Fountain Hills City Zoning Code

17 Wireless

Telecommunications Towers and Antennas

Section 17.01 Purpose, Intent, and Applicability

A. The purpose of this chapter is to establish general guidelines for the siting of wireless communications towers and antennas. The goals of this chapter 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.

B. It is the intent of this chapter:

1. That no wireless communication towers or antenna be sited, constructed, reconstructed, installed, materially changed, expanded, or used unless in conformity with this chapter.

2. To achieve a balance between the need to provide wireless services with the health, safety, and general welfare of the residents of Fountain Hills by balancing four (4) simultaneous objectives:

a. Enabling personal wireless service providers to provide adequate personal wireless services throughout the Town so that Town residents can enjoy the benefits of same from any FCC-licensed wireless carrier from which they choose to obtain such services;

b. Minimizing the number of cell towers and/or other personal wireless service facilities needed to provide such coverage;

c. Preventing, to the greatest extent reasonably practical, any unnecessary adverse impacts upon the Town’s communities, residential areas, and individual homes; and

d. Complying with all the legal requirements which the Telecommunications Act of 1996, as amended (“TCA”) imposes upon the Town, when the Town receives, processes and determines applications seeking approvals for the siting, construction and operation of cell towers and/or other personal wireless service facilities.

New Towers and Antennas. All new towers or antennas in Town of Fountain Hills shall be subject to these regulations. The following exceptions apply:

1. Amateur Radio Station Operators/Receive Only Antennas. This chapter 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. Pre-existing Towers or Antennas. Legally established pre-existing towers and pre-existing antennas shall not be required to meet the requirements of this chapter, other than the requirements of Sections 17.06(B)(1) and 17.06(C).

3. AM Array. For purposes of implementing this chapter, an AM array, consisting of one (1) or more tower units and supporting ground system which functions as one (1) AM broadcasting antenna, shall be considered one (1) 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.

4. Small Cell Towers in the Right-of-Way. Wireless communication towers and antenna meeting the definition of small wireless facilities as contained in A.R.S. 9-591 are subject to the requirements of Article 16-2, Small Wireless Facilities, of the Town Code.

5. Mobile or Temporary Towers. Mobile wireless facilities, when placed on site for seven (7) consecutive days or less, provided any necessary building permit or encroachment permit is obtained.

6. Utility Service Antennas in the Right-of-Way. Utility service antennas as defined in this chapter placed in the public right-of-way are subject to the requirements of Article 16-3, Utility Service Antenna, of the Town Code. (24-08, Amended, 09/04/2024, Deleted and replaced)

Section 17.02 Definitions

As used in this chapter, 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 (1) 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.

“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 pre-existing antennas” means any tower or antenna for which a building permit has been properly issued prior to the effective date of the ordinance codified in this chapter, 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 (1) 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.

“Utility service antennas” means antenna placed on or near utility boxes, poles, switches, storage tanks, etc., and used by a utility provider to facilitate the operation of the utility system.

“Wireless communication” means the transmission of voice or data without cable or wires.

“Wireless communication facility” means wireless communication facilities including, but not limited to, facilities that transmit and/or receive electromagnetic signals for cellular radio telephone service, personal communications services, enhanced specialized mobile services, paging systems, and related technologies. Such facilities also include antennas, microwave dishes, parabolic antennas, and all other types of equipment used in the transmission or reception of such signals; telecommunication towers or similar structures supporting said equipment; associated equipment cabinets and/or buildings; and all other accessory development used for the provision of personal wireless services. These facilities do not include radio and television broadcast towers and government-operated public safety networks. (24-08, Amended, 09/04/2024, Deleted and replaced)

Section 17.03 Requirements

1. 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.

2. 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.

