itself to fully perform the terms and
conditions of the License Agreement, all in favor of Town.
ASSIGNEE WARRANTS AND REPRESENTS THAT ASSIGNEE HAS READ AND AGREES TO THE
TOWN OF FOUNTAIN HILLS WIRELESS FACILITIES STANDARD TERMS AND CONDITIONS.
After the Date of this assumption, notices to Assignee shall be addressed as follows:
Assignee's network operations center phone number as required by the Terms is
1
Assignee's address for notices as required by the Terms shall be:
i
Assignee's billing address for routine billing invoices as required by the Terms shall be:
102
Assignee understands that nothing in this Assumption serves to modify any provision (except for
the Notice addresses, as provided above) or extend the Term of the License Agreement. The
person signing this document on behalf of Assignee warrants to Town his authority to do so.
111116,
Dated: 20
ASSIGNEE:
a
By:
Its:
STATE OF
ss.
COUNTY OF
The foregoing instrument was acknowledged before me this day of 20 ,by
of a
40
Notary Public
My Commission Expires:
Date
103
EXHIBIT C
TO
RESOLUTION NO. 2018-18
2018 Town of Fountain Hills Wireless Facilities in the Right-of-Way
Design Standards and Guidelines]
See following pages.
410
411
104
1Ally
c.tP
0
a -
9prbit is.._
i sop
2018
Town of Fountain Hills
Small Wireless Facilities in the Right-of-Way
Design Standards & Guidelines
105
Town of Fountain Hills
Design Standards, Concepts and Requirements
Small Wireless Facilities in the Right-of-Way
Table of Contents
Table of Contents 106
Definitions 62107
Small Wireless Facility on Existing Streetlight 110
Small Wireless Facility on Traffic Signal Pole 113
Small Wireless Facility on Existing Utility Pole 1171
Common Standard Design Concepts, Requirements and Details 122
Town of Fountain Hills Contacts 1283
Exhibit Al
Calculation Points for Height of an Existing Streetlight with Separated Luminaire Mast Arm 129
Exhibit A2
Calculation Points for Height of an Existing Streetlight with Integrated Luminaire Mast Arm 130
Exhibit B
Calculation Points for Height of Existing Traffic Signal Pole 131
Exhibit C
Dog House— Cable Transition from Underground to Electric Utility Pole 132
Exhibit D1
Antenna Shrouds —45 Degrees 133
Exhibit D2
Antenna Shrouds — 90 Degrees 134
Exhibit D3
Unacceptable Visible Cables 135
Exhibit El
Examples of Electrical Meter Pedestals —"Myers" or"Milbank" Style 136
Exhibit E2
Ground Equipment Screening Examples 137
Exhibit E2
Ground Equipment Screening Examples (continued) 138
Exhibit F
Cannister Antenna 139
106
Exhibit G
Larsen Camouflage Examples 140
c
107
Sier Definitions
Standard Design Requirements for Small Wireless Facility
Antenna" means communications equipment that transmits or receives electromagnetic radio
frequency signals and that is used in providing wireless services.
Antenna Mounting Bracket" means the hardware required to secure the antenna to the
pole.
Antenna Mounting Post" means the vertical post or pipe that the antenna mounting bracket
is mounted to in order for the antenna to be attached to the pole.
Antenna Shroud" means the three-sided cover that is mounted at the base of the antenna
to conceal the appearance of the cables and wires from the hand-hole port on the pole to
the bottom-fed antenna.
Canister Antenna" means the canister or cylinder style housing used to conceal the
antenna(s), amplifier(s), radio(s), cables, and wires at the top of a pole.
Communications Equipment" means any and all electronic equipment at the Small Wireless
Facility location that processes and transports information from the antennas to the Wireless
Provider's network.
Dog House" means the plastic or metal attachment to the base of a pole that covers the
transition point of underground cables and wires to the vertical section of the pole.
Ground Mounted Equipment" means any communications equipment that is mounted to a
separate post or to a foundation on the ground.
Light Emitting Diode" also referred to as "LED" is a type of lighting fixture installed on Town
streetlight and traffic signal poles.
Light Fixture" means the lighting unit or luminaire that provides lighting during the evening
hours or during the hours of darkness.
Luminaire Mast Arm" means the horizontal post that attaches the light fixture to the
streetlight pole or traffic signal pole.
Omni-directional Antenna" also referred to as an "omni antenna" this antenna is round in
shape, like a pipe, and may be about one (1) inch diameter up to about six (6) inches
diameter.
Outside Diameter" also referred to as "OD" means the points of measurement, using the
outer edges of a pole, pipe or cylinder.
Panel Antenna" means the style of antenna that is rectangular in shape and with
dimensions that are generally four(4) feet to eight (8)feet in height, by eight (8) inches to
twelve (12) inches wide, and four(4) inches to nine (9) inches deep.
Remote Radio Heads (RRH) / Remote Radio Units (RRU)" means the electronic devices
that are used to amplify radio signals so that there is increased performance (farther
108
distance) of the outgoing radio signal from the antenna.
Right-of-way" as defined for wireless sites in A.R.S. §9-591(18) means the area on, below or
above a public roadway, highway, street, sidewalk, alley, or utility easement. Right-of-way does
not include a Federal Interstate Highway, a state highway or state route under the jurisdiction of
the Department of Transportation, a private easement, property that is owned by a special
taxing district, or a utility easement that does not authorize the deployment sought by the
wireless provider.
Sight Distance Easements" means the area of land adjacent to an intersection, driveway or
roadway that has restrictive uses in order to preserve the view of oncoming or crossing
vehicular and pedestrian traffic by drivers in vehicles attempting to merge with traffic or enter
a roadway.
Sight Visibility Triangles" means the traffic engineering and safety concept that requires
clear view by the driver of a vehicle to crossing traffic at a stop sign, driveway or
intersection. In order to achieve clear visibility of the cross traffic, the land areas in the sight
visibility triangle has specific maximum heights on landscaping, cabinets, and other potential
view obstructions.
Signal Head" means the "Red, Yellow and Green" light signals at a signal-controlled
intersection.
Signal Head Mast Arm" means the horizontal pole that has the signal heads mounted to it
and attaches to the traffic signal pole.
Small Wireless Facility" as defined in A.R.S. 9-591(19), means a Wireless Facility that meets
both of the following qualifications:
c) All antennas are located inside an enclosure of not more than six (6) cubic feet in
volume or, in the case of an antenna, that has exposed elements, the antenna and all of
the antenna's exposed elements could fit within an imaginary enclosure of not more than
six (6) cubic feet in volume.
d) All other wireless equipment associated with the facility is cumulatively not more than
twenty-eight(28) cubic feet in volume, or fifty(50) cubic feet in volume if the equipment was
ground mounted before the effective date of this section. The following types of associated
ancillary equipment are not included in the calculation of equipment volume pursuant to this
subdivision:
i) An electric meter.
ii) Concealment elements.
iii) A telecommunications demarcation box.
iv) Grounding equipment.
v) A power transfer switch.
vi) A cutoff switch.
vii)Vertical cable runs for the connection of power and other services.
