HomeMy WebLinkAboutResolution 2018-004 Wireless Communication Facilities MARANA RESOLUTION NO. 2018--004
RELATING TO WIRELESS COMMUNICATION' FACILITIES; DECLARING AS A.
PUBLIC RECORD FILED WITH THE TOWN CLERIC THE COMPREHENSIVE
REVISIONS TO THE TOWN'S WIRELESS COMMUNICATION F.ACIL.IITIES
REGULATIONS ADOPTED BY MARANA. ORDINANCE NO, 201.8.002; REVISING
MARANA TOWN CODE TITLE 12 (TRA.FFIC AND HIGHWAYS) BY ADDING A
NEW CHAPTER 1.2.5 (WIRELESS COMMUNICATION FACILITIES IN THE RIGHT--
OF-WAY), AND COMPREHENSIVELY REWRITING AND REPLACING THE
WIRELESS COMMUNICATION FACILITIES REGULATIONS CURRENTLY FOUND
IN MARANA LAND DEVELOPMENT CODE TITLE 23 (WIRELESS
COMMUNICATION FACILITIES) WITH NEW CHAPTER 1.7-18 (WIRELESS
COMMUNICATION FACILITIES) IN TITLE 17 (LAND DEVELOPMENT) OF THE
MARANA TOWN CODE
BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN N of
MARANA, ARIZONA, that the comprehensive revisions to the Town's wireless com-
munication facilities regulations adopted by Marana Ordinance No. 2018.002, one paper
copy and one electronic copy of which are on file in the office of the Town Clerk, are
hereby declared to be a public record and ordered to remain on file with the Town
Cleric, consisting of the following documents attached to and incorporated by reference
in this resolution:
Exhibit A: New Town Code Chapter 1.2-8 (Wireless communication facilities in
the right-of-way)
Exhibit B: New Town. Code Chapter 17-15 (Wireless communication facilities)
in Title 1.7(Land. Development) of the Marana Town Code
Exhibit C: Exhibits incorporated by reference into new Town Code Section
12.8-25 (Exhibits)
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Marana Resole tion No.2018-004 1/2/201.8 5:01 PM.
PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OFTHE TOWN
OF MARANA, ARIZONA, this 16t11 day of January, 201.81-
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Mayor Ed Honea
ATTEST: APPROV D AS To FORM:
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cel n C. onson Town Clerk Fr ik C dy,,Town tome
MARANA AZ
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00055471.Docx/1
Marana Resolution No.2018-004 -2- 1/2/2018 5:01 PM
MARANA ORDINANCE NO. 2018.002
RELATING TO WIRELESS COMMUNICATION FACILITIES; ADOPTING
COMPREHENSIVE REVISIONS TO THE TOWN'S WIRELESS COMMUNICATION
FACILITIES REGULATIONS; REVISING MARANA TOWN CODE TITLE 12 (TRAFFIC
AND HIGHWAYS) BY ADDING A NEW CHAPTER 12-8 (WIRELESS
COMMUNICATION FACILITIES IN THE RIGHT-OF-WAY); COMPREHENSIVELY
REWRIrl"ING AND REPLACING THE WIRELESS COMMUNICATION FACILITIES
REGULATIONS CURRENTLY FOUND IN MARANA LAND DEVELOPMENT CODE
TITLE 23 (WIRELESS COMMUNICATION FACILITIES) WITH NEW CHAPTER 17-18
WIRELESS COMMUNICATION FACILITIES) IN TITLE 17 (LAND DEVELOPMENT)
OF THE MARANA TOWN CODE; AND DESIGNATING AN EFFECTIVE DATE
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE TOWN OF
MARANA, as follows:
Section 1. Marana Town Code Title 12 (Traffic and Highways) is hereby
amended by adding new Chapter 12-8 (Wireless communication facilities in the right-
of-way), which was made a public record by and attached as Exhibit A to Marana
Resolution No. 2018-004 and is hereby adopted and made a part of this ordinance by
reference as if fully set out here.
Section 2. Existing Marana Land Development Code Title 23 (Wireless
communication facilities) is hereby repealed and replaced with new Chapter 17-18
Wireless communication facilities) in Title 17 (Land Development) of the Marana Town
Code. New Chapter 17-18 (Wireless communication facilities) was made a public record
by and attached as Exhibit B to Marana Resolution No. 2018-004 and is hereby adopted
and made a part of this ordinance by reference as if fully set out here.
Section 3, The exhibits incorporated by reference into new Town Code Section
12-8-25 (Exhibits), which were made a public record by and attached as Exhibit C to
Marana Resolution No. 2018-004, are hereby adopted and made a. part of this ordinance
by reference as if fully set out here,
Section 4, The various town officers and employees are authorized and directed
to perform all acts necessary or desirable to give effect to this ordinance.
Section 5. All ordinances, resolutions, or motions and parts of ordinances,
resolutions, or motions of the Council in conflict with the provisions of this ordinance
are hereby repealed, effective as of the effective date of this ordinance.
00055474.DOCX/I
Marana Ordi-nance No.2018.002 1/3/2018 2:50 PM
Section 6. If any section, subsection, sentence,, clause, phrase or portion of this
ordinance is for any reason held to be invalid or unconstitutional by the decision of any
court of competent jurisdiction, the decision shall not affect the validity of the
remaining portions of this ordinance.
Section 7. This ordinance shall 'become effective on the thirty-first day after its
adoption.
PASSED AND ADOPTED BY THE, MAYOR AND COUNCIL OF THE TOWN OF MARANA,
ARIZONA, this 16t11 day of January, 2018.
Mayor Ed Honea
ATTEST: APPRO D AS TO FORM:
rr
cc e Igyn Ironson, Town Clerk Fr nk sidy, Town ttorney
MARAN 1 AZ
00055474.DOCX/1
Marana Ordinance No.2018.002 2 - 1/3/2018 2:50 PM
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Exhibit A to Marana Resolution No. 2018-004 1 of 61 1/9/2018 10:03 AM
TITLE 12. TRAFFIC AND HIGHWAYS
[Chapters 12-1 through 12-7 remain unchanged]
CHAPTER 12-8. WIRELESS COMMUNICATION FACILITIES IN THE RIGHT-OF-WAY
[The following table of contents is included for convenience only and will not appear in the
published Town Code]
12-8-1 Purpose and background ............................................................................................1
12-8-2 Definitions .....................................................................................................................2
12-8-3 Wireless communication facilities use area ..............................................................6
12-8-4 Term of telecom license agreements ........................................................................11
12-8-5 Wireless provider’s payments ..................................................................................12
12-8-6 Use restrictions ............................................................................................................15
12-8-7 Wireless provider’s improvements generally ........................................................18
12-8-8 Common standard design concepts, requirements and details for all
wireless facilities in the right-of-way .................................................................23
12-8-9 Standard design requirements for a small wireless facility on an
existing streetlight. ................................................................................................29
12-8-10 Standard design requirements for a small wireless facility on a traffic
signal pole. ..............................................................................................................31
12-8-11 Standard design requirements for a small wireless facility on an
existing utility pole. ...............................................................................................33
12-8-12 Standard design requirements for a new wireless facility. ..................................35
12-8-13 RF safety for town employees ..................................................................................37
12-8-14 Maintenance and utilities ..........................................................................................38
12-8-15 Breach by wireless provider......................................................................................39
12-8-16 Termination .................................................................................................................43
12-8-17 Indemnity and insurance ..........................................................................................44
12-8-18 Condemnation ............................................................................................................47
12-8-19 Damage to or destruction of the use area ...............................................................48
12-8-20 Wireless provider’s records ......................................................................................48
12-8-21 Compliance with law .................................................................................................49
12-8-22 Assignment ..................................................................................................................51
12-8-23 Miscellaneous ..............................................................................................................54
12-8-24 Town engineer authorization ...................................................................................56
12-8-25 Exhibits .........................................................................................................................56
12-8-26 Forms ............................................................................................................................56
12-8-1 Purpose and background
A. The purpose of this chapter is to:
1. Implement Arizona laws 2017, chapter 124 (A.R.S. § 9-591 et seq.);
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Exhibit A to Marana Resolution No. 2018-004 2 of 61 1/9/2018 10:03 AM
2. Incorporate standard terms by reference in each individual telecom license agreement and
right-of-way permit;
3. Promote uniformity in the telecom license agreements; and
4. Streamline the preparation and administration of telecom license agreements.
B. Various laws (the “telecommunications laws”) authorize the town to regulate its streets, alleys
and public utility easements, and to grant, renew, deny, amend and terminate licenses for and
otherwise regulate the installation, operation and maintenance of telecommunications systems.
The telecommunications laws include, without limitation, the following:
1. Chapter 12-7 of the town code (Construction in town rights-of-way) (the “street code”).
Town code section 12-7-3 (Permit required; exception) applies to a wireless provider, as
defined in A.R.S. § 9-591(26).
2. A.R.S. §§ 9-581 through 9-583, §§ 9-591 through 9-599, and other state and federal statutes.
3. The constitution of the state of Arizona.
4. Other applicable federal, state and local laws, codes, rules and regulations.
5. The town’s police powers, its authority over public right-of-way, and its other
governmental powers and authority.
C. The town owns public street and alley rights-of-way and public utility easements within the
boundaries of the town that are designated for use by utility companies for installation,
operation and repair of water, electrical and other utilities pursuant to franchises, licenses or
other agreements between utility companies and the town (collectively the “right-of-way”).
D. The town anticipates that one or more wireless providers may desire to locate antennas and
immediately related equipment at various locations (“the sites”) within the right-of-way.
E. The standard terms become effective as to each site as they are incorporated in the telecom
license agreement by reference. Except as otherwise stated, each telecom license agreement
stands on its own.
F. Because the town’s existing streetlight poles and traffic signed poles are not designed to safely
support the additional weight and stress of wireless facilities, wireless providers shall be
required to provide poles designed to support these facilities to replace existing poles prior
to attaching wireless facilities.
12-8-2 Definitions
A. The following definitions apply to each telecom license agreement and right-of-way permit:
1. “Antenna” means communications equipment that transmits or receives electromagnetic
radio frequency signals and that is used in providing wireless services.
2. “Antenna mounting bracket” means the hardware required to secure the antenna to the
pole.
3. “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.
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Exhibit A to Marana Resolution No. 2018-004 3 of 61 1/9/2018 10:03 AM
4. “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.
5. “Base use fee” means the amount that the company shall pay to the town for each year of
a license for use of the town right-of-way and the town-owned pole, in an amount
established by a fee schedule adopted by the council and amended from time to time.
6. “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.
7. “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.
8. “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 each
use area.
9. “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.
10. “FCC” means the federal communications commission.
11. “FCC rules” means all applicable radio frequency emissions laws and regulations.
12. “FCC OET bulletin 65” means the FCC’s office of engineering & technology bulletin 65
that includes the FCC radio frequency exposure guidelines.
13. “Ground mounted equipment” means any communications equipment that is mounted
to a separate post or to a foundation on the ground.
14. “Light emitting diode” or “LED” is a type of lighting fixture installed on town streetlight
and traffic signal poles.
15. “Light fixture” means the lighting unit or luminaire that provides lighting during the
evening hours or during the hours of darkness.
16. “Luminaire mast arm” means the horizontal post that attaches the light fixture to the
streetlight pole or traffic signal pole.
17. “Omni-directional antenna” or “omni antenna” is an antenna that is round in shape, like
a pipe, and may be about one inch diameter up to about six inches diameter.
18. “Ordinary permit use fee” means all fees related to the issuance of the right-of-way permit
in an amount established by a fee schedule adopted by the council and amended from
time to time (including without limitation all fees listed in the currently-adopted
comprehensive fee schedule under the subheading “right of way”).
19. “Outside diameter” means the points of measurement, using the outer edges of a pole,
pipe or cylinder.
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Exhibit A to Marana Resolution No. 2018-004 4 of 61 1/9/2018 10:03 AM
20. “Panel antenna” means the style of antenna that is rectangular in shape and with
dimensions that are generally four feet to eight feet in height, by eight inches to 12 inches
wide, and four inches to nine inches deep.
21. “Remote radio heads/remote radio units” or “RRU/RRH” means the electronic devices
used to amplify radio signals so that there is increased performance (farther distance) of
the outgoing radio signal from the antenna.
22. “RF” means radio frequency.
23. “RF letter” means a letter attesting to the wireless provider’s compliance with FCC RF
exposure guidelines from the wireless provider’s senior internal engineer.
24. “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.
25. “Right-of-way permit” means a permit issued pursuant to town code section 12-7-3.
26. “Sight distance easement” 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.
27. “Sight visibility triangle” 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.
28. “Signal head” means the “red, yellow and green” light signals at a signal-controlled
intersection.
29. “Signal head mast arm” means the horizontal pole that has the signal heads mounted to
it and attaches to the traffic signal pole.
30. “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.
31. “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 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 28 cubic feet in volume, or 50 cubic feet in volume if the equipment was ground
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Exhibit A to Marana Resolution No. 2018-004 5 of 61 1/9/2018 10:03 AM
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.
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.
32. “Standard terms” means the provisions of this chapter 12-8.
33. “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.
34. The “street code” means chapter 12-7 (Construction in town rights-of-way) of the town
code.
35. “Supplemental parcel agreement” means an agreement authorizing the wireless provider
to use property outside of the town’s right-of-way.
36. “Telecom license agreement” means the wireless communication facilities license that
incorporates this chapter of the town code—the standard recitals and the standard terms
for wireless providers to install and operate wireless facilities in the right-of-way.
37. “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.
38. “Use area” means the portions of the right-of-way where a wireless provider is authorized
to construct or place its wireless communication facilities pursuant to a right-of-way
permit and telecom license agreement (see section 12-8-3, Wireless communication
facilities use area). As applied to the telecom license agreement, “use area” refers
collectively to all use areas authorized by the telecom license agreement.
39. “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.
40. “Violation use fee” means the types of fees that the town has available to remedy certain
breaches of the telecom license agreement by a wireless provider, in an amount
established by a fee schedule adopted by the council and amended from time to time.
41. “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:
i. Equipment associated with wireless communications.
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Exhibit A to Marana Resolution No. 2018-004 6 of 61 1/9/2018 10:03 AM
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 A.R.S. § 9-506(I) or microcell
equipment described in A.R.S. § 9-584(E).
42. “Wireless infrastructure provider” as defined in A.R.S. § 9-591(23) means any person
authorized to provide telecommunications service in this state and who builds or installs
wireless communications transmission equipment, wireless facilities, utility poles or
monopoles but who is not a wireless service provider. Wireless infrastructure provider
does not include a special taxing district.
43. “Wireless provider” as defined in A.R.S. § 9-591(24) means a cable operator, wireless
infrastructure provider, or wireless services provider.
44. “Wireless provider’s improvements” means all improvements installed by the wireless
provider, including but not limited to all elements of the wireless facility, all screening
elements, any landscaping plants or materials, and any other elements provided by the
wireless provider in the approved telecom license agreement.
45. “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.
46. “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.
47. “Wireless support structure” as defined in A.R.S. §9-591(27):
a. Means:
i. 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.
b. Does not include a utility pole.
12-8-3 Wireless communication facilities use area
Authority to use right-of-way. The town grants to wireless provider the right to install wireless
facilities in the town’s right-of-way upon approval of a telecom license agreement and issuance
of a right-of-way permit for each use area, as set forth below:
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Exhibit A to Marana Resolution No. 2018-004 7 of 61 1/9/2018 10:03 AM
A. Limitations. Notwithstanding anything in this chapter 12-8 or in the telecom license
agreement to the contrary, the use area includes and is limited to only certain areas that
wireless provider is permitted to exclusively use and occupy (the “exclusive areas”) and
certain areas that wireless provider is permitted to use on a shared basis (the “shared areas”).
Each use area is defined by the boundary plan.
B. Use area boundary. The use area is the smallest geometric shape that includes the exclusive
areas and the shared areas. The use area excludes other parts of the right-of-way and all other
land. Wireless provider shall not occupy or use any other portion of the right-of-way or
adjoining lands. The telecom license agreement does not allow any use of land outside the
right-of-way. 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 the town, if applicable)
an agreement allowing such work, improvements and equipment (a “supplemental parcel
agreement”).
C. Exclusive areas. The exclusive areas are limited to the following, if and as defined by the
boundary plan:
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”). The area of the enclosure 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 under an issued right-of-way permit and any
enclosure for wireless provider’s use must be located outside the right-of-way and
authorized by a supplemental parcel agreement.
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 under an issued
right-of-way permit and any main antennas for wireless provider’s use must be located
outside the right-of-way and authorized by a supplemental parcel agreement.
D. Shared areas. Shared areas are limited to the following areas, if and as defined by the
boundary plan:
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. No temporary construction area is provided by these standard terms or an issued right-of-
way permit. Wireless provider must obtain from the town a separate written document
giving wireless provider permission to work in the right-of-way.
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.
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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
defined and correctly labeled “signal route” area, then no signal route area is available for
wireless provider’s use under these standard terms or an issued right-of-way permit and any
signal route for wireless provider’s use must be located outside the right-of-way and
authorized by a supplemental parcel agreement.
E. Power and telephone service. Nothing in this chapter 12-8 grants permission for any use of any
portion of the right-of-way for power, telephone or other service routes, if any. Use of the
public street right-of-way or public utility easements for these purposes, if any, is governed
by normal town right-of-way rules and policies and by the franchise between the town and
the electrical and telephone service providers.
F. Rights in adjacent land. Wireless provider’s rights are expressly limited to the real property
defined as the “use area” in the issued right-of-way permit. Without limitation, in the event
any public right-of-way or other public or private property at or adjacent to the use area is
owned, dedicated, abandoned or otherwise acquired, used, improved or disposed of by the
town, such property shall not accrue to wireless provider but shall be the town’s only.
G. Variation in area. In the event the use area consists of more or less than any stated area,
wireless provider’s obligations under the telecom license agreement shall not be increased or
diminished.
H. Condition of title. Wireless provider shall not have power to amend, modify, terminate or
otherwise change the site documents or create new site documents.
1. The town does not warrant its own or any other person’s title to or rights to use the use
area or any other property.
2. Wireless provider shall pay, indemnify, defend and hold harmless the 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.
I. Condition of use area. Each use area is 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 its condition or fitness for any use.
J. No real property interest. Notwithstanding any provision of this chapter 12-8 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 under the
telecom license agreement and any right-of-way permit are limited to use and occupation of
the use area for the permitted uses. Wireless provider’s rights in the use area are limited to
the specific rights created in the approved telecom license agreement and right-of-way
permit.
K. Reserved right and competing users and activities. Notwithstanding anything in this chapter
12-8 or in the approved telecom license agreement to the contrary, the town specifically
reserves to itself and excludes from an issued right-of-way permit a non-exclusive delegable
right (the “reserved right”) over the entire use area for all manner of real and personal
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Exhibit A to Marana Resolution No. 2018-004 9 of 61 1/9/2018 10:03 AM
improvements and for streets, sidewalks, trails, landscaping, utilities and every other land
use of every description. Without limitation:
1. Competing users. Wireless provider accepts the risk that the town and others (the
“competing users”) may now or in the future install their facilities in the use area in
locations that make parts of the right-of-way unavailable for wireless provider’s use.