3. Aesthetics. Towers and antennas shall meet the following requirements:

a. Towers shall, subject to any applicable standards of the FAA, be painted a neutral color so as to reduce visual obtrusiveness.

b. 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.

c. 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.

d. The choice of design for installing a new wireless communication facility or the substantial modification of an existing wireless communication facility shall be chosen to minimize the potential adverse impacts that the new or expanded facility may, or is likely to, inflict upon nearby properties. Stealth designs such as mono-palms or flagpoles should be utilized to camouflage the pole and antennas.

i. Accessory structures shall maximize the use of building materials, colors, and textures designed to blend with the natural surroundings. The use of camouflage communications towers may be required by the Council to blend the communications tower and/or its accessory structures further into the natural surroundings. “Camouflage” is defined as the use of materials incorporated into the communications tower design that give communications towers the appearance of tree branches and bark coatings, church steeples and crosses, sign structures, lighting structures, or other similar structures.

ii. Accessory structures shall be designed to be architecturally similar, compatible with each other, and shall be no more than 12 feet high. The buildings shall be used only for housing equipment related to the particular site. Whenever possible, the buildings shall be joined or clustered so as to appear as one (1) building.

iii. No portion of any telecommunications tower or accessory structure shall be used for a sign or other advertising purpose, including but not limited to the company name, phone numbers, banners, and streamers, except the following. A sign of no greater than 2 square feet indicating the name of the facility owner(s) and a twenty-four (24) hour emergency telephone shall be posted adjacent to any entry gate. In addition, “no trespassing” or other warning signs may be posted on the fence. All signs shall conform to the sign requirements of the Town.

f. Towers must be placed to minimize visual impacts. Applicants shall place towers on the side slope of the terrain so that, as much as possible, the top of the tower does not protrude over the ridgeline, as seen from public ways.

g. Existing Vegetation. Existing vegetation shall be preserved to the maximum extent possible. No cutting of trees shall take place on a site connected with an application made under this chapter prior to the approval of the application.

i. Tree plantings may be required to screen portions of the telecommunications tower and accessory structures from nearby residential property as well as from public sites known to include important views or vistas. The standard buffer shall consist of a landscaped strip at least 4 feet wide outside the perimeter of the compound. Additional palm trees may be required to accompany towers which use a palm tree stealth design.

ii. Where a site adjoins a residential property or public property, including streets, screening suitable in type, size and quantity shall be required by the Town Council.

iii. The applicant shall demonstrate to the approving board that adequate measures have been taken to screen and abate noise emanating from on-site equipment, including but not limited to heating and ventilating units, air conditioners, and emergency power generators. Telecommunications towers shall comply with all applicable sections of this chapter as it pertains to noise control and abatement.

i. If placed on another utility structure such as a water tower, the antenna shall be painted to blend with the building or equipment it is placed on.

ii. If a separate tower structure is used, the design shall comply with the provisions in this section.

4. 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.

5. 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.

6. 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.

7. 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.

8. Signs. No signs other than those required by law shall be allowed on an antenna or tower.

9. 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.

10. Security fencing. Towers shall be enclosed by security fencing not less than 6 feet in height and no more than 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.

11. Noise. Submission of applications for towers and associated equipment shall include noise and acoustical information, prepared by a qualified firm or individual, for the base transceiver station(s), equipment buildings, and associated equipment such as air conditioning units and backup generators. The Town may require the applicant to incorporate appropriate noise baffling materials and/or strategies to avoid any ambient noise from equipment reasonably likely to exceed the applicable noise regulations contained in Section 11-1-7 of the Town Code.

12. Any information of an engineering nature that the applicant submits, whether civil, mechanical, or electrical, shall be certified by an Arizona licensed professional engineer.

13. Application approval 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.

1. Setbacks From Property Lines. Except for utility service antennas, the following setback requirements shall apply to all towers; provided, however, that the Town Council may reasonably reduce the standard setback requirements if the goals of this chapter would be better served thereby:

a. 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 the setback distance shall be increased as required to comply with the separation distances from residential uses in accordance with Table 1 set forth below.

b. Accessory buildings must satisfy the minimum zoning district setback requirements.

2. Separations From Adjacent Uses. Except for utility service antennas, the following separation requirements shall apply to all towers and antennas; provided, however, that the Town Council may reasonably reduce the standard separation requirements if the goals of this chapter would be better served thereby.

i. 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.

ii. Separation requirements for towers shall comply with the minimum standards established in Table 1.

Off-Site Use/Designated Area	Separation Distance
Single-family or duplex residential buildings¹	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 expired²	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

1Includes modular homes and mobile homes used for living purposes. Separation measured from base of tower to the closest building wall.