Stealth and Concealment Elements" means the use of shrouds, decorative elements,
109
design concepts and faux elements so that a small wireless facility can be designed to blend
in with the surrounding streetscape with minimal to any visual impact.
Utility Pole" as defined in A.R.S. §9-591(21) means a pole or similar structure that is used in
whole or in part for communications services, electric distribution, lighting or traffic signals.
Utility pole does not include a monopole.
110
Town of Fountain Hills
Standard Design Requirements
Small Wireless Facility on Existing Streetlight
The following design standards shall apply, in addition to the Common Standards Design
Concepts, Requirements and Details that is included in this document, to a Small Wireless
Facility (SWF) proposed for a location with an existing Town-owned or third party-owned
streetlight in the Town of Fountain Hills Right-of-way (ROW). These design standards are not
exhaustive and the Town, as the owner, keeper and manager of the ROW retains the right to
modify or adjust the requirements on a case-by-case basis.
A. Pole Criteria:
1. Purpose of Streetlight Pole: The primary purpose of the pole shall remain as a pole
structure supporting a streetlight luminaire and related streetlight fixtures used to
provide lighting to the Town ROW. The attachment of wireless equipment to an
existing streetlight pole or to a replacement pole that impedes this primary purpose
will not be approved.
2. General Requirement:
a) An SWF shall be designed to blend in with the surrounding streetscape with minimal
to any visual impact.
b) A replacement pole shall match the Town of Fountain Hills standard streetlight pole
for the location in which it is installed, as closely as possible, subject to more specific
criteria below.
4111 c) As specified in Section 6.14 of the Town of Fountain Hills's Wireless Facilities
Standard Terms and Conditions, for each individual pole type or style used to
support the wireless equipment, one spare replacement pole shall be provided by the
wireless provider to Town in advance so the pole can be replaced promptly in case
of a knockdown.
d) All plans shall be signed and sealed by a Professional Engineer licensed in the State
of Arizona.
e) All other details in the Town of Fountain Hills street light design standards shall
apply.
3. Specific Criteria:
a) New or Replacement Pole Height
A new or replacement pole may be installed without zoning review if one of the two
height requirements is met:
1) Up to a ten (10) foot increase, not to exceed fifty (50) feet total (whichever is
less), subject to the additional limitations in A.R.S. §9-592(I); or
2) Up to forty (40)feet above ground level, per A.R.S.§9-592(J).
b) Overall Height of Replacement Pole
1) The "base" height of an existing streetlight pole shall be the height of the vertical
pole section from the existing grade. The height of the luminaire mast arm, if
higher than the vertical pole section, shall not be used to determine the new
110 overall height of the replacement pole.
111
2) If the antennas are the highest vertical element of the site, then the new overall
fil height of the replacement pole is measured from the existing grade to the top of
the canister, top of the omni-directional antenna, or the top of the panel antenna.
c) Increase in Outside Diameter(OD) of Pole
The non-tapered replacement pole outside diameter(OD) of the base section shall
be equal to the top section, and the OD shall not exceed eight and five-eights (8-5/8)
inches (the pole manufacturing industry standard OD for an 8 inch diameter pole) or
a 100% increase in diameter of the original pole, whichever is less.
d) Luminaire Mast Arms
1) All luminaire mast arms shall be the same length as the original luminaire arm,
unless the Town requires the mast arm to be different (longer or shorter) based
upon the location of the replacement pole.
2) Unless otherwise approved, all luminaire mast arms shall match the arc (if
applicable) and style of the original luminaire arm.
3) The replacement luminaire mast arm shall be at the same height above the
ground as the existing luminaire.
e) Luminaire Fixtures
1) All replacement poles shall have the Town standard light-emitting diode (LED)
light fixture installed.
2) All replacement light fixtures shall have a new Town standard photo-cell or
sensor provided by the wireless provider.
f) Pole Foundation
1) All pole foundations shall conform to the Town's adopted standards and
specifications on streetlight design and shall be modified for wireless
communications equipment and cables.
2) The Town, in its sole discretion, may require the pole foundation design to be
worst case" for all soil conditions.
3) A separate, one-inch diameter conduit shall be installed in the pole foundation for
the Town's luminaire wire and any additional Town wires or cables. The Town's
conduit shall be trimmed to three (3) inches above the top of the pole foundation.
4) The height of the pole foundation shall be two (2) inches above finished grade. If
the pole foundation encroaches into any portion of the sidewalk, then the pole
foundation shall be flush with the sidewalk.
5) Shrouds for the streetlight pole mounting bolts may be required for the
replacement pole.
g) Painting of Replacement Pole
1) If the replacement pole is an unpainted galvanized pole, the pole shall not be
painted or have a finish unless otherwise specified by the Town.
2) For powder coated type poles, the wireless provider shall replace with same
powder coated color and/or color combination per Town of Fountain Hills street
110
112
light design standards or as otherwise required by the Town to minimize visual
impact.
h) Painting Antennas and Mounting Equipment
1) All antenna mounting brackets and hardware, antenna mounting posts, cables,
shrouds and other equipment mounted on a new or replacement unpainted
galvanized pole shall be painted Sherwin Williams "Web Grey" (SW7075) color or
equivalent, unless specified otherwise by the Town.
2) All antenna mounting brackets and hardware, antenna mounting posts, cables,
shrouds and all other equipment mounted on a painted new or replacement pole
shall be painted a color specified by the Town.
i) Wireless provider shall install pole numbers on each replacement pole (to match the
number on the existing streetlight pole being replaced) per Town of Fountain Hills
street light design standards.
113
Town of Fountain Hills
Standard Design Requirements
Small Wireless Facility on Traffic Signal Pole
The following design standards shall apply, in addition to the Common Standards Design
Concepts, Requirements and Details included in this document, to a Small Wireless Facility
SWF) proposed for a location with an existing Town-owned traffic signal in the Town of
Fountain Hills Right-of-way (ROW). These design standards are not exhaustive and the Town,
as the owner and manager of the ROW retains the right to modify or adjust the requirements on
a case-by-case basis.
A. Pole Criteria:
1. Purpose of Traffic Signal Pole: The primary purpose of the traffic signal pole shall
remain as a pole structure supporting a traffic signal and related streetlight fixtures
used to provide traffic control and lighting to the Town ROW. The attachment of
wireless equipment to a new or replacement traffic signal pole that impedes this
primary purpose will not be approved.
2. General Requirement:
a) An SWF shall be designed to blend in with the surrounding streetscape with minimal
to any visual impact.
b) A replacement pole shall match the Town of Fountain Hills standard traffic signal
pole, as closely as possible, subject to more specific criteria below.
c) As specified in Section 6.14 of the Town of Fountain Hills's Wireless Facilities
Standard Terms and Conditions, for each individual pole type or style used to
support the wireless equipment, one spare replacement pole shall be provided by
Company to Town in advance so the pole can be replaced promptly in case of a
knockdown.
d) All plans shall be signed and sealed by a Professional Engineer licensed in the State
of Arizona.
e) All other details in the Town of Fountain Hills traffic signal design standards shall
apply.
