Staff Report

ITEM 6. 
TOWN OF FOUNTAIN HILLS
STAFF REPORT
  
Meeting Date: 06/09/2025
Meeting Type: Planning and Zoning Commission
Agenda Type: 
Submitting Department: Development Services
Prepared by: John Wesley, Development Services Director
Staff Contact Information: John Wesley, Development Services Director
Request to Planning and Zoning Commission (Agenda Language):  REVIEW AND DISCUSS: Ordinances
and requirements associated with regulating small cell wireless facilities in the public right-of-way.
Staff Summary (Background)
In 2017, the State of Arizona adopted rules regarding the placement and regulation of small wireless
facilities (SWF) located in the public right-of-way.  In response, local jurisdictions across the state
adopted local procedures in keeping with these State requirements.  The State's regulations are in
ARS 9-591-600.  Copies of those requirements are attached.
Following the requirements of the State, Fountain Hills adopted what is now Article 16-2, Small
Wireless Facilities, in the Town Code to regulate this activity in the Town's rights-of-way.  In addition,
the Town also adopted by resolution a Wireless Facilities License Agreement, Wireless Facilities
Standard Terms and Conditions, and Small Wireless Facilities in the Right-of-Way Design Standards
and Guidelines.  These various documents provide the details on what is required to establish and
maintain a small wireless facility in the Town's right-of-way.  Copies of each of these documents are
attached to this report.
When the Town contracted with Mr. Campanelli to prepare a new ordinance addressing wireless
telecommunications and antennas, he included provisions for regulation of small wireless facilities in
the draft ordinance provided to the Town.  A copy of this draft ordinance is attached.
Following is a brief review and summary of these documents. The full documents are attached.  Also
provided below are a few regulations staff found in other Arizona communities that may be of
interest to the Commission.
State Statutes
9-591 Definitions
1. "Antenna" means communications equipment that transmits or receives electromagnetic radio
frequency signals and that is used in providing wireless services.
19. "Small wireless facility" means a wireless facility that meets both of the following qualifications: 
(a) All antennas are located inside an enclosure of not more than six cubic feet in volume or, in

the case of an antenna that has exposed elements, the antenna and all of the antenna's
exposed elements could fit within an imaginary enclosure of not more than six cubic feet in
volume.
(b) All other wireless equipment associated with the facility is cumulatively not more than
twenty-eight cubic feet in volume, or fifty cubic feet in volume if the equipment was ground
mounted before August 9, 2017. The following types of associated ancillary equipment are not
included in the calculation of equipment volume pursuant to this subdivision:
(i) An electric meter.
(ii) Concealment elements.
(iii) A telecommunications demarcation box.
(iv) Grounding equipment.
(v) A power transfer switch.
(vi) A cutoff switch.
(vii) Vertical cable runs for the connection of power and other services.
25. "Wireless services" means any services that are provided to the public and that use licensed or
unlicensed spectrum, whether at a fixed location or mobile, using wireless facilities. 
26. "Wireless services provider" means a person that provides wireless services. Wireless services
provider does not include a special taxing district. 
9-592 Applicability; wireless provider; use of right-of-way
A. This section applies to the activities of a wireless provider within a right-of-way.
E. An authority shall establish and make available rates, fees and terms for all of the following, within
six months after August 9, 2017 or three months after receiving the first request by a wireless
provider, whichever is later:
1. The construction, installation, mounting, maintenance, modification, operation or
replacement of a utility pole or monopole by a wireless provider in a right-of-way.
2. The collocation of a small wireless facility by a wireless provider in a right-of-way.
3. The collocation of a wireless facility on or within a monopole by a wireless provider in a
right-of-way.
I. Subject to subsection K, paragraph 2, subdivision (c) of this section, a new, replacement or modified
utility pole that is associated with the collocation of small wireless facilities and that is installed in the
right-of-way is not subject to zoning review and approval under section 9-594 if the utility pole does
not exceed the greater of either:
1. 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 five hundred
feet of the new, replacement or modified utility pole and that is in the same right-of-way within
the jurisdictional boundary of the authority, but not more than fifty feet above ground level.
2. Forty feet above ground level.
J. New small wireless facilities collocated on a utility pole or wireless support structure in the
right-of-way are not subject to zoning review and approval if they do not extend more than ten feet
above the utility pole or wireless support structure and do not exceed fifty feet above ground level.
K. An authority may require an application under this section for the installation of new, replacement
or modified utility poles associated with the collocation of small wireless facilities. An authority shall
approve an application unless the authority finds that the utility pole fails to comply with any of the
following:
1. Applicable codes.
2. Local code provisions or regulations that concern any of the following:
(a) Public safety.
(b) Objective design standards and reasonable stealth and concealment requirements.

(c) Undergrounding requirements that prohibit the installation of new or the
modification of existing utility poles or monopoles in a right-of-way without prior
approval, if such requirements include a waiver, zoning or another process that addresses
requests to install such new utility poles or monopoles or modify such existing utility
poles or monopoles and do not prohibit the replacement of utility poles or monopoles.
3. Requirements that are imposed by a contract between an authority and a private property
owner and that concern design standards applicable to utility poles in the right-of-way.
4. The authority's public safety and reasonable spacing requirements that concern the location
of new utility poles in a right-of-way.
L. An authority shall process applications under subsection K of this section in compliance with
applicable law. If an authority fails to approve or deny an application within the time frame specified
by applicable law, the application shall be deemed approved. Any application fee is subject to the
requirements provided in section 9- 593, subsection J. The total application fee, if allowed, may not
exceed seven hundred fifty dollars.
M. The construction, installation, mounting, maintenance, modification, operation or replacement for
which a permit is granted shall be completed within one hundred eighty days after the permit
issuance date, unless the authority and wireless provider agree to extend this period or a delay is
caused by a lack of commercial power at the site.
9-593 Applicability; colocation of small wireless facilities
B. Except as provided in this section and sections 9-592, 9-594, 9-595, 9-597, 9-598 and 9-599, as
applicable, an authority may not prohibit, regulate or charge for the collocation of small wireless
facilities.
C. Subject to this section and section 9-592, subsection J, a small wireless facility is classified as a
permitted use and is not subject to zoning review or approval if the small wireless facility is collocated
in a right-of-way in any zone.
G. An authority may not:
1. Directly or indirectly require an applicant to perform services that are unrelated to the
collocation for which approval is sought, such as in-kind contributions to the authority,
including reserving fiber, conduit or pole space on the wireless provider's monopole or utility
pole for the authority.
2. Require an applicant to provide more information to obtain a permit than the authority
requires of a communications service provider that is not a wireless provider and that requests
to attach facilities to a structure. An authority may require the applicant to certify that the small
wireless facilities to be collocated comply with the federal communications commission's
regulations concerning radio frequency emissions referenced in 47 United States Code section
332(c)(7)(B)(iv).
3. Institute, either expressly or de facto, a moratorium on filing, receiving or processing
applications or issuing permits or other approvals, if any, for the collocation of a small wireless
facility.
4. Require an application for routine maintenance or the replacement of small wireless facilities
with small wireless facilities that are substantially similar or the same size or smaller. An
authority may require a permit to work within a right-of-way for such activities, if applicable. A
permit issued pursuant to this paragraph is subject to the requirements of this section.
L. This article does not allow a person to collocate small wireless facilities on a privately owned utility
pole, a privately owned wireless support structure or private property without the consent of the
property owner.
5-594 Structures subject to zoning;

A. The following activities that take place inside of a right-of-way are subject to this section and all of
the authority's codes and regulations, including the authority's zoning codes and other regulatory
processes governing use of the rights-of-way, unless the activities are exempt from zoning review and
approval under section 9-592, subsection I or J or section 9-593, subsection C:
1. The installation of new monopoles, utility poles or wireless facilities.
2. The collocation of wireless facilities.
B. Notwithstanding any provision in this article to the contrary, the construction, installation,
maintenance, modification, operation or replacement of a monopole or associated wireless facility in
a right-of-way is subject to all of the authority's codes and regulations, including the authority's zoning
codes and other regulatory processes governing use of the rights-of-way.
C. An authority shall:
1. Accept and process applications for the modification of existing or the installation of new
monopoles, utility poles or wireless facilities and the collocation of wireless facilities.
2. Within thirty days after receiving an application, notify the applicant whether the application
is complete. If an application is incomplete, the authority must specifically identify the
information missing from the application.
3. Process each complete application on a nondiscriminatory basis. A complete application is
deemed approved if the authority fails to approve or deny the application within one hundred
fifty days after receipt of an application for the modification of existing or the installation of
new monopoles, utility poles or wireless facilities or within ninety days after receipt of a
complete application for the collocation of wireless facilities. The time period for approval may
be tolled to accommodate timely requests for information required to complete the application
or may be extended by mutual agreement between the applicant and authority.
4. If a complete application is denied, notify the applicant in writing and provide substantial
supporting evidence of the reason for denial in the written record. The written notification of
the denial and the supporting evidence shall be publicly released contemporaneously. There
must be a reasonable basis for the denial of an application. An authority may not deny an
application if the denial is discriminatory against the applicant with respect to the placement of
the facilities of other wireless providers.
D. An authority may not:
1. Require an applicant to submit information about the applicant's business decisions
regarding the need for the monopole, utility pole or wireless facilities.
2. Require an applicant to submit information about, or evaluate an applicant's business
decisions regarding, the applicant's service, customer demand for service or quality of service.
3. Institute, either expressly or de facto, a moratorium on filing, receiving or processing
applications or issuing decisions for modifications or installations that are not a permitted use.
E. An authority, in addition to other rights the authority has under federal, state or local law, may:
1. Adopt reasonable requirements regarding the appearance and concealment of facilities,
including those relating to materials used for arranging, screening or landscaping.
2. Adopt setback or fall zone requirements that are substantially similar to setback or fall zone
requirements that are imposed on other types of commercial structures of a similar height.
3. Charge an application fee. Any application fee is subject to the requirements provided in
section 9-593, subsection J. The total application fee, if allowed, may not exceed one thousand
dollars for the modification of existing or the installation of new monopoles or utility poles or
for the collocation of wireless facilities.
4. Charge a rate or fee for the use of the right-of-way for the installation of a monopole and
associated wireless facility that is limited to not more than the direct and actual costs of
managing the right-of-way and that is not in the form of a franchise or other fee based on
revenue or customer counts.

9-596. Scope of local authority
A. Subject to this article and applicable federal law, an authority may exercise zoning, land use,
planning and permitting authority and the authority's police power within the authority's territorial
boundaries, including for the installation, modification and replacement of wireless support structures
and utility poles.
The key language in all of this is in 5-592.  In E, cities and towns are directed to establish the terms for
allowing construction of new wireless provider facilities and colocation on existing facilities in the
right-of-way. I and J state new poles up to 40' in height and colocation on poles up to 50' in height are
not subject to local zoning.
 
Current Town Ordinance and Supporting Documents
Following the adoption of the State's new regulations in 2017, the Town drafted and approved the
required local regulations.  Because the facilities would be in street rights-of-way and not subject to
zoning regulations, the Town chose to place the ordinance in Chapter 16, Streets and Sidewalks, of
the Town Code.  The provisions regulating SWF are in Article 16-2, Small Wireless Facilities.  In
particular, Section 16-2-3 sets forth the requirements and process for review and approval of these
facilities.  In order to obtain approval for placing these facilities in the Town's right-of-way, an
applicant must sign a Facility Lease Agreement, comply with the Wireless Facilities Standard Terms
and Conditions and the Town's Design Standards and Guidelines, and receive an Encroachment
Permit.  The actual regulations for the installation and maintenance of SWF in the Town's
rights-of-way are contained in the Terms and Conditions and the Design Standards documents.
Wireless Facility Lease Agreement
The lease agreement primarily addresses six topics related to the areas of the ROW being leased:
Establishment of the boundary of the area leased and the provider's responsibilities within that
area;
1.
Provision of a site plan that shows the improvements that will be placed in the right-of-way;
2.
Agreement with the Terms;
3.
Lease payments;
4.
Compliance with the use restrictions in the Terms; and,
5.
Granting of an Encroachment Permit.
6.
Wireless Facilities Standard Terms and Conditions
This document provides the details on how a SWF in the right-of-way is to be developed and
operated.  This is a legal contract document, not an ordinance.  The focus of Planning Commission
review will be on the sections that address the physical impacts of the use.  Sections to focus
attention on are:
1. Definitions.
5. Use Restrictions
6. Wireless Provider's Improvements
8. Maintenance and Utilities
13. Insurance
18. Compliance with Law
Small Wireless Facilities in the Right-of-Way Design Standards and Guidelines

This document sets minimum standards for the design of SWF facilities within the public right-of-way. 
The adopted standards are based on whether the SWF is being located on an existing pole (streetlight,
traffic signal, or utility pole) or is installing a new structure in the right-of-way.  All of these standards
and guidelines are open for update and modification based on the input and direction of the
Commission.
Campanelli Ordinance SWF in the ROW
The request to Mr. Campanelli was to include regulations for SWF in the right-of-way as part of the
ordinance.  Section 17-3 of that draft ordinance lists four application types, two of which address SWF.
Application Type I addressed colocation of SWF.  SWF's being colocated on an existing pole in the
public right-of-way are allowed subject to approval of a building permit.  No other review criteria or
standards were included.
Application Type III addressed new SWF not in the right-of-way and required review through a Special
Use Permit.
None of the proposed application types in this draft ordinance addressed new SWF in the right-of-way.
Sample of SWF Requirements from other Arizona Cities and Towns
Each city and town in Arizona has had to develop their own regulation to address SWF in the
right-of-way.  Staff has reviewed the regulations in several other communities to see if they are
providing any regulations that the Town may want to consider adding to our regulations.  A few ideas
that have been identified are:
Paradise Valley
Administrative SWF applications go to Planning Commission for review of siting and site specific
design at a public hearing.  Notice is sent to property owners within 500'.
Staff can examine the proposed location and an area within 100' radius for the best location
that still meets the cover and capacity requirements based on the following criteria: 
Not in sight triangle of street or driveway
Setback as far as possible from sidewalk or street curb
Setback from habitable structures on private property equal to height of structure
Placed to blend with landscaping
RF frequency performance standards and monitoring requirements that include: “Existing SWF
plus cumulative: Maximum estimate of RF power density levels (spatially averaged per FCC
Guidelines) measured in the SWF RF environment to be inclusive of any other significant
contributors to the RF environment (i.e. co-located SWF). Definition of “Significant
Contributors” to be any contributor >5% of the FCC Public limit at any measurement location.”
Sedona 
No antenna attached to a freestanding pole in the right-of-way, other than as a collocation with
an existing power, light or other utility pole, or unless installed as a concealed facility, shall be
permitted within 50 feet of any principal residential structure as measured from the location of
the small wireless facility to the nearest wall of a residential structure. Small wireless facilities
shall maintain a minimum 25-foot distance from the primary doorway of businesses or
residences measured from the outer door frame.
Whenever small wireless facilities must be placed in a right-of-way with residential uses on one
or both sides, neither poles, equipment, antennas nor other structures shall be placed in front

of a residential structure. If a right-of-way has residential structures on only one side, the small
wireless facilities shall be located on the opposite side of the right-of-way whenever possible.
All small wireless facilities shall be sited to minimize visual impacts to adjacent properties and
viewsheds.
The city may deny an application subject to this section if the proposed small wireless facility,
ground equipment, or new, modified, or replaced pole:
 i. Materially and demonstrably interferes with the safe operation of traffic control equipment;
 ii. Materially and demonstrably interferes with sight lines or clear zones for transportation or
pedestrians;
 iii. Materially fails to comply with the Americans with Disabilities Act or similar federal, state, or
local laws, standards and regulations regarding pedestrian access or movement;
 iv. Fails to comply with applicable codes, standards and regulations, including the city’s design
standards; or
 v. Fails to comply with the provisions in this section.
 
 
Related Ordinance, Policy or Guiding Principle
N/A
Risk Analysis
N/A
Recommendation(s) by Board(s) or Commission(s)
N/A
Staff Recommendation(s)
There is no recommendation at this time.  The purpose of this agenda item is to introduce the
Commission to the existing ordinance and associated documents for regulating SWF in the
right-of-way, have initial discussion about these rules, and seek direction on how the Commission
would like to proceed with review and potential modifications of these requirements.
SUGGESTED MOTION 
No motions will be made at this time, but the Commission may give direction to staff on steps to take
to review and update the ordinance and associated documents.
Attachments
State Statutes 
Article 16-2 
Supporting Documents 
Draft Campanelli Ordinance

591.  Definitions  
In this article, unless the context otherwise requires:  
1.  "Antenna" means communications equipment that transmits or receives electromagnetic radio frequency 
signals and that is used in providing wireless services.  
2.  "Applicable codes" means uniform building, fire, electrical, plumbing or mechanical codes that are adopted 
by a recognized national code organization or local amendments to those codes that are enacted to address threats 
of destruction of property or injury to persons and to an extent that is not inconsistent with this article.  
3.  "Applicant" means any person that submits an application and that is a wireless provider.  
4.  "Application" means a request that is submitted by an applicant to an authority for a permit to collocate small 
wireless facilities or to approve the installation, modification or replacement of a utility pole or wireless support 
structure.  
5.  "Authority" means any city, town, special district or political subdivision of this state that is authorized to 
make legislative, quasijudicial or administrative decisions concerning an application. Authority does not include 
any state court that has jurisdiction over an authority and does not include a county, special taxing district, or 
electric cooperative.   
6.  "Authority utility pole" means a utility pole that is owned or operated by an authority and that is in a 
rightofway.  Authority utility pole does not include a utility pole for electric distribution.  
7.  "Cable operator" has the same meaning prescribed in section 9505 and includes a video service provider.  
Cable operator does not include a special taxing district.  
8.  "Collocate" or "collocation" means to install, mount, maintain, modify, operate or replace wireless facilities 
on, within or adjacent to a wireless support structure or utility pole.   
9.  "Communications service" means cable service as defined in 47 United States Code section 522(6), 
information service as defined in 47 United States Code section 153(24), telecommunications service as defined 
in 47 United States Code section 153(53) or wireless service.  
10.  "Communications service provider" means a cable operator, a provider of information service as defined in 
47 United States Code section 153(24), a telecommunications carrier as defined in 47 United States Code 
section 153(51) or a wireless services provider.  
11.  "Fee" means a onetime charge.   
12.  "Law" means any federal, state or local law, statute, common law, code, rule, regulation, order or ordinance.  
13.  "Monopole" means a wireless support structure that is not more than forty inches in diameter at the ground 
level and that has all of the wireless facilities mounted on the pole or contained inside of the pole.   
14.  "Permit" means written permission required by an authority to install, mount, maintain, modify, operate or 
replace a utility pole or monopole, to collocate a small wireless facility on a utility pole or wireless support 
structure or to collocate wireless facilities on a monopole.  
15.  "Person" means an individual, corporation, limited liability company, partnership, association, trust or other 
entity or organization, including an authority.   
16.  "Private easement" means an easement or other real property right that is only for the benefit of the grantor 
and grantee and the grantor's or grantee's successors and assigns.  
17.  "Rate" means a recurring charge.   
18.  "Rightofway" means the area on, below or above a public roadway, highway, street, sidewalk, alley or utility 
easement.  Rightofway does not include a federal interstate highway, a state highway or state route under the 
jurisdiction of the department of transportation, a private easement, property that is owned by a special taxing 
district, or a utility easement that does not authorize the deployment sought by the wireless provider.  
19.  "Small wireless facility" means a wireless facility that meets both of the following qualifications:   
(a)  All antennas are located inside an enclosure of not more than six cubic feet in volume or, in the case of 
an antenna that has exposed elements, the antenna and all of the antenna's exposed elements could fit within

an imaginary enclosure of not more than six cubic feet in volume.  
(b)  All other wireless equipment associated with the facility is cumulatively not more than twentyeight cubic 
feet in volume, or fifty cubic feet in volume if the equipment was ground mounted before August 9, 
2017.  The following types of associated ancillary equipment are not included in the calculation of 
equipment volume pursuant to this subdivision:  
(i)  An electric meter.  
(ii)  Concealment elements.  
(iii)  A telecommunications demarcation box.  
(iv)  Grounding equipment.  
(v)  A power transfer switch.  
(vi)  A cutoff switch.  
(vii)  Vertical cable runs for the connection of power and other services.  
20.  "Special taxing district" means a special district formed pursuant to title 48, chapter 11, 12, 17, 18, 19, 20 or 
22.  
21.  "Utility pole" means a pole or similar structure that is used in whole or in part for communications services, 
electric distribution, lighting or traffic signals.  Utility pole does not include a monopole.    
22.  "Wireless facility":  
(a)  Means equipment at a fixed location that enables wireless communications between user equipment and 
a communications network, including both of the following:  
(i)  Equipment associated with wireless communications.  
(ii)  Radio transceivers, antennas, coaxial or fiber-optic cables, regular and backup power supplies and 
comparable equipment, regardless of technological configuration.   
(b)  Includes small wireless facilities.  
(c)  Does not include the structure or improvements on, under or within which the equipment is collocated, 
wireline backhaul facilities, coaxial or fiberoptic cable that is between wireless support structures or utility 
poles or coaxial or fiberoptic cable that is otherwise not immediately adjacent to, or directly associated with, 
an antenna.  
(d)  Does not include WiFi radio equipment described in section 9506, subsection I or microcell equipment 
described in section 9584, subsection E.  
23.  "Wireless infrastructure provider" means any person that is authorized to provide telecommunications 
service in this state and that builds or installs wireless communications transmission equipment, wireless 
facilities, utility poles or monopoles but that is not a wireless services provider.  Wireless infrastructure provider 
does not include a special taxing district.   
24.  "Wireless provider" means a cable operator, wireless infrastructure provider or wireless services provider.  
25.  "Wireless services" means any services that are provided to the public and that use licensed or unlicensed 
spectrum, whether at a fixed location or mobile, using wireless facilities.   
26.  "Wireless services provider" means a person that provides wireless services.  Wireless services provider does 
not include a special taxing district.   
27.  "Wireless support structure":  
(a)  Means:  
(i)  A freestanding structure, such as a monopole.  
(ii)  A tower, either guyed or selfsupporting.  
(iii)  A sign or billboard.  
(iv)  Any other existing or proposed structure designed to support or capable of supporting small

wireless facilities.   
(b)  Does not include a utility pole. 
 
9-592. Applicability; wireless provider; use of right-of-way; rates, fees and terms; right to access; damage and 
repair 
A. This section applies to the activities of a wireless provider within a right-of-way. 
B. An authority may not enter into an exclusive arrangement with a wireless provider for use of a right-of-way 
for any of the following: 
1. The construction, installation, maintenance, modification, operation or replacement of utility poles or 
monopoles. 
2. The collocation of small wireless facilities on utility poles or wireless support structures. 
3. The collocation of wireless facilities on monopoles. 
C. An authority may charge a wireless provider a rate or fee for the use of a right-of-way for the construction, 
installation, maintenance, modification, operation or replacement of a utility pole in the right-of-way or the 
collocation of a small wireless facility in the right-of-way, only if the authority charges other communications 
service providers or publicly, cooperatively or municipally owned utilities for the use of the right-of-way and 
the authority has the legal authority to do so. If an authority charges a rate or fee pursuant to this section, the rate 
or fee for a wireless provider must be: 
1. Limited to not more than the direct and actual cost of managing the right-of-way. 
2. Competitively neutral in regard to other users of the right-of-way, including investor-owned, authority-
owned or cooperatively owned entities, unless other users are exempt from such rates or fees under 
applicable law. 
D. A rate or fee charged pursuant to subsection C of this section may not do any of the following: 
1. Result in a double recovery where existing rates, fees or taxes already recover the direct and actual costs 
of managing a right-of-way. 
2. Be in the form of a franchise or other fee based on revenue or customer counts. 
3. Be unreasonable or discriminatory. 
4. Exceed an annual amount equal to fifty dollars multiplied by the number of small wireless facilities that 
are in the authority's geographic jurisdiction and that are placed by the wireless provider in the right-of-way. 
E. An authority shall establish and make available rates, fees and terms for all of the following, within six months 
after August 9, 2017 or three months after receiving the first request by a wireless provider, whichever is later: 
1. The construction, installation, mounting, maintenance, modification, operation or replacement of a utility 
pole or monopole by a wireless provider in a right-of-way. 
2. The collocation of a small wireless facility by a wireless provider in a right-of-way. 
3. The collocation of a wireless facility on or within a monopole by a wireless provider in a right-of-way. 
F. The rates, fees and terms established pursuant to subsection E of this section must be made available for 
acceptance by a wireless provider. At the wireless provider's option, a wireless provider may request different or 
additional terms that the parties shall negotiate in good faith. Documents that reflect rates, fees and terms with 
each wireless provider are public records. Rates, fees and terms must comply with this article, and the terms: 
1. May not be unreasonable or discriminatory. 
2. May include requirements applicable to other users of the right-of-way. 
3. May require that the wireless provider's operation of the small wireless facilities in the right-of-way does 
not interfere with the authority's public safety communications. 
4. Subject to subsection K of this section and section 9-593, subsection F, may not require the placement of 
small wireless facilities on any specific utility pole or category of poles or require multiple antenna systems

on a single utility pole. 
5. Subject to subsection K of this section and section 9-593, subsection F, may not limit the placement of 
small wireless facilities by minimum separation distances. 
G. Agreements between authorities and wireless providers that are in effect on August 9, 2017 and that relate to 
the collocation of small wireless facilities in the right-of-way, including the collocation of small wireless 
facilities on authority utility poles, remain in effect, subject to applicable termination provisions. The wireless 
provider may accept the rates, fees and terms established under subsections E and F of this section for small 
wireless facilities and utility poles that are the subject of an application submitted after the rates, fees and terms 
become effective. 
H. Subject to this section and the approval of an application, if required, a wireless provider may do any of the 
following: 
1. Collocate small wireless facilities. 
2. Construct, install, modify, mount, maintain, operate and replace utility poles that are associated with the 
collocation of small wireless facilities along, across, on and under the right-of-way. 
3. Construct, install, modify, mount, maintain, operate and replace monopoles that are associated with the 
collocation of wireless facilities along, across, on and under the right-of-way. The installation, modification 
and replacement of monopoles are subject to review under section 9-594 regardless of the height of the 
monopole. 
I. Subject to subsection K, paragraph 2, subdivision (c) of this section, a new, replacement or modified utility 
pole that is associated with the collocation of small wireless facilities and that is installed in the right-of-way is 
not subject to zoning review and approval under section 9-594 if the utility pole does not exceed the greater of 
either: 
1. 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 five hundred feet of the new, replacement 
or modified utility pole and that is in the same right-of-way within the jurisdictional boundary of the 
authority, but not more than fifty feet above ground level. 
2. Forty feet above ground level. 
J. New small wireless facilities collocated on a utility pole or wireless support structure in the right-of-way are 
not subject to zoning review and approval if they do not extend more than ten feet above the utility pole or 
wireless support structure and do not exceed fifty feet above ground level. 
K. An authority may require an application under this section for the installation of new, replacement or modified 
utility poles associated with the collocation of small wireless facilities. An authority shall approve an application 
unless the authority finds that the utility pole fails to comply with any of the following: 
1. Applicable codes. 
2. Local code provisions or regulations that concern any of the following: 
(a) Public safety. 
(b) Objective design standards and reasonable stealth and concealment requirements. 
(c) Undergrounding requirements that prohibit the installation of new or the modification of existing 
utility poles or monopoles in a right-of-way without prior approval, if such requirements include a 
waiver, zoning or another process that addresses requests to install such new utility poles or monopoles 
or modify such existing utility poles or monopoles and do not prohibit the replacement of utility poles 
or monopoles. 
3. Requirements that are imposed by a contract between an authority and a private property owner and that 
concern design standards applicable to utility poles in the right-of-way. 
4. The authority's public safety and reasonable spacing requirements that concern the location of new utility 
poles in a right-of-way. 
L. An authority shall process applications under subsection K of this section in compliance with applicable law. 
If an authority fails to approve or deny an application within the time frame specified by applicable law, the

application shall be deemed approved. Any application fee is subject to the requirements provided in section 9-
593, subsection J. The total application fee, if allowed, may not exceed seven hundred fifty dollars. 
M. The construction, installation, mounting, maintenance, modification, operation or replacement for which a 
permit is granted shall be completed within one hundred eighty days after the permit issuance date, unless the 
authority and wireless provider agree to extend this period or a delay is caused by a lack of commercial power 
at the site. 
N. Approval of an application by an authority authorizes the applicant to do both of the following: 
1. Undertake the requested deployment. 
2. Subject to applicable relocation requirements, the authority's terms as described in this section and the 
wireless provider's right to terminate at any time, operate and maintain the wireless provider's new, modified 
or replacement utility pole for a period of not less than ten years, which must be renewed for equivalent 
durations unless the authority makes a finding that the new or modified utility pole does not comply with 
the requirements described in subsection K of this section. 
O. An authority may require a wireless provider to repair all damage to the authority's property and the right-of-
way that is caused by the activities of the wireless provider or the wireless provider's contractor while occupying, 
installing, repairing or maintaining small wireless facilities, wireless support structures or utility poles in the 
right-of-way and to return the damaged property to the same condition as before the damage pursuant to the 
competitively neutral, reasonable requirements and specifications of the authority. If the wireless provider fails 
to make the repairs required by the authority within a reasonable time after the authority provides written notice 
to the wireless provider, the authority may make the repairs and charge the applicable party the reasonable, 
documented cost of the repairs. 
P. This article does not relieve a wireless provider from any applicable requirement to obtain a franchise, license 
or other permission to provide communications service or to install, place, maintain or operate facilities or 
structures that are not authorized by this article in the right-of-way to provide a communications service. 
 
9-593. Applicability; collocation of small wireless facilities; permits; application; fee 
A. This section applies to the activities of a wireless provider within a right-of-way. 
B. Except as provided in this section and sections 9-592, 9-594, 9-595, 9-597, 9-598 and 9-599, as applicable, 
an authority may not prohibit, regulate or charge for the collocation of small wireless facilities. 
C. Subject to this section and section 9-592, subsection J, a small wireless facility is classified as a permitted use 
and is not subject to zoning review or approval if the small wireless facility is collocated in a right-of-way in any 
zone. 
D. An authority may require an applicant to obtain one or more permits to collocate a small wireless facility if 
the permit requirement is of general applicability and does not apply exclusively to wireless facilities. An 
applicant seeking to collocate multiple small wireless facilities within the jurisdiction of a single authority may 
file a consolidated application for the collocation of up to twenty-five small wireless facilities if the collocations 
each involve substantially the same type of small wireless facilities and substantially the same type of structure. 
E. An application must include an attestation that the small wireless facilities will be collocated on the utility 
pole or wireless support structure and that the small wireless facilities will be operational for use by a wireless 
services provider to provide service within one hundred eighty days after the permit issuance date, unless the 
authority and the wireless provider agree to extend this period or a delay is caused by a lack of commercial power 
at the site. 
F. An authority: 
1. Shall accept applications for, process and issue permits to collocate small wireless facilities. 
2. Within twenty days after receiving an application, shall determine and notify the applicant whether the 
application is complete. If an applicant is not notified within the twenty-day period, the application is 
deemed complete. If an application is incomplete, the authority must specifically identify the information 
missing from the application.

3. Shall process each application on a nondiscriminatory basis. A complete application is deemed approved 
if the authority fails to approve or deny the application within seventy-five days after receiving a complete 
application. 
4. Shall approve an application unless the application does not meet the applicable codes, local code 
provisions or regulations that concern public safety, objective design standards for decorative utility poles 
or reasonable stealth and concealment requirements or public safety and reasonable spacing requirements 
concerning the location of ground-mounted equipment in a right-of-way. If an authority determines that 
applicable codes or local code provisions or regulations require that the utility pole or wireless support 
structure be replaced before the requested collocation, approval may be conditioned on such replacement of 
the utility pole or wireless support structure. The wireless provider's request for a replacement utility pole 
or wireless support structure will be processed pursuant to section 9-592. 
5. If an application is denied, shall document the basis for the denial, including the specific code provisions, 
regulations or requirements on which the denial was based, and send the documentation to the applicant on 
or before the date that the application is denied. The applicant may cure the deficiencies identified by the 
authority and resubmit the application within thirty days after the denial without paying an additional 
application fee. The authority shall approve or deny the revised application within thirty days after receiving 
the revised application. Any subsequent review is limited to the deficiencies cited in the denial. 
6. If an application includes multiple small wireless facilities, may remove small wireless facility 
collocations from the application and treat separately small wireless facility collocations for which 
incomplete information has been provided or that do not qualify for consolidated treatment or that are 
denied. The authority may issue separate permits for each collocation that is approved in a consolidated 
application. 
G. An authority may not: 
1. Directly or indirectly require an applicant to perform services that are unrelated to the collocation for 
which approval is sought, such as in-kind contributions to the authority, including reserving fiber, conduit 
or pole space on the wireless provider's monopole or utility pole for the authority. 
2. Require an applicant to provide more information to obtain a permit than the authority requires of a 
communications service provider that is not a wireless provider and that requests to attach facilities to a 
structure. An authority may require the applicant to certify that the small wireless facilities to be collocated 
comply with the federal communications commission's regulations concerning radio frequency emissions 
referenced in 47 United States Code section 332(c)(7)(B)(iv). 
3. Institute, either expressly or de facto, a moratorium on filing, receiving or processing applications or 
issuing permits or other approvals, if any, for the collocation of a small wireless facility. 
4. Require an application for routine maintenance or the replacement of small wireless facilities with small 
wireless facilities that are substantially similar or the same size or smaller. An authority may require a permit 
to work within a right-of-way for such activities, if applicable. A permit issued pursuant to this paragraph is 
subject to the requirements of this section. 
H. Collocation for which a permit is granted shall be completed within one hundred eighty days after the permit 
issuance date, unless the authority and the wireless provider agree to extend this period or a delay is caused by 
the lack of commercial power at the site. 
I. Approval of an application by an authority allows the applicant to do both of the following: 
1. Collocate the small wireless facilities. 
2. Subject to applicable relocation requirements, the wireless provider's right to terminate at any time and 
the authority's terms described in section 9-592, operate and maintain the small wireless facilities for a period 
of not less than ten years, which must be renewed for equivalent durations unless the authority makes a 
finding that the small wireless facilities do not comply with the applicable codes or local code provisions or 
regulations described in subsection F, paragraph 4 of this section. 
J. An authority may charge an application fee that is limited to the actual, direct and reasonable costs that are 
incurred by the authority and that relate to the granting or processing of an application. An application fee shall 
be reasonably related in time to the incurring of such costs. If such costs are already recovered by existing fees,

rates or taxes that are paid by a wireless provider, an authority may not charge an application fee to recover such 
costs. An application fee may not include: 
1. Third-party travel expenses that are incurred to review an application. 
2. The direct payment or reimbursement of third-party rates or fees that are charged on a contingency basis 
or pursuant to a result-based arrangement. 
K. The total application fee, if allowed, may not exceed one hundred dollars each for up to five small wireless 
facilities addressed in an application and fifty dollars for each additional small wireless facility addressed in the 
application. 
L. This article does not allow a person to collocate small wireless facilities on a privately owned utility pole, a 
privately owned wireless support structure or private property without the consent of the property owner. 
 
9-594. Structures subject to zoning; time frames; application; fees 
A. The following activities that take place inside of a right-of-way are subject to this section and all of the 
authority's codes and regulations, including the authority's zoning codes and other regulatory processes 
governing use of the rights-of-way, unless the activities are exempt from zoning review and approval under 
section 9-592, subsection I or J or section 9-593, subsection C: 
1. The installation of new monopoles, utility poles or wireless facilities. 
2. The collocation of wireless facilities. 
B. Notwithstanding any provision in this article to the contrary, the construction, installation, maintenance, 
modification, operation or replacement of a monopole or associated wireless facility in a right-of-way is subject 
to all of the authority's codes and regulations, including the authority's zoning codes and other regulatory 
processes governing use of the rights-of-way. 
C. An authority shall: 
1. Accept and process applications for the modification of existing or the installation of new monopoles, 
utility poles or wireless facilities and the collocation of wireless facilities. 
2. Within thirty days after receiving an application, notify the applicant whether the application is complete. 
If an application is incomplete, the authority must specifically identify the information missing from the 
application. 
3. Process each complete application on a nondiscriminatory basis. A complete application is deemed 
approved if the authority fails to approve or deny the application within one hundred fifty days after receipt 
of an application for the modification of existing or the installation of new monopoles, utility poles or 
wireless facilities or within ninety days after receipt of a complete application for the collocation of wireless 
facilities. The time period for approval may be tolled to accommodate timely requests for information 
required to complete the application or may be extended by mutual agreement between the applicant and 
authority. 
4. If a complete application is denied, notify the applicant in writing and provide substantial supporting 
evidence of the reason for denial in the written record. The written notification of the denial and the 
supporting evidence shall be publicly released contemporaneously. There must be a reasonable basis for the 
denial of an application. An authority may not deny an application if the denial is discriminatory against the 
applicant with respect to the placement of the facilities of other wireless providers. 
D. An authority may not: 
1. Require an applicant to submit information about the applicant's business decisions regarding the need 
for the monopole, utility pole or wireless facilities. 
2. Require an applicant to submit information about, or evaluate an applicant's business decisions regarding, 
the applicant's service, customer demand for service or quality of service. 
3. Institute, either expressly or de facto, a moratorium on filing, receiving or processing applications or 
issuing decisions for modifications or installations that are not a permitted use.

E. An authority, in addition to other rights the authority has under federal, state or local law, may: 
1. Adopt reasonable requirements regarding the appearance and concealment of facilities, including those 
relating to materials used for arranging, screening or landscaping. 
2. Adopt setback or fall zone requirements that are substantially similar to setback or fall zone requirements 
that are imposed on other types of commercial structures of a similar height. 
3. Charge an application fee. Any application fee is subject to the requirements provided in section 9-593, 
subsection J. The total application fee, if allowed, may not exceed one thousand dollars for the modification 
of existing or the installation of new monopoles or utility poles or for the collocation of wireless facilities. 
4. Charge a rate or fee for the use of the right-of-way for the installation of a monopole and associated 
wireless facility that is limited to not more than the direct and actual costs of managing the right-of-way and 
that is not in the form of a franchise or other fee based on revenue or customer counts. 
F. An applicant's business decisions regarding the type and location of wireless facilities, monopoles or utility 
poles or the technology to be used are presumed to be reasonable. This presumption does not apply to the height 
or appearance of wireless facilities, monopoles or utility poles. An authority may consider the height of such 
structures in the zoning or other regulatory review, provided that the authority does not unreasonably 
discriminate between the applicant and other communications service providers that install wireless facilities. 
G. Subject to applicable relocation requirements, the authority's terms described in section 9-592 and the wireless 
provider's right to terminate at any time, the approval term of an application shall be for a period of not less than 
ten years, which must be renewed for equivalent durations unless the authority makes a finding that the structure 
or facilities do not comply with the applicable codes or terms of the zoning or other regulatory process approval. 
Construction of the approved structure or facilities shall be completed within one hundred eighty days after the 
permit issuance date, unless the authority and the wireless provider agree to extend this period or a delay is 
caused by the lack of commercial power at the site. 
 
9-595. Access to authority utility poles; rates and fees; collocations for other commercial projects or uses 
A. An authority may not enter into an exclusive arrangement with any person for the right to attach to authority 
utility poles. 
B. The rates and fees for the collocation of small wireless facilities on authority utility poles shall be 
nondiscriminatory regardless of the services provided by the collocating person. 
C. The rate to collocate small wireless facilities on authority utility poles may not exceed fifty dollars per 
authority utility pole, per year. 
D. An authority shall establish and make available rates, fees and terms for the collocation of small wireless 
facilities on authority utility poles within six months after August 9, 2017 or three months after receiving a 
request to collocate the first small wireless facility on such poles, whichever is later. The rates, fees and terms 
shall be made available for acceptance by a wireless provider. At the wireless provider's option, a wireless 
provider may request different or additional terms that the parties shall negotiate in good faith. Documents 
reflecting rates, fees and terms with each wireless provider shall be made publicly available. The rates, fees and 
terms shall comply with the following requirements: 
1. The rates, fees and terms must be nondiscriminatory, competitively neutral and commercially reasonable 
and comply with this section and section 9-592, subsections E and F. Requests for collocating a small 
wireless facility on an authority utility pole will be processed pursuant to section 9-593. The authority may 
require a wireless provider to replace the authority utility pole if the authority determines that applicable 
codes or local code or regulatory provisions that concern public safety require replacement of the authority 
utility pole. The wireless provider's request to install a replacement utility pole will be processed pursuant 
to section 9-592. The authority shall retain ownership of the utility pole. 
2. Terms must reasonably accommodate power supply and electric metering for the small wireless facility. 
E. An authority may prohibit, regulate and charge for the collocation of a wireless facility on a wireless support 
structure owned by the authority.

9-596. Scope of local authority 
A. Subject to this article and applicable federal law, an authority may exercise zoning, land use, planning and 
permitting authority and the authority's police power within the authority's territorial boundaries, including for 
the installation, modification and replacement of wireless support structures and utility poles. 
B. An authority does not have any jurisdiction or authority over the design, engineering, construction, installation 
or operation of any small wireless facility located in an interior structure or on the site of any campus, stadium 
or athletic facility that is not owned or controlled by the authority, other than to require compliance with 
applicable codes. 
C. This article does not authorize this state or any political subdivision of this state, including an authority, to 
require small wireless facility deployment or to regulate wireless services. 
D. If an authority determines that a utility pole, monopole or wireless support structure of a wireless provider 
will be relocated to accommodate a public project, all wireless facilities deployed on such utility pole, monopole 
or wireless support structure shall be relocated at no cost to the authority. 
 
9-597. Dispute resolution 
A court of competent jurisdiction in this state shall determine all disputes arising under this article. 
9-598. General requirements for use of the right-of-way 
Structures and facilities deployed by wireless providers pursuant to this article shall be constructed, maintained 
and located as to not obstruct, endanger or hinder the usual travel or public safety on the right-of-way, damage 
or interfere with any other utility facilities in the right-of-way or interfere with a utility's use of the utility's 
facilities in the right-of-way. Construction and maintenance by the wireless provider shall comply with the 
national electrical safety code and all applicable laws and regulations for the protection of underground and 
overhead utility facilities. An authority shall treat a wireless provider's facilities located within a right-of-way on 
an equal basis with other utility facilities, except that an authority may adopt reasonable regulations to address 
the separation of the wireless provider's facilities from the other utility facilities within the right-of-way to 
prevent any damage to or interference with such other utility facilities or interference with a utility's use of the 
utility's facilities located or to be located within the right of way. 
9-599. Applicability 
This article does not: 
1. Affect the authority of a special taxing district, investor-owned electric utility or electric cooperative that 
owns, controls or operates utility poles or wireless support structures to deny, limit, restrict or determine the 
rates, fees, terms and conditions for the use of or attachment to its utility poles or wireless support structures 
by a wireless provider. 
2. Confer on any authority any zoning, land use, planning, permitting or other regulatory authority over the 
utility poles, wireless support structures or small wireless facilities owned, controlled or operated by a 
special taxing district, investor-owned electric utility or electric cooperative or the installation of such utility 
poles, wireless support structures or small wireless facilities by a special taxing district, investor-owned 
electric utility or electric cooperative. 
3. Amend, modify or otherwise affect any private easement. Any and all rights for the use of a right-of-way 
are subject to the rights granted pursuant to any private easement. 
 