2. Competing activities. Wireless provider accepts the risk that there may now or in the
future exist all manner of work and improvements upon the use area (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 area and whether
occasioned by existing or proposed uses of the right-of-way or existing or proposed uses
of adjoining or nearby land:
a. 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.
b. 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.
c. All manner of canals, 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.
d. All other uses of the right-of-way that the town may permit from time to time.
3. The town’s rights cumulative. All of the town’s reserved rights under various provisions
of the town code or an approved telecom license agreement shall be cumulative to each
other.
4. Use priorities. This chapter 12-8 and the approved telecom license agreement and right-
of-way permit 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 area. Wireless
provider shall not obstruct or interfere with or prevent any competing user from using
the use area.
5. Regulation. The town shall have full authority to regulate use of the use area and to
resolve competing demands and preferences regarding use of the use area and to require
wireless provider to cooperate and participate in implementing such resolutions. Without
limitation, the town may take any or all of the following into account in regulating use of
the use area:
a. All timing, public, operational, financial and other factors affecting existing and future
proposals, needs and plans for competing activities.
b. All other factors the town may consider relevant, whether or not mentioned in this
chapter 12-8, the telecom license agreement, or issued right-of-way permits.
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c. Differing regulatory regimes or laws applicable to claimed rights, public benefits,
community needs and all other factors relating to competing users and competing
activities.
6. Communications equipment relocation. Upon 180 days’ notice from the town, wireless
provider shall temporarily or permanently relocate or otherwise modify the
communications equipment relocation (the “relocation work”) as follows:
a. Wireless provider shall perform the relocation work at its own expense when required
by the town engineer or designee.
b. The relocation work includes all work determined by the 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.
c. The town may perform any part of the relocation work that has not been performed
within the allotted time. Wireless provider shall reimburse the town for its actual costs
in performing any relocation work. The town has no obligation to move wireless
provider’s, the town’s or others’ facilities, but will in good faith assist wireless
provider to find a new location and to expedite the approval process.
d. The 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 the town’s request.
e. All relocation work shall be subject to and comply with all other provisions of the
telecom license agreement.
7. Disruption by competing users. Neither the town nor any agent, contractor or employee
of the 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.
8. Emergency disruption by the town. The town may remove, alter, tear out, relocate or
damage portions of the communications equipment in the case of fire, disaster, or other
emergencies if the town engineer deems such action to be reasonably necessary under the
circumstances. The town will make reasonable efforts to contact the wireless provider’s
network operations center. In that event, neither the town nor any agent, contractor or
employee of the 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, the
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, the town shall
inform wireless provider after such actions. Wireless provider’s work to repair or restore
the communications equipment shall be relocation work.
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 the town, to the town’s equipment or facilities, to other improvements or
activities within or without the use area, or to the town’s ability to safely and conveniently
operate the right-of-way or perform the town’s utility, public safety or other public health,
safety and welfare functions, then wireless provider shall immediately remedy the
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Exhibit A to Marana Resolution No. 2018-004 11 of 61 1/9/2018 10:03 AM
hazard, comply with the town’s requests to secure the right-of-way, and otherwise
cooperate with the town at no expense to the town to remove any such hazard or
impediment. Wireless provider’s work crews shall report to the use area within four hours
of any request by the town under this paragraph (the “safety paragraph”).
L. Third party permission. There may be 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 (“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 area shall be suspended, but not its obligations with respect thereto,
during any period that a third party permission is not in effect.
M. Telecom license agreement use area list. Upon wireless provider’s satisfactory completion of
construction or installation of wireless communication facilities pursuant to an issued right-
of-way permit, the town engineer shall add the use area to the use area list attached to the
wireless provider’s telecom license agreement.
12-8-4 Term of telecom license agreements
A. Term of agreement. The term of each telecom license agreement shall be as follows:
1. Original term. The original term of each telecom license agreement shall be for a period
of ten years commencing on the effective date as stated in the approved telecom license
agreement, and the terms of all related right-of-way permits shall have the same term as
the approved telecom license agreement.
2. Extensions. The term of each telecom license agreement may be extended as follows:
a. The term of each telecom license agreement may be extended for one additional ten-
year period subject to consent by the town and wireless provider, which either may
withhold in its sole and absolute discretion.
b. Both the town and wireless provider shall be deemed to have elected to extend unless
the town or wireless provider, respectively, gives notice to the contrary to the other at
least 90 days prior to the end of the original term or the current extension.
c. The second term shall begin ten years plus one day after the initial effective date.
B. Holding over. In any circumstance whereby wireless provider would remain in possession or
occupancy of the use area after the expiration of the applicable telecom license agreement and
issued right-of-way permits (as extended, if applicable), such holding over shall not be
deemed to operate as a renewal or extension of the telecom license agreement and issued
right-of-way permits, but shall only create a use right from month to month that may be
terminated at any time by the town upon 30 days’ notice to wireless provider, or by wireless
provider upon 60 days’ notice to the town.
C. The town’s right to cancel. Notwithstanding anything contained in this chapter 12-8 or in the
approved telecom license agreement to the contrary, the town shall have the unconditional
right, with or without cause, to terminate any right-of-way 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 180 days’ notice given at any time after the first 180 days. The
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Exhibit A to Marana Resolution No. 2018-004 12 of 61 1/9/2018 10:03 AM
town shall assist wireless provider in locating a new site for the facility and expedite the
process.
D. Wireless provider’s right to cancel. Wireless provider shall have the unilateral right to
terminate any right-of-way permit without cause upon 30 days’ 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).
12-8-5 Wireless provider’s payments
A. Wireless provider’s payments. Wireless provider shall make payments to the town as follows:
1. Use fee items. Wireless provider shall pay to the town each of the following separate and
cumulative amounts (collectively the “use fee”):
a. An annual amount (the “base use fee”).
b. An amount (the “ordinary permit use fee”) based on wireless provider’s permit
review and other costs as set out below.
c. An amount (the “violation use fee”) based on certain breaches by wireless provider of
the telecom license agreement as set out in paragraph 12-8-15 C below.
d. All other amounts required by the telecom license agreement.
2. Base use fee amount. The amount of base use fee wireless provider shall pay to the town
for each year of the telecom license 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), in an amount established by a fee
schedule adopted by the council and amended from time to time.
3. Ordinary permit use fee amount. The amount of the ordinary permit use fee shall be the
total amount of all applicable ordinary fees payable to the town for the town’s review of
plans, issuance of permits, and inspection of wireless provider’s work upon the use area
(including, without limitation, right-of-way permits and any required building permits),
in amounts established by a fee schedule adopted by the council and amended from time
to time.
4. Use fee cumulative. All items of use fee shall be cumulative and separate from each other.
5. Use fee schedule. Wireless provider shall pay base use fee and ordinary permit use fee at
the times and in the amounts specified by the town’s normal processes for the payment
of base use fees and ordinary permit use fees.
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
limits of the town during the current calendar year. The initial letter of credit shall be
received by the town before the first right-of-way permit is issued as follows:
a. The amount of the letter of credit shall be as follows:
i. $30,000 for up to ten wireless sites
ii. $60,000 for 11 to 20 wireless sites
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Exhibit A to Marana Resolution No. 2018-004 13 of 61 1/9/2018 10:03 AM
iii. $105,000 for 21 to 35 wireless sites
iv. $180,000 for 36 to 60 wireless sites
v. $300,000 for 61 to 100 wireless sites
vi. $450,000 for 101 to 150 wireless sites
vii. $675,000 for 151 to 225 wireless sites
viii. $1,050,000 for 226 to 350 wireless sites
ix. $1,500,000 for 351 to 500 wireless sites
x. $2,250,000 for 501 to 750 wireless sites
xi. $3,000,000 for 751 to 1,000 wireless sites
xii. If the number of wireless provider’s wireless sites is more than 1,000, the
$3,000,000 letter of credit shall remain in effect and the letter of credit for the
wireless sites in excess of 1,000 sites shall be calculated using the schedule
provided in this subsection.
b. 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 the 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.
c. The letter of credit is a security deposit for wireless provider’s performance of all of its
obligations under this chapter 12-8 and the approved telecom license agreement
within the town limits of the town.
d. The letter of credit shall meet the following requirements.
i. The letter of credit shall be printed on bank safety paper.
ii. The following terms and no others shall be stated on the face of the letter of credit:
a) The letter of credit is clean, unconditional, and irrevocable.
b) The letter of credit is payable to the town upon presentation of the town’s draft.
c) The town may make partial draws upon the letter of credit.
d) The letter of credit is conditioned for payment solely upon presentation of a
sight draft and a copy of the letter of credit.
e) Within ten days after the town’s draft on the letter of credit is honored, the
town must make the original of the letter of credit available to the issuer in
Pima County, Arizona upon which the issuer may endorse its payments.
f) The issuer specifies a telefax number, email address, and street address at
which the town may present drafts on the letter of credit.
g) The letter of credit is valid until a specified date.
h) The letter of credit will be automatically renewed for successive one year
periods, unless at least 120 days prior to expiration the issuer notifies the town
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Exhibit A to Marana Resolution No. 2018-004 14 of 61 1/9/2018 10:03 AM
in writing, by either registered or certified mail, that issuer elects not to renew
the letter of credit for the additional period. In the event of such notification,
any then unused portion of the letter of credit shall be available by draft on or
before then current expiration date.
i) The letter of credit is otherwise subject to the most recent edition of the uniform
customs and practices for documentary credits, published by the international
chamber of commerce.
j) The letter of credit need not be transferable.
iii. Approved forms. The form of the letter of credit and of drafts upon the letter of
credit shall be as set forth in section 12-8-26 (Forms)
iv. Issuer requirements. The issuer of the letter of credit shall meet all of the following
requirements:
a) The issuer shall be a federally insured financial institution with offices in Pima
County, Arizona, at which drafts upon the letter of credit may be presented.
b) The issuer shall be a member of the New York clearing house association or a
commercial bank or trust company satisfactory to the town.
c) The issuer shall have a net worth of not less than $1 billion.
e. Wireless provider shall provide and maintain the letter of credit during the entire term
of each telecom license agreement as follows:
i. Wireless provider shall cause the original letter of credit to be delivered to the
town engineer for deposit with the town finance director.
ii. Wireless provider shall pay all costs associated with the letter of credit, regardless
of the reason or manner such costs are required.
iii. Within ten business days after the town gives wireless provider notice that the
town has drawn on the letter of credit, wireless provider shall cause the letter of
credit to be replenished to its prior amount.
f. The 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:
i. Wireless provider fails to cause the letter of credit to be renewed, extended,
increased in amount or otherwise maintained as required by these standard terms.
ii. Wireless provider fails to make monetary payments as required by these standard
terms.
iii. 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.
g. The town shall also have such additional rights regarding the letter of credit as may
be provided elsewhere in the telecom license agreement.
7. Late fees. Use fee is deemed paid only when the town actually receives good cash
payment. Should any use fee not be paid on or before the date due, a late fee shall be
added to the amount due in an amount established by a fee schedule adopted by the
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Exhibit A to Marana Resolution No. 2018-004 15 of 61 1/9/2018 10:03 AM
council and amended from time to time. Any use fee that is not timely paid shall accrue
simple interest at the rate of 1½% 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 the town and wireless provider of the town’s costs (such as accounting,
administrative, legal, and processing costs) in the event of a delay in payment of use fee.
The town shall have the right to allocate payments received from wireless provider among
wireless provider’s obligations.
8. Use fee amounts cumulative. All amounts payable by wireless provider under this chapter
12-8 or an approved telecom license agreement or under any tax, assessment or other
existing or future ordinance, law or other contract or obligations to the town or the state
of Arizona shall be cumulative and payable in addition to each other payment required
under this chapter 12-8 or an approved telecom license agreement, and such amounts
shall not be credited toward, substituted for, or setoff against each other in any manner.
12-8-6 Use restrictions
Use restrictions. Wireless provider’s use and occupation of the use area shall in all respects
conform to all and each of the following cumulative provisions:
A. Permitted uses. Wireless provider shall use the use area solely for the permitted uses and shall
conduct no other activity at or from the use area.
B. Enclosure use. Wireless provider shall use the enclosure solely for locating utility cabinets
and housing the communications equipment used for the antennas.
C. Small wireless facility. Wireless provider may install a small wireless facility, as defined in
A.R.S. § 9-591(19), to be limited as follows:
1. All antennas, including the antenna’s exposed elements, are located inside an enclosure
of not more than six cubic feet in volume, and
2. All other wireless equipment associated with the facility is cumulatively not more than 28
cubic feet in volume.
3. The following ancillary equipment is not included in the equipment volume:
a. Electric meter
b. Concealment elements
c. telecom demarcation box
d. Grounding equipment
e. Power transfer switch
f. Cutoff switch
g. Vertical cable runs
D. Communications operations restriction. 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 the 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
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Exhibit A to Marana Resolution No. 2018-004 16 of 61 1/9/2018 10:03 AM
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 the town. Wireless provider shall give to the town notice containing
a list of the radio frequencies wireless provider is using at the use area and shall give notice
to the town of any change in frequencies.
E. Other equipment. Wireless provider shall not disturb or otherwise interfere with any other
antennas or other equipment the town may have already installed or may yet install upon the
right-of-way.
F. Signs. All signage is prohibited except in compliance with the following requirements:
1. Wireless provider shall install and thereafter maintain the following signs and other
markings as reasonably determined by the town from time to time:
a. All signs and markings required for safe use of the use area by the town, wireless
provider and other persons who may be at the use area at any time for any reason.
b. Any signage the town may request directing parking, deliveries and other vehicles
and other users to comply with the telecom license agreement.
c. Warning signs listing only wireless provider’s name, permanent business address,
telephone number, emergency telephone number, and any information required by
law.
2. All signage not expressly allowed by these standard terms is prohibited.
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 the town’s sign programs as the same
may change from time to time. Wireless provider shall update signs as required to comply
with changes in the applicable sign ordinance and the town’s sign programs.
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.
5. Wireless provider shall bear all costs pertaining to the erection, installation, operation,
maintenance, replacement and removal of all signs including, but not limited to, the
application for and obtaining of any required building or other permits regardless of the
reason for any such activity, even if such activity is required by the town pursuant to these
standard terms.
6. The requirements of this paragraph apply to all signs, designs, monuments, decals,
graphics, posters, banners, markings, and other manner of signage.
G. Wireless provider’s lighting. Except for security lighting operated with the town’s approval
from time to time, wireless provider shall not operate outdoor lights at the use area.
H. Noise. Except during construction permitted under these standard terms 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 does
not exceed the ambient noise level at the boundary of the right-of-way and cannot be heard
at the closer of (i) the exterior boundary of the right-of-way or (ii) 200 feet outside the
boundary of the right-of-way. The preceding sentence does not apply to use of normal,
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Exhibit A to Marana Resolution No. 2018-004 17 of 61 1/9/2018 10:03 AM
properly maintained construction equipment used as permitted by an issued right-of-way
permit, to infrequent use of equipment that is as quiet or quieter than a typical well
maintained gasoline powered passenger automobile, or to use of an air conditioning unit that
is no noisier than a typical well maintained residential air conditioning unit.
I. Limited access. It is wireless provider’s and not the town’s responsibility to keep
unauthorized persons from accessing the communications equipment and the exclusive areas.
J. Standards of service. Wireless provider shall operate the use area in a first-class manner, and
shall keep the use area attractively maintained, orderly, clean, neat and tidy at all times.
K. Wireless provider’s agent. Wireless provider shall at all times retain on call available to the
town by telephone an active, qualified, competent and experienced person to supervise all
activities upon the use area and operation of the communications equipment and who 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
the issued right-of-way permit. Wireless provider shall also provide notice to the town of the
name, street address, electronic mail address, and regular and after hours 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 the town engineer in the manner stated for notices required
under this chapter 12-8 and the approved telecom license agreement.
L. Coordination meetings. Wireless provider shall meet with the town and other right-of-way
users from time to time as requested by the town to coordinate and plan construction on the
use area and all matters affected by these standard terms. Without limitation, wireless
provider shall attend the town’s scheduled utility planning meetings.
M. Toxic substances. Wireless provider’s activities upon or about the use area 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”):
a. Wireless provider understands the hazards presented to persons, property and the
environment by dealing with toxic substances. Notwithstanding anything in this
chapter 12-8 or in the approved telecom license agreement to the contrary, the town
makes and has made no warranties as to whether the use area contains actual or
presumed asbestos or other toxic substances.
b. Within 24 hours after discovery by wireless provider of any toxic substances, wireless
provider shall report such toxic substances to the town in writing. Within 14 days
thereafter, wireless provider shall provide the town with a written report of the nature
and extent of such toxic substances found by wireless provider.
c. Disturbance of toxic substances. Prior to undertaking any construction or other
significant work, wireless provider shall cause the use area 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
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Exhibit A to Marana Resolution No. 2018-004 18 of 61 1/9/2018 10:03 AM
substances, wireless provider shall cause the contractor or other person performing
such work to give to the town notice by the method described in this chapter 12-8 or
in the approved telecom license agreement to the effect that the person will inspect for
toxic substances, will not disturb toxic substances, and will indemnify, defend and
hold the 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 area
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 the
town copies of all reports or other information regarding toxic substances.
N. Required operation. During the entire term of the telecom license agreement and any
renewals or extensions, wireless provider shall actively and continuously operate the
communications equipment 24 hours a day, seven days a 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 earlier of completion of
the project or the completion deadline and shall continue through the date the telecom license
agreement terminates or expires for any reason. In the event of relocation of the
communications equipment or damage to the use area 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
standard terms for accomplishing repair of such damage to 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.
O. Actions by others. Wireless provider shall be responsible to ensure compliance with these
standard terms by all persons using the right-of-way through or under wireless provider or
these standard terms.
12-8-7 Wireless provider’s improvements generally
All of wireless provider’s improvements and other construction work, whether or not specifically
described in this chapter 12-8 or in the approved telecom license agreement, upon or related to
the use area (collectively “wireless provider’s improvements”) shall comply with the following:
A. 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.
B. 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 standard terms. Wireless provider’s satisfaction of any requirement set forth in these
standard terms does not substitute for compliance with any regulatory requirement. Wireless
provider’s satisfaction of any regulatory requirement does not substitute for compliance with
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Exhibit A to Marana Resolution No. 2018-004 19 of 61 1/9/2018 10:03 AM
any requirement of these standard terms. Wireless provider must make all submittals and
communications regarding the requirements of these standard terms through the town
engineer and not through planning, zoning, building safety or 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 area. 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 extent regulatory requirements and requirements of th ese standard
terms are identical, compliance with regulatory requirements shall constitute compliance
with these standard terms and vice versa.
C. 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.
D. Relationship of plans approval to regulatory processes. Wireless provider’s submission of
plans under these standard terms, the town’s approval of plans for purposes of these standard
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 standard terms and its approvals. Building permits,
zoning clearances, or any other governmental reviews or actions do not constitute approval
of any plans for purposes of the telecom license agreement.
E. The town’s fixtures and personalty. Wireless provider shall not remove, alter or damage in
any way any improvements or any personal property of the town upon the use area without
the town’s prior written approval. In all cases, wireless provider will repair any damage or
other alteration to the 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.
F. Design requirements. All wireless provider’s improvements shall comply with the following
design requirements:
1. All wireless provider’s improvements shall be contained entirely within the use area and
without any encroachment or dependence upon any other property, except for permitted
utility service.