3. Specific Criteria:
a) New or Replacement Pole Height
A new or replacement pole may be installed without zoning review if one of the two
height requirements is met:
1) Up to a ten (10) foot increase, not to exceed fifty (50) feet total (whichever is
less), per A.R.S. §9-592(I); or
2) Up to forty (40) feet above ground level, per A.R.S. §9-592(J).
b) Overall Height of Replacement Pole
The height of the replacement pole is measured from grade to the top of the antenna
canister or the top of the panel antennas if the antennas are the highest elements.
c) Increase in Outside Diameter (OD) of Pole
1) If the replacement pole is a taper design, the diameter of the base section of the
replacement pole OD shall not exceed twelve (12) inches or a 100% increase in
the OD of the base section, whichever is less.
114
2) If the replacement pole is non-tapered, then the diameter of the base section
0 shall be equal to the top section and the OD shall not exceed twelve (12) inches
or a 100% increase, whichever is less.
d) Signal Head Mast Arms
1) The traffic signal head mast arms shall be the same length as the original signal
head mast arm unless the Town requires the mast arm to be different (longer or
shorter) based upon the location of the replacement pole.
2) All signal head mast arms shall match the arc (if applicable) and style of the
original signal head mast arm.
e) Luminaire Mast Arms
1) All luminaire mast arms shall be the same length as the original luminaire arm
unless the Town requires the mast arm to be different (longer or shorter) based
upon the location of the replacement pole.
2) All luminaire mast arms shall match the arc (if applicable) and style of the original
luminaire arm.
f) Signal Heads
1) All existing signal heads shall be replaced, at no cost to Town, with new light-
emitting diode (LED) signal heads, per Town of Fountain Hills traffic signal
design standards.
2) All signal heads shall be procured from a Town approved signal heads supplier
or manufacturer.
g) Luminaire Fixtures
1) All replacement poles shall have the Town standard LED light fixture installed.
2) All replacement light fixture shall have a new photo-cell or sensor installed to
Town standard.
h) Other Town Elements on Signal Mast Arm or Pole
All existing emergency signal detection units, video detection cameras, video
cameras, cross walk service buttons, cross walk signals, and any other pedestrian or
traffic devices shall be replaced with new units by wireless provider and installed at
no cost to the Town. All equipment shall be procured from a list of Town approved
suppliers.
i) Signs and Other Misc.
All street name plates or signs, directional signs and any other Town approved signs
shall be replaced with new signs at no cost to the Town. All signs and attachments
shall be procured from a list of Town approved suppliers.
j) Traffic Signal Pole Foundation
1) All pole foundations shall conform to the Town's standards and specifications on
traffic signal pole design and shall be modified for wireless communications
equipment, hand holes and cables.
2) The wireless provider shall install a three (3) inch diameter (OD) conduit in the
pole foundation for the Town's cables and wires for the signal heads, luminaire
0
115
and devices on the signal mast arm and luminaire mast arm. The Town's conduit
0 shall be trimmed to three (3) inches above the top of the pole foundation.
3) In addition to the conduits for the Town's use inside the pole, the wireless
provider shall install one of the two options for its cables and wires:
a) One, six (6) inch diameter (OD) conduit in the pole foundation; or
b) Two, four (4) inch diameter (OD) conduits in the pole foundation. The length
of the conduit shall extend from the pole foundation to six (6) inches above
the signal head mast arm.
4) Pole Foundation — Height Above Ground Level
a) If the pole foundation is in a landscaped or unimproved area, the height of the
caisson shall be two (2) inches above finished grade. However, if the pole
foundation is adjacent to or within a sidewalk or ramp, the height of the pole
foundation shall be flush with the surface of the immediate area.
b) Shrouds for the traffic signal pole mounting bolts may be required for the
replacement pole.
k) Painting of Pole, Antennas and Mounting Equipment
1) Specifications on paint color and painting process are provided in the Town of
Fountain Hills traffic signal design standards.
2) For powder-coated traffic signal poles, the wireless provider shall replace with
same powder-coated color and/or color combination, or as otherwise specified by
the Town.
I) Construction of Traffic Signal
The installation work of the replacement traffic signal pole, including mast arms,
signal heads and devices, must be performed by a Arizona licensed Traffic Signal
Contractor with a minimum of five (5) years of experience installing traffic signals.
410
116
Town of Fountain Hills
Standard Design Requirements
Small Wireless Facility on Existing Utility Pole
The following design standards shall apply, in addition to the Common Standards Design
Concepts, Requirements and Details that is included in this document, to a Small Wireless
Facility (SWF) proposed for a location with an existing third party-owned utility pole in the Town
of Fountain Hills Right-of-way (ROW). These design standards are not exhaustive and the
Town, as the owner, keeper and manager of the ROW retains the right to modify or adjust the
requirements on a case-by-case basis.
A. Pole Criteria:
1. Purpose of Utility Pole: The primary purpose of the pole shall remain as a pole structure
supporting a cables and wires used to provide communications services and electric
distribution in the Town ROW. The attachment of wireless equipment to an existing third
party-owned utility pole that impedes this primary purpose will not be approved.
2. General Requirement:
a) An SWF shall be designed to blend in with the surrounding streetscape with minimal
to any visual impact.
b) A SWF mounted on an existing third party-owned utility pole is subject to more
specific criteria below.
c) All plans shall be signed and sealed by a Professional Engineer licensed in the State
of Arizona.
40 3. Specific Criteria:
a) Replacement Pole Height
A replacement pole may be installed without zoning review if one of the two height
requirements is met:
1) Up to a ten (10) foot increase, not to exceed fifty (50) feet total (whichever is
less), per A.R.S. §9-592(I); or
2) Up to forty (40) feet above ground level, per A.R.S.§9-592(J).
b) Overall Height of Replacement Utility Pole
1) The "base" height of an existing utility pole shall be the height of the vertical pole
section from the existing grade.
2) If the antennas are the highest vertical element of the site, then the new overall
height of the replacement pole is measured from the existing grade to the top of
the canister or the top of the panel antenna.
c) Use of Existing Pole —Wood
1) An existing wood pole used for a SWF shall have the antennas contained within
an eighteen (18) inch (OD) canister mounted at the top of the pole.
2) Unless otherwise approved, the cables and wires from the base of the pole to the
antennas shall be installed in a conduit or cable chase outside of the pole, facing
away from the street or away from on-coming traffic.
118
3) If a "dog house" (see Exhibit C) is required as a transition point connecting the
0 underground cables and wires from the ground mounted equipment to the pole,
the Town shall provide the maximum size, dimension and shape of the dog
house on a case-by-case basis.
d) Use of Existing Pole — Metal
1) An existing metal pole used for a SWF shall have the antennas contained within
an eighteen (18) inch (OD) canister mounted at the top of the pole.
2) Panel antennas on a metal pole shall have the same "RAD center" (center of
radiation) so the antennas will be at the same height on the pole.
3) The cables and wires from the base of the pole to the antennas shall be installed
inside of the pole.
e) Painting of Pole and Dog House
1) If the replacement pole is an unpainted galvanized pole, the pole shall not be
painted or have a finish unless otherwise specified by the Town.
