On the agenda: Fountain Hills Town Council Regular Session — license plate reader (Oct 20)

NOTICE OF REGULAR MEETING
OF THE TOWN COUNCIL

Mayor Gerry M. Friedel
Vice Mayor Gayle Earle
Councilmember Brenda J. Kalivianakis
Councilmember Hannah Larrabee
TIME:
WHEN:
WHERE:

Councilmember Peggy McMahon
Councilmember Allen Skillicorn
Councilmember Rick Watts

5:30 PM - REGULAR MEETING
DOORS OPEN 15 MINUTES PRIOR TO THE START OF THE MEETING
TUESDAY, OCTOBER 20, 2026
FOUNTAIN HILLS COUNCIL CHAMBERS
16705 E. AVENUE OF THE FOUNTAINS, FOUNTAIN HILLS, ARIZONA

Councilmembers of the Town of Fountain Hills will attend either in person or by telephone conference call; a
quorum of the Town’s various Commission, Committee or Board members may be in attendance at the
Council meeting.
Notice is hereby given that pursuant to A.R.S. §1-602.A.9, subject to certain specified statutory exceptions,
parents have a right to consent before the State or any of its political subdivisions make a video or audio
recording of a minor child. If a child is present at the time a recording is made, the Town will assume that the
rights afforded parents pursuant to A.R.S. §1-602.A.9 have been waived.
PARTICIPATION IN PUBLIC MEETINGS
Request to Comment Cards - To speak or submit written comments, a Request to Comment card is required.
Cards must be completed and submitted to the Town Clerk before the meeting begins. Late or incomplete
cards will not be accepted. A separate card is required for each agenda item.
Agenda Items (Consent or Regular) - Request to Comment cards must include the agenda item number,
whether the speaker is FOR or AGAINST the item, and whether the individual wishes to speak or submit written
comments.
Online Request to Comment cards may be submitted for regular agenda items only to either provide written
comments or request to speak at the meeting. Online submissions must be received by 12:00 PM the day
before the meeting at: https://www.fountainhillsaz.gov/publiccomment. Online comments are shared with the
Town Council.
Call to the Public requests are accepted in person only. Request to Comment cards must be submitted prior to
the meeting commencing. Online submissions are not accepted for Call to the Public.
Speaking Rules - Speakers may speak only when recognized by the Presiding Officer and are limited to three (3)
minutes. All comments must be directed through the Presiding Officer, not to individual Councilmembers or
staff.
Request to Comment cards and submitted information are public records subject to public disclosure.
NOTICE OF OPTION TO RECESS INTO EXECUTIVE SESSION
Pursuant to A.R.S. §38-431.02, notice is hereby given to the members of the Town Council, and to the general public, that at
this meeting, the Town Council may vote to go into executive session, which will not be open to the public, for legal advice and
discussion with the Town's attorneys for legal advice on any item listed on the following agenda, pursuant to A.R.S.§38431.03(A)(3).

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1.

CALL TO ORDER AND PLEDGE OF ALLEGIANCE

2.

INVOCATION
a.

INVOCATOR: Pastor Keith Pavia, Christ's Church of Fountain Hills

3.

ROLL CALL

4.

STATEMENT OF PARTICIPATION
Anyone wishing to address the Council regarding items listed on the agenda or during Call to the Public must completely fill out
a Request to Comment card located in the back of the Council Chambers and hand it to the Town Clerk prior to the start of the
meeting. Once the meeting has started, late requests to speak cannot be accepted. When your name is called, please approach
the podium, speak into the microphone, and state your name and if you are a resident for the public record. Comments may
not exceed three minutes. It is the policy of the Mayor and Council not to comment on items brought forth under "Call to the
Public." However, staff can be directed to report back to the Council at a future date or to schedule items raised for a future
Council agenda. To avoid disruption of the meeting, to maintain decorum, and provide for an equal and uninterrupted
presentation, applause is not permitted, except during Proclamations, Awards, and Recognitions. All meeting participants must
maintain proper decorum as specified in Section 6 of the Council Rules of Procedure.

5.

SUMMARY OF CURRENT EVENTS BY TOWN MANAGER

6.

PROCLAMATIONS, AWARDS, AND RECOGNITIONS
a.

RECOGNITION: Mayor's Business Spotlight: Phil's Filling Station

b.

RECOGNITION: Mayor's Veteran of the Month: Stephen Messel, US Army Ret.

c.

PROCLAMATION: October 18-24, 2026 as AZ Cities and Towns Week

d.

PROCLAMATION: October as Italian American Heritage Month

e.

PROCLAMATION: November 11 as Veterans Day

f.

PROCLAMATION: October 23-31, 2026 as Red Ribbon Week

7.

PRESENTATIONS

8.

CONSENT AGENDA
All items listed are considered to be routine, non-controversial matters and will be enacted by one motion and vote of the
Council. All motions and subsequent approvals of consent items will include all recommended staff stipulations unless
otherwise stated. There will be no separate discussion of these items unless a Councilmember or member of the public so
requests. If a Councilmember or member of the public wishes to discuss an item on the Consent Agenda, he/she may request so
prior to the motion to accept the Consent Agenda or with notification to the Town Manager or Mayor prior to the date of the
meeting for which the item was scheduled. The item will be removed from the Consent Agenda and considered as the first item
on the Regular Agenda. The remaining items on the Consent Agenda will be enacted by one motion and vote of the Council.

a.

CONSIDERATION AND POSSIBLE ACTION: Approving the meeting minutes of the
Town Council Regular Meeting of September 15, 2026.

b.

CONSIDERATION AND POSSIBLE ACTION: Approving Council recommending for
approval, to the Arizona Department of Liquor Licenses and Control, the application
for the Acquisition of Control of the Series 10 - Beer and Wine Store License for
Walgreens #06060, located at 16415 E Palisades Blvd, Fountain Hills, Arizona 85268.

c.

CONSIDERATION AND POSSIBLE ACTION: Approving Resolution 2026-25, an
Intergovernmental Agreement with Salt River Pima-Maricopa Indian Community for
receipt of Proposition 202 Funding for the Town of Fountain Hills annual Music Fest.

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d.
9.

CONSIDERATION AND POSSIBLE ACTION: Approving Resolution 2026-23 IGA with the
City of Mesa for Fleet Services for the Fire Department.

REGULAR AGENDA
a.

PUBLIC HEARING, with CONSIDERATION AND POSSIBLE ACTION: Relating to
Ordinance 26-12 repealing and replacing Zoning Ordinance Chapter 17, Wireless
Telecommunication Towers and Antennas.

b.

CONSIDERATION AND POSSIBLE ACTION: Regarding Ordinance 26-16, amending
Subdivision Ordinance Article 3, Section 3.03 B adding a new standard to require plats
of 50 acres or more to designate a location for future siting of wireless
telecommunications facilities.

c.

DISCUSSION: Regarding a proposed Ordinance related to Sharia Law.

d.

DISCUSSION: Regarding Ordinance No. 26-17, amending the Fountain Hills Town
Code, Chapter 16 (Streets and Sidewalks), by adding Article 16-4, Automated License
Plate Readers. (Tabled at the October 6, 2026, Council meeting to the October 20,
2026, Council meeting. Presented at the request of Councilmember Skillicorn with the
support of Councilmembers Larrabee and Watts).

10. CALL TO THE PUBLIC
Pursuant to A.R.S. §38-431.01, or as prescribed by state law.

11. COUNCIL DISCUSSION/DIRECTION TO THE TOWN MANAGER
Members of the Council may (1) request the Town Manager follow-up on matters raised at that meeting; (2) request one twominute response to directed criticism raised any portion of the meeting; (3) a consensus of the Council may request the Town
Manager to research a matter and report back to the Council.

12. FUTURE AGENDA ITEMS
13. ADJOURNMENT
Dated this 13 day of October, 2026.

Bevelyn J. Bender, Town Clerk
The Town of Fountain Hills endeavors to make all public meetings accessible to persons with disabilities. Please call (480) 816-5100 (voice) or
AZRelay 7-1-1 the Thursday prior to the meeting to request reasonable accommodation.

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ITEM 6.a.

TOWN OF FOUNTAIN HILLS
STAFF REPORT
Meeting Date:
10/20/2026
Meeting Type:
Town Council Regular Meeting
Submitting Department: Administration
Prepared by:
Hannah Martin, Executive Assistant
Staff Contact Information: Phone: 480-816-5107
Email: [email protected]
Request to Town Council Regular Meeting (Agenda Language)
RECOGNITION: Mayor's Business Spotlight: Phil's Filling Station
Staff Summary (background)
NA
Related Ordinance, Policy or Guiding Principle
N/A
Risk Analysis
N/A
Recommendation(s) by Board(s) or Commission(s)
N/A
Staff Recommendation(s)
Suggested Motion
FISCAL IMPACT
Fiscal Impact: N/A
Budget Reference: N/A
Funding Source: N/A
ATTACHMENTS
1.
Business Spotlight October 2026- Phil's Filling Station SIGNED

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ITEM 6.b.

TOWN OF FOUNTAIN HILLS
STAFF REPORT
Meeting Date:
10/20/2026
Meeting Type:
Town Council Regular Meeting
Submitting Department: Administration
Prepared by:
Hannah Martin, Executive Assistant
Staff Contact Information: Phone: 480-816-5107
Email: [email protected]
Request to Town Council Regular Meeting (Agenda Language)
RECOGNITION: Mayor's Veteran of the Month: Stephen Messel, US Army Ret.
Staff Summary (background)
This initiative honors local veterans who have served their country and continue to contribute
to their community.
Related Ordinance, Policy or Guiding Principle
N/A
Risk Analysis
N/A
Recommendation(s) by Board(s) or Commission(s)
N/A
Staff Recommendation(s)
Suggested Motion
FISCAL IMPACT
Fiscal Impact: N/A
Budget Reference: N/A
Funding Source: N/A
ATTACHMENTS
1.
Oct Vet of Month_Stephen Messel_SIGNED

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ITEM 6.c.

TOWN OF FOUNTAIN HILLS
STAFF REPORT
Meeting Date:
10/20/2026
Meeting Type:
Town Council Regular Meeting
Submitting Department: Administration
Prepared by:
Hannah Martin, Executive Assistant
Staff Contact Information: Phone: 480-816-5107
Email: [email protected]
Request to Town Council Regular Meeting (Agenda Language)
PROCLAMATION: October 18-24, 2026 as AZ Cities and Towns Week
Staff Summary (background)
The citizens of Fountain Hills depend on the Town to provide essential services that ensure
safety, quality of life, and community well-being. Arizona’s cities and towns deliver vital
programs such as public safety, utilities, parks, sanitation, libraries, and recreation that enrich
daily life. Through participation and cooperation, citizens, community leaders, local
businesses and municipal staff can work together to ensure that services provided by the
Town of Fountain Hills can remain exceptional elements of the quality of life of our
community. The Town of Fountain Hills joins with the Arizona League of Cities and Towns
and fellow municipalities across Arizona in proclaiming October 18–24, 2026, as Arizona
Cities & Towns Week.
Related Ordinance, Policy or Guiding Principle
N/A
Risk Analysis
N/A
Recommendation(s) by Board(s) or Commission(s)
N/A
Staff Recommendation(s)
Suggested Motion
FISCAL IMPACT
Fiscal Impact: N/A
Budget Reference: N/A
Funding Source: N/A
ATTACHMENTS
1.
2026_CitiesAndTownsWeek_Proclamation_SIGNED

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ITEM 6.d.

TOWN OF FOUNTAIN HILLS
STAFF REPORT
Meeting Date:
10/20/2026
Meeting Type:
Town Council Regular Meeting
Submitting Department: Administration
Prepared by:
Hannah Martin, Executive Assistant
Staff Contact Information: Phone: 480-816-5107
Email: [email protected]
Request to Town Council Regular Meeting (Agenda Language)
PROCLAMATION: October as Italian American Heritage Month
Staff Summary (background)
The Town of Fountain Hills honors and celebrates the rich heritage, traditions, and
contributions of Italian Americans, whose dedication, talent, and cultural legacy have
enriched both our nation and local community. Italian American Heritage Month provides an
opportunity to reflect upon and commemorate the achievements of generations past and
present who have preserved and promoted Italian cultural, social, and economic heritage.
Accordingly, the month of October is hereby proclaimed as Italian American Heritage
Month, and all residents are encouraged to join in celebrating these significant contributions.
Related Ordinance, Policy or Guiding Principle
N/A
Risk Analysis
N/A
Recommendation(s) by Board(s) or Commission(s)
N/A
Staff Recommendation(s)
Suggested Motion
FISCAL IMPACT
Fiscal Impact: N/A
Budget Reference: N/A
Funding Source: N/A
ATTACHMENTS
1.
Italian American Heritage Month - October 2026 SIGNED

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ITEM 6.e.

TOWN OF FOUNTAIN HILLS
STAFF REPORT
Meeting Date:
10/20/2026
Meeting Type:
Town Council Regular Meeting
Submitting Department: Administration
Prepared by:
Hannah Martin, Executive Assistant
Staff Contact Information: Phone: 480-816-5107
Email: [email protected]
Request to Town Council Regular Meeting (Agenda Language)
PROCLAMATION: November 11 as Veterans Day
Staff Summary (background)
The Town of Fountain Hills proclaims November 11, 2026, as Veterans Day, honoring the
men and women who have served in the United States Armed Forces. The proclamation
expresses the community’s gratitude for their sacrifices in protecting our freedoms and calls
on all residents to join in recognizing and respecting our veterans while upholding the values
of liberty, justice, and unity.
Related Ordinance, Policy or Guiding Principle
N/A
Risk Analysis
N/A
Recommendation(s) by Board(s) or Commission(s)
N/A
Staff Recommendation(s)
Suggested Motion
FISCAL IMPACT
Fiscal Impact: N/A
Budget Reference: N/A
Funding Source: N/A
ATTACHMENTS
1.
2026_VeteransDay_Proclamation_SIGNED

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ITEM 6.f.

TOWN OF FOUNTAIN HILLS
STAFF REPORT
Meeting Date:
10/20/2026
Meeting Type:
Town Council Regular Meeting
Submitting Department: Administration
Prepared by:
Hannah Martin, Executive Assistant
Staff Contact Information: Phone: 480-816-5107
Email: [email protected]
Request to Town Council Regular Meeting (Agenda Language)
PROCLAMATION: October 23-31, 2026 as Red Ribbon Week
Staff Summary (background)
Red Ribbon Week, October 23–31, is the Nation’s largest drug prevention campaign, raising
awareness about the dangers of alcohol and drug abuse and promoting healthy, drug-free
lifestyles. This year, the Town recognizes the work of the East Valley Young Marines, a
youth program fostering leadership, character, and drug-free living.
The Town of Fountain Hills joins communities nationwide in encouraging residents,
businesses, schools, and organizations to demonstrate their commitment by wearing and
displaying red ribbons. This proclamation affirms the Town’s dedication to substance abuse
prevention and a healthy community.
The Mayor and Council will proclaim October 23–31, 2026, as Red Ribbon Week in
Fountain Hills.
Related Ordinance, Policy or Guiding Principle
N/A
Risk Analysis
N/A
Recommendation(s) by Board(s) or Commission(s)
N/A
Staff Recommendation(s)
Suggested Motion
FISCAL IMPACT
Fiscal Impact: N/A
Budget Reference: N/A
Funding Source: N/A
ATTACHMENTS
1.
2026_RedRibbonWeek_Proclamation_SIGNED

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ITEM 8.a.