2. Any changes to utility facilities shall be strictly limited to the use area, shall not affect
utilities used by the town, and shall be undertaken by wireless provider at its sole cost
and expense.
3. The antennas and other communications equipment shall be properly designed, installed
and maintained so as not to create a risk of damage to the Pole, to persons or property
upon or using the right-of-way or the town’s other property.
4. To the extent requested by the town, wireless provider’s plans shall include a description
of construction methods employed to address environmental issues affecting or affected
by the use area and protect other facilities at the right-of-way and surrounding properties.
5. All specifications set forth in sections 12-8-8 through 12-8-12 below.
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G. Approval required. Wireless provider shall not construct any of wireless provider’s
improvements (including work on adjacent public lands, if applicable) without having first
received written plans approval from 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 the town. Such
consent requirement does not apply to work on the communications equipment that is
confined to the area inside the enclosure and not visible, audible, or otherwise discernible
outside the enclosure.
H. Effect of plans approval. Wireless provider shall submit engineering and construction plans
to the town for review and approval. The town’s approval of plans submitted shall be for
purposes of these standard 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. The town shall not reject subsequent plans to the extent the matter to
which the town objects was plainly shown on plans previously approved by the town.
However, the 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.
I. 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:
a. 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.
b. 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 standard terms. The preliminary plans shall show all detail
necessary prior to preparation of final plans.
c. Final plans. In addition to the information that the town required for preliminary
plans, the final plans shall include engineering design documents for the pole
foundation, pole structural design, and other generally required engineering
specifications for construction drawings for permits.
J. Approval process. The following procedure shall govern wireless provider’s submission to
the town of all plans for wireless provider’s improvements, including any proposed changes
by wireless provider to previously approved plans:
a. All plans wireless provider submits under these standard terms shall show design,
appearance, capacity, views, and other information reasonably deemed necessary by
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Exhibit A to Marana Resolution No. 2018-004 21 of 61 1/9/2018 10:03 AM
the town for a complete understanding of the work proposed, all in detail reasonably
deemed appropriate by the town for the level of plans required herein.
b. Wireless provider shall deliver all plans submissions for non-regulatory approvals
required in this chapter 12-8 or in the approved telecom license agreement directly to
the town engineer and shall clearly label the submissions to indicate that they are
submitted pursuant to this chapter 12-8 and the approved telecom license agreement
and not for building permits, zoning or other approvals. Each submittal of plans by
wireless provider for the town’s review shall include the number and format of plans
conforming to then-current town administrative procedures.
c. All construction plans shall be prepared by qualified registered professional
engineers.
d. The 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 the town’s ownership and other uses of the use area, and
as a condition of the town’s issuance of a right-of-way permit, final decision authority
regarding all design and construction issues shall rest with the town engineer.
e. All of wireless provider’s improvements shall comply with all requirements of law,
any applicable insurance contracts and these standard terms.
K. 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 the town’s equipment or other
improvements or personalty that may occur. In no event shall the 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 the telecom license
agreement or any right-of-way permit. 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 the town and the 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 area and the 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 area, or by any exercise of the rights granted to wireless provider
under this chapter 12-8 or a telecom license agreement.
L. Improvement quality. Any and all work performed on the use area by wireless provider shall
be performed in a workman-like manner meeting or exceeding the best practices of similar
facilities in Pima 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 the town through the plans approval processes described in
these standard terms in addition to any zoning, building code or other regulatory processes
that may apply.
M. Ownership of wireless provider’s improvements. All wireless provider’s improvements
(including without limitation poles and lights) except the communications equipment shall
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Exhibit A to Marana Resolution No. 2018-004 22 of 61 1/9/2018 10:03 AM
be and become part of the real property of the town “brick by brick” as constructed or
installed.
N. 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 the 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.
O. Replacement pole. If the town approves a wireless provider proposal to install antennas on a
town owned pole, then in addition to the other requirements, the following shall apply:
a. Wireless provider shall provide and deliver to the town a replacement pole, including
mast arm, so that a replacement is immediately available to the town in case the
original pole is damaged.
b. If the town uses a replacement pole, then wireless provider shall provide another
replacement pole.
c. 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 operations center yard or if the wireless provider shall dispose of the
original pole, mast arm, signal head and light fixture.
d. All performance under this paragraph shall be at wireless provider’s expense. The
town owns the original pole and all replacement poles.
P. Coordination. The use area is located in the town’s public right-of-way. Wireless provider
shall obtain permits at wireless provider’s expense as follows:
a. Wireless provider shall perform no construction work in the right-of-way without
obtaining a right-of-way permit giving permission for the construction work in the
right-of-way.
b. 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 the town and obtaining approval from the town engineer and any
required building permits.
c. Wireless provider shall not perform any work on its own antennas or wireless
equipment without first obtaining from the town a right-of-way permit giving it
permission to work in the right-of-way.
d. Wireless provider shall not in any way obstruct pedestrian or vehicular traffic within
the right-of-way without first obtaining from the town a right-of-way permit giving
permission to obstruct traffic.
Q. 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 initial construction of the project no later than the completion
deadline. Wireless provider shall complete construction of all of other wireless provider’s
improvements no later than 180 days of right-of-way permit issuance unless the town and
wireless provider agree to extend this period or a delay is caused by a lack of commercial
power at the site. If the town, in its sole examination of the construction activity at a site,
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Exhibit A to Marana Resolution No. 2018-004 23 of 61 1/9/2018 10:03 AM
determines that wireless provider has not substantially performed construction at a site
within 180 days of the right-of-way permit issuance date, the town may require the wireless
provider to cease construction and resubmit the site for approval.
R. Construction notification. The town may establish requirements for notification of nearby
residents and property owners prior to construction.
S. 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 right-of-way permits) or nearby land uses. Without
limitation, such work shall be done in compliance with applicable the 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.
12-8-8 Common standard design concepts, requirements and details for all wireless
facilities in the right-of-way
A. The standard design requirements set forth in this section shall apply to all new wireless
facilities in the right-of-way.
B. The design standards set forth in sections 12-8-8 through 12-8-12 below are not exhaustive.
The town engineer may modify or adjust the requirements on a case-by-case basis to address
restraints or conditions peculiar to a particular location.
C. All work shall be performed by and on behalf of wireless provider in a professional manner
consistent with the highest standards of workmanship.
D. All wireless communication facilities shall be installed in a manner that minimizes the visual
and ingress/egress impact to the general public.
E. Pole design and installation.
1. Replacement pole clearances – underground utilities. All ground-mounted electrical
equipment shall maintain minimum horizontal clearance from underground utilities.
a. General clearances shall be as follows:
i. Clearance from water lines shall be at least six feet.
ii. Clearance from sewer lines shall be at least six feet.
iii. Clearance from telecommunications shall be at least one foot.
iv. Clearance from cable television lines shall be at least one foot.
v. Clearance from all other underground infrastructure shall be at least six feet.
b. 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 on factors specific to the site.
c. 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
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Exhibit A to Marana Resolution No. 2018-004 24 of 61 1/9/2018 10:03 AM
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 (refer to exhibits A1 and A2 in section 12-8-25 below)
i. 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.
ii. 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 24 inches as the base height.
b. Traffic signal pole (refer to exhibit B in section 12-8-25 below). A traffic signal pole
with a luminaire mast arm that is mounted above the 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 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
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 and sight visibility triangles. All new and replacement poles
shall be installed in a location that does not impair or interfere with sight distance
easement or sight visibility triangle safety requirements.
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
and pole. There shall not be any “dog house” or externally visible conduit or entry
point of the cables unless specified by the town.
b. 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 inches below the bottom of the
antenna.
8. Wireless facility identification information
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Exhibit A to Marana Resolution No. 2018-004 25 of 61 1/9/2018 10:03 AM
a. A four inch by six inch radio frequency safety notice may be mounted no less than 24
inches from the bottom of the antenna, facing away from traffic.
b. The wireless provider may place a discreet site identification or number. The size,
color and location of this identifier shall be determined by the town.
c. 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 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.
F. 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 at no cost to the town, to the town’s
operations yard by the wireless provider.
b. If the town accepts some of the original components, then only those components shall
be delivered by the wireless provider to the town’ operations yard 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 12
inches below existing grade and covered with four inches of half-inch to three-quarter-
inch rock materials. The remaining eight inches shall be native soil.
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 engineer
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-sack slurry for the entire
depth, or a combination of native soil and slurry.
G. 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. All work shall be performed in a professional manner that is
consistent with the highest standards of workmanship.
2. Specific criteria:
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Exhibit A to Marana Resolution No. 2018-004 26 of 61 1/9/2018 10:03 AM
a. Antenna mounting posts and brackets.
i. 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 inches.
ii. 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.
iii. All pole attached wireless equipment must be a minimum ten feet from the
sidewalk elevation.
b. Panel antennas.
i. All panel antennas for a small cell site shall fit within an imaginary enclosure of
not more than six 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.)
ii. 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.
(refer to exhibits D1 and D2 in section 12-8-25 below)
a) The type of shroud may be a 45-degree angle (away from the bottom of the
antenna; toward the pole) or a 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 inches below
the bottom of the nearest hand-hole.
c. Canister antennas.
i. All canister antennas for a small cell site shall fit within an imaginary enclosure of
not more than six cubic feet in volume. (Note: This volume does not include the
canister as it is a stealth device and not the antenna.)
ii. The canister shall be no larger than 18 inches (outside diameter).
iii. All canister antennas shall be located in a canister mounted to a base plate at the
top of the vertical section of the replacement pole.
iv. 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/remote radio units (RRU/RRH). Under A.R.S. § 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) and subject to the 28 cubic foot maximum size for small cell sites.
On a case-by-case basis, the town in the sole discretion of the town engineer—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.
e. Painting antennas and mounting equipment.
i. All antenna mounting brackets and hardware, antenna mounting posts, cables,
shrouds and other equipment mounted on a new or replacement unpainted
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Exhibit A to Marana Resolution No. 2018-004 27 of 61 1/9/2018 10:03 AM
galvanized pole shall be painted with the town’s standard color and quality of
paint, as specified by the town engineer.
ii. 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 engineer.
iii. 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 engineer that will closely match the color of the wood.
H. Ground-mounted equipment.
1. General requirements.
a. All ground-mounted equipment shall be installed in a manner that minimizes the
visual and ingress/egress impact to the general public.
b. All ground-mounted wireless equipment must 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.
2. Specific criteria:
a. Sight distance easements and sight visibility triangles. All ground-based wireless
equipment shall be installed in a location that does not impair or interfere with sight
distance easement or sight visibility triangle safety requirements. To ensure proper
sight distance, all town 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 right-of-way while maintaining at least three feet of
ingress/egress in the right-of-way or public utility easement around the equipment.
c. Ground equipment clearances—underground utilities.
i. All ground-mounted electrical equipment shall maintain the following minimum
horizontal clearance from below-ground utilities:
a) Clearance from water lines shall be at least six feet.
b) Clearance from sewer lines shall be at least six feet.
c) Clearance from telecommunications shall be at least one foot.
d) Clearance from cable television lines shall be at least one foot.
e) Clearance from all other underground infrastructure shall be at least six feet.
ii. 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.
iii. Where there is an issue with horizontal separation from other underground
utilities, the wireless provider may elect to work with the affected utility to have
its lines, pipes or property moved so that minimum clearance is achieved. All
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Exhibit A to Marana Resolution No. 2018-004 28 of 61 1/9/2018 10:03 AM
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. Ground equipment shall maintain a
minimum 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.
e. Compliance with height requirements. Evidence or documentation that, where the
above-ground structure is over 36 inches in height, given its proposed location, the
structure will comply or be in compliance with the town’s land development code.
f. Screening of ground equipment. The town, in its sole discretion, may require ground-
mounted equipment to be screened; the type of screening materials and design will be
addressed on a case-by-case basis. In cases when screening is not required, the town
may specify the paint color of the ground-mounted equipment.
g. Decals and Labels
i. All equipment manufacturers’ decals, logos and other identification information
shall be removed unless required for warranty purposes.
ii. The wireless provider may affix an emergency contact decal or emblem to the
ground equipment.
iii. The ground-mounted equipment shall not have any flashing lights, sirens or
regular noise other than a cooling fan that may run intermittently.
h. Equipment cabinets on residential property.
i. Residential single-family lot. The wireless equipment and ancillary equipment
listed in A.R.S. § 9-591(19)(b) shall not exceed 36 inches in height in the front yard
of a residential single-family zoned property.
ii. 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 15 feet from lots where the existing or planned primary use
is a residential single-family dwelling.
i. Electric company meter.
i. All electric company meters shall be installed in the right-of-way or in an adjacent
public utility easement. The location of the meter equipment shall have minimum
ingress and egress clearance from private property lines and driveways.
ii. All electric company meters shall maintain minimum clearance from above-
ground utility cabinets and below-ground utilities.
iii. All electric company meters shall be installed in a location that does not impair or
interfere with the sight distance easement or sight visibility triangle safety
requirements of the town.
iv. 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. (refer to exhibit E in section 12-8-25 below)
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Exhibit A to Marana Resolution No. 2018-004 29 of 61 1/9/2018 10:03 AM
v. 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.
12-8-9 Standard design requirements for a small wireless facility on an existing streetlight.
A. General. In addition to the common standards set forth in section 12-8-8 above, the design
standards in this section shall apply to the proposed collocation of a small wireless facility on
an existing town-owned or third party-owned streetlight in the town right-of-way.
B. 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 right-of-way. The attachment of wireless equipment to an existing streetlight pole
or to a replacement pole that impedes this primary purpose will not be approved.
C. General requirements.
1. A small wireless facility shall be designed to blend in with the surrounding streetscape
with minimal visual impact.
2. A replacement pole shall match the town’s standard streetlight pole, as closely as possible,
subject to more specific criteria below.
3. As specified in paragraph 12-8-7 O above, 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.
4. All plans shall be signed and sealed by a registered professional engineer.
5. All other standard town details shall apply.
D. Specific criteria.
1. New or replacement pole height. A new or replacement pole may be installed without
zoning review under town code chapter 17-18 (wireless communication facilities) if one
of the two following height requirements is met:
a. Up to a ten-foot increase, not to exceed 50 feet total (whichever is less), per A.R.S.
§ 9-592(I); or
b. Up to 40 feet above ground level, per A.R.S. § 9-592(J).
2. Overall height of replacement pole.
a. 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.
b. 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.
3. Increase in outside diameter of pole. The non-tapered replacement pole outside diameter
of the base section shall be equal to the top section, and the outside diameter shall not
exceed eight and five-eighths inches (the pole manufacturing industry standard outside
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Exhibit A to Marana Resolution No. 2018-004 30 of 61 1/9/2018 10:03 AM
diameter for an 8-inch diameter pole) or a 100% increase in diameter of the original pole,
whichever is less.
4. Luminaire mast arms.
a. 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.
b. Unless otherwise approved, all luminaire mast arms shall match the arc (if applicable)
and style of the original luminaire arm.
c. The replacement luminaire mast arm shall be at the same height above the ground as
the existing luminaire.
5. Luminaire fixtures.
a. All replacement poles shall have the town standard light-emitting diode (LED) light
fixture installed.
b. All replacement light fixtures shall have a new town standard photo-cell or sensor
provided by the wireless provider.
6. Pole foundation
a. All pole foundations shall conform to the town’s standards and specifications on
streetlight design and shall be modified for wireless communications equipment and
cables.
b. The town, in its sole discretion, may allow the pole foundation design to be “worst
case” for all soil conditions.
c. 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 inches above the top of the pole foundation.
d. The height of the pole foundation shall be two inches above finished grade. If the pole
foundation encroaches into any portion of the sidewalk, then the pole foundation shall
be flush with the sidewalk.
e. Shrouds for the streetlight pole mounting bolts may be required for the replacement
pole.
7. Painting of replacement pole.
a. 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.
b. For powder coated poles, the wireless provider shall replace with same powder coated
color and/or color combination per the town’s street light standards, as directed by
the town engineer.
8. Painting antennas and mounting equipment
a. All antenna mounting brackets and hardware, antenna mounting posts, cables,
shrouds and other equipment mounted on a new or replacement unpainted
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Exhibit A to Marana Resolution No. 2018-004 31 of 61 1/9/2018 10:03 AM
galvanized pole shall be painted per the town’s street light standards, as directed by
the town engineer.
b. 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.
9. Wireless provider shall install pole numbers on each replacement pole (to match the
number on the existing streetlight pole being replaced) per the town’s street light
standards, as directed by the town engineer.
12-8-10 Standard design requirements for a small wireless facility on a traffic signal pole.
A. General. In addition to the common standards set forth in section 12-8-8 above, the design
standards in this section shall apply to the proposed collocation of a small wireless facility on
an existing town-owned or third party-owned traffic signal in the town right-of-way.
B. Purpose of traffic signal pole.
1. 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 right-of-way.
2. The attachment of wireless equipment to a new or replacement traffic signal pole that
impedes the traffic signal pole’s purpose will not be approved.
C. General requirements.
1. A small wireless facility shall be designed to blend in with the surrounding streetscape
with minimal visual impact.
2. A replacement pole shall match the town’s standard traffic signal pole, as closely as
possible, subject to more specific criteria below.
3. As specified in section 12-8-7 O above, for each individual pole type or style used to
support the wireless equipment, one spare replacement pole shall be provided by wireless
provider to town in advance so the pole can be replaced promptly in case of a knockdown.
4. All plans shall be signed and sealed by a registered professional engineer.
5. All other standard town details shall apply.
D. Specific criteria.
1. New or replacement pole height. A new or replacement pole may be installed without
zoning review under town code chapter 17-18 (wireless communication facilities) if one
of the two following height requirements is met:
a. Up to a ten-foot increase, not to exceed 50 feet total (whichever is less), per A.R.S.
§ 9-592(I); or
b. Up to 40 feet above ground level, per A.R.S. § 9-592(J).
2. 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.
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Exhibit A to Marana Resolution No. 2018-004 32 of 61 1/9/2018 10:03 AM
3. Increase in outside diameter of pole.
a. If the replacement pole is a taper design, the outside diameter of the base section of
the replacement pole shall not exceed 12 inches or a 100% increase in the outside
diameter of the base section, whichever is less.
b. If the replacement pole is non-tapered, then the diameter of the base section shall be
equal to the top section and the outside diameter shall not exceed 12 inches or a 100%
increase, whichever is less.
4. Signal head mast arms.
a. 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.
b. All signal head mast arms shall match the arc (if applicable) and style of the original
signal head mast arm.
5. Luminaire mast arms.
a. 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.
b. All luminaire mast arms shall match the arc (if applicable) and style of the original
luminaire arm.
6. Signal heads.
a. All existing signal heads shall be replaced, at no cost to town, with new standard town
light-emitting diode (LED) signal heads.
b. All signal heads shall be procured from a town approved signal heads supplier or
manufacturer.
7. Luminaire fixtures
a. All replacement poles shall have the town standard light-emitting diode (LED) light
fixture installed.
b. All replacement light fixtures shall have a new town standard photo-cell or sensor
provided by the wireless provider.
8. Other town elements on signal mast arm or pole.
a. 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.
b. All equipment shall be procured from a list of town approved suppliers.