9-600. Antenna use; private property; applicability 
A. If an antenna is installed on property within the exclusive use or control of the antenna user whether the user 
has a direct or indirect ownership or leasehold interest in the property, an authority may not: 
1. Unreasonably delay or prevent installation, maintenance or use of the antenna. 
2. Unreasonably increase the cost of installation, maintenance or use of the antenna. 
3. Prevent reception of acceptable signal quality.

B. This section applies to antennas that are not larger than one meter in diameter and installed on private property 
and are designed to receive video programming services via broadband radio service or to receive or transmit 
wireless signals other than via satellite. 
C. This section does not apply to antennas used to transmit signals to and or receive signals from multiple 
customer locations.

16-2-1 
16-2-2 
16-2-3 
16-2-4 
Article 16-2 
Small Wireless Facilities 
Sections: 
Purpose 
Definitions 
Small Wireless Facilities in the Public Right-of-Way 
Rates and Fees 
Section 16-2-1 
Purpose 
The intent and purpose of this article is to facilitate the development and installation of small wireless facilities in 
the Town of Fountain Hills to supplement existing wireless communications networks and to increase capacity in 
high demand areas, while simultaneously promoting and preserving the health, safety, and general welfare of the 
residents of the Town and protecting and preserving the aesthetic qualities of the natural and built environment 
of the Town. Through this article, the Town seeks to balance the need for increased wireless communications 
capacity with the need for reasonable standards to preserve the aesthetic values of the Town and to ensure the 
safe placement of small wireless facilities. (18-01, Added, 02/20/2018) 
Section 16-2-2 
Definitions 
The definitions contained in A.R.S. § 9-591 are incorporated by this reference and shall apply to this article as if 
fully set forth here. (18-01, Added, 02/20/2018) 
Section 16-2-3 
Small Wireless Facilities in the Public Right-of-Way 
This section permits the installation of small wireless facilities in the right-of-way subject to the following 
requirements: 
A. 
No monopoles, utility poles associated with small wireless facilities, or small wireless facilities shall be 
collocated, installed, modified, or replaced in the public right-of-way unless the following requirements are met: 
1. 
The applicant participates in a pre-application conference with the Department of Development Services; 
2. 
An Application is submitted to and approved by the Town pursuant to this section; 
3. 
All Town requirements as set forth in this article are met; 
Art. 16-2 Small Wireless Facilities | Fountain Hills Town Code
Page 1 of 3
The Fountain Hills Town Code is current through Ordinance 24-19, passed October 1, 2024.

4. 
All other applicable codes and requirements are met; 
5. 
A Wireless Facility License Agreement is signed; and 
6. 
A Wireless Facility Encroachment Permit issued. 
B. 
The collocation, installation, modification, maintenance, and replacement of monopoles, utility poles 
associated with small wireless facilities, or small wireless facilities in the public right-of-way shall be subject to and 
comply with reasonable requirements, including the Wireless Facilities Standard Terms and Conditions, the Town’s 
Design Standards and Guidelines, and any site-specific requirements developed based upon consultation with the 
Town through the site review and permitting process. 
C. 
The Development Services Department shall prescribe and provide a regular form of Application for use by 
applicants for the collocation, installation, modification, maintenance, and replacement of monopoles, utility poles 
associated with small wireless facilities, or small wireless facilities in the public right-of-way. The Application shall 
include such information and details as the Department deems necessary to establish the exact location, nature, 
dimensions, duration and purpose of the proposed monopoles, utility poles, or small wireless facilities in the 
public right-of-way. 
D. 
The Application shall be accompanied by maps, sketches, diagrams or similar exhibits. The accompanying 
materials shall be of the size and in the quantity prescribed by the Development Services Department and of 
sufficient clarity to illustrate the location, dimensions, nature and purpose of the proposed monopoles, utility 
poles associated with small wireless facilities, or small wireless facilities in the public right-of-way and its relation 
to existing and proposed facilities in the right-of-way. 
E. 
No changes shall be made in the location, dimensions, character or duration of the monopoles, utility poles 
associated with small wireless facilities, or small wireless facilities in the public right-of-way as granted by the 
permit except upon written authorization of the Development Services Department. 
F. 
Approval of an Application is contingent upon the applicant demonstrating compliance with the Wireless 
Facilities Standard Terms and Conditions, the Town’s Design Standards and Guidelines, and any site-specific 
requirements developed based upon consultation with the Town through the site review and permitting process. 
G. 
An applicant may appeal denial of an Application to the Town Council by following this procedure: Within 
seven calendar days of the denial of an Application, an applicant shall file a notice of appeal, in writing, with the 
Town Clerk. The Town Council may affirm, modify, or reverse the action from which the appeal is taken. 
H. 
Upon approval of an Application, a Wireless Facility Encroachment Permit will be issued for each monopole, 
utility pole associated with small wireless facilities, or small wireless facility included in the Application. However, 
nothing in this article shall be construed to exempt monopoles, utility poles associated with small wireless 
facilities, or small wireless facilities in the public right-of-way from the requirements of Article 16-1 as an 
encroachment in the public right-of-way. 
Art. 16-2 Small Wireless Facilities | Fountain Hills Town Code
Page 2 of 3
The Fountain Hills Town Code is current through Ordinance 24-19, passed October 1, 2024.

The Fountain Hills Town Code is current through Ordinance 24-19, passed October 1, 2024. 
Disclaimer: The town clerk’s office has the official version of the Fountain Hills Town Code. Users should contact 
the town clerk’s office for ordinances passed subsequent to the ordinance cited above. 
Town Website: www.fh.az.gov 
Hosted by General Code. 
I. 
The collocation, installation, modification, maintenance, and replacement of monopoles, utility poles 
associated with small wireless facilities, or small wireless facilities shall be subject to rates and fees pursuant to 
Section 16-2-4 of this article. (18-01, Added, 02/20/2018) 
Section 16-2-4 
Rates and Fees 
A. 
The Town Council shall, by ordinance or resolution, set and amend any rate, rate component, charge, or fee 
authorized by state law for the use of the public right-of-way and Town utility poles in connection with small 
wireless facilities including: 
1. 
Fees for special use permit applications 
2. 
Fees for collocation applications; 
3. 
Fees for the use of the right-of-way; 
4. 
Rates for the use of the Town’s utility poles; 
5. 
Fees for Encroachment Permit Applications; 
6. 
Fees to recover legal costs resulting from enforcement to any noncompliance including, but not limited 
to, administrative expenses, investigation, testing, legal proceedings and filings, and continued monitoring; 
and 
7. 
Other fees as the Town may determine necessary to carry out the requirements contained herein. 
B. 
All rates and fees set or amended pursuant to this article shall be reasonable and shall not exceed the 
amounts permitted by state law. 
C. 
The Town shall publish and make available its schedule of rates and fees. 
D. 
These fees relate solely to the matters covered by this article and are separate from all other fees, fines and 
penalties chargeable by the Town. (18-01, Added, 02/20/2018) 
Art. 16-2 Small Wireless Facilities | Fountain Hills Town Code
Page 3 of 3
The Fountain Hills Town Code is current through Ordinance 24-19, passed October 1, 2024.

RESOLUTION
NO. 2018- 18
A
RESOLUTION
OF
THE
MAYOR
AND
COUNCIL
OF
THE
TOWN
OF
FOUNTAIN
HILLS,  ARIZONA,  ADOPTING
THE
WIRELESS
FACILITY
LICENSE
AGREEMENT
AND
THE
WIRELESS
FACILITIES
STANDARD
TERMS
AND CONDITIONS
FOR
LOCATING
WIRELESS
FACILITIES
WITHIN
TOWN
RIGHTS- OF-WAY,  THE
2018
TOWN
OF
FOUNTAIN
HILLS
WIRELESS
FACILITIES
IN
THE
RIGHT-OF-WAY
DESIGN
STANDARDS
AND GUIDELINES, AND AMENDING THE TOWN
COMPREHENSIVE
FEE
SCHEDULE;  AND
DECLARING
AN
EMERGENCY.
BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF
FOUNTAIN
HILLS, ARIZONA, as follows:
SECTION
1.  That the Wireless Facility License Agreement is hereby approved
in
the form
as
set forth in Exhibit " A", attached
hereto
and incorporated
herein by
reference.
SECTION 2.   That the Wireless Facilities Standard Terms and Conditions are
hereby approved in the form
as set forth in Exhibit " B", attached
hereto
and incorporated
herein by reference.
SECTION
3.   That the 2018 Town of Fountain Hills Wireless Facilities in the
Right- of-Way Design Standards and Guidelines
are hereby approved in the form as set
forth in Exhibit " C", attached hereto and incorporated
herein by reference.
SECTION 4.  That the proposed amendments to the Fee Schedule, initially posted
as
Development
Services
Department
Fees,  
are
now
included
in
Public
Works
Department Fees as Encroachment/ Engineering Permit Fees.
SECTION 5.   That the Town Comprehensive Fee Schedule, of the Fiscal
Year
2017- 2018 Adopted Budget is hereby amended by adding the line items set forth in
Exhibit" D", attached hereto and incorporated
herein by reference.
SECTION 6.  That the Mayor, the Town Manager, the Town Clerk and the Town
Attorney are hereby authorized and directed to execute all documents and take all steps
necessary to carry out the purpose and intent of this Resolution.
SECTION 7.  Because of the urgent need for the implementation of the Town' s
regulations
concerning
small
wireless
facilities,  and the immediate operation of this
Resolution is necessary
for the preservation of the public peace, health
and
welfare, 
an
emergency is hereby declared to exist and this Resolution shall be in full force and effect
I
400,      
from and after its passage and approval by the Mayor and Council as required by law and
1

is hereby exempt from the referendum
provisions of the Constitution
and laws of the
State of Arizona.
PASSED AND ADOPTED by the Mayor and Council of the Town of Fountain
Hills, February 20, 2018.
FOR THE TOWN OF FOUNTAIN HILLS:
ATTESTED
TO:
d
M. Ka
nagh
Bevelyn J. B
de
own Clerk
REVIEWED BY:    
APPROVED AS TO FORM:
OZ:›
47/1N  .. •VA•AIL---
Grady E. Miller, Tawn Manager
Fr
d
isman, Town Attorney
111)
2

CERTIFICATION
I, Bevelyn J. Bender, the duly appointed
Clerk of the Town of Fountain Hills, Arizona,
do hereby certify that the above
and foregoing
Resolution No. 2018- 18 was duly passed
by the Mayor and Council of the Town of Fountain
Hills, Arizona, at a re
lar meeting
held
on February 20, 2018, and the roll call of the vote
thereon
was
Ayes,  0
Nays, and that the Mayor and 5
Councilmembers
were present thereat.
Bevelyn J.    
nder,   own Clerk
Town of Fountain
Hills, Arizona
3

EXHIBIT A
TO
416, 
RESOLUTION NO. 2018- 18
Wireless Facility License Agreement]
See following pages.
II

Town
License#
Wireless
Provider' s Name:
WIRELESS
FACILITY
LICENSE
AGREEMENT
THIS WIRELESS
FACILITY
LICENSE
AGREEMENT (
the " License
Agreement") 
is
made and entered
into this
day of
20      ("
Effective
Date"),    by
and
between
the
Town
of
Fountain
Hills,  an
Arizona
municipal
corporation  (" Town"),  and
a
Wireless
Provider").
RECITALS
A.       The
Town
of
Fountain
Hills  " Wireless
Facilities
Standard
Terms
and
Conditions" sets out various
recitals and terms ( collectively
the " Terms").
B.       
Town
holds
interests
in
certain
parcels
of
land  ( the  " Street
Parcels")
comprising
street Right- of-way within the Town of Fountain Hills.
C.       This
License
Agreement
allows
Wireless
Provider
to
use
certain
limited
portions
of Town' s
specific
Street
Parcels
pursuant
to
an
approved
Wireless
Facilities
Encroachment
Permit (" Encroachment
Permit").
D.       
The
portions
of
the
Street
Parcels
that
this
License
Agreement
permits
Wireless
Provider to use ( the " Use Areas") are defined in the package of maps and related
materials ( the " Boundary
Plan") attached to each Encroachment Permit Application.
E.       
Wireless Provider desires to install and operate on the Use Areas the wireless
telecommunications
receiving,  processing and transmitting devices and related electronic
equipment that is specified
on each
Site Plan ( the " Communications
Equipment") subject to
the
requirements
of this
License
Agreement
and
associated
Encroachment
Permit.  The
Communications
Equipment
is limited
to the actual
electronic equipment, portable
cabinets
for
such
equipment,   enclosures,   and
antennas   (" Antennas")   utilized
for
wireless
communications,  all
as
shown
on
the
drawings  ( the  " Site
Plans")  attached
to
each
Encroachment
Permit.  Notwithstanding
anything
in this License Agreement or associated
Encroachment
Permit
to the contrary, the Communications
Equipment
excludes
any item
not shown on the approved Site Plan.
F.       The volume of the Enclosure and the above ground portion of its pad shall be
2

as shown
in the Site Plan incorporated
into each
Encroachment
Permit Application
and
shall be limited
as stated
on that Site Plan.
G.      
The
Street
Parcel
in
each
Encroachment
Permit
Application
shall
state
whether
it
is currently
improved
with
an
electrical,  traffic
signal,  street
light,  or
antenna
support pole ( the " Utility Pole") which
is owned
by Town, and the approximate height of the
Utility Pole.
H.       
In the Encroachment
Permit
Application, the Wireless Provider will indicate
whether it proposes
to use the existing Utility Pole, replace the existing Utility Pole, or install
a new Utility Pole that Town
or Wireless
Provider will
own. If the Utility Pole is owned by a
third- party,  the Wireless
Provider
shall
provide
documentation
confirming
the third- party
owners' consent for Wireless
Provider' s use of the Utility Pole.
I. 
In order to install the Communications
Equipment, Wireless
Provider
desires
to construct
supporting
improvements
and
perform
all other work shown
on the Site Plan
collectively
the " Project") for each site.
J.       
Wireless
Provider
shall
complete
the
entire
Project
and
put
the
Communications
Equipment
in full
operation
no later than
one
hundred
eighty ( 180) days
after the date of the issuance
of the Encroachment
Permit ( the " Completion
Deadline") for
each site.
K.       Town
desires
to
grant
to
Wireless
Provider
the
right
to
install,  maintain,
operate
and
repair the Communications
Equipment ( the " Permitted
Uses") subject to the
requirements
of this
License
Agreement
and
as specified
in each
specific
Encroachment
Permit granted pursuant to this License Agreement.
NOW,  THEREFORE,  
for
and
in
consideration
of
the
foregoing,  the
amounts
hereinafter to be paid by Wireless Provider, and the covenants and agreements contained
herein
to
be
kept
and
performed
by Wireless
Provider,  and
other
good
and valuable
consideration, Town and Wireless Provider agree as follows:
I.
LICENSE
TERMS
1 .       
License
Terms. Town hereby grants to Wireless Provider a license to use the Use
Areas
as follows:
1.
1
Terms
Incorporated.   
The
Terms ( as defined
in the Recitals
above) are
all
incorporated
by reference
as if set out in full herein. WIRELESS PROVIDER WARRANTS
AND
REPRESENTS
THAT WIRELESS
PROVIDER
HAS
READ AND AGREES
TO THE
TERMS. Capitalized terms used but not defined
in this License Agreement shall have the
meanings
assigned
by the Terms.
1. 2
Terms
Application.  Wireless
Provider
shall
comply
with
all
of
the
Terms.
Without limitation, the Terms shall apply to the Use Areas as follows:
3

1. 2. 1
Wireless
Provider' s
Boundary
Plan
Responsibility.   It
is
Wireless
Provider' s
responsibility
before
submitting
any
Encroachment
Permit
Application
authorized
by this License Agreement to ensure that the Boundary
Plan is prepared
as
follows:
1. 2. 1. 1 Wireless
Provider
shall
insure
that the Boundary
Plan
clearly
depicts all portions of the Street Parcel that Wireless Provider desires to use and that each
such area is clearly shown on the Boundary Plan and labeled to clearly indicate which of
the categories of Exclusive Areas or Shared Areas set out in the Terms applies to the area.
1. 2. 1. 2 If the Boundary Plan does not clearly show any portion of the
Street Parcel as one of the categories of Exclusive Areas or Shared Areas set out in the
Terms, then such portion of the Street Parcel is not part of the Use Areas and Wireless
Provider
may not use such
portion of the Street
Parcel, even
if the use is discussed
in the
Terms.
1. 2. 1. 3 Any Exclusive Area or Shared Area described or named in the
Terms that is not clearly depicted and correctly labeled on the Boundary Plan is excluded
from
this
License
Agreement
and
Encroachment
Permit
and
unavailable
for
Wireless
Provider' s use.
1. 2. 1. 4 Any portion of the Boundary
Plan or the Site Plan that indicates
a Wireless Provider's use of the Street Parcel that is not one of the Exclusive Areas or
Shared
Areas
specifically
enumerated
in
the
Terms
is
excluded
from
this
License
Agreement and Encroachment Permit and not available for Wireless Provider's use.
1. 2. 1. 5 All
work,  improvements
and
equipment
within
an
Exclusive
Area or Shared Area is limited to the purposes enumerated in the Terms for that particular
Exclusive Area or Shared Area.
1. 2. 1. 6 This
License
Agreement
and
Encroachment
Permit
does
not
allow
use
of
any
land
other
than
the
specified
portions
of the
Street
Parcel
that
are
Exclusive Areas or Shared Areas.
1. 2. 1. 7 Any
change
to
the
Boundary
Plan
after
Town
issues
the
Encroachment
Permit
is
void
unless
it
is
memorialized
in
a formal amendment to this
License Agreement.
1. 2. 2
Site
Plan. It is Wireless
Provider' s responsibility
before submitting
any
Encroachment
Permit Application
authorized
by this License
Agreement
to ensure that the
Site Plan correctly
shows the work that Wireless Provider
intends to perform, that the Site
Plan correctly shows all improvements
and equipment that Wireless
Provider intends
be
located
on the Use Areas, that the Site
Plan
shows
no work, improvements
or equipment
outside
the
Exclusive
Areas
and
Shared
Areas properly depicted and labeled on the
Boundary
Plan, and that all work, improvements
and equipment
is encompassed
within
the
purposes
enumerated in the Terms for
that particular
Exclusive
Area or Shared
Area. Any
4

work, improvements
or equipment
not conforming
to all the foregoing is prohibited, even
if it
is
clearly
shown
on the Site
Plan
or discussed
in
the Terms.  Any
refinement
or other
change
to the Site
Plan
after Town
issues
a Encroachment
Permit
is void
unless
Wireless
Provider obtains Town' s approval
of the change
pursuant to the plans approval
processes
set out in the Terms and pursuant to all applicable
regulatory
requirements.
1. 2. 3
Term
of Agreement. 
The
term
of this
Agreement
is as
stated
in the
Terms.
1. 2. 4
Wireless Provider' s Payments. Wireless Provider shall pay to Town the
amounts described in the Terms.
1. 2. 5
Use
Restrictions.   Wireless
Provider
shall
comply
with
the
use
restrictions
set out in the Terms.
1. 2. 6
Encroachment
Permits. This Agreement
constitutes
an " Encroachment
Permit" under Chapter 16- 1- 4. F of the Town of Fountain Hills Town Code to the extent of
granting permission for the Communications
Equipment to exist on the Street Parcel but
not to allow any construction or other work of any description in the Right-of-way or to allow
obstruction
of traffic or alteration
of Town' s improvements. Before performing
any work on
the
Right- of-way,  Wireless
Provider
shall
obtain
the following
additional
encroachment
permits, as applicable:
41161,       
1. 2. 6. 1 Permission
to work in the Right- of-way.
1. 2. 6. 2 Traffic control plan.
1. 2. 6. 3 Any
other
applicable
permits
regarding
work
in the
Right- of-
way.
1. 2. 7
Compliance
with
Law.  Wireless
Provider
acknowledges
that
this
License
Agreement
or any issued
Encroachment
Permit does not constitute, and Town
has
not promised
or offered, any type of waiver of, or agreement to waive ( or show any type of
forbearance, 
priority
or favoritism
to Wireless
Provider
with
regard
to) any law, ordinance,
power, regulation, tax, assessment
or other legal requirement
now or hereafter
imposed
by
the Town
of Fountain
Hills or any other governmental body upon or affecting Wireless
Provider' s
use of the Street
Parcel.  For example, Wireless Provider shall comply with all
zoning, building and Right-of-way codes, ordinances and policies.
2.       
Permitted
Uses.  Town
hereby
grants
to
Wireless
Provider
the
right
to
install,
maintain, operate and
repair the Communications
Equipment ( the " Permitted
Uses") subject
to
the
requirements
of
this
License
Agreement
and
as
specified
in
each
specific
Encroachment Permit granted pursuant to this License Agreement.
3.       Annual
Blanket
Encroachment
Permit for Incidental
Work at
a Site:   On or before
January
1
of each
calendar
year, the Wireless Provider shall submit an application for a
5

Blanket Encroachment Permit to perform incidental and routine maintenance work at any
site
in the Town' s Right- of-way. The Blanket Encroachment Permit shall only cover such
activities
as checking
and inspecting
communications
equipment and
antennas, changing
circuit
packs
and
cards,  cleaning
the
cabinets
and
immediate
area,  and
other
similar
activity.  The Blanket Encroachment Permit does not include any work that requires the
replacement
of
cabinets,  antennas,  or
communications
equipment,  or
any
excavation,
trenching, or concrete or roadway cutting within the Boundary Plan use area.
4.       Town' s
Initial
Information.  Unless
and
until
Town
gives
notice
otherwise,  Town' s
contract administrator shall be the Development Services Director.
5.       
Wireless
Provider' s
Initial
Information.  Unless
and
until
Wireless
Provider
gives
notice otherwise:
5. 1
Wireless
Provider' s network
operations
center phone number as required
by
the Terms
is (
0
0

5. 2
Wireless Provider' s address for notices as required by the Terms shall be:
L
5. 3
Wireless
Provider' s billing address
for routine
billing
invoices
as required
by
the Terms
shall be:
7  .

EXECUTED
as of the date first given above.
TOWN:      
Town of Fountain
Hills,
an Arizona municipal corporation
By:
Town Manager
WIRELESS PROVIDER:
a
By:
Name:
Its:
40
0

EXHIBIT B
TO
RESOLUTION NO. 2018- 18
Wireless
Facilities
Standard
Terms
and Conditions]
See following pages.
9

WIRELESS
FACILITIES
STANDARD
TERMS AND CONDITIONS
The Common
Council
of the Town of Fountain Hills (" Town") has adopted
the
following
recitals, terms and conditions ( collectively, the " Terms") to govern the use of Town
owned right-of-way for the placement of wireless facilities by a Wireless Provider as defined
by the Arizona Revised
Statutes, Section
9- 591, et. seq.  These Terms are effective as of
2018, and may be amended only upon approval of the Town Council.
RECITALS
a.  Town owns the public street and alley rights- of-way and public utility easements within
the boundaries
of the Town of Fountain
Hills that are designed
for use by utility
companies for installation, operation and repair of water, electrical and other utilities
pursuant to franchise, licenses or other agreements between utility companies and
Town ( collectively
the "Right-of-way").
b.  Town is the owner of certain street lights and traffic signals ( individually
a " Utility Pole"
or collectively " Utility Poles") located
in the Right- of-way ( as hereinafter
defined).
c.   Pursuant to A. R. S. 9- 591, et seq., one or more Wireless
Providers
may desire to
establish and operate a network of Small Wireless Facilities to enhance wireless
service coverage within the Town.
d.  Town anticipates that one or more Wireless Providers may desire to install Small
Wireless
Facilities
on the Town' s Utility Poles, install new and replacement
Utility
Poles
capable of supporting
Small Wireless
Facilities, and
in certain
cases and where
permitted
by the Town' s Code, install other Small Wireless
Facilities
or monopole
towers in the Right- of-way.
e.  Wireless Providers agree to comply with the Town' s Right-of-way use requirements
as provided
in these Terms.  Furthermore, Wireless Providers agree to file the
appropriate applications and secure the appropriate licenses and permits required by
the Town for placement of Wireless Facilities within the Town' s boundaries.
f.   Town Utility Poles approved for Small Wireless Facilities shall retain their primary
governmental purpose, and use of the Right-of-way by Wireless Providers shall not
interfere with the Town' s use thereof.  The primary purpose of these Terms is to
protect the health, safety and welfare of the public, and to protect the value of and
physical integrity of publicly- owned property and assets.
g.  Because Town' s existing streetlight poles and traffic signal poles are not designed to
safely support the additional weight and stress of Wireless Facilities, Wireless Service
Providers shall be required to provide poles designed to support these facilities to
replace existing poles prior to attaching Wireless Facilities.
TERMS
to

1.       
DEFINITIONS.  For the purposes of the Terms:
Antenna" means communications
equipment
that transmits
or receives
electromagnetic radio frequency signals and that is used in providing wireless
services.
Application
Fee" means the Town' s encroachment permit application, review
and other fees related to the issuance of the permit.
Base Use Fee" means the amount that the Company
shall pay to Town for
each year of this license for use of Town Right- of-way and Town- owned Pole,
as set out in the current fee schedule.
Communications
Equipment" means any and all electronic
equipment
at the
Small Wireless Facility location that processes and transports information from
the antennas to the Wireless Provider' s network.
Competing
Users" means entities that own the water pipes, cables and wires,
pavement, and other facilities which may be located within the Right-of-way.
The Competing
Users
include without limitation, the Town, the State of Arizona
and its political subdivisions, the public, and all manner of utility companies and
other existing or future users of the Use Areas.
Encroachment
Permit" means a permit issued pursuant to Chapter 16 of the
Fountain Hills Town Code allowing
a
a utility pole, monopole, small wireless
facility or wireless support structure to be placed in the Town' s Right-of-way
pursuant to the Wireless Provider' s License Agreement.
FCC" means the Federal Communications Commission.
FCC Rules" means all applicable radio frequency emissions laws and
regulations.
FCC OET Bulletin
65" means the FCC' s Office of Engineering & Technology
Bulletin 65 that includes the FCC Radio Frequency
Exposure
Guidelines.
License Agreement" means the license incorporating these Terms for Wireless
Providers to install and operate Wireless Facilities in the Town' s Right-of-way.
Monopole" means a wireless support structure that is not more than forty
inches in diameter at the ground level and that has all of the wireless facilities
mounted on the pole or contained inside of the pole.
RF" means radio frequency.
II
RF Letter" means a letter attesting to the Wireless Provider' s compliance with
FCC RF exposure guidelines from the Wireless Provider' s senior internal
11

engineer.
Right- of-way" as defined for wireless
sites in A. R. S. § 9- 591( 18) means the
area on, below or above a public roadway, highway, street, sidewalk, alley, or
utility easement. Right- of-way does not include
a Federal
Interstate
Highway, a
state highway or state route under the jurisdiction of the Department of
Transportation, a private easement, property that is owned by a special taxing
district, or a utility easement that does not authorize the deployment
sought by
the wireless provider.
Site Documents" means the depiction
of the use area, schematic plans and
map showing location of the installation of the Wireless Facility in the Right-of-
way, including but not limited to the title report of the use area, vicinity map,
site plan, elevations, technical specifications and the cubic feet of the non-
antenna wireless
equipment.
Small Wireless Facility" as defined
in A. R. S. § 9- 591( 19), means a Wireless
Facility that meets both of the following qualifications:
a.   
All antennas
are located
inside
an enclosure
of not more than six ( 6)
cubic feet
in volume
or, in the case of an antenna that has exposed
elements,  the
antenna
and
all of the antenna' s exposed elements
could
fit within
an imaginary
enclosure
of not more than six ( 6) cubic
feet in volume.
b.   
All
other
wireless
equipment
associated
with
the
facility
is
cumulatively
not more than twenty- eight ( 28) cubic feet in volume, or
fifty ( 50) cubic feet in volume if the equipment was ground mounted
before
the
effective
date
of
this
section.  The
following
types
of
associated ancillary equipment are not included in the calculation of
equipment volume pursuant to this subdivision:
An electric meter.
ii.
Concealment
elements.
iii.
A telecommunications demarcation box.
iv.
Grounding
equipment.
v.
A power transfer switch.
vi.
A cutoff switch.
vii.
Vertical
cable
runs for the connection
of power and other
services.
Supplemental
Parcel Agreement" means an agreement
authorizing
the
Wireless
Provider to use property outside of the Town' s Right- of-way, whether
12

owned by the Town or a third- party.
Third Party Areas" means the portions of the Right- of-way, such as canal
crossings
or other areas that for any reason have limited
Right- of-way
dedications or that have regulatory use restrictions imposed by a third party.
Violation
Use Fee" means the types of fees that the Town
has available
to
remedy certain breaches of the License Agreement by a Wireless Provider.
Wireless
Facility" as defined
in A. R. S. § 9- 591( 22):
a.   
Means
equipment
at
a
fixed
location
that
enables
wireless
communications
between
user
equipment
and
a
communications
network, including both of the following:
Equipment
associated
with wireless communications.
ii.  
Radio transceivers, antennas, coaxial or fiber-optic cables,
regular
and
backup
power
supplies
and
comparable
equipment, regardless of technological configuration.
b.   
Includes small wireless facilities.
c.    
Does
not include the
structure
or improvements
on, under
or within
which the equipment is collocated, wireline backhaul
facilities, coaxial
or fiber- optic
that
is
between
wireless
support
structures
or utility
poles or coaxial or fiber-optic cable that is otherwise not immediately
adjacent to, or directly associated with, an antenna.
d.   
Does not include Wi- Fi radio equipment described in Section 9- 506,
Subsection
I
or
microcell
equipment
described
in
Section
9- 584,
Subsection
E.
Wireless
Infrastructure
Provider" as defined
in A. R. S. § 9- 591( 23) means
any
person that is authorized to provide telecommunications service in this state
and that builds or installs wireless communications transmission equipment,
wireless facilities, utility poles or monopoles but that is not a wireless service
provider. Wireless Infrastructure Provider does not include a special taxing
district.
Wireless Provider" as defined
in A. R. S. § 9- 591( 24) means a Cable Operator,
Wireless Infrastructure
Provider or Wireless Services Provider.
Wireless Provider' s Improvements" means all improvements
installed
by the
Wireless
Provider, including, but not limited to: all elements of the Wireless
ow
Facility, all screening
elements, any landscaping
plants or materials, and any
13

other elements provided by the Wireless Provider in the approved License
Agreement.
Wireless
Services" as defined
in A. R. S. § 9- 591( 25) means any services that
are provided to the public and that use licensed or unlicensed spectrum,
whether at a fixed location
or mobile, using wireless facilities.
Wireless Services
Provider" as defined
in A. R. S. § 9- 591( 26) means
a person
that provides wireless services. Wireless Services Provider does not include a
special taxing district.
Wireless Support Structure" as defined
in A. R. S. § 9- 591( 27):
a)   
Means:
A freestanding
structure, such as a monopole.
ii.
A tower, either guyed or self-supporting.
iii.
A sign or billboard.
iv.
Any
other
existing
or
proposed
structure
designed
to
support or capable of supporting
small wireless facilities.
v.
Does not include a utility pole.
2.       
USE AREAS.
Upon approval of a License Agreement, Town grants to Wireless Service Provider the
right to install Wireless Facilities
in the Town' s Right- of-way upon issuance of an
Encroachment Permit for each Use Area as set forth below:
2. 1
Limitations.   Notwithstanding
anything
herein
to the contrary, the
Use
Areas include and are limited to only certain areas that Wireless Provider is
permitted
to
exclusively
use
and
occupy  ( the  " Exclusive
Area")  and
certain
areas that Wireless
Provider
is permitted
to use on
a shared
basis ( the " Shared
Area").  The Use Areas are defined by the Boundary Plan.
2. 2
Use Areas Boundary.  
The Use Areas
is the smallest
geometric
shape
that
includes
the
Exclusive
Areas
and
the
Shared
Areas.    The
Use
Areas
exclude other parts of the Street Parcel
or and all other land.  Wireless Provider
shall not occupy or use any other portion of the Street Parcel or adjoining lands.
An
approved
License
Agreement
or any associated
Encroachment
Permit( s)
does not allow any use by Wireless Provider of land outside the Street Parcel.
If any portion of Wireless
Provider' s work, improvement
or equipment
is to be
located
on
other
land,  then
such
work,  improvements
and
equipment
are
prohibited
unless Wireless
Provider first obtains
from the owner of said
land
including
Town, if applicable) a Supplemental
Parcel Agreement
allowing
such
work, improvements
and equipment.
14

2. 3
Exclusive
Areas.  The Exclusive
Areas are limited to the following, if and
as defined by the Boundary Plan:
2. 3. 1
The
land
area
defined
as  " Enclosure"  on
the
Boundary
Plan
to
be
used
by
Wireless
Provider
solely
for
the
enclosure
housing the electronic ground equipment
shown on the Site Plan
the " Enclosure"). Such area is confined to the actual area occupied
by the
exterior
structure
and
the
interior
of the
enclosure.  If the
Boundary
Plan
does
not
show
a
clearly
defined
and
correctly
labeled  " Enclosure"  area,  then
no enclosure area
is available for
Wireless
Provider' s use and any enclosure
for Wireless
Provider' s
use must be located
outside
the Street
Parcel
and authorized
by a
Supplemental Parcel Agreement.
2. 3. 2
The
area
on
the
Pole
defined
as  " Antennas"  
on
the
Boundary Plan to be used by Wireless Provider solely for mounting
the
Antennas.   Such
area
is
confined
to
the
Town
approved
elevations
and
locations
actually
occupied
by the
Antennas
and
their supporting
brackets.   
If the Boundary
Plan
does
not show
a
clearly defined
and correctly labeled " Antennas" area, then no main
antennas
area is available
for Wireless
Provider' s use and any main
antennas for Wireless Provider's use must be located outside the
Street Parcel and authorized
by a Supplemental
Parcel Agreement.
2. 4
Shared Areas.  Shared
Areas
are limited to the following
areas, if and as
defined by the Boundary Plan:
2. 4. 1
A motor vehicle Parking
space ( the " Parking
Space") at the
Parking
Space"  location
described
on
the
Boundary
Plan
to
be
used by Wireless Provider solely for parking
a service vehicle to
service the Communications Equipment and for ingress and egress
to that Parking
Space.
2. 4. 2
No
temporary
construction
area
is
provided
by
these
Terms, an approved
License Agreement
or Encroachment
Permit.
Wireless
Provider
must
obtain
from
Town
a
separate
written
document giving Wireless Provider permission to work in the Right-
of-way, as described elsewhere herein.
2. 4. 3
An
underground
cable
route ( the " Signal
Route") labeled
as the  "Signal
Route"  described on the Boundary Plan from the
Enclosure to the Antenna to be used by Wireless Provider solely for
underground
radio frequency lines between the Enclosure and the
Antenna. Notwithstanding
the preceding sentence, the portion of the
Signal
Route
upon
the
Pole
shall
not be underground
but shall
be
within
the
Pole.  If the
Boundary
Plan
does
not
show
a
clearly
IDdefined
and
correctly
labeled  " Signal
Route" area, then
no
signal
route area is available for Wireless Provider's use and any signal
15

route for Wireless Provider' s use must be separately authorized by
Town.
2. 5
Power
and
Telephone
Service.   Nothing herein grants permission for
Wireless
Provider
to
use
any
portion
of
power,  telephone
or
other
service
routes,  if any.  Wireless
Provider
acknowledges
that
use
of the
public
street
Right- of-way or public
utility easements
for these purposes, if any, is governed
by
Town' s
normal
Right- of-way
rules
and
policies,  and
by
the
franchise
agreements
between
the
Town
and
the
electrical
and
telephone
service
providers.
2. 6
Rights in Adjacent
Land.  Wireless Provider's rights are expressly limited
to the real property defined
as the " Use Areas" an issued
Encroachment
Permit.
Without
limitation, in the event any public Right- of-way or other public or private
property
at or adjacent to the Use
Areas
is owned, dedicated, 
abandoned
or
otherwise
acquired, used, improved
or disposed
of by Town, such property shall
not accrue to Wireless
Provider but shall be the Town' s property and not subject
to the Use Areas.
2. 7
Variation
in Area.   In the event the
Use Areas
consist
of more
or less
than
any
stated
area, Wireless Provider's obligations hereunder shall not be
increased
or diminished.
2. 8
Condition
of Title.   Wireless Provider shall not have power to amend,
modify, terminate or otherwise change the Site Documents or create new Site
Documents.
2. 8. 1
Town
does not warrant
its own or any other person' s title
to or rights to use the Use Areas or any other property.
2. 8. 2
Wireless
Provider
shall
pay,  indemnify,  defend
and
hold
harmless
Town
and
its
agents
and
representatives
of,  from and
against any and
all
claims, demands, damages, 
expenses, interest
or penalties
of any kind
or nature
whatsoever, 
including
attorneys',
arbitrators'  and
experts'  fees
and
court
costs
that
arise
from
or
relate
to
Wireless
Provider' s
non- compliance
with
the
Site
Documents.
2. 9
Condition
of Use Areas.  The Use Areas are being made available
in an
as is" condition
without any express
or implied
warranties of any kind, including
without
limitation
any
warranties
or
representations
as
to
their
condition
or
fitness for any use.
2. 10
No Real Property
Interest.   Notwithstanding any provision hereof to the
contrary,  and
notwithstanding
any
negotiation,  correspondence,  
course
of
performance
or dealing, or other statements
or acts by or between
the parties,
Wireless Provider' s rights herein are limited to use and occupation of the Use
Areas for the Permitted Uses.
16

2. 11
Limited Rights
in Use Areas.  Wireless Provider' s rights in the Use Areas
are
limited
to
the
specific
rights
expressly
granted
in
Wireless
Provider' s
approved
License
Agreement.
2. 12
Reserved
Right and Competing
Users
and Activities.   Notwithstanding
anything herein to the contrary, Town specifically reserves to itself and excludes
from any Encroachment
Permit
a non- exclusive
delegable
right ( the " Reserved
Right")  over
the
entire
Use
Areas
for
all
manner
of
real
and
personal
improvements
and for streets, sidewalks, trails, landscaping, utilities and every
other land use of every description. Without limitation:
2. 12. 1
Competing
Users.  Wireless
Provider
accepts
the risk that
Town
and
others ( the " Competing
Users") may now or in the future
install their facilities
in the Use Areas
in locations
that make parts of
the Right-of-way unavailable for Wireless Provider's use.
2. 12. 2
Competing
Activities.   Wireless Provider accepts the risk
that there may now or in the future exist upon the Use Areas all
manner
of
work
and
improvements
upon
the
Use
Areas  ( the
Competing
Activities").  The
Competing
Activities
include
without
limitation
any and
all laying
construction, 
erection, installation, use,
operation,    repair,    replacement,    removal,    relocation,    raising,
lowering, widening, realigning or other dealing with any or all of the
following,  whether
above,  upon
or below
the
surface
of the
Use
4110
Areas and whether occasioned by existing or proposed uses of the
Right-of-way or existing or proposed
uses of adjoining or nearby
land:
2. 12. 2. 1
All
manner
of
streets,   alleys,   sidewalks,
trails,  ways,  traffic
control
devices,  subways,  tunnels,
trains and gates of every description, and
all manner
of
other transportation facilities and their appurtenances.
2. 12. 2. 2
All
manner of pipes, wires, cables, conduits,
sewers,     pumps,     
valves,     switches,     
conductors,
connectors,  poles,  supports,  access
points
and
guy
wires of every description, and all manner of other utility
facilities
and their appurtenances.
2. 12. 2. 3
All
manner
of
drains,   bridges,   viaducts,
overpasses,      
underpasses,      
culverts,      
markings,
balconies,       
porches,       overhangs
and
other
encroachments of every description and all manner of
other facilities
and their appurtenances.
2. 12. 2. 4
All other uses of the Right- of-way that Town
may permit from time to time.
40
17

