HomeMy WebLinkAboutOrd 2018-01ORDINANCE NO. 18-01
AN ORDINANCE OF THE MAYOR AND COUNCIL OF THE
TOWN OF FOUNTAIN HILLS, ARIZONA, AMENDING
TOWN CODE CHAPTER 16 "STREETS AND SIDEWALKS"
TO INCLUDE ARTICLE 16-2 CONTAINING PROVISIONS
RELATING TO SMALL WIRELESS FACILITIES AND THE
USE OF PUBLIC RIGHTS OF WAYS; AND DECLARING AN
EMERGENCY.
WHEREAS, the Arizona State Legislature passed House Bill 2365 amending the
Arizona Revised Statutes by adding Title 9, Chapter 5, Article 8 "Use of Public Highways by
Wireless Providers"; and
WHEREAS, the Town Council has determined that it is in the best interest of the
residents of Fountain Hills to amend Chapter 16 of the Town Code, to include Article 16-2;
WHEREAS, the Town Council declared Article 16-2 of the Town Code, which is
incorporated herein by reference, a public record by Resolution No. 2018-03 and ordered one
paper copy and one electronic copy maintained in compliance with Ariz. Rev. Stat. § 44-7041 on
file in the office of the Town Clerk and open for public inspection during normal business hours;
and
WHEREAS, the Town Council has determined that changes to the Town Code are
necessary to: promote the health, safety, and general welfare of the residents of the Town; to
enhance the aesthetic quality of the natural and built environment of the community; to maintain
and enhance the desirable character of the community; and to facilitate quality development in
accordance with the Town's adopted General Plan.
NOW THEREFORE BE IT ORDAINED BY THE MAYOR AND COMMON
COUNCIL OF THE TOWN OF FOUNTAIN HILLS, ARIZONA, AS FOLLOWS:
Section 1. Any proposal for the construction or installation of new monopoles, utility poles
associated with small wireless facilities, or wireless facilities in the public right of
way shall be subject to the following: Article 16.2 of the Town Code; the Town's
reasonable design standards; the Town's reasonable stealth and concealment
standards; the Town's reasonable rates and fees as adopted by the Town; and all
other applicable regulatory processes.
Section 2. Existing Chapter 16 of the Fountain Hills Town Code is hereby amended by the
addition of a new Article 16-2.
Section 3. Article 16-2 is hereby approved, adopted and incorporated into the Town Code by
reference, as fully as if set forth in this Ordinance in its entirety.
PHOENIX 77018-1 422449v5
Section 4. If any section, subsection, clause, phrase or portion of this Ordinance or any part
of the amended and restated Town Code Article 16-2 is for any reason held
invalid or unconstitutional by the decision of any court of competent jurisdiction,
such decision shall not affect the validity of the remaining portions thereof.
Section 5. 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 from and after its passage and approval by the Mayor and
Council as required by law and 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,
Arizona, this 20th day of February, 2018.
FOR THE TOWN OF FOUNTAIN HILLS:
L-Kda'M. Ka nagh, M or
REVIEWED BY:
r
Grady Miller, To " n Manager
PHOENIX 77018-1 422449v5
ATTESTED TO:
APPROVED AS TO FORM:
F0jZ
F a isman, Town Attorney