TOWN OF FOUNTAIN HILLS
STAFF REPORT
Meeting Date:
10/20/2026
Meeting Type:
Town Council Regular Meeting
Submitting Department:
Prepared by:
Angela Espiritu, Deputy Town Clerk
Staff Contact Information: Phone: 480-816-5116
Email: [email protected]
Request to Town Council Regular Meeting (Agenda Language)
CONSIDERATION AND POSSIBLE ACTION: Approving the meeting minutes of the
Town Council Regular Meeting of September 15, 2026.
Staff Summary (background)
The intent of approving meeting minutes is to ensure an accurate account of the discussion
and action that took place at the meeting for archival purposes. Approved minutes are placed
on the town's website and maintained as permanent records in compliance with state law.
Related Ordinance, Policy or Guiding Principle
N/A
Risk Analysis
N/A
Recommendation(s) by Board(s) or Commission(s)
N/A
Staff Recommendation(s)
Staff recommends approving the meeting minutes of the Town Council Regular Meeting of
September 15, 2026, as presented.
Suggested Motion
MOVE TO APPROVE the meeting minutes of the Town Council Regular Meeting of
September 15, 2026, as presented.
FISCAL IMPACT
Fiscal Impact: N/A
Budget Reference: N/A
Funding Source: N/A
ATTACHMENTS
1.
2026.0915.TCRS.MINUTES

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TOWN OF FOUNTAIN HILLS
MINUTES OF THE REGULAR SESSION
OF THE FOUNTAIN HILLS TOWN COUNCIL
September 15, 2026

A Regular Session of the Fountain Hills Town Council was convened at 5:30 p.m.
Members Present: Mayor Gerry M. Friedel: Vice Mayor Gayle Earle;
Councilmember Rick Watts; Councilmember Peggy McMahon; Councilmember
Brenda J. Kalivianakis; Councilmember Hannah Larrabee; Councilmember Allen
Skillicorn
Staff Present: Deputy Town Manager David Trimble; Town Attorney Jennifer
Wright; Deputy Town Clerk Angela Padgett-Espiritu

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TOWN OF FOUNTAIN HILLS
SEPTEMBER 15, 2026 REGULAR TOWN COUNCIL MEETING MINUTES

Post-Production File

Town of Fountain Hills
Regular Town Council Meeting Minutes
September 15, 2026

Transcription Provided By:
eScribers, LLC
* * * * *
Transcription is provided in order to facilitate communication accessibility and may not
be a totally verbatim record of the proceedings.
* * * * *

Page 1 of 32
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TOWN OF FOUNTAIN HILLS
SEPTEMBER 15, 2026 REGULAR TOWN COUNCIL MEETING MINUTES

MAYOR FRIEDEL: I'd like to call this meeting to order. Would you please rise for the
Pledge of Allegiance?
ALL: I pledge allegiance to the flag of the United States of America, and to the Republic
for which it stands, one nation, under God, indivisible, with liberty and justice for all.
MAYOR FRIEDEL: And if you choose to remain standing, our invocator tonight will be
Kerry Schneider, director of Promised Land preschool at Christ Church in Fountain Hills.
SCHNEIDER: Good evening. Thank you for allowing me to come and pray for your
Council meeting today.
Lord God, creator of all, we thank you for the beautiful Town of Fountain Hills and for
the people who call it home. We come before you and ask for your wisdom and
guidance this evening.
Give the Mayor, Councilmembers, and staff, clear minds, open hearts, and a spirit of
cooperation to make decisions that will honor you, and be for the common good of the
citizens they serve.
We also ask you, Lord, to help everyone in attendance this evening to be respectful of
differing opinions, realizing that we are all made in your image. It's in Jesus name we
pray. Amen.
MAYOR FRIEDEL: Thank you. Town Clerk, can I get a roll call, please?
BENDER: Mayor Friedel.
MAYOR FRIEDEL: Present.
BENDER: Vice Mayor Earle.
EARLE: Present.
BENDER: Councilmember Skillicorn.
SKILLIKORN: Present.
BENDER: Councilmember Kalivianakis.
KALIVIANAKIS: Here.
BENDER: Councilmember Watts.
WATTS: Present.
BENDER: Councilmember Larrabee.
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TOWN OF FOUNTAIN HILLS
SEPTEMBER 15, 2026 REGULAR TOWN COUNCIL MEETING MINUTES

LARRABEE: Here.
BENDER: Councilmember McMahon.
MCMAHON: Here.
BENDER: We have a quorum.
MAYOR FRIEDEL: Thank you. We'll move on now to our summary of current town
events by our Deputy Town Manager, Dave Trimble.
Dave?
TRIMBLE: Thank you. Thank you, Mayor and Council. Good to be here, filling in for
Rachael.
This weekend was busy at Fountain Park. The community gathered on September 11th
to remember the lives lost and those affected by the attacks of September 11th, for the
25th anniversary for that, Fountain Park also hosted the Fountain Hills High School Cross
Country Invitational on Saturday, which brought approximately 1,000 runners to town.
Also, work is nearing completion on the additional eastbound lane on Shea Boulevard
between Palisades and Fountain Hills Boulevard. That segment has been closed recently
on several nights, and -- but we expect the project to be complete within the next few
weeks. So that's the good news there.
Staff continues working with EPCOR on the Palisades Boulevard water main work, as
well as current maintenance activity, and we'll continue to keep residents informed as
we -- as that work moves forward.
Looking forward, Ballet Arizona will present the Free Ballet Under the Stars at Fountain
Park at 7 p.m. on Thursday, September 24th. Oktoberfest. Friday and Saturday,
October 2nd and 3rd, at Centennial Pavilion is coming up.
And finally, Make a Difference Day is also coming up on Saturday, October seventeenth,
and the last day to sign up as a volunteer is Monday, October 12th. And that's it for me.
MAYOR FRIEDEL: Thank you. We have a lot going on in our town.
Okay. Now we'll move on to proclamations, awards, and recognitions. And I want to
start out by recognizing our sheriff and MCSO.
The Town of Fountain Hills continues to work closely with Maricopa County Sheriff's
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TOWN OF FOUNTAIN HILLS
SEPTEMBER 15, 2026 REGULAR TOWN COUNCIL MEETING MINUTES

Office as partners in the shared commitment of public safety, service and
responsiveness to our community.
Following the Mayor's Visibility Initiative in 2025, which further enhanced MCO's -MCSO's community engagement through partnerships with local businesses
stakeholders. The increased communication and interactions with our residents helped
drive public safety efforts.
Community-led feedback on safety and quality of life issues helped direct the attention
and resources of MCSO to address key concerns from our public. This collaboration
drove patrol presence, in-person meetings with businesses and community groups, and
highlighted areas where Fountain Hills residents needed extra support.
The results of this partnership with the Town of Fountain Hills, the businesses and
community leaders and the personnel at MCSO has been recognized by town, by our
town government and internally at MCSO.
Increased community engagement does not always show tangible results outside of the
day-to-day interactions or closer close relationships it produces. However, in today's
case, there is one area that provides a clear view showing the results of town
government, law enforcement, and the business community coming together.
The Fountain Hills Municipal Court reported total case firing -- filings of 1781 in fiscal
year 2025. Following the Mayor's Visibility Initiative, community engagement, and
driven by the dedication of our MCSO deputies on the front lines, the municipal court
reported total case filings of 4171 in fiscal year '26. That's an increase of 134 percent
over the previous year.
This represents the direct impact of town public safety and community, and the
community working together to continue keeping Fountain Hills one of the safest
communities in the country.
The success of MCSO in service to Fountain Hills was recently recognized by Sheriff Jerry
Sheridan. We are glad to have him here today to present the Sheriff's Accommodation
to the personnel who serve Fountain Hills and are responsible for making this success
possible.
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TOWN OF FOUNTAIN HILLS
SEPTEMBER 15, 2026 REGULAR TOWN COUNCIL MEETING MINUTES

So can I get all the Jerry's to come forward?
That was a joke. So you could laugh at that.
[LAUGHTER]
SHERIDAN: Well, you're always so serious, so somebody knows when you're kidding.
Anyway I moved to Fountain Hills 50 years ago this month, and it has been my adopted
second home. And the only reason I had to move out is because MCO took away the
stables from us where we had our horses, so it was either moved to Goldfield Ranch, or
get rid of my horses. Well, I moved to Goldfield Ranch, just so you know.
But I still own my home in Fountain Hills. I love Fountain Hills, and I have to recognize -I know you're probably going to recognize Enrique, but many years ago Fountain Hills
considered getting their own police department. And I knew that was the wrong thing
for the town, especially as a taxpayer, that they'd get a much better deal with the
sheriff's office.
Little did I know -- how long ago was that, Rick?
RICK: 21 years.
SHERIDAN: 21 years ago that I would stand here in front of you as your sheriff. And I'm
glad we made that decision back 21 years ago. And the sheriff's office is still serving the
town to the best of its ability, and will continue, especially as long as I'm the sheriff and
Gerry's here.
You know you can't go wrong with a Jerry, right?
[LAUGHTER]
SHERIDAN: So anyway, I wanted to take a moment and thank the confidence that the
Town Council has had and the community has had in the sheriff's office, because we feel
that, you know, policing here, at least I know I policed here before Fountain Hills was a
town, and I hope to long continue to do that and serve this community and the great
people that live here. Thank you.
MAYOR FRIEDEL: So I know you have some special recognitions tonight.
RICK: Thank you, Mayor, and Council and Sheriff, for allowing me to speak and allowing
MCSO to highlight this major operational achievement. I want to begin by sharing what
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TOWN OF FOUNTAIN HILLS
SEPTEMBER 15, 2026 REGULAR TOWN COUNCIL MEETING MINUTES

a profound honor it is to serve the Fountain Hills community. The incredible public
safety successes we have achieved were only possible because of the tremendous
support we've received from our residents, the Town Council, and the dedicated town
staff.
Public safety is a partnership, and Fountain Hills is a shining example of how a
community and law enforcement work together to keep families safe. It is with that
spirit of partnership I am proud to present a Sheriff's commendation to the District 7
Patrol Group, comprising of deputies, sergeants, and admin staff for their exceptional
work during the fiscal year 2026. Managing this growth required flawless efficiency and
teamwork. Their relentless work ethic brings great credit upon themselves and our
entire agency.
Will the members of the District 7 Patrol Group please step forward to receive the
Sheriff's commendation?
[CROSS TALK]
MAYOR FRIEDEL: I don't know. Is there anybody out on the streets tonight?
[LAUGHTER]
[CROSS TALK]
MAYOR FRIEDEL: Thank you. Now we'll move on to the Mayor's business spotlight.
And tonight's Mayor's business spotlight is Mindful Barbell. It's my pleasure to
recognize John Speakman, owner of Mindful Barbell, as part of the Mayor's business
spotlight.
Since opening in Fountain Hills in 2021, Mindful Barbell has become much more than a
fitness studio. Located on the avenue of the fountains, it has become a place where
people come together to build strength, confidence, independence and community.
The studio offers strength training, Pilates, balance, mobility, and mindful mindfulness,
with a particular focus on helping adults over 50 stay active and move well.
What makes John's story especially meaningful is the personal connection behind the
business. John and his partner, Jason, left their life in Santa Barbara, brought their dog,
Hugo, and chose Fountain Hills for a fresh start.
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TOWN OF FOUNTAIN HILLS
SEPTEMBER 15, 2026 REGULAR TOWN COUNCIL MEETING MINUTES