2Separation measured from base of tower to closest building setback line.

3Includes 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.

b. Separation Distances Between Towers. Separation distances between towers shall be applicable for and measured between the proposed tower and pre-existing 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 2.

	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

1. Antennas Mounted on Structures or Rooftops. The equipment cabinet or structure used in association with antennas shall comply with the following:

a. The cabinet or structure shall not contain more than 120 square feet of gross floor area or be more than 8 feet in height and shall be located on the ground.

b. Equipment storage buildings or cabinets shall comply with all applicable building codes.

2. 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:

a. In residential districts, the equipment cabinet or structure may be located:

i. In a required front yard or required street side yard, provided the cabinet structure is no greater than 3.5 feet in height and 20 square feet of gross floor area and the cabinet/structure is located a minimum of 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.

ii. In a required rear yard, provided the cabinet or structure is no greater than 5 feet in height or 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 6 feet.

iii. 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.

b. In commercial or industrial districts the equipment cabinet or structure shall be no greater than 14 feet in height or 300 square feet in gross floor area. The structure or cabinet shall be screened by sight-obscuring landscaping with an ultimate height of 16 feet and a planted height of at least 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.

3. Modification of Building Size Requirements. In the case of wireless facilities considered by the Town Council, the requirements of subsections (C)(1) and (C)(2) of this section may be modified by the Town Council to address site specific conditions and requirements.

1. Any new telecommunications tower shall be designed to accommodate future shared use by other communications providers. Design considerations shall include sufficient area for additional ground equipment, structural design of the tower, and sufficient electrical power available for the load of at least two (2) additional wireless service providers.

2. 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 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 comply with this section.

3. 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.

4. 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.

5. 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. (24-08, Amended, 09/04/2024, Deleted and replaced)

Section 17.04 Application Types

A. Administrative. The following types of applications are processed administratively by staff:

1. Applications to change or modify an existing administratively approved wireless communication facility that remains in compliance with all chapter requirements.

2. Applications to change or modify an existing wireless communication facility approved through public review; provided, that the modification will not:

a. Increase the approved height of the supporting structure by more than ten percent (10%) or 20 feet, whichever is greater;

b. Cause the original approved number of antennas to be exceeded by more than fifty percent (50%);

c. Increase the original approved square footage of accessory buildings by more than 200 square feet;

d. Add new, additional, or larger microwave antenna dishes;

e. Expand the footprint of said support structure; or

f. Potentially cause significant adverse impacts on the existing support structure or the surrounding area.

3. Applications for co-location of additional antenna for an additional service provider on an existing administratively approved tower that remains in compliance with all chapter requirements.

4. Applications for co-location of additional antenna for an additional service provider on an existing tower approved through public review; provided, that the modification will not:

a. Increase the approved height of the supporting structure by more than ten percent (10%) or 20 feet, whichever is greater;

b. Cause the original approved number of antennas to be exceeded by more than fifty percent (50%);

c. Increase the original approved square footage of accessory buildings by more than 200 square feet;

d. Add new, additional, or larger microwave antenna dishes;

e. Expand the footprint of said support structure; or

f. Potentially cause significant adverse impacts on the existing support structure or the surrounding area.

5. Applications for new utility service antenna that comply with the height and setback requirements of the zoning district in which they are located.

6. Applications for mobile or temporary wireless facilities for more than seven (7) consecutive days.

7. Applications for new towers in the following locations:

a. Town property with the tower located at least 300 feet from a residential zoning boundary.

b. On commercial, industrial, utility, or lodging zoned property and located at least 300 feet from a residential zoning boundary.

c. 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 at least 300 feet from a residential zoning boundary.

1. Any new tower or modification to existing towers or antennas that do not meet the requirements in subsection (A) of this section for administrative review shall require review and approval as provided in subsection 17.05(C)(2). Any new tower not meeting the setback or separation requirements in Section 17.03(B). (24-08, Amended, 09/04/2024, Deleted and replaced)

Section 17.05 Application Submittal, Review, and Processing

A. General. The following provisions shall govern the review of all wireless communication facility applications:

1. Complete Application. Applications for wireless communication facilities shall be filed electronically on the Town’s website by an owner of real property and shall contain the area proposed for the wireless communication facility using the process established by the Director for such applications. All such applications shall include the information required in this section. Applications filed on behalf of the property owner by a third party shall include a statement from the property owner authorizing the submittal of the application.

