(A)   The purpose of this subchapter is to establish rules and regulations for the siting of wireless communications facilities.

   (B)   The goals of this subchapter are to provide for the development of wireless communication services by:

      (1)   Encouraging the consideration of the goals and provisions of the Wireless Communications Plan;

      (2)   Encouraging configurations which minimize additional visual impact through careful and innovative siting, design, landscape and camouflage techniques;

      (3)   Providing wireless communication services to the community in a broad, quick, effective and efficient manner;

      (4)   Encouraging the joint use (collocation) of facilities;

      (5)   Considering the public health, safety and welfare;

      (6)   Encouraging the use of existing vertical components;

      (7)   Considering historical and environmentally sensitive areas; and

      (8)   Considering impact on adjacent properties.

(Ord. § 605(A), passed 9-4-2008)

   For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

   ALTERNATIVE TOWER STRUCTURE. Vertical components not generally designed for use as antenna support structures, including but not limited to structures such as church steeples, ballpark light poles and water towers.

   ANTENNA. Any exterior device for transmitting and receiving wireless communication mounted on a tower, alternative tower structure, building or structure and used for transmitting and receiving wireless communication for a fee to more than one customer at one time.

   ANTENNA, ATTACHED. An antenna mounted on the exterior of an existing building, silo, smokestack, water tower, utility or power pole, existing wireless communication tower, or an alternative support structure.

   ANTENNA, CONCEALED (STEALTH). An antenna with a support structure that screens or camouflages the presence of antennas and/or towers from public view, in a manner appropriate to the site's context and surrounding environment. Examples of concealed antennas include but are not limited to man-made trees, clock towers, flagpoles that do not exceed ten feet above the maximum building height, light structures, steeples, watertanks, and architectural façade and parapet features.

   CERTIFICATION. A written statement of the fact to be certified made under oath by the applicant or licensed professional working for the applicant and notarized.

   COLLOCATION. Use by two or more wireless communication providers located on the same tower or alternative tower structure.

   COMMERCIAL COVERAGE. A single FCC licensee's network of wireless communications facilities providing a level of service to all areas of the community which, when fully developed, will permit viable commercial operation.

   FAA. The Federal Aviation Administration.

   FACILITY, EXISTING. A wireless communication facility in active use and for which a building permit has been properly issued and has not expired before the effective date of this subchapter.

   FACILITY, NEW. A wireless communications facility proposed to be located where a facility does not currently exist.

   FCC. The Federal Communications Commission.

   HEIGHT. The distance from the finished grade at the antenna tower base to the highest point of the tower. Overall tower height includes the base pad, mounting structures and panel antennas, but excludes lightning rods and whip antennas.

   TOWER, LATTICE. A self-support structure, erected on the ground, which consists of cross-bracing of structural steel to support antennas and related equipment.

   TOWER, MONOPOLE. A self-support structure, with a single shaft of wood, steel or concrete, and a platform for antenna arrayed at the top known as a "top hat."

   WIRELESS COMMUNICATION. Any technology for transmitting communication through the air.

   WIRELESS COMMUNICATION FACILITY. Any combination of one or more antennas, towers and/or structures or equipment used for the transmission of wireless communication.

   WIRELESS COMMUNICATION PROVIDER. Any FCC licensed service provider for the town, and any supplier of wireless communication facilities for those providers.

   USE, PERMANENT. The active daily use of antennas for the commercial transmission and receipt of wireless communication intended at the time of its installation and approved to be actively used for a permanent basis.

   USE, TEMPORARY. The active daily use of antennas for the commercial transmission and receipt of wireless communication intended at the time of its installation and approved to be actively used for a specific period of time.

   USER, SINGLE. A single dwelling or a single business.

(Ord. § 605(B), passed 9-4-2008)

   All wireless communications facilities shall be subject to this subchapter except those used solely for transmission and receipt by a single user and not otherwise restricted within that zoning district, including but not limited to amateur radio and devices necessary for the use of a subscription to a commercial wireless provider service such as wireless internet and satellite TV.