9. Signs and other miscellaneous items. All street name plates or signs, directional signs and
any other town approved signs shall be replaced with new signs at no cost to the town.
All signs and attachments shall be procured from a list of town approved suppliers.
10. Traffic signal pole foundation
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Exhibit A to Marana Resolution No. 2018-004 33 of 61 1/9/2018 10:03 AM
a. 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.
b. The wireless provider shall install a three-inch outside diameter 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 inches above the top of the pole foundation.
c. In addition to the conduits for the town’s use inside the pole, the wireless provider
shall install one of the following two conduit options for its cables and wires:
i. One six-inch outside diameter conduit in the pole foundation; or
ii. Two four-inch outside diameter conduits in the pole foundation.
d. The length of the conduit installed as required by subparagraph c above shall extend
from the pole foundation to six inches above the signal head mast arm.
e. Height above ground level.
i. If the pole foundation is in a landscaped or unimproved area, the height of the
caisson shall be two inches above finished grade.
ii. 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.
f. Shrouds shall be provided for the traffic signal pole mounting bolts, including for the
replacement pole.
11. Painting of pole, antennas and mounting equipment
a. If the replacement traffic signal pole is an unpainted galvanized pole, the pole shall
not be painted or have a finish unless otherwise specified by the town.
b. For powder coated traffic signal poles, the wireless provider shall replace with same
powder coated color and/or color combination per the town’s traffic signal standards,
as directed by the town engineer.
12. Construction of traffic signal. The installation work of the replacement traffic signal pole,
including mast arms, signal heads and devices, must be performed by an Arizona licensed
traffic signal contractor with a minimum of five years of experience installing traffic
signals.
12-8-11 Standard design requirements for a small wireless facility on an existing utility pole.
A. General. In addition to the common standards set forth in section 12-8-8 above, the design
standards in this section shall apply to the proposed collocation of a small wireless facility on
an existing town-owned or third party-owned utility pole in the town right-of-way.
B. Purpose of the utility pole.
1. 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 right-
of-way.
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Exhibit A to Marana Resolution No. 2018-004 34 of 61 1/9/2018 10:03 AM
2. The attachment of wireless equipment to an existing third party-owned utility pole that
impedes the utility pole’s primary purpose will not be approved.
C. General requirements.
1. A small wireless facility shall be designed to blend in with the surrounding streetscape
with minimal visual impact.
2. All plans shall be signed and sealed by a registered professional engineer.
D. Specific criteria.
1. Replacement pole height. A replacement pole may be installed without zoning review
under town code chapter 17-18 (wireless communication facilities) if one of the two
following height requirements is met:
a. Up to a ten-foot increase, not to exceed 50 feet total (whichever is less), per A.R.S.
§ 9-592(I); or
b. Up to 40 feet above ground level, per A.R.S. § 9-592(J).
2. Overall height of replacement utility pole
a. The base height of an existing utility pole shall be the height of the vertical pole section
from the existing grade.
b. 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.
3. Use of existing pole – wood.
a. An existing wood pole used for a small wireless facility shall have the antennas
contained within an 18-inch outside diameter canister mounted at the top of the pole.
b. 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.
c. If a dog house 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 (refer
to exhibit C in section 12-8-25 below).
4. Use of existing pole – metal.
a. An existing metal pole used for a small wireless facility shall have the antennas
contained within an 18-inch outside diameter canister mounted at the top of the pole.
b. Panel antennas on a metal pole shall have the same center of radiation so the antennas
will be at the same height on the pole.
c. The cables and wires from the base of the pole to the antennas shall be installed in a
conduit or cable chase on the outside of the pole, facing away from the street or away
from on-coming traffic.
d. If a dog house is required as a transition point connecting the underground cables and
wires from the ground mounted equipment to the pole, the town engineer shall
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Exhibit A to Marana Resolution No. 2018-004 35 of 61 1/9/2018 10:03 AM
provide the maximum size, dimension and shape of the dog house on a case-by-case
basis (refer to exhibit C in section 12-8-25 below).
5. Painting of pole and dog house.
a. 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.
b. 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.
12-8-12 Standard design requirements for a new wireless facility.
A. General.
1. The wireless provider shall obtain a conditional use permit under town code chapter 17-18
(wireless communication facilities) for any new wireless facility in the right-of-way,
including without limitation those proposed to be placed on a wireless support structure
or new utility pole, except those expressly exempt from zoning by Arizona law.
2. In addition to the common standards set forth in section 12-8-8 above, the design
standards in this section shall apply to any wireless facility that a wireless provider may
install in the right-of-way that is not being placed on an existing streetlight (see section 12-
8-9 above), an existing traffic signal pole (see section 12-8-10 above), or an existing utility
pole (see section 12-8-11 above).
3. A new wireless support structure, including a monopole not to exceed an outside
diameter of 40 inches, 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.
B. Purpose of wireless support structure. The sole purpose of a new vertical element or wireless
support structure is to attach antennas for the provision of wireless services by a wireless
provider in the town’s right-of-way.
C. General requirements.
1. A new wireless support 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.
2. A small wireless facility shall be designed to blend in with the surrounding streetscape
with minimal visual impact.
3. The new wireless support structure shall be architecturally integrated and compatible
with the use of the surrounding area.
4. The height of the new wireless support structure shall not exceed the maximum allowed
height of the zoning district of the nearest property outside the right-of-way where the
site is proposed to be located.
5. All plans shall be signed and sealed by a registered professional engineer.
D. Specific criteria.
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Exhibit A to Marana Resolution No. 2018-004 36 of 61 1/9/2018 10:03 AM
1. New pole height.
a. Except as provided in subparagraph b below, the new pole shall not exceed the
maximum allowed height of the zoning district of the nearest property outside the
right-of-way where the site is proposed to be located.
b. A new monopole or utility pole may be installed without zoning review under town
code chapter 17-18 (wireless communication facilities) if it falls within the zoning
exemptions set forth in A.R.S. § 9-529 (I) and (J).
i. A.R.S. § 9-529 (I) provides that 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 if the utility pole
does not exceed the greater of either:
a) Ten feet in height above the tallest existing utility pole, other than a utility pole
supporting only wireless facilities, that is in place on August 9, 2017, that is
located within 500 feet of the new, replacement or modified utility pole and
that is in the same right-of-way within the jurisdictional boundary of the
authority, but not more than 50 feet above ground level.
b) Forty feet above ground level.
ii. A.R.S. § 9-529 (J) provides 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 50 feet above ground level
2. Overall height of new pole. The height of the new wireless support structure is measured
from grade to top of the antenna canister, or the top of the panel antenna if the antennas
are the highest elements of the site. Otherwise, the measured height shall be from existing
grade to the highest point of the wireless support structure.
3. Outside diameter of monopole. The maximum outside diameter of a monopole shall not
exceed 40 inches.
4. Stealth and concealment elements. As part of the stealth and concealment elements of the
wireless support 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.
a. 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.
b. The wireless provider is responsible for the performance of and any costs incurred for
regular upkeep, maintenance and replacement (if necessary) of all stealth and
concealment elements.
5. Architectural integration with surrounding area.
a. The new wireless support structure shall be designed in consultation with various
internal town stakeholders and may include external stakeholders.
b. The town may require the new wireless support structure to be constructed of a
specific material that will enhance the stealth and concealment of the site.
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Exhibit A to Marana Resolution No. 2018-004 37 of 61 1/9/2018 10:03 AM
6. Pole foundation.
a. The pole foundation for the wireless support structure shall conform to civil and
structural engineering standards acceptable to the town, with design modifications
for wireless communications equipment and cables.
b. The height of the pole foundation shall be two inches above finished grade, except that
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.
c. Shrouds must be provided for the pole mounting bolts.
12-8-13 RF safety for town employees
To assure that the town’s employees, agents, and representatives have uninterrupted and safe
access to the right-of-way and all structures located in the right-of-way, wireless provider must
comply with at least one of the following safety protocols:
A. Participate in a town-approved or sponsored RF safety program (a “safety program”),
enrollment in which shall include:
1. A one-time contribution to the town of two RF personal monitors, as specified below, for
monitoring radio frequency emissions from wireless provider facilities during the repair
and maintenance of the town’s Facilities and right-of-way. The RF personal monitors shall
be delivered to the town engineer within 60 days of the effective date of the telecom license
agreement.
a. The RF personal monitor shall be a new, with full original manufacturer’s warranty,
NARDA (2271/101) – Nardalert S3 personal & area monitor or equivalent device that
is approved by the town.
b. The wireless provider shall provide for each Nardalert S3 personal & area monitor, a
protective silicon or rubberized cover, and a case to store and carry the device.
2. An annual contribution in an amount established by a fee schedule adopted by the council
and amended from time to time (“annual contribution”) for third-party training of the
town employees who will work on poles that have a wireless facility and for the ongoing
operation—including the annual recertification training of the town employees, test set
calibration, and test set maintenance and repair—of the town’s safety program.
a. The first annual contribution, payable to the town, shall be delivered or transferred as
directed by the town engineer within 60 days of the effective date of the telecom
license agreement.
b. Each annual contribution thereafter shall be made payable to the town as directed by
the town engineer on or before the anniversary date of the within 60 days of the
effective date of the telecom license agreement.
3. On each five-year interval of the effective date of the telecom license agreement, the
wireless provider shall provide the town with one additional RF personal monitor that
meets or exceeds the requirement in subparagraph 12-8-13 A. 1 above that the town must
approve prior to purchase.
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Exhibit A to Marana Resolution No. 2018-004 38 of 61 1/9/2018 10:03 AM
4. Prior to performing any work on a wireless site in the right-of-way, the town’s employee
will contact the wireless provider’s network operations center, whose information shall
be located on the ground equipment or on the pole. The town’s employee shall identify
himself or herself as an employee of the town and needs 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 wireless provider’s network operations
center and inform them that the site may activate the RF signals.
B. 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 the
town’s work is performed at the location.
C. 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.
12-8-14 Maintenance and utilities
Except as expressly provided below, wireless provider shall be solely responsible for all
maintenance, repair and utilities for the use area during the term of the telecom license
agreement. Without limitation, wireless provider shall perform the following:
A. Maintenance by the town. The town has no maintenance or repair obligations for the
communications equipment or other of wireless provider’s improvements.
B. Maintenance by wireless provider. Wireless provider shall at all times repair and maintain
the use area 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 Pima county, Arizona, as determined in the town’s reasonable discretion. The preceding
sentence does not require wireless provider to repair or maintain the 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 area.
C. 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
area at the rates applicable thereto. Wireless provider shall use no other utilities at the use
area.
D. Utility interruptions. The town is not responsible for any interruption of utilities to or upon
the use area or other difficulties related to utilities at the use area.
E. Right of inspection. The 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, the street code, or other telecommunications laws. All the town plans reviews,
inspections, standards and other rights and actions with relation to wireless provider’s
improvements are for the 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 the town
may grant based on the town’s plans, reviews, and inspections. This right of access is in
addition to access rights for the town inspectors or other employees and officers acting within
their legal authority.
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Exhibit A to Marana Resolution No. 2018-004 39 of 61 1/9/2018 10:03 AM
F. Construction notification. The town may establish requirements for wireless provider to
notify nearby residents prior to construction.
G. Blue stake. Wireless provider shall register with and comply with the local blue stake
program.
12-8-15 Breach by wireless provider
Wireless provider shall comply with, perform and do each obligation required of wireless
provider in this chapter 12-8 and in the approved telecom license agreement, and shall cause all
persons using the use area on behalf of wireless provider to do the same. Wireless provider’s
failure to do so shall be a material breach by wireless provider of these standard terms.
A. Events of default. Each telecom license agreement and right-of-way permit is approved upon
the condition that each and every one of the following events shall be deemed an “event of
default” by wireless provider of wireless provider’s material obligations under these standard
terms:
1. If wireless provider shall be in arrears in the payment of use fee and shall not cure such
arrearage within 15 days after the town has notified wireless provider of such arrearage.
2. If wireless provider shall fail to operate the communications equipment (except during
specific periods expressly excused herein) for a period of 30 consecutive days or a total of
60 days within any 12-month period.
3. If wireless provider shall fail to maintain any insurance required under these standard
terms. Notwithstanding the preceding sentence, such failure shall not be a default if
within five business days after notice from the town, wireless provider provides to the
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 standard terms.
4. If the wireless provider’s right to use a pole expires or is terminated for any reason.
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 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.
6. If wireless provider is 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 is 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”).
7. If the issuer of any letter of credit fails for any reason to timely and fully honor any request
by the town for funds or other performance under the instrument and wireless provider
fails to cause the issuer to or some other person to honor the request within ten days after
the town notifies wireless provider that a town request for funds has not been honored.
8. If wireless provider fails to obtain or maintain any licenses, permits, or other
governmental approvals pertaining to the right-of-way or timely pay any taxes pertaining
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Exhibit A to Marana Resolution No. 2018-004 40 of 61 1/9/2018 10:03 AM
to the right-of-way and does not cure the failure within 30 days which shall be extended
to 90 days if wireless provider begins to cure in good faith within 30 days.
9. If the town is exposed to any liability, obligation, damage, cost, expense, or other claim of
any description, whether or not asserted; except that this is not an event of default if
wireless provider does all of the following:
a. Gives immediate notice to the town of wireless provider’s commitment to indemnify,
defend and hold the town harmless against the claim.
b. Promptly commences and continues to indemnify, defend and hold the town harmless
against the claim.
10. If wireless provider fails to meet its obligations under section 12-8-13 (RF safety for town
employees).
11. If wireless provider engages in a pattern of repeated failure (or neglect) to timely do or
perform or observe any provision contained in this chapter 12-8 or in the approved
telecom license agreement. After the town has once given notice of any failure by wireless
provider to comply with its obligations set forth in these standard terms, the following
shall constitute a repeated failure by wireless provider to comply with such provision:
a. Another failure to comply with any provision of these standard terms during the
following 30-day period.
b. Three or more failures to comply with any provision of these standard terms during
any 90-day period.
c. Six or more failures to comply with any provision of these standard terms during any
12-month period.
12. If wireless provider fails or neglects to timely and completely do or perform or observe
any other provisions of this chapter 12-8 or the approved telecom license agreement and
the failure or neglect continues for a period of 30 days after the town has notified wireless
provider in writing of the failure or neglect.
B. The town’s remedies. Upon the occurrence of any event of default or at any time thereafter,
the 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 the town’s option:
1. Terminate the telecom license agreement and right-of-way permits issued to the wireless
provider due to wireless provider’s breach; provided, however, that this shall not
terminate wireless provider’s obligations arising during the time simultaneous with or
prior to or the termination, and in no way eliminates or reduces wireless provider’s
liability resulting from the breach.
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 under these
standard terms to be paid or performed by wireless provider.
3. Abate at wireless provider’s expense any violation of these standard terms.
4. Notwithstanding anything under these standard terms to the contrary, unilaterally and
without wireless provider’s or any other person’s consent or approval, draw upon,
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Exhibit A to Marana Resolution No. 2018-004 41 of 61 1/9/2018 10:03 AM
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 the town or pledged or otherwise obligated to the 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 standard terms.
5. Require an additional security deposit adequate in the town’s sole discretion to protect
the town and the right-of-way.
6. Assert, exercise or otherwise pursue at wireless provider’s expense any and all other
rights or remedies, legal or equitable, to which the town may be entitled, subject only to
the limitation set out below on the town’s ability to collect money damages in light of the
violation use fee.
C. Violation use fee. In lieu of certain money damages (the “inconvenience costs”) set out below,
the following shall apply to wireless provider’s violation of certain limited requirements of
these standard terms ( the “violation fee provisions”):
1. The inconvenience costs are the money damages that the town suffers in the form of
administrative cost and inconvenience, disharmony among competing users, and general
inconvenience in right-of-way use by the town, competing users and the public when
wireless provider fails to comply with the violation fee provisions.
2. Wireless provider’s failure to comply with violation fee provisions will result in
inconvenience costs in an amount that is and will be impracticable to determine.
Therefore, the parties have agreed that, in lieu of wireless provider paying to the town as
damages the actual amount of the inconvenience costs for violating the violation fee
provisions, wireless provider shall pay the violation use fee.
3. The violation use fee is only intended to remedy inconvenience costs that the town suffers
because of wireless provider’s breach of the violation fee provisions. Wireless provider’s
payment of a violation use fee does not in any way excuse any breach by wireless provider
of these standard terms or limit in any way wireless provider’s obtaining any other legal
or equitable remedy provided by these standard terms or otherwise for such breach. For
example, wireless provider’s obligation to pay the violation use fee does not in any way
detract from wireless provider’s indemnity and insurance obligations under these
standard terms, which shall apply according to their terms in addition to wireless
provider’s obligation to pay the violation use fee.
4. Wireless provider may elect to draw upon the letter of credit to collect the violation use
fee.
5. The violation fee per day is an amount established by a fee schedule adopted by the
council and amended from time to time.
6. Violation use fees shall be assessed as follows:
a. If the town determines that wireless provider is liable for a violation use fee, then the
town shall issue to wireless provider a notice of the town’s assessing a violation use
fee. The notice shall set forth the nature of the violation and the amount of the
assessment.
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Exhibit A to Marana Resolution No. 2018-004 42 of 61 1/9/2018 10:03 AM
b. Wireless provider shall pay the violation use fee within ten days after the town’s notice
unless the violation use fee amount exceeds $5,000, in which case the following shall
apply:
i. Wireless provider shall have 30 days after the notice to pay the violation use fee or
give the town notice contesting the assertion of noncompliance.
ii. If wireless provider fails to respond to the notice, wireless provider shall pay the
violation use fee. Otherwise, the town shall schedule a public hearing to
investigate whether the violation use fee is properly assessed. The town shall
provide wireless provider at least ten days’ notice of such hearing, which shall
specify the time, place and purpose of the hearing. At the hearing, wireless
provider shall be provided an opportunity to be heard and present evidence. If the
result of the hearing is that wireless provider is liable for the violation use fee, then
the violation use fee is due ten days after the hearing decision is announced.
D. Non-waiver. Wireless provider acknowledges wireless provider’s unconditional obligation
to comply with these standard terms. No failure by the town to demand any performance
required of wireless provider under these standard terms, and no acceptance by the town of
any imperfect or partial performances under these standard terms, shall excuse such
performance or impair in any way the town’s ability to insist, prospectively and retroactively,
upon full compliance with these standard terms. No acceptance by the town of use fee
payments or other performances under this chapter 12-8 and the approved telecom license
agreement shall be deemed a compromise or settlement of any right the town may have for
additional, different or further payments or performances as provided for in these standard
terms. Any waiver by the town of any breach of condition or covenant set forth in chapter
12-8 or the approved telecom license agreement shall not be deemed or considered as a
continuing waiver and shall not operate to bar or otherwise prevent the 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 the town or wireless provider
concerning payments or other performances due under chapter 12-8 or the approved telecom
license agreement, or failure by the town to demand any performance under chapter 12-8 or
the approved telecom license agreement, shall excuse wireless provider from compliance with
its obligations nor estop the town (or otherwise impair the town’s ability) to at any time
correct such notice and/or insist prospectively and retroactively upon full compliance with
the telecom license agreement. No waiver of any description (including any waiver of this
sentence or paragraph) shall be effective against the town unless made in writing by a duly
authorized representative of the 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.