2. 12. 3
Town' s Rights Cumulative.  All of Town' s Reserved Rights
under
various
provisions
of the
License Agreement, these Terms
and Encroachment Permits shall be cumulative to each other.
2. 12. 4
Use
Priorities.    These
Terms
do
not grant
to
Wireless
Provider or establish for Wireless Provider any exclusive rights or
priority in favor of Wireless Provider to use the Use Areas. Wireless
Provider
shall
not
obstruct
or
interfere
with
or
prevent
any
Competing User from using the Use Areas.
2. 12. 5
Regulation.  Town shall have full authority to regulate use
of
the
Use
Areas
and
to
resolve
competing
demands
and
preferences regarding use of the Use Areas and to require Wireless
Provider
to
cooperate
and
participate
in
implementing
such
resolutions.  Without
limitation,  Town
may take
any
or all of the
following
into account
in regulating
use of the Use Areas:
2. 12. 5. 1
All timing,  public,  operational,  financial
and
other
factors
affecting
existing
and
future
proposals,
needs and plans for Competing Activities.
2. 12. 5. 2
All other factors Town may consider relevant,
whether
or
not
mentioned
in the
License
Agreement,
these Terms
and Encroachment
Permit( s).
2. 12. 5. 3
Differing
regulatory
regimes
or
laws
applicable
to claimed
rights, public
benefits, community
needs and all other factors relating to Competing Users
and Competing Activities.
2. 12. 6
Communications
Equipment
Relocation.       Upon
one
hundred
eighty  ( 180)  days'  notice
from
Town,  Wireless
Provider
shall temporarily
or permanently
relocate
or otherwise
modify
the
Communications
Equipment
Relocation ( the " Relocation
Work") as
follows:
2. 12. 6. 1
Wireless
Provider
shall
perform
the
Relocation
Work at its own expense
when
required
by
Town' s town manager or designee.
2. 12. 6. 2
The
Relocation
Work
includes
all
work
determined by Town to be necessary to accommodate
Competing
Activities,    including
without
limitation
temporarily
or
permanently
removing,    protecting,
supporting,  disconnecting
or relocating
any
portion
of
the Communications
Equipment.
0
2. 12. 6. 3
Town may perform any part of the Relocation
Work
that
has
not
been
performed
within
the
allotted
18

time.  Wireless
Provider
shall
reimburse
Town
for
its
actual costs
in performing
any Relocation
Work. Town
has
no
obligation
to
move Wireless
Provider' s, Town' s
or others' facilities.
2. 12. 6. 4
Town
and
not
Wireless
Provider
shall
be
entitled to use any of Wireless Provider' s facilities that
are
abandoned
in
place
or that
are
not
relocated
on
Town' s request.
2. 12. 6. 5
All
Relocation
Work
shall
be
subject
to and
comply
with
all
other
provisions
of
the
License
Agreement.
2. 12. 7
Disruption
by Competing
Users.    Neither
Town
nor
any
agent, contractor or employee of Town shall be liable to Wireless
Provider, its customers
or third
parties for any service
disruption
or
for any other harm caused them or the Communications Equipment
due to Competing Users or Competing Activities.
2. 12. 8
Emergency
Disruption
by Town.  Town
may remove, alter,
tear
out,  relocate
or
damage
portions
of
the
Communications
Equipment
in
the
case
of fire,  disaster,  or
other
emergencies
if
Town' s
town
manager
or
designee
deems
such
action
to
be
reasonably
necessary
under
the
circumstances.  In
such
event,
neither Town
nor any agent, contractor or employee of Town shall
be liable
to Wireless
Provider
or its customers
or third
parties
for
any harm so caused to them or the Communications
Equipment.
When
practical,  
Town
shall
consult
with
Wireless
Provider
in
advance
to assess the necessity
of such actions and to minimize
to
the
extent
practical
under
the
circumstances
damage
to
and
disruption
of operation
of the Communications
Equipment.  In any
event,  Town
shall
inform
Wireless
Provider
after
such
actions.
Wireless Provider' s work to repair or restore the Communications
Equipment shall be Relocation Work.
2. 12. 9
Public
Safety.   If the Communications
Equipment
or any
other
Wireless
Provider
equipment,   improvements
or
activities
present any immediate hazard or impediment to the public, to Town,
to Town' s equipment or facilities, to other improvements or activities
within
or without
the
Use
Areas,  or Town' s ability
to
safely
and
conveniently
operate
the
Right- of-way
or
perform
Town' s
utility,
public
safety
or
other
public
health,  safety and welfare functions,
then
Wireless
Provider
shall
immediately
remedy
the
hazard,
comply
with
Town' s
requests
to
secure
the
Street
Parcel,  and
otherwise
cooperate
with Town
at no expense
to Town to remove
any
such
hazard
or impediment.  Wireless Provider's work crews
shall
report the Use Areas
within four ( 4) hours
of any request
by
Town under this paragraph ( the " RF Safety Paragraph").
19

2. 13
Third
Party Permission.   There may be portions of the Right-of-way or
other areas that for any reason
have limited
Right- of-way dedications
or that
have regulatory
use restrictions
imposed
by a third party (" Third Party").  Areas
subject
to such
restrictions
or regulations
by Third
Parties
are
referred
to as
Third
Party
Areas" and communications equipment may not be built without
permission
from
the Third
Party or Third Parties that have property rights or
regulatory
authority
over
a specific Third
Party Area.  Wireless
Provider' s right
to
use any Use Areas
shall
be suspended, 
but not its obligations
with
respect
thereto, during any period that a Third Party Permission
is not in effect.
3.
DURATION; EXTENSIONS.
3. 1
Term.    The
original
term
of each
License
Agreement
shall
be for
a
period
of ten ( 10) years commencing
on the effective date stated therein (" Initial
Term").  The Term of any associated Encroachment Permits issued to Wireless
Provider
shall
be
the
same
as
Wireless
Provider' s
approved
License
Agreement.
3. 2
Extensions.   The term of the License
Agreement
may be extended
for
one ( 1) additional
ten ( 10) year period (" Extension
Term") subject to consent by
Town and Wireless
Provider, which either may withhold
in its sole and absolute
discretion.  
Both Town
and Wireless
Provider
shall
be deemed
to have
elected
to extend
unless
Town
or Wireless
Provider,  respectively, gives
notice
to the
contrary to the other at least ninety ( 90) days prior to the end of the initial Term.
3. 3
Holding
Over.   In any circumstance whereby Wireless Provider would
remain in possession or occupancy of the Use Areas after the expiration of this
License Agreement (
as extended, if applicable), such holding over shall not be
deemed
to
operate
as
a
renewal
or extension
of the
License
Agreement
or
Encroachment
Permits, but shall only create a use right from month to month
that may
be terminated
at any time by Town
upon thirty ( 30) days'  notice to
Wireless
Provider, or by Wireless
Provider
upon sixty ( 60) days' notice to Town.
3. 4
Town' s Right to Cancel.   Notwithstanding
anything
contained
herein
to
the contrary, Town
shall
have the unconditional
right, with
or without cause, to
terminate
any
Encroachment
Permit
for
reasons
including
but not limited to
street widening,  Right- of-way abandonment, or development that may impact
the location
of the site, upon
one hundred
eighty ( 180) days' prior written
notice
given at any time after the first one hundred
eighty ( 180) days.
3. 5
Wireless
Provider' s Right to Cancel.   Wireless
Provider
shall
have
the
unilateral right to terminate any License Agreement without cause upon thirty
30) days' prior written
notice. Wireless Provider has no right to terminate any
time
after
an event of default
by Wireless
Provider
has occurred ( or an event
has occurred that would become a default after passage of time or giving of
notice).
20

3. 6
Removal and
Restoration
Obligations.  Upon expiration or termination of
any License
Agreement
or Encroachment
Permit, or any abandonment of any
Wireless
Facilities, Wireless
Provider
shall
remove
its Wireless
Facilities
from
the
Right- of-way,  at
is
sole
cost
and
expense
as
provided
in
Section
12. 4
hereto.
4.
WIRELESS
PROVIDER'
S PAYMENTS.
Wireless Provider shall make payments to Town as follows:
4. 1
Use
Fee
Items.    Wireless
Provider
shall
pay
to
Town
each
of
the
following
separate and cumulative
amounts ( collectively the " Use Fees"):
4. 1.
1
An annual amount ( the " Base
Use Fee").
4. 1. 2
An
amount  ( the  " Application
Fee")  based
on
Wireless
Provider's application and permit review and other costs as set out
below.
4. 1. 3
An
amount  ( the  " Violation
Use
Fee")  based
on
certain
breaches by Wireless Provider of the License Agreement as set out
below.
4. 1. 4
All other amounts required by the License Agreement.
4.2
Base Use Fee Amount.  The amount of Base Use Fee Wireless Provider
shall
pay
to Town
for
each
year
of this Agreement
shall
be the total of all
applicable
fee line items for wireless
communications
facilities ( including without
limitation " antenna
base fee" and " ground
equipment
fee", as applicable) as set
out in the then current fee schedule as it may be amended from time to time by
Town' s town council.
4. 3
Application
Fee Amount.  The amount of the Application
Fee for Small
Wireless
Facilities
under A. R. S. § 
9- 592 shall
be Seven
Hundred
Fifty Dollars
750. 00) and the Application
Fee for wireless
sites
under A. R. S. § 
9- 594 shall
be One Thousand
Dollars ($
1000. 00).   Nothing herein shall prevent the Town
from
charging
any
other
applicable
fees
ordinarily
charged
by the Town for
review of plans, issuance
of permits, and inspection of Wireless Provider' s work
upon the Use Areas ( including, without limitation, encroachment
permits, traffic
control
fees, technology fees) as set out in the then current fee schedule as it
may be amended from time to time by Town' s town council.
4. 4
Use
Fees
Cumulative.   All items of Use Fees shall be cumulative and
separate from each other.
4. 5
Use Fee Schedule.  Provider shall pay all Use Fees at the times and in
lir
the
amounts
specified
by Town' s normal
processes. Town' s failure
to collect
21

any item of the Use Fees does not waive Wireless Provider' s liability for such
Use Fee, nor shall such failure be deemed
a waiver by the Town to collect such
Use Fee thereafter.
4. 6
Letter of Credit.  The
Initial
Letter of Credit
amount
shall
be based
upon
the
Wireless
Provider' s good
faith
projection
of
the
number
of
sites
to
be
constructed
within the Town of Fountain
Hills during the current calendar year.
The Initial Letter of Credit shall be received
by the Town before any construction
and encroachment permits are issued as follows:
4. 6. 1
The amount of the letter of credit shall be as follows: Thirty
Thousand
Dollars  ($ 30, 000. 00) for
up
to ten  ( 10) wireless
sites;
Sixty
Thousand
Dollars  ($ 60, 000) for
eleven  ( 11)  to twenty ( 20)
wireless
sites; One
Hundred
Five Thousand
Dollars ($ 105, 000) for
twenty one ( 21) to thirty five ( 35) wireless
sites; One Hundred
Eighty
Thousand
Dollars ($
180, 000) for thirty
six ( 36) to sixty ( 60) wireless
sites;  Three
Hundred
Thousand
Dollars  ($ 300, 000) for sixty one
61)  
to
one
hundred  (
100)  wireless
sites;  Four
Hundred
Fifty
Thousand
Dollars  ($ 450, 000) for
one
hundred
one  ( 101) 
to
one
hundred
fifty  ( 150)  
wireless
sites;   Six
Hundred
Seventy
Five
Thousand
Dollars ($ 675, 000) for one hundred fifty one ( 151) to two
hundred twenty five ( 225) wireless
sites; One Million
Fifty Thousand
Dollars  ($
1, 050, 000)  for
two
hundred
twenty
six  ( 226)  to
three
hundred
fifty  ( 350)  wireless
sites;   One
Million
Five
Hundred
S
Thousand
Dollars ($
1, 500, 000) for three
hundred
fifty
one ( 351) to
five
hundred  ( 500) wireless
sites;  Two
Million
Two
Hundred
Fifty
Thousand
Dollars ($ 2, 250, 000) for five hundred
one ( 501) to seven
hundred
fifty  ( 750)  wireless
sites;   and
Three
Million
Dollars
3, 000, 000) for
seven
hundred
fifty
one  ( 751)  to
one
thousand
1, 000) wireless
sites.  If the number
of Wireless
Provider' s wireless
sites
is
more
than
one thousand  (
1, 000), the
Three
Million
Dollar
3, 000, 000) letter of credit
shall
remain
in effect
and
the
letter of
credit for the wireless sites in excess of one thousand sites shall be
calculated
using the schedule
provided
in this subsection.
4. 6. 2
The
Town
will
determine
at
least
once
annually
if
the
number
of
Wireless
Provider' s
wireless
sites
that
are
licensed
require that the letter of credit be upgraded
to a higher amount.   If
Town
requires
a new letter of credit, it shall provide formal notice
in
writing
to
the
Wireless
Provider.    The
Wireless
Provider
must
provide
the new letter of credit within
45 days of receiving
written
notice.
4. 6. 3
The
letter
of
credit
is
a
security
deposit
for
Wireless
Provider's performance of all of its obligations under these Terms
within the Town of Fountain Hills.
0
4. 6. 4
The letter of credit shall meet the requirements listed on
Exhibit " B" attached
hereto.
22

4. 6. 5
Wireless Provider shall provide and maintain the letter of
credit during the entire term of the License Agreement as follows:
4. 6. 5. 1
Wireless
Provider
shall
cause
the
original
letter
of credit
to
be delivered
to Town' s Development
Services
Director.
4. 6. 5. 2
Wireless
Provider
shall
pay
all
costs
associated
with
the
letter
of credit,  regardless of the
reason
or manner
such costs are required.
4. 6. 5. 3
Within
ten  ( 10)  business
days
after
Town
gives Wireless Provider notice that Town has drawn on
the
letter
of credit,  Wireless
Provider
shall
cause
the
letter of credit to be replenished
to its prior amount.
4. 6. 6
Town
may draw on the letter of credit
upon any Event of
Default, and in the following circumstances whether or not they are
an Event of Default:
4. 6. 6. 1
Wireless Provider fails to cause the letter of
credit to be renewed, extended, 
increased
in amount
or
otherwise
maintained
as required
by these Terms.
4. 6. 6. 2
Wireless
Provider
fails
to
make
monetary
payments as required by these Terms.
4. 6. 6. 3
The
issuer
of
the
letter
of
credit
fails
to
immediately
honor
a
draft
on
the
letter
of
credit
or
otherwise repudiates or fails to honor the letter of credit.
4. 6. 7
Town shall also have such additional rights regarding the
letter
of
credit
as
may
be
provided
elsewhere
in
the
License
Agreement.
4. 7
Late Fees.  Any fee payable
under this Agreement
is deemed
paid only
when Town
actually
receives good
cash
payment. Should any fee not be paid
on
or before
the date due, a late fee shall be added to the amount due in the
amount of the greater of ten percent ( 10%) of the amount due, or One Hundred
Dollars  ($ 100. 00).  Furthermore,  any fee
that
is
not timely
paid
shall
accrue
simple interest at the rate of one and
one- half percent ( 1
1/
2 %) 
per month from
the date
the
amount
first
came
due
until
paid.  Wireless
Provider
expressly
agrees that the foregoing represent fair and reasonable estimates by Town and
Wireless
Provider
of Town' s
costs ( such
as
accounting,  administrative,  legal
and processing
costs, etc.) in the event of a delay
in payment of the fee. Town
shall
have
the
right
to
allocate
payments
received
from
Wireless
Provider
40, 
among Wireless Provider's obligations.
23

4. 8
Fee Amounts
Cumulative.   All amounts
payable
by Wireless
Provider
hereunder
or under any tax, assessment or other existing or future ordinance,
law or other contract
or obligations
to the Town of Fountain
Hills or the State of
Arizona
shall
be
cumulative
and
payable
in addition to each other payment
required
hereunder, and such
amounts
shall not be credited
toward, substituted
for, or setoff against each other in any manner.
5.       
USE RESTRICTIONS.
Wireless Provider' s use and occupation of the Use Areas shall in all respects conform
to all and each of the following cumulative
provisions:
5. 1
Permitted
Uses.   Wireless
Provider
shall
use the Use Areas
solely for
the Permitted
Uses and shall conduct
no other activity at or from the Use Areas
without Town' s prior written consent, which may be withheld in Town' s sole and
absolute discretion.
5. 2
Enclosure
Use.   Wireless Provider shall use the Enclosure solely for
locating
utility cabinets
and housing the Communications
Equipment
used for
the Antennas.
5. 3
Small Wireless
Facility.  Wireless Provider may install a Small Wireless
Facility, as defined
in A. R. S. 9- 591( 19), to be limited to:
5. 3. 1
All
antennas,  including the antenna' s exposed elements,
are located
inside
an enclosure
of not more than six ( 6) cubic feet in
volume, and
5. 3. 2
All other wireless
equipment
associated
with the facility
is
cumulatively
not more than twenty- eight ( 28) cubic feet in volume.
5. 3. 3.     
The following
ancillary
equipment
is
not
included
in
the
equipment
volume: electric
meter, concealment
elements, telecom
demarcation
box,  grounding
equipment,  power
transfer
switch,
cutoff switch, and vertical
cable runs.
5. 4
Communications
Operations
Restriction.      
Pursuant
to
A. R. S.   9-
592( F)( 3),  Wireless
Provider
shall
not
install,  operate,  or
allow
the
use
of
equipment, methodology
or technology that interferes or is likely to interfere with
the
optimum
effective
use
or
operation
of
Town' s
existing
or
future
fire,
emergency
or
other
communications
equipment,  methodology
or technology
i. e., voice or other data carrying, receiving
or transmitting
equipment).  If such
interference
should
occur,  Wireless
Provider
shall
immediately
discontinue
using
the equipment, methodology
or technology that causes the interference
until Wireless
Provider
takes
corrective
measures
to alter the Communications
Equipment
to eliminate
such interference. Any such corrective measures shall
be
made
at
no cost to Town. Wireless
Provider
shall
give to Town
advance
ti. r 
written
notice
containing
a
list of the
radio
frequencies
Wireless
Provider
is
24

using
at the Use Areas and shall give advance
written
notice to Town of any
change
in frequencies.
5. 5
Other
Equipment.    Wireless
Provider
shall
not
disturb
or
otherwise
interfere with any other antennas or other equipment Town or an authorized
third party may have already installed or may yet install upon the Street Parcel.
5. 6
Signs.  All signage is prohibited except in compliance with the following
requirements:
5. 6. 1
Wireless
Provider
shall
install
and
thereafter
maintain
the
following signs and other markings as reasonably determined
by
Town from time to time:
5. 6. 1.
1
All signs and markings required for safe use
of the Use Areas by Town, Wireless
Provider
and other
persons who may be at the Use Areas at any time for
any reason.
5. 6. 1. 2
Any
signage
Town
may
request
directing
parking, deliveries and other vehicles and other users to
comply with this License Agreement.
5. 6. 1. 3
Warning signs listing only Wireless Provider's
ID
name, permanent
business address, telephone
number,
emergency
telephone
number,  and
any
information
required
by law.
5. 6. 2
All
signage
not
expressly
allowed
by
these
Terms
is
prohibited.
5. 6. 3
The location, size, content
and
style
of each
sign
shall
be
subject to the provisions of the applicable sign ordinance and shall
comply with Town' s sign programs
as the same may change from
time
to
time.  Wireless
Provider
shall
update
signs,  at
Wireless
Provider' s
sole
cost
and
expense,  
as
required
to
comply
with
changes
in
the
applicable
sign
ordinance
and
Town' s
sign
programs.
5. 6. 4
Wireless
Provider
shall
design, make, install
and maintain
all
signage
in
a
first
class,  professional
manner
without
broken
panels, faded
or peeling paint or other damage.  Town reserves the
right to
require Wireless
Provider to install,  at Wireless Provider's
cost, new or updated signage if the existing signage is not compliant
with this Agreement.
5. 6. 5
Wireless
Provider
shall
bear
all
costs
pertaining
to the
L
erection,   installation,  operation,   maintenance,   replacement
and
removal
of all
signs including, but not limited
to, the application
for
25

and
obtaining
of
any
required
sign,  building
or
other
permits
regardless of the reason for any such activity, even if such activity is
required by Town pursuant to these Terms.
5. 6. 6
The
requirements
of
this
paragraph
apply
to
all
signs,
designs, 
monuments, decals, graphics, posters, banners, markings,
and other manner of signage.
5. 7
Wireless
Provider' s Lighting.    Except
for security
lighting
temporarily
operated
with
Town' s approval
from
time to time, Wireless Provider shall not
operate outdoor lights at the Use Areas.
5. 8
Noise.      Except
during
construction
permitted
under
the
License
Agreement
and
for
burglar
alarms
and
other
safety
devices,  outdoor
loud
speakers, sirens
or other devices for making
noise are prohibited. All equipment
shall be operated so that sound coming therefrom is compliant with Section 11-
1- 7 of the Town
Code
and
does
not exceed
the ambient
noise
level at the
boundary
of the Street
Parcel. The preceding sentence does not apply to use of
normal,  properly maintained
construction
equipment
used as permitted
by the
approved
License
Agreement
or permit
issued
to Wireless
Provider
by the
Town, to infrequent use of equipment that is as quiet or quieter than a typical
well
maintained
gasoline
powered
passenger
automobile,  to
use
of
an
air
conditioning
unit that is no noisier than a typical well maintained
residential
air
conditioning
unit.
5. 9
Limited
Access.   It is Wireless
Provider' s and not Town' s responsibility
to keep unauthorized
persons from accessing the Communications
Equipment
and the Exclusive
Areas.
5. 10
Standards
of Service.  Wireless
Provider
shall operate
the Use Areas
in
a
first- class
manner,  and
shall
keep
the Use Areas attractively maintained,
orderly, clean, neat and tidy at all times. Wireless
Provider shall not allow any
person or persons in or about the Use Areas related to Wireless Provider's
operations
who
shall
fail
to
be
clean,   courteous,   efficient
and
neat
in
appearance.
5. 11
Wireless
Provider' s Agent.  Wireless
Provider
shall at all times
retain
on
call
available
to
Town
by
telephone
an
active,  qualified,  competent
and
experienced
person to supervise
all activities upon the Use Areas and operation
of
the
Communications
Equipment.     
Wireless
Provider' s
agent
shall
be
authorized
to represent
and act for Wireless
Provider
in matters pertaining
to all
emergencies
and the day- to- day operation
of the Right- of-way and
all other
matters
affecting
a
License
Agreement
or
Encroachment
Permit.  Wireless
Provider
shall
also
provide
notice
to
Town
of
the
name,  street
address,
electronic
mail
address,  and
regular
and
afterhours
telephone
number
of
a
person to handle Wireless Provider' s affairs and emergencies
at the Right- of-
way.  Any
change
shall
be
given
in writing
to Town' s Development
Services
Director in the manner stated for notices required herein.
26

5. 12
Coordination
Meetings.   Wireless Provider shall meet with Town and
other Right-of-way users from time to time as requested by Town to coordinate
and
plan
construction
on
the
Use
Areas
and
all
matters
affected
by these
Terms.
5. 13
Toxic Substances.  
Wireless
Provider' s activities
upon
or about
the
Use
Areas
shall
be
subject
to
the
following
regarding
any
hazardous
or
toxic
substances, 
waste or materials or any substance now or hereafter subject to
regulation under the Comprehensive Environmental Response Compensation
and
Liability
Act,  42
U. S. C.  §§ 
9601,  et seq.,  the
Arizona
Hazardous
Waste
Management
Act, A. R. S. §§ 
49- 901, 
et seq., the
Resource
Conservation
and
Recovery
Act, 42 U. S. C. §§ 
6901, et seq., the Toxic Substances
Control Act, 15
U. S. C.  §§  
2601,  et
seq.,  or
any
other
federal,  state,  county,  or
local
law
pertaining
to
hazardous
substances,  
waste
or
toxic
substances
and
their
reporting
requirements ( collectively "Toxic Substances"):
5. 13. 1
Wireless
Provider
understands
the hazards
presented
to
persons,  property
and
the
environment
by
dealing
with
Toxic
Substances. Town
has
made
no warranties
as to whether
the
Use
Areas
contain
actual
or
presumed
asbestos
or
other
Toxic
Substances.
5. 13. 2
Within twenty- four ( 24) hours
after discovery
by Wireless
Provider
of any
Toxic
Substances,  Wireless
Provider
shall
report
tilar
such Toxic Substances
to Town
in writing. Within fourteen ( 14) days
thereafter,  Wireless
Provider
shall
provide
Town
with
a
written
report
of the nature
and extent of such toxic substances
found
by
Wireless
Provider.
5. 13. 3
Disturbance
of Toxic Substances.  Prior to undertaking
any
construction or other significant work, Wireless Provider shall cause
the
Use Areas
to be inspected
to prevent
disturbance
of potential
asbestos
or
other
Toxic
Substances.  
Prior
to
any
work
of any
description
that bears a material
risk of disturbing
potential
asbestos
or
other
Toxic
Substances,  
Wireless
Provider
shall
cause
the
contractor or other person performing such work to give to Town
written notice by the method described in these Terms to the effect
that the
person
will
inspect for Toxic
Substances, 
will
not disturb
Toxic
Substances,  and
will
indemnify,  defend
and
hold
Town
harmless against any disturbance in Toxic Substances in the course
of the contractor' s or
other
person' s work. Wireless
Provider
shall
cause
any
on- site
or
off- site
storage,   inspection,   treatment,
transportation,  disposal,  handling,  
or
other
work
involving
Toxic
Substances by Wireless Provider in connection with the Use Areas
to
be
performed
by
persons,   equipment,   facilities
and
other
resources
who
are
at
all
times
properly
and
lawfully
trained,
authorized,  licensed,  permitted and otherwise qualified to perform
such
services.  Wireless
Provider
shall
promptly
deliver
to Town
27

copies
of
all
reports
or
other
information
regarding
Toxic
Substances.
5. 14
Required
Operation.   During the entire term of the License Agreement
and
associated
Encroachment
Permit( s),  and
any
renewals
or
extensions
thereof,   Wireless
Provider
shall
actively
and
continuously
operate
the
Communications
Equipment twenty- four ( 24) hours
per day, seven ( 7) days per
week,  for
the
Permitted
Uses.  Notwithstanding
anything
contained
in
this
paragraph
to the contrary, the operation
requirements
of this paragraph
shall be
effective
commencing
on
the
completion
of
the
Project
and
shall
continue
through
the date the License
Agreement
terminates
or expires
for any reason.
In the event of relocation
of the Communications
Equipment or damage to the
Use
Areas
severe
enough
that
the
Communications
Equipment
cannot
reasonably
be
operated
during
repairs,  the
operation
requirements
of
this
paragraph
shall
be
suspended
during
the time
specified
by these Terms for
accomplishing
repair
of
such
damage
or
relocation
of the
Communications
Equipment.    Wireless
Provider
may
temporarily
cease
operating
the
Communications
Equipment
for short periods
necessary to test, repair, service
or upgrade the Communications
Equipment.   Notwithstanding the foregoing to
the contrary, any suspension
in operations, whether or not authorized
pursuant
to the License
Agreement, shall not serve to extend any Term of the License
Agreement.
5. 15
Actions
by Others.   Wireless
Provider
shall
be
responsible
to ensure
40
compliance with the License Agreement by all persons using the Right-of-way
through or under Wireless Provider.
6.       
WIRELESS
PROVIDER'
S IMPROVEMENTS.
All of Wireless Provider' s improvements
and other construction work whether or not
specifically
described
herein
upon or related to the Use Areas ( collectively " Wireless
Provider' s Improvements") shall comply with the following:
6. 1
Wireless
Provider' s Improvements.   
Wireless
Provider' s Improvements
include
without
limitation,  all
modification,  
replacement,  repairs,  installation,
construction,  
grading,  structural,  utility,  lighting,  
plumbing,  
sewer
or
other
alterations,   
parking
or
traffic
alterations,   
removal,   demolition
or
other
cumulatively
significant
construction
or similar work of any description
and all
installation or alteration of the Communications
Equipment.
6. 2
Zoning
and
Similar Approval
Process.   The zoning
processes, building
permit
processes,  
Right- of-way
management
policies
and
similar
regulatory
requirements that apply to Wireless Provider's Improvements are completely
separate
from the plans approval
processes
set forth
in these Terms.  Wireless
Provider' s
satisfaction
of
any
requirement
set
forth
these
Terms
does
not
substitute
for compliance
with
any regulatory
requirement. Wireless
Provider' s
satisfaction
of any regulatory
requirement
does
not substitute
for compliance
with
any
requirement
of
these
Terms.  Wireless
Provider
must
make
all
28

submittals
and
communications
regarding
the
requirements
of these Terms
through
Town' s
Development
Services
Director
and
not through
other staff.
Wireless
Provider
shall
be responsible
to directly
obtain
all necessary
permits
and approvals from any and all governmental or other entities having standing
or jurisdiction
over the Use Areas. Wireless Provider bears sole responsibility
to
comply with all stipulations and conditions that are required
in order to secure
such
rezoning
and
other approvals. Notwithstanding anything in this paragraph
to the contrary, to the extent regulatory requirements
and requirements of these
Terms
are
identical,  compliance
with
regulatory
requirements
shall
constitute
compliance with these Terms and vice versa.
6. 2. 1
Batching
Sites for Approval.  Only sites that do not have a
new
or
a replacement
pole
required
for the
antennas, and
do
not
have any underground
cables, conduit, and foundations, 
are eligible
for batch processing of the applications.
6. 3
Relationship
of
Plans
Approval
to
Regulatory
Processes.    Wireless
Provider' s submission of plans under these Terms, Town' s approval of plans for
purposes
of these
Terms,  and
the
plans
approval
process
herein
shall
be
separate
and
independent of all development, zoning, design
review
and other
regulatory
or similar
plans submittal
and
approval
processes, all of which
shall
continue
to apply
as provided
under state law, in addition to the requirements of
these Terms
and
its approvals. BUILDING
PERMITS, ZONING
CLEARANCES,
OR
ANY
OTHER
GOVERNMENTAL
REVIEWS
OR
ACTIONS
DO
NOT
O
CONSTITUTE
APPROVAL
OF
ANY
PLANS
FOR
PURPOSES
OF
THE
LICENSE
AGREEMENT.
6. 4
Town' s Fixtures
and Property.  Wireless
Provider
shall not remove, alter
or damage
in any way any improvements
or any personal
property of Town
upon the Use Areas without Town' s prior written approval. In all cases, Wireless
Provider will repair any damage or other alteration to Town' s property caused by
Wireless
Provider
or its contractors, employees
or agents to as good or better
condition
than existed
before the damage
or alteration.
6. 5
Design
Requirements.     All
Wireless
Provider' s
Improvements
shall
comply with the following
design requirements:
6. 5. 1
All Wireless Provider's Improvements shall be contained
entirely
within
the
Use
Areas
and
without
any encroachment
or
dependence
upon
any
other
property,  except for permitted
utility
service.
6. 5. 2
Any changes to utility facilities shall be strictly limited to the
Use Areas, shall not affect utilities
used
by Town or any authorized
users thereof, and shall
be undertaken
by Wireless
Provider
at its
sole cost and expense.
6. 5. 3
The Antennas and other Communications
Equipment
shall
be properly designed, installed and maintained so as not to create a
29

risk of damage
to the Pole, to persons or property
upon or using the
Street Parcel or Town' s other property.
6. 5. 4
To
the
extent
requested
by
Town,  Wireless
Provider' s
plans shall include a description of construction
methods employed
to address environmental issues affecting or affected by the Use
Areas
and
protect
other
facilities
at
the
Street
Parcel
and
surrounding
properties.
6. 5. 5
All specifications
set forth
in the Town
of Fountain
Hills' s
Design
Standards
for Small Wireless
Facilities
in the Right- of-Way,
attached
here to as Exhibit " A."
6. 6
Approval
Required.  Wireless
Provider shall not construct
any Wireless
Provider' s Improvements (
including
work on adjacent public lands, if applicable)
without
having
first
received
an
executed
License
Agreement,  written
plans
approval from Town and any and all permits deemed necessary by the Town.
Such
consent
requirement
shall
apply
to
all
improvements,   furnishings,
equipment,   fixtures,   paint,   wall
treatments,   utilities
of
every
description,
communications
cabling
and
other
construction
work
of
any
description
as
described
in all plans heretofore
or hereafter
delivered
by Wireless
Provider
to
Town. Such consent requirement does not apply to work to the Communications
Equipment
confined
completely
inside the Enclosure
and not visible, audible, or
otherwise discernible outside the Enclosure.
6. 7
Effect
of Plans
Approval.   Wireless
Provider
shall
submit
engineering
and
construction
plans to the Town for review and approval.  Town' s approval
of
plans submitted
shall be for purposes of these Terms only and shall constitute
irrevocable approval ( but only at the level of detail of the applicable stage of the
review process) of the matters
plainly
shown
on the plans approved. Town shall
not reject subsequent plans to the extent the matter to which Town objects was
plainly
shown
on
plans
previously
approved
by Town.  However, Town
is
not
precluded
from objecting
to matters not previously
approved, changes to plans,
matters
not previously
clearly
disclosed
on approved
plans, or
refinements
or
implementation
of matters
previously
approved.
6. 8
Plans
Required.   Wireless Provider's design of all Wireless Provider's
Improvements
shall
occur
in
three
stages
culminating
in
final
working
construction
documents
for the Wireless
Provider' s Improvements (
the " Final
Plans"). The three
stages
are, in order of submission and in increasing order of
detail, as follows:
6. 8. 1
Conceptual
plans
showing
the general
layout,  locations,
elevations,    
configuration,    and
capacities
of
all
significant
improvements,  topographical
features,  pedestrian
and
vehicular
ways,  buildings,  utilities,  and
other features
significantly
affecting
the
appearance, 
design, function or operation of each element of
Wireless Provider's Improvements.
30

6. 8. 2
Preliminary
plans
showing
all
surface
finishes
and
treatments, finished elevations, general internal and external design
including
without
limitation
colors,   textures
and
materials),
mechanical,  communications,  electrical,  plumbing and other utility
systems,  building
materials,  landscaping
and
all
other
elements
necessary
prior
to
preparation
of
final
working
construction
documents and showing compliance with all requirements of these
Terms. The preliminary plans shall show all detail necessary prior to
preparation of Final Plans.
6. 8. 3
Final
Plans.    In
addition
to
the
information
that
Town
required
for Preliminary
plans, the
Final
Plans
shall
include
a title
report
for
the
Use
Area
and
the
Shared
Use
Area,  engineering
design
documents
for the
pole
foundation,  pole structural design,
and
other
generally
required
engineering
specifications
for
construction
drawings
or "CD" plans for permits.
6. 9
Approval
Process.    The
following
procedure
shall
govern
Wireless
Provider' s
submission
to
Town
of
all
plans
for
Wireless
Provider's
Improvements,   including
any
proposed
changes
by
Wireless
Provider
to
previously approved plans:
6. 9. 1
All
plans
Wireless
Provider
submits
under
these
Terms
shall
show
design,   appearance,   
capacity,   views,   and
other
information reasonably deemed necessary by Town for a complete
understanding
of
the
work
proposed,   all
in
detail
reasonably
deemed appropriate by Town for the level of plans required herein.
6. 9. 2
Wireless
Provider shall deliver all plans submissions for
non- regulatory
approvals
required
herein
directly
to
Town' s
Development
Services
Director
and
shall
clearly
label
the
submissions
to
indicate
that they
are
submitted
pursuant
to the
Terms and not for building
permits, zoning
or other approvals.  Each
submittal
of
plans
by
Wireless
Provider
for
Town' s
review
shall
include
five  ( 5)  complete
sets
of
the
plans
on
paper
and,  if
requested, two ( 2) copies of the plans in electronic form.
6. 9. 3
All
construction
plans
shall
be
prepared
by
qualified
registered
professional
engineers.
6. 9. 4
Town
and
Wireless
Provider
shall
endeavor
to
resolve
design
and
construction
issues
to their mutual
satisfaction
but,  in
the event of an impasse for any
reason
or however
arising, in light
of Town' s ownership
and
other
uses
of the Use Areas,  and
as
a
condition of Town' s entering
into a License Agreement
or issuing an
Encroachment
Permit, final
decision
authority
regarding
all design
and construction issues shall rest with Town.
31

6. 9. 5
All Wireless
Provider' s Improvements
shall comply with all
requirements
of law, any applicable
insurance contracts
and these
Terms.
6. 10
Cost
of
Wireless
Provider
Improvements.     All
Wireless
Provider' s
Improvements
shall
be
designed
and
constructed
by
Wireless
Provider
at
Wireless
Provider' s
sole
cost
and
expense,  including
without
limitation
any
alteration
or
other
change
to
Town' s
equipment
or
other
improvements
or
property
that may
occur.   In no event shall Town be obligated to compensate
Wireless Provider in any manner for any of Wireless Provider' s Improvements
or other work provided by Wireless Provider during or related to the term of any
approved License
Agreement
and
Encroachment
Permit( s). Wireless
Provider
shall
timely
pay for
all
labor,  materials,  work,  and
all
professional
and
other
services
related
thereto
and
shall
pay,  protect,  indemnify,  defend
and
hold
harmless
Town and Town' s employees, officers, contractors
and agents against
all claims related
to such
items. Wireless Provider shall bear the cost of all work
required
from
time
to
time
to
cause
the
Use
Areas
and
Town' s
adjoining
property ( if directly
affected
by Wireless
Provider' s work) to comply with local
zoning
rules, the Americans with Disabilities
Act, building codes and all similar
rules,  regulations
and
other
laws
if such
work
is
required
because
of work
performed
by Wireless
Provider, by Wireless Provider' s use of the Use Areas,
or by any exercise of the rights granted to Wireless Provider under this License
Agreement or associated Encroachment Permit( s).
6. 11
Improvement
Quality.  Any and all work performed on the Use Areas by
Wireless
Provider
shall
be performed
in
a
workman- like
manner
meeting9
or
exceeding
the best
practices
of
similar
facilities
in Maricopa
County, Arizona,
and
shall
be
diligently
pursued
to
completion
and
in
conformance
with
all
building
codes and
similar
rules. All of Wireless Provider's Improvements shall
be
high
quality,  safe,  fire
resistant,  modern
in
design,  and
attractive
in
appearance,  all as approved
by Town through the plans approval processes
described
in these
Terms
in
addition
to
any
zoning,  building
code
or
other
regulatory
processes
that may apply.
6. 12
Ownership
of
Wireless
Provider' s
Improvements.      All
Wireless
Provider' s Improvements (
including
without
limitation
poles
and
lights) except
the Communications Equipment shall be and become part of the real property of
Town as the same is constructed
or installed.
6. 13
Damage
During
Work.   Upon performing
any work upon the Right- of-
way, Wireless Provider shall simultaneously restore the Right-of-way to its prior
condition, as directed
by Town and
repair any holes, mounting
surfaces
or other
damage
whatsoever
to the Right- of-way. Such
work
shall
include
revegetation
and appropriate
irrigation
systems for revegetated
areas.
6. 14
Replacement
Pole.   If Town approves
a Wireless
Provider
proposal
to
install
Antennas
on
a
Town
owned
pole,  then
in
addition
to
the
other
40
requirements, the following
shall apply:
32

6. 12. 1
Wireless
Provider
shall
provide
and
deliver
to
Town
a
replacement
pole,  including
mast
arm,  so
that
a
replacement
is
immediately available to Town in case the original pole is damaged.
6. 12. 2
If Town
uses
a replacement
pole, then Wireless
Provider
shall provide another replacement
pole.
6. 12. 3
Upon
installation
of
a
replacement
pole,  the
Town
will
determine
if the original
pole, mast arm( s), signal
head( s), and light
fixture( s)  shall
be
delivered
by
Wireless
Provider
to
the
Town' s
Corporation
Yard
or if the Wireless
Provider
shall
dispose
of the
original
pole, mast arm, signal
head
and light fixture.
6. 12. 4
All performance under this paragraph shall be at Wireless
Provider' s
expense.   Town
owns
the
original
pole
and
all
replacement poles.
6. 15
Coordination
with Encroachment
Permit.  The Street Parcel is located in
Town' s public street Right-of-way. Wireless Provider shall obtain encroachment
permits at Wireless Provider' s expense as follows:
6. 15. 1
Wireless
Provider shall perform
no construction
work in the
Right- of-way
without
obtaining
from
Town
a
permit
giving
permission to work in the Right- of-way.
6. 15. 2
Wireless
Provider
shall
not alter
or modify
its antennas,
wireless equipment or any improvements without submitting plans
or drawings of the proposed alteration or modification to Town and
obtaining approval from Town' s Development Services Director.
6. 15. 3
Wireless
Provider
shall
not perform
any work on its own
antennas
or wireless
equipment
without first obtaining
from Town an
encroachment
permit giving
it permission
to work in the Right- of-
way.
6. 15. 4
Wireless
Provider
shall not in any way obstruct
pedestrian
or
vehicular
traffic
within
the
Right- of-way
without
first
obtaining
from Town a permit giving permission
to obstruct traffic.
6. 16
Time
for
Completion.       
Wireless
Provider
shall
diligently
and
expeditiously pursue to completion the construction of all approved Wireless
Provider' s Improvements. 
Wireless Provider shall complete construction of all
Wireless Provider' s Improvements
no later than one hundred
eighty ( 180) days
of permit issuance unless Town and Wireless Provider agree to extend this
period
or a delay is caused
by a lack of commercial
power at the site.  If Town,
in
its
sole
examination
of the
construction
activity
at
a
site,  determines
that
Wireless
Provider
has not substantially
performed
construction
at a site within
11, 
one hundred
eighty ( 180) days of the permit issuance date, Town may require
the Wireless Provider to cease construction and resubmit the site for approval.
33

6. 17
Construction
Notification.      
Town
may
establish
requirements
for
notification of nearby residents and property owners prior to construction.
6. 18
Work
Time
and
Manner
Restrictions.    
All
installation,  
construction,
maintenance, inspection, repair and other work of any kind shall be done in a
manner
that
does
not
disrupt
traffic  ( except
in
compliance
with
appropriate
permits) or nearby
land
uses. Without
limitation,  such
work
shall
be
done
in
compliance
with
applicable
Town
policies
and
directions
from
time
to
time,
taking
into account
the various
sensitivities
of traffic, tourism, events, adjoining
land
uses, other
Right- of-way
uses, and
all other
needs
and
concerns
that are
likely to be affected by Wireless Provider' s work.
7.
RF SAFETY FOR TOWN' S EMPLOYEES.
Prior to performing any work on a wireless site in the Right- of-way, an employee or
authorized agent of the Town will contact Wireless Provider' s Network Operations
Center ( the NOC") whose information shall be located on the ground equipment or on
the pole.  The Town' s employee or agent shall identify himself or herself as an
employee
or agent of Town and the need for the RF to be turned
off at the site for a
specified period to perform
maintenance
or repair work at the site.  Upon completion
of the work, the Town' s employee shall contact the NOC and inform them that the site
may activate the RF signals.
Furthermore, 
as Town' s employees, agents, and representatives
must have
uninterrupted and safe access to the Right-of-way and all structures located thereon,
Wireless Provider must comply with at least one of the following safety protocols:
7. 1
Provide
access to
a " kill
switch" for each wireless site that the Town' s
employees,  agents,  or
representatives
can
use
to
turn
off
all
power to the
Wireless
Provider' s Facilities while Town' s work is performed
at the location.
7. 2
Within
24 hours
of
a request,  agree to send a technician with an RF
monitor to confirm that all RF emitting
equipment has, in fact, been deactivated,
and to install all appropriate lockout tags and devices.
8.       
MAINTENANCE
AND UTILITIES.
Except as expressly provided below, Wireless Provider shall be solely responsible for
all maintenance, repair and utilities for the Use Areas during the term of an approved
License Agreement
and associated Encroachment
Permit( s). Without limitation, Wireless
Provider shall perform the following:
8. 1
Maintenance
by Town. Town
has no maintenance
or repair obligations
for the Communications
Equipment or other Wireless Provider' s Improvements.
34