(Ord. § 605(C), passed 9-4-2008)

   The following are applicable to all wireless communication requests:

   (A)   Principal or accessory use. Antennas and towers may be considered either principal or accessory uses to the principal use of the property.

   (B)   Lot size. For purposes of determining whether the installation of a tower or antenna complies with district development regulations, even though the antennas or towers may be located on a separately leased portion of the lot, the density district requirements of the entire overall lot shall control requirements, including but not limited to setbacks, lot-coverage percentages, and other such requirements.

   (C)   Characteristics.

      (1)   Improvements comprising a wireless communication facility including tower structure, antennas and related electrical and mechanical equipment, shall, to the extent possible, use materials, colors, textures, screening and landscaping blending them into the natural and surrounding setting, unless subject to any applicable standards of the FAA.

      (2)   Towers shall not be artificially lighted, unless required by the FAA or other applicable authority. If lighting is required, the application shall contain a list of optional light devices and a statement of the reason for selection of the light device specified over each of the options.

      (3)   All wireless communication facilities shall be maintained in compliance with applicable state or local building codes under which they were constructed and any regulations of the FAA, the FCC, and any other federal government with the authority to regulate them or their components. If these federal standards and regulations are changed, then the owners of the wireless communication facilities governed by this section, which are applicable to these new federal standards, shall bring the towers and antennas into compliance with the revised standards and regulations within three months of the effective date of the standards and unless a different compliance schedule is mandated by controlling law. Wireless communications facilities that are not in compliance shall be removed at the owner's expense if not brought into compliance within 30 days after written demand by the town.

      (4)   Setback and separation distances shall be calculated and applied irrespective of municipal and county jurisdictional boundaries.

      (5)   Wireless communications facilities shall be regulated and permitted pursuant to this section and shall not be regulated or permitted as essential services, public utilities or private utilities.

      (6)   No signs shall be allowed at a facility with the exception of a single one-square-foot sign for each carrier, to provide emergency contact numbers.

      (7)   Except as provided in this section all building and use processes and requirements, including height restrictions, within the applicable zoning district shall apply to wireless communication facilities.

      (8)   Equipment shall not generate noise levels that exceed 50 dBa sound pressure level (SPL) on directly adjacent properties. This maximum sound level does not apply to generators used in emergency situations when the regular power supply is temporarily interrupted and noise made during the regular maintenance and upkeep of the facility and site. All aboveground equipment shall be enclosed by concrete masonry unit walls if located within 1,000 feet of existing residences.

(Ord. § 605(D), passed 9-4-2008)

   Wireless communications facilities located on property owned, leased or controlled by the town pursuant to agreement of or approved by the town shall be a permitted use in all zoning districts with zoning clearance. Prior to entering into a lease agreement with the town, the potential lessee shall conduct an informational meeting for owners of property within 1,000 feet of the proposed facility and the nearest known community/homeowners' association(s).

(Ord. § 605(E), passed 9-4-2008)

   (A)   Each wireless communication provider shall provide a plan of its facilities to the town prior to any application for the installation of a wireless communication facility. The plan shall cover the entire town extending one mile beyond the town border. The plan shall include the following:

      (1)   All of the provider's existing wireless communication facilities, by size, type and their coverage areas;

      (2)   All presently anticipated future service areas, anticipated deployment date and types of wireless communication facilities and heights desired for each of the service areas;

      (3)   The various types of wireless communication facilities used by the provider to furnish service and when they are used. This includes drawings providing the sizes and shapes of the antennas and equipment as well as written materials describing their application;

      (4)   The provider's policy direction for the mitigation and/or reduction of existing and proposed towers to avoid the proliferation of such facilities;

      (5)   The provider's policy direction on the mitigation and/or reduction of the negative visual impact created by existing towers, including any proposals to conceal or disguise the facilities designed to be architecturally and/or environmentally compatible with their surroundings;

      (6)   The provider's policy direction on collocation of antennas on their own facilities, on facilities from other providers, or on other structures which provide the verticality required for the antennas; and

      (7)   Designation of an agent of the provider who is authorized to receive communications and notices pursuant to this section.

