The purpose of this subchapter is to establish appropriate regulation of towers within the town except those exempt from zoning review pursuant to A.R.S. § 9-592, subsections I and J. These regulations are intended to encourage competition in the telecommunications industry and remove regulatory barriers consistent with the town's responsibility to protect the health, welfare and safety of its residents. It is further the purpose of this subchapter to preserve the town's residential character and uncluttered appearance, ensure compliance with federal radio frequency emissions standards, provide for nondiscriminatory treatment of substantially equivalent telecommunications providers and allow for the provision of telecommunications services within the town.

(Ord. O2020.26, passed 8-27-2020)

      (1)   Towers shall comply with federal standards for radio frequency emissions. Failure to meet federal standards may result in termination or modification of the permit.

      (2)   The permittee shall ensure that the tower will not cause interference with the reception of existing wireless facilities, cable television, community antennae television systems, or satellite broadcast television systems. If at any time the town finds that the tower interferes with such reception, and if such interference is not cured within 30 days, the town may revoke or modify the permit.

      (3)   A tower and any related equipment, including backup generators and air conditioning units, shall not generate continuous noise in excess of 40 decibels (dBa) measured at the property line of any residential property, and shall not generate continuous noise in excess of 50 decibels (dBa) during the hours of 7:00 a.m. to 10:00 p.m. and 40 decibels (dBa) during the hours of 10:00 p.m. to 7:00 a.m. measured at the property line of any non-residential property.

(Ord. O2020.26, passed 8-27-2020)

         (a)   Freestanding monopole wireless facilities less than 35 feet in height are permitted in C-2 General Commercial and C-M Mixed Use Commercial zoning districts subject to approval of a conditional use permit.

         (b)   No lattice wireless facilities or guyed wireless facilities are permitted.

         (c)   Freestanding monopole wireless facilities are permitted in any zoning district, if the wireless facility is located on property owned by a governmental entity, including a school district or community college district, so long as such property is used for its governmental purposes.

         (a)   A comprehensive list of all existing vertical elements of within a two mile radius of the proposed site which are:

            1.   Of sufficient height to be used for wireless facility collocation, and

            2.   Eligible for collocation under town requirements.

         (b)   A written narrative statement explaining why collocation on the existing vertical elements identified according to division (a) above was not pursued or is not a viable alternative to the proposed site.

         (c)   Map exhibits displaying:

            1.   The existing gap in signal coverage of the new wireless facility will remediate, and

            2.   The projected signal coverage of the new wireless facility.

         (d)   Applicants shall cooperate and exercise good faith in collocating freestanding wireless facilities on the same support structures or site. Good faith shall include sharing technical information to evaluate the feasibility of collocation, and may include negotiations for erection of a replacement support structure to accommodate collocation. A competitive conflict to collocation or financial burden caused by sharing such information normally will not be considered as an excuse to the duty of good faith.

         (e)   In the event a dispute arises as to whether a permittee has exercised good faith in accommodating other users, the town may require the permittee to obtain a third party technical study at permittee's expense. The town may review any information submitted by the permittee and other providers in determining whether good faith has been exercised.

         (f)   No collocation may be required where the shared use would or does result in significant interference in the broadcast or reception capabilities of the existing telecommunications facilities or failure of the existing wireless facility to meet federal standards for emissions.

         (g)   Failure to comply with collocation requirements when feasible may result in denial of a permit request or revocation of an existing permit.

         (a)   Freestanding monopole wireless facilities shall be alternative structure designs, (otherwise referred to as "stealth designs") in character with the surrounding area (e.g., a flagpole at a public building, a palm tree in an area with mature palm trees, a pine tree in an area with mature evergreen trees, a spire or steeple at a religious institution, an architectural tower element associated with a building, or a saguaro cactus in an area with other mature saguaro cacti); provided, however, that monopole may be permitted without alternative structure designs, if the applicant provides such information as necessary to determine that the character of the proposed monopole will blend in with the surrounding area (i.e. within the confines of an electrical substation containing other structures of similar height).

         (b)   Alternative tower structures shall be limited to 65 feet in height above the original grade, except a functioning security or recreational light pole shall have a height consistent with existing light poles or height usually allowed for such light poles. A greater height may be permitted by the Town Council upon further review.

         (a)   Security fencing, if any, shall not exceed six feet in height, except fencing shall be eight feet in height if screening a cabinet of such height. Fencing shall be effectively screened from view through the use of landscaping. No chain link fences shall be visible from public view.

         (b)   Anticlimbing features shall be incorporated into the freestanding wireless facility, as needed, to reduce potential for trespass and injury.

         (a)   Utility provided electrical poles.