2. Applications shall include documentation of compliance with items listed in Section 17.03(A) as applicable to the application submitted.

3. Inventory of Existing Sites. Each applicant for a new tower or co-location of new antenna on an existing tower shall provide to the Development Services 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 (1) mile of the border thereof, including specific information about the location, height, and design of each tower. Each applicant shall also provide a one (1) year build-out plan for all other wireless communications facilities within the Town. The Development Services Director may share such information with other applicants applying for administrative approvals or special use permits under this chapter or with other organizations seeking to locate antennas within the jurisdiction of Town of Fountain Hills; provided, however, that the Development Services Director is not, by sharing such information, in any way representing or warranting that such sites are available or suitable.

a. If the antenna complies with the height requirements of the underlying zoning district, the plans for the antenna will be reviewed and approved with the overall site development plans if the site is being developed concurrently. If the antenna is being added to an existing utility site, the plans will be reviewed and processed consistent with the requirements of subsection (C)(2) of this section.

b. If the antenna does not comply with the height requirements of the underlying zoning district, the plans for the antenna will be reviewed and processed consistent with the requirements of subsection (C)(3) of this section.

a. Dimensioned, to-scale drawings showing the existing and proposed antenna on the tower including the height of the tower and the antennas.

b. The number and type of existing and proposed antennas.

c. Engineering calculations documenting the structural changes and certifying the tower’s ability to carry the new antennas.

d. Dimensioned, to-scale drawings illustrating modification of ground equipment, if any.

In addition to any information required for applications for special use permits pursuant to Chapter 2, Section 2.02, applicants for a new wireless facility 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 17.03(B)(1), adjacent roadways, proposed means of access, elevation drawings of the proposed tower and any other structures, photo simulations showing the tower in the proposed location from at least four (4) directions, 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 17.03(B)(2) 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 17.03(A)(3), 17.03(A)(4), 17.03(A)(5), 17.03(A)(7), 17.03(A)(8), 17.03(A)(9), 17.03(A)(10), 17.03(A)(11), 17.03(B), subsection (A)(3) of this section, Sections 17.06(A) and 17.06(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.

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.

7. Filing Fee. Payment of a filing fee in an amount established by a schedule adopted by resolution of the Council and filed in the offices of the Town Clerk. No part of the filing fee shall be returnable.

B. Shot Clocks and Tolling. To comply with the requirements of Section 47 U.S.C. §332(c)(7)(B)(ii) of the TCA, the following shot clock periods set forth hereinbelow shall be presumed to be reasonable periods within which the Town shall render determinations upon applications for wireless communication facilities.

The Town shall render determinations upon such applications within the periods set forth hereinbelow, unless the applicable shot clock period listed below is tolled, extended by agreement or the processing of the application is delayed due to circumstances beyond the Town’s control.

a. Receipt of Initial Application. Upon receipt of an application, the Development Services Director, or designee, shall review the application for completeness. If the Director determines the application is: (i) incomplete, (ii) missing required application materials, (iii) is the wrong type of application, or (iv) is otherwise defective, then, within ten (10) days for administrative applications and thirty (30) days for public hearing applications of the Town’s receipt of the application, the Director, or their designee, shall notify the applicant of the finding and state what is needed to have a complete application.

The notice of incompleteness shall toll the shot clock, which shall not thereafter resume running unless and until the applicant tenders an additional submission to the Director to remedy the issues identified in the notice of incomplete application. The submission of any responsive materials by the applicant shall automatically cause the shot clock period to resume running.

If upon receipt of any additional materials from the applicant, the Director determines that the application is still incomplete and/or defective, then the Director shall, once again notify the applicant within ten (10) days for administrative applications and thirty (30) days for public hearing applications of the applicant having filed its supplemental or corrected materials to the Town and the shot clock shall once again be tolled, and the same procedure provided for hereinabove shall be repeated.

b. Application Review. The shot clock for administrative applications which do not involve new towers is ninety (90) days. The shot clock for administrative applications with new towers and public review applications is one hundred fifty (150) days.