They wanted to create a space where people could feel supported, encouraged, and
safe while working toward their individual wellness goals.
Their story is a wonderful example of what makes Fountain Hills special. People come
here looking for a community, find one they love, and then give back by creating
something meaningful for their neighbors. And of course, Hugo gave Fountain Hills two
paws up and quickly claimed the studio as his second home.
John also understands the journey of rebuilding strength firsthand. After suffering a
ruptured lumbar disc, he used targeted training to rebuild his strength and mobility, and
today, he brings that experience and understanding to his clients.
His small group Pilates classes limited to just four participants, provide personalized
attention focused on core strength, flexibility, posture, balance, and joint health.
Just as important as physical benefits, is the sense of connection. Mindful barbell has
created this in our community. Monthly social gatherings, educational events, and First
Friday meetups give clients opportunities to connect beyond their workouts and build
genuine friendships.
Mindful Barbell has continued to grow through the acquisition of Pilates 101, expanding
the variety of fitness and wellness opportunities available in Fountain Hills, and allowing
John to serve people with different interests, abilities, and goals.
It's exciting to see a local business not only succeed, but continue investing in itself, and
in our community. John has created more than a gym. He has created a community
where neighbors can connect, laugh, support, and recognize that getting older does not
mean giving up on living and active, healthy, and independent life.
On behalf of the Town of Fountain Hills, congratulations and thank you to John
Speakman, and the entire Mindful Barbell community for everything you contribute to
Fountain Hills.
It's my honor to recognize Mindful Barbell as this month's Mayor's Business spotlight.
John, come on up.
JOHN: Hi, I'm John, and honestly, I think the Mayor should be my marketing guy, and -because I don't think I could -- there's nothing I can add to what he said.
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You captured everything that Mindful Barbell is about, and I truly appreciate it.
However, I do have a prepared speech. I feel like I'm going to do a quick, quick speech
here.
Again, I'd like to thank Mayor, Councilmembers, everybody in attendance tonight. This
recognition was completely unexpected, and it really does mean a great deal to me and
to my family as well.
When Jason and I moved to Fountain Hills, we really hoped that this would become our
new home, and it has. We've met some truly wonderful people here, many of whom
now spend several hours each week doing exactly what I tell them to do, and -- even
when it involves squats. So that alone deserves some recognition.
Mindful barbell may be our business, but our clients are the main reason it has become
such a meaningful part of my life. They show up, they work hard, they support one
another, and they remind me every day that becoming stronger is about much more
than lifting weights. It's about continuing to live life with confidence and independence.
I'm very proud to serve this community, and I'm sincerely grateful for this honor. I
thank you.
MAYOR FRIEDEL: You're welcome.
And now we'll move on to our veteran recognition of the month. It's my distinct honor
and privilege to honor Enrique Melendez. Enrique Melendez, USMC, retired, was born
in Santa Tecla, El Salvador, and moved to the United States to pursue his education.
Enrique graduated from a California Marine Military Academy. He served in special
military operations, training troops in jungle warfare, and supporting missions
throughout Central America.
Years later, he worked with Senator John McCain to facilitate the deployment of forces
from El Salvador to serve alongside the US forces in Iraq.
In recognition of this joint effort, Enrique was honored and decorated for his
distinguished service by Senator John McCain in 2003.
Enrique continued his lifelong dedication to public service as a member of the Fountain
Hills Town Council in 2001, and later as a Council representing El Salvador in the State of
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Arizona.
Today, he continues his service to the community as an ambassador to the Diplomatic
Corps of America. The Mayor and Town Council are honored to present Enrique with
this veteran of the month recognition.
Enrique, please come on up.
MELENDEZ: First of all, thank you, Mayor, the committee that approved my being here
today in receiving this award, Hannah, who wrote the resolution and -- and before I go
any further, I want to thank God for giving me almost 90 years of health and strength
starting in January. And also thank him for bringing me my guardian angel, my beautiful
wife Pam. That without her support and love, I wouldn't be here.
Mayor, as you know, I hold the title of ambassador in the Diplomatic Corps of Arizona,
and the Corps is composed of 34 countries in Africa, Middle East, Asia, Europe, and
Central America.
And I have the privilege of having three of your constituents here who are consuls. And
I want to start by naming them the Council of Poland. Please stand up, Bogumil
Horsham.
The Council of Norway, Alex Womack. The Council was awarded a medal by the King of
Norway, who recently passed away, for the merit that in serving the constituents of
Norway, in Arizona and New Mexico.
And the last one is a tall fellow. He's a consul of Sweden. Mikael Orlm. Mikael won the
Olympic medal in the 1984 Olympics in Los Angeles. Thank you.
You know, Mayor, when I took the oath of office, it was in the old building, and I was
asked to sit next to the Mayor, and I sat there and when we moved to this building. I
also sat next to the mayor, Mayor Sharon Morgan, Mayor Wally Nickels and Mayor John
Beidler. And it gives me a feeling of strength to be here getting this award from you and
the Council. And I just want to say that I will continue with the hope of the big boss
upstairs to serve our country in the best way that I can.
Now, with respect to the award I would like to mention that in 2003 we went into war
with Iraq, and a fellow by the name of Dennis DeConcini, a United States senator, and I
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went to the Marine Military Academy together, and he said, you ought to meet a fellow
by the name of John McCain, and I said, okay, and I met him in the year 2000.
Then when the war in Iraq started in 2003, Senator McCain came to me and said, look, I
like you to go to your home country, meet with the president, the commanding general
of the armed forces, and get me some damn Marines. And I said, sir, I don't think I'm
able to do that.
Two weeks later, he called me into his office and he was shorter than me, stout. And
he -- both hands he put on my shoulders and he said to me, get your know what down
to El Salvador and get me those Marines.
So I did that. Spent two days in El Salvador, met with the president. We were able to
get 381 Marines. The next day, we put them in a C-130 transport, and they went to Fort
Benning, Georgia, and then to Iraq. Out of that 381 Marines, we lost 37 of them.
And then the last thing I want to do, and I'm not going to take any more time, is when I
was here in the Council, there was a fellow that I was sitting, I believe, where you are,
Mr. Skillikorn, and he didn't vote with me most of the time. But there was one vote that
was potent, which brought the Sheriff's Office into Fountain Hills.
I didn't tell the town manager, I didn't tell the Mayor, I didn't tell the town attorney
what I was going to do. But I made a motion to bring MCSO into Fountain Hills. And
right before I finish, gentlemen, I'm talking about said, I agree.
And so I want to thank him, Senator John Kavanagh. Thank you John.
And next to him is a lady that serves six years in the Town Council as our Mayor. She
was reelected twice. And Linda, thank you for your service.
With that, I want to thank you. You're doing a great job, a good Mayor, and I know it's
been difficult to all of you, just like it was difficult for me. But that's the price you pay
for serving the community.
So I want to thank you all. I want to thank the audience. I want to say, God bless you all
and God bless the United States of America, the greatest country in the world.
MAYOR FRIEDEL: Okay. And we have some proclamations tonight. We're going to start
with Vice Mayor Gayle Earle.
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EARLE: Thank you. Mayor. Tonight we're going to talk about ovarian cancer awareness,
and we're dedicating this month, September, to that.
Whereas ovarian cancer is the fifth leading cause of cancer-related death among
women in the United States, with an estimated 21,010 diagnoses and 12,450 deaths
nationwide in 2026, including 450 new cases and 313 deaths in Arizona.
Whereas, a woman's lifetime risk is one in 91 for diagnosis and one in 443 for death.
Whereas vague symptoms and no reliable early detection test means most women are
diagnosed at stage three or later.
Whereas stage diagnoses have over 90 percent five-year survival rates, but represent
only 17 percent of cases, while later stages drop below 50 percent.
Whereas no equivalent screening exists for ovarian cancer like mammograms or PAP
tests -- PAP tests and making symptoms and risk factor awareness crucial.
Whereas public education can promote early diagnosis, access to gynecological
oncology, and research funding.
Whereas, the town joins survivors, families, caregivers and healthcare professionals in
raising awareness, promoting education, and fostering hope.
Now therefore, Mary -- Mayor Gerry Friedel proclaims September 2026 as Ovarian
Cancer Awareness Month.
The Great Fountain will be lit teal and residents are encouraged to participate in
awareness activity, wear teal, and engage in life saving conservation -- conversations,
supporting affected families.
And do we have someone here to receive this? Thank you. Okay.
PUTMAN: Hi there. My name is Rachel Sackett Putman, and I'm here as a stage three
ovarian cancer survivor, thriver, and advocate, and as a proud Arizona resident for the
past 20 years.
Thank you, Mayor and Councilmembers of the Town of Fallon Hills for once again
recognizing September as Ovarian Cancer Awareness Month. Arizona is where I built my
adult life, my marriage, my career, and my survivorship. So receiving this proclamation
is so deeply meaningful, from the Town of Fountain Hills.
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Ovarian cancer is one of the deadliest cancers affecting women, yet it remains one of
the most underfunded and least understood. Over 21,000 women in the U.S. will be
diagnosed this year, and over 12,000 will lose their lives, a staggering 60 percent
mortality rate.
Most women are diagnosed at advanced stages because symptoms are vague, and there
are still no reliable early detection test. For many of us, that lack of awareness is the
difference between catching cancer early and fighting for our lives. I was diagnosed at
38 with a rare subtype called low grade serous ovarian cancer, a chronic disease with no
standard of care and an 85-percent recurrence rate.
Like many women, I lost my ability to have biological children, dreams my husband and I
hadn't yet fulfilled. And this year, I've suffered some very deep losses to this disease,
losses that weigh heavily on me and remind me why awareness is so urgently needed.
Every teal light, every social media message, and every proclamation, including yours,
helps someone recognize symptoms earlier, and brings much needed attention to this
insidious disease.
I'm also so grateful for the illumination of the fountain in teal, and for joining in
solidarity all those impacted by ovarian cancer. These actions truly save lives and honor
the women we've lost far too soon.
Thank you for standing with survivors, honoring the women we've lost, and helping to
protect families across the Town of Fountain Hills and the great State of Arizona. Your
continued leadership makes a real and lasting difference.
Together, we can shine a light on this gravely overlooked disease and give hope to the
women and families who need it most.
MAYOR FRIEDEL: Thank you. Our next proclamation is going to be Hannah Larrabee.
LARRABEE: Thank you, mayor. And we are proclaiming September 17th through the
23rd as Constitution Week. Whereas the Constitution of the United States of America,
the Guardian of our liberties, embodies the principles of limited government and a
republic dedicated to rule by law. And whereas September 17th, 2026 marks the 239th
anniversary of the framing of the Constitution of the United States of America by the
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Constitutional Convention.
And whereas, it is fitting and proper to accord official recognition to this magnificent
document and it's memorable anniversary, and to the patriotic celebrations which will
commemorate it.
And whereas Public Law 915 guarantees the issuing of a proclamation each year by the
president of the United States of America, designated September 17th through 23rd as
Constitution Week.
Now, therefore, the Mayor and Town Council of Fountain Hills do hereby proclaim
September 17th through the twenty-third 2026 as Constitution Week and encourage all
citizens to reaffirm the principles of freedom and justice set forth by the framers of the
Constitution.
The DAR is here to accept the resolution.
RACHEL: My name is Rachel. There we go. Hi, my name is Rachel and I'm the Regent of
the Four Peaks chapter of the Daughters of the American Revolution, here in Fountain
Hills.
The Daughters of the American Revolution was founded in 1890 and is a nonprofit,
nonpolitical women's service organization that promotes the missions of historic
preservation, education, and patriotism, and by this proclamation, it underscores all
three.
So thank you very much to our Mayor, and to our town. We're so thankful also to have
partnered with our local schools here in elementary school and our middle school with a
special display on the Constitution. So if you all have kids in school, feel free to stop by
our booth. We'd love to see you. So thank you.
MAYOR FRIEDEL: Thank you. And our last proclamation is going to be read by Brenda.
And this is for our Sister Cities, which is a very important organization in our town. And
it connects us with countries internationally around the world.
So Brenda.
KALIVIANAKIS: Thank you, Mr. Mayor. Yeah, last but not least, we'd like to recognize
our sister cities and our cultural heritage months. Whereas the Town of Fountain Hills
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values its friendships, its cultural exchanges and mutual understanding fostered through
sister cities relationships. Whereas our sister cities Ataco, El Salvador, Dierdorf,
Germany, and Zamosc, Poland strengthen our community through international
friendship and cultural exchange.
Whereas, we join the nation in honoring Hispanic American Heritage Month, German
American Heritage Month, and Polish American Heritage Month, celebrating the rich
cultures and the traditions our sister cities represent.
Now, therefore, the Mayor, Gerry Friedel, and this Town Council of Fountain Hills do
hereby recognize our sister cities, and celebrate Hispanic, German, and Polish American
Heritage Month.
MAYOR FRIEDEL: There you go.
UNIDENTIFIED SPEAKER: Thank you, Mayor Friedel, how it would be pronounced in
Germany and Town Council for this great honor bestowed to Fountain Hills sister cities.
Fountain Hills Sister Cities was founded in 2000 and slowly but surely, we grew our sister
cities in El Salvador, and Poland, and in Germany.
We're really proud to work for this organization and really appreciate the support that
we get from the Town.
Because of our efforts, we have been able to give our students here, an opportunity to
explore worldwide activities outside of their comfort zone. We send students to Poland,
to Germany, and we had one year, 40 students going to Ataco to help rebuild homes
that were washed away from floods.
So these students came back with a life-changing attitude, and we continue to do that.
And we're proud to welcome students from Poland, from Germany. Ataco students
have been here as well.
In January, we're planning a trip to Ataco, El Salvador to meet our new friends there.
And with me, I have Elizabeth Horsham. She's the leader for Zamosc Poland. I have
Tanya. She's helping me tremendously with Sister Cities. And we have Steve Baggio,
who is in charge of finding our next sister city, which will be in Italy.
I thank everybody, and I expect to see all of you at Oktoberfest on October 2nd or 3rd,
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because that's our fundraiser for Sister Cities. Thank you very much.
KALIVIANAKIS: Thank you.
MAYOR FRIEDEL: Thank you. We'll move on now with our presentations.
David?
TRIMBLE: Yes. Mayor and Council. Paul Soldinger, our Chief Financial Officer, will walk
us through and tell us how we did on our revenues for the fourth quarter and full year
for fiscal year 2026.
SOLDINGER: All right. I was expecting everyone to stick around, but I was just kind of
observing that no one stayed for my report. So I don't know if I should -- how I should
take that, but I'll think about it.
But yeah, tonight I'll be presenting our quarter four and full year fiscal year 2026
revenues to the Mayor and Council. It's generally a very positive report. So I'll kind of
go through it, but please feel free to ask any questions along the way.
Our total net taxable activity for the quarter was 192.2 million, an increase of 3.6
percent compared to the prior year. And for the full year activity, we were about 0.4
percent more than fiscal year '25. But keep in mind, fiscal year '25 had half a year of the
residential rental taxes that went away, that the State eliminated in January of 2025. So
just to seeing an increase at all was a positive development.
Total local sales taxes of 5.8 million for the quarter, outpaced last year by seven percent.
It was a very good quarter for us, buoyed by construction and services, which I'll get
into. Very strong quarter. As you can see, the first two quarters of the year were pretty
slow compared to the prior year, and then we kind of sped up through the end of the
year.
We ended up two percent above last year, at 20.6 million. But that -- again, that's
pretty good because we lost, you know, three to $400,000 of local sales tax revenues for
residential rentals for that half year that we lost. So that was pretty strong outcome for
the town, and we're looking pretty good for fiscal year '27.
It was very strong compared to projections, 22 percent above projections for the
quarter, 14 percent for the year, very similar to fiscal year '25.
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And one thing to point out is something that I thought was really good. Looking at fiscal
year '24, we were at 20.6 million. We kind of dipped down with the loss of residential
rental taxes, but we're back up. So we're starting to turn back upwards in fiscal year
2026.
Retail sales, our biggest category, a little more than half of our total local sales taxes.
We brought in 2.74 million, about 1.4 percent more than the prior year, fourth quarter.
A little bit of coming back down to earth from the third quarter, which was very, very
strong. But compared to projections, still 1.3 percent above, and for the year at $10.8
million, about five percent more than the prior year in our retail category.
So that's pretty good. That's a good outcome for the town, especially earlier in the year,
or even the fiscal year '24, towards the end of the year, things seem to be up and down
month to month.
Retail sales. We've been presenting this information just taking out the food sales. It
just gives you a better indicator of actual retail shopping in the town and the trends.
We did have a little bit of a dip, $2.18 million for the quarter of retail sales without
food -- 1.2 percent below the prior year, fourth quarter. But all in all, for the year, we
were still 1.5 percent above the prior year. So still upward trend, not as strong as the
overall retail sales.
So retail sales for remote sellers. We've been looking at this; it's kind of a indicator of
online shopping. You know, it's showing us where the trends are going. And right now
we're still seeing that trend. $579,000 of local sales tax from remote sellers for the
quarter, an increase of 24 percent over the prior year.
And for the year, at 2.16 million, about 17 percent over the prior year. So we continue
to see this trend where people are buying online more and more. Just something to
think of when you're out there talking to constituents and stakeholders of the town.
Construction. This was a very good quarter for construction. We also had a very good
fourth quarter in fiscal year '25, but we brought in $1.1 million of construction sales tax
in the fourth quarter, about seven percent more than fiscal year 2025. $3.3 million in
total for the year, almost 11 percent more than the prior. And that was, again, a good
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trend for us, because you can't see all the prior years, fiscal year '22, when development
started picking up more after the pandemic recovery kind of things, our local sales tax
for construction was lower than $2 million for that year.
Then we kind of started shooting up. There's a lot of development for fiscal year '23,
'24. We came back down to earth in '25 a little bit, and now we're starting to see that
trend back up as well. So again, just another good sign that after a slower fiscal year '25,
we're trending back up in construction activity.
For the quarter, 1.1 million was 83 percent more than our conservative projections.
This is one of the categories where we have talked about with Council, that we're
probably being a little bit too overly conservative. Just kind of what I just stated, how
things were very choppy for a few years. And that's kind of why we're starting to see
more of a baseline level of revenues for the town. So definitely we'll be addressing that
through the budget in the next few years.
But for the year, $3.3 million, 38 percent above projections for the year.
Utilities and communications, it was a good quarter for us $375,000, seven percent
more than the prior year, fourth quarter for overall for the year, it trended down slightly
in utilities, for whatever the reasons that may be. The 1.71 million we brought in was
slightly lower, about 0.75 percent lower than the prior year in total, but we were still
barely above our projections for the year, at 0.9 percent above our projections.
Definitely something to monitor. Again, like I've stated, utilities are relatively stable
slightly going up this year was a little bit of a down year for utilities, for us.
Real estate. It looks bad on the screen, but just remember, the local sales taxes for
residential rental taxes went away in January of 2025. The fourth quarter is actually the
first fully comparable quarter where there wasn't a residential rental tax from year to
year. So you did see that 170,000 we brought in this category was nine percent above
the prior year, fourth quarter.
The $712,000 for the year was 26 percent below the prior year. But again, that's very