   (B)   Information contained in each provider's communication plan shall be treated as confidential and not disclosed to other providers unless noted by the provider in the plan.

   (C)   Information noted as nonconfidential information may be shared with other interested parties seeking to locate wireless communication facilities in the town, in an effort to promote collocation and co-development of facilities.

(Ord. § 605(F), passed 9-4-2008)

   (A)   General. The following provisions shall govern the issuance of permits for towers or antennas:

      (1)   If the wireless communication facility is not a permitted use, then an administrative approval or a use permit shall be required for the construction.

      (2)   Applications for administrative approvals and use permits for a wireless communication facility shall be subject to the procedures and requirements for use permits generally, except as modified in this section.

      (3)   Fees for applications under this section are listed in the Town Zoning Regulations Fee Schedule set forth in Appendix A to this chapter.

      (4)   All use permit or administrative review approvals for new wireless communication facilities shall be granted for a maximum period of ten years with staff review after five years. The applicant/structure owner shall be responsible for initiating an administrative renewal and possible extension of the approved wireless facility and shall demonstrate that changes in technology, that are economically feasible, have not eliminated the need for the facility as approved. Applications for collocation on existing structures shall be set for a period of time so that the expiration date for the collocation expires simultaneously with the structure. If an extension is denied by the Zoning Administrator, the applicant may appeal the decision to the Planning and Zoning Commission and Town Council, by applying for a use permit.

      (5)   In granting approval of an application, the town may impose conditions to the extent that such conditions carry out the purposes of this section.

      (6)   Any information of an engineering nature that the applicant submits shall be certified by an Arizona licensed professional engineer.

      (7)   No new wireless communication facilities within 1,000 feet of any residences, including single and multiple-family residences and residential facilities, such as group homes and nursing homes, with the exception of attached antenna and concealed antenna sites that do not exceed ten feet above the maximum building height of the applicable density district, which will be reviewed on a case-by-case basis. For those wireless communication facility sites exceeding ten feet above the maximum building height for their density district, there shall be a ten-foot setback for every one foot in tower height from existing residences with a minimum setback of 1,000 feet required.

      (8)   No new wireless communication facilities shall be installed within unique or scenic areas/sites identified within the community plan area.

      (9)   No new wireless communication facilities shall be installed in any area that may mar mountain views, or visually sensitive areas, from any direction unless the facility uses arrays, pole diameters, shapes and colors that shall blend it with other similar vertical objects and not be intrusive in its setting or obtrusive to views.

      (10)   The Zoning Administrator is authorized to employ, on behalf of the town, an independent technical expert to review any technical materials submitted, including but not limited to those required under this section, and in those cases where a technical demonstration of unavoidable need or unavailability of alternatives is required. The applicant shall pay all the costs of the review.

      (11)   Prior to applying for a new facility, the applicant shall meet with community groups and interested individuals who reside or own property within 1,000 feet of the proposed site to explain the proposed project. The purpose of these meetings is to inform and educate the community on wireless communications, and the restrictions placed on the town by the Federal Telecommunications Act of 1996, as well as to solicit suggestions from these groups about the applicant's proposal and impact mitigation measures. Applicant shall make a concerted effort to incorporate the community suggestions for impact mitigation generated by the meetings and describe the efforts in the application. Applicant shall be prepared to discuss information, including but not limited to technical aspects and visual aspects, including alternative sites and designs. Applicant shall provide detailed meeting minutes, copy of all materials delivered or received, and documentation of who attended the meetings from the community organization.

   (B)   Performance criteria.

      (1)   (a)   The order of preferences for wireless communication facilities is, from most preferred to least preferred:

            1.   Collocation on an existing facility or electrical utility pole;

            2.   Attached antennas on an existing verticality;

            3.   New sites located on public lands at least 5,000 feet from private land;

            4.   New concealed or attached antenna sites located on/at public or quasi-public facilities;

            5.   Concealed sites;

            6.   New towers/facilities under 99 feet;

            7.   New towers/facilities 100 feet to 199 feet; and

            8.   New towers/facilities 200 feet and over.

         (b)   New facilities shall use the most preferred facility type where technically feasible, even if it results in an increase in the number of facilities, or a higher cost. A lesser preferred facility type may be permitted only if the applicant presents substantial evidence to show that it will have a lesser visual impact than the use of more preferred facilities.