2) If the existing or replacement pole includes a dog house for the transition of the
cables and wires to the pole, the dog house shall be painted the same color as
the pole or a color specified by the Town.
f) Painting Antennas and Mounting Equipment
1) All antenna mounting brackets and hardware, antenna mounting posts, cables,
shrouds and other equipment mounted on a new or replacement unpainted
galvanized pole shall be painted Sherwin Williams "Web Grey" (SW7075) color or
0 equivalent, unless specified otherwise by the Town.
2) All antenna mounting brackets and hardware, antenna mounting posts, cables,
shrouds and all other equipment mounted on a painted new or replacement pole
shall be painted a color specified by the Town.
3) If the antenna is mounted on a wood pole, the color of the antenna, antenna
canister, mounting brackets and posts, shrouds and cable chases shall be
painted a color specified by the Town that will closely match the color of the
wood.
g) Ground Mounted Equipment
The Town may require the ground-mounted wireless equipment to be screened or
concealed to reduce the visual impact to the surrounding area. The screening or
concealment shall take into account the location of the site, the use of the immediate
area, and the existing aesthetic elements surrounding the site.
111
119
Town of Fountain Hills
Standard Design Requirements
Wireless Facility on New Structures in ROW
The following design standards, in addition to the Common Standards Design Concepts,
Requirements and Details that are included in this document, shall apply to a Wireless Facility
that a wireless provider may install in the ROW that is not: 1) a replacement pole for an existing
streetlight, 2) a replacement pole for an existing traffic signal or 3) a replacement pole for an
existing utility pole.
The new wireless support structure, monopole or utility pole (the "New Structure") shall
incorporate the highest level of stealth and concealment of the antennas and wireless
equipment in order to minimize the visual impact of the site to the public.
A. Pole Criteria:
1. Purpose of the New Structure: The sole purpose of a new vertical element is to attach
antennas for the provision of wireless services by a wireless provider in the Town's
ROW.
2. General Requirement:
a) The New Structure shall be designed to minimize the visual and aesthetic impact of
the new vertical element and associated equipment upon the look, feel, theme, and
use of the surrounding area.
b) A wireless facility shall be designed to blend in with the surrounding streetscape
and/or landscape with minimal to no adverse visual impact.
c) The New Structure shall be architecturally integrated and compatible with the use of
the surrounding area.
d) The height of the New Structure cannot exceed the maximum allowed height of the
zoning district that the site is proposed.
e) All plans shall be signed and sealed by a Professional Engineer licensed in the State
of Arizona.
3. Specific Criteria:
a) New Structure Height. A New Structure may be installed without zoning review if
one of the two height requirements are met, see A.R.S. §9-592(I) and A.R.S. §9-
592(J):
1) A.R.S. §9-592(I) states that the small wireless facility in the ROW is not subject
to zoning review and approval in Section 9-594 if the utility pole does not exceed
the greater of either:
i. Ten feet in height above the tallest existing utility pole, other than a
utility pole supporting only wireless facilities, that is in place on the
effective date of this section, that is located within five hundred feet of
the new, replacement or modified utility pole and that is in the same
right-of-way within the jurisdictional boundary of the authority, but no
more than fifty feet above ground level.
ii. Forty feet above ground level.
120
0 2) A.R.S. §9-592(J) states that new small wireless facilities collocated on a utility
pole or wireless support structure in the right-of-way are not subject to zoning
review and approval if they do not extend more than ten feet above the utility
pole or wireless support structure and do not exceed fifty feet above ground
level.
b) Setbacks. Any New Structure subject to zoning review shall comply with all Town
fall and setback requirements, including a 100% setback from all property lines,
occupied structures, public roadways and sidewalks.
c) Overall Height of New Structure. The height of the New Structure is measured from
existing grade to the highest point of the New Structure.
d) Stealth and Concealment Elements
1) New Structures shall be located in areas where they can blend into the existing
built and natural environment, where existing landscape elements may assist
with concealing the structure from view, and where the addition of the structure
will least affect the view sheds from neighboring properties.
2) Depending upon the location of the New Structure and the character of the
neighboring area, the Town may require additional landscaping to be installed in
connection with the Town's approval of the application. The additional
landscaping may include trees, mature vegetation, natural features or
hardscaping.
40 3) The Wireless Provider shall conceal all equipment within a faux cactus structure,
similar to the 22' to 40' tall Larsen Camouflage design (see Exhibit G) or as
otherwise approved by the Town.
i. New Structures thus concealed shall comply with standard details,
such as dimensions, colors and materials similar to existing faux
cactus installations in the Town.
4) As part of the stealth and concealment elements of the New Structure, the Town
may require the wireless provider to install street name plates, directional signs,
and other decorative signs or artistic elements on the structure.
5) The wireless provider is solely responsible for the cost of all stealth and
concealment elements and the installation of other elements required by the
Town.
6) The wireless provider is responsible for the performance of and any costs
incurred for regular upkeep, maintenance and replacement (if necessary) of
these stealth and concealment elements.
e) Architectural Integration with Surrounding Area
1) The New Structure shall be designed in consultation with various internal Town
stakeholders and may include external stakeholders.
2) The Town may require the New Structure to be constructed of a specific material
or specific design that will enhance the stealth and concealment of the site.
f) Foundation
0 121
1) The foundation for the New Structure, if required, shall conform to civil and
1.
structural engineering standards acceptable to the Town, with design
modifications for wireless communications equipment and cables.
2) Unless otherwise stated herein, the height of the New Structure foundation shall
be two (2) inches above finished grade. However, if the New Structure
foundation is adjacent to or within a sidewalk or ramp, the height of the pole
foundation shall be flush with the surface of the immediate area.
3) Shrouds for the pole mounting bolts may be required.
4) If the New Structure is concealed as a faux cactus installation, the structure shall
be installed to appear as part of the natural environment, and shall not be located
on existing concrete such as sidewalks or curbs, nor shall concrete be placed
around the base of the facility except as needed to anchor and support the
structural elements of the structure. All such concrete and anchor devices shall
be shielded from view by earth, rocks, decomposed granite and landscaping as
required by the Town.
g) Painting
1) The Town shall identify the paint colors, location of paint and any decorative work
that may be painted onto the New Structure or ground equipment.
2) If visible, the Town shall identify the paint colors for the antennas, antenna
mounting brackets and posts, antenna shrouds, and cables.
3) The Town may require the New Structure or ground equipment to be painted
using a powder-coat or other process.
40 h) Ground Mounted Equipment
The Town may require the ground-mounted wireless equipment to be sited and
screened or concealed to reduce the visual impact to the surrounding area. The
screening or concealment shall take into account the location of the site, the use of
the immediate area, and the existing aesthetic elements surrounding the site.
411,122
014 Town of Fountain Hills
Small Wireless in the ROW
Common Standard Design Concepts, Requirements and Details
The following standard design requirements shall be applied to all new small wireless facilities in
the Town's ROW, whether for a small wireless facility to be installed on an existing or
replacement streetlight pole, an existing or replacement traffic signal pole, an existing or
replacement utility pole, or on a New Structure.
A. Pole Design & Installation
1. Replacement Pole Clearances — Underground Utilities
All ground-mounted electrical equipment shall maintain minimum horizontal clearance
from underground utilities.
Clearance from water lines shall be at least six (6)feet.