8. 2
Maintenance
by Wireless
Provider.  Wireless Provider shall at all times
repair and maintain the Use Areas at Wireless Provider's sole expense in a first-
class,  sound,  clean,  safe
and
attractive
manner,  meeting
or exceeding
the
manner
of maintenance
at first class comparable
facilities
in Maricopa
County,
Arizona,   as
determined
in
Town' s
reasonable
discretion.  
The
preceding
sentence
does
not
require
Wireless
Provider
to
repair
or
maintain
Town' s
facilities at the Use Area unless such work is attributable in whole or in part to
Wireless Provider' s use of the Use Areas.
8. 3
Utility Service.  Wireless Provider shall contract for and pay all charges,
fees, deposits and other amounts for electricity and telephone and other data
communication
service
to
the
Use
Areas
at
the
rates
applicable
thereto.
Wireless
Provider shall
use no other
utilities at the Use Areas, unless
otherwise
authorized
by Town.
8. 4
Utility
Interruptions.    Town
is
not responsible for any interruption of
utilities to or upon the Use Areas or other difficulties
related to utilities at the Use
Areas.
8. 5
Right
of Inspection.   Town shall be entitled to inspect all construction,
reconstruction
or
installation
work
and
to
make
such
tests
as
it
deems
necessary
to ensure compliance
with the terms herein and any applicable
laws
and
regulations. All Town
plans
reviews, inspections, standards
and other rights
and actions with
relation
to Wireless
Provider' s Improvements
are for Town' s
sole and exclusive
benefit and neither Wireless
Provider
nor any other person
shall rely thereon
or have
any
rights
related
thereto. The preceding
sentence
does
not
prevent
Wireless
Provider
from
relying
on
consents,  permits
or
approvals
Town
may grant
based
on Town' s plans,  reviews, and
inspections.
This right of access
is in addition to access rights for Town inspectors
or other
employees and officers acting within their legal authority.
8. 6
Construction
Notification.      
Town
may
establish
requirements
for
Wireless Provider to notify nearby residents prior to construction.
8. 7
Blue
Stake.   Wireless Provider shall register with and comply with the
local Blue Stake program.
9.
BREACH BY WIRELESS
PROVIDER.
Wireless
Provider shall comply with, perform and do each obligation required of
Wireless Provider herein and shall cause all persons using the Use Areas through or
under Wireless Provider or these Terms to do the same. Wireless Provider' s failure to
do so shall be a material breach by Wireless Provider of these Terms.
9. 1
Events of Default.  All License Agreements
and Encroachment
Permits
are
approved
upon
the
condition
that
each
and
every one of the following
events
herein
shall
be deemed
an " Event
of Default" by Wireless Provider of
Wireless
Provider' s material obligations
under these Terms:
35

9. 1.
1
If Wireless Provider shall be in arrears in the payment of
Use Fee and shall not cure such arrearage within ten ( 10) days after
Town has notified Wireless Provider of such arrearage.
9. 1. 2
If
Wireless
Provider
shall
fail
to
operate
the
Communications
Equipment   ( except
during
specific
periods
expressly
excused herein) for a period
of five ( 5) consecutive
days
or a total of thirty ( 30) days within any twelve ( 12) month period.
9. 1. 3
If Wireless
Provider
shall
fail
to
maintain
any
insurance
required
under
these
Terms.   Notwithstanding
the
preceding
sentence, such
failure
shall
not be
a default
if, within ten ( 10) days
after
notice
from
Town,  Wireless
Provider
provides
to
Town
the
required
insurance
and
the
required
evidence
thereof.   Such
insurance must cover the past for a period adequate that there is no
gap in the insurance coverage required by these Terms.
9. 1. 4
If the Wireless
Provider' s right to use a Utility Pole expires
or is terminated
for any reason.
9. 1. 5
If Wireless
Provider
does
not
commence
and
diligently
pursue to completion each required stage of construction of the site
within the times required
herein. The times specified for concluding
40
each
stage
of
required
construction
have
been
established
far
enough
in advance, and have taken into account the likelihood of
construction
delays, so that no cure period
is provided.
9. 1. 6
If Wireless
Provider
shall
be the subject
of a voluntary
or
involuntary
bankruptcy,    
receivership,    
insolvency
or
similar
proceeding
or if any assignment
of any of Wireless
Provider' s or
such
other
person' s
property
shall
be
made
for
the
benefit
of
creditors or if Wireless
Provider or such other person dies or is not
regularly
paying
its debts
as they come due ( collectively
a " Wireless
Provider Insolvency").
9. 1. 7
If the issuer of any letter of credit shall fail for any reason
to timely
and fully honor any request
by Town for funds or other
performance
under
the
instrument
and Wireless
Provider fails to
cause the issuer, or some
other person, to honor the request within
ten  ( 10)  days
after
Town
notifies
Wireless
Provider
that
such
request has not been honored.
9. 1. 8
If Wireless
Provider shall fail to obtain or maintain
any
licenses, permits, or other governmental approvals pertaining to the
Right- of-way or timely pay any taxes pertaining
to the Right- of-way
and does not cure such failure
within thirty ( 30) days.
0
36

9. 1. 9
If
Town
shall
be
exposed
to
any
liability,  
obligation,
damage, cost, expense, or other
claim of any description, 
whether
or not asserted, unless Wireless
Provider gives immediate
notice to
Town of Wireless
Provider' s commitment
to indemnify, defend
and
hold
Town
harmless
against
such
claim,  and
Wireless
Provider
does
in fact promptly
commence
and
continue
to indemnify, defend
and hold Town harmless against such claim.
9. 1. 10
If Wireless Provider shall fail to meet its obligations under
the RF Safety Paragraph.
9. 1. 11
If Wireless Provider shall engage in a pattern of repeated
failure ( or neglect) to timely do or perform or observe any provision
contained herein. After Town has once given notice of any failure by
Wireless Provider to comply with its obligations set forth in these
Terms, the following shall constitute a repeated failure by Wireless
Provider to comply with such provision:
h. 9. 1. 11. 1 Another failure to comply with any provision of these
Terms during the following thirty ( 30) day period.
i.  
9. 1. 11. 2 Three ( 3) or more failures
to comply with any provision
of these Terms during
any ninety ( 90) day period.
410
j.  9. 1. 11. 3
Six ( 6) or more failures to comply with any provision of
these Terms during any twelve ( 12) month period.
9. 1. 12
If Wireless
Provider
shall
fail to or neglect
to timely
and
completely
do or perform
or observe
any other provisions
herein
and
such failure
or neglect shall
continue for
a period
of thirty ( 30)
days
after Town
has
notified
Wireless
Provider
in writing
of such
failure or neglect.
9. 2
Town' s Remedies.   Upon the occurrence of any Event of Default or at
any time thereafter, Town
may, at its option
and from time to time, exercise
at
Wireless
Provider' s
expense
any or all or any combination
of the following
cumulative remedies in any order and repetitively at Town' s option:
9. 2. 1
Terminate
the
License
Agreement
or
any
or
all
Encroachment Permits due to Wireless Provider' s breach or for any
other
reason,   however,   such
termination
does
not
terminate
Wireless
Provider' s obligations
arising during the time simultaneous
with
or prior to or the termination, and in no way terminates any of
Wireless Provider' s liability related to any breach of these Terms.
9. 2. 2
Pay
or
perform,   for
Wireless
Provider' s
account,   in
Wireless
Provider' s name, and at Wireless
Provider' s expense, any
or all payments
or performances
required
hereunder
to be paid or
performed by Wireless Provider.
37

9. 2. 3
Abate
at
Wireless
Provider' s
expense
any
violation
of
these Terms.
9. 2. 4
Notwithstanding
anything
under
these
Terms
to
the
contrary,  unilaterally and without Wireless Provider' s or any other
person' s consent
or approval,  draw
upon,  withdraw
or
otherwise
realize
upon
or obtain
the
value
of any
letter of credit,  escrowed
funds, insurance policies, or other deposits, sureties, bonds or other
funds or security held by Town or pledged or otherwise obligated to
Town
by Wireless
Provider
or by any
third
party ( whether
or not
specifically
mentioned
herein) and use the proceeds for any remedy
permitted by these Terms.
9. 2. 5
Require an additional security deposit adequate in Town' s
sole discretion to protect Town and the Right- of-way.
9. 2. 6
Require that the Wireless Provider remedy any and all
violations and pay any and all outstanding
fees in full ( before
accepting applications for new Encroachment
Permits).
9. 2. 7
Assert, exercise or otherwise
pursue at Wireless
Provider' s
expense
any and all other rights
or remedies, legal
or equitable, to
which
Town
may
be
entitled,  subject
only to the
limitation
set out
40
below on Town' s ability to collect
money damages
in light of the
Violation Use Fee.
9. 3
Violation
Use
Fee.   Wireless
Provider and Town
agree that Wireless
Provider' s failure to comply with the provisions
herein will result in damages to
Town, including
but not limited
to expenses
related to administrative
costs, staff
time, field work and
inspections, legal
services, etc.  Wireless Provider's failure
to comply with the provisions herein will result in damages in an amount that is
and will
be impracticable
to determine. Therefore, the parties have agreed that
Wireless Provider shall pay the Violation Use Fee set out below in accordance
with the following ( the " Violation
Fee Provisions"):
9. 3. 1
Violation
Use
Fee
is only
intended
to remedy
damages
that Town
suffers
because
of Wireless
Provider' s
breach
of this
Agreement. Wireless Provider' s payment of Violation Use Fee does
not in any way excuse any breach by Wireless Provider of these
Terms
or
limit
in
any
way
Town' s
obtaining
any
other
legal
or
equitable remedy provided by these Terms or otherwise for such
breach. For example, Wireless
Provider' s obligation
to pay Violation
Use
Fee
does
not
in
any way
detract
from
Wireless
Provider' s
indemnity and insurance obligations under these Terms, which shall
apply
according
to their terms
in
addition
to Wireless
Provider' s
obligation to pay Violation Use Fee.
38

9. 3. 2
Town may elect to draw upon the letter of credit to collect
the Violation
Use Fee.
9. 3. 3
The
Violation
Fee
Provisions
and
the
amount
of
the
Violation Use Fee per day or part thereof are as follows:
9. 3. 3. 1
The
amount
of
Six
Hundred
Dollars
600. 00)  per
day
for
Wireless
Provider' s
failure
to
properly
restore
the
public
Right- of-way
or to correct
related
violations
of
specifications,  code,  ordinance
or
standards
within
ten  ( 10)  business days after Town's
notice to correct such defects. Such
Violation
Use
Fee
shall
be in addition
to any cost the Town
may incur to
restore the Right- of-way or correct the violation.
9. 3. 3. 2
The
amount
of
Five
Hundred
Dollars
500. 00) per instance of any other action or non-action
by the Wireless Provider contrary to these Terms herein
and
that
is
not
cured
after
three  ( 3)  business
days'
notice.
9. 3. 4
Violation Use Fees shall be assessed as follows:
9. 3. 4. 1
If Town
determines
that Wireless
Provider
is
0
liable
for Violation
Use
Fee,  then
Town
shall
issue
to
Wireless
Provider
a
notice
of
Town' s
assessing
a
Violation
Use
Fee. The
notice
shall
set forth
the
nature
of the violation
and the amount
of the assessment.
9. 3. 4. 2
Wireless Provider shall pay the Violation Use
Fee within ten ( 10) days after Town' s notice. However, if
the Violation Use Fee amount exceeds Five Thousand
Dollars ($ 5, 000), then the following
shall apply:
9. 3. 4. 2. 1
Wireless
Provider shall have thirty ( 30)
days after the notice to pay the Violation
Use Fee or give Town notice contesting
the assertion
of noncompliance.
9. 4
Reimbursement
of Town' s Expenses.   Wireless
Provider
shall
pay to
Town
within
thirty  ( 30)  days
after
Town' s
demand
any
and
all
amounts
expended
or incurred
by Town
in performing
Wireless
Provider' s obligations
upon Wireless Provider' s failure to perform the same after notice from Town)
together with
interest
thereon at the
rate of twelve percent ( 12%) per annum
from the date expended
or incurred
by Town.
0
10.      
BREACH BY TOWN.
39

Notwithstanding anything in these Terms to the contrary, if Town at any time is
required
to pay to Wireless
Provider any amount
or render any performance, such
amount or performance is not due until thirty ( 30) days after notice by Wireless
Provider to Town that the amount has become payable or that the performance is
due. In the event a cure cannot be effected during that period, Town shall not be in
default so long as Town commences
cure during the period and diligently prosecutes
the cure to completion
provided
such cure must be completed
within sixty ( 60) days
after the notice.
10. 1
Right to Setoff
and
Credit.   In addition to its other rights and remedies
Town shall have the right to setoff and credit from time to time and at any time,
any and all
amounts
due from Wireless
Provider
to Town, whether pursuant
to
these Terms
herein
or
otherwise,  against
any
sum
which
may be due from
Town to Wireless Provider.
11.      
NON- WAIVER.
Wireless Provider acknowledges
Wireless Provider' s unconditional
obligation to
comply with these Terms herein.  No failure by Town to demand any performance
required
of Wireless
Provider
under these Terms herein, and no acceptance
by Town
of any imperfect
or partial performances under these Terms herein, shall excuse such
performance
or impair in any way Town' s ability to insist, prospectively and
retroactively, upon full compliance with these Terms herein. No acceptance
by Town
of Use Fee payments or other performances
hereunder shall be deemed
a
compromise
or settlement
of any right Town may have for additional, different
or
further payments or performances
as provided for in these Terms. Any waiver by
Town of any breach of condition or covenant herein contained to be kept and
performed
by Wireless Provider shall not be deemed or considered
as a continuing
waiver and shall not operate to bar or otherwise prevent Town from declaring a
default for any breach or succeeding or continuing breach either of the same condition
or covenant or otherwise. No statement, bill or notice by Town or Wireless
Provider
concerning payments or other performances due hereunder, or failure by Town to
demand any performance hereunder, shall excuse Wireless Provider from compliance
with its obligations
nor estop Town ( or otherwise
impair Town' s ability) to at any time
correct such notice and/ or insist prospectively and retroactively upon full compliance
with the License Agreement.  No waiver of any description ( INCLUDING ANY
WAIVER
OF THIS SENTENCE OR PARAGRAPH) shall be effective against Town
unless made in writing by a duly authorized representative of Town specifically
identifying the particular provision being waived and specifically stating the scope of
the waiver. WIRELESS PROVIDER EXPRESSLY DISCLAIMS AND SHALL NOT
HAVE THE RIGHT TO RELY ON ANY SUPPOSED WAIVER OR OTHER CHANGE
OR MODIFICATION, WHETHER
BY WORD
OR CONDUCT
OR OTHERWISE, 
NOT
CONFORMING
TO THIS PARAGRAPH.
12.      
TERMINATION.
40

The following provisions shall apply at the expiration of the term or earlier termination
of each License Agreement and Encroachment
Permit:
12. 1
Surviving
Obligations.  
Expiration or termination of a License Agreement
or
Encroachment
Permit
does
not
terminate
Wireless
Provider' s
obligations
existing
or
arising
prior
to
or
simultaneous
with,  or
attributable
to,  the
termination
or events leading to or occurring
before termination.
12. 2
Delivery
of Possession.   Wireless Provider shall cease using the Use
Areas
associated
with
the
expired
or
terminated
License
Agreement
or
Encroachment
Permit. Wireless
Provider
shall, without demand, peaceably and
quietly quit and
deliver
up the Use Areas to Town thoroughly
cleaned, in good
repair with the Use Areas
maintained
and
repaired
and
in as good
order and
condition, reasonable
use and
wear excepted, as the Use Areas
now are or in
such better condition as the Use Areas may hereafter be placed.
12. 3
Confirmation
of
Termination.     
Upon
expiration
or
termination
of
a
License Agreement
or Encroachment
Permit for any reason, Wireless
Provider
shall provide to Town
upon demand
recordable
disclaimers
covering
the Use
Areas
executed
and
acknowledged
by Wireless
Provider
and
by all persons
claiming
through
this
License
Agreement,  Encroachment
Permit
or Wireless
Provider any interest in or right to use the Use Areas.
12. 4
Removal
of
Improvements.      
Wireless
Provider
shall
remove
all
Communications Equipment and restore the Use Areas including Utility Pole,
mast arms, luminaires, or wireless support structure to its prior condition, or to a
condition
matching
Town' s surrounding
land
and
improvements, as directed
by
Town, at Wireless Provider' s expense prior to normal expiration of the term of a
License Agreement
or Encroachment
Permit; or within sixty ( 60) days after early
termination of a License Agreement or Encroachment
Permit. Without limitation,
such
work
shall
include
revegetation
and
appropriate
irrigation
systems
for
revegetated
areas.  Notwithstanding
anything
in
the License Agreement and
these Terms to the contrary, Town
may elect to require
Wireless
Provider
to
leave
any
or
all
construction
or
other
items  ( except
the
Communications
Equipment) in place, and
all such
items shall be owned
by Town. Unless
Town
directs
otherwise, 
all wiring, pipes and conduits shall be left in good and safe
condition,  in working
order,  with
each
end
properly
labeled
and
enclosed
in
proper junction boxes.
12. 5
Prior
Improvements.  
This article also applies
to any improvements
that
Wireless Provider may have made to the Use Areas.
13.      
INSURANCE.
During the entire term of any License Agreement or Encroachment Permit, Wireless
Provider shall insure its property and activities at and about the Use Areas and shall
provide insurance and indemnification
as follows:
41

13. 1
Insurance
Required.  Not later than the date of this License Agreement,
and at all times thereafter when Wireless Provider is occupying or using the Use
Areas
in any way, Wireless
Provider shall obtain and cause to be in force and
effect the following
insurance:
13. 1.
1
Commercial
General
Liability.  Commercial
general
liability
insurance
with
a
limit
of
Ten
Million
and
No/ 100
Dollars
10, 000, 000. 00) for
each
occurrence,  a
limit
of Ten
Million
and
No/ 100
Dollars   ($ 10, 000, 000. 00)   for
products
and
completed
operations
annual aggregate, and a limit of Ten Million and No/ 100
Dollars  ($ 10, 000, 000. 00)  general
aggregate
limit
per
policy
year.
The
policy
shall
cover
liability
arising
from
premises,  operations,
independent
contractors, 
products, completed
operations, personal
injury,  bodily
injury,  advertising
injury, and liability assumed under
an " insured
contract" including
this License
Agreement. The policy
will cover Wireless
Provider' s liability under the indemnity
provisions
set forth
in these Terms. The
policy
shall
contain
a " separation
of
insured' s" clause.
13. 1. 2
Automobile
Liability.   Automobile
liability
insurance
with
a
limit
of
One
Million
Dollars  ($
1, 000, 000)  for
each
occurrence
covering
any
and
all
owned,   hired,   and
non- owned
vehicles
assigned
to
or
used
in
any
way
in
connection
with
Wireless
Provider' s
use
of
the
Right- of-way.   Without
limitation,   such
insurance shall cover hazards of motor vehicle use for loading and
off loading.
13. 1. 3
Workers'  Compensation.    Such
workers'  compensation
and similar insurance as is required by law and employer's liability
insurance with a minimum limit of One Hundred Thousand Dollars
100, 000)  for
each
accident,  One
Hundred
Thousand
Dollars
100, 000)  disease
for
each
employee,  Five
Hundred
Thousand
Dollars  ($ 500, 000)  policy
limit
for
disease.  All
contractors
and
subcontractors
must provide like insurance.
13. 1. 4
Special
Risk Property.   Unless waived
by Town
in writing,
all risk property insurance
covering damage to or destruction
of all
real
and
personal
improvements
to
the
Right- of-way,  including
without limitation, all improvements existing upon the Right-of-way
prior
to
this
License
Agreement
or
hereafter
constructed
in
an
amount
equal
to full
replacement
cost of all
such
improvements.
Such
insurance
shall
be
special
causes
of
loss
policy
form
minimally
including
perils
of fire,  lightning,  explosion,  windstorm,
hail, smoke, aircraft, vehicles, riot, civil commotion, theft, vandalism,
malicious
mischief,  collapse
and
flood).  Coverage
shall
include
pollutant
clean
up
and
removal
with
minimum
limits coverage of
Fifty- Thousand
Dollars ($ 50, 000. 00).
42

13. 1. 5
Other
Insurance.      
Any
other
insurance
Town
may
reasonably
require
for
the
protection
of
Town
and
Town' s
employees,  officials,  representatives,  officers
and
agents  ( all
of
whom,  including
Town,  are
collectively " Additional
Insureds"),  the
Right- of-way,   surrounding
property,   Wireless
Provider,   or
the
activities carried
on or about the Right- of-way. Such
insurance
shall
be
limited
to
insurance
a
reasonable
person
owning,  leasing,
designing,  constructing,  
occupying,  
or
operating
similar
facilities
might reasonably purchase.
13. 2
Policy
Limit Escalation.  Town may elect by notice to Wireless Provider
to
increase
the
amount
or
type
of
any
insurance
to
account
for
inflation,
changes
in risk, or any other factor that Town reasonably determines to affect
the prudent amount of insurance to be provided.
13. 3
Form of All Insurance. All insurance provided by Wireless Provider with
respect to the Right- of-way, whether required
in these Terms
or not, shall meet
the following
requirements:
13. 3. 1     "
Occurrence" coverage
is required.
13. 3. 2
If Wireless Provider uses any excess insurance then such
excess
insurance
shall
be  " follow
form"  equal
to
or
broader
in
coverage than the underlying
insurance.
0
13. 3. 3
Policies
must
also
cover
and
insure Wireless Provider's
activities
relating
to
the
business
operations
and
activities
conducted away from the Right-of-way.
13. 3. 4
Within
five ( 5) business
days of receiving
a written
request
from the Town, Wireless Provider shall provide copies of insurance
certificates,   insurance
policies,   formal
endorsements
or
other
documentation
acceptable
to
Town
that
all
insurance
coverage
required
herein
is provided.
13. 3. 5
Wireless Provider' s insurance shall be primary insurance
with respect to claims arising out of Wireless Provider' s operations,
activities
and obligations
set forth
in these Terms.
13. 3. 6
All
policies,  including
workers' 
compensation, shall
waive
transfer rights of recovery ( subrogation) against Town, and the other
Additional
Insureds.
13. 3. 7
All deductibles, 
retentions, 
or " self- insured" amounts shall
be subject to the following:
13. 3. 7. 1
Wireless
Provider shall be solely responsible
4110
for any self- insurance amount or deductible.
43

13. 3. 7. 2
Such amounts
shall not exceed
in total One
Hundred
Thousand
Dollars ($
100, 000. 00) per loss.  At
such
times
as
Wireless
Provider' s
net worth
is
more
than
One
Hundred
Million
Dollars  ($ 100, 000, 000. 00),
such
limit
shall
be
One
Million
and
No/ 100
Dollars
1, 000, 000. 00).
13. 3. 7. 3
Any self-insured exposure shall be deemed
to be an insured risk under this License Agreement.
13. 3. 7. 4
Wireless
Provider
shall
provide
to
the
beneficiaries
of
all
such
amounts
no
less
insurance
protection
than
if
such
self- insured
portion
was
fully
insured
by
an insurance company of the quality and
caliber required hereunder.
13. 3. 7. 5
The right to self-insure is limited and specific
to Wireless Provider and does not extend to Wireless
Provider' s contractors
or others.
13. 3. 8
All
policies
except
workers'  
compensation
must
name
Town
and
the
other
Additional
Insureds
as
additional
insureds.
Wireless
Provider
shall
cause
coverage
for Additional
Insureds
to
be
incorporated
into
each
insurance
policy by endorsement with
respect
to
claims
arising
out
of
Wireless
Provider' s
operations,
activities and obligations under the License Agreement.
13. 3. 9
All policies must require the insurer to provide Town with
at
least
thirty  ( 30)  days'  prior
notice
of
any
cancellation.  
The
insurer' s
duty
to
notify
Town
of
changes
in
coverage
shall
not
include
phrases
such
as " endeavor
to" or " but failure
to mail
such
notice shall impose no obligation or liability of any kind upon the
company, its agents or representatives."
13. 3. 10
All policies shall require that notices be given to Town in
the manner
specified
for notices
to Town
set forth
in the
License
Agreement and these Terms.
13. 4
Insurance
Certificates.   Wireless
Provider shall evidence
all insurance
by furnishing to Town certificates of insurance annually and with each change in
insurance
coverage. Certificates must evidence that the policy described by the
certificate is in full force and effect and that the policy satisfies each requirement
of these Terms
applicable to the policy. For example, certificates
must evidence
that Town and the other Additional
Insureds are additional
insureds. Certificates
must
also
be
in
an industry
standard
form
reasonably acceptable
to Town.
Wireless Provider shall provide updated certificates at Town' s request.
13. 5
Acceptable
Insurers.  All insurance policies shall be issued by insurers
acceptable
to
Town.  At
a
minimum,  all
insurers
shall
be
duly
licensed  ( or
44

qualified unlicensed non- admitted insurer) by the State of Arizona, Department
of Insurance. At a minimum, all insurers shall
have
and
maintain
an A. M. Best,
Inc. rating of B++ 6.
13. 6
No
Representation
of
Coverage
Adequacy.    By
requiring
insurance
herein, Town does not represent
that coverage
and limits will be adequate
to
protect Wireless
Provider.  Town reserves the right to review any and all of the
insurance
policies
and/ or
endorsements
cited
in
these
Terms
but
has
no
obligation
to do so. Failure to demand such evidence of full compliance with the
insurance
requirements
set
forth
in
these
Terms
or
failure
to
identify
any
insurance deficiency
shall
not relieve Wireless
Provider
from, nor be construed
or deemed
a waiver of, Wireless
Provider' s obligation
to maintain the required
insurance at all times.
13. 7
Risk of Loss.   Wireless Provider assumes the risk of any and all loss,
damage or claims related to Wireless Provider's use of the Right-of-way or other
property
of Town, Wireless Provider or third parties throughout the term of any
License
Agreement
or
Encroachment
Permit.  Wireless
Provider
shall
be
responsible for any and all damage to its property and equipment related to the
License Agreement or Encroachment Permit.
13. 8
Insurance to be Provided
by Others.  Wireless
Provider
shall
cause
its
contractors
or other persons
occupying, working on or about, or using the Right-
of-way
pursuant
to
these
Terms
to
be
covered
by
their
own
or Wireless
1110
Provider' s insurance
as required
by these Terms. The required
policy limits for
commercial general liability insurance provided by such persons shall be One
Million
Dollars   ($
1, 000, 000)   for
each
occurrence,   
One
Million
Dollars
1, 000, 000) for products
and completed operations
annual
aggregate, and Two
Million
Dollars  ($
2, 000, 000)  general
aggregate
limit
per
policy
year.  This
paragraph does not apply to persons who do not actually perform physical labor
in the Right- of-way (such as Wireless
Provider' s consulting
design engineers).
14.      INDEMNITY.
In addition to all other indemnities and other obligations hereunder, to the fullest
extent permitted by law, throughout the term of any License Agreement or
Encroachment Permit and until all obligations and performances under or related to
the License Agreement ( including these Terms) are satisfied and all matters
described in this Paragraph are completely
resolved, Wireless Provider and all other
persons using, acting, working or claiming through
or for Wireless Provider ( if they or
their subcontractor, employee or other person or entity hired or directed by them
participated
in any way in causing the claim
in question) shall jointly and severally
indemnify, defend and hold harmless Town and all other Additional Insureds for, from
and against any and all claims or harm related to Wireless Provider' s use of the Right-
of-way or the rights granted to Wireless Provider with respect to the Right-of-way or
Wireless
Provider' s exercise of its rights under these Terms ( the " Indemnity"). Without
I
limitation, the Indemnity shall include and apply to any and all allegations, demands,
judgments, assessments, 
taxes, impositions, expenses, proceedings, liabilities,
45

obligations, 
suits, actions, claims ( including without limitation claims of personal injury,
bodily injury, sickness, disease, death, property damage, destruction, 
loss of use,
financial
harm, or other impairment), damages, losses, expenses, penalties, fines or
other matters ( together with all attorney fees, court costs, and the cost of appellate
proceedings
and all other costs and
expenses of litigation
or resolving
the claim) that
may arise in any manner out of any use of the Right- of-way or other property pursuant
to any License Agreement
or Encroachment
Permit or any actions, acts, errors,
mistakes or omissions relating to work or services in the performance of or related to
the License Agreement, including without limitation any injury or damages or cause of
action claimed
or caused by any employees, contractors, subcontractors, tenants,
subtenants, agents or other persons upon or using the Right- of-way or surrounding
areas related
to Wireless
Provider' s exercise
of its rights under this License
Agreement, including without limitation, claims, liability, harm or damages caused in
part by Town
or any other Additional
Insured
or anyone for whose mistakes, errors,
omissions
or negligence Wireless
Provider
or Town may be liable ( collectively,
Claims"). As a condition to Town' s approval of any License Agreement or
Encroachment
Permit, Wireless Provider specifically agrees that to the extent any
provision of this paragraph is not fully enforceable against Wireless Provider for any
reason whatsoever, this Paragraph shall be deemed automatically reformed to the
minimal extent necessary to cause it to be enforceable
to the fullest extent permitted
by law. The Indemnity shall also include and apply to any environmental injury,
personal injury or other liability relating to Wireless Provider' s use of real property
under the License
Agreement
or any Encroachment
Permits. Notwithstanding
the
foregoing, the Indemnity does not apply to Claims arising only from the sole gross
negligence or intentionally wrongful acts of Town or to Claims that the law prohibits
from being imposed upon the indemnitor.
15.      
CONDEMNATION.
The following shall govern any condemnation of any part of or interest in the Use
Areas and any conveyance to Town or another condemnor in avoidance or settlement
of condemnation or a threat of condemnation:
15. 1
Termination
for Condemnation.   The Encroachment Permit for the Use
Area shall terminate
on the date ( the " Condemnation
Date") that is the earlier of
the date title vests in the condemnor, or the date upon which the condemnor is
let
into
possession.   
Notwithstanding
the
foregoing,   if
Town
reasonably
determines that the Use Areas continue to be suitable for Wireless Provider to
conduct the Permitted Uses, Town may elect to cause the Encroachment
Permit
to continue to remain in effect as to the part of the Use Areas not taken and the
Use
Fee
shall
not be
reduced
or abated.  Nevertheless,  if Wireless Provider
reasonably determines that the Use Areas are not suitable for Wireless Provider
to conduct the Permitted Uses, then the Encroachment Permit shall terminate.
15. 2
Condemnation
Proceeds.     
Wireless
Provider
hereby
assigns
and
transfers
to
Town
Wireless
Provider' s
entire
interest
in
all
condemnation
damages, interest, severance damages, and any other payments or proceeds of
any
kind
relating
to
the
condemnation   (
collectively
the   " Condemnation
46

Proceeds"). Wireless Provider shall execute and deliver to Town assignments or
other instruments requested by Town confirming such assignment and transfer.
Wireless Provider shall immediately pay to Town any Condemnation Proceeds
Wireless
Provider
may
receive. The Condemnation Proceeds shall not include
relocation
benefits,  if any,  awarded specifically to Wireless Provider to cover
expenses of relocating Wireless Provider' s business located at the Use Areas at
the time
of the
condemnation,  
or any
compensation
specifically
awarded
to
Wireless
Provider
for any taking
of the Communications Equipment
itself. Any
repair,  relocation
or similar
costs
relating
to the
Communications
Equipment
shall be borne by Wireless
Provider.
15. 3
Power
to Condemn.   Wireless Provider acknowledges that Town and
others from time- to- time may use the power to condemn the Use Areas or any
interest
therein
or
rights
thereto.  Town
has
not
relinquished
any
right
of
condemnation
or eminent
domain
over the Use Areas. Town
does
not warrant
that Town
will
not
condemn
the Use Areas during the term of this License
Agreement, but Town does not presently have intentions to condemn the Use
Areas.
16.      
DAMAGE
TO OR DESTRUCTION
OF USE AREAS.
The following provisions shall govern damage to or destruction
of the Use Areas by fire,
flood, explosion, the elements, the public enemy, or other casualty ( collectively " Casualty
Damage"):
16. 1
Damage
to Wireless
Provider' s Improvements.  
Wireless
Provider
shall
commence
restoring
the
Casualty
Damage
to
Wireless
Provider' s
Improvements
within
thirty  ( 30)  days
after
any
Casualty
Damage
occurs.
Wireless
Provider
shall
complete
the
restoration
work
within thirty ( 30) days
after commencement. Such work shall be subject to the plans approval process
and
all
other
requirements
for
Wireless
Provider' s
Improvements.  
Wireless
Provider shall perform all restoration work at Wireless Provider's sole cost and
expense.
16. 2
Monthly
Restoration
Work
Report.   Wireless
Provider
shall
provide
to
Town no later than the tenth day of each month a written narrative report of the
progress of the restoration work.
17.      WIRELESS PROVIDER'S RECORDS.
During the entire term of any License Agreement, Wireless Provider shall keep
records and provide information to Town as follows:
17. 1
Scope of Information.  Unless
otherwise
specified, all of Wireless Provider's
recordkeeping
and
disclosure
obligations
under
this
article
are
limited
to the
following ( collectively the "Covered Information"):
47

17. 1. 1
The
status
of
the
construction,  
repair
or
restoration
of
Wireless Provider Improvements.
17. 1. 2
Information indicating whether Town or Wireless Provider is
in compliance with the terms herein.
17. 2
Records
Inspection.   
At Wireless
Provider' s
expense,  Wireless
Provider
shall:
17. 2. 1
Permit and assist Town and its representatives upon twenty-
one ( 21) days' notice to inspect, audit, and copy Wireless Provider's
records of Covered Information.
17. 2. 2
Make the
records
of Covered
Information (
and
reasonable
accommodations
for Town' s audit and
inspection) available
to Town
at Wireless
Provider' s offices in Maricopa
County, Arizona.
17. 2. 3
Cause
Wireless
Provider' s
employees
and
agents
and
accountants to give their full cooperation and assistance
in connection
with Town' s access to the Covered Information.
17. 3
Record
Retention.    
Wireless
Provider
shall
preserve
records
of
the
Covered
Information
in
a
secure
place
at
Wireless
Provider' s
corporate
headquarters
in the continental United States for a period
ending
seven ( 7) years
0
after the time period reported by the records.
17. 4
Record
Media
Included.    
Town' s
and
Wireless
Provider' s
rights
and
obligations
regarding
the
Covered
Information
apply regardless of the type of
media, materials, or data repositories that may contain the Covered
Information.
Town
shall
have
access
to Covered
Information
contained, without limitation, 
in
records,  books,  papers, documents,  recordings, 
computer
data, contracts,  logs,
notes, ledgers, correspondence, 
reports, drawings, and
memoranda, and any and
all other sources, records and repositories of Covered Information.
17. 5
Reports.   Wireless
Provider
shall
deliver
to Town
written
reports ( and, if
requested
by Town,  a presentation
to Town' s governing
council
or designee)
covering such Covered Information as Town may request from time to time.
17. 6
Standards
for
Records.    Wireless
Provider
shall
maintain
a standard,
modern system of record keeping for the Covered Information and shall keep and
maintain proper and accurate books and other repositories of information relating
to the Covered Information.
18.      
COMPLIANCE
WITH LAW.
Wireless Provider shall perform its obligations under the License Agreement
including these Terms ) and any Encroachment Permit in accordance with all federal,
state, county and local laws, ordinances, regulations
or other rules or policies as are
48

now in effect or as may hereafter
be adopted or amended. Without limiting
in any way
the generality
of the foregoing, Wireless Provider shall comply with all and each of the
following:
18. 1
Applicability
of Municipal
Law.    Without
limitation,  Wireless
Provider
shall comply with municipal laws as follows:
18. 1.
1
Wireless Provider acknowledges
nothing set forth herein
or
by
approval
of
a
License
Agreement
or
issuance
of
an
Encroachment
Permit
constitutes,  and
Town
has
not promised
or
offered, any type of waiver of, or agreement
to waive ( or show any
type of forbearance, 
priority or favoritism to Wireless Provider with
regard to) any law, ordinance, power, regulation, tax, assessment
or
other legal requirement now or hereafter imposed by the Town of
Fountain
Hills or any other governmental
body upon or affecting
Wireless
Provider, the Use Areas, or the Street Parcel or Wireless
Provider' s
use of the Use Areas, the Street Parcel or the Right-of-
way.
18. 1. 2
All
of
Wireless
Provider' s
obligations
hereunder
are
in
addition
to,   and
cumulative
upon  ( and
not
to
any
extent
in
substitution
or
satisfaction
of),  all
existing
or
future
laws
and
regulations applicable to Wireless Provider.
18. 1. 3
Town
by
approving
this
License
Agreement
or
any
Encroachment
Permit
cannot, and
has
not, relinquished
or limited
any right of condemnation or eminent domain over the Right- of-way
or
any
other
property
related
to
the
License
Agreement
or
Encroachment
Permit, or within the Right- of-way.
18. 1. 4
The approval
of this License Agreement
or issuance of any
Encroachment
Permit cannot and does not impair Town' s, power to
enact,  apply
or
enforce
any
laws
or
regulations,  or exercise
any
governmental
powers
affecting
in any way Wireless
Provider, the
Use Areas, the Street Parcel, or the Right- of-way.
18. 1. 5
Town' s rights
and remedies
under this License
Agreement
and
any
Encroachment
Permit
for Wireless
Provider' s
failure
to
comply with all applicable laws supplement and are in addition to
and
do
not
replace
otherwise
existing
powers
of
the
Town
of
Fountain Hills or any other governmental body.
18. 1. 6
Wireless
Provider' s
rights
under
this
License
Agreement
and any Encroachment Permit are further subject to all present and
future
building
restrictions,   
regulations,   zoning
laws,   and
all
ordinances,  
resolutions,  
rules
and
orders
of all
bodies,  bureaus,
commissions
and
bodies
of any municipal, 
county, state, or federal
authority, now or hereafter having jurisdiction over the Use Areas or
49

Wireless Provider's use thereof. Wireless Provider shall comply with
all of the foregoing.
18. 2
Radio
Frequency
Compliance
Requirements.   Wireless Provider shall
document,  report
and
confirm
its
compliance
with
Federal
Communications
Commission ("
FCC") Radio Frequency
Exposure
Guidelines ( FCC OET Bulletin
65) and all other applicable radio frequency emissions laws and regulations in
effect from time to time ( collectively, the " FCC Rules") as follows:
18. 2. 1
Wireless
Provider
shall cause
its senior internal
engineer
responsible for compliance with the FCC Rules to deliver to Town a
written
letter ( the " RE Letter"), as follows:
18. 2. 1.
1
The
RF
Letter
shall
attest
that
Wireless
Provider' s operation
of the Communications
Equipment
is in compliance
with the FCC
Rules. A statement from
Wireless Provider declaring exemption from reporting to
FCC is not acceptable to comply with the requirements
of this paragraph.
18. 2. 2
Wireless
Provider
shall
maintain
records
of
radio
frequency
measurements
and
Communications
Equipment
performance in accordance with the FCC Rules.
18. 2. 3
Wireless Provider shall also evidence and demonstrate its
compliance
with
the
FCC
Rules
in
such
manner
and
at
such
intervals as the Town of Fountain Hills Zoning Ordinance and other
applicable laws and regulations may mandate.
18. 3
Use
Area
Regulations.   Town
reserves
the right to adopt, amend and
enforce against Wireless Provider rules and regulations governing the operation
of the
Street
Parcel,  including
the
Use
Areas,  Wireless
Provider' s
activities
therein
and
thereon,  and
the
public
areas
and
facilities
used
by Wireless
Provider
in connection
therewith.
18. 4
Taxes, Liens
and Assessments.  
In addition to all other amounts herein
provided
and
to the
extent
consistent
with
applicable
law,  Wireless
Provider
shall pay, when the same
become
due and payable, all taxes and general and
special fees, charges and assessments of every description that during the term
of any
License
Agreement
or Encroachment Permit
may
be
levied
upon
or
assessed
upon or with respect to Wireless Provider' s use of the Right- of-way,
the
operations
conducted
therein,  any
amounts
paid
or other
performances
required
by these
Terms
by
either
party,  and
all possessory
interest
in the
Right- of-way and Wireless Provider' s improvements and other property thereon.
Wireless
Provider
shall
pay,  indemnify, defend
and
hold
harmless
Town
from
any
and
all
such
obligations,  
including
any
interest,  penalties
and
other
expenses
which
may be imposed, and from
any lien therefor
or sale or other
proceedings to enforce payment thereof.
50

18. 5
Permits.    Nothing
in
these
Terms
relieves
Wireless
Provider of the
obligation
to obtain
permits, licenses
and
other approvals
from Town
or other
units
of
government
that
are
required
for
the
erection,   
construction,
reconstruction,  installation,  operation
or maintenance
of the
Communications
Equipment
or
provision
of telecommunications
services;  or from
compliance
with
applicable
municipal
codes, ordinances, laws and policies, such as zoning
and
land
use
ordinances
and
regulations,   pavement
cut
and
restoration
ordinances
and
regulations,  subdivision
and
project
improvement
ordinances,
curb cut permits, building
permits, Right- of-way permits, encroachment permits,
traffic control permits and the like.
19.      ASSIGNABILITY.
The License Agreement
or Encroachment
Permit( s) are not assignable by Wireless
Provider ( and any assignment shall be void and vest no rights in the purported
assignee) unless the assignment
is made in strict compliance
with the following:
19. 1
Assignments
Affected.   Every assignment of any of Wireless Provider's
interest in the Right- of-way, the License
Agreement, Encroachment
Permit( s) or
these
Terms
or any
of
Wireless
Provider' s
rights
or
interests
hereunder
is
prohibited unless Wireless Provider first receives from Town notice of Town' s
consent to the assignment, where Town' s consent to such assignment not to be
unreasonably
withheld, conditioned, 
or delayed. All references
in these
Terms
to assignments
by Wireless
Provider
or to assignees
shall
be deemed
also to
apply to all of the following
transactions, circumstances and conditions and to all
persons claiming pursuant to such transactions, circumstances
and conditions:
19. 1.
1
Any
voluntary
or involuntary
assignment,  conveyance
or
transfer
of Wireless
Provider' s right to use the Right- of-way under
this License
Agreement
or any interest
or rights of Town under this
License Agreement, in whole or in part.
19. 1. 2
Any
voluntary
or
involuntary
pledge,   lien,   mortgage,
security
interest, judgment, 
claim
or demand, whether arising from
any
contract,  any
agreement,  any
work
of
construction,  
repair,
restoration, maintenance
or removal, or otherwise
affecting Wireless
Provider' s rights to use the Right- of-way ( collectively " Liens").
19. 1. 3
Any assignment by Wireless Provider of any interest in the
License
Agreement
or
Encroachment
Permit( s) for the
benefit
of
creditors, voluntary or involuntary.
19. 1. 4
A Wireless Provider Insolvency.
19. 1. 5
The occurrence of any of the foregoing by operation of law
or otherwise.
51