      (2)   The following characteristics are deemed consistent with the purposes of this section and will be afforded favorable weight in considering the application:

         (a)   Sites located on public lands;

         (b)   Existing structures will be preferred over new structures;

         (c)   New structures which appear to be structures commonly found within that zoning district are preferred over apparent wireless structures;

         (d)   Wireless communication facilities which cannot be readily observed from adjacent streets;

         (e)   Structure heights which do not exceed the height limitations for that zoning district. When heights may exceed an adjacent jurisdiction's height restrictions, that jurisdiction(s) will be notified of the application;

         (f)   Collocation of all licensed carriers for the town on a single wireless communication facility in remote locations will have significant favorable weight in evaluating the application;

         (g)   Network development plans which achieve the fewest number of wireless communication facilities of all providers reasonably necessary for commercial coverage;

         (h)   Location in the least restrictive zoning district, starting with industrial; and

         (i)   Suitability of the location for collocation of governmental public service wireless communication facilities.

   (C)   Review procedures.

      (1)   (a)   Administrative review. Applications for collocation of antennas on and equipment at an existing, permitted wireless communications facility, shall be subject to review and approval by the Zoning Administrator. Applications to place antennas on top of, or attached to, an existing or replaced utility/power pole which does not extend the height of the existing pole by more than ten feet shall also be evaluated by the administrative review process. A decision shall be rendered to approve or deny within 14 days of submittal of a complete application. If an administrative review application is denied by the Zoning Administrator, the applicant may then apply for a use permit, and appeal the decision before the Planning and Zoning Commission and Town Council, if desired.

         (b)   Application requirements. The following shall be submitted with each administrative review application:

            1.   Completed hearing application submittal form, letter of authorization, and permission to enter property letter as contained in the application procedures information packet;

            2.   An updated Provider's Communication Plan, including any proposed changes in the service areas, antennas, towers and policy direction;

            3.   The zoning classification of the site;

            4.   Plans showing elevation drawings of the exterior of each element of the proposed wireless communication facility, method of fencing, coloration and landscaping;

            5.   Certification that the wireless communication facility, as represented in the application, will comply with all FAA, FCC and other applicable regulations;

            6.   Copies of all wireless telecommunication licenses for all providers who will use the facility at the time of filing the application; and

            7.   Copy of signed, redacted lease agreement with landowner.

      (2)   (a)   Administrative review with comment period. Applications for new wireless communication facilities that do not exceed ten feet above the maximum height allowed in that density district, or sites on public lands located at least 5,000 feet from the nearest privately owned land, would be subject to administrative review with a 21-day public comment period. Surrounding property owners and community organizations shall receive notice of the application. If an administrative review with comment period application is denied by the Zoning Administrator, the applicant may then apply for a use permit, and appeal the decision before the Planning and Zoning Commission and Town Council, if desired.

         (b)   Application requirements. The following is to be submitted with each administrative review with comment period application:

            1.   All material associated with the submittal of an administrative review application as stated above, in addition to the following;

            2.   A mailing list of all property owners within 1,000 feet of the facility site, and pre-addressed envelopes affixed with first class postage to each property owner;

            3.   A map showing the adjacent roadways, and proposed means of legal access;

            4.   RF propagation maps showing the coverage areas of the proposed site and how it interacts with the coverage areas of connecting sites;

            5.   The setback distance between the proposed wireless communication facility, the nearest residential unit and/or the nearest residential zoned, privately owned properties;

            6.   Certification of whether the applicant is applying for collocation treatment, and how many carriers could be accommodated on the facility with adequate signal coverage;