E. Reimbursement of the town’s expenses. Wireless provider shall pay to the town within 30
days after the town’s demand any and all amounts expended or incurred by the town in
performing wireless provider’s obligations (upon wireless provider’s failure to perform the
same after notice from the town) together with interest thereon at the rate of 10% per annum
from the date expended or incurred by the town.
F. Breach by the town. Notwithstanding anything in these standard terms to the contrary, if the
town at any time is required to pay to wireless provider any amount or render any
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Exhibit A to Marana Resolution No. 2018-004 43 of 61 1/9/2018 10:03 AM
performance, such amount or performance is not due until 30 days after notice by wireless
provider to the town that the amount has become payable or that the performance is due. In
the event a cure cannot be effected during that period, the town shall not be in default so long
as the town commences cure during the period and diligently prosecutes the cure to
completion provided such cure must be completed within 60 days after the notice.
G. Right to setoff and credit. In addition to its other rights and remedies the 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 the town, whether pursuant to these standard terms or otherwise, against
any sum which may be due from the town to wireless provider.
12-8-16 Termination
The following provisions shall apply at the expiration of the term of the telecom license
agreement:
A. Surviving obligations. Expiration or termination of the telecom license agreement 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.
B. Delivery of possession. Wireless provider shall cease using the use area of the expired or
terminated telecom license agreement. Wireless provider shall without demand, peaceably
and quietly quit and deliver up the use area to the town thoroughly cleaned, in good repair
with the use area maintained and repaired and in as good order and condition, reasonable
use and wear excepted, as prior to wireless provider’s activities.
C. Confirmation of termination. Upon expiration or termination of a telecom license agreement
for any reason, wireless provider shall provide to the town upon demand recordable
disclaimers covering the use area executed and acknowledged by wireless provider and by
all persons claiming through these standard terms, the telecom license agreement, any right-
of-way permit, or wireless provider any interest in or right to use the use area.
D. Removal of improvements. Wireless provider shall remove all communications equipment
and restore the use area including pole, mast arms, luminaires, or wireless support structure
to its prior condition, or to a condition matching the town’s surrounding land and
improvements, as directed by the town, at wireless provider’s expense prior to normal
expiration of the term of a telecom license agreement, or within 90 days after full or partial
termination of a telecom license agreement for any other reason whatsoever. Without
limitation, such work shall include revegetation and appropriate irrigation systems for
revegetated areas. Notwithstanding anything in these standard terms to the contrary, the
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 the
town. Unless the 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.
E. Prior improvements. This article also applies to any improvements that wireless provider may
have made to the use area.
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Exhibit A to Marana Resolution No. 2018-004 44 of 61 1/9/2018 10:03 AM
12-8-17 Indemnity and insurance
During the entire term of the telecom license agreement, wireless provider shall insure its
property and activities at and about the use area and shall provide insurance and indemnification
as follows:
A. Insurance required. Not later than the date of the telecom license agreement, and at all times
thereafter when wireless provider is occupying or using the use area in any way, wireless
provider shall obtain and cause to be in force and effect the following insurance:
1. Commercial general liability. Commercial general liability insurance with a limit of
$10,000,000 for each occurrence, a limit of $10,000,000 for products and completed
operations annual aggregate, and a limit of $10,000,000 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 the telecom license
agreement. The policy will cover wireless provider’s liability under the indemnity
provisions set forth in these standard terms. The policy shall contain a “separation of
insured’s” clause.
2. Automobile liability. Automobile liability insurance with a limit of $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.
3. Workers’ compensation. Such workers’ compensation and similar insurance as is required
by law and employer’s liability insurance with a minimum limit of $100,000 for each
accident, $100,000 disease for each employee, $500,000 policy limit for disease. All
contractors and subcontractors must provide like insurance.
4. Special risk property. Unless waived by the 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 or
constructed after the telecom license agreement or right-of-way permit is in effect, shall
be effective and in force prior to the effective date of an approved telecom license
agreement or right-of-way permit, in an amount equal to full replacement cost of all such
improvements. The 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 $50,000.
5. Other insurance. Any other insurance the town may reasonably require for the protection
of the town and the town’s employees, officials, representatives, officers and agents (all of
whom, including the 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.
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Exhibit A to Marana Resolution No. 2018-004 45 of 61 1/9/2018 10:03 AM
B. Policy limit escalation. The 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 the town reasonably determines to affect the prudent amount of insurance to be
provided.
C. Form of all insurance. All insurance provided by wireless provider with respect to the right-
of-way, whether required in these standard terms or not, shall meet the following
requirements:
1. “Occurrence” coverage is required.
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.
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.
4. Within five 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 the town that all insurance coverage required herein
is provided.
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 standard
terms.
6. All policies, including workers’ compensation, shall waive transfer rights of recovery
(subrogation) against the town, and the other additional insureds.
7. All deductibles, retentions, or “self-insured” amounts shall be subject to the following:
a. Wireless provider shall be solely responsible for any self-insurance amount or
deductible.
b. Such amounts shall not exceed in total $100,000 per loss. At such times as wireless
provider’s net worth is more than $100,000,000, such limit shall be $1,000,000.
c. Any self-insured exposure shall be deemed to be an insured risk under the telecom
license agreement.
d. 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 this section.
e. The right to self-insure is limited and specific to wireless provider and does not extend
to wireless provider’s contractors or others.
8. All policies except workers’ compensation must name the 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 these
standard terms.
9. All policies must require the insurer to provide the town with at least 30 days’ prior notice
of any cancellation. The insurer’s duty to notify the town of changes in coverage shall not
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Exhibit A to Marana Resolution No. 2018-004 46 of 61 1/9/2018 10:03 AM
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.”
10. All policies shall require that notices be given to the town in the manner specified for
notices to the town set forth in these standard terms.
D. Insurance certificates. Wireless provider shall evidence all insurance by furnishing to the
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 standard terms applicable to the policy.
For example, certificates must evidence that the town and the other additional insureds are
additional insureds. Certificates must also be in an industry standard form reasonably
acceptable to the town. Wireless provider shall provide updated certificates at the town’s
request.
E. Acceptable insurers. All insurance policies shall be issued by insurers acceptable to the town.
At a minimum, all insurers shall be duly licensed (or 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.
F. No representation of coverage adequacy. By requiring insurance, the town does not represent
that coverage and limits will be adequate to protect wireless provider. The town reserves the
right to review any and all of the insurance policies and/or endorsements cited in these
standard terms but has no obligation to do so. Failure to demand such evidence of full
compliance with the insurance requirements set forth in these standard 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.
G. Indemnity. In addition to all other indemnities and other obligations hereunder, to the fullest
extent permitted by law, throughout the term of each telecom license agreement and right-of-
way permit and until all obligations and performances under or related to these standard
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 the 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 standard terms (the “indemnity”). Without
limitation, the Indemnity shall include and apply to any and all allegations, demands,
judgments, assessments, taxes, impositions, expenses, proceedings, liabilities, 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 telecom license agreement or right-of-way
permit or any actions, acts, errors, mistakes or omissions relating to work or services in the
performance of or related to the telecom license agreement or right-of-way permit, including
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Exhibit A to Marana Resolution No. 2018-004 47 of 61 1/9/2018 10:03 AM
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 the telecom license agreement, including without limitation, claims, liability, harm or
damages caused in part by the town or any other additional insured or anyone for whose
mistakes, errors, omissions or negligence wireless provider or the town may be liable. As a
condition to the town’s approval of any telecom license agreement or right-of-way 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 each right-of-way permit. Notwithstanding the foregoing, the
Indemnity does not apply to:
1. Claims arising only from the sole gross negligence or intentionally wrongful acts of the
town.
2. Claims that the law prohibits from being imposed upon the indemnitor.
H. 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 the town, wireless provider
or third parties throughout the term of any telecom license agreement or right-of-way permit.
Wireless provider shall be responsible for any and all damage to its property and equipment
related to these standard terms.
I. 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 standard
terms to be covered by their own or wireless provider’s insurance as required by these
standard terms. The required policy limits for commercial general liability insurance
provided by such persons shall be $1,000,000 for each occurrence, $1,000,000 for products and
completed operations annual aggregate, and $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).
12-8-18 Condemnation
This section governs any condemnation of any part of or interest in the use area and any
conveyance to the town or another condemnor in avoidance or settlement of condemnation or a
threat of condemnation.
A. Termination for condemnation. The wireless provider’s right to use the use area shall
terminate on the 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 the town
reasonably determines that the use area continues to be suitable for wireless provider to
conduct the permitted uses, the town may elect to cause the telecom license agreement to
continue to remain in effect as to the part of the use area not taken and the use fee shall not
be reduced or abated. Nevertheless, if wireless provider reasonably determines that the use
area is not suitable for wireless provider to conduct the permitted uses, then the wireless
provider’s right to use that use area shall terminate when wireless provider gives written
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Exhibit A to Marana Resolution No. 2018-004 48 of 61 1/9/2018 10:03 AM
notice to the town engineer of the termination of the telecom license agreement as to that use
area.
B. Condemnation proceeds. Wireless provider hereby assigns and transfers to the 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 proceeds”). Wireless provider shall execute and deliver to the town
assignments or other instruments requested by the town confirming such assignment and
transfer. Wireless provider shall immediately pay to the 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 area 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.
C. Power to condemn. Wireless provider acknowledges that the town and others from time-to-
time may use the power to condemn the use area or any interest in it. The town has not
relinquished any right of condemnation or eminent domain over the use area. The town does
not warrant that the town will not condemn the use area during the term of the telecom license
agreement, but (unless the town’s representatives state otherwise at the time of the right-of-
way permit issuance) the town represents by its issuance of the right-of-way permit that it
does not presently have intentions to condemn the use area.
12-8-19 Damage to or destruction of the use area
This section governs damage to or destruction of the use area by fire, flood, explosion, the
elements, the public enemy, or other casualty (collectively “casualty damage”):
A. Damage to wireless provider’s improvements. Wireless provider shall commence restoring
the casualty damage to wireless provider’s improvements within 30 days after any casualty
damage occurs. Wireless provider shall complete the restoration work within 30 days after
commencement. The 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.
B. Monthly restoration work report. Wireless provider shall provide to the town no later than
the tenth day of each month a written narrative report of the progress of the restoration work.
12-8-20 Wireless provider’s records
During the entire term of the telecom license agreement, wireless provider shall keep records and
provide information to the town as provided in this section.
A. 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”):
1. The status of the construction, repair or restoration of wireless provider improvements.
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Exhibit A to Marana Resolution No. 2018-004 49 of 61 1/9/2018 10:03 AM
2. Information indicating whether the town or wireless provider is in compliance with the
terms of this chapter, all other applicable provisions of the town code, and the telecom
license agreement.
3. Records inspection. At wireless provider’s expense, wireless provider shall:
4. Permit and assist the town and its representatives upon 21 days’ notice to inspect, audit,
and copy wireless provider’s records of covered information.
5. Make the records of covered information (and reasonable accommodations for the town’s
audit and inspection) available to the town at wireless provider’s Arizona offices.
6. Cause wireless provider’s employees and agents and accountants to give their full
cooperation and assistance in connection with the town’s access to the covered
information.
B. 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 years after the time period reported by the records.
C. Record media included. The 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. The 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.
D. Reports. Wireless provider shall deliver to the town written reports (and, if requested by the
town, a presentation to the town’s governing council or designee) covering such covered
information as the town may request from time to time. The town shall not request such
reports more often than once in any 12-month period.
E. Standards for records. Wireless provider shall maintain a standard, modern system of
recordkeeping for the covered information and shall keep and maintain proper and accurate
books and other repositories of information relating to the covered information.
12-8-21 Compliance with law
Wireless provider shall perform its obligations under these standard terms in accordance with all
federal, state, county and local laws, ordinances, regulations or other rules or policies as are 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 provisions set forth in
this section.
A. Applicability of municipal law. Without limitation, wireless provider shall comply with
municipal laws as follows:
1. Wireless provider acknowledges nothing set forth in this chapter 12-8 or in the telecom
license agreement or any right-of-way permit constitutes, and the 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
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Exhibit A to Marana Resolution No. 2018-004 50 of 61 1/9/2018 10:03 AM
town or any other governmental body upon or affecting wireless provider, the use area,
or the right-of-way or wireless provider’s use of the use area, or the right-of-way.
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.
3. The town, by entering into the telecom license agreement or issuing a right-of-way permit,
cannot and has not relinquished or limited any right of condemnation or eminent domain
over the use area or any other property related to these standard terms or within the right-
of-way.
4. A telecom license agreement or right-of-way permit cannot and does not impair the
town’s, power to enact, apply or enforce any laws or regulations, or exercise any
governmental powers affecting in any way wireless provider, any use area, or the right-
of-way.
5. The town’s rights and remedies under the telecom license agreement and any right-of-
way 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 or any
other governmental body.
6. Wireless provider’s rights under the telecom license agreement and any right-of-way
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 any use area or wireless provider’s use of any use area.
Wireless provider shall comply with all of the foregoing.
B. Radio frequency compliance requirements. Wireless provider shall document, report and
confirm its compliance with FCC radio frequency exposure guidelines (FCC OET bulletin 65)
and all other FCC rules as follows:
1. Wireless provider shall cause its senior internal engineer responsible for compliance with
the FCC rules to deliver to the town a letter attesting 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.
2. Wireless provider shall maintain records of radio frequency measurements and
communications equipment performance in accordance with the FCC rules.
3. Wireless provider shall also evidence and demonstrate its compliance with the FCC rules
in such manner and at such intervals as the town code and other applicable laws and
regulations may mandate.
C. Government property lease excise tax. Wireless provider shall be responsible for any and all
property taxes and all government property lease excise taxes described in A.R.S. § 42-6201
et seq. or similar laws in force from time to time. Pursuant to A.R.S. § 42-6206, failure by
wireless provider to pay the taxes after notice and an opportunity to cure is an event of default
that could result in divesting wireless provider of any interest in or right of occupancy of the
use area.
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Exhibit A to Marana Resolution No. 2018-004 51 of 61 1/9/2018 10:03 AM
D. Use area regulations. The town reserves the right to adopt, amend and enforce against
wireless provider rules and regulations governing the operation of the right-of-way,
including the use area, wireless provider’s activities on them, and the public areas and
facilities used by wireless provider in connection with them.
E. Taxes, liens and assessments. In addition to all other amounts provided in this chapter 12-8
and in the telecom license agreement and any right-of-way permit, and to the extent
consistent with applicable law, wireless provider shall pay, when they become due and
payable, all taxes and general and special fees, charges and assessments of every description
that during the term of any telecom license agreement or right-of-way permit may be levied
upon or assessed upon or with respect to wireless provider’s use of the right-of-way, the
operations conducted there, any amounts paid or other performances required by these
standard terms by either party, and all possessory interest in the right-of-way and wireless
provider’s improvements and other property located there. Wireless provider shall pay,
indemnify, defend and hold harmless the town from any and all obligations, including any
interest, penalties and other expenses which may be imposed, and from any lien or sale or
other proceedings to enforce their payment.
F. Permits. Nothing in these standard terms relieves wireless provider of the obligation to obtain
permits, licenses and other approvals from the 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 and the like.
12-8-22 Assignment
Telecom license agreements and right-of-way permits 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 requirements of this section.
A. Assignments affected. Every assignment of any of wireless provider’s interest in the right-of-
way, the telecom license agreement, any right-of-way permit, or any of wireless provider’s
rights or interests under this chapter 12-8 is prohibited unless wireless provider first receives
from the town notice of the town’s consent to the assignment. The town’s consent to
assignment shall not be unreasonably withheld, conditioned, or delayed. All references in
these standard 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:
1. Any voluntary or involuntary assignment, conveyance or transfer of wireless provider’s
right to use the right-of-way under the telecom license agreement or any right-of-way
permit, or any interest or rights of the town under the telecom license agreement or any
right-of-way permit, in whole or in part.
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,
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Exhibit A to Marana Resolution No. 2018-004 52 of 61 1/9/2018 10:03 AM
repair, restoration, maintenance or removal, or otherwise affecting wireless provider’s
rights to use the right-of-way (collectively “liens”).
3. Any voluntary or involuntary assignment by wireless provider of any interest in the
telecom license agreement or any right-of-way permit for the benefit of creditors.
4. A wireless provider insolvency.
5. The occurrence of any of the foregoing by operation of law or otherwise.
6. The occurrence of any of the foregoing with respect to any assignee or other successor to
wireless provider.
B. Pre-approved assignments. Subject to certain conditions hereafter stated, the town hereby
consents to certain assignments (the “pre-approved assignments”). Only the following
assignments are pre-approved assignments:
1. Complete assignment of telecom license agreement. Wireless provider’s complete
assignment of all of wireless provider’s rights and interests in the telecom license
agreement and associated use areas to a single assignee who meets all of the following
requirements, as determined by the town in the town’s reasonable discretion (a “qualified
operator”):
a. 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.
b. The assignee is experienced in the management and operation of similar projects.
c. The assignee assumes all of wireless provider’s obligations under the telecom license
agreement.
d. The assignee has a net worth of not less than $50,000,000.
2. Stock transfers. The transfer of publicly traded stock, regardless of quantity.
3. Merger. The merger or consolidation of wireless provider with another entity that is a
qualified operator.
4. Common ownership transfer. Wireless provider’s complete assignment of all of wireless
provider’s rights and interests in the telecom license agreement and associated use areas to
single assignee who is and remains a wholly owned subsidiary of wireless provider’s sole
owner as of the date of the telecom license agreement (or a wholly owned subsidiary of a
wholly owned subsidiary of wireless provider’s sole owner as of the date of the telecom
license agreement).
C. Limitations on assignments. The town’s consent to any assignment, including without
limitation, pre-approved assignments, is not effective until the following conditions are
satisfied:
1. Except for the sale of stock, wireless provider shall provide to the town a summary of
provisions of the transaction documents assigning its interests.
2. Each assignee must execute an assumption of the telecom license agreement in
substantially the form set forth in section 12-8-26 (Forms).
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Exhibit A to Marana Resolution No. 2018-004 53 of 61 1/9/2018 10:03 AM
3. Each pre-approved assignment must satisfy all other requirements of these standard
terms pertaining to assignments.
D. Assignment remedies. Any assignment without the town’s consent shall be void and shall not
result in the assignee obtaining any rights or interests. The town may, in its sole discretion
and in addition to all other remedies available to the town under these standard terms or
otherwise, and in any combination, terminate the telecom license agreement and any and all
right-of-way permits, collect use fee from the assignee and/or declare the assignment to be
void, all without prejudicing any other right or remedy of the town under these standard
terms. No cure or grace periods shall apply to assignments prohibited under these standard
terms or to enforcement of any provision under these standard terms against an assignee who
did not receive the town’s consent.
E. Effect of assignment. Prior to any assignment, each assignee must execute an assumption of
the telecom license agreement in the form set forth in section 12-8-25. No action or inaction
by the 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 the telecom license agreement or any right-of-way permit. Consent by the
town to an assignment shall not relieve wireless provider from obtaining the town’s consent
to any further assignment. No assignment shall release wireless provider from any liability
under this chapter 12-8 or the telecom license agreement.