19. 1. 6
The occurrence of any of the foregoing with respect to any
assignee
or other successor
to Wireless
Provider.
19. 2
Pre- approved
Assignments.    
Subject
to
certain
conditions
hereafter
stated,  Town
hereby
consents
to
certain
assignments  ( the  " Pre- approved
Assignments"). Only the following
assignments
are Pre- approved
Assignments:
19. 2. 1
Complete
Assignment
of
License
Agreement
and
Encroachment
Permits.   Wireless
Provider' s complete
assignment
of all of Wireless Provider's rights and Interests in the Right-of-way,
the approved
License
Agreement
and
all Encroachment
Permits
to
a
single
assignee
who
meets
all of the following
requirements, 
as
determined
by Town
in Town' s
reasonable
discretion (
a " Qualified
Operator"):
19. 2. 1.
1
The
assignee
has
experience, management,
credit
standing
and
financial
capacity
and
other
resources
equal
to or greater than Wireless
Provider' s
and adequate
to successfully
perform the obligations
set
forth herein.
19. 2. 1. 2
The
assignee
is
experienced
in
the
management and operation of similar projects.
ID
19. 2. 1. 3
The
assignee
assumes
all
of
Wireless
Provider' s obligations
herein.
19. 2. 1. 4
The
assignee
has
a
net
worth
of
not
less
than Fifty Million
and No/ 100 Dollars ($ 50, 000, 000. 00).
19. 2. 2
Stock
Transfers.    The
transfer
of
publicly
traded
stock,
regardless
of quantity.
19. 2. 3
Merger.  The merger or consolidation of Wireless Provider
with another entity that is a Qualified Operator.
19. 2. 4
Common
Ownership
Transfer.       Wireless
Provider' s
complete
assignment
of
all
of
Wireless
Provider' s
rights
and
interests in the Right- of-way, the approved
License
Agreement
and
Encroachment
Permits
to
single
assignee
who
is
and
remains
a
wholly owned subsidiary
of Wireless
Provider' s sole owner as of the
date of the License
Agreement ( or a wholly owned subsidiary of a
wholly owned subsidiary of Wireless Provider' s sole owner as of the
date of the License Agreement).
19. 3
Limitations
on
Assignments.     
Town' s
consent
to
any
assignment,
including without limitation, Pre- approved
Assignments, is not effective
until the
kV
following conditions are satisfied:
52

19. 3. 1
Except
for
the
sale
of
stock,  Wireless
Provider
shall
provide
to Town
a complete
copy of the document
assigning
its
interests, or other such documentation
acceptable
to the Town.
19. 3. 2
Each assignee
must execute
an assumption
of the License
Agreements
and/ or the Encroachment
Permits
in form acceptable
to
Town.
19. 3. 3
Each
Pre- approved
Assignment
must
satisfy
all
other
requirements
of these Terms pertaining
to assignments.
19. 4
Assignment
Remedies.   Any assignment
without
Town' s consent
shall
be void and shall
not result
in the assignee
obtaining
any rights or interests.
Town may, in its sole discretion
and
in addition
to all other remedies
available
to
Town
under these Terms
or otherwise, and
in any
combination, terminate
any
and all of the License Agreement
and Encroachment
Permits, collect
Use Fees
from
the
assignee
and/ or
declare
the
assignment
to
be
void,  all
without
prejudicing
any other right or remedy
of Town
under these Terms. No cure or
grace periods shall apply to assignments
prohibited under these Terms or to
enforcement
of any provision
under these Terms
against
an assignee
who did
not receive Town' s consent.
19. 5
Effect of Assignment.  
Prior to any effective
assignment, each
assignee
must execute an assumption of each License Agreement and Encroachment
IP
Permit
in the form attached
hereto
as Exhibit " C." No action or inaction
by Town
shall
be
deemed
a
waiver
of the
prohibition
on
assignments
or
any
other
provision
herein,  or
the
acceptance
of
the
assignee,  Wireless
Provider
or
occupant
as
Wireless
Provider,  or
a
release
of Wireless
Provider
from
the
further
performance
by
Wireless
Provider
of the provisions of these Terms.
Consent by Town to an assignment shall not relieve Wireless Provider from
obtaining
Town' s
consent
to
any
further
assignment.  No
assignment
shall
release Wireless
Provider from any liability hereunder.
19. 6
Enforceability
after Assignment.   No consent
by Town shall be deemed
to
be
a
novation.  Town' s
consent
to
any
assignment
does
not
in any way
expand
or
modify
the terms
set forth
in
these
Terms
or
waive,  diminish
or
modify any of Town' s rights or remedies under the License Agreement or any
Encroachment
Permit. The terms set forth in these Terms shall be enforceable
against Wireless
Provider and each
successor, partial
or total, and regardless of
the
method
of
succession,  to
Wireless
Provider' s
interest
hereunder.  Each
successor having actual or constructive notice of the License Agreement, these
Terms or any Encroachment
Permit shall be deemed to have agreed to the
preceding sentence.
19. 7
Grounds
for
Refusal.    Except
for
the
Preapproved
Assignments,  no
assignment of the License Agreement or any Encroachment Permit by Wireless
Provider is contemplated
or bargained
for. Without
limitation, Town has the right
IPto
impose upon any consent to assignment such conditions and requirements
as Town may deem appropriate.
53

19. 8
Consent
to Assignments.   Wireless
Provider
shall
attach
to each
Pre-
approved Assignment a copy of Wireless Provider' s notice to Town of the Pre-
approved
Assignment
and
other
required
documents.   Wireless
Provider
shall
attach to each
other assignment, a copy of Town' s notice to Wireless
Provider
of
Town' s
consent
to
the
assignment.  These
Terms
shall
continue
to
be
enforceable according to its terms in spite of any provisions of any documents
relating to an assignment.
19. 9
Assignment
Fee.   Wireless
Provider shall
pay to Town
in advance
the
sum
of
Five
Hundred
Dollars  ($ 500)  as
a
nonrefundable
fee
for
legal,
administrative
and other expenses
related
to every
Pre- approved
Assignment
other than the sale of publicly traded
stock) or to any request for a consent
to
assignment, whether or not Town grants such request.
20.      MISCELLANEOUS.
The following additional provisions apply to these Terms:
20. 1
Amendments.   These Terms may not be amended except by a formal
writing executed
by all of the parties.
20. 2
Dates.  Any reference to a year shall refer to a calendar year unless a
fiscal
year
is specifically
stated. Sunday, Saturday
and Arizona
legal
holidays
are holidays for purposes of the License Agreement and issued Encroachment
Permits.
20. 3
Time of Essence.  Time is of the essence of each and every provision of
the License Agreement and issued Encroachment Permits.
20. 4
Severability.  If any provision of these Terms shall be ruled by a court or
agency of competent jurisdiction to be invalid or unenforceable for any reason,
then:
20. 2. 1
The invalidity or unenforceability
of such provision
shall not
affect the validity of any remaining provisions of these Terms.
20. 2. 2
These Terms shall be automatically
reformed
to secure to
the
parties
the
benefits
of
the
unenforceable
provision,  to
the
maximum
extent consistent
with law.
20. 5
Conflicts
of Interest.   No
officer,  representative or employee of Town
shall
have
any
direct
or
indirect
interest
in
the License
Agreement
or any
Encroachment
Permit,  nor participate
in any decision
relating
to the
License
Agreement
or
any
Encroachment
Permit
that
is
prohibited
by
law.
Notwithstanding
the
foregoing,  pursuant
to
A. R. S.  §  
38- 511,  the
Town
of
Fountain Hills may cancel the License Agreement or any Encroachment Permit,
without
penalty
or
further
obligation,  if
any
person
significantly
involved
in
54

initiating,  negotiating,  securing, drafting or creating the License Agreement or
associated
Encroachment
Permits
on behalf of the Town
is, at any time while
the License
Agreement
or Encroachment
Permits
is in effect, or any extension
thereof, an employee, agent or consultant to Wireless Provider in any capacity.
20. 6
No
Partnership.    
The
transactions
and
performances
contemplated
hereby
shall
not
create
any
sort
of
partnership,  joint
venture
or
similar
relationship
between the parties.
20. 7
Nonliability
of Officials and
Employees.   
No
official,  representative
or
employee of Town shall be personally liable to any party, or to any successor in
interest to any party, in the event of any default or breach by Town or for any
amount which
may
become
due
to any
party
or successor, or with
respect
to
any obligation of Town or otherwise under the terms of any License Agreement
or related to any License Agreement
or Encroachment
Permit.
20. 8
Notices.   Notices hereunder shall be given in writing delivered to the
other
party
or mailed
by registered
or certified
mail,  return
receipt
requested,
postage
prepaid
or
a
national
overnight
express
courier  ( such
as
Federal
Express
or UPS) to the addresses set forth in the License Agreement and to the
Town as follows:
If to Town:       
Town of Fountain
Hills
16705
E. Avenue of the Fountains
II
Fountain
Hills, AZ 85268
Attn: Town Manager
Copy to:  
Town of Fountain Hills
16705
E. Avenue
of the Fountains
Fountain Hills, AZ 85268
Attn: Development
Services
Director
0
55

Town of Fountain Hills
0
16705 E. Avenue of the Fountains
Fountain
Hills, AZ 85268
Attn: Town Attorney
By notice from time to time, a person may designate any other street address
within Maricopa County, Arizona as its address for giving notice hereunder.
Service
of any notice ( i) if by registered or certified ail shall be deemed to be
complete three ( 3) days ( excluding
Fridays, Saturday, Sunday and legal
holidays) after the notice is deposited
in the United States mail or ( ii) if by
overnight courier upon receipt.
20. 9
Construction.  
Whenever
the context of these Terms
requires
herein the
singular shall include the plural, and the masculine
shall include the feminine.
20. 10
Funding.  This subparagraph shall control notwithstanding any provision
of
the
License
Agreement
or
any
exhibit
or
other
agreement
or
document
related
hereto. If funds necessary
to fulfill Town' s obligations
under the License
Agreement
or any Encroachment
Permit
are not appropriated
by the Town of
Fountain
Hills
Town
Council, Town
may terminate
the License
Agreement
or
any Encroachment
Permit, by notice to Wireless
Provider. Town
shall use best
efforts to give notice of such a termination to Wireless Provider at least thirty
30) days
prior to the end
of Town' s then current fiscal
period. Termination
in
accordance
with
this
provision
shall
not
constitute
a
breach
of the
License
Agreement
or Encroachment
Permit byTown. No person
will be entitled
to any
compensation, damages
or other remedy from Town
if the License
Agreement
or
any
Encroachment
Permit
is
terminated
pursuant
to
the
terms
of
this
subsection.
20. 11
Paragraph
Headings.  The paragraph headings contained herein are for
convenience
in reference and not intended to define or limit the scope of any
provision
of the License Agreement.
20. 12
No Third Party Beneficiaries.   No person or entity shall be a third party
beneficiary to the License Agreement or shall have any right or cause of action
hereunder. Town shall have no liability to third parties for any approval of plans,
Wireless
Provider' s
construction
of
improvements,   Wireless
Provider' s
negligence, Wireless Provider's failure to comply with the provisions of these
Terms ( including any absence or inadequacy of insurance required to be carried
by Wireless Provider).
20. 13
Exhibits.    All
Exhibits
specifically
stated
to
be
attached
hereto
as
specified herein are hereby incorporated into and made an integral part of the
License Agreement for all purposes.
20. 14
Attorneys' Fees.   If any
action, suit or proceeding is brought by either
0
party hereunder to enforce the License Agreement or any issued Encroachment
Permit or for failure to observe any of the covenants of the License Agreement,
56

these Terms
or any
issued
Encroachment
Permit, or to vindicate
or exercise
any rights or remedies
hereunder, the prevailing
party in such proceeding
shall
be entitled
to recover
from the other
party
such
prevailing
party' s reasonable
attorneys' fees and other reasonable
litigation
costs ( as determined
by the court
and not a jury) in such proceeding).
20. 15
Approvals
and
Inspections.   All
approvals,  reviews
and
inspections
by
Town are for Town' s sole benefit and not for the benefit of Wireless Provider, its
contractors, engineers
or other consultants
or agents, or any other person.
20. 16
Legal
Workers.    If and
to the extent
A. R. S.  § 
41- 4401
is applicable,
Wireless
Provider shall comply with laws regarding
workers as follows:
20. 16. 1
Wireless
Provider warrants
to Town that Wireless
Provider
and
all
its subcontractors
will
comply
with
all federal
immigration
laws
and
regulations
that
relate
to
their
employees
and
that
Wireless
Provider
and all its subcontractors
now comply with the E-
Verify Program
under A. R. S. § 23- 214( A).
20. 16. 2
A breach of the foregoing warranty by Wireless Provider
shall be deemed a material breach of the License Agreement and
any issued Encroachment Permit that is subject to penalties up to
and including
termination
of this License Agreement
and any issued
Encroachment
Permits.
20. 16. 3
Town
retains
the legal
right to inspect the papers
of any
employee of Wireless Provider or any subcontractor
who works on a
Use Area
pursuant
to License
Agreement
and
any Encroachment
Permit to ensure that they or the subcontractor is complying with the
warranty given above.
20. 16. 4
Town
may
conduct
random
verification
of
Wireless
Provider' s
and
its
subcontractors'  employment
records
to
ensure
compliance
with the warranty given above.
20. 16. 5
Wireless
Provider
shall indemnify, defend
and
hold
Town
harmless for, from and against all losses and liabilities arising from
any and all violations of the warranty given above.
57

EXHIBIT A
le
TOWN' S DESIGN GUIDELINES]
See following
pages
58

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that
tio0i
2018
Town of Fountain Hills
Small Wireless Facilities in the Right-of-Way
Design Standards  &  Guidelines
59

Town of Fountain Hills
Design Standards, Concepts and Requirements
Small Wireless Facilities in the Right-of-Way
Table of Contents
Table of Contents
60
Definitions
62
Small Wireless Facility on Existing Streetlight
65
Small Wireless Facility on Traffic Signal Pole
68
Small Wireless Facility on Existing Utility Pole
71
Common Standard Design Concepts, Requirements and Details
76
Town of Fountain Hills Contacts
83
Exhibit Al
Calculation Points for Height of an Existing Streetlight with Separated Luminaire Mast Arm      ..... 
84
Exhibit A2
Calculation Points for Height of an Existing Streetlight with Integrated Luminaire Mast Arm
85
IL
Exhibit B
Calculation Points for Height of Existing Traffic Signal Pole
86
Exhibit C
Dog House— Cable Transition
from Underground to Electric Utility Pole
87
Exhibit D1
Antenna Shrouds— 45 Degrees
88
Exhibit D2
Antenna Shrouds —90 Degrees
89
Exhibit D3
Unacceptable Visible Cables
90
Exhibit El
Examples
of Electrical Meter
Pedestals—"
Myers" or" Milbank" Style
91
Exhibit E2
Ground Equipment Screening Examples
92
Exhibit E2
Ground
Equipment Screening Examples ( continued)      
93
Exhibit
F
Cannister Antenna
94
60

Exhibit G
Larsen Camouflage
Examples
95
411
61

Definitions
Standard Design Requirements for Small Wireless Facility
Antenna" means communications
equipment
that transmits
or receives
electromagnetic radio frequency signals and that is used in providing wireless services.
Antenna
Mounting
Bracket" means the hardware
required
to secure the antenna
to
the pole.
Antenna Mounting
Post" means the vertical
post or pipe that the antenna
mounting
bracket is mounted to in order for the antenna to be attached to the pole.
Antenna
Shroud" means the three-sided cover that is mounted at the base of the
antenna to conceal the appearance of the cables and wires from the hand- hole port
on the pole to the bottom- fed antenna.
Canister Antenna" means the canister or cylinder style housing used to conceal the
antenna( s), amplifier( s), radio( s), cables, and wires at the top of a pole.
Communications
Equipment" means any and all electronic equipment at the Small
Wireless
Facility location that processes
and transports
information
from the antennas
to the Wireless Provider's network.
1w•       
Dog House" means the plastic or metal attachment to the base of a pole that covers
the transition
point of underground
cables and wires to the vertical section of the
pole.
Ground
Mounted
Equipment" means any communications
equipment that is
mounted to a separate post or to a foundation on the ground.
Light Emitting
Diode" also referred
to as " LED" is a type of lighting fixture installed
on Town streetlight
and traffic signal poles.
Light Fixture" means the lighting unit or luminaire that provides
lighting during the
evening hours or during the hours of darkness.
Luminaire
Mast Arm" means the horizontal
post that attaches the light fixture to the
streetlight
pole or traffic signal pole.
Omni- directional Antenna" also referred
to as an " omni
antenna" this antenna is
round
in shape, like a pipe, and may be about one ( 1) inch diameter up to about six
6) inches diameter.
Outside
Diameter" also referred to as " OD" means the points of measurement,
using the outer edges of a pole, pipe or cylinder.
62

Panel Antenna" means the style of antenna that is rectangular in shape and with
dimensions
that are generally
four ( 4) feet to eight ( 8) feet in height, by eight ( 8)
inches to twelve ( 12) inches wide, and four ( 4) inches to nine ( 9) inches deep.
Remote
Radio Heads ( RRH) / Remote
Radio Units ( RRU)" means the electronic
devices that are used to amplify radio signals so that there is increased
performance
farther distance) of the outgoing
radio signal from the antenna.
Right- of-way" as defined for wireless sites in A. R. S. § 9- 591( 18) means the area on,
below or above a public roadway, highway, street, sidewalk, alley, or utility easement.
Right-of-way does not include a Federal Interstate Highway, a state highway or state
route under the jurisdiction of the Department of Transportation, a private easement,
property that is owned by a special taxing district, or a utility easement that does not
authorize the deployment
sought by the wireless provider.
Sight Distance
Easements" means the area of land adjacent
to an intersection,
driveway or roadway that has restrictive
uses in order to preserve the view of
oncoming
or crossing vehicular and pedestrian traffic by drivers in vehicles
attempting
to merge with traffic or enter a roadway.
Sight Visibility Triangles" means the traffic engineering
and safety concept that
requires clear view by the driver of a vehicle to crossing traffic at a stop sign,
driveway
or intersection.  In order to achieve clear visibility of the cross traffic, the
land areas in the sight visibility triangle
has specific maximum
heights on
landscaping, 
cabinets, and other potential view obstructions.
Signal
Head" means the " Red, Yellow and Green" light signals
at a signal- controlled
intersection.
Signal
Head Mast Arm" means the horizontal pole that has the signal heads
mounted
to it and attaches to the traffic signal pole.
Small Wireless Facility" as defined
in A. R. S. 9- 591( 19), means a Wireless Facility that
meets both of the following qualifications:
a)  All antennas
are located
inside an enclosure of not more than six ( 6) cubic feet
in volume
or, in the case of an antenna, that has exposed
elements, the antenna
and all of the antenna' s exposed
elements
could fit within an imaginary enclosure
of
not more than six ( 6) cubic feet in volume.
b)  All other wireless
equipment
associated
with the facility
is cumulatively
not
more than twenty- eight ( 28) cubic feet in volume, or fifty ( 50) cubic feet in volume if
the equipment was ground
mounted
before
the effective
date of this section. The
following types of associated ancillary equipment are not included in the calculation
of equipment volume pursuant to this subdivision:
i)  
An electric meter.
ii) Concealment
elements.
63

iii) A telecommunications
demarcation
box.
0
iv) Grounding
equipment.
v) A power transfer switch.
vi) A cutoff switch.
vii)  Vertical cable runs for the connection
of power and other services.
Stealth and Concealment
Elements" means the use of shrouds, decorative
elements, design concepts and faux elements so that a small wireless facility can be
designed
to blend
in with the surrounding
streetscape
with minimal to any visual
impact.
Utility Pole" as defined
in A. R. S. § 9- 591( 21) means a pole or similar structure that is
used
in whole or in part for communications
services, electric distribution, lighting or
traffic signals.  Utility pole does not include a monopole.
0
64

411.    
Town of Fountain
Hills
Standard Design Requirements
Small Wireless Facility on Existing Streetlight
The following
design standards
shall apply, in addition to the Common
Standards
Design Concepts, Requirements and Details that is included in this document, to a
Small Wireless
Facility ( SWF) proposed
for a location with an existing Town- owned or
third party- owned streetlight
in the Town of Fountain
Hills Right- of-way ( ROW).  These
design
standards
are not exhaustive and the Town, as the owner, keeper and manager
of the ROW retains the right to modify or adjust the requirements on a case- by-case
basis.
A.  Pole Criteria:
1.  
Purpose
of Streetlight
Pole:  The primary purpose of the pole shall remain as
a
pole
structure
supporting
a
streetlight
luminaire
and
related
streetlight
fixtures
used
to
provide
lighting
to
the
Town
ROW.    The
attachment
of
wireless
equipment
to an existing
streetlight
pole or to a replacement
pole
that impedes this primary purpose will not be approved.
2.  General Requirement:
a)  An SWF shall
be designed
to blend
in with the surrounding
streetscape
with
minimal to any visual impact.
b)  A
replacement
pole
shall
match
the
Town
of
Fountain
Hills
standard
streetlight
pole for the location
in which
it is installed, as closely
as possible,
subject
to more specific
criteria
below.
c)  As specified in Section 6. 14 of the Town of Fountain Hills' s Wireless Facilities
Standard
Terms and Conditions, for each individual
pole type or style used to
support
the
wireless
equipment,  one
spare
replacement
pole
shall
be
provided
by the wireless
provider
to Town
in advance
so the
pole
can
be
replaced
promptly
in case of a knockdown.
d)  All plans shall be signed and sealed by a Professional Engineer licensed in
the State of Arizona.
e)  All other details in the Town of Fountain Hills street light design standards
shall apply.
3.  Specific
Criteria:
a)  New or Replacement Pole Height
A new or replacement pole may be installed without zoning review if one of
the two height requirements
is met:
1)  
Up to a ten ( 10) foot increase, not to exceed fifty ( 50) feet total ( whichever
is less), subject to the additional
limitations
in A. R. S. § 9- 592( I); 
or
2)  Up to forty ( 40) feet above ground
level, per A. R. S.§ 9- 592( J).
110
65

b)  Overall Height of Replacement Pole
1)  
The " base" height of an existing
streetlight
pole shall
be the height of the
vertical
pole
section from the existing
grade.  The height of the luminaire
mast
arm,  if higher than the vertical
pole
section,  shall
not
be
used
to
determine the new overall height of the replacement pole.
2)  If the antennas
are the highest
vertical
element of the site, then the new
overall height of the replacement
pole is measured
from the existing
grade
to the top of the canister, top of the omni- directional
antenna, or the top of
the panel antenna.
c)  Increase
in Outside Diameter ( OD) of Pole
The non- tapered
replacement pole outside diameter ( OD) of the base section
shall be equal to the top section, and the OD shall not exceed
eight and five-
eights ( 8- 5/ 8) inches ( the pole manufacturing
industry standard
OD for an 8
inch diameter
pole) or a 100% increase
in diameter of the original pole,
whichever
is less.
d)  
Luminaire
Mast Arms
1)  
All luminaire mast arms shall be the same length as the original luminaire
arm,  unless
the Town
requires
the
mast
arm
to
be
different ( longer
or
shorter) based upon the location of the replacement
pole.
2)  Unless
otherwise
approved, all luminaire
mast arms shall match the arc ( if
applicable) and style of the original luminaire arm.
3)  The replacement luminaire mast arm shall be at the same height above
the ground as the existing luminaire.
e)  Luminaire
Fixtures
1)  
All replacement poles shall have the Town standard light-emitting diode
LED) light fixture installed.
2)  All replacement
light fixtures shall have a new Town standard
photo- cell or
sensor provided
by the wireless
provider.
f)   Pole Foundation
1)  
All pole foundations
shall conform to the Town' s adopted standards and
specifications
on
streetlight
design
and
shall
be
modified
for
wireless
communications equipment and cables.
2)  The Town, in its sole discretion, may require the pole foundation design to
be " worst case" for all soil conditions.
3)  A
separate,  one- inch
diameter
conduit
shall
be
installed
in
the
pole
foundation
for the Town' s luminaire
wire and any additional
Town wires or
cables.   The
Town' s conduit shall
be trimmed
to three ( 3) inches
above
411,     
the top of the pole foundation.
66

4)  The height of the
pole foundation
shall be two ( 2) inches above finished
410
grade.  If the pole foundation encroaches into any portion of the sidewalk,
then the pole foundation
shall be flush with the sidewalk.
5)  Shrouds for the streetlight pole mounting bolts may be required for the
replacement pole.
g)  Painting of Replacement
Pole
1)  
If the replacement pole is an unpainted galvanized
pole, the pole shall not
be painted or have a finish unless otherwise specified by the Town.
2)  For
powder
coated
type
poles,  the wireless
provider
shall
replace
with
same powder coated color and/ or color combination
per Town of Fountain
Hills street light design standards
or as otherwise
required
by the Town to
minimize
visual
impact.
h)  Painting Antennas
and Mounting
Equipment
1)  
All
antenna
mounting
brackets
and
hardware,  antenna
mounting
posts,
cables, shrouds and other equipment mounted on a new or replacement
unpainted
galvanized
pole shall
be painted
Sherwin
Williams " Web Grey"
SW7075) color or equivalent, unless specified
otherwise
by the Town.
2)  All
antenna
mounting
brackets
and
hardware,  antenna
mounting
posts,
cables,  shrouds and all other equipment mounted on a painted new or
0
replacement pole shall be painted a color specified by the Town.
i)   
Wireless
provider
shall
install
pole
numbers
on
each
replacement
pole ( to
match the number on the existing
streetlight pole being
replaced) per Town of
Fountain Hills street light design standards.
67

Town of Fountain Hills
Standard Design Requirements
Small Wireless Facility on Traffic Signal Pole
The following
design
standards
shall apply, in addition to the Common Standards
Design Concepts, Requirements and Details included in this document, to a Small
Wireless Facility ( SWF) proposed for a location with an existing Town- owned traffic
signal
in the Town of Fountain
Hills Right- of-way ( ROW).  These design standards
are
not exhaustive
and the Town, as the owner and manager of the ROW retains the right
to modify or adjust the requirements on a case- by-case basis.
A.  Pole Criteria:
1.  
Purpose
of Traffic Signal Pole:  The primary purpose of the traffic signal pole
shall
remain
as
a
pole
structure
supporting
a
traffic
signal
and
related
streetlight
fixtures
used
to
provide
traffic
control
and
lighting
to the Town
ROW.  The attachment of wireless equipment to a new or replacement traffic
signal pole that impedes this primary purpose will not be approved.
2.  General Requirement:
a)  An SWF shall be designed
to blend
in with the surrounding
streetscape
with
minimal to any visual impact.
b)  A replacement
pole
shall
match
the Town
of Fountain
Hills standard
traffic
signal pole, as closely
as possible, subject to more specific criteria below.
c)  As specified
in Section
6. 14 of the Town of Fountain
Hills' s Wireless Facilities
Standard Terms and Conditions, for each individual pole type or style used to
support
the
wireless
equipment,  one
spare
replacement
pole
shall
be
provided
by Company
to
Town
in
advance
so
the
pole
can
be
replaced
promptly in case of a knockdown.
d)  All plans shall be signed and sealed by a Professional Engineer licensed in
the State of Arizona.
e)  All other details
in the Town
of Fountain
Hills traffic
signal
design
standards
shall apply.
3.  Specific
Criteria:
a)  New or Replacement
Pole Height
A new or replacement pole may be installed without zoning review if one of
the two height requirements is met:
1)  
Up to a ten ( 10) foot increase, not to exceed fifty ( 50) feet total ( whichever
is less), per A. R. S. § 9- 592( I); 
or
2)  Up to forty ( 40) feet above ground
level, per A. R. S. § 9- 592( J).
b)  Overall Height of Replacement Pole
The height of the replacement pole is measured from grade to the top of the
antenna canister or the top of the panel antennas if the antennas are the
highest elements.
68

c)  Increase
in Outside
Diameter ( OD) of Pole
1)  
If the replacement
pole
is a taper design, the diameter of the base section
of the replacement pole OD shall not exceed twelve ( 12) inches or a 100%
increase in the OD of the base section, whichever is less.
2)  If the
replacement
pole
is
non- tapered,  then
the
diameter
of the
base
section shall be equal to the top section and the OD shall not exceed
twelve ( 12) inches
or a 100% increase, whichever
is less.
d)  Signal
Head
Mast Arms
1)       
The
traffic
signal
head
mast arms shall be the same length as the
original signal head mast arm unless the Town requires the mast arm to
be different ( longer or shorter) based
upon the location
of the replacement
pole.
2)  All signal
head
mast arms shall
match
the arc ( if applicable) and
style
of
the original
signal head mast arm.
e)  Luminaire
Mast Arms
1)  
All luminaire mast arms shall be the same length as the original luminaire
arm
unless
the Town
requires
the mast
arm
to
be
different ( longer
or
shorter) based upon the location of the replacement pole.
2)  All luminaire
mast arms shall match the arc ( if applicable) and style of the
original luminaire arm.
f)   Signal
Heads
1)  
All existing
signal
heads
shall
be replaced, at no cost to Town, with
new
light- emitting
diode ( LED) signal
heads, per Town of Fountain
Hills traffic
signal design standards.
2)  All signal
heads
shall
be procured
from
a Town
approved
signal
heads
supplier
or manufacturer.
g)  Luminaire
Fixtures
1)  
All replacement poles shall have the Town standard LED light fixture
installed.
2)  All
replacement
light
fixture
shall
have
a new
photo- cell
or sensor
installed to Town standard.
h)  Other Town Elements on Signal Mast Arm or Pole
All existing emergency signal detection units, video detection cameras, video
cameras, cross walk service buttons, cross walk signals, and any other
pedestrian or traffic devices shall be replaced with new units by wireless
provider and installed
at no cost to the Town.  All equipment
shall be procured
from a list of Town approved suppliers.
i)   
Signs and Other Misc.
All street name plates or signs, directional signs and any other Town
69

approved
signs shall be replaced
with new signs at no cost to the Town.  All
40
signs and attachments
shall be procured
from a list of Town approved
suppliers.
j)   Traffic Signal Pole Foundation
1)  
All
pole
foundations
shall
conform
to
the
Town' s
standards
and
specifications
on
traffic
signal
pole
design
and
shall
be
modified
for
wireless
communications
equipment, hand holes and cables.
2)  The wireless provider shall install
a three ( 3) inch diameter ( OD) conduit in
the pole foundation for the Town' s cables and wires for the signal heads,
luminaire
and
devices
on the
signal
mast
arm
and
luminaire
mast
arm.
The Town' s conduit shall
be trimmed
to three ( 3) inches above the top of
the pole foundation.
3)  In addition
to the conduits for the Town' s use inside the pole, the wireless
provider shall install one of the two options for its cables and wires:
a)  One, six ( 6) inch diameter ( OD) conduit in the pole foundation; or
b)  Two, four ( 4) inch diameter ( OD) conduits
in the pole foundation.  The
length of the conduit shall extend from the pole foundation
to six ( 6)
inches above the signal head mast arm.
4)  Pole Foundation — Height Above Ground Level
a)  If the
pole
foundation
is
in
a
landscaped
or
unimproved
area,  the
a.   
height
of the
caisson
shall
be two  ( 2)  inches above finished grade.
However, if the pole foundation is adjacent to or within a sidewalk or
ramp, the height of the pole foundation
shall
be flush with the surface
of the immediate area.
b)  Shrouds for the traffic signal pole mounting bolts may be required for
the replacement pole.
k)  Painting of Pole, Antennas
and Mounting
Equipment
1)  
Specifications
on
paint
color
and
painting
process
are
provided
in
the
Town of Fountain Hills traffic signal design standards.
2)  For powder- coated
traffic signal
poles, the wireless provider shall replace
with
same
powder- coated
color and/ or color combination, or as otherwise
specified
by the Town.
I)   
Construction of Traffic Signal
The installation work of the replacement traffic signal pole, including mast
arms, signal heads and devices, must be performed by a Arizona licensed
Traffic Signal Contractor
with
a minimum of five ( 5) years of experience
installing traffic signals.
40
70

0
Town of Fountain Hills
Standard
Design
Requirements
Small Wireless
Facility on Existing
Utility Pole
The following
design
standards shall apply, in addition
to the Common
Standards
Design
Concepts, Requirements
and Details that is included
in this document, to a
Small Wireless
Facility ( SWF) proposed for a location with an existing third party- owned
utility pole in the Town of Fountain
Hills Right- of-way ( ROW).  These design standards
are not exhaustive and the Town, as the owner, keeper and manager of the ROW
retains the right to modify or adjust the requirements
on a case- by- case basis.
A.  Pole Criteria:
1.  
Purpose
of Utility Pole:  The primary purpose of the pole shall remain as a pole
structure
supporting
a cables and wires used to provide communications
services
and
electric
distribution
in
the
Town
ROW.     The
attachment
of
wireless
equipment
to an existing
third
party- owned
utility pole that impedes
this primary
purpose will not be approved.
2.  General Requirement:
a)  An SWF shall be designed to blend in with the surrounding streetscape with
minimal to any visual impact.
b)  A SWF
mounted
on
an
existing
third
party- owned
utility
pole
is subject
to
more specific criteria below.
c)  All plans
shall
be signed
and sealed
by a Professional
Engineer
licensed
in
the State of Arizona.
3.  Specific Criteria:
a)  Replacement
Pole Height
A replacement pole may be installed without zoning review if one of the two
height requirements
is met:
1)  
Up to a ten ( 10) foot increase, not to exceed fifty ( 50) feet total ( whichever
is less), per A. R. S. § 9- 592( I); 
or
2)  Up to forty ( 40) feet above ground
level, per A. R. S.§ 9- 592( J).
b)  Overall
Height of Replacement
Utility Pole
1)  
The  " base"  height
of
an
existing
utility
pole
shall
be the height of the
vertical
pole section from the existing grade.
2)  If the antennas
are the highest
vertical
element of the site, then the new
overall height of the replacement
pole is measured
from the existing grade
to the top of the canister or the top of the panel antenna.
c)  Use of Existing
Pole — Wood
0
71

1)  
An existing wood pole used for a SWF shall have the antennas contained
within an eighteen ( 18) inch ( OD) canister mounted
at the top of the pole.
2)  Unless
otherwise
approved, 
the cables and wires from the base of the
pole to the antennas
shall be installed
in a conduit or cable chase outside
of the pole, facing away from the street or away from on- coming traffic.
3)  If a " dog house" ( see Exhibit C) is required
as a transition
point connecting
the underground
cables and wires from the ground
mounted
equipment
to
the pole, the Town shall provide the maximum
size, dimension
and shape
of the dog house on a case- by- case basis.
d)  Use of Existing
Pole — Metal
1)  
An existing
metal pole used for a SWF shall have the antennas
contained
within an eighteen ( 18) inch ( OD) canister mounted at the top of the pole.
2)  Panel
antennas
on a metal pole shall have the same " RAD
center" ( center
of radiation) so the antennas will be at the same height on the pole.
3)  The cables and wires from the base of the pole to the antennas shall be
installed
inside of the pole.
e)  Painting of Pole and Dog House
1)  
If the replacement pole
is an unpainted galvanized
pole, the pole shall not
be painted or have a finish unless otherwise
specified
by the Town.
2)  If the existing or replacement pole includes a dog house for the transition
of the cables
and
wires
to the pole, the dog
house
shall
be painted
the
same color as the pole or a color specified by the Town.
f)   Painting Antennas
and Mounting
Equipment
1)  
All
antenna
mounting
brackets
and
hardware,  antenna
mounting
posts,
cables, shrouds
and other equipment
mounted
on a new or replacement
unpainted
galvanized
pole shall
be painted
Sherwin
Williams " Web Grey"
SW7075) color or equivalent, unless specified
otherwise
by the Town.
2)  All
antenna
mounting
brackets
and
hardware,  antenna
mounting
posts,
cables,  shrouds
and
all other
equipment
mounted
on
a painted
new or
replacement
pole shall be painted
a color specified
by the Town.
3)  If the
antenna
is
mounted
on
a
wood
pole,  the
color
of the
antenna,
antenna
canister, mounting
brackets
and posts, shrouds
and cable chases
shall be painted a color specified by the Town that will closely match the
color of the wood.
g)  Ground
Mounted
Equipment
The Town may require the ground- mounted wireless equipment to be
screened or concealed to reduce the visual impact to the surrounding area.
The screening or concealment shall take into account the location of the site,
the use of the immediate
area, and the existing aesthetic elements
surrounding
the site.
72

Town of Fountain
Hills
Standard
Design
Requirements
Wireless
Facility on New Structures
in ROW
The following design
standards, in addition to the Common Standards Design
Concepts, Requirements
and Details that are included
in this document, shall apply to a
Wireless Facility that a wireless
provider may install
in the ROW that is not: 1) 
a
replacement pole for an existing
streetlight, 2) a replacement
pole for an existing traffic
signal
or 3) a replacement
pole for an existing utility pole.
The new wireless support structure, monopole
or utility pole ( the " New Structure") shall
incorporate the highest level of stealth and concealment of the antennas and wireless
equipment
in order to minimize the visual impact of the site to the public.
A.  Pole Criteria:
1.  
Purpose of the New Structure:  The sole purpose of a new vertical element is to
attach antennas
for the provision
of wireless
services
by a wireless
provider
in
the Town' s ROW.
2.  General Requirement:
a)  The New Structure shall be designed to minimize the visual and aesthetic
impact of the new vertical element and associated equipment upon the look,
feel, theme, and use of the surrounding
area.
b)  A
wireless
facilityshall
be
designed
to
blend
in
with
the
surrounding
9
streetscape
and/ or landscape
with minimal
to no adverse
visual
impact.
c)  The New Structure shall be architecturally integrated and compatible with the
use of the surrounding
area.
d)  The height of the New Structure cannot exceed the maximum allowed height
of the zoning district that the site is proposed.
e)  All plans shall be signed and sealed by a Professional Engineer licensed in
the State of Arizona.
3.  Specific
Criteria:
a)  New
Structure
Height.  A
New
Structure
may
be
installed
without
zoning
review
if one of the two height
requirements
are met, see A. R. S. § 9- 592( I)
and A. R. S. § 9- 592( J):
1)  
A. R. S. § 9- 592( I) 
states that the small wireless
facility
in the ROW
is not
subject to zoning review and approval
in Section
9- 594 if the utility pole
does not exceed the greater of either:
i.  
Ten feet in height
above the tallest existing utility pole, other than
a utility pole supporting
only wireless facilities, that is in place on
the
effective
date
of
this
section,  that
is
located
within
five
hundred
feet of the new, replacement or modified utility pole and
73

that is in the same right- of-way within the jurisdictional
boundary
of the authority, but no more than fifty feet above ground level.
ii.   Forty feet above ground level.
2)  A. R. S. §
9- 592( J) states
that new small
wireless
facilities
collocated
on a
utility pole or wireless support structure in the right-of-way are not subject
to zoning review and approval if they do not extend more than ten feet
above the utility pole or wireless
support
structure
and do not exceed fifty
feet above ground
level.
b)  Setbacks.  Any New Structure subject to zoning review shall comply with all
Town
fall
and
setback
requirements,  including
a
100%  setback
from
all
property lines, occupied
structures, public roadways
and sidewalks.
c)  Overall
Height
of
New
Structure.    
The
height
of
the
New
Structure
is
measured
from existing grade to the highest point of the New Structure.
d)  Stealth
and Concealment
Elements
1)  
New Structures
shall
be located
in areas
where
they can blend
into the
existing built and natural environment, where existing landscape elements
may assist with concealing the structure from view, and where the addition
of
the
structure
will
least
affect
the
view
sheds
from
neighboring
properties.
0
2)  Depending upon the location of the New Structure and the character of the
neighboring
area,  the
Town
may
require
additional
landscaping
to
be
installed
in connection
with the Town' s approval
of the
application.   The
additional
landscaping
may
include
trees,  mature
vegetation,  natural
features
or hardscaping.
3)  The Wireless Provider shall conceal all equipment within a faux cactus
structure,  similar
to the
22'  to
40'  tall
Larsen
Camouflage
design  ( see
Exhibit G) or as otherwise
approved
by the Town.
i.   
New
Structures
thus
concealed
shall
comply
with
standard
details,  such
as
dimensions,  
colors
and
materials
similar
to
existing faux cactus installations in the Town.
4)  As part of the stealth and concealment
elements
of the New Structure, the
Town
may
require
the
wireless
provider
to
install
street
name
plates,
directional
signs,  and
other
decorative
signs
or artistic
elements
on
the
structure.
5)  The wireless provider
is solely responsible
for the cost of all stealth and
concealment
elements
and the installation
of other elements
required
by
the Town.
6)  The wireless provider is responsible for the performance of and any costs
incurred
for regular upkeep, maintenance
and replacement ( if necessary)
of these stealth and concealment
elements.
74

e)  Architectural
Integration
with Surrounding
Area
4110
1)  
The
New Structure
shall
be designed
in consultation
with
various
internal
Town stakeholders
and may include external
stakeholders.
2)       
The
Town
may
require
the
New
Structure
to
be
constructed
of a
specific
material
or
specific
design
that
will
enhance
the
stealth
and
concealment of the site.
f)   Foundation
1)  
The foundation
for the New Structure, if required, shall conform
to civil and
structural
engineering
standards
acceptable
to
the
Town,  with
design
modifications for wireless communications equipment and cables.
2)  Unless
otherwise stated
herein, the height of the New Structure
foundation
shall
be
two  ( 2)  inches
above
finished
grade.    However,  if the
New
Structure foundation
is adjacent to or within a sidewalk or ramp, the height
of the
pole foundation
shall
be flush
with
the
surface
of the
immediate
area.
3)  Shrouds for the pole mounting
bolts may be required.
4)  If
the
New
Structure
is
concealed
as
a
faux
cactus
installation,  the
structure
shall
be installed
to appear
as part of the natural
environment,
and shall not be located on existing concrete such as sidewalks or curbs,
nor
shall
concrete
be
placed
around
the
base
of the facility
except
as
needed
to anchor and support the structural
elements
of the structure.  All
such
concrete
and anchor
devices
shall
be shielded
from view by earth,
rocks, decomposed
granite and landscaping
as required
by the Town.
g)  Painting
1)  
The
Town
shall
identify
the
paint
colors,  location
of
paint
and
any
decorative work that may be painted onto the New Structure or ground
equipment.
2)  If visible, the Town shall identify the paint colors for the antennas, antenna
mounting
brackets
and posts, antenna
shrouds, and cables.
3)  The
Town
may
require
the
New
Structure
or ground
equipment
to
be
painted using a powder- coat or other process.
h)  Ground Mounted Equipment
The Town may require the ground- mounted wireless equipment to be sited
and screened or concealed to reduce the visual impact to the surrounding
area.  The screening or concealment shall take into account the location of
the site, the use of the immediate area, and the existing aesthetic elements
surrounding the site.
75