            7.   Certification that no town or other municipal owned site or existing wireless facility reasonably meets the needs of the applicant, listing all such sites within five miles of the proposed site and the reason each is not physically adequate for reasonable commercial coverage, or not economically feasible for location;

            8.   A visual analysis, which may include photo simulations, field mock-ups or other techniques which identify the potential visual impacts of the proposed facility. Photo simulations shall be provided from the three closest residences within one-half mile of the proposed site and from the closest collector or arterial street. The Zoning Administrator may, at his or her discretion, request additional photos from specific vantage points; and

            9.   Attendees list, minutes and information obtained from required community meeting.

      (3)   (a)   Use permit. Any new wireless communication facility that exceeds ten feet above the maximum height allowed in the density district, or does not meet all of the criteria to be allowed in the administrative review processes, shall require a use permit.

         (b)   Application requirements. The following is to be submitted with each use permit application:

            1.   All material associated with the submittal of an administrative review with comment period application as stated above, in addition to the following;

            2.   A completed use permit application packet;

            3.   A mailing list of all property owners within the distance required from the facility site, as indicated in the table below, and pre-addressed envelopes affixed with first class postage to each property owner;

 

 

            4.   RF frequency propagation maps showing the coverage areas of the proposed site and how it interacts with the coverage areas of connecting sites. If the applicant is seeking collocation of multiple carriers, the RF propagation coverage maps should also include on a separate map, the coverage areas obtained from the lowest collocation point on the tower;

            5.   Certification that policing, fire departments, public safety, water and local governments having jurisdiction within five miles of the site have been notified of the application;

            6.   The applicant shall submit a visual analysis, which may include photo simulations, field mock-ups, or other techniques which identify the potential visual impacts of the proposed facility. Photo simulations shall be provided from the five closest residences within two miles of the proposed site and from the closest collector or arterial street. The Development Services Director or Zoning Administrator or his/her designee may at his or her discretion, request additional photos from specific vantage points; 

            7.   A written narrative/explanation of why it is necessary that the proposed wireless communications facility be located in the proposed location, and why it will exceed the maximum height allowance for the zoning district in which it is proposed. If the explanation is based on coverage maps, structural calculations, lease amounts, or any other information pertinent to the need for the structure or additional height, this information shall be included as appendices to the narrative.

      (4)   Standards. In addition to any standards for consideration of use permit applications, the following shall be considered in determining whether to issue a use permit or administrative approval: height proposed, proximity to other uses, historic sites, landmarks, vehicle traffic routes, medical facilities, air routes, topographical features, utilities, access, suitability of alternative sites and visual impact.

(Ord. § 605(G), passed 9-4-2008)

   The policy of this section is to encourage collocation.

   (A)   Preference. An applicant who certifies in writing that the tower constructed will be suitable for collocating multiple providers of varying wireless technologies and, as a condition of zoning, executes a written agreement (collocation agreement) with the town on a form approved by the Town Attorney, consenting to application of the terms of this provision shall, unless waived by the applicant, receive preferential treatment for a final approval or rejection of its application after a complete and correct application, fee and all required documentation and information is filed.

   (B)   In addition to equipment proposed for the applicant's use, proposed antenna facilities, including concealed antennas, shall be designed to accommodate collocation for at least one additional wireless communications provider for every 30-foot segment of facility height, or portion thereof, over 30 feet. The Town Council may reduce the required shared capacity, if a facility necessary to provide for such collocation adversely alters the area's visual character.

   (C)   Collocation agreement. The collocation agreement shall provide for at least the following:

      (1)   The applicant shall accept for collocation any FCC licensed wireless communication provider (additional user) using any compatible technology on commercially reasonable terms, considering all of the factors a reasonable tower leasing company would deem relevant in entering into such an agreement;

      (2)   Any additional user seeking collocation shall submit specifications for its equipment and use (request) to the applicant and applicant shall, within 30 days thereafter, respond to the party in writing (response) furnishing all technical requirements that must be resolved before collocation;