2. Shot Clock Tolls, Extensions and Reasonable Delay Periods. Consistent with the letter and intent of Section 47 U.S.C. §332(c)(7)(B)(ii) of the TCA, each of the shot clock periods set forth within subsection (B) of this section shall generally be presumed to be sufficient periods within which the Town shall render decisions upon applications.

Notwithstanding the same, the applicable shot clock periods may be tolled, extended by mutual agreement between any applicant and/or its representative and the Town, and the Town shall not be required to render its determination within the shot clock period presumed to be reasonable for each type of application, where the processing of such application is reasonably delayed, as described hereinbelow.

a. Tolling of the Applicable Shot Clock Due to Incompleteness and/or Applicant Error. As provided for within subsection (B)(1) of this section, in the event that the Development Services Director deems an application incomplete, the Director shall send a notice of incompleteness to the applicant to notify the applicant that its application is incomplete and/or contains material errors, and shall reasonably identify the missing information and/or documents and/or the error(s) in the application.

If the Director sends a notice of incompleteness as described hereinabove, the applicable shot clock shall automatically be tolled, meaning that the applicable shot clock period within which the Town is required to render a final decision upon the application shall immediately cease running, and shall not resume running, unless and until the Town receives a responsive submission from the applicant.

If and when the applicant thereafter submits additional information in an effort to complete its application, or cure any identified defect(s), then the shot clock shall automatically resume running, but shall not be deemed to start running anew.

The applicable shot clock period shall, once again, be tolled if the Director thereafter provides a second notice that the application is still incomplete or defective, despite any additional submissions which have been received by the Town, from the applicant, up to that point.

b. Shot Clock Extension by Mutual Agreement. The Town shall be free to extend any applicable shot clock period by mutual agreement with any respective applicant. This discretion on the part of the Town shall include the Town’s authority to request, at any time, and for any period of time the Town may deem reasonable or appropriate under the circumstances, consent from a respective applicant to extend the applicable shot clock period to enable the Town, the applicant, or any relevant third party, to complete any type of undertaking or task related to the review, analysis, processing, and determination of the particular application, which is then pending before the Town, to the extent that any such undertaking, task, or review is consistent with, or reasonably related to, compliance with any federal, state, or local law and/or the requirements of any provision of the Town Code, including but not limited to this chapter.

In response to any request by the Town, the applicant, by its principal, agent, attorney, site acquisition agent, or other authorized representative, can consent to any extension of any applicable shot clock by affirmatively indicating its consent either in writing or by affirmatively indicating its consent on the record at any public hearing or public meeting. The Town shall be permitted to reasonably rely upon a representative of the applicant indicating that they are authorized to grant such consent on behalf of the respective applicant, on whose behalf they have been addressing the Town within the review process.

c. Reasonable Delay Extensions of Shot Clock Periods. The Town recognizes that there may be situations wherein, due to circumstances beyond the control of the Town and/or the Town Council, the review and issuance of a final decision upon an application for a wireless communication facility cannot reasonably be completed within the application shot clock periods delineated within subsection (B) of this section.

If, despite the exercise of due diligence by the Town, the determination regarding a specific application cannot reasonably be completed within the applicable shot clock period, the Town shall be permitted to continue and complete its review and issue its determination at a date beyond the expiration of the applicable period, if the delay of such final decision is due to circumstances including, but not limited to, those enumerated hereinbelow, each of which shall serve as a reasonable basis for a reasonable delay of the applicable shot clock period.

i. In the event that the rendering of a final decision upon an application under this chapter is delayed due to natural and/or unnatural events and/or forces which are not within the control of the Town, such as the unavoidable delays experienced in government processes due to the COVID 19 pandemic, and/or mandatory compliance with any related federal or state government orders issued in relation thereto, such delays shall constitute reasonable delays which shall be recognized as acceptable grounds for extending the period for review and the rendering of final determinations beyond the period allotted under the applicable shot clock.

ii. In the event that applicant tenders eleventh-hour submissions to the Town in the form of (a) expert reports, (b) expert materials, and/or (c) materials which require a significant period for review due either to their complexity or the sheer volume of materials which an applicant has chosen to provide to the Town at such late point in the proceedings, the Town shall be afforded a reasonable time to review such late-submitted materials.