Clearance from sewer lines shall be at least six (6) feet.
Clearance from telecommunications shall be at least one (1) foot.
Clearance from cable television lines shall be at least one (1)foot.
Clearance from all other underground infrastructure shall be at least six (6)feet.
a) The Town, in its sole discretion, may grant a variance, upon approval by the Town
Engineer, from these horizontal separation distances on a case-by-case basis. The
approval of a variance is dependent factors specific to the site.
b) In the case where there is an issue with horizontal separation from other
underground utilities, the wireless provider may elect to work with the impacted utility
to have lines, pipes or property moved so that minimum clearance is achieved. All
relocation of Town-owned or a privately-owned utility shall be at the sole expense of
the wireless provider.
2. Calculating the Base Height of an Existing Pole
The base height, from which the calculation of the "increase in pole height" is referenced
for determining the overall pole height, shall be calculated as follows:
a) Streetlight Pole (see Exhibit Al and A2)
1) A streetlight with a separate luminaire mast arm mounted to the vertical pole
shall use the top of the vertical pole as the base height.
2) A streetlight, with the luminaire mast arm integrated (e.g. telescopic style pole)
into the top vertical section of the pole, shall use the point on the pole where the
mast arm is connected plus twenty-four (24) inches as the base height.
b) Traffic Signal Pole (see Exhibit 8)
A traffic signal pole with a luminaire mast arm that is mounted above the signal head
mast arm to the pole shall use the top of the vertical portion of the pole as the base
height.
3. Replacement Pole Clearance — Original Streetlight Pole or Traffic Signal Pole
The minimum distance of the replacement pole from the original pole location shall be
sixty (60) inches or more so that construction can occur safely. The Town may change
1111 this minimum distance on a case-by-case basis.
123
4. Replacement Pole Clearances — Sidewalks
The new or replacement pole shall maintain twelve (12) inch minimum clearance
distance from sidewalks. The Town, in its sole discretion, may increase that minimum
clearance on a case-by-case basis to ensure the safe use of the sidewalk and adjacent
area.
5. Sight Distance Easements (SDE) and Sight Visibility Triangles (SVT)
All new and replacement poles shall be installed in a location that does not impair or
interfere with SDE or SVT safety requirements as reasonable determined by the Town.
6. Cables, Wires and Jumpers
a) All cables for the wireless equipment and antennas —except where such cables or
wires attach to the ports in the antenna — shall be located inside a conduit, inside the
caisson, or inside the pole, as appropriate. There shall not be any"dog house" or
externally visible conduit or entry point of the cables unless specified by the Town.
b) All cables for the wireless equipment and antennas shall exit the pole or conduit at a
location, behind the antenna shroud, and shielded from view. It is the intent of the
Town that the cables shall not be visible.
1) See Exhibit D1 for examples of appropriately shielded cables.
2) See Exhibit D2 for examples of unacceptable cabling.
c) All electrical wires for the streetlight luminaire, traffic signal heads, and any Town
device on the pole shall be new and connected to the existing power source.
7. Hand-holes
a) All hand-hole locations shall be called out on the plans.
b) All hand-holes near antennas shall have the top of the hand-hole no lower than the
bottom height of the antennas.
c) The bottom of the hand-hole should not exceed six (6) inches below the bottom of
the antenna.
8. Wireless Facility Identification Information
a) A four (4) inch by six (6) inch Radio Frequency Safety notice may be mounted no
less than twenty-four(24) inches from the bottom of the antenna, facing away from
traffic.
b) The wireless provider may place on the pole a discreet site identification or number.
The size, color and location of this identifier shall be determined by the Town.
c) The Town, as specified in the Wireless Facilities Standard Terms and Conditions,
may require the wireless provider to place on the pole, in a discreet but accessible
location, the telephone number of wireless provider's network operations center.
d) No wireless provider signs may be placed on a streetlight, traffic signal pole, wireless
support structure, or a new or replacement pole except to the extent required by
local, state or federal law or regulations.
9. Interference with Town Wireless Network
The Town has, or may have in the future, certain wireless devices in a network that
124
connects traffic signals, community centers, water sites, and other locations for the
IL. Town's proprietary use. The selection of a location for a wireless site shall consider the
potential interference of the Town's wireless network with RF from a wireless provider's
proposed site.
10. Cable Chase and Dog Houses
The Town, in its sole discretion, shall determine if an exterior cable chase and dog
house are aesthetically compatible with the pole and immediate area. The materials and
paint color of the cable chase and dog house shall be determined on a case-by-case
basis.
B. Removal of Original Pole, Equipment and Pole Foundation
1. Removal of Original Signal Pole, Mast Arm, Signal Heads and Luminaire
a) The Town shall determine what original components, (e.g., original pole, mast arm,
signal heads and luminaire, etc.) shall be delivered by the wireless provider, at no
cost to the Town, to a location specified by the Town.
b) If the Town accepts some of the original components, then only those components
shall be delivered by the wireless provider to the Town and the remaining
components shall be discarded by the wireless provider.
2. Removal of Original Streetlight or Traffic Signal Pole Foundation
The concrete pole foundation for the original streetlight or traffic signal pole shall be
removed by the wireless provider as instructed by the Town:
4110 a) Partial Removal
The original pole foundation shall be taken back to a level that is twelve (12) inches
below existing grade and covered with four (4) inches of one-half(1/2") inch to three
3/4") quarter inch rock materials. The remaining eight (8) inches shall be native soil.
b) Complete Removal
If the entire original pole foundation must be removed, then all materials (concrete,
rebar, metals, bolts, etc.) shall be removed. The Town's Inspector shall determine,
on a case-by-case basis, the type of backfill material and compaction required —
ranging from native soil that is compacted to a half(1/2) sack slurry for the entire
depth, or a combination of native soil and slurry.
C. Antennas, RRH/RRU, Cables and Mounting on Pole:
1. General Requirement: All antennas shall be installed in a manner that minimizes the visual
impact to the general public. In order to minimize the visual impact, wireless providers should
use canister antennas, where possible and appropriate unless the Town's stealth and
concealment requirements indicate otherwise. See Exhibit F. All work shall be performed in
a professional manner that is consistent with the highest standards of workmanship.
2. Specific Criteria:
a) Antenna Mounting Posts and Brackets
1) All panel antennas shall be mounted directly to the pole or onto a mounting pole
so that the distance from the "face" of the streetlight pole to the back of the
antenna does not exceed nine (9) inches.
125
2) All mounting posts shall be trimmed so that the poles do not extend higher than
0 the top of the antenna or protrude lower than the antenna unless necessary to
install the shroud.
3) All pole attached wireless equipment must be a minimum ten (10) feet from the
sidewalk elevation.
b) Panel Antennas
1) All panel antennas for a small cell site shall fit within an imaginary enclosure of
not more than six (6) cubic feet in volume in accordance with A.R.S. §9-
591(19)(a). (NOTE: This volume does not include antenna cable shrouds when
required.)