F. Enforceability after assignment. No consent by the town shall be deemed to be a novation.
The town’s consent to any assignment does not in any way expand or modify the terms set
forth in these standard terms or waive, diminish or modify any of the town’s rights or
remedies under the telecom license agreement or any right-of-way permit. The terms set forth
in these standard 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
under this chapter 12-8 or the telecom license agreement. Each successor having actual or
constructive notice of the telecom license agreement or any right-of-way permit shall be
deemed to have agreed to the preceding sentence.
G. Grounds for refusal. Except for the pre-approved assignments, no assignment of any telecom
license agreement by wireless provider is contemplated or bargained for. Without limitation,
the town has the right to impose upon any consent to assignment such conditions and
requirements as the town may deem appropriate.
H. Consent to assignments. Wireless provider shall attach to each pre-approved assignment a
copy of wireless provider’s notice to the town of the pre-approved assignment and other
required documents, wireless provider shall attach to each other assignment, a copy of the
town’s notice to wireless provider of the town’s consent to the assignment. These standard
terms shall continue to be enforceable according to its terms in spite of any provisions of any
documents relating to an assignment.
I. Assignment fee. Wireless provider shall pay to the town in advance a nonrefundable fee in
an amount established by a fee schedule adopted by the council and amended from time to
time for legal, administrative and other expenses related to every pre-approved assignment
of any license agreement (other than the sale of publicly traded stock) or to any request for a
consent to assignment, whether or not the town grants the request.
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Exhibit A to Marana Resolution No. 2018-004 54 of 61 1/9/2018 10:03 AM
12-8-23 Miscellaneous
The additional provisions set forth in this section apply to each and every telecom license
agreement and right-of-way permit.
A. Amendments. These standard terms may not be amended except by a formal writing
executed by all of the parties.
B. 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.
C. Time of essence. Time is of the essence of each and every provision of this chapter 12-8, the
telecom license agreement, and any right-of-way permit.
D. Severability. If any provision of these standard terms shall be ruled by a court or agency of
competent jurisdiction to be invalid or unenforceable for any reason, then:
1. The invalidity or unenforceability of the provision shall not affect the validity of any
remaining provisions of these standard terms.
2. These standard terms shall be automatically reformed to secure to the parties the benefits
of the unenforceable provision, to the maximum extent consistent with law.
E. Conflicts of interest. No officer, representative or employee of the town shall have any direct
or indirect interest in the telecom license agreement or any right-of-way permit, or participate
in any decision relating to any telecom license agreement or right-of-way permit that is
prohibited by law.
F. No partnership. The transactions and performances contemplated hereby shall not create any
sort of partnership, joint venture or similar relationship between the parties.
G. Nonliability of officials and employees. No official, representative or employee of the 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 the town or for any amount which may become due to any party
or successor, or with respect to any obligation of the town or otherwise under the terms of the
telecom license agreement or any right-of-way permit, or in any way related to the telecom
license agreement or any right-of-way permit.
H. Notices. Notices under this chapter 12-8 and under the telecom license agreement and any
right-of-way permit shall be given in writing delivered to the other party or mailed by
registered or certified mail, return receipt requested, postage prepaid to the addresses set
forth in the telecom license agreement and to the town as follows:
If to the town: Town engineer
Town of Marana
11555 West Civic Center Drive
Marana, Arizona 85653
With a copy to: Town attorney
Town of Marana
11555 West Civic Center Drive
Marana, Arizona 85653
By notice from time to time, a person may designate any other street address within Pima County,
Arizona as its address for giving notice under this chapter 12-8 and under the telecom license
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agreement. Service of any notice by mail shall be deemed to be complete three days (excluding
Saturday, Sunday and legal holidays) after the notice is deposited in the United States mail.
I. Construction. Whenever the context of these standard terms requires herein the singular shall
include the plural, and the masculine shall include the feminine.
J. Funding. This subparagraph shall control notwithstanding any provision of the telecom
license agreement or any exhibit or other agreement or document related to it. If funds
necessary to fulfill the town’s obligations under the telecom license agreement are not
appropriated by the town council, the town may terminate the telecom license agreement by
notice to wireless provider. The town shall use best efforts to give notice of termination to
wireless provider at least 30 days prior to the end of the town’s then current fiscal period.
Termination in accordance with this provision shall not constitute a breach of the telecom
license agreement by the town. No person will be entitled to any compensation, damages or
other remedy from the town for the termination of a telecom license agreement pursuant to
the terms of this subsection.
K. No third party beneficiaries. No person or entity shall be a third party beneficiary to the
telecom license agreement or shall have any right or cause of action hereunder. The 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 standard terms (including any absence or inadequacy of insurance
required to be carried by wireless provider).
L. Exhibits. All exhibits specifically stated to be attached to this chapter 12-8 or to the telecom
license agreement are hereby incorporated into and made an integral part of the telecom
license agreement for all purposes.
M. Attorneys’ fees. If any action, suit or proceeding is brought by either party to enforce the
telecom license agreement or any right-of-way permit, or for failure to observe any of the
covenants of the telecom license agreement or right-of-way permit, or to vindicate or exercise
any rights or remedies under the telecom license agreement or any right-of-way permit, the
prevailing party shall be entitled to recover from the other party the prevailing party’s
reasonable attorneys’ fees and other reasonable litigation costs (as determined by the court,
and not a jury).
N. Approvals and inspections. All approvals, reviews and inspections by the town are for the
town’s sole benefit and not for the benefit of wireless provider, its contractors, engineers or
other consultants or agents, or any other person.
O. Legal workers. If and to the extent A.R.S. § 41-4401 is applicable, wireless provider shall
comply with laws regarding workers as follows:
1. Wireless provider warrants to the 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). This is referred to in these standard terms as the
“immigration warranty.”
2. A breach of the immigration warranty by wireless provider shall be deemed a material
breach of the telecom license agreement and any issued right-of-way permit that is subject
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Exhibit A to Marana Resolution No. 2018-004 56 of 61 1/9/2018 10:03 AM
to penalties up to and including termination of the telecom license agreement and right-
of-way permit.
3. The 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 the telecom license agreement
and any issued right-of-way permit to ensure that they or the subcontractor is complying
with the immigration warranty.
4. The town may conduct random verification of wireless provider’s and its subcontractors’
employment records to ensure compliance with the immigration warranty.
5. Wireless provider shall indemnify, defend and hold the town harmless for, from and
against all losses and liabilities arising from any and all violations of the immigration
warranty.
12-8-24 Town engineer authorization
A. The town engineer is hereby authorized to sign telecom license agreements and other
documents in form substantially conforming to those set forth in section 12-8-26 (Forms).
B. The town council shall review and approve any telecom license agreement with a wireless
provider containing different or additional terms than those authorized by this chapter (see
A.R.S. § 9-592 (F)).
12-8-25 Exhibits
The following exhibits are incorporated by reference into this chapter 12-8. [See separate PDF of
exhibits, adopted as Exhibit C to Marana Resolution No. 2018-004.]
12-8-26 Forms
A. Forms shall substantially conform to those set forth in this section, with such revisions as may
be approved as to substance by the town manager and town engineer and approved as to
form and legality by the town engineer.
B. Form of telecom license agreement.
TOWN OF MARANA RIGHT-OF-WAY TELECOM LICENSE AGREEMENT
THIS TELECOM LICENSE AGREEMENT is granted by the TOWN OF MARANA (the
“Town”), an Arizona municipal corporation; in favor of
_________________________________ (the “Wireless Provider”). The Town and
Wireless Provider are each sometimes referred to as a “Party” and together referred to
as the “Parties.”
RECITALS
The Town owns and controls public right-of-way within the town limits of the
Town of Marana.
Wireless Provider desires to install and operate wireless telecommunications
receiving, processing and transmitting devices and related electronic equipment (the
“Communications Equipment”) in the public right-of-way in accordance with the
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Exhibit A to Marana Resolution No. 2018-004 57 of 61 1/9/2018 10:03 AM
Standard Terms, this Telecom License Agreement, and the terms of one or more right-
of-way permits issued by the Town.
Wireless Provider has obtained or is in the process of seeking from the Town one or
more right-of-way permits pursuant to Marana Town Code Chapter 12-7 (Construction
in town rights-of-way) (the “Street Code”), each of which is referred to in this Telecom
License Agreement as a “right-of-way permit” for a specifically described parcel of
Town right-of-way referred to in the right-of-way permit and in this Telecom License
Agreement as a “Use Area.”
LICENSE
NOW, THEREFORE, in consideration of the foregoing recitals, which are incorporated
into this License as though fully restated here, and the mutual covenants set forth in
this License, the Parties hereby agree as follows:
1. Incorporation of Standard Terms. Marana Town Code Chapter 12-8 (Wireless
communication facilities in the right-of-way) sets out the various recitals and
provisions (collectively the “Standard Terms”) of this Telecom License Agreement, and
is incorporated by reference as if set forth in full in this Telecom License Agreement.
WIRELESS PROVIDER WARRANTS AND REPRESENTS THAT WIRELESS
PROVIDER HAS READ AND AGREES TO THE STANDARD RECITALS AND THE
STANDARD TERMS. Terms used but not defined in this Telecom License Agreement
shall have the meanings assigned by the Standard Terms.
2. License. The Town hereby authorizes the Wireless Provider to use the Use Area of
each right-of-way permit in conformance with this Telecom License Agreement and all
applicable local, state, and federal laws and regulations.
3. Use of Use Area. Wireless Provider may use the Use Area for the installation of the
particular Communications Equipment in the particular configuration all as described
in the Boundary Plan and other supporting materials submitted by the Wireless
Provider for the right-of-way permit.
4. Term; modification, termination, assignment, etc. This Telecom License Agreement is
issued for an initial term of ten years, and its term, modification, termination,
assignment, and other terms, conditions, and provisions are set forth in the Standard
Terms.
5. Notices. Any notice, request, demand, consent, approval, waiver or other
communication, herein individually and collectively referred to as “notice”, which may
be or is required to be given by a Party under this License or by law to the other Party
shall be in writing and shall be either personally delivered to the Party or shall be sent
by: (i) registered or certified mail, postage paid by sender, return receipt requested; or
(ii) overnight courier service (such as FedEx). Said notice shall be deemed received
upon the earlier of: (i) personal delivery; (ii) if mailed, the date of posting by the United
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Exhibit A to Marana Resolution No. 2018-004 58 of 61 1/9/2018 10:03 AM
States Post Office or overnight courier service. Notices shall be sent to the other Parties
at the following addresses:
TOWN: TOWN OF MARANA
11555 W. Civic Center Drive
Marana, Arizona 85653
WIRELESS PROVIDER: [Insert name]
[Address]
[City/State/Zip]
6. Change of address. Notice of change of any Party’s address shall be given promptly
by written notice in any method described in paragraph 5 (“Notices”) of this Telecom
License Agreement. In the event any notice is rejected, refused, returned, or otherwise
not received as a result of failure of a Party to give adequate notice of changed address,
the notice shall nevertheless be deemed received.
7. Recording. The Town shall record this License in the office of the Pima County
Recorder after it has been executed by the Parties.
8. Conflicts. This License is subject to A.R.S. § 38-511, which provides for cancelation
in certain instances involving conflicts of interest.
IN WITNESS WHEREOF, the Parties have executed this License effective as of the last
Party’s signature date below.
The “Town”:
TOWN OF MARANA, an Arizona
municipal corporation
By:
Town Engineer
Date:
ATTEST:
Jocelyn Bronson, Town Clerk
APPROVED AS TO FORM:
Frank Cassidy, Town Attorney
The “Wireless Provider”:
[NAME OF ENTITY], a [type and state of
entity]
By:
Its:
Date:
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Exhibit A to Marana Resolution No. 2018-004 59 of 61 1/9/2018 10:03 AM
STATE OF ARIZONA )
) ss.
County of Pima )
The foregoing instrument was acknowledged before me this _____ day
of , 20____ by , the of
[WIRELESS PROVIDER’S NAME], a [Wireless Provider’s entity type and state], on behalf of
the [corporation/LLC].
(Seal)
Notary Public
EXHIBIT A – LIST OF RIGHT-OF-WAY PERMITS/USE AREAS
1. Right-of-Way Permit Number RW_____________, issued on _______________________,
for the Use Area described as follows:___________________________________________
2. [Add as needed]
C. Form of letter of credit.
Date ____________________, 20__
Letter of credit no.:______________
Town Engineer
Town of Marana
11555 West Civic Center Drive
Marana, Arizona 85653
Dear Sir or Madam:
We hereby establish our clean, unconditional and irrevocable letter of credit in your favor at the
request and for the account of ___________________________________________________ in the
aggregate amount of _____________________________________ ($________________), available
upon presentation of your draft in the form attached hereto as Schedule 1.
We will honor each draft presented to us in compliance with the terms of this letter of credit.
Partial draws are permitted. Each draft must be accompanied by a copy of this letter of credit.
Within ten days after we honor your draft, you must make the original of this letter of credit
available to us in Pima County, Arizona upon which we may endorse our payment. Drafts may
be presented by any of the following means:
1. By telefax to (_____) _____-__________.
2. By email to _____________________________________________________.
3. By hand or overnight courier service delivery to:
[This address must be in Pima County, Arizona.]
_________________________
_________________________
_________________________
4. By hand or overnight courier service delivery to:
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Exhibit A to Marana Resolution No. 2018-004 60 of 61 1/9/2018 10:03 AM
[This address need not be in Pima County, Arizona]
_________________________
_________________________
_________________________
This letter of credit is valid until _______________________, 20____ and shall thereafter be
automatically renewed for successive one year periods, unless at least 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 then
current expiration date.
This letter of credit is subject to the UCP600. This letter of credit is not assignable.
_____________ [bank name] _____, a _______________
By ___________ [bank officer’s signature] _____________
___________ [bank officer’s name printed] ___________
Its __________ [bank officer’s title] __________________
Phone: ___ [bank officer’s phone number] _________
D. Form of draft on letter of credit
To: _____________________
_____________________
_____________________
From: Town Engineer
Town of Marana
11555 West Civic Center Drive
Marana, Arizona 85653
Date: ___________________, 20_____
Ladies and Gentlemen:
Pursuant to your Credit No. ___________________, the Town of Marana hereby demands cash
payment in the amount of ________________________________________________
($________________).
Please make your payment to the town of Marana in the form of a wire deposit to:
_____________________
_____________________
_____________________
_____________________
If the 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 the address
listed above.
I certify that I am the Town Engineer of the Town of Marana.
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Exhibit A to Marana Resolution No. 2018-004 61 of 61 1/9/2018 10:03 AM
If there is any imperfection or defect in this draft or its presentation, please inform me
immediately at (520) 382-2600 so that I can correct it. Also, please immediately notify the town
Attorney at (520) 382-1940.
Thank you.
_____________________________________________
Town Engineer, Town of Marana
E. Form of assumption of telecom license agreement and antenna site right-of-way permit
ASSUMPTION OF TELECOM LICENSE AGREEMENT
This assumption is made pursuant to Marana Town Code section 12-8-22 (Assignment)
incorporated by reference into of the telecom license agreement and right-of-way permit(s) issued
by the Town of Marana, an Arizona municipal corporation (“the town”) to
_________________________, a _________________________ (“wireless provider”), and
particularly described as follows:
Telecom license agreement no._________________ dated ________________,
20____.
__________________________, a __________________________ (“Assignee”),
having acquired the rights of the wireless provider under the telecom license
agreement listed above, hereby assumes the telecom license agreement, agrees to
be bound by it, and obligates itself to perform the terms and conditions of the
telecom license agreement and all standard terms incorporated by reference in it,
all in favor of the town. The person signing this document on behalf of Assignee
warrants to the town his or her authority to do so.
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 _______________.
Notary Public
(Seal)
[Chapter 12-9 remains unchanged]
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Exhibit B to Marana Resolution No. 2018-004 1 of 18 1/2/2018 4:43 PM
TITLE 17. LAND DEVELOPMENT CODE
[Chapters 17-1 through 17-17 remain unchanged]
CHAPTER 17-18. WIRELESS COMMUNICATION FACILITIES
[The following table of contents is included for convenience only and will not appear in the
published Town Code]
17-18-1 Purpose .............................................................................................................................. 1
17-18-2 Definitions ......................................................................................................................... 2
17-18-3 Applicability; exemptions ............................................................................................... 3
17-18-4 Permits required; approval authority ........................................................................... 4
17-18-5 Permit application ............................................................................................................ 4
17-18-6 Development standards .................................................................................................. 6
17-18-7 Design and aesthetic standards ..................................................................................... 7
17-18-8 Public notice and hearing requirements ..................................................................... 11
17-18-9 Required findings for approval ................................................................................... 11
17-18-10 Standard conditions of approval ................................................................................. 12
17-18-11 Notice of decision; appeals ........................................................................................... 14
17-18-12 Permit renewal ............................................................................................................... 14
17-18-13 Permit revocation ........................................................................................................... 15
17-18-14 Facility abandonment or discontinuation; relocation; removal .............................. 15
17-18-15 Transfers involving a wireless facility or permit ....................................................... 16
17-18-16 Limited exemption from standards ............................................................................. 17
17-18-17 Independent consultant review ................................................................................... 17
17-18-18 Obligation to comply with this chapter ...................................................................... 18
17-18-1 Purpose
A. The purpose of this chapter is to reasonably regulate, to the extent permitted by state and
federal law, the installation, operation, collocation, modification and removal of wireless
facilities in the town in a manner that protects and promotes public health, safety and welfare,
and balances the benefits that flow from robust wireless services with the unique and historic
character, aesthetics, and local values of the town.
B. This chapter does not intend to, and shall not be interpreted or applied to:
1. Prohibit or effectively prohibit personal wireless services; or
2. Unreasonably discriminate among providers of functionally equivalent personal wireless
services; or
3. Regulate the installation, operation, collocation, modification or removal of wireless
facilities on the basis of the environmental effects of RF emissions to the extent that such
emissions comply with all applicable FCC regulations; or
4. Prohibit or effectively prohibit any collocation or modification that the town may not deny
under state or federal law; or
5. Preempt any applicable state or federal law.
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Exhibit B to Marana Resolution No. 2018-004 2 of 18 1/2/2018 4:43 PM
C. Wireless communication facilities located in the public right-of-way are subject to the
requirements set forth in town code chapter 12-8 (wireless communication facilities in the
right-of-way).
17-18-2 Definitions
The following definitions shall apply throughout this chapter unless the context clearly indicates
otherwise.
A. “ACC” means the Arizona corporation commission or its successor agency.
B. “Antenna” means a device used to transmit and/or receive radio or electromagnetic waves.
Examples include, but are not limited to, panel antennas, directional antennas, microwave
dishes and whip (omni-directional) antennas.
C. “Approval authority” means the public body or official responsible for review of permit
applications and vested with the authority to approve or deny them. The approval authority
for a project which requires a conditional use permit refers to the planning commission,
except that the approval authority refers to the council if the commission’s decision is
appealed to the council. The approval authority for a project which requires an administrative
wireless facilities permit or for a project which qualifies as a section 6409(a) modification
refers to the planning director.
D. “Array” means one or more antennas mounted at approximately the same level above ground
on tower or base station.