         (b)   Athletic field light towers.

         (c)   Other existing or planned vertical elements on which the mounting of antennas will not significantly alter the function and character of the structure as determined by the Town Manager.

   (D)   Small wireless facilities subject to zoning review pursuant to A.R.S. § 9-592, subparagraphs I and J.

         (a)   Ten feet in height above the tallest existing utility pole, other than a utility pole supporting only wireless facilities, that is in place on August 9, 2017, that is located within 500 feet of the new, replacement or modified utility pole and that is in the same right-of-way within the jurisdictional boundary of the town, but not more than 50 feet above ground level.

         (b)   Forty feet above ground level.

(Ord. O2020.26, passed 8-27-2020)

(Ord. O2020.26, passed 8-27-2020)

   An applicant shall submit the following items to the Town Manager:

   (A)   Inventory. For wireless facilities, an inventory list and map of existing wireless facilities operated by the applicant and other providers within two miles of the proposed site ("service area"). The inventory list must include specific information as to location, height and design of each facility. The town may share such information with other applicants seeking to locate wireless facilities within the service area, in order to encourage collocation.

      (1)   The applicant agrees to allow collocation of additional wireless facility equipment by other providers on the applicant's support structure or within the same site location, when feasible; and

      (2)   If the applicant locates its wireless facility on leased property, the applicant agrees it will not request the landowner to exclude other providers from collocating a wireless facility on such site when collocation may be feasible.

(Ord. O2020.26, passed 8-27-2020)

      (1)   If the application is for collocation on an existing structure, notice of incompleteness shall be given within ten days of the date of the application.

      (2)   If the application is for placement of an antenna on a new tower, notice of incompleteness shall be given within 30 days of the date of the application.

      (3)   If the application is for a new monopole, notice of incompleteness shall be given within 60 days of the date of the application.

      (1)   For collocation on an existing structure, 60 days of the date of the application.

      (2)   For an application for an antenna on a new structure, 90 days of the date of the application.

      (3)   For a new monopole, 150 days from the date of the application.

(Ord. O2020.26, passed 8-27-2020)

   (A)   Applications for modification of an existing wireless facility that does not substantially change the physical dimensions of such wireless facility and that involves (1) collocation of new transmission equipment, (2) removal of transmission equipment, or (3) replacement of transmission equipment shall be approved.

   (B)   All applications for modification of a wireless facility shall be submitted on a form provided by the town. The application may not require the applicant to demonstrate a need or business case for the proposed modification.

   (C)   An application for modification of a wireless facility shall specifically state the nature of the modification and include sufficient information and documentation for the town to determine whether the modification constitutes a substantial change to the wireless facility and is therefore an eligible facilities request.

   (D)   Upon receipt of an application for an eligible facilities request, the Town Manager shall review such application to determine whether the application so qualifies.

   (E)   Within 60 days of the date on which an applicant takes the first procedural step and submits written documents showing that the proposed modification is eligible, the application shall be approved. The application shall be deemed approved if it is not approved within that timeframe. This time period may be tolled by mutual agreement or if the application is incomplete. If the town determines that the application is incomplete, the town shall provide notice to the applicant within 30 days of the date of the application, which notice shall describe all missing documents or information. Following a supplemental submission, the town shall notify the applicant that the supplemental submission did not provide the required information.

   (F)   If the town determines the application is a substantial modification to the support structure, the timeframe for approving the application will begin to run from the issuance of the town's decision that the application is not a covered request. To the extent such information is necessary, the town may request additional information from the applicant to evaluate the application under applicable law.

(Ord. O2020.26, passed 8-27-2020)

   (A)   A conditional use permit for a wireless facility shall expire ten years after the effective date of the permit approval.

   (B)   Any permitted wireless facility must be constructed and placed into use within 12 months of the date of the Town Council's approval or the approval shall expire. A collocation shall be completed within 180 days from the issuance of the permit.

   (C)   Upon failure to comply with conditions of approval or discontinuance of the wireless facility use for over one year, the permit may be revoked and permittee must remove the wireless facility or the town may cause the facility to be removed at the expense of the permittee or property owner where the facility is located.

   (D)   Permittee shall maintain the wireless facility, including paint and landscaping, to standards imposed by the town at the time of granting the permit. If the permittee fails to maintain the facility, the town may undertake maintenance at the expense of the applicant or terminate the permit, at its sole option.

   (E)   The permittee shall notify the town in writing of all changes in ownership of the facility within 60 days of the change.

(Ord. O2020.26, passed 8-27-2020)

   A permittee may apply for a renewal of its permit within six months prior to expiration.

(Ord. O2020.26, passed 8-27-2020)