2) All panel antennas with exposed cables from the bottom of the antenna shall
have a shroud installed on the antenna or antenna mounting posts to conceal the
cables. (see Exhibits D1 and D2)
a. The type of shroud may be a forty-five (45) degree angle (away from the
bottom of the antenna; toward the pole) or a ninety (90) degree angle
parallel to the bottom of the antenna) depending on the location of the site.
b. The shroud shall extend from the bottom of the antenna to two (2) inches
below the bottom of the nearest hand-hole.
c) Canister Antennas
1) All canister antennas shall fit within an imaginary enclosure of not more than six
6) cubic feet in volume. (Note: This volume does not include the canister as it is
a stealth device and not the antenna.)
III2) The canister shall be no larger than eighteen (18) inches in diameter(OD).
3) All canister antennas shall be located in a canister that is mounted to a base
plate at the top of the vertical section of the replacement pole.
4) All cables protruding from the canister shall be concealed within the canister or
by a shroud at the point where the canister is mounted to the base plate.
d) Remote Radio Heads (RRH) / Remote Radio Units (RRU)
Under State Law §9-591(19)(a), the RRH/RRU is not considered part of the antenna.
If allowed, the RRH/RRU shall be calculated as part of"All other wireless equipment
associated with this facility..." in A.R.S. §9-591(19)(b)that is subject to the twenty-
eight (28) cubic feet maximum size for small cell sites.
1) On a case-by-case basis, the Town in its sole discretion and — upon reviewing
the landscape in the immediate surrounding area, the location of the pole, and
stealth options, may allow a site to have an RRH/RRU installed on the pole.
D. Ground-mounted Equipment:
1. General requirement: All ground-mounted equipment shall be installed in a manner that
minimizes the visual and ingress/egress impact to the general public. All work shall be
performed in a professional manner that is consistent with the highest standards of
workmanship.
2. Specific criteria:
0 a) Sight Distance Easements (SDE) and Sight Visibility Triangles (SVT)
126
All ground-based wireless equipment shall be installed in a location that does not
impair or interfere with SDE or SVT safety requirements. To ensure proper sight
distance, all Town of Fountain Hills Traffic Engineering Standard Details shall apply.
b) Ground Equipment Location — Generally
All ground-based wireless equipment, including but not limited to equipment cabinets
or power pedestals, shall be placed as far as practical to the back of the ROW while
maintaining at least three (3) feet of ingress/egress in the ROW or public utility
easement (PUE) around the equipment.
c) Ground Equipment Clearances—Underground Utilities
1) All ground-mounted electrical equipment shall maintain minimum horizontal
clearance from below-ground utilities:
Clearance from water lines shall be at least six (6) feet.
Clearance from sewer lines shall be at least six (6) feet.
Clearance from telecommunications shall be at least one (1)foot.
Clearance from cable television lines shall be at least one (1) foot.
Clearance from all other underground infrastructure shall be at least six (6)
feet.
2) The Town, in its sole discretion, may grant a variance upon approval from the
Town Engineer, from these horizontal separation distances on a case-by-case
basis. The approval of a variance is dependent on factors specific to the site.
3) In the case where there is an issue with horizontal separation from other
underground utilities, the wireless provider may elect to work with the impacted
utility to have its lines, pipes or property moved so that minimum clearance is
achieved. All relocation work of Town-owned or a privately-owned utility shall be
at the sole expense of the wireless provider.
d) Ground Equipment Clearance — Sidewalks
The ground equipment shall maintain a minimum twelve (12) inch clearance distance
from sidewalks. The Town, in its sole discretion, may increase the minimum
clearance on a case-by-case basis to ensure the safe use of the sidewalk and
adjacent area.
e) Compliance with Height Requirements
Evidence or documentation that, where the above-ground structure is over thirty-six
36) inches in height, given its proposed location, the structure will comply or be in
compliance with applicable Town of Fountain Hills planning and zoning ordinances.
f) Screening of Ground Equipment
The Town requires that ground-mounted equipment be screened; the type of
screening materials and design will be addressed on a case-by-case basis. See
Exhibit E2 for general screening examples that the Town may consider on a case by
case basis.
1) In cases when screening is not possible, the Town may specify the location,
orientation or paint color of the ground-mounted equipment.
127
2) Town may require ground-mounted equipment to be located underground
except for the electricity meters, kill switches, etc.).
g) Decals and Labels
1) All equipment manufacturers' decals, logos and other identification information
shall be removed unless required for warranty purposes.
2) The wireless provider of the site may place an "Emergency Contact" or"Network
Operations Center" decal or emblem to the ground equipment.
3) The ground-mounted equipment shall not have any flashing lights, sirens or
regular noise other than a cooling fan that may run intermittently.
h) Equipment Cabinets on Residential Property
1) Residential Single-Family Lot
The Wireless Equipment and Ancillary Equipment listed in A.R.S. §9-591(19)(b)
shall not exceed thirty-six (36) inches in height in the front yard of a residential
single-family zoned property.
2) Air-conditioning Units
Unless otherwise specified by Town, a wireless equipment cabinet with air-
conditioning (not a fan only) shall be enclosed by walls and setback a minimum
of fifteen (15)feet from lots where the existing or planned primary use is a
residential single-family dwelling.
i) Electric Company Meter
1) All electric company meters shall be installed in the ROW or PUE. The location
of the meter equipment shall have minimum ingress and egress clearance from
private property lines and driveways.
2) All electric company meters shall maintain minimum clearance from above-
ground utility cabinets and below-ground utilities.
3) All electric company meters shall be installed in a location that does not impair or
interfere with the SDE or SVT safety requirements of the Town.
4) The electric company meters shall be screened or contained within a "Myers-
type" or"Milbank-type" pedestal cabinet that is painted to match the ground
equipment or as specified by the Town. (see Exhibit E)
5) In the case where screening is not required, the Town may specify the paint color
of the electric company meter cabinet on a case-by-case basis.
40
128
Town of Fountain Hills Contacts
For questions regarding the 2018 Town of Fountain Hills Design Standards, Concepts &
Requirements for Wireless Facilities in the Right-of-Way, contact:
Town of Fountain Hills Development Services Director:
Robert Rodgers
480-816-5138
129
Exhibit Al
Calculation Points for Height of an Existing Streetlight with Separate Luminaire Mast Arm
o'1/'r /a'I dsr yi a,4 5/ r/.% / r ; E
114
The purple line next to the streetlight 11,depicts the section of the existing S
streetlight pole that shall be used to
calculate the height of the existing
pole. The lines are not to scale and
are solely used for illustrative
purposes. w
go or-
D
i. .,
m ° fie
1
I
r^z
3()
Exhibit A2
Calculation Points for Height of an Existing Streetlight with Integrated Luminaire Mast
Arm
The "Connection Point" on an
Existing Telescopic Style
Streetlight Pole with an
Integrated Luminaire Mast Arm
10
era
E--- 24 inches
The Top and Bottom Points s
k % vonaTelescopicStreetlight
Pole to Calculate the
Vertical Height of the
Existing Streetlight Pole
PLUS
Twenty-four (24) inches
131
Exhibit B
Calculation Points for Height of Existing Traffic Signal Pole
The Top and Bottom
Points on a Traffic
Signal Pole to
Calculate the Base
Vertical Height of the
Existing Pole
11111
132
0
Exhibit C
Dog House—Cable Transition from Underground to Electric Utility Pole
x9 S//'P R .' -gr',i'; lr r e '
N r rc
u
5/, gi£A art " a s'!
