§ 120.04 SMALL WIRELESS FACILITIES IN THE PUBLIC RIGHT-OF-WAY.
   This section permits the installation of small wireless facilities in the rights-of-way subject to A.R.S. §§ 9-591 et seq., and applicable federal law, as follows.
   (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)   An application is submitted to and approved by the town pursuant to § 120.05;
      (2)   All town requirements as set forth in this chapter are met;
      (3)   All other applicable codes and requirements are met;
      (4)   The town's Small Wireless Facilities Terms and Conditions are met and a Wireless Facility License Agreement is signed; and
      (5)   A wireless facility permit is issued by the town.
   (B)   The installation and maintenance of monopoles in the public right-of-way and small wireless facilities on utility poles in the public right-of-way shall be subject to and comply with reasonable requirements, including the Small Wireless Facilities Terms and Conditions, and any site-specific requirements developed based upon consultation with the town through the site review and permitting process.
   (C)   The installation and maintenance of monopoles in the public right-of-way and small wireless facilities on utility poles or monopoles in the public right-of-way shall be subject to rates and fees pursuant to § 120.06 of this chapter.
   (D)   In addition to the above requirements, the installation, replacement, and/or modification of monopoles in the public right-of-way shall be subject to the requirements of §§ 150.180 et seq. of this code.
   (E)   In addition to the above requirements, the installation, replacement, and/or modification of utility poles that exceed the greater of either of the following, shall be subject to the requirements of §§ 150.180 et seq.
      (1)   Ten feet in height above the tallest existing utility pole (excluding utility poles supporting only wireless facilities), that is located within 500 feet of the proposed site for the new, replacement, or modified pole within the same right-of-way if that existing pole was in place on August 9, 2017, but the new or modified pole cannot be more than 50 feet above ground level; or
      (2)   Forty feet above ground level.
   (F)   In addition to the above requirements, collocations of new small wireless facilities that exceed ten feet above the utility pole or wireless support structure (including existing monopoles in the right-of-way) and exceed 50 feet above ground level shall be subject to the requirements of §§ 150.180 et seq. Small wireless facility collocations that do not exceed the above dimensional requirements are exempt from zoning review.
(Ord. 663-18, passed 8-20-2018)