Town of Fountain
Hills
Small Wireless
in the ROW
Common
Standard
Design
Concepts, Requirements
and Details
The following
standard
design requirements
shall be applied to all new small wireless
facilities
in the Town' s ROW, whether for a small wireless facility to be installed on an
existing
or replacement streetlight pole, an existing or replacement traffic signal pole, an
existing
or replacement utility pole, or on a New Structure.
A.  Pole Design & Installation
1.  
Replacement
Pole Clearances — Underground
Utilities
All ground- mounted
electrical equipment
shall maintain minimum
horizontal
clearance
from underground
utilities.
Clearance
from water lines shall be at least six ( 6) feet.
Clearance
from sewer lines shall be at least six ( 6) feet.
Clearance
from telecommunications
shall be at least one ( 1) foot.
Clearance
from cable television lines shall be at least one ( 1) foot.
Clearance
from all other underground
infrastructure shall be at least six ( 6)
feet.
1110
a)  The Town, in its sole discretion, may grant
a variance, upon approval
by the
Town Engineer, from these horizontal separation distances on a case- by-
case basis.  The approval
of a variance
is dependent
factors
specific
to the
site.
b)  In the case where there is an issue with horizontal separation from other
underground
utilities, the wireless provider may elect to work with the
impacted
utility to have lines, pipes or property moved so that minimum
clearance is achieved.  All relocation
of Town- owned or a privately- owned
utility shall be at the sole expense of the wireless provider.
2.  Calculating the Base Height of an Existing Pole
The base height, from which the calculation of the " increase in pole height" is
referenced
for determining
the overall pole height, shall be calculated as follows:
a)  Streetlight
Pole ( see Exhibit Al and A2)
1)  
A streetlight with a separate luminaire mast arm mounted to the vertical
pole shall use the top of the vertical pole as the base height.
2)  A streetlight, with the luminaire mast arm integrated ( e. g. telescopic style
pole) into the top vertical
section of the pole, shall use the point on the
pole where the mast arm is connected
plus twenty- four ( 24) inches as the
base height.
b)  Traffic Signal
Pole ( see Exhibit B)
A traffic signal pole with a luminaire mast arm that is mounted above the
76

signal head mast arm to the pole shall use the top of the vertical portion of the
pole as the base height.
3.  Replacement
Pole Clearance — Original Streetlight Pole or Traffic Signal Pole
The minimum distance of the replacement
pole from the original pole location
shall be sixty ( 60) inches or more so that construction
can occur safely.  The
Town may change this minimum distance on a case- by-case basis.
4.       
Replacement
Pole Clearances — Sidewalks
The new or replacement pole shall
maintain twelve ( 12) inch minimum
clearance
distance from
sidewalks.  The Town, in its sole discretion, may increase that
minimum
clearance
on a case- by- case basis to ensure the safe use of the
sidewalk
and adjacent area.
5.  Sight Distance Easements ( SDE) and Sight Visibility Triangles ( SVT)
All new and replacement
poles shall be installed
in a location that does not impair
or interfere with SDE or SVT safety requirements
as reasonable
determined
by
the Town.
6.  Cables, Wires and Jumpers
a)  All cables for the wireless equipment and antennas — except where such
cables or wires attach to the ports in the antenna — shall be located inside a
conduit, inside the caisson, or inside the pole, as appropriate.  There shall not
be any " dog house" or externally visible conduit or entry point of the cables
unless specified
by the Town.
b)  All cables for the wireless equipment
and antennas
shall exit the pole or
conduit at a location, behind the antenna
shroud, and shielded
from view.  It
is the intent of the Town that the cables shall not be visible.
1)  
See Exhibit
D1 for examples
of appropriately
shielded
cables.
2)  See Exhibit D2 for examples of unacceptable
cabling.
c)  All electrical wires for the streetlight luminaire, traffic signal heads, and any
Town device on the pole shall be new and connected to the existing power
source.
7.  Hand- holes
a)  All hand- hole locations shall be called out on the plans.
b)  All hand- holes near antennas shall have the top of the hand- hole no lower
than the bottom height of the antennas.
c)  The bottom of the hand- hole should
not exceed
six ( 6) inches below the
bottom of the antenna.
8.  Wireless Facility Identification Information
77

a)  A four ( 4) inch by six ( 6) inch Radio Frequency Safety notice may be mounted
no less than twenty- four ( 24) inches from the bottom of the antenna, facing
away from traffic.
b)  The wireless provider may place on the pole a discreet site identification or
number.  The
size, color and location of this identifier shall be determined by
the Town.
c)  The Town, as specified in the Wireless Facilities Standard Terms and
Conditions, may require the wireless provider to place
on the pole, in a
discreet
but accessible
location, the telephone number of wireless provider's
network operations
center.
d)  No wireless provider signs may be placed on a streetlight, traffic signal pole,
wireless support structure, or a new or replacement
pole except to the extent
required
by local, state or federal law or regulations.
9.       
Interference
with Town Wireless
Network
The Town has, or may have in the future, certain wireless
devices
in a network
that connects traffic signals, community
centers, water sites, and other locations
for the Town' s proprietary
use.  The selection
of a location
for a wireless
site
shall consider the potential interference
of the Town' s wireless network with RF
from a wireless
provider' s proposed
site.
10.  Cable Chase and Dog Houses
The Town, in its sole discretion, shall determine if an exterior cable chase and
dog house
are aesthetically
compatible with the pole and
immediate
area.  The
materials
and paint color of the cable chase and dog house shall be determined
on a case- by- case basis.
B.  Removal
of Original
Pole, Equipment
and Pole Foundation
1.  
Removal
of Original
Signal
Pole, Mast Arm, Signal
Heads
and Luminaire
a)  The Town shall determine
what original
components, ( e. g., original
pole, mast
arm, signal heads and luminaire, etc.) shall be delivered
by the wireless
provider, at no cost to the Town, to a location specified
by the Town.
b)  If the Town accepts
some of the original components, then only those
components
shall be delivered
by the wireless
provider to the Town and the
remaining components shall be discarded by the wireless provider.
2.  Removal of Original Streetlight or Traffic Signal Pole Foundation
The concrete
pole foundation
for the original streetlight
or traffic signal pole shall
be removed
by the wireless
provider as instructed
by the Town:
a)  Partial Removal
The original
pole foundation
shall be taken back to a level that is twelve ( 12)
inches below existing
grade and covered
with four ( 4) inches of one- half ( 1/ 2")
III
inch to three ( 3/ 4") quarter inch rock materials.  The remaining
eight ( 8)
inches shall be native soil.
78

b)  Complete Removal
If the entire original
pole foundation
must be removed, then all materials
concrete, rebar, metals, bolts, etc.) shall be removed.  The Town' s Inspector
shall determine, on a case- by- case basis, the type of backfill material
and
compaction
required — ranging from native soil that is compacted to a half
1/ 2) sack slurry for the entire depth, or a combination of native soil and
slurry.
C. Antennas, RRH/ RRU, Cables and Mounting on Pole:
1.  
General Requirement:  All antennas
shall be installed
in a manner that minimizes
the visual impact to the general
public.  In order to minimize the visual impact,
wireless providers should use canister antennas, where possible and appropriate
unless the Town' s stealth
and concealment requirements
indicate
otherwise.  See
Exhibit
F.  All work shall be performed
in a professional
manner that is consistent with
the highest standards of workmanship.
2.  Specific Criteria:
a)  Antenna
Mounting
Posts and Brackets
1)  
All panel antennas shall be mounted directly to the pole or onto a
mounting
pole
so that the distance
from the " face" of the streetlight pole to
the back of the antenna
does not exceed
nine ( 9) inches.
2)  All mounting
posts shall be trimmed
so that the poles do not extend higher
than the top of the antenna or protrude lower than the antenna unless
necessary
to install the shroud.
3)  All pole attached
wireless equipment must be a minimum ten ( 10) feet
from the sidewalk
elevation.
b)  Panel Antennas
1)  
All panel antennas for a small cell site shall fit within an imaginary
enclosure of not more than six ( 6) cubic feet in volume
in accordance
with
A. R. S. § 9- 591( 19)( a).  ( NOTE: This volume does not include antenna
cable shrouds
when
required.)
2)  All panel antennas with exposed cables from the bottom of the antenna
shall have a shroud installed on the antenna or antenna mounting
posts to
conceal the cables.  ( see Exhibits D1 and D2)
a.  The type of shroud
may be a forty- five ( 45) degree
angle ( away from
the bottom of the antenna; toward the pole) or a ninety ( 90) degree
angle ( parallel to the bottom of the antenna) depending on the location
of the site.
b.  The shroud
shall extend from the bottom of the antenna to two ( 2)
inches
below the bottom
of the nearest
hand- hole.
c)  Canister Antennas
11110
79

1)  
All canister antennas
shall fit within an imaginary
enclosure
of not more
0
than six ( 6) cubic feet in volume. ( Note: This volume does not include the
canister as it is a stealth device and not the antenna.)
2)  The canister shall be no larger than eighteen ( 18) inches
in diameter ( OD).
3)  All canister antennas shall be located in a canister that is mounted to a
base plate at the top of the vertical section of the replacement pole.
4)  All cables protruding from the canister shall be concealed within the
canister or by a shroud at the point where the canister is mounted
to the
base plate.
d)  Remote
Radio
Heads ( RRH) / Remote
Radio Units ( RRU)
Under State Law § 9- 591( 19)( a), the RRH/ RRU is not considered
part of the
antenna.  If allowed, the RRH/ RRU shall be calculated
as part of "All other
wireless equipment associated
with this facility..." 
in A. R. S. § 9- 591( 19)( b) that
is subject to the twenty- eight (28) cubic feet maximum size for small cell sites.
1)  
On a case- by- case basis, the Town in its sole discretion
and — upon
reviewing the landscape in the immediate surrounding area, the location of
the pole, and stealth
options, may allow a site to have an RRH/ RRU
installed on the pole.
D.  Ground- mounted
Equipment:
General requirement: All ground- mounted
equipment
shall be installed
in a manner
Li.
that minimizes the visual and ingress/ egress impact to the general
public.  All work
shall be performed
in a professional
manner that is consistent
with the highest
standards of workmanship.
2.  Specific criteria:
a)  Sight Distance
Easements (
SDE) and Sight Visibility Triangles ( SVT)
All ground- based wireless equipment
shall be installed
in a location that does
not impair or interfere with SDE
or SVT safety
requirements.  To ensure
proper sight distance, all Town of Fountain
Hills Traffic Engineering
Standard
Details shall apply.
b)  Ground Equipment
Location — Generally
All ground- based
wireless equipment, including but not limited to equipment
cabinets or power pedestals, shall be placed as far as practical to the back of
the ROW while maintaining
at least three ( 3) feet of ingress/ egress
in the
ROW
or public utility easement ( PUE) around the equipment.
c)  Ground
Equipment Clearances— Underground Utilities
1)   
All ground- mounted electrical equipment shall maintain minimum
horizontal
clearance from below- ground utilities:
Clearance
from water lines shall be at least six ( 6) feet.
Clearance
from sewer lines shall be at least six ( 6) feet.
80

Clearance from telecommunications
shall
be at least
one ( 1) foot.
0
Clearance
from
cable television lines shall be at least one ( 1) foot.
Clearance from all other underground infrastructure shall be at least six
6) feet.
2)  The Town, in its sole discretion, may grant a variance upon approval from
the Town
Engineer, from these
horizontal
separation
distances
on a case-
by- case basis.  The approval
of a variance
is dependent
on factors
specific to the site.
i
3)  In the case where there is an issue with horizontal
separation
from other
underground
utilities, the wireless provider may elect to work with the
impacted
utility to have its lines, pipes or property moved so that minimum
clearance is achieved.  All relocation work of Town- owned or a privately-
owned utility shall be at the sole expense of the wireless provider.
d)  Ground
Equipment
Clearance — Sidewalks
The ground
equipment shall maintain
a minimum twelve ( 12) inch clearance
distance from sidewalks.  The Town, in its sole discretion, may increase the
minimum
clearance
on a case- by- case basis to ensure the safe use of the
sidewalk
and adjacent area.
11,  
e)  Compliance
with Height
Requirements
Evidence or documentation
that, where the above- ground structure
is over
thirty- six ( 36) inches in height, given its proposed location, the structure will
comply or be in compliance with applicable Town of Fountain Hills planning
and zoning ordinances.
f)   Screening
of Ground
Equipment
The Town
requires that ground- mounted
equipment be screened; the type of
screening materials and design will be addressed on a case- by-case basis.
See Exhibit E2 for general screening examples that the Town may consider
on a case by case basis.
1)  
In cases when screening
is not possible, the Town may specify the
location, orientation or paint color of the ground- mounted equipment.
2)  Town may require ground- mounted equipment to be located underground
except for the electricity
meters, kill switches, etc.).
g)  Decals and Labels
1)  
All equipment manufacturers' decals, logos and other identification
information
shall be removed
unless required for warranty purposes.
2)  The wireless provider of the site may place an " Emergency
Contact" or
Network Operations
Center" decal or emblem
to the ground equipment.
0
3)  The ground- mounted equipment shall not have any flashing
lights, sirens
81

or regular noise other than a cooling fan that may run intermittently.
h)  Equipment Cabinets on Residential
Property
1)  
Residential
Single- Family Lot
The Wireless Equipment
and Ancillary
Equipment
listed
in A. R. S. § 9-
591( 19)( b) shall not exceed thirty- six ( 36) inches
in height in the front yard
of a residential single- family zoned property.
2)  Air- conditioning
Units
Unless
otherwise
specified
by Town, a wireless
equipment
cabinet with
air- conditioning ( not a fan only) shall be enclosed
by walls and setback
a
minimum
of fifteen ( 15) feet from lots where the existing or planned
primary use is a residential single- family dwelling.
i)
Electric Company Meter
1)       
All electric company
meters shall be installed
in the ROW or PUE.  The
location of the meter equipment shall have minimum ingress and egress
clearance from private property lines and driveways.
2)       
All electric company meters shall maintain minimum clearance from
above- ground
utility cabinets
and below- ground
utilities.
3)       
All electric company meters shall be installed
in a location that does
not impair or interfere with the SDE or SVT safety requirements of the
Town.
4)       The electric company
meters shall be screened
or contained
within a
Myers- type" or " Milbank- type" pedestal cabinet that is painted to match
the ground
equipment or as specified
by the Town.  ( see Exhibit E)
5)       
In the case where screening
is not required, the Town may specify the
paint color of the electric company
meter cabinet on a case- by- case basis.
82

Town of Fountain
Hills Contacts
For questions regarding the 2018 Town of Fountain Hills Design Standards,
Concepts & Requirements
for Wireless
Facilities
in the Right- of-Way, contact:
Town of Fountain Hills Development Services Director:
Robert Rodgers
480- 816- 5138
ill
83

0
Exhibit Al
Calculation Points for Height of an Existing Streetlight with Separate Luminaire Mast Arm
ip.7„,,,
r
f  ,   
i y/;
a
r
ram,-°  •  .           
a
p
M
141
The purple line next to the streetlight
depicts the section of the existing1
i
1
ri
streetlight pole that shall be used to
calculate the height of the existing
q
pole. The lines are not to scale and
II
I.,
are solely used for illustrative
purposes.  
a
ro. r
k -
fin...
a
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84

Exhibit A2
Calculation
Points for Height of an Existing Streetlight with Integrated Luminaire Mast Arm
The" Connection
Point"
on an
Existing Telescopic Style
Streetlight Pole with an Integrated
as;.
o-
aror.&       
r<
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Luminaire Mast Arm
nA
e  •
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f
The top and Bottom Points on
a telescopic
Streetlight
Pole to   •""
Calculate
the Verticle
Height
of the Existing Streetlight
Pole
Plus
Twenty- four( 24) inches
85

0
Exhibit B
Calculation
Points for Height of Existing Traffic Signal Pole
The Top and Bottom
Po ints on a Traffic Signal
i
Pole to Calculate
the
Base Vertical
Height
of
the Existing Pole
ff
ram
r:.
10
86

Exhibit C
0
Dog House— Cable Transition from Underground
to Electric Utility Pole
4 ' JOY
f‘ig',' ,';, 4";;-,?-;:',:
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cable chase
the cables
and
wires are mounted
underneath
the
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at the
e."
R
base of a pole to cover the
s '
a
cables
and wires when they   ,,#
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cannot
be installed
inside
the utility pole.
87

Exhibit D1
10
Antenna Shrouds— 45 Degrees
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88

Exhibit D2
Antenna
Shrouds—
90 Degrees
k
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89

Exhibit D3
Unacceptable -
Visible Cables
ems•
at. r
90

0
Exhibit E 1
Examples of Electrical Meter Pedestals—"
Myers"
or" Milbank" Style
n
d• '
w, roA-      
sw
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91

Exhibit E2
Ground Equipment
Screening Examples
A
00
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i
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r,,..„.:,„....
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92

Exhibit E2
Ground Equipment
Screening Examples ( continued)
ter
4;
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St
s,
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tea. 
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93

Exhibit F
Canister Antenna
kt
94

Exhibit G
L7117t5ON
4110
A
oe,      
4
A.
A
A.Aot
IrAt;
Saguaros
The need for concealed
sites is also prevalent in the desert southwest
region. To
servemp
b
thisseil,
w
need
we have developed
a Saguaro Cactu .
Utilizingan
RF- friendly, naturalistic
looking
al,le to position antenna panels not only in the hollow shell of the upper main trunk. but
alsoe
in the individual
arms. This offers grenter flexibility in terms of multiple panels per sector,
horizontal separation, and centerline height.
OurSaguaros
range
from 10- 40 feet tall, housing one to two antenna arrays. Scars, woodpecker
holes
thousands ofpainted needles enhance the realism.
Even the birds can' t tell the diff41411100
PHOENIX
77018-
1 429462v3
95

EXHIBIT B
0
LETTER OF CREDIT FORMS AND INSTRUCTIONS]
See following pages
IP
0
96

Wireless Facility Irrevocable Letter of Credit Template
iiiw
Instructions:
The following
four ( 4) pages contain the template
for an irrevocable
letter of
credit relating to wireless facilities to be located within Town rights- of-way.
Throughout
the
document
there
are
blank
spaces
into
which
should
be
inserted
the wireless facility
provider
name,  bank
name
and
letter
of credit
document
name. Please
insert this information
where requested.
The irrevocable letter of credit number may not be available when the initial
submission
of the draft
language
for
review
is
made. This
can
be
inserted
later when the letter is actually issued by the named financial institution.
Submit the draft irrevocable
letter of credit, together with
to
the Town' s Development Services Director.
The
issuer
of
the
irrevocable
letter
of
credit
shall
be
a federally- insured
financial
institution, a member of the New York Clearing House Association or
another commercial
bank or trust company
satisfactory
to the Town, having
a
net worth and financial wherewithal
also satisfactory
to the Town.
As a reminder, any assurance submitted in a format other than the approved
letter of credit template
is subject
to review
by the Town Attorney
and Town
Development Services Director and may not be accepted.
0
97

FORM OF WIRELESS
FACILITY
LETTER OF CREDIT
INSERT
BANK
NAME]
INSERT
LETTER
OF CREDIT
DOCUMENT
NAME]
20
Letter of Credit No.       
Initial Expiration
Date:
Town of Fountain Hills
16705
E. Avenue of the Fountains
Fountain Hills, AZ 85268
Attn: Small Cell Administrator
At the request and for the account of our customer, [ Insert Wireless
Facility
Provider
name], a( n)      
Provider"), [ Insert
Bank
Name] ("
us", " we" or " Bank"), hereby
establishes, 
in favor of Town
of
Fountain
Hills,   an
Arizona
municipal
corporation   (" Town"),   this
clean,
irrevocable
and
unconditional  [
Insert
Letter
of
Credit
Document
Name]
Letter
of Credit").   This
Letter
of Credit
authorizes
you
to draw
on
us
in
amounts
which
in the aggregate
shall not exceed
the Stated
Amount ( herein
so
called)     
of
Dollars
We hereby
engage
with
you
that draft( s) drawn
and
presented in compliance with the terms contained in this Letter of Credit will
be
duly
honored
upon
presentation
as
stated
above,  on
or
before
the
expiration date hereof.
You may obtain the funds available under this Letter of Credit by presentment
to us of your sight draft or drafts drawn on us in the form set forth as Exhibit
A" hereto, accompanied by copies of the original of this Letter of Credit and
amendment( s) thereto, if any.  Within ten ( 10) days after we honor your draft,
you must make the original of this Letter of Credit available to us in Maricopa
County, Arizona upon which we may endorse our payment.
Drafts may be presented by any of the following means:
By telefax to (  
By email to
By hand or overnight courier service delivery to:
This
address
must
be
in
Maricopa County, Arizona.]
Cor
By hand or overnight courier service delivery to:
98

This address
need
not be
in
41,  
Maricopa County, Arizona]
This
Letter
of
Credit
is valid
until
201_  and
shall
thereafter
be
automatically
renewed
for
successive
one ( 1) 
year
periods,
unless,  at least
one hundred twenty ( 120) days
prior to expiration, we notify
you in writing, by either registered
or certified
mail, that we elect not to renew
the Letter of Credit for such additional
period. In the event of such notification,
any then unused
portion of the Letter of Credit shall be available
upon your
presenting
to us your draft on or before the then- current
expiration
date.
If cancellation of this Letter of Credit is required before the expiry date stated
herein  ( which
may be extended from time to time either automatically
as
stated
in
Item
4 immediately
above
or by
written
amendment
by
us
and
acceptance
by you), the original of this Letter of Credit and amendment(s)
thereto, if any, must be returned to us accompanied by your letter requesting
cancellation
in the form
attached
hereto
as Exhibit " B".   This
letter of credit
may
also
be reduced
upon
our receipt of a reduction
certificate, the form of
Exhibit " B".
You may draw the full amount of this Letter of Credit or only part of it from
time to time, in your discretion; provided, that the total of all drafts honored by
us under this Letter of Credit
shall
not exceed
the Stated
Amount
available
to
you under this Letter of Credit.
Unless otherwise expressly stated herein, this Letter of Credit is subject to the
Uniform
Customs
and
Practice
for
Documentary
Credits  ( 2007
Revision),
International
Chamber of Commerce
Publication
No. 600.
Very truly yours,
Insert Bank Name]
By:
Name:
Its:
99

EXHIBIT A
Drawn Under [ Insert Bank Name]
Insert Letter of Credit Document Name] No.
U. S.)       
20_
To:      [ Insert Bank Name]
Drawn
under [ Insert Bank Name]  [ Insert Letter
of Credit Document Name] No.
I am the Development Services Director, and a duly authorized representative, of Town of
Fountain Hills, an Arizona municipal
corporation(
the" Town"), the beneficiary of[ Insert
Bank Name] [ Insert Letter of Credit Document Name] No.  
and
hereby certify that the amount drawn hereunder represents funds currently due the Town
under separate agreement( s) with [Insert Name of Provider].
Accordingly, please pay to the Town
Dollars($  
Please make payment to the Town in the form of a wire deposit to:
If such deposit cannot be accomplished immediately for any reason, please make your
payment in the form of a cashier' s check issued by your institution and delivered to me
at 16705 E Avenue of the Fountains Fountain Hills, AZ 85268, Attn:  Development
Services
Director.
If there is any imperfection or defect in this draft or its presentation, please inform me
immediately
at ( 480) 816- 5122 so that I may correct it. Also, please immediately notify
the Town Attorney.
TOWN OF FOUNTAIN HILLS
By:
Name:
Its: Development
Services Director
tor
100

EXHIBIT B
Date:
and
Ref: Letter of Credit No.
As parties to the above referenced Letter of Credit, we request that the following action( s) be taken as
evidenced by our initials and signatures below:
Please initial:
Reduce the amount
from U.S. $   
to
U. S. $
Extend the expiration date from
to
Cancel this Letter of Credit effective immediately.
Enclosed herewith are the original Letter of Credit documents, including the
amendment(
s), if any, thereto.
1111
Note: If any of these documents are not included with this letter, you must specify
each missing document and explain the reason why it is not being returned.)
Town of Fountain
Hills, an
Arizona
municipal
corporation
By:
Name:
Title:
a( n)
By:
Name:
Title:
41111
100

EXHIBIT C
0
FORM OF ASSIGNMENT]
See following
pages
1111
101

Assumption
Of Wireless Facility License Agreement
This assumption
is made pursuant to Paragraph
19 of the Town of Fountain
Hills Wireless
Facilities
Standard
Terms
and Conditions ("
Terms"), incorporated
by reference into that certain Wireless
Facility
License
Agreement (
the " License Agreement") between
Town of Fountain
Hills, an Arizona
municipal
corporation ("
Town") and
a
Wireless
Provider") 
dated
20
a
Assignee"), 
having acquired
the
rights
of the Wireless
Provider
under the License Agreement, hereby assumes the License
Agreement, 
agrees
to be bound thereby, and obligates itself to fully perform the terms and
conditions
of the License Agreement, all in favor of Town.
ASSIGNEE
WARRANTS
AND
REPRESENTS
THAT
ASSIGNEE
HAS
READ AND AGREES
TO THE
TOWN OF FOUNTAIN HILLS WIRELESS FACILITIES STANDARD TERMS AND CONDITIONS.
After the Date of this
assumption, notices to Assignee shall be addressed as follows:
Assignee' s network
operations
center phone number
as required
by the Terms
is
1
Assignee' s address for notices as required
by the Terms shall be:
i
Assignee' s billing address for routine billing invoices
as required
by the Terms shall be:
102

Assignee
understands
that nothing
in this Assumption
serves
to modify any provision ( except for
the Notice
addresses, 
as provided
above) 
or extend
the Term of the License Agreement.  The
person signing this document on behalf of Assignee warrants to Town his authority to do so.
111116,
Dated:    
20
ASSIGNEE:
a
By:
Its:
STATE OF
ss.
COUNTY
OF
The foregoing instrument
was acknowledged before
me this
day of
20   ,
by
of
a
40
Notary Public
My Commission Expires:
Date
103

EXHIBIT D
TO
RESOLUTION
NO. 2018- 18
Amendments to Town Comprehensive Fee Schedule]
See following pages.
Sir
ftny
142

Description
Fee FY17- 18
ENCROACI-[ME
TT,Ir'' C, INF,FRI' K
PERMITS
Small
Wireless Facilities:
ROW Use Fee
50/ year x number of small wireless facilities
Authority utility pole attachement
50/year
Small Wireless Facilities collocation
100 per SWF up to five
Small Wireless
Facilities
collocation
50 for SWF over five
100 per SWF up to five ( at $ 100 each) ($ 500
Batched
applications
for up to 25 SWF' s
maximum fee)
50 per SWF 6 - 20 sites ($
1000 maximum
Batched applications
for up to 25 SWF' s
fee)
Applications for new, replacement or modified
utility poles NOT subject
to zoning
review
Not to Exceed $ 750
Applications for new, replacement or modified
utility poles and collocation of wireless facilities
subject
to zoning review
Not to Exceed $
1000
PHOENIX
77018- 1 430871v7
4
I
I
4
I
4
4
Iall143
I

1  
  
 
  
  
 
INDEX  
§17  
  
Personal Wireless Service Facilities  
§17-1   
Purpose and Legislative Intent  
§17-2    
Definitions; Word Usage  
§17-3    
Application Types  
§17-4    
Shot Clock Periods  
§17-5    
Shot Clock Tolls, Extensions   
  
 
  
& Reasonable Delay Periods  
§17-6    
Application Requirements  
§17-7    
Design Standards  
§17-8    
Town Council Initial Review  
§17-9    
Hearings and Public Notices  
§17-10   
Factual Determinations to be Rendered by the Town Council  
§17-11   
Retention of Consultants  
§17-12    
Setback Requirements  
§17-13    
Height Restrictions  
§17-14    
Use Restrictions and Variances  
§17-15    
Environmental Impacts  
  
  
§17-16   
Historic Site Impacts   
§17-17   
Force Majeure  
§17-18   
Eleventh Hour Submissions  
§17-19   
Prohibition Against Illegally Excessive Emissions & RF Radiation Testing  
§17-20   
Bond Requirements & Removal of Abandoned Facilities and Reclamation   
 
§17-21   
ADA Accommodations  
  
§17-22   
General Provisions  
 
  
§17  
  
Personal Wireless Service Facilities  
  
This Chapter 17 is intended to repeal and replace all previous versions of, and amendments to, 
Chapter 17 (“Wireless Telecommunications Towers and Antennas”) and Article 16-2 (“Small 
Wireless Facilities”) of the Zoning Ordinance of the Town of Fountain Hills (“Town Code”), all of

2  
  
which are hereby repealed and replaced in their entirety by this Chapter 17 et. seq., as of the 
effective date hereof.  
  
No Personal Wireless Service Facility (“PWSF”) shall be sited, constructed, reconstructed, 
installed, materially changed or altered, expanded, or used unless in conformity with this 
Chapter.   
  
For the installation, construction, erection, relocation, substantial expansion, or material alteration 
of any PWSF that is not classified as a Small Wireless Facility as hereinafter defined and discussed, 
the Town shall require a special use permit and site plan approval pursuant to the provisions of this 
Chapter, which shall be applied for in accord with the procedure set forth in Chapter 2, §2.02, 
unless otherwise provided herein below.  
  
The performance of maintenance, routine maintenance, in-kind replacement of components, and/or 
repairs (as defined herein) to an existing PWSF and/or existing personal wireless service 
equipment shall not require a special use permit.  
  
Each application for a special use permit under this Chapter and each individual PWSF for which 
an application for a special use permit is submitted shall be considered based on the individual 
characteristics of each respective installation at each proposed location as an individual case. In 
other words, each installation at each proposed location shall be reviewed and considered 
independently for its own characteristics and potential impacts, irrespective of whether the 
proposed facility is designed and intended to operate independently or whether the installation is 
designed and/or intended to operate jointly as part of a Distributed Antenna System.  
  
§17-1   
Purpose and Legislative Intent  
   
The purpose of this section is to promote the health, safety, and general welfare of the residents of 
the Town of Fountain Hills and to preserve the scenic, historical, natural, and man-made character 
and appearance of the Town while simultaneously providing standards for the safe provision, 
monitoring, and removal of cell towers and other personal wireless service facilities consistent 
with applicable federal, state and local laws and regulations.   
  
Consistent with the balancing of interests which the United States Congress intended to embed 
with the federal Telecommunications Act of 1996 (hereinafter “the TCA”), Chapter 17 is intended 
to serve as a Smart Planning Provision, designed to achieve the four (4) simultaneous objectives 
of: (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, while (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 of the 
legal requirements which the TCA imposes upon the Town, when the Town receives, processes 
Commented [JW1]: Similar language in heading of 
adopting ordinance 
Commented [JW2]: See adopted ordinance Section 17.01 
B. 1. 
Commented [JW3]: Similar to Sec. 7.01 A 
Commented [JW4]: Used in adopted ordinance Section 
17.01 B. 2. a. - d.

3  
  
and determines applications seeking approvals for the siting, construction and operation of cell 
towers and/or other personal wireless service facilities.  
  
The Town seeks to minimize, to the greatest extent possible, any unnecessary adverse impacts 
caused by the siting, placement, physical size, and/or unnecessary proliferation of personal 
wireless service facilities, including, but not limited to, adverse aesthetic impacts, adverse impacts 
upon property values, adverse impacts upon the character of any surrounding properties and 
communities, adverse impacts upon historical and/or scenic properties and districts, and the 
exposure of persons and property to potential dangers such as structural failures, ice fall, debris 
fall, and fire.     
  
The Town also seeks to ensure that, in applying this section, the Town Council (“Council”) is 
vested with sufficient authority to require applicants to provide sufficient, accurate, and truthful 
probative evidence to enable the Council to render factual determinations consistent with both the 
provisions set forth herein below and the requirements of the TCA when rendering decisions upon 
such applications.  
  
To achieve the objectives stated herein, the Town seeks to employ the “General Authority” 
preserved to it under Section 47 U.S.C.A. §332(c)(7)(A) of the TCA, to the greatest extent which 
the United States Congress intended to preserve those powers to the Town, while simultaneously 
complying with each of the substantive and procedural requirements set forth within subsection 47 
U.S.C.A. §332(c)(7)(B) of the TCA.  
  
§17-2   
Definitions; Word Usage  
  
For the purposes of this article, and where not inconsistent with the context of a particular section, 
the defined terms, phrases, words, abbreviations, and their derivations shall have the meanings 
provided in this section. When not inconsistent with the context, words in the present tense include 
the future tense, words used in the plural number include words in the singular number, and words 
in the singular number include the plural number. The word “shall” is always mandatory and not 
merely directory. The definitions set forth herein shall supersede any definitions set forth within 
the Town Code, and the definitions set forth herein below shall control and apply to Chapter 17 
and all subparagraphs herein.  
  
ACCESSORY FACILITY OR ACCESSORY STRUCTURE  
A facility or structure serving or being used in conjunction with a personal wireless services facility 
or complex and located on the same property or lot as the personal wireless services facility or 
complex or an immediately adjacent lot, including, but not limited to utility or transmission 
equipment storage sheds or cabinets.  
  
ACHP  
The Federal Advisory Council on Historic Preservation.

4  
  
ADEQ  
The Arizona Department of Environmental Quality.  
  
ADEQUATE COVERAGE  
As determined by the Town Council, adequate coverage means that a specific wireless carrier’s 
personal wireless service coverage is such that the vast majority of its customers can successfully 
use the carrier’s personal wireless service the vast majority of the time, in the vast majority of the 
geographic locations within the Town, that the success rate of using their devices exceeds 97%, 
and that any geographic gaps in a carrier’s gaps in personal wireless services are not significant 
gaps, based upon such factors including, but not limited to, lack of significant physical size of the 
gap, whether the gap is located upon a lightly traveled or lightly occupied area, whether only a 
small number of customers are affected by the gap, and/or whether or not the carrier’s customers 
are affected for only limited periods of time. A wireless carrier’s coverage shall not be deemed 
inadequate simply because the frequency or frequencies at which its customers are using its 
services are not the most preferred frequency of the wireless carrier.  
  
ANTENNA  
An apparatus designed for emitting radiofrequency (RF) radiation to be operated or operating 
from a fixed location for personal wireless service.   
  
APPLICANT  
Any individual, corporation, limited liability company, general partnership, limited partnership, 
estate, trust, joint-stock company, association of two or more persons having a joint common 
interest, or any other entity submitting an application for a special use permit, site plan approval, 
variance, building permit, and/or any other related approval, for the installation, operation and/or 
maintaining of one or more personal wireless service facilities.  
  
APPLICATION  
Refers to all necessary and required documentation and evidence that an applicant must submit to 
receive a special use permit, building permit, or other approval for personal wireless service 
facilities from the Town.  
  
BOARD OF ADJUSTMENT  
The Board of Adjustment of the Town of Fountain Hills, established pursuant to §1.06 of the 
Zoning Ordinance with membership, powers, duties, and responsibilities as set forth in Article 28 
of the Town Code.  
  
COUNCIL OR TOWN COUNCIL  
The Town Council of the Town of Fountain Hills.  
  
CELL TOWER  
A free-standing, guy-wired, or otherwise supported pole, tower, or other structure designed to 
support or employed to support equipment and/or antennas used to provide personal wireless 
Commented [JW5]: Similar definition in Section 17.02

5  
  
services, including, but not limited to, a pole, monopole, monopine, slim stick, lattice tower or 
other types of standing structures.  
  
CEQ  
The Council on Environmental Quality, as established under NEPA.  
  
COLOCATION, CO-LOCATION, and/or CO-LOCATE  
To install, mount or add new or additional equipment to be used for the provision of personal 
wireless services to a pre-existing structure, facility, or complex which is already built and is 
currently being used to provide personal wireless services by a different provider of such services, 
wireless carrier or site developer.  
  
COMPLETE APPLICATION, COMPLETED APPLICATION   
An application that contains all the necessary and required information, records, evidence, reports, 
and/or data necessary to enable an informed decision to be made with respect to an application. 
Where any information is provided pursuant to the terms of this Chapter and the Community 
Development Director, Engineer or the Town’s expert or consultant or the Council determines, 
based upon information provided, that any additional, further, or clarifying information is needed 
as to one or more aspects, then the application will be deemed incomplete until that further or 
clarifying information is provided to the satisfaction of the Community Development Director, 
Engineer, Town Council or the Town’s expert or consultant of the Council.  
  
COMPLEX  
The entire site or facility, including all structures and equipment, located at the site.  
  
DBM (dBm)  
DBM stands for decibel milliwatts, which is a concrete measurement of the wireless signal strength 
of wireless networks. Signal strengths are recorded in negative numbers and can range from 
approximately -30 dBm to -110 dBm. The closer the number is to 0, the stronger the cell signal.   
  
DEPLOYMENT  
The placement, construction, or substantial modification of a personal wireless service facility.  
  
DISTRIBUTED ANTENNA SYSTEM, DAS  
A network of spatially separated antenna nodes connected to a common source via a transport 
medium that provides personal wireless service within a geographic area.  
  
EFFECTIVE PROHIBITION  
  
A finding by the Town Council that if an application seeking approval for a specific new Personal 
Wireless Service Facility at a specific location, and a specific height, were to be denied, such denial 
would either: (a) prevent an identified Wireless Carrier from providing personal wireless services 
within a specific geographic area, or areas, within the Town, or (b) would prevent a specific

6  
  
Wireless Carrier from constructing a sufficient number of such facilities necessary to enable it to 
provide Personal Wireless Services within the Town.  
  
An effective prohibition shall not be found to exist if a Wireless Carrier has Adequate Coverage in 
a specified geographic area, such that its end-use customers can use their cellular telephones to 
connect to landlines using the Carrier’s Personal Wireless Services; however, the frequencies are 
not the “most preferred” frequencies of the Carrier.  
  
An effective prohibition shall also not be found to exist if an applicant fails to establish before the 
Town Council that any existing geographic gap or capacity deficiency in the specific Wireless 
Carrier’s coverage cannot be remedied through a less intrusive means than what is being proposed, 
including, but not limited to, potential installations on alternative less intrusive sites, a shorter 
tower or facility, the incorporation of a more stealthy design, etc.   
  
A finding of Effective Prohibition, or lack thereof, shall be based upon an applicant’s submission 
of sufficient probative, relevant, and sufficiently reliable evidence and the appropriate weight the 
Town Council deems appropriate to afford.  
   
ELEVENTH HOUR SUBMISSIONS  
An applicant’s submission of new and/or additional materials in support of an application less than 
five (5) business days before the expiration of an applicable shot clock or at an otherwise 
unreasonably short period of time before the expiration of the shot clock, making it impracticable 
for the Town Council to adequately review and consider such submissions due to their complexity, 
volume, or other factors, before the expiration of the shot clock.  
  
ENURE  
To operate or take effect. To serve to a person or party's use, benefit, or advantage.  
  
EPA  
The United States Environmental Protection Agency.  
  
FAA  
The Federal Aviation Administration or its duly designated and authorized successor agency.  
  
FACILITY  
A set of wireless transmitting and/or receiving equipment, including any associated electronics 
and electronics shelter or cabinet and generator.  
  
FCC  
The Federal Communications Commission.  
  
GENERAL POPULATION/UNCONTROLLED EXPOSURE LIMITS  
The applicable radiofrequency radiation exposure limits set forth within 47 CFR §1.1310(e)(1), 
Table 1 Section (ii), made applicable pursuant to 47 CFR §1.1310(e)(3).

7  
  
  
HEIGHT  
When referring to a tower, personal wireless service facility, or personal wireless service facility 
structure, the height shall mean the distance measured from the pre-existing grade level to the 
highest point on the tower, facility, or structure, including, but not limited to, any accessory, fitting, 
fitment, extension, addition, add-on, antenna, whip antenna, lightning rod or other types of 
lightning-protection devices attached to the top of the structure.  
  
HISTORIC STRUCTURE  
Any structure that is either on the National Register of Historic Places or is eligible for inclusion 
in the national register, irrespective of whether or not an application for inclusion onto the national 
register has been filed or not filed.  
  
ILLEGALLY EXCESSIVE RF RADIATION or ILLEGALLY EXCESSIVE RADIATION 
RF radiation emissions at levels that exceed the legally permissible limits set forth within 47 CFR 
§1.1310(e)(1), Table 1 Sections (i) and (ii), as made applicable pursuant to 47 CFR §1.1310(e)(3).  
  
IN-KIND REPLACEMENT  
The replacement of a malfunctioning component(s) with a properly functioning component of 
substantially the same weight, dimensions, and outward appearance.  
  
MACROCELL  
A cellular base station that typically sends and receives radio signals from large towers and 
antennas. These include traditionally recognized cell towers, typically ranging from 50 to 199 feet 
in height.  
  
MAINTENANCE or ROUTINE MAINTENANCE  
Plumbing, electrical or mechanical work that may require a building permit but that does not 
constitute a modification to the personal wireless service facility. It is work necessary to assure 
that a wireless facility and/or telecommunications structure exists and operates reliably and in a 
safe manner, presents no threat to persons or property, and remains compliant with the provisions 
of this chapter and FCC requirements.  
  
NECESSARY or NECESSITY or NEED  
What is technologically required for the equipment to function as designed by the manufacturer 
and anything less will result in prohibiting the provision of service as intended and described in 
the narrative of the application. “Necessary” or “need” does not mean what may be desired, 
preferred, or the most cost-efficient approach and is not related to an applicant’s specific chosen 
design standards or unspecified “coverage objectives.” Any situation involving a choice between 
or among alternatives or options is not a need or a necessity.  
  
NEPA  
The National Environmental Policy Act, 42 U.S.C. §4321, et seq.

8  
  
NHPA  
The National Historic Preservation Act, 54 U.S.C. 300101 et seq, and 36 CFR Part 800, et seq.  
  
NODE, DAS NODE  
A fixed antenna and related equipment installation that operates as part of a system of spatially 
separated antennas, all of which are connected through a medium through which they work 
collectively to provide personal wireless services, as opposed to other types of personal wireless 
facilities, such as macrocells, which operate independently.  
  
NOTICE ADDRESS  
An address, which is required to be provided by an applicant at the time it submits an application 
for a special use permit, at which the Town, Town Council, and/or Community Development 
Director or Engineer can mail notice, and the mailing of any notice to such address by first-class 
mail shall constitute sufficient notice to any and all applicants, co-applicants, and/or their attorneys, 
to satisfy any notice requirements under this Chapter, as well as any notice requirements of any 
other local, state and/or federal law.  
  
NOTICE OF INCOMPLETENESS, NOTICE OF INCOMPLETE APPLICATION  
A written notice, mailed by first class mail, to an applicant seeking approval for the installation of 
a PWSF, wherein the sender advises the applicant that its application is either incomplete, the 
wrong type of application, or is otherwise defective, and setting for the reason or reasons why the 
application is incomplete and/or defective.  
  
NOTICE OF EFFECTIVE PROHIBITION CONDITIONS  
A written notice, which is required to be provided to the Town at the time of the filing of any 
application by all applicants seeking any approval, of any type, for the siting, installation, and/or 
construction of a PWSF, wherein the respective applicant asserts, claims or intends to assert or 
claim, that a denial of their respective application, by any agent, employee, board or body of the 
Town, would constitute an “effective prohibition” within the meaning of the TCA, and 
concomitantly, that a denial of their respective application or request would violate Section 47 
U.S.C. §332(c)(7)(B)(i)(II) of the TCA.  
  