1 Jy k • 'fri ' fa".'a a Lr,,„, w, rkv ir ,1
r y,
fG,JPfy rsxy/ (k ai 9 : r 1, t `t'""°°
ri
i
set'',', k a £ ky w
J r ss .v. r ' J' H a
t Ali,popfo'/.0?,t;4114470464*, lo:t%! Vo$14,1,1(`16tV'
ax\?\\
u
W
External cable chase
1..N the cables and w dra
wires are mounted
underneath the f
chase.l
e r '
t
e
It NOM 111.
II:$1
li ti
Iiii
I
ir,s. ,A
i i 1
Mitt VI
yd' .m' MYbC `M#4V.s44 Nk9
f '
r'S
1
riC
Dog House"with externals
cable chase installed at the a
base of a pole to cover the
cables and wires when they s a,
cannot be installed inside
the utility pole.
133
0 Exhibit D1
Antenna Shrouds —45 Degrees
R
k
k
m x
4,..'''. .i;',..1.1i'i:*16," l'''', :-.
4,e2), - , , , s-, ,, 17,, , ,,-,„:„ i.. ,.., , .., .,. :, .* ,,: .,.1/4,lay a`"• *+
e 'I .
z
7 ",+d'8 J „, '''' y,
lit':',it '{
F,`,„
ram, 1srew. 2 AIt+., i:i 4".,0'" .cam, k
y„ ",1"' 2 Y•
kpM '*"k $e
i'
0
a` 8__ iu p •} ''""T5-'.d Yf" M t"A`.
A . S h (
P-
7 4. 4'"; ' x. 7 A.-, - #fir q1+4r:; a'
r
a
P 6"` 5k Y
sc..
t„ m
t i 1„ ,,,, ,
4.
E
1
4','", .110..........i .
li 4 ,A
A.
0 134
Exhibit D2
Antenna Shrouds — 90 Degrees
3,'•.•‘...'...,',;',,,,'''':‘,,,',•<,,
At '•
l'is.%,.j ,.;:''''''"
1
i • 1. l'A,,,,'•:1:.,A.,,,„,''
4,
o 4..,, ..,... ... .
e'''::•.: .....: ..,...- •
2...
1,
f'''''''' ';:' •'''•-4.*. ,.4. - ''. i',,ailIN''''''''',4','','''''';', -,••,'''''',', 4,- i‘..„,.,„',.,,,,,!,,,ii.:' ,,i1.,..,01f '..,,,,lritf. ,,,_______,,,,,....C.44,,,,',„!.'7A, , •
i;:4;,1;',;,:.k".4"iis,'Ot::•7'i:I4'....ti''
4",.t." -:,--,,,,,4,;-;,F4*., ..''''',..,!!,;',3.11,,..
iriti..i.,,,,,,,,,,f..i.;......,..,,,!....,,,./.,..•'F's..Z.7,'.;•";'•':' ' '^''''•ii `s''1'4:
1 i I •.,;.70,4110. rill iii,
j" 111P1111
1
7',' ig'' ' ' ....,1, ::,'ti,,.,....,,4 bf, ,..•,:',J,« .. '',..r'0'41-....,...,.,..,.,'' ''''
t,;.,
135
0 Exhibit D3
Unacceptable -Visible Cables
r
136
0 Exhibit El
Examples of Electrical Meter Pedestals —"Myers" or"Milbank" Style
Sedgy :..a u..1,,.eA A\•e¢s!1„,: q ,,"",c';
y" r
F
sir
w,
Ill
JCL,
4;.4.4,,
9,,.,,44, 4
ill
3'
1.''„'1,
1-4",,,',.,-''„')„
Y.es'
44.
f1.il"t'
it..'U-,*lk..-:
P,,
3,
7
4'
s'.1k-,*.,,t.i.,,,„.
1.'4,li71*6--i1a4v,
e'4i,, ,'.,*,,,-,,,-,
V, ,,',;
b
y
C
1 s 1(L
ffnn R 'Y. „F 'ti
wd A, .. '}.`Ni/. _ '
1F - ,,,fit q,"
i
IP.
r '*A`.
II'i .s .' h C^ x . 1. : "
MM7y'MFFF1
r °
rV
137
Ground Equipment s c Examples
bitreEen2
inq
a
1
I 1
III
4
i
1
i
ht1
1
9 .
A
s.*
i
10
1 ;8
Exhibit E2
Ground Equipment Screening Examples (continued)
W
a
eta4wwSVVSS, 5f oC +c
3.
A y-
139
Exhibit F
Canister Antenna
tiff%
t: M
3 a„
4
140
Exhibit G
1711150N
JFsax,. ' 10121.,
1 I
tro
0
4`
Saguaros
The need for concealed sites is also prevalent in the desert southwest region. To serve this need
we have developed a Saguaro Cactus, Utilizing an RF-ftiendly, naturalistic looking FRP shell,
we ure able to poaltion antenna panels not only in th.e hollnw shell of the upper main trunk, but
also in the individual aims. This offers greater flexibility in terms of multiple panels per sector,
horizontal separation,and centerline height.
Our Saguarosrange from 10-40 feet tall, housing one to two antenna arrays. Scars, woodpecker
holes thousands of painted needles enhance the realism.
Even the birds can't tell the differenee
11110,
141
EXHIBIT D
TO
RESOLUTION NO. 2018-18
Amendments to Town Comprehensive Fee Schedule]
See following pages.
Sir
ftny
142
Description Fee FY17-18
ENCROACI-[ME TT,Ir''C,INF,FRI'K PERMITS
Small Wireless Facilities:
ROW Use Fee 50/year x number of small wireless facilities
Authority utility pole attachement 50/year
Small Wireless Facilities collocation 100 per SWF up to five
Small Wireless Facilities collocation 50 for SWF over five
100 per SWF up to five (at $100 each) ($500
Batched applications for up to 25 SWF's maximum fee)
50 per SWF 6 - 20 sites ($1000 maximum
Batched applications for up to 25 SWF's fee)
Applications for new, replacement or modified
utility poles NOT subject to zoning review Not to Exceed $750
Applications for new, replacement or modified
utility poles and collocation of wireless facilities
subject to zoning review Not to Exceed $1000
PHOENIX 77018-1 430871v7
4
I
I
4
I
4
4
Iall143
I
Application for
Wireless
Facility
Is it a Small
Cell?
Yes
No
Yes
Is it in a ROW?
No
No
Yes
No
Yes
Is it on Town
Property?
No
Within 300’ of
Residential?
Yes With 300’ of
Residential
Stealth
design? Does it meet
height limits?
No
Yes
Admin
Approval*
Admin
Approval
Special Use
Permit
Required
Admin Approval
Public Hearing
Required
Yes
*See Small Cell Workflow Process
Wireless Communication Facility Review
and Approval Process Chart
Small Cell Workflow Process
Small Cell in ROW Pre-application
meeting held
Applicant files plans
on TOPPS Staff reviews application
Staff provides
comments & corrections
Applicant makes
corrections and
resubmits
Process continues
until all issues
resolved.