much expected with the loss of those long term taxes. All in all, if you compare the
projections, we were three percent -- 3.7 percent above projections for the quarter and
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4.6 percent above projections for the year.
Restaurants and bars. I know in fiscal year '25 and even '24, this was a very choppy
category, but we have seen three consecutive quarters of pretty strengthening revenues
here. We brought in $34,000, eight -- 8.7 percent above the prior year.
And again, similar to our retail category, and I -- was it construction as well. We had
stronger revenues for a couple of years at 1.45 million there in fiscal year '24. You see
that drop in '25, and now you're starting to see that upward trend again.
So I mean, we've heard we've all heard about the restaurants opening in town and some
of the impending restaurants coming in. We are already seeing this trend up for us. So I
think that's a good sign as well.
434,000, 18 percent above our conservative projections and for the year 12.7 percent
above our projections.
Services. This was really the star of our -- so shout out to Amanda. I believe she's here
in the back. Our tourism sector, really it was a great quarter for the town. We brought
in $951,000. 26 percent above the prior year, fourth quarter. I want to say that's the
best quarter we've had. It's pretty close in this category.
And in total for the year -- as you can see, the first two quarters were actually lagging.
We weren't doing that great in this sector the first two quarters. But then all in all, for
the year, we still outpaced last year by six percent. This is another one of the categories
that we've probably been a little overly conservative on, and we've established a better
baseline over the past three years, that we can probably address through the budget
process as well.
All in all, 91 percent above our conservative projections for the fourth quarter and 55
percent above projections for the year. So yeah, we had a really good year from a
tourism standpoint for the town.
So like I said, very positive report for the town, for our state shared revenues, we barely
exceeded our projections at $960,000 in the general fund for the quarter, for state
shared sales taxes. We get a share of those sales taxes from the State on a monthly
basis, as well as urban revenue sharing, or income taxes. Pretty close to our projections
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right below that amount.
Where we did underperform -- we did have a couple underperformers for the quarter in
our streets fund vehicle license, taxes and HERF both came in slightly below projections
for the quarter.
So with that, happy to answer any questions or address anything you might want to talk
about.
WATTS: Paul, thanks for the presentation. Better than expected. The $900,000 in the
hotels goal, short-term rentals -SOLDINGER: Uh-huh.
WATTS: Why? Can Amanda explain, so we can duplicate it?
SOLDINGER: So do you want -- I can touch on a little bit, and then Amanda will come. I
think people are coming to town more, you know, not just special events, more
marketing, even better output and attention for social media with what Mike Pelton is
doing, things like that.
And actually Councilmember Skillicorn asked me to work on providing more data to
economic development. We kind of went through that process and because of -- so
much of the taxpayer information is confidential, that was hard to do. But I'm sure she
can speak on it from more of a broader perspective.
WATTS: So if you're saying that, though, that you've identified those things as a root
cause of what occurred, we can expect that to continue?
SOLDINGER: Mayor, Councilmember, I think it would be challenging to have record
breaking quarters, you know, every quarter. But I think the trend is going upwards at
least the last few quarters.
And overall, one thing that we talked about in the budget process, like I said, this
category is one of the ones that was fluctuating, especially in the pandemic recovery. So
that's why we've been even more especially conservative. Like, I think we projected 1.7
million for the year. I think for fiscal year '27, it's 1.8 million or so that we projected still
being somewhat conservative.
But we've developed a baseline now, where we're bringing in well over $2 million a
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year, and that's three years straight. So I think our tourism activity is strong right now
for the town, and I'd like to see that continue.
WATTS: Thank you.
AMANDA: Good evening. Mayor. Council. Councilmember Watts. So Paul pretty much
cover it. And then you may recall back in June, instead of providing the Mayor and
Council with an economic development update, we focused on tourism, just so the
Council and public could understand that we were being intentional and strategic.
And so Paul mentioned our social media, so unexperienced Fountain Hills that is under
economic development, and we have a third-party, again, a couple of years back, thanks
to the Mayor and Council, allowed for additional funding so that we could have
someone watching, collecting data, and then making sure our messaging met the data
we were seeing in regards to visitors.
We also did a significant update, you may recall back in June, regarding our hotel page.
So previously the hotel page on Experience Fountain Hills, you went. It was a brief
description. Now it's more detailed. It talks about the accommodations. And then
there's a call to action to say book your reservation.
And so I don't have the number right in front of me, but I think we saw over an 80
percent increase. And so we're seeing what we're doing is working. And so part of that
too, is, again, over the last few years, coming to Council, requesting more marketing so
that we can -- we can target the different again, audience visitors.
What we're seeing, again, we are seeing a little bit more variety in our restaurants.
People are loving to come here with our events and then doing specific targeted
marketing with advertising. And so again, knowing that we have the international Dark
Sky Discovery Center coming in the spring of next year. We know we're a Dark Sky
community. We've been also really capitalizing on that. And there's been other stuff up
our sleeve, but we're here just for a report. We'll talk about that at another time.
But again, we hope we can duplicate this. I never want to disappoint.
WATTS: Thank you.
AMANDA: So the pressure's on.
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WATTS: Thank you for the insight and nice job.
AMANDA: You're welcome. Thank you.
MAYOR FRIEDEL: And I'll just add, you know what? Our social media has really taken
off. It's much better than it was before. We've had record numbers at our town events
as well. So that all feeds into the social media and getting the word out, as to what
we're doing.
And also internally with our public information officer, we're leaps and bounds ahead of
where we were with what he's doing for the town, as well. So good job. Thank you.
Thank you Paul.
KALIVIANAKIS: I'd like to make a motion to approve the consent agenda.
MAYOR FRIEDEL: I have a motion. Is there a second?
MCMAHON: Second.
MAYOR FRIEDEL: Town Clerk, can we get a roll call, please?
BENDER: Councilmember Larrabee.
LARRABEE: Aye.
BENDER: Councilmember McMahon.
MCMAHON: Aye.
BENDER: Councilmember Watts.
WATTS: Aye.
BENDER: Councilmember. Skillicorn.
SKILLIKORN: Yes.
BENDER: Councilmember Kalivianakis.
KALIVIANAKIS: Aye.
BENDER: Vice Mayor Earle.
EARLE: Aye.
BENDER: Mayor Friedel.
MAYOR FRIEDEL: Aye.
BENDER: Motion passes, seven to zero.
MAYOR FRIEDEL: Thank you.
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We'll move on to our regular agenda. So we have consideration of possible action
regarding Resolution 2026-21 authorizing the dissolution of the Municipal Property
Corporation.
David.
TRIMBLE: Once again, CFO Paul Soldinger will walk us through this one. It closes out the
Municipal Property Corporation, which was created in 1998 for past town capital
financings. All related debt was paid back in 2018, and the MPC board approved
dissolution last month.
So Paul, give us more details.
SOLDINGER: Yes. Thank you Dave. It's kind of interesting to see you in this position.
I'm not used to seeing you up there. So yeah, thank you for -- that was pretty much a
good summary of this.
I also have Bill DeHahn from Greenberg Traurig there representing us and helping us
close the MPC as our bond Council, special Districts Council. Any specific legal questions
that you have, I may bring him up.
But it's a relatively straightforward resolution. The MPC, the Municipal Property
Corporation is a nonprofit corporation formed in 1998, and the sole purpose was to be
used as a middleman to help the town issue pledge revenue obligations, or issue debt to
finance, really the building you're in, the community center, the library building, as well
as help the town purchase 200 acres of open space preserve land.
And so at the time, this was a common practice because of the way the Treasury
regulations worked at the time. There was a change around that time in the late '90s, to
Treasury regulations that no longer really made an MPC necessary, but governments still
continue to use them. But now you're seeing a lot of governments close them down,
because they're really more of a middle -- an unnecessary middleman in these financing
arrangements.
So MPC, all the bond debt was paid off around 2018, 2019 time frame. They're different
than the Eagle Mountain dissolution that you considered a couple of months ago. There
is no -- there's no potential liability. There are no liabilities of the MPC. In fact, the
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town already owns the buildings, and the land, and there's about $13,000 in the fund
sitting there.
And so we've been, you know, having these MPC board meetings once a year, filing
regulatory reports with the Corporation Commission. And really, number 1, there's no
need to do that anymore. We can issue a pledge revenue obligation as a town, if the
Council would choose to go down that route.
And number 2, there's been no activity, no plans to use the MPC in about seven, eight
years. So the last thing is the MPC board approved dissolution at its August 27th
meeting. And so the last step would be for the Town Council to consider resolution
2026-21 for closure of the MPC.
Me being the person that everyone knows likes to use AI, use AI to create this simple,
illustrative graphic. And all it's saying is what I just described, the MPC was kind of
necessary at the time as a middleman to help us issue tax exempt bonds.
After the Treasury regulations changed around that time, you no longer really need that
middleman. You can do it yourself at a cheaper cost and a more effective process.
So really, today we're recommending closure. And again, we have legal counsel here
available for any questions.
SKILLIKORN: Thank you, Mr. Mayor.
Motion to approve as drafted.
LARRABEE: Second.
MAYOR FRIEDEL: Are there any comment cards?
BENDER: No, Mayor.
MAYOR FRIEDEL: Okay. We have a motion and a second. Can I get a roll call, please?
BENDER: Yes.
Councilmember McMahon.
MCMAHON: Aye.
MAYOR FRIEDEL: Councilmember Watts.
WATTS: Aye.
BENDER: Councilmember Skillicorn.
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SKILLIKORN: Yes.
BENDER: Councilmember Kalivianakis.
KALIVIANAKIS: Aye.
BENDER: Councilmember Larrabee.
LARRABEE: Aye.
BENDER: Vice Mayor Earle.
EARLE: Aye.
BENDER: Mayor Friedel.
MAYOR FRIEDEL: Aye.
BENDER: Motion passes, seven to zero.
MAYOR FRIEDEL: Thank you.
We'll move on to Regular Agenda Item B, which is a public hearing. So I'm going to open
a public hearing.
This is with consideration of possible action relating to a request for a special use permit
to allow residential use of a property zoned C1 on Saguaro Boulevard.
David.
TRIMBLE: Yes, Mayor. We have John Wesley, Development Services director, to walk us
through this one. As you mentioned, special use permit to allow an apartment on the
second floor of the building, commercial building on Saguaro Boulevard. Already
contains -- includes a caretaker quarters and P and Z recommended approval.
So John will take it away from there.
WESLEY: Mayor. Council. Not too much more to add from that. It's pretty
straightforward case, but we'll step through a couple of items.
So Chapter 12, the zoning ordinance lays out all the requirements with regard to
commercial zoning districts. It mostly allows commercial uses, but does allow for
residential uses, with approval of a special use permit by the Council. And Section 202
of the zoning ordinance sets out the procedures for that.
As stated, we're dealing with property at 11669 North Saguaro Boulevard, Zone C-1.
Currently, if you're familiar with that, Pals Inn is that building, and it was constructed
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back in early 2000. The SUP was issued at that time to allow the kennel use of the
property. And the development, as from the beginning, included a watchman's
quarters, which is allowed by right with a commercial development.
But since then they've taken part of their second floor, and done some remodel work,
and made it appropriate for another residential use. So that additional apartment use
does require this special use permit. So here is the site plan of the current facility with
the parking. And this is the second floor with the existing watchman's quarters.
And then in this corner is an area that is -- has been office, but has been remodeled to
now be appropriate for a residential use. It's what will be changed if the SUP is
approved.
So the ordinance sets out certain criteria for the Planning and Zoning Commission to
look at in the review to determine if a special use permit should be approved. And this
case is, the Commission looked at these requirements in terms of the impact on
adjacent businesses, the community, the neighborhood.
They found that there really were no negative impacts. And so as has been mentioned,
the Commission has recommended approval.
Any questions for me?
EARLE: I'd like to make a motion to approve the -- to approve the special use permit,
allowing one apartment in the Commercial Zoning District at 11669 North Saguaro.
LARRABEE: Second.
WATTS: John, did you say that I understand correctly that the remodeling has already
been completed prior to the special use permit being passed?
WESLEY: Yes, that is correct.
WATTS: So they got a building permit for something that wasn't initially zoned
properly?
WESLEY: So as they labeled the permit, the areas that are shown here that can now -- if
this is approved, become bedrooms that are labeled as offices.
So as -- for the permit, as it was requested, it was appropriate. And how they really
want to use it does require this approval. If this doesn't get approved, those will be
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offices instead of bedrooms.
WATTS: But the remodeling has already been completed.
WESLEY: Yes.
WATTS: For a bedroom and an apartment.
WESLEY: For four offices, that also happens to have a little kitchenette with it.
WATTS: Okay. Thank you.
MCMAHON: Thank you. John. Excuse me.
SKILLIKORN: Thank you, Mr. Mayor.
Director Wesley, this has been mostly vacant for a few years, correct?
WESLEY: Mayor, Councilmember. I'm not sure how much the office has been used. I
know it has had some challenges with its use, but I really don't know how much it's
been.
SKILLIKORN: Okay. And Mr. Mayor, so I -- you know, I believe I've been upstairs in the
building a long time ago, and I recall it being vacant. And normally I'm not a huge fan of
going residential in situations like this. I mean, there's no other residential around
there. You know, there's other commercial.
But really the exception here is that it's been vacant. And that's where I would change
my tune. So something that's vacant, I wouldn't -- I have much less of an issue going to
residential. And there's a big distinction between something we're building brand new
that isn't vacant yet, to residential, you know, changing that zoning that's -- in that
situation because I do look at zoning as a promise.
But in a situation like this where it has been vacant, and it appears that the zoning is not
working, or the demand is not working, or whatever, that is more of a special case to
me.
So that's normally I would not support something like this, but in this case, because it
has been, you know, apparently chronically vacant, that kind of changes the tune. So I
would support this. Thank you.
MCMAHON: Thank you. I don't think this is a special case, but that's my personal
opinion. I did -- it does bother me that this person already built out this, and is now
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asking for a special use permit. It's like backwards to me.
So could you please explain a little bit more clearly what he renovated that for, what it
is, and if what he renovated -- is those -- are those offices or is it residential? And if it's
residential, is he going to live there or is it going to be rented out? Or -- a little bit more
information, please, if you don't mind.
WESLEY: Mayor, Councilmember, I won't be able to add too much more than what I
have already said, but on the building construction or remodel plans that they had for
this area, it did label these areas, and if we look real close, it may actually say that, label
these as offices.
And so it was a remodel of an office to add a kitchenette area. And then this was a big
meeting space back here in the back. If it does get approved for the special use permit,
then these offices will be used as bedrooms, and that will become a living room in what
was otherwise going to be a conference room in an office building.
MCMAHON: So is he going to convert it further? If he gets this special use permit, is
this like a pause in order to convert it further to residential, or is he just going to use
those offices as -- I mean, I'm trying to understand this.
WESLEY: Sure.
MCMAHON: Because to me, this is the first time I've seen something like this, where
he's already -- the person has already renovated and is now asking for a special use
permit. So I'm just trying to understand what we're approving -WESLEY: Right, and so -MCMAHON: -- better.
WESLEY: Okay. Mayor, Councilmember. So again, the request is to allow the office or
the residential use of this corner of this building.
To my understanding, they have done all the renovations that they plan to do. I don't
know if there's anything else left to renovate at this point. There may be, to fully make
it an apartment versus a -- an office building, but the key pieces have already been
done.
MAYOR FRIEDEL: John, I also believe I've been up in that office a couple of years ago.
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There was already a kitchenette in there, so they didn't add that without the SUP.
They're taking these two offices and they're going to convert it to a bedroom, is what it
is.
They've got a -- they've got an existing caretaker's office -- I mean apartment in the back
already. So they're just adding another apartment up there. So I don't see it as a
problem.
MCMAHON: Not a problem. I just wanted to have more information about it and
understand it. Because usually you don't see it in this order, so to speak.
WESLEY: That's correct.
MCMAHON: Yeah.
WESLEY: Usually you'd get the SUP first rather than do the investment with the hope
that it would be approved.
MAYOR FRIEDEL: Agreed.
WESLEY: Okay.
MAYOR FRIEDEL: So we have a -- are there any comment cards?
BENDER: No, there is not.
MAYOR FRIEDEL: Okay. So we have a motion and a second, I think, on the floor. Can
we get a roll call?
Oh I'm sorry. I've got to close the special meeting.
All right. Now we have a motion and a second. Can we get a roll call, please?
BENDER: Yes, Mayor.
Councilmember Skillicorn.
SKILLIKORN: Yes.
BENDER: Councilmember Larrabee.
LARRABEE: Aye.
BENDER: Councilmember McMahon.
MCMAHON: Aye.
BENDER: Councilmember Kalivianakis.
KALIVIANAKIS: Aye.
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BENDER: Councilmember Watts.
WATTS: Aye.
BENDER: Vice Mayor Earle.
EARLE: Aye.
BENDER: Mayor Friedel.
MAYOR FRIEDEL: Aye.
BENDER: Motion passes, seven to zero.
MAYOR FRIEDEL: Thank you.
We'll move on now to the call to the public. Do we have any speaker cards?
BENDER: No, we do not.
MAYOR FRIEDEL: We don't. Okay.
Then we'll move on to Council discussion or direction to the Town Manager. Does
anybody have anything?
Okay. Seeing nothing, does anybody have anything for future agenda items?
Councilman?
SKILLIKORN: Thank you, Mr. Mayor. Thank you, Mr. Mayor.
Yeah, I actually did want to make a motion, and I was going to be fairly specific if you
want to bear with me here. I wanted to make a motion to work with the Town Attorney
for an ordinance regulating automatic license plate readers.
EARLE: I'll second. Second.
LARRABEE: I'll support that as well.
EARLE: I support that, I should say.
MCMAHON: Can we even do that? Is that state?
UNIDENTIFIED SPEAKER: So I believe even the last meeting we had a request for a flock
camera ordinance. So I believe today is asking to work directly with me to write -- draft
an ordinance and bring it back for approval. Is that what I'm understanding?
SKILLIKORN: That is correct.
UNIDENTIFIED SPEAKER: Yeah. So certainly towns are perfectly -- can regulate within
their own town limits' automatic license plate readers.
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MCMAHON: I'd like to see some information on that, please, if you don't mind,
before this becomes on the agenda.
UNIDENTIFIED SPEAKER: I don't understand your question. What is it specifically you're
requesting?
MCMAHON: No. I'll send you an email. Thank you.
MAYOR FRIEDEL: Councilman?
SKILLIKORN: Thank you, Mr. Mayor. The second one I did want to work with the Town
Attorney about drafting up a -- like a Florida-style ban on Sharia law.
MCMAHON: What was that?
LARRABEE: Second.
EARLE: I would be -- are we having a discussion here? Can I -- I'll be open to a
discussion on that? I'm not quite sure what that would involve, but I'm open to
discussing it.
UNIDENTIFIED SPEAKER: So I believe that Councilmember Skillicorn had asked to go
directly to drafting an ordinance to bring for review. And so we have two that are -- that
he got one second to bring it for a drafted ordinance for review. And then -- but you -you're saying that you want to have a discussion before the ordinance?
EARLE: I would like to understand a little more about it. Is that -- that's -UNIDENTIFIED SPEAKER: (Indiscernible).
WATTS: In that light, I'd be the third.
MCMAHON: And before we spend legal time on that, I would like to have a discussion
so we can understand it better. Because I -- be honest with you, I don't know what he's
talking about, and I don't think it's appropriate to spend legal time and fees on
something without some type of discussion about this subject before we delve into it
with the ordinance. Thank you.
UNIDENTIFIED SPEAKER: Sorry. Three for what?
MCMAHON: For an ordinance.
[CROSS TALK]
WATTS: Three to write the ordinance.
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MAYOR FRIEDEL: Anything else? Anyone?
Okay. Can I get a motion and a second for adjournment?
LARRABEE: So moved.
EARLE: Second.
MAYOR FRIEDEL: All in favor?
WATTS: Aye.
MAYOR FRIEDEL: Thank you.

