Chapter 10.45


10.45.010    Purpose.

10.45.020    Application.

10.45.010 Purpose.

The purpose and intent of this chapter is to provide a uniform and comprehensive set of regulations and standards for the permitting, development, siting, installation, design, operation and maintenance of wireless telecommunications facilities in the town’s public right-of-way. These regulations are intended to prescribe clear and reasonable criteria to assess and process applications in a consistent and expeditious manner, while reducing the impacts associated with wireless telecommunications facilities. This chapter provides standards necessary (A) for the preservation of the public right-of-way in the town for the maximum benefit and use of the public, (B) to promote and protect public health and safety, community welfare, visual resources and the aesthetic quality of the town consistent with the goals, objectives and policies of the general plan, and (C) to provide for the orderly, managed and efficient development of wireless telecommunications facilities in accordance with the state and federal laws, rules and regulations. [Ord. 2017-124 § 2.]

10.45.020 Application.

A. Initial application shall be made to the planning and building department. The planning and building department shall determine if zoning requirements are met. Upon receipt of approval from the planning and building department, the applicant requesting approval of the installation or modification of a wireless telecommunications facility in the public right-of-way shall fully and completely submit to the town engineer or authorized representative a written application for a right-of-way permit in accordance with STC 10.40.010 and shall include the following information:

1. The name, address and telephone number of the applicant, owner and the operator of the proposed facility.

2. If the applicant is an agent, the applicant shall provide a duly executed letter of authorization from the owner of the facility. If the owner will not directly provide wireless telecommunications services, the applicant shall provide a duly executed letter of authorization from the person(s) or entity(ies) that will provide those services.

3. If the facility will be located on or in the structure/infrastructure of someone other than the owner of the facility (such as a street light pole, street signal pole, utility pole, utility cabinet, vault, or cable conduit), the applicant shall provide a duly executed written authorization from the property owner(s) authorizing the placement of the facility on or in the property owner’s property.

4. A full written description of the proposed facility and its purpose.

5. Detailed engineering plans of the proposed facility and related report prepared by a professional engineer registered in the state of Arizona documenting the following:

a. Height, diameter and design of the facility, including technical engineering specifications, economic and other pertinent factors governing selection of the proposed design, together with evidence that demonstrates that the proposed facility has been designed to be the least visible equipment within the particular technology the carrier chooses to deploy. A layout plan, section and elevation of the tower structure shall be included.

b. A photograph and model name and number of each piece of equipment included.

c. Power output and operating frequency for the proposed antenna.

d. Total anticipated capacity of the structure, indicating the number and types of antennas and power and frequency ranges, which can be accommodated.

e. Sufficient evidence of the structural integrity of the pole or other supporting structure, signed and sealed by a structural engineer registered in the state of Arizona.

6. Site plan(s) to scale, specifying and depicting the exact proposed location of the pole, pole diameter, antennas, accessory equipment, access or utility easements, landscaped areas, existing utilities, and adjacent land uses.

7. Scaled elevation plans of proposed poles, antennas, accessory equipment, and related landscaping and screening (if provided).

8. An accurate visual impact analysis showing the maximum silhouette, view shed analysis, color and finish palette and proposed screening for the facility, including scaled photo simulations from at least three different angles.

9. A noise study prepared by a qualified acoustic engineer documenting that the level of noise to be emitted by the proposed wireless telecommunications facility will comply with the STC, including STC 18.60.070(F)(17).

10. A scaled conceptual landscape plan showing existing trees and vegetation and all proposed landscaping, concealment, screening and proposed irrigation with a discussion of how the chosen material at maturity will screen the site.

11. Certification that applicant is a telephone corporation or a statement providing the basis for its claimed right to enter the right-of-way. If the applicant has a certificate of public convenience and necessity (CCN) issued by the Arizona Corporation Commission, it shall provide a copy of its CCN.

12. An application fee in an amount set forth in Chapter 3.10 STC.

B. Compliance with Highway Safety. Construction of improvements shall not interfere with the safety of the traveling public or the authorized public use of right-of-way, and may not otherwise interfere with the general health, safety and welfare of citizens of the town. Once constructed, the improvements shall be operated, maintained and repaired by applicant/owner, at the applicant/owner’s sole cost, so as not to interfere with the safe sight distance or safe travel along the right-of-way. The applicant/owner, its contractors and subcontractors are responsible for obtaining town approval of a right-of-way permit including a traffic control plan, a minimum of three working days prior to commencing any construction or maintenance activities and shall maintain the work zone in conformance with the approved traffic control plan. In the event of emergency repairs, applicant/owner will still prepare a traffic control plan, which will be submitted to the town with a permit application.

C. If the improvements include any underground facilities, the applicant/owner shall maintain a membership with Arizona Blue Stake, Inc., or its successors or assigns, throughout the terms of the agreement.

D. Relocation of Improvements. Upon demand by the town for any governmental purpose, including without limitation the town’s construction of road widening or other capital improvement project that conflicts with or otherwise affects the improvements, the applicant/owner shall, at its sole cost, either (1) relocate the affected portion of the improvements to another location or (2) completely remove everything maintained by the applicant/owner in the portion of the right-of-way affected by the capital project.

In the event partial or total removal of the improvements is required by the town, the applicant/owner shall promptly remove all or part of the improvements as required by the town at the applicant/owner’s sole expense, within 180 days of the request. The applicant/owner shall restore the impacted area to the condition that existed prior to the installation of the improvement or as may be mutually agreed upon by the applicant/owner and the town in writing.

E. Independent Expert. The director is authorized to retain on behalf of the town an independent, qualified consultant to review any application for a permit for a wireless telecommunications facility. The review is intended to be a review of technical aspects of the proposed wireless telecommunications facility and shall address any or all of the following:

1. Structural Review. The cost of this review shall be paid by the applicant through a deposit pursuant to an amount set forth in Chapter 3.10 STC. No permit shall be issued to any applicant who has not fully reimbursed the town for the consultants’ cost. [Ord. 2017-124 § 2.]