If reasonably necessary, the Town shall be permitted to retain the services of an expert consultant to review any late-submitted expert reports which were provided to the Town, even if such review or services extend beyond the applicable shot clock period, so long as the Town completes such review and retains and secures such expert services within a reasonable period of time thereafter and otherwise acts with reasonable diligence in completing its review and rendering its final decision.

1. Conformity to the following shall be considered in review of all applications:

a. The application is consistent with the objectives of this chapter.

b. The height of the proposed tower.

c. The adequacy of the proposed site, considering such factors as the sufficiency of the size of the site to comply with the established criteria, the configuration of the site, and the extent to which the site is formed by logical boundaries (e.g., topography, natural features, streets, relationship of adjacent uses, etc.) that provide for the ability to comply with the provisions of this chapter.

d. The extent to which the proposal responds to the impact of the proposed development on adjacent land uses, especially in terms of visual impact.

e. The extent to which the proposed telecommunications facility is camouflaged (i.e., use of stealth technology).

f. The extent to which the proposed facility is integrated with existing structures (i.e., buildings, signs, utility poles, etc.) with particular reference to design characteristics that have the effect of reducing or eliminating visual obtrusiveness.

g. An applicant’s compliance with all town requirements with respect to previous applications.

a. Administrative applications will be reviewed by staff using the Town’s standard building permit review processes.

b. Applications for new towers shall provide staff with the same information as required in subsection (C)(3) of this section for public review applications.

c. Applications for mobile or temporary wireless facilities which remain in place for more than seven (7) consecutive days must submit a request for a temporary use permit as provided in Section 2.03.

a. Applications which require public review and approval on private property will be processed as special use permits and follow the requirements listed in Section 2.02 for special use permits. Applications on Town owned property will not require a special use permit but will follow the same requirements for notice for review by the Town Council.

b. In addition to the factors listed in subsection (C)(1) of this section for review of applications, public review applications will also be subject to the standards for consideration of special use permit applications pursuant to Chapter 2, Section 2.02 of this chapter.

c. 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 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:

i. No existing towers or structures are located within the geographic area, which meet applicant’s engineering requirements.

ii. Existing towers or structures are not of sufficient height to meet applicant’s engineering requirements.

iii. Existing towers or structures do not have sufficient structural strength to support applicant’s proposed antenna and related equipment.

iv. 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.

v. 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.

vi. The applicant demonstrates that there are other limiting factors that render existing towers and structures unsuitable.

vii. 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.

viii. If the applicant asserts a claim that a proposed facility is necessary to remedy one (1) or more existing significant gaps in an identified wireless carrier’s personal wireless services, the Council may require the applicant to provide drive-test generated coverage maps, as opposed to computer-generated coverage maps, for each frequency at which the carrier provides personal wireless services, to show signal strengths in bins of three (3) DBM each, to enable the Council to assess the existence of such significant gaps accurately, and/or whether the carrier possesses adequate coverage within the geographic area which is the subject of the respective application.

4. In granting a permit, the Town may impose conditions to the extent such conditions are necessary to minimize any adverse effect of the proposed tower on adjoining properties. (24-08, Amended, 09/04/2024, Deleted and replaced)

Section 17.06 Maintenance and Operation

A. 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 (2) 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.

1. 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 compliance with such revised standards and regulations shall constitute grounds for the removal of the tower or antenna at the owner’s expense.

2. To ensure continuing compliance with such limits by all owners and/or operators of wireless communication facilities within the Town, all owners, and operators of wireless communication facilities shall submit reports as required by this section.

As set forth hereinbelow, the Town may additionally require, at the owner and/or operator’s expense, independent verification of the results of any analysis set forth within any reports submitted to the Town by the owner and/or operator.

a. Certification of Compliance with Applicable RF Radiation Limits. Within forty-five (45) days of initial operation or a substantial modification of a wireless communication facility, the owner and/or operator of each telecommunications antenna shall submit to the Development Services Director a written certification by a licensed professional engineer, sworn to under penalties of perjury, that the facility’s radio frequency emissions comply with the limits codified within 47 CFR §1.1310(e)(1), Table 1 Sections (i) and (ii), as made applicable pursuant to 47 CFR §1.1310(e)(3).