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Having no further business, Mayor Gerry Friedel adjourned the regular meeting of the
Town Council at 6:40 p.m.

APPROVED:
____________________________________
GERRY FRIEDEL, MAYOR
ATTEST:
____________________________________
ANGELA PADGETT-ESPIRITU, DEPUTY TOWN CLERK

CERTIFICATION
I HEREBY CERTIFY THAT THE FOREGOING MINUTES ARE A TRUE AND CORRECT COPY OF
THE MINUTES OF THE REGULAR TOWN COUNCIL MEETING OF THE TOWN COUNCIL,
FOUNTAIN HILLS, ARIZONA HELD ON SEPTEMBER 15, 2026. I FURTHER CERTIFY THAT
THE MEETING WAS DULY CALLED AND HELD AND THAT A QUORUM WAS PRESENT.

________________________________
ANGELA PADGETT-ESPIRITU, DEPUTY TOWN CLERK

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ITEM 8.b.

TOWN OF FOUNTAIN HILLS
STAFF REPORT
Meeting Date:
10/20/2026
Meeting Type:
Town Council Regular Meeting
Submitting Department: Administration / Finance
Prepared by:
Michael Stelpstra, Accountant
Staff Contact Information: Phone: 480-816-5165
Email: [email protected]
Request to Town Council Regular Meeting (Agenda Language)
CONSIDERATION AND POSSIBLE ACTION: Approving Council recommending for
approval, to the Arizona Department of Liquor Licenses and Control, the application for the
Acquisition of Control of the Series 10 - Beer and Wine Store License for Walgreens #06060,
located at 16415 E Palisades Blvd, Fountain Hills, Arizona 85268.
Staff Summary (background)
The purpose of this item is to obtain the Town Council’s recommendation (approval,
disapproval, or no recommendation) regarding an Acquisition of Control Liquor License
application for a Series 10 Beer and Wine Store License submitted by Andrea Lewkowitz,
agent of Walgreens #06060, for submission to the Arizona Department of Liquor Licenses
and Control. This license is one of approximately 200 licenses included in the Acquisition of
Control application for Walgreens locations throughout Arizona. Staff reviewed the liquor
license application and found that it is in full compliance with Town Ordinances.
Related Ordinance, Policy or Guiding Principle
A.R.S. §4-201; 4-202; 4-203; 4-205 and R19-1-102.
Risk Analysis
N/A
Recommendation(s) by Board(s) or Commission(s)
N/A
Staff Recommendation(s)
Staff recommends the Council recommend approval of the liquor license application to the
Arizona Department of Liquor Licenses and Control.
Suggested Motion
Move to approve the Council’s recommendation for approval to the Arizona Department of
Liquor Licenses and Control regarding the Acquisition of Control application for a Series 10
Beer and Wine Store License for Andrea Lewkowitz, agent of Walgreens #06060.
FISCAL IMPACT
Fiscal Impact: N/A
Budget Reference: N/A
Funding Source: N/A
ATTACHMENTS
1.
Local Governing Body Report #408077

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ITEM 8.c.

TOWN OF FOUNTAIN HILLS
STAFF REPORT
Meeting Date:
10/20/2026
Meeting Type:
Town Council Regular Meeting
Submitting Department: Administration / Economic Development & Tourism
Prepared by:
Amanda Jacobs, Economic Development Director
Staff Contact Information: Phone: 480-816-5104
Email: [email protected]
Request to Town Council Regular Meeting (Agenda Language)
CONSIDERATION AND POSSIBLE ACTION: Approving Resolution 2026-25, an
Intergovernmental Agreement with Salt River Pima-Maricopa Indian Community for receipt
of Proposition 202 Funding for the Town of Fountain Hills annual Music Fest.
Staff Summary (background)
Proposition 202 (Gaming Compact with the State of Arizona) was a ballot measure passed by
Arizona voters in the 2002 state general election and codified in ARS 5-601.02. This
legislation allows for distribution of funds to cities, towns and counties for their programs
from Arizona Indian Tribes for government services that benefit the general public, including
public safety, mitigation of the impacts of gaming, and the promotion of commerce and
economic development. The Gaming Compact permits the Nation to allocate 12% of the fees
it pays to the State to cities, towns and counties in the State of Arizona. Many non-profit
organizations also request Proposition 202 funding as "pass through dollars" from cities,
towns, and counties to support programs within their communities.
The Salt River Pima-Maricopa Indian Community (SRPMIC) grant program is by invitationonly. SRPMIC invited the Town to apply and is awarding Fountain Hills $50,000 for the
annual Music Fest.
Related Ordinance, Policy or Guiding Principle
2022 Town of Fountain Hills Strategic Plan Priorities: Targeted Collaborative Economic
Development and Promote the Long-Term Financial Sustainability of Town Infrastructure,
Environmental and Social Resources; Section 12 of the Gaming Compact 2002 and A.R.S. 5601.02; Fountain Hills Resolution 2025-06.
Risk Analysis
If the intergovernmental agreement is not approved, the Town will not receive $50,000
towards the 2027 Music Festival.
Recommendation(s) by Board(s) or Commission(s)
N/A
Staff Recommendation(s)
Staff recommends approval of the IGA.
Suggested Motion
MOVE TO Approve Resolution 2026-25.
FISCAL IMPACT
Fiscal Impact: $50,000 in grant funding towards the annual Music Fest.
Budget Reference: FY2027
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Funding Source: Tourism Fund
ATTACHMENTS
1.
Resolution 2026-25 IGA Between Town and SRPMIC
2.
12percent_cy2027_IGA_FountainHills FINAL

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RESOLUTION NO. 2026-25
A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF
FOUNTAIN HILLS, ARIZONA, APPROVING THE INTERGOVERNMENTAL
AGREEMENT WITH SALT RIVER PIMA-MARICOPA INDIAN COMMUNITY,
ARIZONA RELATING TO PAYMENT OF REGULATORY COSTS AND THE
STATE OF ARIZONA GAMING COMPACT
WHEREAS, The Intergovernmental Agreement (“IGA”) between the Town of Fountain Hills (the
"Town") and Salt River Pima-Maricopa Indian Community (“SRPMIC”) relating the Proposition
202 funding distribution of $50,000 for the Music Fest (the “Agreement”) is hereby approved in
substantially the form and substance attached hereto as Exhibit A and incorporated herein by
reference.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF
FOUNTAIN HILLS, ARIZONA, as follows:
SECTION 1. The recital above is hereby incorporated as if fully set forth herein.
SECTION 2. The Town hereby authorizes the acceptance of funds.
SECTION 3. The Mayor, the Town Manager, the Town Clerk, and the Town Attorney are hereby
authorized and directed to cause the execution of the grant funding and to take all steps necessary
to carry out the purpose and intent of this Resolution.
PASSED AND ADOPTED by the Mayor and Council of the Town of Fountain Hills, Arizona,
this 20th day of October 2026.
FOR THE TOWN OF FOUNTAIN HILLS:

ATTESTED TO:

Mayor

Town Clerk

REVIEWED BY:

APPROVED AS TO FORM:

Town Manager

Town Attorney

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EXHIBIT A
TO
RESOLUTION NO. 2026-25
IGA Between Town and SRPMIC
See following pages

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INTERGOVERNMENTAL AGREEMENT
BETWEEN
THE SALT RIVER PIMA MARICOPA INDIAN COMMUNITY
AND
THE TOWN OF FOUNTAIN HILLS
This Intergovernmental Agreement (“Agreement) is entered into by and between
the Salt River Pima-Maricopa Indian Community (“SRPMIC”), a Federally-Recognized
Indian Tribe, and the Town of Fountain Hills (the “Town”), pursuant to Section 12
Payment of Regulatory Costs; Tribal Contributions (“Section 12”) of the SRPMIC and
State of Arizona Gaming Compact 2002 (“Compact”), as Amended and Restated in 2021,
and Article VII, § 1(h) of the SRPMIC Constitution and A.R.S. §5-601.02.
1.

RECITALS
The SRPMIC and the Town may enter into an agreement with one another for the
distribution of a portion of 12% of the SRPMIC annual contribution (“Contribution”)
under Section 12 of the Compact to cities, towns, or counties that benefit the general
public or promote commerce and economic development pursuant to A.R.S. §5601.02.

2.

The SRPMIC is authorized by Article VII, Section 1(h) of the Constitution of
SRPMIC to consult, negotiate, contract and conclude and perform agreements with
Federal, state, local governments and Indian Tribes, as well as any person, association,
partnership, corporation, government or other private entity.

3.

The Town is authorized by A.R.S. § 11-951 through § 11-954 to enter into
intergovernmental agreements with other governmental agencies including Indian
Tribes.

4.

The SRPMIC desires to convey to the Town a portion of its annual 12% local revenuesharing contribution (“Contribution”) required to be paid to local governments.

NOW THEREFORE, in consideration of the foregoing recitals, which are
incorporated herein, and the covenants and promises set forth below, the SRPMIC and the
Town hereby mutually agree as follows:
AGREEMENT
1.

Purpose. The purpose of this Agreement is to set forth the rights and
responsibilities of the parties with respect to the payment and distribution of the
Contribution(s), as hereinafter defined.

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2.

Contribution:
$ 50,000.00

3.

4.

Payment and Use of Funds.
a.

Use of Funds for Purposes Other Than to Fulfill Agreement. The Town
shall use the Contribution only for the express purpose contained herein.

b.

Inspection and Audit. To ensure compliance with this Agreement, the
SRPMIC hereby reserves the right to inspect any and all records maintained
by the Town with respect to this transaction upon seven (7) days prior,
written notice to the Town. The Town shall allow the SRPMIC reasonable
access to the records pertaining thereto. This section shall survive
termination, cancellation, or revocations, whether whole or in part, of this
Agreement for a period of one (1) year following the date of such
termination, cancellation, or revocation.

Management of the Project.
a.

5.

to the Town of Fountain Hills for a tourism collaboration in support
of the annual “Music Fest” event.

Use of Contributions and Recordkeeping. The Town shall have
responsibility for disbursing the Contributions to the recipients in amounts
consistent with this Agreement. Within a reasonable time following receipt
of the Contributions from the SRPMIC, the Town shall use the
Contributions in accordance with applicable Town policies and procedures
governing the use of funds. The Town shall keep and maintain records
relating to this Agreement.

Notices. Any notice, communication or modification shall be given in writing and
shall be given by registered or certified mail or in person to the following
individuals. The date of receipt of such notices shall be the date the notice shall be
deemed to have been given.
For the SRPMIC:
Martin Harvier, President
Salt River Pima Maricopa Indian Community
10005 E. Osborn Road
Scottsdale, Arizona 85256
For the Town of Fountain Hills:
Rachael Goodwin, Town Manager
Town of Fountain Hills
16705 East Avenue of the Fountains
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Fountain Hills, Arizona 85268
6.

Transactional Conflict of Interest. All parties hereto acknowledge that this
Agreement is subject to cancellation by the Town pursuant to the provisions of
Section 38-511, Arizona Revised Statutes.

7.

Term and Termination of Agreement.

8.

a.

Effective Date. This Agreement shall be effective on the date it is signed
by the SRPMIC authorized representative.

b.

Term. This Agreement shall commence upon the Effective Date and shall
terminate when the Contribution has been received and fully used by the
Town, as specified in Section 2 of this Agreement.

c.

Termination: The SRPMIC may terminate this Agreement with or without
cause at any time by providing the Town five (5) days advance notice in
writing. In the event the SRPMIC terminates this Agreement after the
Town receives the Contribution but before the Town has disbursed the
Contribution to the recipients, the SRPMIC shall include in the notice of
termination specific instructions regarding disposition of the Contribution.

Indemnification.
a.

Indemnification. Each party (as “Indemnitor”) shall indemnify, defend,
and hold harmless the other party (as “Indemnitee”), its governing body,
officers, departments, employees and agents from and against any and all
suits, actions, legal or administrative proceedings, claims, demands, liens,
losses, fines or penalties, damages, liability, interest, attorneys, consultants
and accountant fees or costs and expenses of whatsoever kind and nature
(collectively referred to as “Claims”), but only to the extent that such
Claims which result in vicarious/derivative liability to the Indemnitee
resulting from or arising out of the negligence or willful misconduct of the
Indemnitor’s employees or agents in performing the duties set forth in this
Agreement.

b.

Severability. This section shall survive termination, cancellation, or
revocation whether whole or in part, of this Agreement for a period of one
(1) year from the date of such termination, cancellation or revocation
unless a timely claim is filed under A.R.S. § 12-821.01, in which case this
paragraph shall remain in effect for each claim and/or lawsuit filed
thereafter, but in no event shall this paragraph survive more than five (5)
years from the date of termination, cancellation or revocation of this
Agreement.
Page 3 of 6
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9.

10.

Interpretation of Agreement.
a.

Entire Agreement. This Agreement constitutes the entire agreement
between the parties pertaining to the subject matter contained herein, and
all prior or contemporaneous agreements and understandings, oral or
written, are hereby superseded and merged herein.

b.

Amendment. This Agreement shall not be modified, amended, altered, or
changed except by written agreement signed by both parties.

c.

Construction and Interpretation. All provisions of this Agreement shall be
construed to be consistent with the intention of the parties as expressed in
the recitals contained herein.

d.

Relationship of the Parties. Neither party shall be deemed to be an
employee or agent of the other party to this Agreement.

e.

Days. Days shall mean calendar days.

f.

Severability. In the event that any provisions of this Agreement or the
application thereof is declared invalid or void by statute or judicial
decision, such action shall have no effect on other provisions and their
application which can be given effect without the invalid or void provision
or application, and to this extent the provisions of the Agreement are
severable. In the event that any provision of this Agreement is declared
invalid or void, each party agrees to meet promptly upon request of the
other party in an attempt to reach an agreement on a substitute provision.

Non-Waiver of Sovereign Immunity. Nothing in this Intergovernmental
Agreement shall be construed to waive the Sovereign Immunity of the SRPMIC.

IN WITNESS WHEREOF, the Town has caused this Intergovernmental
Agreement to be approved by the Town Council, executed by its Mayor and attested to
by its Town Clerk, pursuant to the above stated powers and authority, and the SRPMIC
has caused this Intergovernmental Agreement to be executed by the SRPMIC Council
and attested to by its President.
This Agreement is effective upon signature of a duly appointed representative of
the Salt River Pima-Maricopa Indian Community.

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IN WITNESS WHEREOF, the Parties have executed this Agreement.
SALT RIVER
PIMA-MARICOPA INDIAN COMMUNITY,
A Federally Recognized Indian Tribe:

TOWN OF FOUNTAIN HILLS,
an Arizona Municipal Corporation:

By:______________________________

By:___________________________

Name:_Martin Harvier

Name:

________

Its: President_________________________

Its: Mayor

Date:

Date:
ATTEST:
______________________________
[Insert name, title]

Page 5 of 6
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APPROVAL OF SRPMIC ATTORNEY
The undersigned attorney acknowledges that s/he has reviewed the above
Agreement on behalf of the Salt River Pima-Maricopa Indian Community, and has
determined that this Agreement is in proper form and that execution hereof is within the
powers and authority granted under the Constitution of the Salt River Pima-Maricopa
Indian Community, Article VII, §1(h). This acknowledgement shall not constitute nor be
construed as a waiver of the Sovereign Immunity of the Salt River Pima-Maricopa Indian
Community.
________________________________
General Counsel

______________________
Date

APPROVAL OF TOWN ATTORNEY
In accordance with the requirements of A.R.S. § 11-952(D), the undersigned
attorney acknowledges that (i) s/he has reviewed the above Agreement on behalf of the
Town of Fountain Hills and (ii) as to the Town of Fountain Hills only, has determined that
this Agreement is in proper form and that execution hereof is within the powers and
authority granted under the laws of the State of Arizona.

By: _______________________________
Town Attorney

_______________________
Date

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ITEM 8.d.

TOWN OF FOUNTAIN HILLS
STAFF REPORT
Meeting Date:
10/20/2026
Meeting Type:
Town Council Regular Meeting
Submitting Department: Fire Department
Prepared by:
Dave Ott, Fire Chief
Staff Contact Information: Phone: 480-816-5280
Email: [email protected]
Request to Town Council Regular Meeting (Agenda Language)
CONSIDERATION AND POSSIBLE ACTION: Approving Resolution 2026-23 IGA with
the City of Mesa for Fleet Services for the Fire Department.
Staff Summary (background)
FHFD currently uses two vendors to service our apparatus (fire trucks and the ladder),
Velocity Truck Centers (VTC) in Tolleson and Fire Truck Solutions (FTS) in Phoenix.
Although the service from both of the vendors is great, the IGA with the City of Mesa Fleet
Services will provide another layer of excellent service options for us. The per hour labor
charge for Mesa will be approximately $111 per hour. VTC is $189 per hour and FTS is
$$160. The IGA will also allow us access to loaner apparatus if needed. Our current vendors
are not able to provide this service.
Related Ordinance, Policy or Guiding Principle
N/A
Risk Analysis
N/A
Recommendation(s) by Board(s) or Commission(s)
N/A
Staff Recommendation(s)
Staff Recommends Approval of Resolution 2026-23 IGA with the City Mesa for Fleet
Services.
Suggested Motion
MOVE TO APPROVE Resolution 2026-23 IGA with the City of Mesa for Fleet Services
for the Fire Department.
FISCAL IMPACT
Fiscal Impact: The use of the City of Mesa Fleet will reduce travel time and distance saving on
wear and tear and fuel costs. The hourly rate is approximately $50-$80 less than our other fleet
services vendors and we hope this will reflect in lower maintenance costs.
Budget Reference: N/A
Funding Source: Operating Budget FDOP 6240
ATTACHMENTS
1.
Res. 2026-23 - Mesa Fleet Services with IGA

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RESOLUTION NO. 2026-23
A RESOLUTION OF THE MAYOR AND TOWN COUNCIL OF
FOUNTAIN HILLS, MARICOPA COUNTY, ARIZONA, APPROVING
AN INTERGOVERNMENTAL AGREEMENT WITH THE CITY OF
MESA RELATING TO FLEET SERVICES FOR FIRE APPARATUS.
WHEREAS the Town desires to coordinate with the City of Mesa, a
political subdivision of the State of Arizona, to assure fleet services; and
WHEREAS the Town desires to have a loaner fire engine when the need
arises.
BE IT RESOLVED BY THE MAYOR AND TOWN COUNCIL OF THE
TOWN OF FOUNTAIN HILLS as follows:
SECTION 1. That the Town, through its Mayor and Council, hereby approves the
Intergovernmental Agreement (the "Agreement"), in substantially the form
attached hereto as Exhibit A.