May appeal staff
denial to Council
Staff provides applicant
with electronic Lease
Agreement documents*
Following full execution of
Lease documents,
Applicant applies for
Encroachment permits as
needed
*Approval of an Application is contingent upon the applicant
demonstrating compliance with the Wireless Facilities Standard Terms
and Conditions, the Town’s Design Standards and Guidelines, and any
site-specific requirements developed based upon consultation with
the Town through the site review and permitting process. (TC Section
16-2-3 F.)
1
Federal Communications Commission · Consumer and Governmental Affairs Bureau · 45 L Street NE, Washington, DC 20554
1-888-CALL-FCC (1-888-225-5322) · TTY: 1-888-TELL-FCC (1-888-835-5322) · www.fcc.gov/consumer-governmental-affairs-bureau
What Is broadband?
Getting Broadband Q&A
Broadband or high-speed Internet access allows users to access the Internet and Internet-related
services at significantly higher speeds than those available through "dial-up" services. Broadband
speeds vary significantly depending on the technology and level of service ordered. Broadband
services for residential consumers typically provide faster downstream speeds (from the Internet to your
computer) than upstream speeds (from your computer to the Internet).
How does it work?
Broadband allows users to access information via the Internet using one of several high-speed
transmission technologies. Transmission is digital, meaning that text, images, and sound are all
transmitted as "bits" of data. The transmission technologies that make broadband possible move these
bits much more quickly than traditional telephone or wireless connections, including traditional dial-up
Internet access connections.
What are its advantages?
▪ Broadband is an important tool for expanding educational and economic opportunities for
consumers in remote locations.
▪ Broadband allows you to take advantage of services not available or not convenient to use with
a dial-up Internet connection, such as Voice over Internet Protocol (VoIP), an alternative to
traditional voice telephone service.
▪ Broadband makes "telemedicine" possible: patients in rural areas can confer online with medical
specialists in more urban areas and share information and test results very quickly.
▪ Broadband helps you efficiently access and use many reference and cultural resources via the
Internet.
▪ You also need broadband to best take advantage of many distance learning opportunities, like
online college or university courses, and continuing or senior education programs.
▪ Broadband allows you to shop online more quickly and efficiently.
What types are available?
Broadband can be provided over different platforms:
▪ Digital Subscriber Line (DSL)
▪ Cable Modem
▪ Fiber
▪ Wireless
▪ Satellite
The broadband technology you choose will depend on a number of factors. These include how
broadband Internet access is packaged with other services (like voice telephone and home
entertainment), price and service availability.
2
Federal Communications Commission · Consumer and Governmental Affairs Bureau · 45 L Street NE, Washington, DC 20554
1-888-CALL-FCC (1-888-225-5322) · TTY: 1-888-TELL-FCC (1-888-835-5322) · www.fcc.gov/consumer-governmental-affairs-bureau
Digital subscriber line (DSL)
DSL is a wireline transmission technology that transmits data faster over traditional copper telephone
lines already installed to homes and businesses.
The following are types of DSL transmission technologies:
▪ Asymmetrical Digital Subscriber Line (ADSL) – used primarily by residential customers. ADSL
typically provides faster speed in the downstream direction than the upstream direction. ADSL
allows faster downstream data transmission over the same line used to provide voice service,
without disrupting regular telephone calls on that line.
▪ Symmetrical Digital Subscriber Line (SDSL) – used typically by businesses for services such as
video conferencing. Downstream and upstream traffic speeds are equal. Faster forms of SDSL,
include High-data-rate Digital Subscriber Line (HDSL) and Very High-data-rate Digital
Subscriber Line (VDSL).
Cable modem
Cable modem service enables cable operators to provide broadband using the same coaxial cables
that deliver pictures and sound to your TV set, though you can still watch cable TV while using a cable
modem service. Transmission speeds vary depending on the type of cable modem, cable network and
traffic load. Speeds are comparable to or exceed typical residential DSL.
Fiber
Fiber optic technology converts to light electrical signals carrying data and sends the light through
transparent glass fibers about the diameter of a human hair. Fiber transmits data at speeds far
exceeding current DSL or cable modem speeds. The actual speed you experience, however, will vary
depending upon a variety of factors, such as how close to your computer the service provider brings the
fiber and how the service provider configures the service. The same fiber providing your broadband can
also simultaneously deliver voice (VoIP) and video services, including video-on-demand.
Wireless
Wireless fidelity (WiFi) connects end-user devices to a local Internet service via short-range wireless
technology. WiFi allows users to move WiFi-enabled devices around within their homes or businesses.
WiFi is also widely available in many public "hotspots."
Fixed wireless technologies using longer range directional equipment can provide broadband service in
remote or sparsely populated areas where other types of broadband would be too costly to provide.
Mobile wireless broadband services are also widely available from mobile broadband service providers.
Mobile wireless broadband service is typically slower than either wired or fixed wireless alternatives.
Satellite
Satellite broadband, another form of wireless broadband, is useful for serving remote or sparsely
populated areas. Downstream and upstream speeds for satellite broadband depend on several factors,
including the provider and service package purchased, the consumer's line of sight to the orbiting
satellite, and the weather. Satellite service can be disrupted in extreme weather conditions. Speeds
3
Federal Communications Commission · Consumer and Governmental Affairs Bureau · 45 L Street NE, Washington, DC 20554
1-888-CALL-FCC (1-888-225-5322) · TTY: 1-888-TELL-FCC (1-888-835-5322) · www.fcc.gov/consumer-governmental-affairs-bureau
may be slower than DSL and cable modem, but the download speed is still much faster than the
download speed with dial-up Internet access.
For satellite broadband service, a user must have:
▪ a two- or three-foot dish or base station – the most costly item
▪ a satellite Internet modem
▪ a clear line of sight to the provider's satellite
Getting broadband in your area
▪ Contact your local library and see if it has applied for the federal E-rate program, which
subsidizes broadband to libraries and schools.
▪ Contact local government officials and ask what they can do to attract broadband service
providers to your area. It is typically expensive to extend a broadband network to a new area.
Your county or municipality may be able to offer a broadband provider video franchise rights,
making building out a broadband network more attractive to potential providers.
▪ Talk with your state government or state public service commission to see what is being done or
can be done to get broadband to your area. For contact information for your state public service
commission, check NARUC's regulatory commissions web page.
Consumer Help Center
For more information on consumer issues, visit the FCC’s Consumer Help Center at
www.fcc.gov/consumers.
Alternate formats
To request this article in an alternate format - braille, large print, Word or text document or audio - write
or call us at the address or phone number at the bottom of the page, or send an email to
fcc504@fcc.gov.
Last Reviewed 02/05/20
Sample Background Information
Dgtlinfra.com – article What is a Cell Tower? Understanding How Cell Towers Work
What is a Cell Tower? Understanding How Cell Towers Work - Dgtl Infra
Lifewire.com – article 5G Cell Towers: Why You See Them and How They Work
5G Cell Towers: Why You See Them and How They Work (lifewire.com)
Geeksforgeeks.org – How Does the Internet Work?
How Does the Internet Work? - GeeksforGeeks