OCCUPATIONAL/CONTROLLED EXPOSURE LIMITS  
The applicable radiofrequency radiation exposure limits set forth within 47 CFR §1.1310(e)(1), 
Table 1 Section (i), made applicable pursuant to 47 CFR §1.1310(e)(2).  
  
PERSONAL WIRELESS SERVICE/PERSONAL WIRELESS SERVICES  
Commercial mobile services, unlicensed wireless services, and common carrier wireless 
exchange access services, within the meaning of 47 U.S.C. §332(c)(7)(c)(i), and as defined 
therein.

9  
  
PERSONAL WIRELESS SERVICE FACILITY, PERSONAL WIRELESS SERVICES 
FACILITY or PWSF  
A facility or facilities used for the provision of personal wireless services, within the meaning of 
47 U.S.C. §332(c)(7)(c)(ii). It means a specific location at which a structure that is designed or 
intended to be used to house or accommodate antennas or other transmitting or receiving 
equipment is located. This includes, without limitation, towers of all types and all kinds of support 
structures, including but not limited to buildings, church steeples, silos, water towers, signs, utility 
poles, or any other structure that is used or is proposed to be used as a telecommunications structure 
for the placement, installation and/or attachment of antennas or the functional equivalent of such. 
It expressly includes all related facilities and equipment such as cabling, radios and other electronic 
equipment, equipment shelters and enclosures, cabinets, and other structures enabling the complex 
to provide personal wireless services.  
 
PROBATIVE EVIDENCE  
Evidence which tends to prove facts, and the more a piece of evidence or testimony proves a fact, 
the greater its probative value, as shall be determined by the Town Council, as the finder-of-fact in 
determining whether to grant or deny applications for special permits under this provision of the 
Town Code.  
  
REPAIRS  
The replacement or repair of any components of a wireless facility or complex where the 
replacement is substantially identical to the component or components being replaced, or for any 
matters that involve the normal repair and maintenance of a wireless facility or complex without 
the addition, removal, or change of any of the physical or visually discernible components or 
aspects of a wireless facility or complex that will impose new visible intrusions of the facility or 
complex as originally permitted.  
  
RF  
Radiofrequency.  
  
RF RADIATION  
Radiofrequency radiation. That being electromagnetic radiation, which is a combination of electric 
and magnetic fields that move through space as waves, and can include both Non-Ionizing 
radiation and Ionizing radiation.  
  
SECTION 106 REVIEW  
A review under Section 106 of the National Historic Preservation Act.  
  
SETBACK  
For purposes of special use permit applications, a setback shall mean the distance between (a) any 
portion of a personal wireless facility and/or complex, including but not limited to any and all 
accessory facilities and/or structures, and (b) the exterior line of any parcel of real property or part 
thereof which is owned by, or leased by, an applicant seeking a special use permit to construct or 
install a personal wireless facility upon such real property or portion thereof. In the event that an

10  
  
applicant leases only a portion of real property owned by a landlord, the setback shall be measured 
from the facility to the line of that portion of the real property that is actually leased by the 
applicant, as opposed to the exterior lot line of the non-leased portion of the property owned by 
the landlord.  
  
SHOT CLOCK  
The applicable period, which is presumed to be a reasonable period within which the Town is 
generally required to issue a final decision upon an application seeking special use permit approval 
for the installation or substantial modification of a personal wireless services facility or structure 
to comply with Section 47 U.S.C. §332(c)(7)(B)(ii) of the TCA.  
  
SHPO  
The Arizona State Historic Preservation Office  
  
SITE DEVELOPER or SITE DEVELOPERS  
Individuals and/or entities engaged in the business of constructing wireless facilities and wireless 
facility infrastructure and leasing space and/or capacity upon, or use of, their facilities and/or 
infrastructure to wireless carriers. Unlike wireless carriers, site developers generally do not 
provide personal wireless services to end-use consumers.   
  
SMALL CELL  
A fixed cellular base station that sends and receives radio signals and is typically mounted upon 
poles or support structures at substantially lower elevations than macrocell facilities.  
  
SMALL WIRELESS FACILITY  
A personal wireless service facility that meets all of the following criteria  
(a) 
The facility does not extend the height of an existing structure to a total     
 
  
cumulative height of more than fifty (50) feet from ground level to 
the top of the    
  
structure, and any equipment affixed thereto;  
(b) 
Each antenna associated with the deployment is no more than three (3) cubic feet  
in volume;  
(c) 
All wireless equipment associated with the facility, including any pre-existing  
equipment and any proposed new equipment, cumulatively total no more than  
twenty-eight (28) cubic feet in volume;  
(d) 
The facility is not located on tribal land; and  
(e) 
The facility will not result in human exposure to radiofrequency radiation in  
excess  of the applicable FCC safety standards set forth within Table 1 of   47 
CFR §1.1310(E)(1).  
  
SPECIAL USE PERMIT  
The official document or permit granted by the Town Council pursuant to which an applicant is 
allowed to file for and obtain a building permit to construct and use a personal wireless services 
facility, personal wireless service equipment, and/or any associated structures and/or equipment

11  
  
which are used to house, or be a part of, any such facility or complex, or to be used to provide 
personal wireless services.  
  
STATE  
The State of Arizona.  
  
STEALTH or STEALTH TECHNOLOGY  
A design or treatment that minimizes adverse aesthetic and visual impacts on the land, property, 
buildings, and other facilities adjacent to, surrounding, and generally in the same area as the 
requested location of such personal wireless service facilities. This shall mean building the least 
visually and physically intrusive facility and complex under the facts and circumstances.   
  
STRUCTURE  
A pole, tower, base station, or other building, physical support of any form used for, or to be used 
for, the provision of personal wireless service.  
  
SUBSTANTIAL EVIDENCE  
Substantial Evidence means such relevant evidence as a reasonable mind might accept as 
adequate to support a conclusion. It means less than a preponderance but more than a scintilla of 
evidence.  
  
TCA  
The Telecommunications Act of 1996, 47 U.S.C. §332(c)  
  
TOLLING or TOLLED  
The pausing of the running of the time period permitted under the applicable shot clock for the 
respective type of application for a personal wireless services facility. Where a shot clock is tolled 
because an application has been deemed incomplete and timely notice of incompleteness was 
mailed to the applicant, the submission of additional materials by the applicant to complete the 
application will end the tolling, thus causing the shot clock period to resume running, as opposed 
to causing the shot clock to begin running anew.  
  
TOWER, TELECOMMUNICATIONS TOWER  
Any structure designed primarily to support one or more antennas and/or equipment used or 
designed for receiving and/or transmitting a wireless signal.  
  
TOWN  
The Town of Fountain Hills.  
  
TOWN CODE  
The Zoning Code of the Town of Fountain Hills.  
  
Commented [JW6]: Similar, longer definition in Section 
17.02

12  
  
UNDERTAKING  
Any application for a special use permit seeking Council approval for the installation of a personal 
wireless services facility licensed under the authority of the FCC shall constitute an undertaking 
within the meaning of NEPA, in accord with 42 CFR §137.289 and 36 CFR §800.16.  
  
WIRELESS CARRIERS or CARRIER  
Companies that provide Personal Wireless Services to end-use consumers.  
  
ZONING ORDINANCE  
The Zoning Ordinance of the Town of Fountain Hills, as codified in Chapter 1, §1.01 of the 
Town Code.  
  
§17-3   
Application Types  
  
There shall be four (4) specific types of applications for special use permits under this section, 
which shall include Type I, Type II, Type III, and Type IV applications. It shall be the obligation  
of any applicant to explicitly and correctly identify which type of application they are filing.  
  
1. 
Type I Applications  Colocations of Small Wireless Facilities  
  
Type I applications shall be limited to applications wherein an applicant seeks to co-locate a new 
small wireless facility, as defined in this Chapter, by installing new personal wireless service 
equipment upon an already existing small personal wireless services facility structure.   
  
If the completed facility would still meet the physical limits and requirements to meet the definition  
of a small wireless facility after the installation of the new equipment, then the application to install  
such new equipment is a Type I application.  
  
Type I applications for co-location of a small wireless facility in a public right of way as set forth 
in A.R.S. §9-592(J) and A.R.S. §9-593(C) shall be a permitted use with a building permit.  
  
Type I applications for co-location of a small wireless facility in all other areas or zones shall 
require an applicant to obtain a special use permit from the Town Council.  
  
  
2. 
Type II Applications  Co-locations that do not meet the definition of a Small Wireless 
Facility.  
  
Type II applications shall be limited to applications wherein an applicant is seeking to co-locate 
new personal wireless service equipment by installing such new wireless equipment upon an 
already existing personal wireless services facility structure, tower, or complex which does not 
meet the definition of a small wireless facility or which will not meet the definition of a small 
wireless facility if and when the proposed new personal wireless service equipment is installed 
upon the existing facility and/or structure. Type II applications for co-location of personal wireless 
Commented [JW7]: Adopted ordinance Section 17.04 
covers application types.

13  
  
service facility equipment shall either be a permitted use with a building permit or a special use 
permit, as set forth below.  
  
The co-location of personal wireless service facility equipment on an approved PWSF tower or  
PWSF structure on property within C-O Commercial Office Zoning District; C-C Common 
Commercial Zoning District; C-1 Neighborhood Commercial Professional District; C-2  
Intermediate Commercial Zoning District; C-3 General Commercial Zoning District; IND-1 
Planned Industrial Zoning District; IND-2 Light Industrial Zoning District; and UT Utility Zoning 
District is a permitted use subject to the issuance of a building permit, provided that the Town 
Engineer determines that the proposed co-location will not:  
  
(a) 
Increase the approved height of the supporting structure by more than 15%;  
(b) 
Cause the original approved number of antennas to be exceeded by more than   
  
  
50%;  
(c) 
Increase the original approved square footage of accessory buildings by more than  
  
  
200 square feet;   
(d) 
Add new or additional 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.   
If the Town Engineer cannot make the findings above, special use permit and site plan approvals 
will be required in accord with the provisions of the Zoning Ordinance, and the Town Engineer 
shall refer the application to the Town Council, where it will be subject to the terms and 
conditions specified in the requirements and standards in this Chapter as part of the  special use 
permit and site plan review process.  
  
The co-location of personal wireless service facility equipment on an approved PWSF tower or 
PWSF structure on property within all other zoning districts shall require a special permit and 
site plan approvals as provided in this Chapter.  
  
3. 
Type III Applications   
New Small Wireless Facilities   
  
Type III applications shall be limited to applications seeking to install and/or construct a new small 
wireless facility, as defined in Section §17-2 hereinabove, which is not collocated in a public right 
of way.  
  
Type III applications shall require applicants to obtain a special use permit and site plan 
approvals from the Town Council in all zoning districts.  
  
  
4. 
Type IV Applications   
New Towers and All Other Wireless Facilities   
  
Commented [JW8]: Adopted ordinance allows co-location 
in any district provided it meets the criteria below and is 
consistent with the adopted SUP if one was required. 
Commented [JW9]: Modified to 10% or 20 feet in 
adopted ordinance based on established FCC critera 
Commented [JW10]: Used in adopted ordinance Sections 
17.04 A. 2.  and 4. 
Commented [JW11]: Adopted ordinance Section 17.04 B. 
1. conveys the same requirement that the request does not 
meet the listed standards then it must receive public review. 
Commented [JW12]: In the adopted code new small cell 
wireless not in the ROW are treated the same as any other 
wireless facility. 
Commented [JW13]: This section is basically the same as 
adopted ordinance Section 17.04 B.  Any application that 
does not meet the criteria in A for administrative review 
requires public review.

14  
  
Type IV applications shall include applications for the installation of a new telecommunications 
tower, personal wireless service facility, complex, structure, or equipment that does not meet the 
criteria for Type I, Type II, or Type III applications.  
  
Type IV applications shall require applicants to obtain a special use permit and site plan 
approvals  from the Town Council in all zoning districts.  
  
§17-4  Shot Clock Periods  
  
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 herein below shall be presumed to be reasonable periods  
within which the Town Council shall render determinations upon special use permit  applications 
for personal wireless service facilities.  
  
The Town Council 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  
Council and/or Town’s controls, as addressed within subsections §17-15, §17-16, §17-17 and  
§17-18 herein below.  
  
1.  
Type I Applications  Colocations of Small Wireless Facilities  
  
  
  
  
Sixty (60) Days  
  
Unless extended by agreement, tolled, or subject to reasonable delays, the Town Council shall  
issue a written decision upon a Type I application within sixty (60) days from the date when the 
Town receives a Type I application.   
  
Upon receipt of a Type I application, the Town Engineer shall review the application for 
completeness. If the Town Engineer determines the application is: (a) incomplete, (b) missing 
required application materials, (c) is the wrong type of application, or (d) is otherwise defective, 
then, within ten (10) days of the Town’s receipt of the application, the Town Engineer, or their 
designee, shall mail the applicant a Notice of Incompleteness by first class mail, to the Notice 
Address provided by the applicant.   
  
Within such Notice of Incompleteness, the Town Engineer shall advise the applicant, with 
reasonable clarity, of the defects within its application, including a description of such matters as 
what items are missing from the application and/or why the application is incomplete and/or 
defective.  
  
The mailing of a Notice of Incomplete Application by the Town Engineer shall toll the sixty (60) 
day shot clock, which shall not thereafter resume running unless and until the applicant tenders an 
additional submission to the Town Engineer to remedy the issues the Town Engineer identified in 
the Notice of Incomplete Application, which they had mailed to the applicant. The submission of 
Commented [JW14]: Shot clocks in adopted ordinance 
are addressed in Section 17.05 B. 
 
Because of the different structure did not use the exact 
wording but included the same time frames.

15  
  
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 Town Engineer determines that 
the application is still incomplete and/or defective, then the Town Engineer shall, once again, mail 
a Notice of Incompleteness within ten (10) days 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.  
  
2. Type II Applications  Colocations on existing Towers, Structures, or other Facilities which do 
not meet the definition of a Small Wireless Facility. Ninety (90) Days  
  
Unless extended by agreement, tolled, or subject to reasonable delays, the Town Council shall  
issue a written decision upon a Type II application within ninety (90) days from the date when 
the Town receives a Type II application.  
  
Upon receipt of a Type II application, the Town Engineer shall review the application for 
completeness. If the Town Engineer determines the application is: (a) incomplete, (b)  missing 
required application materials, (c) is the wrong type of application, or (d) is otherwise  
defective, then, within thirty (30) days of the Town’s receipt of the application, the Town 
Engineer, or their designee, shall mail the applicant a Notice of Incompleteness by first class  
mail to the Notice Address provided by the applicant.   
  
Within such Notice of Incompleteness, the Town Engineer shall advise the applicant, with 
reasonable clarity of the defects within its application, including a description of such matters as 
what items are missing from the application and/or why the application is incomplete and/or  
defective.  
  
The mailing of a Notice of Incomplete Application by the Town Engineer shall toll the ninety 
(90) day shot clock, which shall not thereafter resume running unless and until the applicant 
tenders an additional submission to the Town Engineer to remedy the issues the  
Town Engineer identified in the Notice of Incomplete Application, which they had mailed to the 
applicant.   
  
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 Town Engineer determines that 
the application is still incomplete and/or defective, then the Town Engineer shall, once again, 
mail a Notice of Incompleteness within ten (10) days of the applicant having filed its 
supplemental or corrected materials to the Town. The shot clock shall be tolled again, and the 
same procedure provided hereinabove shall be repeated.

16  
  
3.  
Type III Applications   
New Small Wireless Facilities   
  
  
  
  
  
Sixty (60) Days  
  
Unless extended by agreement, tolled, or subject to reasonable delays, the Town Council shall  
issue a written decision upon a Type III application within sixty (60) days from the date when the 
Town receives a Type III application.  
  
Upon receipt of a Type III application, the Town Engineer shall review the application  for 
completeness. If the Town Engineer determines the application is: (a) incomplete, (b)  
missing required application materials, (c) is the wrong type of application, or (d) is otherwise  
defective, then, within ten (10) days of the Town’s receipt of the application, the Town 
Engineer, or their designee, shall mail the applicant a Notice of Incompleteness by first class  
mail to the Notice Address that the applicant has provided.   
  
Within such Notice of Incompleteness, the Town Engineer shall advise the applicant, with 
reasonable clarity, the defects within its application, including a description of such matters as  
what items are missing from the application, and/or why the application is incomplete and/or  
defective.  
  
The mailing of a Notice of Incomplete Application by the Town Engineer shall toll the sixty  
(60) day shot clock, which shall not thereafter run unless and until the applicant tenders 
an additional submission to the Town Engineer to remedy the issues the  
Town Engineer identified in the Notice of Incomplete Application, which they had mailed to the 
applicant.   
  
The submission of any responsive materials by the applicant shall automatically cause the shot  
clock period to start running anew, consistent the 47 CFR §1.6003(d).  
  
If upon receipt of any additional materials from the applicant, the Town Engineer  determines 
that the application is still incomplete and/or defective, then the Town Engineer  shall, once 
again, mail a Notice of Incompleteness within ten (10) days 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.  
  
4.  
Type IV Applications   
New Towers and All Other Wireless Facilities  
  
  
  
  
  
One Hundred Fifty (150) Days  
  
Unless extended by agreement, tolled, or subject to reasonable delays, the Town Council shall  
issue a written decision upon a Type IV application within one hundred fifty (150) days from the 
date when the Town receives a Type IV application.  
  
Upon receipt of a Type IV application, the Town Engineer shall review the application for 
completeness. If the Town Engineer determines the application is: (a) incomplete, (b)  missing 
required application materials, (c) is the wrong type of application, or (d) is otherwise

17  
  
defective, then, within thirty (30) days of the Town’s receipt of the application, the Town 
Engineer, or their designee, shall mail the applicant a Notice of Incompleteness by first class  
mail to the Notice Address provided by the applicant.   
  
Within such Notice of Incompleteness, the Town Engineer shall advise the applicant, with 
reasonable clarity, the defects within its application, including a description of such matters as  
what items are missing from the application, and/or why the application is incomplete and/or  
defective.  
  
The mailing of a Notice of Incomplete Application by the Town Engineer shall toll the one hundred 
fifty (150) day shot clock, which shall not thereafter resume running unless and until the applicant 
tenders an additional submission to the Town Engineer to remedy the issues the Town Engineer 
identified in the Notice of Incomplete Application, which they had mailed to the applicant.   
  
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 Town Engineer determines 
that the application is still incomplete and/or defective, then the Town Engineer shall, once  
again, mail a Notice of Incompleteness within ten (10) days 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 hereinabove shall be repeated.  
  
§17-5   
Shot Clock Tolls, Extensions & 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 Section §17-4 hereinabove shall generally be  presumed 
to be sufficient periods within which the Town Council shall render decisions upon  special 
permit applications.  
Notwithstanding same, the applicable shot clock periods may be tolled, extended by mutual  
agreement between any applicant and/or its representative and the Town Council, and the  Town 
Council 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.  
  
1.  
Tolling of the Applicable Shot Clock Due   
  
to Incompleteness and/or Applicant Error  
  
As provided for within Section §17-4 hereinabove, in the event that the Town Engineer deems an 
application incomplete, the Town Engineer 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.   
  
Commented [JW15]: Adopted ordinance Section 17.05 B. 
2.

18  
  
If the Town Engineer mails 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 Council 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 Town Engineer 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.  
  
2.  
Shot Clock Extension by Mutual Agreement  
  
The Town Council, in its sole discretion, shall be free to extend any applicable shot clock period 
by mutual agreement with any respective applicant. This discretion on the part of the Council 
shall include the Council’s authority to request, at any time, and for any period of time the 
Council may deem reasonable or appropriate under the circumstances, consent from a  respective 
applicant to extend the applicable shot clock period to enable the Council, 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 
Council, 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 Council, 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 Council 
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 Council within the hearing process.  
  
3.  
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  a 
special permit application for a personal wireless facility cannot reasonably be completed within 
the application shot clock periods delineated within Section §17-4 hereinabove.

19  
  
If, despite the exercise of due diligence by the Town and the Town Council, the determination  
regarding a specific application cannot reasonably be completed within the applicable shot clock 
period, the Council 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.  
  
Reasonable delays that may constitute proper grounds for extending the presumed sufficient  
periods for rendering determinations under the applicable shot clock periods may include but are 
not necessarily limited to, those set forth within Sections §17-15, §17-16, §17-17, and §17-18 
herein below.  
  
§17-6   
Application Requirements  
  
Applications for special use permits under this section shall be made to the Town Engineer, who 
shall initially determine whether or not the application is complete and/or free of defects upon 
receipt of the same.   
  
If the Town Engineer determines that the application is defective or incomplete, they shall 
promptly mail a Notice of Incompleteness to the applicant, in accord with §17-4 to toll the 
applicable shot clock, to ensure that the Town and the Town Council are afforded sufficient time 
to review and determine each respective application.  
  
Each application shall include the following materials, the absence of any one of which listed 
hereinbelow shall render the respective application incomplete:  
  
1.   
Special Use Permit and Site Plan Applications  
  
Completed applications for a special use permit and site plan that shall identify all 
applicants, co-applicants, site developer(s), and wireless carrier(s) on whose behalf the 
application is being submitted, as well as the property owner of the proposed site.  
  
  
2.  
Filing Fees  
  
  
The appropriate filing fees then being charged by the Town for applications for special  
 use permit applications, site plan applications, and other related applications.  
  
3.  
A “Notice Address”  
  
  
A “Notice Address,” that being a specific address to which the Town, Town Council, 
and/or Town Engineer may mail any type of notice, and that the mailing of same to such 
address shall constitute sufficient notice to any applicant, co-applicant, and/or their 
Commented [JW16]: Note: In adopted ordinance there are 
three additional provision stated in Section 17.05 B. 2. c. 
regarding the tolling of shot clocks. 
Commented [JW17]: Direct wording from this section 
was not  used in the adopted ordinance, but most of the same 
requirements are included, differences are noted below. 
 
See adopted ordinance Section 17.05 A for application 
requirements. 
Commented [JW18]: Adopted ordinance Section 17.05 C. 
3. states requirement to follow Section 2.02 for public review 
applications, includes site plan submittal. 
Commented [JW19]: Requirement to pay a fee is in 
adopted ordinance Section 17.05 A. 7. 
Commented [JW20]: Contact information is a standard 
part of an application submittal, did not include this level of 
detail in the adopted ordinance.

20  
  
attorney, to comply with any requirement under this section as well as any local, state 
and/or federal law  
  
4.  
Proof of Authorization for Site Occupancy  
  
Where an applicant is not the owner of the real property upon which it seeks to install its 
equipment or facility, it shall submit proof of authorization to occupy the site at issue. If 
the applicant is leasing all or a portion of real property upon which it intends to install 
its new facility or equipment, then the applicant shall provide a written copy of its lease 
with the owner of such property. The applicant may redact any financial terms contained 
within the lease, but it shall not redact any portion of the lease which details the amount 
of area leased nor the specific portion of the real property to which the applicant has 
obtained the right to occupy, access, or preclude others from entering.  
  
Where an applicant seeks to Co-Locate new equipment into an existing facility, it shall 
provide a copy of its written co-location agreement with the owner of such pre-existing 
facility, from which it may redact any financial terms.  
  
5.  
A Drawn-To-Scale Depiction   
  
The applicant shall submit drawn-to-scale depictions of its proposed wireless support 
structure and all associated equipment to be mounted thereon or to be installed as part of 
such facility, which shall clearly and concisely depict all equipment and the 
measurements of same to enable the Town Engineer to ascertain whether the proposed 
facility would qualify as a small wireless facility as defined under this Chapter.  
  
If the applicant claims that its proposed installation qualifies as a small wireless facility 
within this Chapter, the drawn-to-scale depiction shall include complete calculations for 
all of the antennas and equipment of which the facility will be comprised, depicting that, 
when completed, the installation and equipment will meet the physical size limitations 
which enable the facility to qualify as a small wireless facility.  
  
  
6.  
Site plan   
  
The applicant shall submit a site plan and site plan application in accordance with §2.04 
of the Zoning Ordinance. The site plan shall show all existing and proposed structures 
and improvements, including antennas, roads, buildings, guy wires and anchors, parking, 
and landscaping. It shall include grading plans for new facilities and roads. Any methods 
used to conceal the modification of the existing facility shall be indicated on the site plan.  
  
7.  
Engineer’s Report  
  
  
To the extent that an application proposes the co-location of new equipment onto an 
existing tower or facility, the applicant shall provide an engineer's report certifying that 
Commented [JW21]: Authorization by the property owner 
is a standard application requirement, did not include a 
specific requirement in the adopted ordinance. 
Commented [JW22]: Required in adopted ordinance 
Section 17.05 A. 5 and 6. a and 17.05 C. 3. a. 
Commented [JW23]: Required in adopted ordinance 
Section 17.05 A. 5 and 6. a and 17.05 C. 3. a. 
Commented [JW24]: See adopted ordinance Section 
17.03 A. 12 and 13.

21  
  
the proposed shared use will not diminish the structural integrity and safety of the 
existing structure and explaining what modifications, if any, will be required in order to 
certify to the above.  
  
8.  
Environmental Assessment Form  
  
  
A completed environmental assessment form (EAF) and a completed visual EAF  
 addendum if required by ADEQ.    
  
  
9.  
Visual Impact Analysis  
  
A completed visual impact analysis, which, at a minimum, shall include the following:  
  
(a) 
Small Wireless Facilities  
  
For applications seeking approval for the installation of a small wireless facility, the 
applicant shall provide a visual impact analysis which shall include photographic images 
taken from the perspectives of the properties situated in closest proximity to the location 
being proposed for the siting of the facility, as well as those properties which would 
reasonably be expected to sustain the most significant adverse aesthetic impacts due to 
such factors as their close proximity to the site, their elevation relative to the site, the 
existence or absence of a “clear line of sight” between the tower location and their 
location.  
  
(b) 
Telecommunications Towers and Personal Wireless Service Facilities which do not 
meet the definition of a Small Wireless Facility  
  
For applications seeking approval for the installation of a telecommunications tower or a 
personal wireless service facility that does not meet the definition of a small wireless 
facility, the applicant shall provide:  
  
(i) 
A “Zone of Visibility Map” to determine locations from where the new facility 
will be seen.  
  
(ii) 
A visual impact analysis which shall include photographic images taken  
from the perspectives of the properties situated in closest proximity to the 
location being proposed for the siting of the facility, as well as those 
properties which would reasonably be expected to sustain the most 
significant adverse aesthetic impacts due to such factors as their close 
proximity to the site, their elevation relative to the site, the existence or 
absence of a “clear line of sight” between the tower location and their 
location.  
  
Commented [JW25]: Not in adopted ordinance. 
Commented [JW26]: See provisions in adopted ordinance 
Sections 17.03 A. 3. f., and 17.05 A. 6. a.

22  
  
  
The photographic images shall depict the height at which the proposed 
facility shall stand when completed, including all portions and proposed 
attachments to the facility, including, but not limited to, the main support 
structure, all antennas, transmitters, whip antennas, lightning rods, t-bars, 
crossbars, and cantilever attachments which shall, in whole or in part, be 
affixed to it, any and all surrounding equipment compound(s), fencing, 
cellular equipment cabinets, transformers, transformer vaults and/or 
cabinets, sector distribution boxes, ice bridges, backup generators, switch 
boxes etc., to the extent that any of such compound and/or equipment will 
be visible from properties other than the property upon which the 
proposed tower and compound are to be installed.  
  
  
The visual impact analysis shall include an assessment of alternative designs and 
color schemes, as well as an assessment of the visual impact of the proposed 
facility, taking into consideration any supporting structure which is to be 
constructed, as well as its base, guy wires, accessory structures, buildings, and 
overhead utility lines from abutting properties and streets.   
  
10.  
Alternative Site Analysis  
  
  
A completed alternative site analysis of all potential less intrusive alternative sites which 
the applicant has considered, setting forth their respective locations, elevations, and 
suitability or unsuitability for remedying whatever specific wireless coverage needs the 
respective applicant or a specific Wireless Carrier is seeking to remedy by the installation 
of the new facility which is the subject of the respective application for a special use 
permit.  
 
  
If, and to the extent that an applicant claims that a particular alternative site is 
unavailable, in that the owner of an alternative site is unwilling or unable to 
accommodate a wireless facility upon such potential alternative site, the applicant shall 
provide probative evidence of such unavailability, whether in the form of 
communications or such other form of evidence that reasonably establishes same.  
  
  
The alternative site analysis shall contain:   
  
  
(a) 
an inventory of all existing tall structures and existing or approved 
communications towers within a two-mile radius of the proposed site.  
(b) 
a map showing the exact location of each site inventoried, including latitude and 
longitude (degrees, minutes, seconds), ground elevation above sea level, the 
height of the structure and/or tower, and accessory buildings on the site of the 
inventoried location.  
(c) 
an outline of opportunities for shared use of an existing wireless facility as 
opposed to the installation of an entirely new facility.   
Commented [JW27]: See adopted ordinance Section 
17.05 A. 6 h. and 17.05 C. 3. c.

23  
  
(d) 
a demonstration of good-faith efforts to secure shared use from the owner of each 
potential existing tall structure and existing or approved communications tower, 
as well as documentation of the physical, technical, and/or financial reasons why 
shared usage is impractical in each case.   
  
11.  
FCC Compliance Report  
  
  
An FCC compliance report, prepared by a licensed engineer, and certified under penalties 
of perjury, that the content thereof is true and accurate, wherein the licensed engineer 
shall certify that the proposed facility will be FCC compliant as of the time of its 
installation, meaning that the facility will not expose members of the general public to 
radiation levels that exceed the permissible radiation limits which the FCC has set.  
  
  
If it is anticipated that more than one carrier and/or user is to install transmitters into the 
facility, the FCC compliance report shall take into account anticipated exposure from all 
users on the facility and shall indicate whether or not the combined exposure levels will 
or will not exceed the permissible General Population Exposure Limits, or alternatively, 
the occupational Exposure Limits, where applicable. 
   
  
Such FCC Compliance Report shall provide the calculation or calculations with which 
the engineer determined the levels of RF radiation and/or emissions to which the facility 
will expose members of the general public.   
  
  
On the cover page of the report, the report shall explicitly specify: (a) Whether the 
applicant and their engineer are claiming that the applicable FCC limits based upon 
which they are claiming FCC compliance are the General Population Exposure Limits or 
the Occupational Exposure Limits. If the applicant and/or their engineer are asserting that 
the Occupational Exposure Limits apply to the proposed installation, they shall detail a 
factual basis as to why they claim that the higher set of limits is applicable, (b) The exact 
minimum distance factor, measured in feet, which the applicant’s engineer used to 
calculate the level of radiation emissions to which the proposed facility will expose 
members of the general public. The minimum distance factor is the closest distance (i.e., 
the minimum distance) to which a member of the general public shall be able to gain 
access to the transmitting antennas mounted upon, or which shall be a part of, the 
proposed facility.  
  
12.    
FCC License  
  
A copy of any applicable Federal Communications Commission license possessed by any 
carrier named as an applicant, co-applicant, or whose equipment is proposed for 
installation as of the time the application is being filed with the Town.  
  
  
Commented [JW28]: See adopted ordinance Section 
17.05 A. 6. j. 
Commented [JW29]: Not in adopted ordinance.

24  
  
13.  
Effective Prohibition Claims  
  
The Town is aware that applicants seeking approvals for the installation of new wireless 
Facilities often assert that federal law, and more specifically the TCA, prohibits the local 
government from denying their respective applications.  
  
In doing so, they assert that their desired facility is “necessary” to remedy one or more 
significant gaps in a carrier’s personal wireless service, and they proffer computer 
generated propagation maps to establish the existence of such purported gaps.  
  
The Town is additionally aware that, in August 2020, driven by a concern that 
propagation maps created and submitted to the FCC by wireless carriers were inaccurate, 
the FCC caused its staff to perform actual drive tests, wherein the FCC staff performed 
24,649 tests, driving nearly ten thousand (10,000) miles through nine (9) states, with an 
additional 5,916 stationary tests conducted at 42 locations situated in nine (9) states.  
  
At the conclusion of such testing, the FCC Staff determined that the accuracy of the 
propagation maps submitted to the FCC by the wireless carriers had ranged from as little 
as 16.2% accuracy to a maximum of 64.3% accuracy.   
  
As a result, the FCC Staff recommended that the FCC no longer accept propagation maps 
from wireless carriers without supporting drive test data to establish their accuracy. A 
copy of the FCC Staff’s 66-page report is made a part of this Chapter as Appendix 1. The 
Town considers it of critical import that applicants provide truthful, accurate, complete, 
and sufficiently reliable data to enable the Town Council to render determinations upon 
applications for new wireless facilities consistent with this Chapter's requirements and 
the TCA's statutory requirements.  
 
Consistent with same, if, at the time of filing an application under this Chapter, an 
applicant intends to assert before the Town Council or the Town that: (a) an identified 
wireless carrier suffers from a significant gap in its personal wireless services within the 
Town, (b) that the applicant’s proposed installation is the least intrusive means of 
remedying such gap in services, and/or (c) that under the circumstances pertaining to the 
application, a denial of the application by the Town Council would constitute an 
“effective prohibition” under Section 47 U.S.C. §332 the TCA, then, at the time of filing 
such application, the applicant shall be required to file a written statement which shall be 
entitled:  
  
  
  
“Notice of Effective Prohibition Conditions”  
  
If an applicant files a Notice of Effective Prohibition Conditions, then the applicant shall 
be required to submit Probative Evidence to enable the Town Council to reasonably 
determine: (a) whether or not the conditions alleged by the respective applicant exist, (b) 
whether there exists a significant gap or gaps in an identified wireless carrier’s personal 
wireless services within the Town, (c) the geographic locations of any such gaps, and (d) 
Commented [JW30]: Not in adopted ordinance.

25  
  
the geographic boundaries of such gaps, to enable the Town Council to determine 
whether granting the respective application would be consistent with the requirements of 
this Chapter and the legislative intent behind same, and whether or not Federal law would 
require the Town Council to grant the respective application, even if it would otherwise 
violate the Town Code, including, but not limited to, this Chapter.  
  
  
The additional materials which the applicant shall then be required to provide shall  
 include the following:  
  
  
(a)  
Drive Test Data and Maps  
  
If, and to the extent that an applicant claims that a specific wireless carrier suffers from a 
significant gap in its personal wireless services within the Town, the applicant shall 
conduct or cause to be conducted a drive test within the specific geographic areas within 
which the applicant is claiming such gap or gaps exist, for each frequency at which the 
carrier provides personal wireless services. The applicant shall provide the Town and the 
Town Council with the actual drive test data recorded during such drive test, in a simple 
format which shall include, in table format:  
  
(i) 
the date and time for the test or tests,   
(ii) 
the location, in longitude and latitude, of each point at which signal strength was recorded 
and   
(iii) 
each signal strength recorded, measured in DBM, for each frequency.  
  
  
Such data is to be provided in a separate table for each frequency at which the respective  
 carrier provides personal wireless services to any of its end-use customers.  
  
(iv) 
The applicant shall also submit drive test maps depicting the actual signal strengths 
recorded during the actual drive test for each frequency at which the carrier provides 
personal wireless services to its end-use customers.  
  
  
If an applicant claims that it needs a “minimum” signal strength (measured  
in DBM) to remedy its gap or gaps in service, then for each frequency, the 
applicant shall provide three (3) signal strength coverage maps reflecting 
actual signal strengths in three (3) DBM bins, the first being at the alleged 
minimum signal strength, and two (2) additional three (3) DBM bin maps 
depicting signal strengths immediately below the alleged minimum signal 
strength claimed to be required.    
  
  
By way of example, if the applicant claims that it needs a minimum signal 
strength of – 95 DBM to remedy its alleged gap in service, then the 
applicant shall provide maps depicting the geographic area where the gap 
is alleged to exist, showing the carrier’s coverage at – 95 to -98 DBM, -99

26  
  
to -101 DBM, and -102 to -104 DBM, for each frequency at which the 
carrier provides personal wireless services to its end-use customers.  
  
  
  
  
 
(b)  
Denial of Service and/or Dropped Call Records  
  
If and to the extent that an applicant claims that a specific wireless carrier suffers from a 
capacity deficiency or a gap in service that renders the carrier incapable of providing 
adequate coverage of its personal wireless services within the Town, then the applicant 
shall provide dropped call records and denial of service records evidencing the number 
and percentage of calls within which the carrier’s customers were unable to initiate, 
maintain and conclude the use of the carrier’s personal wireless services without actual 
loss of service, or interruption of service.  
  
14.  
Estimate for Cost of Removal of Facility  
  
A written estimate for the cost of the decommissioning, and removal of the facility, 
including all equipment that comprises any portion or part of the facility, compound, and/or 
complex, as well as any accessory facility or structure, including the cost of the full 
restoration and reclamation of the site, to the extent practicable, to its condition before 
development in accord with the decommissioning and reclamation plan required herein  
  
15.  
Property Owner Consent & Liability Acknowledgement  
  
A signed written consent from each owner of the subject real property upon which the 
respective applicant is seeking installation of its proposed personal wireless service 
facility, wherein the owner or owners both authorize the applicant to file and pursue its 
special use permit application and acknowledge the potential landowner’s responsibility, 
under section §17-11 for engineering, legal and other consulting fees incurred by the 
Town.  
  
§17-7   
Design Standards  
  
  
The following design standards shall apply to all applications for the siting, construction,  
 maintenance, use, erection, movement, reconstruction, expansion, material change, or  
 structural alteration of a personal wireless service facility.  
  
1. 
Small Wireless Facilities  
  
  
Small Wireless Facilities (SWF) shall be sited to inflict the minimum adverse impacts 
 upon individual residential properties and, specifically, to minimize, to the greatest extent 
 reasonably feasible, adverse aesthetic impacts upon residential homes or reductions in the 
property values of same.  
Commented [JW31]: Not in adopted ordinance. 
Commented [JW32]: Not in adopted ordinance. 
Commented [JW33]: Design standards for SWF in ROW 
covered in separate document.  SWF not in ROW must meet 
the same design standards as other cell towers.  See adopted 
ordinance Section 17.03 A. 3.

27  
  
  
  
SWFs attached to pre-existing wooden and non-wooden poles shall conform to the 
 following criteria:  
  
(a) 
Proposed antenna and related equipment shall meet:   
  
(i) 
design standards which the Town may maintain and update as 
needed, provided that the Town makes its designed standards publicly 
available for review by any potential applicant seeking approval for the 
installation of an SWF within the Town, and  
(ii) 
National Electric Safety Code (NESC) standards, and 
(iii) 
National Electrical Code (NEC) standards.  
  
(b) 
Antennas and antenna equipment, including but not limited to radios, cables, 
associated shrouding, disconnect boxes, meters, microwaves, and conduit, which 
are mounted on poles, shall be mounted as close to the pole as technically 
feasible. They shall not be illuminated except as required by municipal, federal, or 
state authority, provided this shall not preclude deployment on a new or 
replacement streetlight.   
(c) 
Antennas and associated equipment enclosures must be camouflaged to appear as 
an integral part of the pole or be mounted as close to the pole as feasible. 
Conduits and cabinets shall cover all cables and wiring to the extent that it is 
technically feasible, if allowed by the pole owner. The number of conduits shall 
be minimized to the extent technically feasible. To the extent it is technically 
feasible, antennas, equipment enclosures, and all ancillary equipment, boxes, and 
conduits shall match the approximate material and design of the surface of the 
pole or existing equipment to which they are attached.  
  
  
SWFs attached to replacement poles and new poles shall conform to the criteria set 
 forth herein above for SWFs attached to pre-existing wooden and non-wooden poles but   shall 
additionally conform to the following criteria:  
  
(a) 
The Town prefers that wireless providers and site developers install SWFs on 
existing or replacement poles instead of installing new poles, and accordingly, to obtain 
approval for the installation of a new pole, the provider shall be required to document 
that installation on an existing or replacement pole is not technically feasible.  
  
(b) 
To the extent technically feasible, all replacement poles and new poles and pole-
mounted antennas and equipment shall substantially conform to the material and design 
of the pole being replaced, or in the case of a new pole, it shall conform to the nearest 
adjacent pole or poles.  
  
(c) 
The height of replacement poles and new poles shall conform with the height 
limitations applicable to the district within which the applicant seeks to install their

28  
  
proposed SWF unless the applicant obtains a variance to obtain relief from any such 
limitation(s).  
  
2. 
Telecommunications Towers and Personal Wireless Service Facilities which do not meet 
the definition of a Small Wireless Facility  
  
   
The design of a proposed new telecommunications tower or personal wireless service  
 facility shall comply with the following:  
(a) 
The choice of design for installing a new personal wireless service  facility or the 
substantial modification of an existing personal wireless service 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.  
(b) 
Any new telecommunications tower shall be designed to accommodate future 
shared use by other communications providers.  
(c) 
Unless specifically required by other regulations, a telecommunications tower shall 
have a finish (either painted or unpainted) that minimizes its degree of visual 
impact.  
(d) 
Notwithstanding the height restrictions listed elsewhere in this chapter, the  
maximum height of any new telecommunications tower shall not exceed that  which 
shall permit operation without artificial lighting of any kind or nature in  
accordance with municipal, state, and/or federal law and/or regulation. (e) 
Accessory Structures  
(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 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 two square feet indicating the name of 
the facility owner(s) and a twenty-four-hour emergency telephone shall be 
Commented [JW34]: Similar to provisions in adopted 
ordinance Section 17.03 A. 3. 
Commented [JW35]: Adopted ordinance Section 17.03 A. 
3. e.

29  
  
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 on-site 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 article prior to the approval of the special use 
permit use.  
(h) 
Screening.  
(i) 
Deciduous or evergreen 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.  
(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 site noises, such as 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) 
Lighting. Telecommunications towers shall not be lighted except where  
 
FAA/FCC required lighting of the telecommunications towers necessary. 
No   
exterior lighting shall spill from the site in an unnecessary manner.  
(j) 
Access.  
(a) Adequate emergency and service access shall be provided and maintained.  
Maximum use of existing roads, public or private, shall be made. Road 
construction shall always minimize ground disturbance and vegetation cutting 
to the top of fill, the top of cuts, or no more than 10 feet beyond the edge of 
any pavement. Road grades shall closely follow natural contours to assure 
minimal visual disturbance and reduce soil erosion potential.  
(b) To the extent feasible, all network interconnections to and from the 
telecommunications site and all power to the site shall be installed 
underground. At the initial construction of the access road to the site, 
sufficient conduit shall be laid to accommodate the maximum possible 
number of telecommunications providers that might use the facility.  
Commented [JW36]: Adopted ordinance Section 17.03 A. 
3. f. 
Commented [JW37]: Adopted ordinance Section 17.03 A. 
3. g. 
Commented [JW38]: Similar to adopted ordinance 
Section 17.03 A. 3. h. 
Commented [JW39]: Similar to adopted ordinance 
Section 17.03 A. 4.