SECTION 2. The Mayor, the Town Manager, the Town Clerk and the Town Attorney
are hereby authorized and directed to cause the execution of the Agreement
and to take all steps necessary to carry out the purpose and intent of this
Resolution.
PASSED AND ADOPTED by the Mayor and Council of the Town of Fountain
Hills, Maricopa County, Arizona, this 20th day of October, 2026.

FOR THE TOWN OF FOUNTAIN HILLS:

ATTESTED TO:

____________________________
Mayor

__________________________
Town Clerk

REVIEWED BY:

APPROVED AS TO FORM:

_______________________________
Town Manager

_____________________________
Town Attorney

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EXHIBIT A
Intergovernmental Agreement
City of Mesa

Meeting Packet Page 74 of 301

INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY OF MESA
AND TOWN OF FOUNTAIN HILLS
RELATING TO
FIRE APPARATUS MAINTENANCE AND REPAIR SERVICES
This intergovernmental agreement (“Agreement”) is entered into this ______ day of
_______________________, 20_____, between the City of Mesa, an Arizona municipal
corporation (“Mesa”), and the Town of Fountain Hills (“Fountain Hills”) (collectively referred
to herein as “the Parties” or individually as a “Party”).
RECITALS:
WHEREAS Arizona Revised Statutes, sections 11-951 et seq., authorizes the Parties to
enter into an intergovernmental agreement for services; and
WHEREAS the Parties are authorized by law to provide fire and emergency medical
services; and
WHEREAS the Mesa Fire and Medical Department has a Fleet Maintenance Division
that provides preventive maintenance and repair services on all Fire Department vehicles and
apparatus; and
WHEREAS the Town of Fountain Hills desires to have Mesa provide preventive
maintenance and repair services on its fire apparatus; and
WHEREAS the Parties have determined that it is mutually beneficial for the Mesa Fire
and Medical Department to provide fire apparatus maintenance and repair services on Town
of Fountain Hills fire vehicles/apparatus.
NOW THEREFORE, in consideration of the mutual promises, covenants and
agreements contained in this Agreement, the Parties agree as follows:
SECTION 1 – TERM, TERMINATION
1.1

Term. This Agreement shall commence on ____________________, 20___ and shall
continue until ________________, 20 ____, unless sooner terminated or renewed
pursuant to the provisions of this agreement.
Renewal. This Agreement may be renewed two times following re-negotiation of the
terms and conditions of the Agreement. If either Party desires to renew this
Agreement, it must give the other Party ninety (90) days’ notice before the expiration
of the then-current term of the Agreement. A renewal term shall not exceed one (1)
year.

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1.2

Termination on Notice. Either Party may terminate this Agreement for any or no
reason by providing at least sixty (60) days’ written notice to the non-terminating
party of the intention to terminate. Termination shall be effective sixty (60) days after
the effective date of service of the notice.

1.3

Termination for Cause. In the event of a material breach of any of the provisions of
this Agreement, the non-breaching party may terminate this Agreement by delivering
written notice to the breaching party specifically stating the nature of the breach.
Upon being served with such notice, the breaching party shall have sixty (60) days
from the date of the notice in which to cure said breach. If said breach has not been
cured within this sixty (60) days’ time period, this Agreement shall be deemed
terminated. During the cure period, the non-breaching party may suspend
performance under this Agreement without penalty.

1.4

Termination for Non-appropriation. Mesa is a governmental agency that relies upon
the appropriation of funds by its governing body to satisfy its obligations. If Mesa
reasonably determines that it does not have funds to meet its obligations under the
Agreement, Mesa will have the right to terminate the Agreement without penalty on
the last day of the fiscal period for which funds were legally available. In the event of
such termination, the City will provide written notice of its intent to terminate thirty
(30) calendar days prior to the stated termination.

SECTION 2 – SCOPE OF WORK AND COMPENSATION
2.1

Mesa’s Responsibilities and Obligations:
a.

For the term of this Agreement, Mesa shall provide full maintenance and repair
services that meet manufacturer maintenance schedules and the applicable
National Fire Protection Association fire apparatus guidelines for Fountain Hills
fire apparatus as needed on a 24-hour basis, seven (7) days per week.

b.

All maintenance and repair services shall be performed by Emergency Vehicle
Technician (EVT) certified technicians.

c.

Routine preventative maintenance and major repairs for Fountain Hills fire
apparatus will be performed by Mesa at the Mesa Fire Department Fire
Maintenance Facility located at 708 W. Baseline Road, Mesa, Arizona, 85210.

d.

Mesa shall provide emergency maintenance services at a Fountain Hills facility
in the event a Fountain Hills fire apparatus is not drivable and thus cannot be
delivered to the Mesa Fire Maintenance shop.

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2.2

e.

In providing maintenance services for Fountain Hills fire apparatus, Mesa shall
not obtain assistance from an outside source without the prior written consent
of Fountain Hills if the cost of such assistance exceeds ten thousand dollars
($10,000.00).

f.

Mesa will loan fire apparatus to Fountain Hills upon request at the
compensation rate set forth in Section 2.2b (vi) if Mesa has such apparatus
available.

g.

Mesa shall maintain records on all repairs made by Mesa to Fountain Hills fire
apparatus on a computerized record keeping system and shall provide
Fountain Hills with monthly summaries of the repairs on request.

h.

Mesa shall provide workers compensation coverage, under Mesa’s self-insured
policy, for all Mesa employees performing services under this Agreement.

i.

Mesa shall submit an invoice to Fountain Hills on a quarterly basis reflecting the
compensation owed by Fountain Hills, which amount shall be calculated
pursuant to the provisions set out in Section 2.2.

Town of Fountain Hills Responsibilities and Obligations:
a.

Fountain Hills shall both deliver to, and pick up from the Fire Maintenance
shop, located at 708 W. Baseline Road, Mesa, Arizona, 85210, all fire apparatus
needing or having received maintenance or repairs.

b.

Compensation to be paid by Fountain Hills to Mesa under this Agreement shall
be calculated as follows:

{00211259.1}

(i)

Fountain Hills shall pay a labor rate of $110.23 per hour for
maintenance services performed between the hours of 5:00 am
and 3:30 p.m., Monday through Friday; and

(ii)

Fountain Hills shall pay a labor rate of $123.58 per hour for
maintenance services performed outside of the “business
hours” stated in Section 2.2b (i); and on holidays observed by
Mesa.

(iii)

In addition to the hourly labor rates stated in Sections 2.2b (i)
and 2.2b (ii), Fountain Hills agrees to pay for all parts and
materials utilized in the maintenance and repair of Fountain Hills
fire apparatus. The cost to Fountain Hills for such parts and
3
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materials shall be the same as Mesa’s cost, plus a ten percent
(10%) handling fee; and

c.

(iv)

Fountain Hills agrees to pay for costs incurred in the event that
Mesa obtains maintenance assistance from an outside source as
provided in Section 2.1e. The cost for such outside maintenance
assistance shall be Mesa’s cost plus a ten percent (10%) handling
fee with a cap of ten thousand dollars ($10,000.00), absent prior
approval from Fountain Hills for any amount exceeding the cap;
and

(v)

Fountain Hills does not deliver and/or pick up fire apparatus
needing or receiving maintenance or repairs as required under
Section 2.2a, then Fountain Hills shall reimburse Mesa for any
costs incurred by Mesa in delivering or returning Fountain Hills
fire apparatus; and

(vi)

Fountain Hills shall pay Mesa five hundred dollars ($500.00) per
day for the rental of apparatus as specified in Section 2.1f. The
rented apparatus shall be returned to Mesa cleaned and fully
fueled.

(vii)

The compensation described in Section 2.2b(i) and 2.2b(ii), may
be adjusted up to 8% on __________ of each year of the contract
term.

Within forty-five (45) days after receiving an invoice(s), Fountain Hills shall pay
Mesa all compensation due and owing as determined pursuant Section 2.2b.

SECTION 3 – INDEMNIFICATION AND LIMITATION OF LIABILITY; INSURANCE
3.1

Fountain Hills shall defend, indemnify, and hold harmless Mesa, its officers, agents,
employees, elected and appointed officials, and volunteers, from and against all
actions, lawsuits, losses and expenses (including court costs, expenses for litigation,
and reasonable attorney fees), damages, claims, or other liabilities of any kind
(“Liability”) resulting from or arising out of this Agreement and/or Mesa’s performance
hereunder (including, without limitation, Liability on account of any injury, sickness,
disease, or death of any person or damage, destruction, or loss of any property). The
obligations of the foregoing indemnification provision shall not apply in the event that
any such Liability is found to have resulted from the negligence or intentional
misconduct of Mesa.

3.2

Fountain Hills shall obtain and maintain at its expense throughout the Term of this
Agreement, at a minimum, commercial general liability insurance in amounts not less

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than $3 million per occurrence and $5 million in the aggregate for bodily injury,
personal injury, and products and completed operations with broad form contractual
and property damage coverage. Fountain Hills shall also obtain and maintain at its
expense through the Term of this Agreement automobile liability insurance for bodily
injury and property damage with a limit of $1 million per occurrence, including owned,
hired and non-owned autos. Fountain Hills shall also cause their annual automobile
insurance policy to be endorsed to be the primary coverage on any and all Mesa
vehicles/apparatus whenever those vehicles/apparatus are loaned to Fountain Hills as
set forth in Section 2.1f. Failure to produce sufficient evidence of the endorsement on
an annual basis shall be considered a breach of this Agreement and must be remedied
before any further vehicles loans can continue. The intent of this provision is that any
coverage that Mesa may carry on its vehicles shall be secondary to and noncontributory to Fountain Hills coverage during the loan period when the substitute
vehicles are under Fountain Hills control.
Nothing in Section 3.2 shall limit Fountain Hills responsibility to Mesa. The insurance
requirements herein are minimum requirements for the Agreement and in no way limit
the indemnity promise contained in Section 3.1 of this Agreement.
Mesa does not warrant that the minimum limits contained herein are sufficient to
protect Fountain Hills from liabilities that might arise out this Agreement Fountain Hills
is encouraged to purchase additional insurance as it deems necessary.
Each insurance policy required under this Agreement must be in effect at or prior to
the execution of the Agreement and remain in effect for the Term of the Agreement.
Prior to the execution of the Agreement, Fountain Hills will provide Mesa with a
Certificate of Insurance (using an appropriate “ACORD” or equivalent certificate)
signed by the insurer with applicable endorsements. Mesa reserves the right to
request additional copies of any or all of the policies, endorsements or notices relating
thereto under the Agreement.
When Mesa requires a Certificate of Insurance to be furnished, Fountain Hills insurance
is primary of all other sources available. When Mesa is a certificate holder or additional
insured Fountain Hills agrees no policy will expire, be canceled, or be materially
changed to affect the coverage available without advance written notice to the City.
The policies required by this Agreement must contain a waiver of transfer of rights of
recovery (waiver of subrogation) against Mesa, its agents, representatives, officials,
volunteers, officers, elected and appointed officials, and employees for any claims
arising out of the performance of services under this Agreement.
All insurance certificates and applicable endorsements are subject to review and
approval by Mesa’s Risk Management Division.
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SECTION 4 - MISCELLANEOUS
4.1

Funding. Each party to this agreement shall have the separate and independent
responsibility of budgeting for and funding its own participation in this Agreement.

4.2

A.R.S. §38-511. This Agreement may be cancelled in accordance with Arizona Revised
Statutes §38-511.

4.3

Entire Agreement. This Agreement constitutes the entire agreement between
Fountain Hills and Mesa with respect to the subject matter hereof. This Agreement
further supersedes all other oral and written representations, understandings, or
agreements relating to the subject matter hereof.

4.4

Amendments. This Agreement may be modified only by a written amendment signed
by both parties. However, if mutually agreed, the parties may enter into specific
supplemental written agreements, subject to appropriate approvals, to accomplish
the goals of this Agreement and to carry out its terms and conditions.

4.5

Assignment. Neither party shall assign or otherwise transfer this Agreement, in whole
or in part, without the prior written consent of the other party. Any such assignment
or other transfer, either voluntary or by operation of law, shall be void.

4.6

Waiver. The parties agree that no waiver of any default or breach of any of the terms
or conditions of this Agreement shall be construed to be a waiver of any succeeding
breach or default.

4.7

Governing Law. This Agreement shall be governed by the laws of Arizona.

4.8

Severability. If any term, covenant, condition, or provision of this Agreement is held by
a court of competent jurisdiction to be invalid, void or unenforceable, the remainder of
this Agreement shall remain in full force and effect and shall in no way be affected,
impaired, or invalidated.

4.9

No Partnership. Nothing contained in this Agreement shall create any partnership,
joint venture or other arrangement between the parties. Except as specifically
provided hereunder, each party shall at all times be an independent operator and shall
not at any time purport to act as an agent of any other party, or any of its officers or
agents.

4.10

Force Majeure. Either party shall be excused for delay or failure to perform its
obligations under this Agreement, in whole or in part, when and to the extent that
such delay or failure is a result of causes beyond the control and without the fault or
negligence of the party unable to perform. Such causes include, without limitation,

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acts of God, acts of the public enemy, acts of the United States government, fires,
floods, epidemics, quarantine restrictions or embargoes.
IN WITNESS WHEREOF, the Parties have executed this Agreement on the date and
year first written above.
CITY OF MESA
A Municipal Corporation

TOWN OF FOUNTAIN HILLS

__________________________
Scott Butler
City Manager

____________________________
Rachael Goodwin
Town Manager

ATTEST:
____________________________
City Clerk

_____________________________
Town Clerk

In accordance with A.R.S. §_________, this Agreement has been reviewed by the undersigned
attorneys who have determined that it is in proper form and within the power and authority
granted under the laws of the State of Arizona to the respective public entities they
represent.

_____________________________
Mesa City Attorney

_____________________________
Town of Fountain Hills Attorney

_____________________________
Date

_____________________________
Date

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ITEM 9.a.

TOWN OF FOUNTAIN HILLS
STAFF REPORT
Meeting Date:
10/20/2026
Meeting Type:
Town Council Regular Meeting
Submitting Department: Development Services
Prepared by:
John Wesley, Development Services Director
Staff Contact Information: Phone: 480-816-5138
Email: [email protected]
Request to Town Council Regular Meeting (Agenda Language)
PUBLIC HEARING, with CONSIDERATION AND POSSIBLE ACTION: Relating to
Ordinance 26-12 repealing and replacing Zoning Ordinance Chapter 17, Wireless
Telecommunication Towers and Antennas.
Staff Summary (background)
In their January 2025 meeting, the Town Council directed staff to work with the Planning and
Zoning Commission to update all the Town's ordinances and other regulatory documents
regarding wireless telecommunications towers and antennas. To help complete this project,
with direction from the Town Council, staff entered into a contract with McCollough Law
Firm PC to assist staff in the drafting of the updates to the ordinances and associated
documents. This firm was selected based on their expertise in this field of law and their
responsiveness to working with staff to complete this project in a timely manner.
This project involved reviewing and making recommendations for changes to Chapter 17 of
the Zoning Ordinance and Articles 16-2 and 16-3 of the Town Code along with the associated
documents for small cell facilities in the Town rights-of-way. The Planning and Zoning
Commission held a work session on July 28 to review the draft ordinances to amend Chapter
17 and Articles 16-2 and 16-3. Based on the input received at that meeting, the consultant
and staff prepared a final draft ordinance amending Zoning Ordinance Chapter 17 for
consideration at a public hearing of the Planning and Zoning Commission on September 14,
2026. The ordinance provided to the Commission for their public hearing included responses
to comments made by the Commission at their work session as well as addressing comments
received from the public following the work session.
The consultant and staff have worked to revise Chapter 17 to provide the maximum
protection for the town while also complying with legal requirements and providing
reasonable means to have adequate wireless communication coverage throughout the Town.
Overarching purposes of the update were to:
•Preserve local authority to the fullest extent allowed by federal and Arizona law
•Protect Fountain Hills' desert character, scenic views, historic resources, residential
properties, and neighborhoods
•Implement comprehensive permit application requirements and review procedures
•Improve transparency, accountability, and defensibility of permitting decisions
At the public hearing on September 14, the public and Commissioners expressed strong
support for the revised ordinance. Through the discussion, a few additional recommendations
were made for inclusion in the ordinance. Those changes have been made and are reflected in
Meeting Packet Page 82 of 301

the attached ordinance.
Attached are two copies of the final draft ordinance. One is a strike-through version of
Chapter 17 as presented to the Commission at the public hearing with the changes made based
on the recommendation of the Commission and the second version is a clean copy of the
ordinance with all the new changes accepted. Also attached is a copy of the strikethrough
version of the draft ordinance presented at the July work session. This version provides a
review of the changes made to the current Chapter 17.
This report provides an overview of the final draft ordinance, including changes made in
response to the stipulations included in the motion for approval by the Planning and Zoning
Commission.
Section 17.01 Purpose, Intent, and Applicability
The list of purposes for the ordinance has been expanded to a more comprehensive
description of the goals for the ordinance. The intent provisions have been expanded to more
fully capture the intent to comply with Federal Communication Commission rules while
protecting the Town's natural and cultural resources. This section now expressly states the
requirement to comply with radiofrequency exposure guidelines. The applicability section
now has a statement that clearly requires existing towers and antennas to comply with the new
regulations when they are modified in any manner.
Section 17.02 Definitions
Over 80 new definitions were added to clarify important legal and technical terms.
Two changes made in this section in response to the stipulations of the Planning and Zoning
Commission were:
• add a definition "Mobile or temporary tower" to help address the comments on
temporary towers; and
• a change to "Pre-existing towers and pre-existing antennas" to address a concern
regarding the potential there are existing towers that the Town may not have
documented permits for.

