A. An entity that provides 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 is a "wireless services provider" for purposes of this section. For purposes of this section, "small wireless facilities" has the same definition as in A.R.S. § 11-1801(17).
B. A proposed or modified utility pole that a wireless services provider installs in a county right-of-way may not exceed the greater of ten feet in height above the tallest utility pole, other than a utility pole supporting only wireless facilities, that is in place and that is located within five hundred feet of the proposed utility pole in the same right-of-way or fifty feet above the ground level.
C. A wireless services provider must comply with undergrounding requirements that require prior approval for the installation of new structures in a right-of-way if such requirements do not prohibit the replacement of existing structures and facilities.
D. A wireless services provider must screen or conceal its facilities, as applicable, including all pole-mounted, pad, and ground-mounted equipment with required aesthetic features, such as canisters, screen walls, and landscaping, as Pima County may approve at each site location. Concealing and screening must blend with or enhance the surrounding area with the use of artistic and architectural detail and will take into account scale, form texture, materials and color and must conceal the equipment. The wireless services provider must note concealing and screening features on the site survey and construction drawings that it submits for each site location. Any new ground mounted equipment or screening must be located outside of the roadway clear zone in a manner that does not block sight visibility at adjacent intersections.
E. Collocation of a small wireless facility on a utility pole or wireless support structure in the right-of-way that Pima County does not own and that does not include ground-mounted equipment, will not require a permit.
F. For any installation of a small wireless facility that modifies vehicular, bicycle or pedestrian traffic patterns, prior to the start of any activity, the wireless services provider must submit a traffic control plan to Pima County for approval.
G. The wireless services provider must coordinate installation of wireless facilities on a county owned traffic signal or street light pole with the Pima County traffic signals shop. All equipment must be attached to the outside of the pole. Access to the interior of the pole and conduit system including pull boxes is reserved exclusively for Pima County use. A county traffic signal inspector must be present during the installation of the equipment.
H. Installation, modification, or replacement by a wireless services provider of a utility pole located in the right-of-way must be in accordance with Chapter 10.44.
I. A wireless services provider assumes all risk, costs and expenses related to the wireless services provider's facilities and loss of service that may occur due to damage, destruction or collapse of any county utility pole or due to any incompatibility of wireless services provider's use with county use, or another authorized user's use, of county utility poles.
J. Where the installation of a small wireless facility requires the replacement of a county utility pole with a specialty pole, the wireless provider must replace the county utility pole with a structure meeting all applicable county standards and specifications and return replaced structures to Pima County at a designated location. Specialty poles must fit on a pole foundation that meets or exceeds the foundation requirements for the pole it is replacing. The specialty pole must also fit the standard bolt pattern of the pole it is replacing. The replacement of any traffic signal or street light poles requires prior approval from the Pima County traffic signal shop and a county signal inspector must be present during the pole installation to ensure all work is completed to county specifications. Any pole replacement will be at the sole expense of the wireless service provider, to include payment for sheriff's department point control during any necessary signal shut-downs.
K. In addition to other applicable county standards, any utility pole that requires replacement must include overbuild per county overbuild design capacity standards: No structural member, foundation component, fastener, weldment or discreet section may be stressed to more than ninety-five percent of the design capacity.
L. Pima County will allow collocation of a small wireless facility on a county-owned utility pole if all of the following apply:
1. The utility pole is structurally sound and able to support the proposed wireless facility as evidenced by a sealed statement of a registered structural engineer.
2. The facility owner's name and contact information is clearly displayed on associated ground-mounted equipment. When ground-mounted equipment is not required, facility owner name and contact information must be placed directly on the pole-mounted wireless facility.
3. Wireless ground-mounted equipment is a minimum of ten feet from county-owned ground-mounted equipment.
4. Pole-mounted wireless facility attachments must be a minimum of five feet from county pole-mounted attachments such as signal heads, lighting, signage, and communications equipment. Wireless facilities must be located in such that they do not interfere with the operation, visibility, or intent of the signal and street lighting equipment.
M. Operations, Interference.
1. A wireless services provider must not use a county utility pole or the right-of-way in any way which interferes with the use of any portion of the county property by the county. In the event county determines that a wireless provider's use of a county utility pole or right-of-way interferes with the county's use of the county property, county will notify the wireless provider of such interference and the wireless provider will have fifteen days to remedy the interference. If a wireless provider does not remedy the interference, county will have the right to take steps to mitigate the interference at the wireless service provider's expense.
2. A wireless services provider must 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 county's existing or future law enforcement, public safety, transportation, information technology, engineering, emergency or other communication equipment, methodology, or technology. If such interference occurs, the wireless services provider must immediately discontinue using the equipment, methodology or technology that causes the interference until the interference has been eliminated to the satisfaction of and at no cost to the county.
3. In the event of an emergency or accident that causes the county to replace or remove a county utility pole with collocated small wireless facilities, the wireless services provider must remove the equipment within two hours of notice by the county. The service provider will need to keep an emergency contact on file with the Pima County traffic signal shop for twenty-four-hour per day, three hundred sixty-five-day per year response in case of emergencies. If the wireless services provider fails to so remove the equipment, the county will remove the equipment at the wireless services provider's expense if necessary for public safety.
4. Wireless services providers must have the ability to make traffic signal replacement pole installations in the event of emergency or routine replacement of such county utility poles utilized by wireless services provider or county. In the case of an emergency, the county will install a standard traffic signal or street light pole unless the wireless service provider can make a new specialty pole immediately available. Reinstallation of the specialty pole will be at the expense of the wireless service provider and must be coordinated with the Pima County traffic signal shop. County must approve all replacement poles before installation. The replacement pole must meet the identical structural specifications of the sealed statement in accordance with requirements of Section 10.50.190(L)(1).
5. Wireless services providers must provide access to a kill switch for each wireless site that county employees, agents, or representatives may use to turn off all power to the wireless facilities when determined necessary by the county for safe maintenance and operation of right-of-way. Each kill switch must be clearly identified on project plans and accessible at ground level. Wireless services providers must provide entry and access requirements to the county and must provide a key to the Pima County traffic signal shop supervisor if the kill switch is located within a locked enclosure. Except in case of an emergency or accident, the county will notify the wireless services provider a minimum of twenty-four hours in advance of a required shut down. The wireless service provider is responsible for keeping up to date contact information on file with the Pima County traffic signal shop for notification purposes.
6. Pole-mounted wireless facilities on county utility poles not in compliance with Federal radio frequency exposure limit rules, 47 C.F.R. Section 1.1310, or subsequent Federal rules as amended from time to time, must be shut down (except for work necessary to bring it into compliance) until such time that evidence of compliance has been submitted to and accepted by the county.
(Ord. 2017-46 § 4, 2017)