The engineer shall also measure the emissions of the approved wireless facility, including the cumulative impact from other nearby wireless facilities, and determine if such emissions are within the limits described hereinabove.

A report of these measurements and the engineer’s findings with respect to compliance with the FCC’s maximum permissible exposure (MPE) limits shall be submitted to the Development Services Director.

If the report shows that the facility does not comply with applicable limits, then the owner and/or operator shall cease operation of the facility until the facility is brought into compliance with such limits. Proof of compliance shall be a certification provided by the engineer who prepared the original report. The Town may require, at the applicant’s expense, independent verification of the results of the analysis.

b. Random RF Radiofrequency Testing. At the operator’s expense, the Town may retain an engineer to conduct random unannounced RF radiation testing of such wireless facilities to ensure the facility’s compliance with the limits codified within 47 CFR §1.1310(e)(1) et seq.

The Town may cause such random testing to be conducted as often as the Town may deem appropriate. However, the Town may not require the owner and/or operator to pay for more than one (1) test per facility per calendar year unless such testing reveals that one (1) or more of the owner and/or operator’s facilities are exceeding the limits codified within 47 CFR §1.1310(e)(1) et seq., in which case the Town shall be permitted to demand that the wireless facility be brought into compliance with such limits, and to conduct additional tests to determine if, and when, the owner and/or operator thereafter brings the respective wireless facility and/or facilities into compliance.

3. Actions for Noncompliance. If the Town at any time finds that there is good cause to believe that a wireless communication facility and/or one (1) or more of its antennas are emitting RF radiation at levels in excess of the legal limits permitted under 47 CFR §1.1310(e)(1) et seq., then a hearing shall be scheduled before the Town’s Zoning Administrator at which the owner and/or operator of such facility shall be required to show cause why any and all permits and/or approvals issued by the Town for such facility and/or facilities should not be revoked, and a fine should not be assessed against such owner and/or operator.

The owner and/or operator shall be afforded not less than two (2) weeks’ written notice of the hearing.

At such hearing, the burden shall be on the Town to show that, by a preponderance of the evidence, the facilities emissions exceeded the permissible limits under 47 CFR §1.1310(e)(1) et seq.

In the event that the Town establishes same, the owner and/or operator shall then be required to establish, by clear and convincing evidence, that a malfunction of equipment caused their failure to comply with the applicable limits through no fault on the part of the owner/operator.

If the owner and/or operator fails to establish same, the Town shall have the power to revoke any permit, building permit, and/or any other form of approval(s) which the Town Council or any other representative of the Town may have then issued to the owner and/or operator, for the respective facility. The Zoning Administrator may revoke an administrative approval. The decision of the Zoning Administrator may be appealed to the Town Manager. If the tower or antenna was approved by the Town Council, revocation will be considered by the Town Council in the same manner as the original approval.

In addition, the Town may issue a civil citation for noncompliance as provided in Section 1-8-3 of the Town Code.

In the event that an owner or operator of one (1) or more wireless communication facility is found to violate subsection (B)(1) of this section three (3) or more times within any five (5) year period, then in addition to revoking any zoning approvals for the facilities which were violating the limits codified in 47 CFR §1.1310(e)(1) et seq., the Town Council shall render a determination within which it shall deem the owner/operator prohibited from filing any applications for any new wireless personal services facilities within the Town for a period of five (5) years.

C. 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.

D. Noise. Wireless facilities and all related equipment must comply with all noise regulations and shall not exceed such regulations, either individually or collectively. Backup generators shall only be operated during power outages and/or for testing and maintenance purposes between the hours of 9:00 a.m. and 4:00 p.m. (24-08, Amended, 09/04/2024, Deleted and replaced)

Section 17.07 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 pre-existing towers. New construction other than routine maintenance on a pre-existing 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 Section 17.03. The type, height, and location of the tower on site shall be of the same type and 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 17.06(A). (24-08, Amended, 09/04/2024, Deleted and replaced)