Section 17.03 Requirements
This section of the ordinance sets out the basic requirements to be followed when making an
application for new towers or upgrading existing towers and antennas.
Much of Section 17.03 A, General Requirements, has remained unchanged from what was
reviewed by the Planning and Zoning Commission. There are, however, a few significant
additions to this section compared to the existing ordinance. Those changes include:
• Section 17.03 A 3 e i. Removed the language regarding certain types of designs that
could be used to camouflage a tower and antennas. The concern was that by stating
specific types of camouflage, applicants would design to those choices rather than
provide a more site-specific solution.
• Section 17.03 A 3 h i. Removed the last sentence regarding using additional palm
trees to help screen a tower. This was removed as a companion to the change in A 3 e
i regarding specific design solutions. Additional trees may still be required, but it is
not limited to palm trees.
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• To address the topic of facilities that are data only, added Section 17.03 A 3. j.
Data-Only and Information Service Facilities. To the maximum extent permitted by
federal and state law, any wireless facility used exclusively for the provision of an
information service, data collection, telemetry, machine-to-machine communication,
sensing, monitoring, or another service that does not constitute a personal wireless service
under 47 U.S.C. ss 332(c)(7)(C) or a telecommunications service protected by 47 U.S.C. ss
253 shall be installed underground or flush with grad, including its antenna, antenna
equipment and accessory equipment, where technically feasible. An applicant seeking
above-ground installation shall demonstrate through clear and convincing technical
evidence that underground or flush-to-grade installation would prevent the facility from
performing its intended function and that the proposed above-ground installation is the
least visually intrusive technically feasible alternative.
Nothing in this subsection shall require underground placement to the extent the applicant
demonstrates that such requirement is expressly prohibited or preempted by applicable
federal or Arizona law.
• Section 17.03 A 14 was added to ensure there is parking available around a tower site
to provide for maintenance activities.
• Section 17.03 A 15, Minimum Height of Antennas, was added to ensure all antennas
are placed above head height.
• Section 17.03 A 16 was added to clarify regulations regarding fall zones and to ensure
that if a tower falls it will not fall on neighboring property or any adjacent public
streets or sidewalks.
Compared to the current ordinance, a couple of significant changes were made to Section
17.03 B Minimum Setbacks and Separations. Section 17.03 B 2 a currently has a table with
setback requirements for towers requiring a separation between 100' and 200' from residential
properties. The new ordinance requires all towers to be at least 500' from any residential use
or zoning district. There is a provision, however, that the Town Council a reduction down to
300' if the applicant provides information and data showing the goals of the ordinance are
better served at the reduced distance.
Section 17.03 B 2 b includes a table for separation distances between towers. Table 17.03 B
2 b was amended to increase the separation distance by 500' for most tower heights. The
separation distance between towers less than 40' in height was just increased 250'. In the new
ordinance the minimum distance between towers will range from 1000' for two towers of less
than 40' in height to 2,500' for towers that are 65' tall or taller.
Section 17.03 C has two primary changes from the current ordinance. Sec. 17.03 C 1 was
amended to require all equipment vaults to be placed underground unless Council approves
above-ground equipment placement through good cause shown. At the Planning and Zoning
Commission work session, several Commissioners expressed support for requiring a specific
type of battery to decrease potential fire hazards. This language was added in Section 17.03
C:
4. Battery Safety. Any battery energy storage or backup power system installed in connection
with a PSWF shall utilize lithium ion phosphate (LiFePO4 or LPE) batteries, which are less
prone to thermal runaway and fire hazard. All battery systems shall comply with applicable
fire, electrical, building, and product-safety codes and standards.

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Section 17.03 D, Co-location, has remained largely unchanged.
A change made to address the stipulations of the Planning and Zoning Commission
recommendation was to amend 17.03 B 2 a to address the concern for wireless facility
separation from schools and daycare facilities. This will now require wireless facilities to be
at least 500' from schools and daycare facilities unless Council approves a reduction down to
300'.
Section 17.04 Application Types
This section defines what types of applications can be reviewed administratively and which
require public review. This section was modified to require all new towers to go through a
public review process.
A change made to address the stipulations of the Planning and Zoning Commission
recommendation was to amend Section 17.04 A 6 to provide more detail on what information
is needed for the review and approval of a temporary wireless facility.
Section 17.05 Application Submittal, Review, and Processing
This section of the ordinance defines what type of information is required for the different
application types and the review process that will be followed for administrative and public
review applications. Section 17.05 A regarding general application requirements has been
significantly modified to increase the General submission requirements. Items 5 - 18, which
include things such as fire safety information, visual impact analysis, FCC compliance report,
and effective prohibition claims, were all added to the items required. Several changes were
made to this section based on feedback received at the Commission work session.
Section 17.05 B regarding shot clocks and tolling has remained largely unchanged from the
current ordinance.
Section 17.05 C has been updated to require some additional information to be submitted with
the application. Subsections C 1 h - l are all new. Subsection C 3 b in the new ordinance
regarding factual determinations which need to be made as part of the review and approval
process is all new. This section requires Council to use factual determinations based on both
local zoning requirements and Telecommunications Act of 1996 (TCA) requirements.
Section 17.05 C was also expanded to add review items 4, Environmental Impacts; 5,
Historic Sites Impacts; 6, Tribal Site Impacts; and 7, Force Majeure.
A change to address the stipulations of the Planning and Zoning Commission
recommendation was to amend Sec. 17.05 A 11 to increase the time for a balloon test from
four hours to eight hours.
Section 17.06 Maintenance and Operation
This section addresses the ongoing maintenance and operations of a tower, antennas, and the
associated equipment. This also includes provisions for the removal of the tower and
equipment if the site is abandoned.
Section 17.06 A regarding removal of abandoned antennas has been expanded to require a
bond for the cost of removal and Section 17.06 B 2 regarding state and federal requirements
has been greatly expanded to address excessive radiofrequency (RF) emissions.
The following additional sections have been added:
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• Section 17.06 E, Maintenance. This requires ongoing maintenance of the tower and
tower site and includes a requirement for a maintenance bond the Town can call if
needed to perform needed maintenance.
• Section 17.06 F, Maintenance Contact Information. This has been added in response
to comments about ensuring ongoing maintenance. This will ensure the Town has a
contact for any required maintenance issues.
• Section 17.06 G, Indemnity and Liability for damages.
• Section 17.06 H Certificate of Insurance required. This section outlines in detail the
insurance requirements needed for the installation and operation of a wireless
communications tower.
• Section 17.06 I, ADA Accommodations.
• Section 17.06 J, Decommissioning and Reclamation Plan. This section sets standards
for the restoration of a site if a tower is decommissioned and removed.
Changes to address the stipulations of the Planning and Zoning Commission include:
• Amending Sec. 17.06 A 2 regarding the amount of the bond required. The revised
language requires the estimate to be approved by a certified engineer and that the bond
be 125% of the estimate.
• Amending Sections 17.06 B 2 b and 17.06 B 3 to provide more direction and a cure
period when addressing issues of excessive RF emissions.
• Amending Sec. 17.06 E to provide the requirements for the required maintenance
bond for wireless facilities.
Section 17.07 Nonconforming Uses
This section remains largely unchanged.
Section 17.08 Retention of Consultants
This is a new section which provides the process for the Town to hire consultants to help
administer the requirements of the ordinance.
Related Ordinance, Policy or Guiding Principle
N/A
Risk Analysis
N/A
Recommendation(s) by Board(s) or Commission(s)
The Planning and Zoning Commission has been working on the review and update to this
ordinance and related ordinances and requirements since March 2025. They have reviewed
the ordinance at multiple meetings, including two sessions with the consultant hired by the
Council to complete the ordinance amendments. The Commission held a public hearing on
September 14, 2026, to receive comments from the public regarding the proposed revisions.
At that meeting, the Commission voted 7-0 to forward a recommendation for approval to the
Council with five stipulations. Each of those stipulations has been address with the revised
ordinance attached to this report.
Staff Recommendation(s)
Staff recommends adoption of Ordinance 26-12.
Suggested Motion
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MOVE TO approve Ordinance 26-12.
FISCAL IMPACT
Fiscal Impact: N/A
Budget Reference: N/A
Funding Source: N/A
ATTACHMENTS
1.
Ordinance 26-12 Chapter 17
2.
Ch 17_Sep 14 P&Z Stipulations
3.
Draft Chapter 17 for P&Z study session with strikethrough

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ORDINANCE NO. 26–12
AN ORDINANCE OF THE MAYOR AND COUNCIL OF THE TOWN OF
FOUNTAIN HILLS, MARICOPA COUNTY, ARIZONA, AMENDING THE
FOUNTAIN HILLS ZONING ORDINANCE BY REPEALING AND
REPLACING CHAPTER 17, WIRELESS TELECOMMUNICATION
TOWERS AND ANTENNAS WITH A NEW CHAPTER 17, WIRELESS
TELECOMMUNICATION TOWERS AND ANTENNA.
WHEREAS, the Mayor and Council of the Town of Fountain Hills (the “Town
Council”) adopted Ordinance No. 93-22 on November 18, 1993, which adopted the
Zoning Ordinance for the Town of Fountain Hills (the “Zoning Ordinance”); and
WHEREAS, the Town desires to enhance the ability of the providers of
telecommunications services to provide such services to the community quickly,
effectively, and efficiently while protecting residential areas and land uses from
potential adverse impacts of towers and antennas; and
WHEREAS, the Town Council desires to repeal the existing Chapter 17, Wireless
Communication Towers and Antennas and replace it with a new and updated
Chapter 17, Wireless Communication Towers and Antennas; and
WHEREAS, in accordance with the Zoning Ordinance and pursuant to ARIZ. REV.
STAT. § 9-462.04, public hearings regarding this ordinance were advertised in the
August 26, 2026, and September 1, 2026, editions of the Fountain Hills Times; and
WHEREAS, a public hearing was held by the Planning and Zoning Commission on
September 14, 2026, and by the Town Council on October 20, 2026; and
WHEREAS, in accordance with Article II, Sections 1 and 2, Constitution of Arizona,
and the laws of the State of Arizona, the Town Council has considered the individual
property rights and personal liberties of the residents of the Town and the probable
impact of the proposed ordinance on the cost to construct housing for sale or rent
before adopting this ordinance.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE
TOWN OF FOUNTAIN HILLS, ARIZONA, as follows:
SECTION 1. The recitals above are hereby incorporated as if fully set forth
herein.
SECTION 2. Chapter 17 of the Fountain Hills Zoning Ordinance is hereby
repealed and replaced with the ordinance as provided in Exhibit A.

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SECTION 3. If any provision of this Ordinance is for any reason held by any
court of competent jurisdiction to be unenforceable, such provision or portion
hereof shall be deemed separate, distinct and independent of all other provisions
and such holding shall not affect the validity of the remaining portions of this
Ordinance.
SECTION 4. EMERGENCY CLAUSE - WHEREAS, it is necessary for the
preservation of the peace, health, and safety of the Town of Fountain Hills, Arizona,
an emergency is declared to exist, and this ordinance shall become immediately
operative and in force from and after the date of adoption.
PASSED AND ADOPTED by the Mayor and Council of the Town of Fountain
Hills, Arizona, this 20th day of October, 2026.

TOWN OF FOUNTAIN HILLS, ARIZONA

ATTEST:

____________________________________________
Gerry M. Friedel, Mayor

_______________________________________
Bevelyn Bender, Town Clerk

REVIEWED BY:

APPROVED AS TO FORM:

_____________________________________________
Rachael Goodwin, Town Manager

________________________________________
Town Attorney

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ORDINANCE NO. 26-12
EXHIBIT A

Chapter 17
Wireless Telecommunications Towers and Antennas

Section 17.01 Purpose, Intent, and Applicability
A. The purpose of this chapter is to establish general guidelines for the siting of wireless
communications towers and antennas. The goals of this chapter are to:
1. Protect residential areas and land uses from potential adverse impacts of towers and antennas;
2. Employ the “General Authority” preserved to the Town under 47 U.S.C. § 332(c)(7)(A) to the
greatest extent the United States Congress intended while simultaneously complying with each of
the substantive and procedural requirements set forth within the subsection 47 U.S.C. §
332(c)(7)(B).
3. Employ the authority reserved under A.R.S. §§ 9-462.01, and 9-596.A to exercise the Town’s
zoning powers, land use, planning and permitting authority, exercise its police powers, and
manage access to the Town’s public rights of way.
4. Promote the location of towers in nonresidential areas;
5. Limit the total number of towers throughout the community;
6. Strongly encourage the joint use of new and existing tower sites as a primary option rather
than construction of additional single-use towers;
7. Require users of towers and antennas to locate them, to the extent possible, in areas where the
adverse impact on the community is minimal;
8. Require users of towers and antennas to configure them in a way that minimizes the adverse
visual impact of the towers and antennas through careful design, siting, landscape screening, and
camouflaging techniques;
9. Enhance the ability of the providers of telecommunications services to provide such services
to the community quickly, effectively, and efficiently;

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10. Recognize that technology and laws regarding these facilities have changed, so the Town’s
regulations need to change accordingly;
11. Consider the public health and safety of communication towers; and
12. Avoid potential damage to adjacent properties from tower failure through engineering and
careful siting of tower structures.
13. Maintain the Town’s status as a designated International Dark Sky Community and an
optimum environment for stargazing,
14. Conserve and enhance the unique natural beauty, irreplaceable natural resources, historical,
natural, and man-made character and appearance of Fountain Park, McDowell Mountain Preserve,
Pleasantville Park, and views of Red Mountain and Four Peaks.
15. Protect Saguaro cacti as a unique natural resource promoting tourism, contributing to the
aesthetic well-being of the community, high property values, high quality of life, unique lifestyles,
and providing habitat protection for desert wildlife. Saguaro cacti grow slowly and cannot be
replaced by a plant of like character.
16. Protect the Sonoran Desert tortoise and its habitats as a unique natural resource and an
important component of Town of Fountain Hills natural environment that contributes to the
aesthetic, environmental, and personal well-being of the community. The Sonoran Desert tortoise
is a state-protected species in Arizona and a petitioned candidate for inclusion as a federally
endangered species pursuant to the Endangered Species Act of 1973, 16 U.S.C. §§ 1531–1544.
Populations of the Sonoran Desert tortoise has been documented in the Town of Fountain Hills.
17. Protect the quiet small-town suburban, scenic and visual character of the Town.
In furtherance of these goals, Town of Fountain Hills shall give due consideration to the Town of
Fountain Hills General Plan, the Town of Fountain Hills Zoning Ordinance, existing land uses, and
environmentally sensitive areas in approving sites for the location of towers and antennas.
B. It is the intent of this chapter:
1. That no wireless communication towers or antenna be sited, constructed, reconstructed,
installed, materially changed, expanded, or used unless in conformity with this chapter.
2. To achieve a balance between the need to provide wireless services with the health, safety,
and general welfare of the residents of Fountain Hills by balancing five (5) simultaneous
objectives:
a. Enabling personal wireless service providers to provide adequate personal wireless
services throughout the Town so that Town residents can enjoy the benefits of same from any
FCC-licensed wireless carrier from which they choose to obtain such services;