      (3)   The applicant and the additional user shall, thereafter in good faith, attempt to resolve any technical or business terms. If, after 30 days from the response, the additional user believes the applicant has not negotiated in good faith, the additional user may submit, in writing, a request for arbitration to applicant and the American Arbitration Association, which shall designate a person knowledgeable in collocation of wireless communication carriers to act as arbitrator and decide all issues between the parties. This arbitration shall be held within 30 days of the request for arbitration. Upon the written agreement of both parties, a different procedure for binding dispute resolution may be used. The result of the arbitration or other resolution method agreed to by the parties shall be binding and non-appealable;

      (4)   If the arbitrator certifies in writing to the town that the applicant has failed to comply with the decision of the arbitrator within 15 days of its issuance by the arbitrator, the use permit or administrative approval for the wireless communication facility in question shall be terminated and the wireless communications facility shall be removed within 30 days of the date of the arbitrator's certification, failing which, the town shall have all of the remedies available to it for elimination of a use in violation of the zoning regulations;

      (5)   The additional party, upon submitting the request, shall become a third-party beneficiary to the collocation agreement;

      (6)   The town shall not be a party to any contract between the applicant and the additional party and shall not be a required party and shall not be made a party to any dispute or arbitration, and the applicant shall indemnify, defend and hold the town harmless from any cost, including reasonable attorney fees, associated with such matters; and

      (7)   A lease or other agreement containing the business terms proposed by the applicant for collocation shall be attached as an exhibit to the collocation agreement.

(Ord. § 605(H), passed 9-4-2008)

   The following setback requirements shall apply to all towers; provided, however, standard setback requirements may be decreased if the goals of this subchapter would be better served thereby:

   (A)   Towers must be set back from any lot line a distance equal to at least 110% of the height of the tower unless a greater setback is required for the particular zoning district; i.e., the reclining length of any tower must be located on the lot so that, in the case of collapse, the tower would be contained within the bounds thereof.

   (B)   Guys and accessory structures must satisfy the minimum zoning district setback requirements.

   (C)   If shown by proof of collapse safety with a certified engineer's letter stating that, in case of collapse, the tower would be contained on site, the Zoning Administrator could waive the one-to-one setback as required above.

   (D)   Facilities that are located on existing or replaced street lights, traffic signal poles or electrical utility poles are exempt from any setback requirements.

(Ord. § 605(I), passed 9-4-2008)

   (A)   Within 30 days of Town Council approval, financial assurances shall be posted by the applicant for the occurrence or possible need for removal of the tower and returning the natural state of the site, prior to submittal and approval of building permits/zoning clearances.

   (B)   Towers and antennas shall be removed, at the owner's expense, within 180 days if not used for a permanent use within that time unless this period is extended pursuant to this section. If the tower or antenna is not timely removed, the town may give notice that it will contract for removal within 30 days following written notice to the owner. Thereafter, the town may cause removal at the cost of the owner.

   (C)   An owner wishing to extend the time for removal or reactivation shall submit an application stating the reason for such extension. The Development Services Director or Zoning Administrator or his/her designee or his or her designate may extend the time for removal or reactivation up to 60 additional days upon a showing of good cause.

   (D)   Upon removal of the wireless telecommunications facility, the site shall be returned to its natural state and topography and vegetated consistent with the natural surroundings.

(Ord. § 605(J), passed 9-4-2008)

   No existing wireless telecommunications facility may be changed or modified except as follows:

   (A)   (1)   The change or modification is required by a change in user or technology; or

      (2)   The change is required for the collocation of additional carriers on the existing structure.

   (B)   The change does not increase the height of the tallest component above the height approved in the use permit, administrative approval, or in the case of an pre-existing facility, its then current height; and

   (C)   At the conclusion of the change or modification, the facility complies with all applicable codes, statutes, ordinances and requirements placed upon the granting of the application; and

   (D)   An explanation is submitted to the Development Services Director or Zoning Administrator or his/her designee stating why the modification is necessary, and an updated Provider's Communication Plan, including any proposed changes in the service areas, antennas, towers and policy direction is provided.

(Ord. § 605(K), passed 9-4-2008)