E. “Base station” means the same as defined in 47 CFR § 1.40001(b)(1), as may be amended.
F. “Collocation” means the same as defined in 47 CFR § 1.40001(b)(2), as may be amended.
G. “Distributed antenna system” or “DAS” means a network of one or more antennas and
related fiber optic nodes typically mounted to or located at streetlight poles, utility poles,
sporting venues, arenas or convention centers which provide access and signal transfer for
wireless service providers. A DAS also includes the equipment location, sometimes called a
“hub” or “hotel” where the DAS network is interconnected with one or more wireless service
provider’s facilities to provide the signal transfer services.
H. “Eligible facilities request” means the same as defined in 47 CFR § 1.40001(b)(3), as may be
amended.
I. “Eligible support structure” means the same as defined in 47 CFR § 1.40001(b)(4), as may be
amended.
J. “Existing” means the same as defined in 47 CFR § 1.40001(b)(5), as may be amended.
K. “Facility” means an installation used to transmit signals over the air from facility to facility or
from facility to user equipment for any wireless service and includes, but is not limited to,
personal wireless services facilities.
L. “FCC” means the federal communications commission, its designated representative, or its
lawful successor.
M. “Monopole” means the same as defined in A.R.S. § 9-591 paragraph 13, as may be amended.
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Exhibit B to Marana Resolution No. 2018-004 3 of 18 1/2/2018 4:43 PM
N. “OTARD antenna” means antennas covered by the “over-the-air reception devices” rule in 47
CFR §§ 1.4000 et seq., as may be amended.
O. “Personal wireless services” means the same as defined in 47 U.S.C. § 332(c)(7)(C)(i), as may
be amended.
P. “Personal wireless service facilities” means the same as defined in 47 U.S.C. § 332(c)(7)(C)(ii),
as may be amended.
Q. “Radome” means a weatherproof enclosure, typically constructed from fiberglass or plastic
material, that protects and conceals an antenna or antennas contained inside.
R. “RF” means radio frequency.
S. “Right-of-way” means the same as defined in A.R.S. § 9-591 paragraph 18, as may be
amended.
T. “Section 6409(a)” means section 6409(a) of the middle class tax relief and job creation act of
2012, Pub. L. No. 112-96, 126 Stat. 156, codified as 47 U.S.C. § 1455(a), as may be amended.
U. “Section 6409(a) modification” means any eligible facilities request that does not cause a
substantial change and that is submitted for approval pursuant to section 6409(a) and the
FCC’s regulations at 47 CFR § 1.40001 et seq.
V. “Site” means the same as defined in 47 CFR § 1.40001(b)(6), as may be amended.
W. “Small wireless facility” means the same as defined in A.R.S. § 9-591 paragraph 19, as may be
amended.
X. “Substantial change” means the same as defined in 47 CFR § 1.40001(b)(7), as may be
amended.
Y. “Tower” means the same as defined in 47 CFR § 1.40001(b)(9), as may be amended. Includes
monopole and wireless support structure.
Z. “Transmission equipment” means the same as defined in 47 CFR § 1.40001(b)(8), as may be
amended.
AA. “Utility pole” means the same as defined in A.R.S. § 9-591 paragraph 21, as may be amended.
BB. “Wireless” means any FCC-licensed or authorized wireless communication service
transmitted over frequencies in the electromagnetic spectrum.
CC. “Wireless support structure” means the same as defined in A.R.S. § 9-591 paragraph 27, as
may be amended.
17-18-3 Applicability; exemptions
A. This chapter applies to all new facilities and all modifications to existing facilities for which a
permit is issued after the effective date of this chapter, unless the facility qualifies for an
exemption.
B. Conflicts.
1. With respect to wireless communication facilities in the right-of-way, the provisions in
town code chapter 12-8 shall apply in the event of a conflict with this chapter.
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Exhibit B to Marana Resolution No. 2018-004 4 of 18 1/2/2018 4:43 PM
2. In all other situations, the provision included in this chapter shall apply where conflicts
exist between this chapter and the remainder of the town code.
C. This chapter does not apply to the following:
1. Amateur radio facilities
2. OTARD antennas
3. Facilities owned and operated by the town for its use
17-18-4 Permits required; approval authority
A. Section 6409(a) permit. All section 6409(a) modifications are subject to review and approval
or denial of a section 6409(a) permit by the planning director in accordance with this chapter.
Section 6409(a) modifications do not require an administrative wireless facilities permit;
provided, however that section 6409(a) modifications must comply with all prior conditions
of approval related to concealment or reasonably related to public health and safety.
B. Exempt small wireless facilities in the right-of-way. Collocation of small wireless facilities
within a right-of-way that are exempt from zoning pursuant to A.R.S. § 9-592 (I) or (J) do not
require a conditional use permit or other zoning approval, but are subject to the requirements
set forth in town code chapter 12-8.
C. Administrative wireless facilities permit. A new facility, collocation or modification to an
existing facility is subject to the planning director’s approval of an administrative wireless
facilities permit, and not subject to a conditional use permit, when all the following criteria
are met:
1. The proposed project is not a section 6409(a) modification
2. The proposed project qualifies as a design listed in section 17-18-6 A. 2 through 17-18-
6 A. 3 below; specifically,
a. A collocation on an existing base station outside the right-of-way,
b. A collocation on a tower outside the right-of-way, or
c. A collocation on an eligible support structure or utility pole in the right-of-way that is
not exempt from zoning (see paragraph 17-18-4 B above).
3. The proposed project will not require any limited exemption pursuant to section 17-18-16
below.
D. Conditional use permit. Except as provided in paragraphs A through C of this section, any
new facility or modification or collocation to an existing facility is subject to the approval of a
conditional use permit pursuant to section 17-3-2 of this code.
17-18-5 Permit application
A. Each permit granted under this chapter requires an application.
B. Unless an exemption or waiver applies, each application submitted under this chapter must
include the following:
1. Application fee. The applicable wireless facility application fee in an amount established
by a fee schedule adopted by the council and amended from time to time.
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Exhibit B to Marana Resolution No. 2018-004 5 of 18 1/2/2018 4:43 PM
2. Master application. A fully completed and executed master application on the form
provided by the town for that purpose, as may be amended or updated from time-to-time.
The master application must state what approval is being sought, i.e., conditional use
permit, administrative wireless facilities permit, or section 6409(a) permit.
3. Required licenses or approvals. Evidence that the applicant has all current licenses and
registrations from the FCC, the ACC, and any other applicable regulatory bodies where
such license(s) or registration(s) are necessary to provide wireless communication services
utilizing the proposed wireless communication facility.
4. Proof of property rights. Proof either that the applicant is the owner of the property where
the facility is to be located, or that the applicant has the right to use the property for the
facility, in the form of a lease or license agreement from the property owner. For wireless
communication facilities in the right-of-way, the license need not be submitted with the
application but shall be submitted no later than the applicant’s submission of a building
permit request.
5. Site development plans. Fully dimensioned site plan and elevation drawings prepared
and sealed by an Arizona-licensed engineer or architect showing any existing wireless
facilities with all existing transmission equipment and other improvements, the proposed
facility with all proposed transmission equipment and other improvements and the legal
boundaries of the leased or owned area surrounding the proposed facility and any
associated access or utility easements. For new facilities, the plans shall also include, in
plan and elevation views, a scaled depiction of the maximum permitted increase as
authorized by section 6409(a) using the proposed project as a baseline.
6. Photo simulations. Photo simulations that show the proposed facility in context of the site
from reasonable line-of-sight locations from nearby public streets or other public
viewpoints, together with a map that shows the photo location of each view angle.
7. RF exposure compliance report. A radio frequency report acceptable to the town prepared
and certified by an RF engineer that certifies that the proposed facility and any collocated
facilities will comply with applicable federal RF exposure standards and exposure limits
as set forth in the code of federal regulations, including without limitation those set forth
in 47 CFR §§ 1.1307(b), 1.1310, 2.1091, and 2.1093. The RF report must include all of the
following:
a. The actual frequency and power levels in watts effective radiated power (ERP) for all
existing and proposed antennas at the site
b. Exhibits that show the location and orientation of all transmitting antennas and the
boundaries of areas with RF exposures in excess of the uncontrolled/general
population limit and the boundaries of areas with RF exposures in excess of the
controlled/occupational limit, as these terms are defined by the FCC.
c. Each project site boundary shall be clearly marked and identified for every
transmitting antenna.
8. Alternative sites analysis.
a. The applicant must provide a list of all existing structures considered as alternatives
to the proposed location, together with a general description of the site design
considered at each location.
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Exhibit B to Marana Resolution No. 2018-004 6 of 18 1/2/2018 4:43 PM
b. The applicant must also provide a written explanation as to why the alternatives
considered were unacceptable or infeasible, unavailable, or not as consistent with the
development standards in this chapter as the proposed location. This explanation
must include a meaningful comparative analysis and such technical information and
other factual justification as are necessary to document the reasons why each
alternative is unacceptable, infeasible, unavailable, or not as consistent with the
development standards in this chapter as the proposed location.
c. If an existing facility is listed among the alternatives, the applicant must specifically
address why the modification of that wireless communication facility is not a viable
option.
9. Noise study. A noise study prepared and certified by an engineer for the proposed facility
and all associated equipment including all environmental control units, sump pumps,
temporary backup power generators, and permanent backup power generators
demonstrating compatibility with existing nearby land uses and compliance with any
applicable noise regulations. The noise study must also include an analysis of the
manufacturers’ specifications for all noise-emitting equipment and a depiction of the
proposed equipment relative to all adjacent property lines.
10. Deposit. A cash or other sufficient deposit tendered by the applicant to the town for any
third party peer review determined by the planning director to be necessary to ensure
compliance with the requirements of this chapter.
C. The planning director is authorized and directed to develop permit applications and other
materials specific for wireless facilities, make them publicly available, and update and amend
them as the planning director deems appropriate.
D. Applications for a section 6409(a) permit are exempt from the requirement for an alternative
sites analysis (subparagraph 17-18-5 B. 8 above).
E. The planning director may waive a specific application requirement for a specific project only
when all of the following are true:
1. The applicant attends a pre-submittal consultation meeting for the project
2. The planning director finds that compliance with the specific application requirement
would create an unnecessary or unreasonable burden on the applicant
3. The planning director memorializes the waiver and grounds for it in writing.
17-18-6 Development standards
A. Preferred siting. All applicants should, to the extent feasible, propose new facilities and
substantial changes to existing facilities with designs according to the following preferences,
ordered from most preferred to least preferred:
1. Collocations on existing base stations outside the right-of-way
2. Collocations on towers outside the right-of-way
3. Collocations on eligible support structures and utility poles in the right-of-way that are
not exempt from zoning (see paragraph 17-18-4 B above)
4. New building-mounted facilities outside the right-of-way
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Exhibit B to Marana Resolution No. 2018-004 7 of 18 1/2/2018 4:43 PM
5. New towers outside the right-of-way
6. New eligible support structures and utility poles in the right-of-way that are not exempt
from zoning (see paragraph 17-18-4 B above).
B. Preferred locations. All applicants should, to the extent feasible, propose new facilities and
substantial changes to existing facilities in non-residential zones.
1. Non-residential preferences. Non-residential preferences are as follows, ordered from
most preferred to least preferred:
a. Town-owned or -controlled parcels, not including right-of-way
b. Parcels in industrial zones
c. Parcels in commercial zones
d. Right-of-way in non-residential areas
2. Residential preferences. If an applicant seeks to site wireless facilities in a residential zone,
the applicant should, to the extent feasible, propose new facilities and substantial changes
to existing facilities in residential zones according to the following preferences, ordered
from most preferred to least preferred:
a. In the right-of-way abutting a residential zone
b. Town-owned or -controlled parcels
c. Parcels that contain approved non-residential conditional uses and do not contain
approved residential uses
d. Parcels that contain approved non-residential conditional uses and do contain
approved residential uses
e. Parcels that do not contain single-family residences
f. All other parcels.
3. Additional alternative sites analysis. If an applicant proposes to locate a new facility or
substantial change to an existing facility on a parcel that contains a single -family
residence, the applicant shall provide an additional alternative sites analysis that at a
minimum shall include a meaningful comparative analysis of all the alternative sites in
the more preferred locations that the applicant considered, and states the underlying
factual basis for concluding why each alternative in a more preferred location was:
a. Technically infeasible;
b. Not available; and/or
c. More intrusive.
17-18-7 Design and aesthetic standards
A. General design and aesthetic standards. All facilities must conform to the following
standards.
1. Concealment.
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Exhibit B to Marana Resolution No. 2018-004 8 of 18 1/2/2018 4:43 PM
a. All new facilities and substantial changes to existing facilities must incorporate
concealment measures and/or techniques appropriate for the proposed location and
design.
b. All ground-mounted equipment must be completely concealed to the extent feasible
according to the following preferences, ordered from most preferred to least preferred:
i. Within an existing structure including, but not limited to, an interior equipment
room, mechanical penthouse or dumpster corral
ii. Within a new structure designed to integrate with or mimic the adjacent existing
structure
iii. Within an underground equipment vault if no other feasible above-ground design
that complies with subsections (i) or (ii) exists.
2. Height.
a. General. All new facilities and substantial changes to existing facilities must not
exceed the applicable zone height limit, provided, however, that the approval
authority may approve height extensions of not more than eight feet above the
applicable zone height limit when the proposed site is (1) mounted on the rooftop of
an existing building; (2) completely concealed; and (3) architecturally integrated into
the underlying building. This exception does not apply to any towers or utility poles.
b. Right-of-way. New facilities and substantial changes to existing facilities in the right-
of-way must conform to the height limitations set forth in chapter 12-8 of this code.
3. Setbacks.
a. General. All facilities must comply with all applicable setback requirements of the
zone where the facility is located.
b. Right-of-way. Facilities in the right-of-way shall conform to the clearance and location
limitations set forth in chapter 12-8 of this code.
4. Collocation. Applicants shall design their facilities to accommodate future collocated
facilities to the extent feasible.
5. Fences. The town will not approve any barbed wire, razor wire, or electrified fences
associated with a proposed facility.
6. Landscaping. In addition to any landscaping required by the town for concealment or
screening purposes, the applicant shall propose, install and maintain additional
landscaping to replace any existing landscaping displaced during the construction or
installation of the applicant’s facility on private property or in the right-of-way. The
applicant’s landscaping plan shall be subject to the town’s approval.
7. Backup or standby power sources and generators. The town may not approve any fossil
fuel-powered backup power sources or generators unless the applicant demonstrates that
the facility cannot feasibly achieve its power needs with batteries, fuel cells, or other
similarly non-polluting, low noise-level means.
8. Lights. Unless otherwise required under FAA or FCC regulations, applicants may install
only timed or motion-sensitive light controllers and lights, and must install lights that
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Exhibit B to Marana Resolution No. 2018-004 9 of 18 1/2/2018 4:43 PM
comply with the town-adopted outdoor lighting code. Lighting must avoid illumination
impacts to adjacent properties to the maximum extent feasible. The town may, in its
discretion, exempt an applicant from the foregoing requirement when the applicant
demonstrates a substantial public safety need. All aircraft warning lighting must use
lighting enclosures that avoid illumination impacts to properties in the town to the
maximum extent feasible.
9. Noise. All transmission equipment and other equipment, including without limitation air
conditioners and sump pumps, associated with the facility must not emit sound that
exceeds the applicable noise limits established by the town.
10. Signage and advertising. No facility may display any signage or advertisements unless
expressly allowed by the town in a written approval, recommended under FCC
regulations, or required by law or permit condition. Every facility shall at all times display
signage that accurately identifies the facility owner and provides the facility owner’s
unique site number, and also provides a local or toll-free telephone number to contact the
facility owner’s operations center.
11. Code compliance. Applicant shall design and maintain all facilities in compliance with all
applicable federal, state and local laws, codes, regulations, ordinances or other rules.
B. Tower-mounted facilities. In addition to the general standards set forth in paragraph A of this
section, all tower-mounted facilities must conform to the following standards.
1. General design preferences. All applicants should, to the extent feasible and appropriate
for the proposed location, design new towers according to the following preferences,
ordered from most preferred to least preferred:
a. Faux architectural features, include, but are not limited to, bell towers, clock towers,
lighthouses, obelisks, and water tanks
b. Faux cactus
c. Monopalms.
2. Most disfavored designs. The town may not approve any designs that do not conceal the
antennas within a radome or other concealment device without a limited exemption
pursuant to this chapter.
3. Tower-mounted equipment. All tower-mounted equipment must be mounted as close to
the vertical support structure as possible to reduce its visual profile. Applicants should
mount non-antenna, tower-mounted equipment, including, but not limited to, remote
radio units/heads, surge suppressors, and utility demarcation boxes, directly behind the
antennas to the maximum extent feasible.
4. Ground-mounted equipment. Notwithstanding subparagraph 17-18-7 A. 1. b above,
applicants must conceal ground-mounted equipment associated with tower-mounted
facilities with opaque fences or other opaque enclosures. The town may require, as a
condition of approval, design and/or landscape features in addition to other concealment
when necessary to blend the equipment or enclosure into the surrounding environment.
5. Concealment standards for faux trees and cacti. All permits for faux tree and cactus
facilities approved under this chapter are subject to the following required conditions of
approval:
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Exhibit B to Marana Resolution No. 2018-004 10 of 18 1/2/2018 4:43 PM
a. The canopy must completely envelop all tower-mounted equipment and extend
beyond the tower-mounted equipment at least 18 inches;
b. The canopy must be naturally tapered to mimic the particular tree or cactus species;
c. All tower-mounted equipment, including all antennas, equipment cabinets, cables,
mounts, and brackets, must be painted flat natural colors to mimic the particular tree
or cactus species;
d. For faux trees, all antennas and other tower-mounted equipment cabinets must be
covered to blend in with the faux foliage; and
e. For faux trees, the entire vertical structure must be covered with permanently-affixed
three-dimensional faux bark cladding to mimic the particular tree species.
C. Building- or façade-mounted facilities. In addition to the general standards set forth in
paragraph A above, all building- or façade-mounted facilities must conform to the following
standards.
1. General design preferences. All applicants should, to the extent feasible, propose new
non-tower facilities according to the following preferences, ordered from most preferred
to least preferred:
a. Completely concealed and architecturally integrated façade- or rooftop-mounted base
stations with no visible impacts from any publicly accessible areas at ground level,
including, but not limited to, antennas behind existing parapet walls or façades
replaced with RF-transparent material and finished to mimic the replaced materials
b. Completely concealed new structures or appurtenances designed to mimic the
support structure’s original architecture and proportions, including, but not limited
to, cupolas, steeples, chimneys, and water tanks.
2. Façade-mounted equipment. Applicants must conceal all façade-mounted transmission
equipment behind screen walls as flush to the façade as practicable. The town may not
approve any “pop-out” screen boxes unless the design is architecturally consistent with
the original support structure. The town may not approve any exposed façade-mounted
antennas, which includes exposed antennas painted to match the façade.
3. Rooftop-mounted equipment. The town may approve unscreened rooftop transmission
equipment only when it expressly includes a condition of approval that the equipment is
effectively concealed due to its low height and setback from the roofline.
4. Ground-mounted equipment. Outdoor ground-mounted equipment associated with base
stations must be avoided whenever feasible. In locations visible or accessible to the public,
applicants must conceal outdoor ground-mounted equipment with opaque fences or
landscape features that mimic the adjacent structure(s), including, but not limited to,
dumpster corrals and other accessory structures.