30  
  
(k) 
Parking. Parking shall be provided to assure adequate emergency and service 
access. The Town Council shall determine the number of required spaces, but in 
no case shall the number of parking spaces be less than two spaces.  
(l) 
Fencing. A fence shall adequately enclose the telecommunications tower and any 
accessory structures, the design of which shall be approved by the Town Council. 
The Town Council may waive this requirement if the applicant demonstrates that 
such measures are unnecessary to ensure the security of the facility.  
§17-8   
Town Council Initial Review  
  
1.  
Initial Review  
  
Upon the acceptance of an application that appears to be complete, the Town Engineer  
 shall transmit the application to the Town Council for initial review.  
The Town Council shall then conduct an initial review to consider whether or not to 
establish itself as Lead Agency pursuant to ADEQ and/or NEPA and whether or not a use 
or area variance is required for the proposed application such that a referral for an 
application to the Board of Adjustment will be required to be made after the Town 
Council has declared itself to serve as Lead Agency and during the process of the Town 
Council considering an ADEQ determination of environmental significance. That 
consideration of granting any required variances by the Board of Adjustment is done 
concurrently with the Town Council’s review and consideration of special permit and site 
plan approval.  
The Town Council shall then conduct a public hearing upon each application and render 
its determinations in accord with Sections §17-9 and §17-10 herein below and shall 
ultimately determine whether or not to grant each applicant a special use permit and/or 
site plan approval.  
§17-9   
Hearings and Public Notices  
  
1.  
Public Hearings  
  
The Town Council shall conduct a public hearing upon each special permit application, 
except the Town Council shall have the authority to schedule such additional or more 
frequent public hearings as may be necessary to comply with the applicable shot clocks 
imposed upon the Town and the Town Council under the requirements of the TCA.  
  
2.  
Required Public Notices  
  
The Town Council shall ensure that both the public and property owners whose 
properties might be adversely impacted by the installation of a wireless facility receive 
Notice of any public hearing pertaining to same and shall ensure that they are afforded an 
opportunity to be heard concerning same.  
  
Commented [JW40]: Similar to adopted ordinance 
Section 17.03 A. 10. 
Commented [JW41]: Not included in the adopted 
ordinance. 
Commented [JW42]: Adopted ordinance just references 
the requirements in the ordinance for SUP, does not repeat 
the notice requirements.

31  
  
Before the date scheduled for the public hearing, the Town Council shall cause to be 
published a  
  
 
  
“NOTICE OF PUBLIC HEARING FOR NEW WIRELESS FACILITY”  
  
Each “Notice of Public Hearing for New Wireless Facility” shall state the name or names 
of the respective applicant or co-applicants, provide a brief description of the personal 
wireless facility for which the applicant seeks a special permit and the date, time, and 
location of the hearing.    
  
Each “Notice of Public Hearing for New Wireless Facility” shall be published both: (a) 
once per week for two successive weeks in the official newspaper of the Town of 
Fountain Hills and (b) by mailing copies of such notice to property owners, as provided 
for herein below.  
  
The face of each envelope containing the notices of the public hearing shall state, in all 
bold typeface, in all capital letters, in a font size no smaller than 12 point, the words:   
  
 
  
“NOTICE OF PUBLIC HEARING FOR NEW WIRELESS FACILITY”  
  
For Type I and Type III applications, notices of public hearing shall be mailed to all 
property owners whose real properties are situated within 300 feet of any property line of 
the real property upon which the applicant seeks to install its new wireless facility. If the 
site for the proposed facility is situated on, or adjacent to, a residential street containing 
twelve (12) houses or less, the Town Council shall additionally mail a copy of such 
notices to all homeowners on that street, even if their home is situated more than 300 feet 
from any property line of the property upon which the applicant proposes to install its 
facility.  
  
For Type II and Type IV applications, the applicant shall mail such notices of public 
hearing to all property owners whose real properties are situated within 1,500 feet of any 
property line of the real property upon which the applicant seeks to install its new 
wireless facility.  
  
The applicant shall additionally post a notice upon the proposed site advising the public 
of the public hearing.  
  
Prior to the date of the hearing, the respective applicant shall file an Affidavit of Mailing, 
attesting to whom the applicant mailed such notices and the content of the notices which 
were mailed to such recipients.  
  
§17-10 Factual Determinations to be Rendered by the Town Council  
  
Commented [JW43]: Not used in the adopted ordinance.

32  
  
1.  
Evidentiary Standards  
  
In determining special use permit applications for personal wireless service facilities, the 
Town Council shall have sole discretion to determine what probative evidence it shall 
require each applicant to produce in support of its application to enable the Council to 
make each of the factual determinations enumerated below.   
  
By way of common examples of the types of evidence that the Council may require an 
applicant to produce are the following:   
  
(a) 
where an applicant is not the owner of the real property upon which it proposes to 
install a new wireless facility, the Council can require the applicant to provide a 
copy of the applicant’s lease with the property owner (including any schedules, 
property descriptions, appendices or other attachments), from which the applicant 
may censor or delete any financial terms which would be irrelevant to the factual 
issues which the Council is required to determine;  
  
(b) 
where the Council deems it appropriate, the Council can require the applicant to 
perform what is commonly known as a “balloon test” and to require the applicant 
to publish a reasonably sufficient advance public notice of same to enable the 
Council, property owners, and the community, an opportunity to assess the actual 
adverse aesthetic impact which the proposed facility is likely to inflict upon the 
nearby properties and surrounding community;  
  
(c) 
where the applicant asserts a claim that a proposed facility is necessary to remedy 
one 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.  
  
(d) 
where the applicant asserts that a potential less intrusive alternative location for a 
proposed facility is unavailable because the owner of the potential alternative site 
is incapable or unwilling to lease space upon such site to the applicant, the 
Council may require the applicant to provide proof of such unwillingness in the 
form of communications to and from such property owner, and/or a sworn 
affidavit wherein a representative of the applicant affirms, under penalty of 
perjury, that they attempted to negotiate a lease with the property owner, what the 
material terms of any such offer to the property owner were, when the offer was 
tendered, and how, if at all, the property owner responded to such offer.  
  
Commented [JW44]: See adopted ordinance Section 
17.05 C. 3. c. viii.

33  
  
The Council shall have sole discretion to determine, among other things, the relevance of 
any evidence presented, the probative value of any evidence presented, the credibility of 
any testimony provided, whether expert or otherwise, and the adequacy of any evidence 
presented.  
  
The Council shall not be required to accept, at face value, any unsupported factual claims 
asserted by an applicant but may require the production of evidence reasonably necessary 
to enable the Council to determine the accuracy of any factual allegations asserted by 
each respective applicant.  
  
Conclusory factual assertions by an applicant shall not be accepted as evidence by the 
Council.  
  
2.  
Factual Determinations  
  
To decide applications for special use permits under this Section, the Town Council shall 
render factual determinations, which shall include two (2) specific types of factual 
determinations, as applicable.  
  
First, the Council shall render local zoning determinations according to Section (a) 
hereinbelow.  
  
Then, if, and only if, an applicant asserts claims that:   
  
(a) 
a denial of its application would effectively prohibit an identified Wireless Carrier 
from providing Personal Wireless Services within the Town, or   
  
(b) 
its proposed wireless facility or installation is necessary to remedy a significant gap 
in personal wireless services for an explicitly identified Wireless Carrier, and that 
its proposed installation is the least intrusive means of remedying a specifically 
identified significant gap or gaps.  
  
The Council shall then additionally render TCA determinations in accord with Section (b) 
herein below.  
  
The Council shall separately record each factual determination it makes in a written 
decision and shall reference, or make note of, the evidence-based upon which it rendered 
each of its factual determinations.  
  
Each factual determination made by the Council shall be based upon Substantial  
Evidence. For purposes of this provision, “Substantial Evidence” shall mean such 
relevant evidence as a reasonable mind might accept as adequate to support a conclusion. 
It means less than a preponderance but more than a scintilla of evidence.  
  
Commented [JW45]: See adopted ordinance Section 
17.05 C. for review and approval criteria.

34  
  
Evidence that the Council may consider shall include any evidence submitted in support 
of an application and any evidence submitted by anyone opposing a respective 
application, whether such evidence is in written or photographic form or whether it is in 
the form of testimony by any expert, or any person who has personal knowledge of the 
subject of their testimony. The Council may, of course, additionally consider as evidence 
any information or knowledge which they, themselves, personally possess and any 
documents, records, or other evidence which is a matter of public record, irrespective of 
whether such public record is a record of the Town, or is a record of or is maintained by, 
another federal, state and/or other governmental entity and/or agency which maintains 
records which are available for, or subject to, public review.  
  
The requirements for specific factual determinations set forth below are intended to enure 
to the benefit of the Town, its residents, and property owners, and not applicants.   
  
If, and to the extent that the Town Council fails to render one or more of such 
determinations, that omission shall not constitute grounds upon which the respective 
applicant can seek to annul, reverse or modify any decision of the Town Council.  
  
  
(a)  
LOCAL ZONING DETERMINATIONS  
  
The Council shall make the following factual determinations as to whether the  
 application meets the requirements for granting a special use permit under this Chapter.  
  
(i) 
Compliance with §2.02  
  
Whether the proposed installation will meet each of the conditions and standards 
set forth within §2.02 in the absence of which the Town Council is not authorized 
to grant a special use permit.  
  
(ii) 
Potential Adverse Aesthetic Impacts  
  
Whether the proposed installation will inflict a significant adverse aesthetic 
impact upon properties located adjacent to, or in close proximity to, the proposed 
site or any other properties situated in a manner that would sustain significant 
adverse aesthetic impacts by the installation of the proposed facility.  
  
(iii) 
Potential Adverse Impacts Upon Real Estate Values  
  
Whether the proposed installation will inflict a significant adverse impact upon 
the property values of properties that are located adjacent to, or in close proximity 
to, the proposed site or properties that are otherwise situated in a manner that 
would cause the proposed installation to inflict a significant adverse impact upon 
their value.  
(iv) 
Potential Adverse Impact Upon the Character of the Surrounding Community

35  
  
  
Whether the proposed installation will be incompatible with the use and/or 
character of properties located adjacent to or in close proximity to the proposed 
site or other properties situated in a manner that would cause the proposed 
installation to be incompatible with their respective use.  
  
(v) 
Potential Adverse Impacts Upon Historic Properties or Historic Districts  
  
Whether the proposed installation will be incompatible with and/or would have an 
adverse impact upon, or detract from the use and enjoyment of, and/or character 
of a historic property, historic site, and/or historic district, including, but not 
limited to, historic structures, properties and/or districts which are listed on, or are 
eligible for listing on, the National Register of Historic Places.    
  
(vi) 
Potential Adverse Impacts Upon Ridgelines or Other Aesthetic Resources of the 
Town  
  
Whether the proposed installation will be incompatible with and/or would have an 
adverse aesthetic impact upon or detract from the use and enjoyment of, and/or 
character of, recognized aesthetic assets of the Town, including, but not limited 
to, scenic areas and/or scenic ridgelines, scenic areas, public parks, and/or any 
other traditionally or historically recognized valuable scenic assets of the Town.     
  
(vii) 
Sufficient Fall Zones  
  
Whether the proposed installation shall have a sufficient fall zone and/or safe 
zone around the facility to afford the general public safety against the potential 
dangers of structural failure, icefall, debris fall, and fire.  
  
(viii) Mitigation  
  
Whether the applicant has mitigated the potential adverse impacts of the proposed 
facility to the greatest extent reasonably feasible. To determine mitigation efforts 
on the part of the applicant, the mere fact that a less intrusive site, location, or 
design would cause an applicant to incur additional expense is not a reasonable 
justification for an application to have failed to propose reasonable mitigation 
measures.  
  
If, when applying the evidentiary standards set forth in subparagraph (a) hereinabove, the 
Town Council determines that the proposed facility would not meet the standards set 
forth within §2.02 or that the proposed facility would inflict one or more of the adverse 
impacts described hereinabove to such a substantial extent that granting the respective 
application would inflict upon the Town and/or its citizens and/or property owners the 
types of adverse impacts which this provision was enacted to prevent, the Town Council

36  
  
shall deny the respective application for a special use permit unless the Council 
additionally finds that a denial of the application would constitute an Effective 
Prohibition, as provided for in Sections (b) and (c) immediately hereinbelow.  
  
  
  
(b)  
TCA DETERMINATIONS  
  
In cases within which an applicant has filed a “Notice of Effective Prohibition 
Conditions,” the Town Council shall determine if a denial of the respective application 
would “Effectively Prohibit” a specifically identified Wireless Carrier from providing 
Personal Wireless Services within any geographic area or areas in the Town.  
  
More specifically, the Town Council shall determine whether a denial of the specific 
application would either: (i) prevent an identified Wireless Carrier from providing 
personal wireless services within a specific geographic area or areas within the Town or 
(ii) would prevent a specific Wireless Carrier from constructing a sufficient number of 
such facilities necessary to enable it to provide Personal Wireless Services within the 
Town.  
  
  
In determining whether a denial of any specific application would constitute an   
“Effective Prohibition,” the Town Council shall determine: (1) whether an applicant has 
established that an identified Wireless Carrier suffers from one or more significant gaps in 
its Personal Wireless Services, and (2) whether its proposed installation is the least 
intrusive means of remedying any such gap or gaps.  
  
  
  
(1)  
Significant Gap in Personal Wireless Services of an Identified Carrier  
  
The Town Council shall determine whether the applicant has established, based 
upon probative evidence provided by the applicant and/or its representative, that a 
specific Wireless Carrier suffers from a significant gap in its personal wireless 
services within the Town.  
  
In rendering such determination, the Council shall consider factors including, but 
not necessarily limited to:  
  
 (a)   
whether the identified Wireless Carrier, which is alleged to suffer from 
any significant gap in their personal wireless services, already provides Adequate 
Service in its Personal Wireless Services to its customers at any frequency being 
used by the carrier to provide personal wireless services to its end-use customers, 
(b)   
whether any such alleged gap is relatively large or small in geographic 
size,   
(c) 
whether the number of the carrier’s customers affected by the gap is 
relatively small or large,   
(d) 
whether or not the location of the gap is situated on a lightly traveled road, 
or sparsely or densely occupied area, and/or

37  
  
(e) 
overall, whether the gap is relatively insignificant or otherwise relatively de 
minimis.  
  
An Effective Prohibition shall not be found to exist under subparagraph (c) 
hereinbelow if a Wireless Carrier has adequate coverage in any specified 
geographic area, such that its end-use customers can use their cellular telephones 
to connect to landlines using the Carrier’s Personal Wireless Services, but the 
frequency at which the customers are using such services is not the frequency 
most desired by the Carrier.  
  
  
  
  
(2)  
Least Intrusive Means of Remedying Gap(s) in Service  
  
The Town Council shall determine whether the applicant has established, based 
upon probative evidence provided by the applicant and/or its representative, that 
the installation of the proposed facility at the specific site proposed by the 
applicant and the specific portion of the site proposed by the applicant, and at the 
specific height proposed by the applicant, is the least intrusive means of 
remedying whatever significant gap or gaps which the applicant has 
contemporaneously proven to exist as determined by the Town Council based 
upon any evidence in support of, and/or in opposition to, the subject application.  
  
In rendering such determination, the Council shall consider factors including, but 
not necessarily limited to:   
  
(a) 
whether the proposed site is the least intrusive location at which a facility 
to remedy an identified significant gap may be located, and the applicant has 
reasonably established a lack of potential alternative less intrusive sites and lack 
of sites available for co-location,   
(b) 
whether the specific location on the proposed portion of the selected site is 
the least intrusive portion of the site for the proposed installation   
(c) 
whether the height proposed for the facility is the minimum height 
actually necessary to remedy an established significant gap in service,   
(d) 
whether or not a pre-existing structure can be used to camouflage the 
facility and/or its antennas,   
(e) 
whether or not, as proposed, the installation mitigates adverse impacts to 
the greatest extent reasonably feasible through the employ of Stealth design, 
screening, use of color, noise mitigation measures, etc., and/or   
(f) 
overall whether or not there is a feasible alternative to remedy the gap 
through alternative, less intrusive substitute installations.  
  
An Effective Prohibition shall also not be found to exist in subparagraph (c) hereinbelow 
if an applicant fails to establish before the Town Council that any existing geographic gap 
or capacity deficiency in the specific Wireless Carrier’s coverage cannot be remedied

38  
  
through a less intrusive means than what is being proposed, including, but not limited to, 
potential installations on alternative less intrusive sites, a shorter tower or facility, the 
incorporation of a more stealthy design, etc.   
  
  
 
(c)  
Finding of Effective Prohibition or Lack of Effective Prohibition  
  
After considering the evidence presented before it, the Town Council shall determine  
whether or not a denial of the respective application would constitute an effective 
Prohibition.  
  
If the Town Council affirmatively determines that the applicant has failed to establish 
either: (i) that a denial of the application would prevent an identified Wireless Carrier 
from providing personal wireless services within a specific geographic area or areas 
within the Town or (ii) that a denial of the application would prevent a specific Wireless 
Carrier from constructing a sufficient number of such facilities necessary to enable it to 
provide Personal Wireless Services within the Town, then the Town Council shall find 
that a denial of the application does not constitute an Effective Prohibition.  
  
If the Town Council affirmatively determines that: (i) a denial of the application would 
prevent an identified Wireless Carrier from providing personal wireless services within a 
specific geographic area or areas within the Town, or (ii) that a denial of the application 
would prevent a specific Wireless Carrier from constructing a sufficient number of such 
facilities necessary to enable it to provide Personal Wireless Services within the Town, 
then the Town Council shall find that a denial of the application would constitute an 
Effective Prohibition, and the Town Council shall grant the subject application, 
irrespective of whether or not the granting of same would otherwise be inconsistent with 
any other provision of this Section §17-10.  
  
§17-11 Retention of Consultants  
  
1.   
Use of Consultants  
  
Where deemed reasonably necessary by the Town Council and/or the Town, the Town  
Council and/or the Town may retain the services of professional consultants to assist the 
Town Council in carrying out its duties in deciding special use permit applications for 
personal wireless service facilities. Where the Town Council uses the services of private 
engineers, attorneys, or other consultants for purposes of engineering, scientific, land use 
planning, environmental, legal, or similar professional reviews of the adequacy or 
substantive aspects of applications or of issues raised during the course of review of 
applications for special use permit approvals of personal wireless service facilities, the 
applicant and landowner, if different, shall be jointly and severally responsible for 
payment of all the reasonable and necessary costs incurred by the Town for such services. 
Commented [JW46]: Not used in adopted ordinance; 
however, adopted ordinance Sections 17.06 B. 2. a. and b. 
allow the Town to hire a consultant.

39  
  
That responsibility shall not exceed the actual cost to the Town of such engineering, 
legal, or other consulting services.  
  
2.   
Advance Deposits for Consultant Costs  
  
The Town and/or Town Council may require advance periodic monetary deposits held by 
the Town on account of the applicant or landowner to secure the reimbursement of the 
Town's consultant expenses. The Town Council shall establish policies and procedures 
for the fixing of escrow deposits and the management of payment from them. After the 
audit and approval of itemized vouchers by the Town Clerk as to the reasonableness and 
necessity of the consultant charges, the Town may make payments from the deposited 
funds for engineering, legal, or consultant services. Upon receiving a request by the 
applicant or landowner, the Town shall supply copies of such vouchers to the applicant 
and/or landowner reasonably in advance of audit and approval, appropriately redacted 
where necessary to shield legally privileged communications between Town officers or 
employees and the Town's consultant. When it appears that there may be insufficient 
funds in the account established for the applicant or landowner by the Town to pay 
current or anticipated vouchers, the Town shall cause the applicant or landowner to 
deposit additional sums to meet such expenses or anticipated expenses in accordance 
with policies and procedures established by the Town Council. Consultants shall 
undertake no review on any matter scheduled before the Town Council until the initial 
escrow deposit has been made or requested replenishment of the escrow deposit has been 
made. No reviewing agency shall be obligated to proceed unless the applicant complies 
with escrow deposit requirements.  
3.   
Reasonable Limit Upon Consultant Expenses  
  
A consultant expense or part thereof is reasonable in amount if it bears a reasonable 
relationship to the customary fee charged by engineers, attorneys, or planners within the 
region for services performed on behalf of applicants or reviewing boards in connection 
with comparable applications for land use or development.   
The Town may also take into account any special conditions for consideration as it may 
deem relevant, including but not limited to the quality and timeliness of submissions on 
behalf of the applicant and the cooperation of the applicant and agents during the review 
process.   
A consultant expense or part thereof is necessarily incurred if it was charged by the 
engineer, attorney or planner, or other consultants for a service that was rendered to assist 
the Town Council in: (a) making factual determinations consistent with the goals of 
protecting or promoting of the health, safety or welfare of the Town or its residents; (b) 
assessing potential adverse environmental impacts such as those identified within an 
ADEQ process; (c) accessing potential adverse impacts to historic properties, structures 
and/or districts, and/or (d) assessing and determining factual issues relevant to Effective 
Prohibition claims, as addressed herein, enabling the Council to best comply with the 
letter and intent of the provision of the TCA which is relevant thereto.

40  
  
  
4.   
Audits Upon the Request of an Applicant  
  
Upon request of the applicant or landowner, the Town Council shall review and audit all 
vouchers and determine whether such engineering, legal, and consulting expenses are 
reasonable in amount and necessarily incurred by the Town in connection with the review 
and consideration of a special use permit application for personal wireless service  
facility. In the event of such a request, the applicant or landowner shall be entitled to be 
heard by the Town Council on reasonable advance notice.  
5.   
Liability for Consultant Expenses  
  
For a land-use application to be complete, the applicant shall provide the written consent 
of all owners of the subject real property, both authorizing the applicant to file and pursue 
land development proposals and acknowledging potential landowner responsibility, under 
this section, for engineering, legal, and other consulting fees incurred by the Town. If 
different from the applicant, the owner(s) of the subject real property shall be jointly and 
severally responsible for reimbursing the Town for funds expended to compensate 
services rendered to the Town under this section by private engineers, attorneys, or other 
consultants. The applicant and the owner shall remain responsible for reimbursing the 
Town for its consulting expenses, notwithstanding that the escrow account may be 
insufficient to cover such expenses. No building permit or other permit shall be issued 
until reimbursement of costs and expenses determined by the Town to be due. In the 
event of failure to reimburse the Town for such fees, the following shall apply:  
  
  
The Town may seek recovery of unreimbursed engineering, legal, and consulting  fees 
by court action in an appropriate jurisdiction, and the defendant(s) shall be responsible 
for the reasonable and necessary attorney's fees expended by the Town in prosecuting 
such action.  
  
  
Alternatively, and at the sole discretion of the Town, a default in reimbursement  of such 
engineering, legal, and consulting fees expended by the Town shall be remedied by 
charging such sums against the real property that is the subject of the special use permit 
application by adding that charge to and making it a part of the next annual real property 
tax assessment roll of the Town. Such charges shall be levied and collected 
simultaneously and in the same manner as Town-assessed taxes and applied in 
reimbursing the fund from which the costs were defrayed for the engineering, legal, and 
consulting fees. Prior to charging such assessments, the owners of the real property shall 
be provided written notice to their last known address of record by certified mail, return 
receipt requested, of an opportunity to be heard and object before the Town Council to 
the proposed real property assessment, at a date to be designated in the notice, which 
shall be no less than 30 days after its mailing.  
  
§17-12 Setback Requirements

41  
  
  
1.  
Small Wireless Facilities  
  
  
(a) 
Within C-O Commercial Office Zoning District; C-C Common-Commercial Zoning 
District; C-1 Neighborhood Commercial Professional District; C-2 Intermediate 
Commercial Zoning District; C-3 General Commercial Zoning District; IND-1 Planned 
Industrial Zoning District; IND-2 Light Industrial Zoning District; and UT Utility Zoning 
District, the minimum setback shall be fifty (50) feet, unless the facility is being installed 
upon a pre-existing utility pole or other utility structure.  
(b) 
Within all residentially-zoned and other districts, all small wireless facilities shall be set 
back a minimum of three hundred (300) feet from any residential dwelling or structure 
unless the facility is being installed upon a pre-existing utility pole or is being co-located 
upon a pre-existing personal wireless service facility.  
2.  
Cell Towers and all Personal Wireless Service Facilities that do not meet the definition of 
a Small Wireless Facility 
  
(a) 
Each proposed wireless personal service facility and personal wireless service 
facility structure, compound, and complex shall be located on a single lot and 
comply with applicable setback requirements. Adequate measures shall be taken 
to contain on-site all icefall or debris from tower failure and preserve the privacy 
of any adjoining residential properties.  
(b) 
Each lot containing a wireless personal service facility and personal wireless 
service facility structure, compound, and complex shall have the minimum area, 
shape, and frontage requirements generally prevailing for the zoning district 
where located in the Schedules of Regulations for Nonresidential and Residential 
Districts of this chapter, and such additional land if necessary to meet the setback 
requirements of this section.  
(c) 
Cell towers and personal wireless service facilities that do not meet the definition 
of a small wireless facility shall maintain a minimum setback of a distance equal 
to one hundred ten (110%) percent of the height of the facility, for front yard 
setbacks, rear yard setbacks, and side yard setbacks, in all zoning districts.  
  
§17-13 Height Restrictions  
  
1. 
Small Wireless Facilities  
  
Personal Wireless Service Facilities which meet the definition of a small wireless  facility  
 shall not exceed a maximum height of sixty (60) feet above ground elevation in C-O  
 Commercial Office Zoning District; C-C Common-Commercial Zoning District; C-1  
  
Neighborhood Commercial Professional District; C-2 Intermediate Commercial Zoning  
Commented [JW47]: See adopted ordinance Section 
17.03 B. for setback requirements. 
Commented [JW48]: See adopted ordinance Section 
17.03 B. for setback requirements 
Commented [JW49]: See adopted ordinance Section 
17.04 A. 7. c. for statement that towers in excess of max. 
building height for the district cannot be approved 
administratively.  No max. height set.

42  
  
  
District; C-3 General Commercial Zoning District; IND-1 Planned Industrial Zoning  
 District; IND-2 Light Industrial Zoning District; and UT Utility Zoning District and shall  
 not exceed a maximum height of forty-five (45) feet within all other zoning districts.   
  
2. 
Non-Small Wireless Facilities  
Personal Wireless Service Facilities which do not meet the definition of a small wireless 
facility shall not exceed a maximum height of one hundred fifty (150) feet above ground 
elevation in C-O Commercial Office Zoning District; C-C Common-Commercial Zoning 
District; C-1 Neighborhood Commercial Professional District; C-2 Intermediate  
Commercial Zoning District; C-3 General Commercial Zoning District; IND-1 Planned  
Industrial Zoning District; IND-2 Light Industrial Zoning District; and UT Utility Zoning 
District, and 100 feet above ground level in all other zoning districts.  
  
§17-14 Use Restrictions and Variances  
  
1.  
Use Restrictions by Application Type and Zoning District  
  
 
Type I applications  
No Use Variance Required  
  
  
Type I applications for co-location of a small wireless facility in a public right of way as  
 set forth in A.R.S. §9-592(J) and A.R.S. §9-593(C) shall be a permitted use with a  
 building permit.  
  
  
Type I applications for co-location of a small wireless facility in all other areas or zones  
 shall require an applicant to obtain a special use permit from the Town Council.  
  
  
Type II applications No Use Variance Required Unless Determined Otherwise  
  
Applications for colocations of a wireless personal services facility, which do not meet 
the definition of a small wireless facility, shall be considered a special use permit in all 
districts and shall require a special use permit and a building permit but shall not require 
a use variance, unless the Town Council, in its sole discretion, determines that the 
proposed colocation will increase the overall intrusiveness of the site to a sufficient 
extent that its presence would no longer be compatible with the surrounding properties 
and/or surrounding community, in which case the Town Council shall issue a decision 
determining that the applicant shall be required to obtain a variance from the Board of 
Adjustment in accord with §2.07 of the Zoning Ordinance.  
  
In rendering a determination of whether or not a variance shall be required, the Town 
Council shall consider, among other things: (a) the physical size, number, and potential 
intrusiveness of each new item of equipment to be installed as part of the proposed 
colocation, (b) the extent to which the installation of such equipment is to require or 
effectuate a significant physical expansion of the size or area of the facility or complex, 
(c) the extent to which the addition of such additional equipment will likely increase the 
Commented [JW50]: Not used in adopted ordinance.  Use 
variances are prohibited

43  
  
adverse aesthetic impact of the facility, and/or any other potentially significant adverse 
impacts which are likely to cause a significant increase in the overall intrusiveness of the 
wireless facility, and/or its compound or complex, such that it will no longer be 
reasonably compatible with the use of nearby or surrounding properties and/or that its 
presence would be incompatible with the character and use of the nearby properties 
and/or surrounding community.  
  
If the Town Council determines that a variance is required for a specific proposed facility, 
then the applicant shall be required to file an application for a variance to the Board of 
Adjustment. The Board of Adjustment shall thereafter have the authority to (a) determine 
that no variance is necessary, (b) grant the application for a variance, or (c) deny the 
application for a variance.   
  
Type III Applications   No Use Variance Required  
  
Applications for installing new Small Wireless Facilities that meet the criteria for Type III 
applications, which are not collocated in a public right of way, shall be considered a 
special use permit use in all districts. They shall require a special use permit and building 
permit but shall not require a variance unless they do not meet the applicable setback 
requirements or height limitation.  
  
Type IV Applications  Variance Requirements  
  
Type IV applications seeking approval for the installation of a new cell tower and/or all 
other wireless facilities that are not a small wireless facility shall be a permitted use in all 
districts, which shall not need a use variance but shall require a special use permit, 
building permit, and area variance if the proposed facility does not meet the applicable 
height limitation and/or setback requirements.  
  
  
  
§17-15 Environmental Impacts  
  
  
If, and to the extent that, the Town Council determines a proposed installation bears the  potential 
for a significant adverse impact upon the environment within the meaning of ADEQ and/or the 
NEPA, then the Council shall be expected to comply with the requirements of ADEQ in 
determining both (a) the extent of adverse impacts upon the environment and/or historic 
properties and (b) what mitigation measures the applicant should be required to undertake to 
minimize the adverse environmental impacts and/or adverse impacts upon historic sites, 
structures and/or districts.  
  
If a respective applicant fails to obtain a review from the ADEQ and/or NEPA and opinion letters 
from the ADEQ and the FCC pertaining to its proposed installation prior to a first public hearing 
before the Town Council for the respective application, then the Town Council may make direct 
Commented [JW51]: Not used in adopted ordinance.

44  
  
requests to the ADEQ and the FCC for their review of the application. The Town Council may 
request SHPO and the FCC’s review and input in completing the statutorilyrequired 
environmental impact analysis pursuant to ADEQ and NEPA.  
  
In addition, the Town Council shall comply with the statutory requirements of ADEQ to 
complete an ADEQ review, make determinations of significance, and, where appropriate, require 
the applicant to complete a draft environmental impact statement and, if additionally appropriate, 
to thereafter complete a final environmental impact statement and analysis.  
  
So long as the Town Council acts with reasonable diligence in completing its ADEQ and NEPA 
review, if compliance with the statutory requirements for environmental review requires a period 
of effort that extends beyond the expiration of the applicable shot clock period, the delays 
beyond such period shall be deemed reasonable.  
  
§17-16 Historic Site Impacts  
  
The Town Council shall consider the potential adverse impacts of any proposed facility upon any 
historic site, district, or structure consistent with the Town’s historic preservation law 
requirements and comprehensive plan and ADEQ.  
  
If, and to the extent that, the Town Council determines that a proposed installation bears the  
potential for a significant adverse impact on a historic site or a historic district within the  
meaning of ADEQ and/or the NHPA (especially if the historic site at issue is listed upon the 
National Register of historic places), then the Council shall comply with the requirements of 
both ADEQ and Town law in determining both: (a) the extent of adverse impacts upon the 
historic properties and (b) what mitigation measure might the applicant be required to undertake 
to minimize the adverse environmental impacts and/or adverse impacts upon historic sites, 
structures and/or district.  
  
Should a respective applicant fail to obtain a SHPO and/or a Section 106 review under NHPA, 
and opinion letters from SHPO and the FCC pertaining to its proposed installation prior to a first 
public hearing before the Town Council for the respective application, then the Town Council 
shall make direct requests to SHPO and the FCC for their review of the application. They shall 
request SHPO and the FCC’s review and input in completing the statutorily-required 
environmental/historic impact analysis pursuant to ADEQ and NHPA.  
  
This request shall include, but not be limited to, a request to the FCC for a Section 106 review, as 
defined in this Chapter, as the Town recognizes each application for a special use permit for the 
installation of a personal wireless services facility shall constitute “an undertaking” for purposes 
of compliance with the National Historic Preservation Act.  
  
In addition, the Town Council shall comply with the statutory requirements of ADEQ to 
complete a SEQ ADEQ RA review, make determinations of significance, and, where appropriate, 
Commented [JW52]: Not used in adopted ordinance.

45  
  
require the applicant to complete a draft environmental impact statement, and if additionally 
appropriate, to thereafter complete a final environmental impact statement and analysis.  
  
So long as the Town Council acts with reasonable diligence in completing its ADEQ and NHPA 
review, if compliance with the statutory requirements for historic preservation review requires a 
period of effort that extends beyond the expiration of the applicable shot clock period, the delays 
beyond such period shall be deemed reasonable.  
  
§17-17 Force Majeure  
  
In the event that the rendering of a final decision upon a special use permit 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 or the Town Council, 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.  
  
§17-18 Eleventh Hour Submissions  
  
In the event that applicant tenders eleventh-hour submissions to the Town, the Council, and/or 
the Town Engineer 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 Council at such late point in the 
proceedings, the Town Council shall be afforded a reasonable time to review such late-submitted 
materials.  
  
If reasonably necessary, the Town Council shall be permitted to retain the services  of an expert 
consultant to review any late-submitted expert reports which were provided to the  Council, 
even if such review or services extend beyond the applicable shot clock period, so long as the 
Council 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.  
  
  
§17-19 Prohibition Against Illegally Excessive Emissions and RF Radiation Testing  
  
As disclosed on the FCC’s public internet website, personal wireless services facilities erected at 
any height under 200 feet are not required to be registered with the FCC.  
Of even greater potential concern to the Town is the fact that the FCC does not enforce the RF 
radiation limits codified within the CFR by either: (a) testing the actual radiation emissions of 
wireless Facilities either at the time of their installation or at any time thereafter, or (b) requiring 
Commented [JW53]: Not used in adopted ordinance. 
Commented [JW54]: Not used in adopted ordinance. 
Commented [JW55]: Subsections 1 and 2 used in adopted 
ordinance Section 17-06 B.  Otherwise, not used in adopted 
ordinance.

46  
  
their owners to test them. See relevant excerpts from the FCC’s public internet website annexed 
as Appendix 2.   
This means that when wireless Facilities are constructed and operated within the Town, the FCC 
will have no idea where they are located and no means of determining, much less ensuring, that 
they are not exposing residents within the Town and/or the general public to Illegally Excessive 
levels of RF Radiation.  
The Town deems it to be of critical importance to the health, safety, and welfare of the Town, its 
residents, and the public at large that personal wireless service facilities do not expose members 
of the general public to levels of RF radiation that exceed the limits which have been deemed 
safe by the FCC, and/or are imposed under CFR.  
In accord with the same, the Town enacts the following RF Radiation testing requirements and 
provisions set forth herein below.  
No wireless telecommunications facility shall at any time be permitted to emit illegally excessive 
RF Radiation as defined in §17-2 or to produce power densities that exceed the legally 
permissible limits for electric and magnetic field strength and power density for transmitters, as 
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).  
To ensure continuing compliance with such limits by all owners and/or operators of personal 
wireless service facilities within the Town, all owners, and operators of personal wireless service 
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 an owner and/or operator.   
If an operator of a personal wireless service facility fails to supply the required reports or fails to 
correct a violation of the legally permissible limits described hereinabove, following notification 
that their respective facility is believed to be exceeding such limits, any special use permit or 
other zoning approval granted by the Town Council or any other body or representative of the 
Town is subject to modification or revocation by the Town Council following a public hearing.  
1.    Initial Certification of Compliance with Applicable RF Radiation Limits  
Within forty-five (45) days of initial operation or a substantial modification of a personal 
wireless service facility, the owner and/or operator of each Telecommunications antenna 
shall submit to the Town Engineer 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 measure the emissions of the approved facility, including the cumulative 
impact from other nearby Facilities, and determine if such emissions are within the limits 
described hereinabove.

47  
  
 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 
Town Engineer.   
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.  
2.  
Random RF Radiofrequency Testing  
At the operator’s expense, the Town may retain an engineer to conduct random 
unannounced RF Radiation testing of such 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 test per facility per calendar year unless such testing reveals that one 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 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 facility and/or 
facilities into compliance.  
If the Town at any time finds that there is good cause to believe that a personal wireless 
service facility and/or one 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 Council 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.  
Such hearing shall be duly noticed to both the public and the owner and/or operator of the 
respective facility or facilities at issue. The owner and/or operator shall be afforded not less 
than two (2) weeks' written notice by first-class mail to its Notice Address.  
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.

48  
  
If the owner and/or operator fails to establish same, the Town Council shall have the power 
to and shall revoke any special use permit, variance, building permit, and/or any other form 
of zoning-related approval(s) which the Town Council, Board of Adjustment, Town 
Engineer and/or any other representative of the Town may have then issued to the owner 
and/or operator, for the respective facility.  
In addition, the Town Council shall impose a fine of not less than $1,000, nor more than 
$5,000 for such violation of subparagraph 1. hereinabove, or, in the case of a second 
offense within less than five (5) years, a minimum fine of $5,000, nor more than $25,000.  
In the event that an owner or operator of one or more personal wireless service facilities is 
found to violate subparagraph 1. hereinabove three 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.   
§17-20 Bond Requirements, Removal of Abandoned Facilities and Reclamation  
  
1.  
Bond Requirement  
  
At or prior to the filing of an application for a special use permit for the installation of a 
new personal wireless service facility, each respective applicant shall provide a written 
estimate for the cost of the decommissioning and removal of the facility, including all 
equipment that comprises any portion or part of the facility, compound and/or complex, 
as well as any accessory facility or structure, including the cost of the full restoration and 
reclamation of the site, to the extent practicable, to its condition before development in 
accord with the decommissioning and reclamation plan required herein. The Town 
Council’s Engineer shall review this estimate.  
  
Upon receiving a special use permit approval from the Town Council and a building 
permit, prior to the commencement of installation and/or construction of such facility or 
any part thereof, the applicant shall file with the Town a bond for a length of no less than 
three (3) years in an amount equal to or exceeding the estimate of the cost of removal of 
the facility and all associated structures, fencing, power supply, and other appurtenances 
connected with the facility. The bond must be provided within thirty (30) days of the 
approval date and before any installation or construction begins.   
  
Replacement bonds must be provided ninety (90) days prior to the expiration of any 
previous bond.   
  
At any time the Town has good cause to question the sufficiency of the bond at the end of 
any three-year (3) period, the owner and/or operator of the facility, upon request by the 
Town, shall provide an updated estimate and bond in the appropriate amount.   
Commented [JW56]: Mostly, not used in adopted 
ordinance.

49  
  
  
Failure to keep the bonds in effect is cause for the removal of the facility at the owner's 
expense. Each facility will require a separate bond, regardless of the number of owners or 
location.  
  
2.  
Removal of Abandoned Facilities  
  
Any personal wireless service facility that is not operated or used for a continuous period 
of twelve (12) consecutive months shall be considered abandoned. At the owner's 
expense, the owner of said facility shall be required to remove the facility and all 
associated equipment buildings, power supply, fence, and other items associated with 
such facility, compound, and/or complex, and permitted with the facility.   
  
If the facility is not removed within ninety (90) days, the bond secured by the facility 
owner shall be used to remove the facility and any accessory equipment and structures.  
  
§17-21 ADA Accommodations  
  
  
[Reserved]  
§17-22 General Provisions  
  
1.  
Balancing of Interests  
The Town formally recognizes that, as has been interpreted by federal courts, when it 
enacted the TCA, Congress chose to preserve local zoning authority over decisions 
regarding the placement, construction, and modification of personal wireless facilities (47  
U.S.C. §332(c)(7)(A)) subject only to the limitations set forth in subsection  
§332(c)(7)(b), consistent with the holding of the United States Court of Appeals in Sprint 
Telephony PCS v. County of San Diego, 543 F.3d 571 (9th Cir. 2008) and its progeny, and 
the Town has relied upon such federal courts’ interpretations of the TCA in enacting 
Chapter §17 et seq.  
The Town similarly embraces the Federal courts’ determinations that the TCA as the  
Court additionally articulated in Sprint Telephony PCS v. County of San Diego, 543 F.3d  
571 (9th Cir. 2008) This includes preserving to local governments, including the Town of 
Fountain Hills, the power to deny applications for the installation of wireless personal 
services facilities based upon traditional grounds of zoning denials, including, but not 
limited to, the potential adverse aesthetic impacts or a reduction in property values which 
the construction of any proposed structure may inflict upon nearby properties or the 
surrounding community.  
This additionally includes the recognition that, under this balancing of interest test, “once 
an area is sufficiently serviced by a wireless service provider, the right to deny 
applications (for new wireless facilities) becomes broader” Crown Castle NG East LLC 
v. The Town of Hempstead, 2018 WL 6605857.  
Commented [JW57]: Adopted ordinance Section 17.06 A. 
has similar language. 
Commented [JW58]: Not used in adopted ordinance.

50  
  
It is the intent of the Town that this Chapter be applied in a manner consistent with the 
balancing of interests codified within the TCA.   
Consistent with same, the Town rejects and shall reject any current and/or future FCC 
interpretations of any provision of the TCA which are clearly inconsistent with, and/or 
are clearly contrary to, both the language of the TCA and binding decisions of the United 
States Court of Appeals for the Ninth Circuit and United States District Courts within the 
Ninth Circuit.  
This includes a rejection of any FCC interpretations inconsistent with Sprint and any 
claims that the FCA legally prohibits the Town Council from denying a permit 
application based solely upon a claim that an applicant desires the installation of its new 
facility for “densification” of its existing personal wireless services, or to offer a new 
service, irrespective of whether or not the carrier already possesses adequate coverage 
within the Town, and irrespective of the potential adverse impact which the installation of 
such new facility or facilities would inflict upon the Town, its property owners, citizens 
and/or communities.  
  
2.  
Conflict With Federal or State Laws  
To the extent that any provision of this Chapter is found to conflict with any applicable 
federal or State law, it is the intent of the Town that the remaining portion of this Chapter, 
which has not been found to conflict with such law, be deemed to remain valid and in full 
force and effect.