D. Facilities in the right-of-way. Facilities in the right-of-way must conform to the requirements
of chapter 12-8 (wireless communication facilities in the right-of-way) of this code.
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Exhibit B to Marana Resolution No. 2018-004 11 of 18 1/2/2018 4:43 PM
17-18-8 Public notice and hearing requirements
A. Before the planning commission may grant any conditional use permit under this chapter, the
planning commission shall conduct a noticed public hearing as provided in section 17-3-2 of
this code.
B. Before the planning director may grant any administrative wireless facilities permit or
approve any application for a section 6409(a) modification under this chapter, notice of the
application shall be posted on the project site. The notice shall include a general explanation
of the proposed facility, modification, or collocation, and a general description, in text or by
diagram, of the location of the real property that is the subject of the application. For a section
6409(a) modification, the notice shall also state: “Federal law may require approval for this
application. Further, Federal Communications Commission regulations may deem this
application granted by the operation of law unless the town approves or denies the
application, or the town and applicant reach a mutual tolling agreement.”
17-18-9 Required findings for approval
A. Conditional use permit. The planning commission may grant a conditional use permit for a
new wireless facility or a substantial change to an existing wireless facility only when the
planning commission makes all the findings required by section 17-3-2 of this code, as well as
the following additional findings.
1. The proposed use is deemed essential or desirable to the public convenience or welfare.
2. The total area of the site and the setbacks of all facilities from property and street lines are
of sufficient magnitude in view of the character of the land and of the proposed
development that significant detrimental impact on surrounding properties is avoided.
3. The appearance of the developed site in terms of the arrangement, height, scale and
architectural style of the buildings, location of parking areas, landscaping and other
features is compatible with the character of the area.
4. The applicant demonstrated that it proposed the least intrusive means to achieve its
technical objectives.
B. Administrative wireless facilities permit. The planning director may grant an administrative
wireless facilities permit for a new wireless facility or a substantial change to an existing
wireless facility when the planning director finds all of the following:
1. The proposed design qualifies as a design subject to administrative approval as set forth
in this chapter.
2. The proposed location qualifies as a location subject to administrative approval as set
forth in this chapter.
3. The proposal conforms to all applicable design standards set forth in this this chapter.
4. The proposed project will not require any exemption pursuant to section 17-18-16 of this
chapter.
C. Section 6409(a) permit.
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Exhibit B to Marana Resolution No. 2018-004 12 of 18 1/2/2018 4:43 PM
1. Findings for approval. The planning director may approve a section 6409(a) modification
when the planning director finds that the proposed collocation or modification qualifies
as an eligible facilities request and does not cause a substantial change.
2. Grounds for denial. In addition to any other alternative recourse permitted under federal
law, the planning director may deny a section 6409(a) permit when the planning director
finds that the proposed collocation or modification:
a. Violates any legally enforceable standard or permit condition reasonably related to
public health and safety; or
b. Involves a structure constructed or modified without all regulatory approvals
required at the time of the construction or modification; or
c. Involves the replacement of the entire support structure; or
d. Does not qualify for mandatory approval under section 6409(a) for any lawful reason.
3. Any denial of a section 6409(a) permit application shall be without prejudice to the
applicant, the real property owner, or the project. Subject to the application and submittal
requirements in this chapter, the applicant may immediately resubmit a permit
application for a conditional use permit, an administrative wireless facilities permit, or a
section 6409(a) permit as appropriate.
17-18-10 Standard conditions of approval
The following standard conditions of approval apply to all permits issued under this chapter,
except as otherwise provided in this chapter.
A. Permit term. Any validly issued conditional use permit or administrative wireless facilities
permit for a wireless facility will automatically expire at 12:01 a.m. local time exactly ten years
and one day from the issuance date.
B. Code compliance. The permittee shall at all times maintain compliance with all applicable
federal, state and local laws, regulations and other rules.
C. Inspections; emergencies. The town or its designee may enter onto the facility area to inspect
the facility upon reasonable notice to the permittee. The permittee shall cooperate with all
inspections. The town reserves the right to enter or to direct its designee to enter the facility
and support, repair, disable or remove any elements of the facility in emergencies, or when
the facility threatens imminent harm to persons or property.
D. Contact information for responsible parties. The permittee shall at all times maintain accurate
contact information for all parties responsible for the facility, which shall include a phone
number, street mailing address, and email address for at least one natural person. All such
contact information for responsible parties shall be provided to the planning department
upon permittee’s receipt of the planning department’s written request, except in an
emergency as determined by the town, when all contact information for responsible parties
shall be immediately provided to the planning director upon verbal request.
E. Indemnities. The permittee and, if applicable, the non-government owner of the private
property upon which the facility is located shall defend, indemnify and hold harmless the
town, its agents, officers, officials, and employees (i) from any and all damages, liabilities,
injuries, losses, costs, and expenses, and from any and all claims, demands, lawsuits, writs of
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Exhibit B to Marana Resolution No. 2018-004 13 of 18 1/2/2018 4:43 PM
mandamus, and other actions or proceedings brought against the town or its agents, officers,
officials, or employees to challenge, attack, seek to modify, set aside, void, or annul the town’s
approval of the permit, and (ii) from any and all damages, liabilities, injuries, losses, costs,
and expenses, and any and all claims, demands, lawsuits, or causes of action and other actions
or proceedings of any kind or form, whether for personal injury, death or property damage,
arising out of or in connection with the activities or performance of the permittee or, if
applicable, the private property owner or any of each one’s agents, employees, licensees,
contractors, subcontractors, or independent contractors. If the town becomes aware of any
such actions or claims, the town shall promptly notify the permittee and the private property
owner and shall reasonably cooperate in the defense. It is expressly agreed that the town shall
have the right to approve, which approval shall not be unreasonably withheld, the legal
counsel providing the town’s defense, and the property owner and/or permittee (as
applicable) shall reimburse the town for any costs and expenses directly and necessarily
incurred by the town in the course of the defense.
F. Interference with public safety radio services. If the town finds reason to believe that
permittee’s radio communications operations are causing interference with the town’s radio
communications operations, then the permittee shall, at its cost, immediately cooperate with
the town to either rule-out permittee as the interference source or eliminate the interference.
Cooperation with the town may include, but shall not be limited to, temporarily switching
the transmission equipment on and off for intermittent testing.
G. Adverse impacts on adjacent properties. Permittee shall undertake all reasonable efforts to
avoid undue adverse impacts to adjacent properties and/or uses that may arise from the
construction, operation, maintenance, modification, and removal of the facility.
H. General maintenance. The site and the facility, including, but not limited to, all landscaping,
fencing and related transmission equipment, must be maintained in a neat and clean manner
and in accordance with all approved plans and conditions of approval.
I. Graffiti removal. All graffiti on facilities must be removed at the sole expense of the permittee
in accordance with chapter 11-3 of this code.
J. RF exposure compliance. All facilities must comply with all standards and regulations of the
FCC and any other state or federal government agency with the authority to regulate RF
exposure standards.
K. Optional completion time limit. As a condition of approval, the approval authority may
establish a reasonable time limit for completion of the approved facility.
L. Section 6409(a) modifications. In addition to all applicable standard conditions of approval
required under this section, any section 6409(a) permit granted by the planning director or
deemed granted by the operation of law includes the following conditions of approval:
1. No permit term extension. The town’s grant or grant by operation of law of a section
6409(a) permit constitutes a federally-mandated modification to the underlying permit or
approval for the subject tower or base station. The town’s grant or grant by operation of
law of a section 6409(a) permit will not extend the permit term for any conditional use
permit, administrative wireless facilities permit, or other underlying regulatory approval
and its term shall be coterminous with the underlying permit or other regulatory approval
for the subject tower or base station.
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Exhibit B to Marana Resolution No. 2018-004 14 of 18 1/2/2018 4:43 PM
2. Accelerated permit terms due to invalidation. If any court of competent jurisdiction
invalidates any portion of section 6409(a) or any FCC rule that interprets section 6409(a)
such that federal law would not mandate approval for any section 6409(a) modification,
the permit or permits issued in connection with a section 6409(a) modification(s) shall
automatically expire one year from the effective date of the judicial order. A permittee
shall be required to remove its improvements approved under the invalidated section
6409(a) permit unless it has submitted an application for either a conditional use permit
or an administrative wireless facilities permit for those improvements before the one-year
period ends. The planning director may extend the expiration date on the accelerated
permit upon a written request from the permittee that shows good cause for an extension.
3. No waiver of standing. The town’s grant or grant by operation of law of a section 6409(a)
modification does not waive, and shall not be construed to waive, any standing by the
town to challenge section 6409(a), any FCC rules that interpret section 6409(a), or any
section 6409(a) modification.
17-18-11 Notice of decision; appeals
A. Within five working days after final decision by the approval authority on an application
submitted for approval pursuant to this chapter, notice of the decision shall be mailed to the
applicant at the address shown on the master application. The town shall provide the reasons
for any denial either in the written decision or in some other written record available at the
same time as the denial.
B. Any person or entity may appeal a final decision by the planning commission on a conditional
use permit application to the council in accordance with section 17-3-2 of this code. The
council shall review the decision of the planning commission de novo.
C. Any person or entity may appeal a final decision by the planning director on an
administrative wireless facilities permit application to the council in accordance with this
paragraph. The appeal must state in plain terms the grounds for reversal and the facts that
support those grounds. The appellant must pay a fee in an amount established by a fee
schedule adopted by the council and amended from time to time at the time the appeal is
filed. The council shall review the decision of the planning director de novo solely on the
specific issues raised by the appellant.
D. Subject to applicable federal timeframes for local review, any person or entity may file a
written appeal to the council to reverse the planning director’s final decision to approve or
deny without prejudice a section 6409(a) permit application. The appeal must state in plain
terms the grounds for reversal and the facts that support those grounds. The appellant must
pay a fee in an amount established by a fee schedule adopted by the council and amended
from time to time at the time the appeal is filed. The council shall review the decision of the
planning director de novo.
17-18-12 Permit renewal
A. Any application to renew any conditional use permit or administrative wireless facilities
permit granted under this chapter must be tendered to the town between 365 days and 180
days prior to the expiration of the current permit, and shall be accompanied by all required
application materials, fees and deposits for a new application as then in effect.
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Exhibit B to Marana Resolution No. 2018-004 15 of 18 1/2/2018 4:43 PM
B. The town shall review an application for permit renewal in accordance with the standards for
new facilities as then in effect.
C. If an applicant timely submits a permit renewal application and the town is unable to fully
review the application prior to its expiration, the planning director shall grant a written
temporary extension on the permit term to allow sufficient time to review the application.
17-18-13 Permit revocation
A. A permit granted under this chapter may be revoked for noncompliance with any enforceable
permit, permit condition, or law applicable to the facility.
B. When the planning director finds reason to believe that grounds for permit revocation exist,
the planning director shall send written notice by certified U.S. mail, return receipt requested,
to the permittee at the permittee’s last known address that states the nature of the
noncompliance as grounds for permit revocation. The permittee shall have a reasonable time
from the date of the notice to cure the noncompliance or show that no noncompliance ever
occurred.
C. If the permittee fails to cure any noncompliance after notice and opportunity to dispute or
cure the noncompliance, the council shall conduct a noticed public hearing to determine
whether to revoke the permit. The permittee shall be afforded an opportunity to be heard and
may speak and submit written materials to the council. After the noticed public hearing, the
council may deny the revocation or revoke the permit when it finds that the permittee had
notice of the noncompliance and a reasonable opportunity to cure the noncompliance, but
failed to comply with any enforceable permit, permit condition, or law applicable to the
facility. Written notice of the council’s determination and the reasons for it shall be dispatched
by certified U.S. mail, return receipt requested, to the permittee’s last known address.
D. Upon revocation, the council may take any legally permissible action or combination of
actions necessary to protect public health, safety and welfare.
17-18-14 Facility abandonment or discontinuation; relocation; removal
A. To promote the public health, safety and welfare, the planning director may declare a facility
abandoned or discontinued when:
1. The permittee notifies the planning director that it abandoned or discontinued the use of
a facility for a continuous period of 90 days; or
2. The permittee fails to respond within 30 days to a written notice sent by certified U.S.
mail, return receipt requested, from the planning director that states the basis for the
planning director’s belief that the facility has been abandoned or discontinued for a
continuous period of 90 days; or
3. The permit expires and the permittee has failed to file a timely application for renewal.
B. After the planning director declares a facility abandoned or discontinued, the permittee shall
have 90 days from the date of the declaration, or a longer time as the planning director may
approve in writing as reasonably necessary, to:
1. Reactivate the use of the abandoned or discontinued facility subject to the provisions of
this chapter and all conditions of approval; or
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Exhibit B to Marana Resolution No. 2018-004 16 of 18 1/2/2018 4:43 PM
2. Transfer its rights to use the facility, subject to the provisions of this chapter and all
conditions of approval, to another person or entity that immediately commences use of
the abandoned or discontinued facility; or
3. Remove the facility and all improvements installed solely in connection with the facility,
and restore the site to a condition compliant with all applicable codes consistent with the
then-existing surrounding area.
C. If the permittee fails to act as required in paragraph B of this section within the prescribed
time period, the council may deem the facility abandoned at a noticed public meeting. The
planning director shall send written notice by certified U.S. mail, return receipt requested, to
the last-known permittee or real property owner that provides 30 days (or longer time as the
planning director may approve in writing as reasonably necessary) from the notice date to
take any of the actions listed in subparagraphs B.1 through B.3 of this section.
D. If the permittee fails to act as required in paragraph C of this section within the prescribed
time period, the town may remove the abandoned facility, restore the site to a condition
compliant with all applicable codes and consistent with the then-existing surrounding area,
and repair any and all damages that occurred in connection with such removal and
restoration work.
1. The town may, but shall not be obligated to, store the removed facility or any part of it,
and may use, sell or otherwise dispose of it in any manner the town deems appropriate.
2. The last-known permittee or its successor-in-interest and, if on private property, the real
property owner shall be jointly liable for all costs incurred by the town in connection with
its removal, restoration, repair and storage, and shall promptly reimburse the town upon
receipt of a written demand, including any interest on the balance owing at the maximum
lawful rate.
3. The town may, but shall not be obligated to, use any financial security required in
connection with the granting of the facility permit to recover its costs and interest.
4. Until the costs are paid in full, a lien shall be placed on the facility, all related personal
property in connection with the facility and, if applicable, the real private property on
which the facility was located for the full amount of all costs for removal, restoration,
repair and storage. The town shall cause the lien to be recorded with the recorder’s office
of the county where the facility is located. Within 60 days after the lien amount is fully
satisfied including costs and interest, the town shall cause the lien to be released.
E. After a permittee fails to comply with any provision in this section, the council may elect to
treat the facility as a nuisance to be abated as provided by applicable law.
17-18-15 Transfers involving a wireless facility or permit
A. Within 30 days after a permittee transfers any interest in the facility or permit(s) in connection
with the facility, the permittee shall deliver written notice to the town.
B. The written notice required in this section must include all of the following:
1. The transferee’s legal name
2. The transferee’s full contact information, including a primary contact person, mailing
address, telephone number and email address
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Exhibit B to Marana Resolution No. 2018-004 17 of 18 1/2/2018 4:43 PM
3. A statement signed by the transferee that the transferee shall accept of all permit terms
and conditions.
C. Failure to submit the notice required by this section shall be a cause for the town to revoke
the applicable permits pursuant to and following the procedure set out in this chapter.
17-18-16 Limited exemption from standards
A. An applicant seeking an exemption under this section for personal wireless services facilities
on the basis that a permit denial would effectively prohibit personal wireless services must
demonstrate to the approval authority with clear and convincing evidence all of the following:
1. A significant gap in the applicant’s service coverage exists.
2. All alternative sites identified in the application review process are either technically
infeasible or not potentially available.
B. All exemptions granted under this section are subject to review and reconsideration by the
council. The applicant always bears the burden to demonstrate why an exemption should be
granted.
17-18-17 Independent consultant review
A. The planning director is authorized to, in his or her discretion, select and retain an
independent consultant with expertise in telecommunications satisfactory to the planning
director in connection with any permit application.
B. The planning director may request independent consultant review on any issue that involves
specialized or expert knowledge in connection with the permit application. Such issues may
include, but are not limited to:
1. Permit application completeness or accuracy;
2. Planned compliance with applicable RF exposure standards;
3. Whether technically feasible and potentially available alternative locations and designs
exist;
4. The applicability, reliability and/or sufficiency of analyses or methodologies used by the
applicant to reach conclusions about any issue within this scope; and
5. Any other issue that requires expert or specialized knowledge identified by the planning
director.
C. The applicant must pay for the cost of independent consultant review and for the consultant’s
testimony in any hearing as requested by the planning director, and must provide a
reasonable advance deposit of the estimated cost of such review with the town prior to the
commencement of any work by the consultant. The applicant must provide an additional
advance deposit to cover the consultant’s testimony and expenses at any meeting where that
testimony is requested by the planning director. Where the advance deposit is insufficient to
pay for the cost of such review and/or testimony, the planning director shall invoice the
applicant and the applicant shall pay the invoice in full within ten calendar days after receipt
of the invoice. No permit shall issue to an applicant where that applicant has not timely paid
a required fee, provided any required deposit, or paid any invoice as required in the code.
00047268.DOCX /9
Exhibit B to Marana Resolution No. 2018-004 18 of 18 1/2/2018 4:43 PM
17-18-18 Obligation to comply with this chapter
An applicant or permittee shall not be relieved of its obligation to comply with every provision
of the code, this chapter, any permit issued hereunder, or any applicable law or regulation by
reason of any failure of the town to notice, enforce, or request compliance by the applicant or
permittee.
The yellow line next to the streetlight depicts the section of
the existing streetlight pole used to calculate the height of the existing
pole. The lines are not to scale and are solely used for illustrative purposes.
Exhibit C to Resolution No. 2018-004 (Adopted by Ordinance No. 2018.002)
The “connection point” on an
existing telescopic style streetlight pole
with an integrated luminaire mast.
The top and bottom
points on a telescopic
streetlight pole to
calculate the vertical
height of the existing
streetlight pole plus
24 inches.
Exhibit C to Resolution No. 2018-004 (Adopted by Ordinance No. 2018.002)
The top and bottom
points on a traffic signal
pole to calculate the base
vertical height of the
existing pole.
Exhibit C to Resolution No. 2018-004 (Adopted by Ordinance No. 2018.002)
Dog house with external cable
chase installed at the base of a pole
to cover the cables and wires when
they cannot be installed inside
the utility pole.
External cable chase
- the cables and
wires are mounted
underneath the chase.
Exhibit C
Dog house - cable transition from
underground to electric utility pole
Exhibit C to Resolution No. 2018-004 (Adopted by Ordinance No. 2018.002)
Exhibit D1
Antenna shrouds - 45 degrees
Exhibit C to Resolution No. 2018-004 (Adopted by Ordinance No. 2018.002)
Exhibit D2
Antenna shrouds - 90 degrees
Exhibit C to Resolution No. 2018-004 (Adopted by Ordinance No. 2018.002)
Exhibit E
Examples of electrical meter pedestals - “Myers” or “Milbank” style
MILBANK
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pariatur. Excepteur sint occaecat cu
Milbank” style “Myers” style
Exhibit C to Resolution No. 2018-004 (Adopted by Ordinance No. 2018.002)