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b. Minimizing the number of cell towers and/or other personal wireless service facilities
needed to provide such coverage;
c. Preventing, to the greatest extent reasonably practical, any unnecessary adverse impacts
upon the Town’s communities, residential areas, and individual homes;
d. Complying with each of the substantive and procedural requirements set forth within the
subsection 47 U.S.C. § 332(c)(7)(B) for permit applications seeking approvals for the siting,
construction and operation of cell towers and/or other personal wireless service facilities; and
e. Complying with the Federal Communications Commission’s (FCC) legislative rules for
communications facilities including those for Radio Frequency human exposure limits in 47
C.F.R. Part 1, Subpart I and those addressing State and Local government regulation of the
Placement, Construction, and Modification of Personal Wireless Service Facilities, in 47
C.F.R. Part 1, Subpart U.
This Section is not intended to, nor shall it be interpreted or applied to: (1) prohibit or effectively
prohibit any wireless telecommunications service provider's ability to provide reasonable and
necessary wireless communications services; (2) prohibit or effectively prohibit any entity's ability to
provide reasonable and necessary interstate or intrastate telecommunications service; (3) unreasonably
discriminate among providers of functionally equivalent services; (4) deny any request for
authorization to place, construct or modify wireless telecommunications service facilities solely on the
basis of environmental effects of radio frequency emissions so long as such wireless facilities comply
in every instance and regard with all FCC's regulations concerning such emissions; (5) prohibit any
eligible facility that the Town may not deny under federal or state law; or (6) otherwise authorize the
Town to violate any applicable federal or state law.
C. Applicability.
1. New Towers and Antennas. All new towers or antennas in the Town of Fountain Hills shall be
subject to these regulations. The following exceptions apply:
a. Amateur Radio Station Operators/Receive Only Antennas. This chapter shall not govern
any tower, or the installation of any antenna, that is under the maximum building height of the
zoning district in which such structure is located and which is owned and operated by a
federally licensed amateur radio station operator or is used exclusively for receive only
operations.
b. Pre-existing Towers or Antennas. Legally established pre-existing towers and pre-existing
antennas shall not be required to meet the requirements of this chapter, other than the
requirements of Sections 17.06(B)(1) and 17.06(C).
c. AM Array. For purposes of implementing this chapter, an AM array, consisting of one (1)
or more tower units and supporting ground system which functions as one (1) AM

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broadcasting antenna, shall be considered one (1) tower. Measurements for setbacks and
separation distances shall be measured from the outer perimeter of the towers included in the
AM array. Additional tower units may be added within the perimeter of the AM array by
right.
d. Small Wireless Facilities. Wireless communication towers and antenna meeting the
definition of small wireless facilities as contained in A.R.S. 9-591 are subject to the
requirements of Article 19-1, Small Wireless Facilities, of the Town Code.
e. Mobile or Temporary Towers. Mobile wireless facilities, when placed on site for seven (7)
consecutive days or less, provided any necessary building permit or encroachment permit is
obtained.
f. Utility Service Antennas in the Right-of-Way. Utility service antennas as defined in this
chapter placed in the public right-of-way are subject to the requirements of Article 19-2,
Utility Service Antenna, of the Town Code.
g. Over-the-Air-Reception Devices ("OTARD") antennas as defined by 47 C.F.R. §
1.4000(a).
2. Existing Towers and Antennas. Any existing towers which are modified, upgraded, or changed
in any manner shall be subject to the provisions of this ordinance as applicable. All existing
towers and antennas shall be subject to the maintenance and operations requirements in Sec.
17.06.

Section 17.02 Definitions
For the purposes of this article, and where not inconsistent with the context of a particular section, the
defined terms, phrases, words, abbreviations, and their derivations shall have the meanings provided
in this section. When not inconsistent with the context, words in the present tense include the future
tense, words used in the plural number include words in the singular number, and words in the
singular number include the plural number. The word “shall” is always mandatory and not merely
directory. The definitions set forth herein shall supersede any definitions set forth within the Town
Code and Zoning Ordinance, and the definitions set forth herein below shall control and apply to
Chapter 17 of the Zoning Ordinance and all subparagraphs herein.
“Accessory facility or accessory structure” means a facility or structure serving or being used in
conjunction with a personal wireless services facility or complex and located on the same property or
lot as the personal wireless services facility or complex or an immediately adjacent lot, including, but
not limited to utility or transmission equipment storage sheds or cabinets.
“ACHP” means the Federal Advisory Council on Historic Preservation.

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“ADA” means American Disabilities Act.
“ADEQ” means the Arizona Department of Environmental Quality.
“Adequate coverage” means, as determined by the Town Council, that a specific wireless carrier’s
personal wireless service coverage is such that the vast majority of its customers’ equipment can
successfully connect to the carrier’s radio access network and achieve a received signal strength of 110 dBm or better and deliver a -90 dBm or better signal to the base station receiver (uplink) with a
signal to noise ratio (SINR) of 3 dB or higher the vast majority of the time, in the vast majority of the
geographic locations within the Town, that the Voice Drop Call Rate, e.g. the percentage ratio of
dropped voice calls to total call attempts or successful call setups remains at or below 3%. A “gap”
can exist when there is a lack of coverage or when coverage exists but quality is below the above
metrics. The Town will assess whether a gap in a carrier’s personal wireless services are significant,
based upon such factors including, but not limited to, lack of significant physical size of the gap,
whether the gap is located upon a lightly traveled or lightly occupied area, whether only a small
number of customers are affected by the gap, and/or whether or not the carrier’s customers are
affected for only limited periods of time. A wireless carrier’s coverage shall not be deemed inadequate
simply because the frequency or frequencies at which its customers are using its services are not the
most preferred frequency of the wireless carrier.
For claimed capacity or quality shortfalls in an area that has coverage, the applicant must demonstrate
through independently-verifiable data and analysis, including network generated recordings based on
user equipment reports that users are consistently experiencing dropped voice calls (in contrast to
dropped sessions involving non-voice communications) at an unacceptable level during peak periods,
or user devices are consistently denied access to the network due to lack of overall capacity at peak
periods.
If the applicant relies on signal strength data (whether network recorded or through drive tests) to
demonstrate a lack of coverage or inadequate quality/capacity the applicant must disclose all
underlying data, its thresholds for acceptable quality in such fashion that all claims and conclusions
are independently verifiable.
The Town strongly encourages all applicants to use methods consistent with the FCC rules governing
provider reports and mapping data in 47 C.F.R. Part 1, Subpart V (§§ 1.7000 – 1.7010).
“Adjacent properties or properties adjacent” shall mean (i) those lots or parcels of land that abut
another lot or parcel of land or public right-of-way that is contiguous to a wireless facility site or
proposed site and (ii) the lots or parcels of land or public right-of-way that would be contiguous to lots
or parcels or public rights-of-way but for an intervening local or collector roadway.
“Aesthetic or aesthetics” refers to subjective or objective determinations related to whether and if so,
how well a facility will fit within the character of the area where the facility is proposed. This requires
a broad range of factors including but not limited to visual effects and impact on property values. The

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Town will consider aesthetics for all applications and, where not prohibited by federal or state law,
reserves the ability to impose careful placement conditions or restrictions.
“Alternative tower structure” means man-made trees, clock towers, bell steeples, light poles and
similar alternative-design mounting structures that camouflage or conceal the presence of antennas or
towers.
“Antenna” means an apparatus designed for the purpose of emitting radiofrequency (RF) radiation, to
be operated or operating from a fixed location pursuant to FCC authorization, for the provision of
personal wireless service and any commingled information services. This definition does not apply to
antennas designed for amateur radio use or satellite dishes for residential or household purposes.
“Antenna equipment” means equipment, switches, wiring, cabling, power sources, shelters or cabinets
associated with an Antenna, located at the same fixed location as the Antenna, and, when Co-located
on a PWSF Structure, is mounted or installed at the same time as such Antenna.
“Antenna facility” means Antenna and associated Antenna Equipment.
"Applicant" means any individual, corporation, limited liability company, general partnership, limited
partnership, estate, trust, joint-stock company, association of two or more persons having a joint
common interest, or any other entity submitting an application for a wireless communication facility
permit, site plan approval, building permit, and/or any other related approval, for the installation,
operation and/or maintaining of one or more wireless communication facilities.
"Application" shall mean all necessary and required documentation, information, and evidence that an
applicant must submit to receive a wireless communications facility permit, building permit, or other
Town approval for personal wireless service facilities from the Town.
“Backhaul network” means the lines that connect a provider’s towers/cell sites to one (1) or more
cellular telephone switching offices, and/or long distance providers, or the public switched telephone
network.
“Balloon test” means the raising of a balloon (or placement of a “crank up” tower, crane or temporary
structure) equal to the height of a proposed personal wireless services facility tower for a period of 4
hours on a pre-determined date and time prior to approval of a wireless facility permit application to
assess the visual impact of a proposed tower.
“Base station” means for purposes of eligible facilities requests the definition in the FCC’s regulations
at 47 CFR § 1.6100 shall apply. A structure or equipment at a fixed location that enables FCClicensed or authorized wireless communications between user equipment and a communications
network. The term does not encompass a tower or any equipment associated with a tower.

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“Board of Adjustment” means the Board of Adjustment of the Town of Fountain Hills, established
pursuant to Sec. 1.07 of the Zoning Ordinance with membership, powers, duties, and responsibilities
as set forth in Article 2A-2 of the Town Code.
Carriers. See Wireless Carriers.
“Cell tower” means a free-standing, guy-wired, or otherwise supported pole, tower, or other structure
designed to support or employed to support equipment and/or antennas used to provide personal
wireless services, including, but not limited to, a pole, monopole, monopine, slim stick, lattice tower
or other types of standing structures.
“CEQ” means the Council on Environmental Quality, as established under NEPA.
"Collocate, colocate" or "collocation, colocation" can have different meanings depending on context.
1. When and where A.R.S. §§ 9-951 — 9-600 apply, the definition in A.R.S. §§ 9-951.8 shall also
apply. That definition currently states:
"Collocate" or "collocation" means to install, mount, maintain, modify, operate or replace wireless
facilities on, within or adjacent to a wireless support structure or utility pole.
2. Where and when the FCC’s general rules for placement, construction and modification of
personal wireless facilities apply, the definition in 47 C.F.R. § 1.6002(g) shall also apply. That
definition currently states:
Collocation, consistent with § 1.1320(d) and the Nationwide Programmatic Agreement (NPA) for
the Collocation of Wireless Antennas, appendix B of this part, section I.B, means—
(1) Mounting or installing an antenna facility on a pre-existing structure; and/or
(2) Modifying a structure for the purpose of mounting or installing an antenna facility on that
structure.
(3) The definition of “collocation” in § 1.6100(b)(2) applies to the term as used in that section.
3. Where and when the FCC’s rules for wireless facility modifications apply, the definition in 47
C.F.R. § 1.6100(b)(2) shall also apply. That definition currently states:
(2) Collocation. The mounting or installation of transmission equipment on an eligible support
structure for the purpose of transmitting and/or receiving radio frequency signals for
communications purposes.
“Complete application, completed application” means an application that contains all the necessary
and required information, records, evidence, reports, and/or data necessary to enable an informed
decision to be made with respect to an application. Where any information is provided pursuant to the
terms of this Chapter and the Development Services Director, Town Engineer or the Town’s expert or

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consultant, or the Council determines, based upon information provided, that any additional, further,
or clarifying information is needed as to one or more aspects, then the application will be deemed
incomplete until that further or clarifying information is provided to the satisfaction of the
Development Services Director, Town Engineer, Town Council or the Town’s expert or consultant of
the Council.
“Complex” means the entire site or facility, including all structures and equipment, located at the site.
“Council or Town Council” means the Town Council of the Town of Fountain Hills.
“DBM” (dBm) stands for decibel milliwatts, which is a concrete measurement of the wireless signal
strength of wireless networks. It expresses power relative to 1 milliwatt (mW) on a logarithmic scale.
Emissions are measured using positive whole or fractional numbers. Received signal strengths are
typically recorded in negative numbers because they are usually weaker than 1 milliwatt, and can
range from approximately -30 dBm to -110 dBm. The closer the number is to 0, the stronger the cell
signal. FCC, HHS and OSHA regulate safe exposure thresholds but transmitter power (in dBm) is
crucial to determining exposure, as it is the starting point for calculating current exposure limits.
“Deployment” means the placement, construction, or substantial modification of a personal wireless
service facility.
“Development Services Director” (or “Director): T” means the person appointed by the Town
Manager to be the Development Services Director. If there is no such person designated by the Town
Manager, the Town Manager is the Development Services Director.
“Distributed antenna system, DAS” means a network of spatially separated antenna nodes connected
to a common source via a transport medium that provides personal wireless service within a
geographic area.
“Effective prohibition” means a finding by the Town Council that if an application seeking approval
for a specific new Personal Wireless Service Facility at a specific location, and a specific height, were
to be denied, such denial would either: (a) prevent an identified Wireless Carrier from providing
personal wireless services within a specific geographic area, or areas, within the Town, or (b) would
prevent a specific Wireless Carrier from constructing a sufficient number of such facilities necessary
to enable it to provide Personal Wireless Services within the Town.
An effective prohibition shall not be found to exist if a Wireless Carrier has Adequate Coverage in a
specified geographic area , such that its end-use customers can use their cellular telephones to connect
to landlines using the Carrier’s Personal Wireless Services; however, the frequencies are not the “most
preferred” frequencies of the Carrier.
An effective prohibition shall also not be found to exist if an applicant fails to establish before the
Town Council that any existing geographic gap or capacity deficiency in the specific Wireless
Carrier’s coverage cannot be remedied through a less intrusive means than what is being proposed,

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including, but not limited to, potential installations on alternative less intrusive sites, a shorter tower or
facility, the incorporation of a more stealthy design, etc.
A finding of Effective Prohibition, or lack thereof, shall be based upon an applicant’s submission of
sufficient probative, relevant, and sufficiently reliable evidence and the appropriate weight the Town
Council deems appropriate to afford.
“Eleventh hour submissions” means an applicant’s submission of new and/or additional materials in
support of an application less than five (5) business days before the expiration of an applicable shot
clock or at an otherwise unreasonably short period of time before the expiration of the shot clock,
making it impracticable for the Town Council to adequately review and consider such submissions
due to their complexity, volume, or other factors, before the expiration of the shot clock.
“Eligible facilities request” means a request that meets the requirements in 47 CFR § 1.6100 for
modification of an existing Tower or Base Station that does not substantially change the physical
dimensions of such Tower or Base Station and involving:
(a) Co-location of new transmission equipment,
(b) Removal of transmission equipment, or
(c) Replacement of transmission equipment.
“Enure” means to operate or take effect. To serve to a person or party's use, benefit, or advantage.
“EPA” means the United States Environmental Protection Agency.
“Existing structure” means light poles, power poles, chimneys, billboards, and other similar structures,
which are placed, within the Town at the time of adoption of this chapter, except existing buildings.
“FAA” means the Federal Aviation Administration or its duly designated and authorized successor
agency.
“Facility” means a set of wireless transmitting and/or receiving equipment, including any associated
electronics and electronics shelter or cabinet and generator.
“FCC” means the Federal Communications Commission.
“General population/uncontrolled exposure limits” means the applicable radiofrequency radiation
exposure limits set forth within 47 CFR §1.1310(e)(1), Table 1 Section (ii), made applicable pursuant
to 47 CFR §1.1310(e)(3), as further described and supplemented by the FCC Office of Engineering
and Technology Laboratory Division’s advisory Knowledge Database (KBD), available at
https://apps.fcc.gov/oetcf/kdb/index.cfm.
“HHS” means U.S. Department of Health and Human Services or its constituent agencies, including
FDA Food and Drug Administration, charged with review and compliance, meeting or exceeding

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requirements of the RF-emitting consumer devices (e.g., electronic products such as cell phones) for
health impacts.
“Height” means, when referring to a tower, personal wireless service facility, or personal wireless
service facility structure, the height shall mean the distance measured from the pre-existing grade level
to the highest point on the tower, facility, or structure, including, but not limited to, any accessory,
fitting, fitment, extension, addition, add-on, antenna, whip antenna, lightning rod or other types of
lightning-protection devices attached to the top of the structure.
“Historic Structure” means any structure that is either on the National Register of Historic Places or is
eligible for inclusion in the national register, irrespective of whether or not an application for inclusion
onto the national register has been filed or not filed.
“Illegally excessive RF radiation or illegally excessive radiation” means RF radiation emissions at
levels that exceed the legally permissible limits set forth within 47 CFR §1.1310(e)(1), Table 1
Sections (i) and (ii), as made applicable pursuant to 47 CFR §1.1310(e)(3).
“In-kind call testing” means testing designed to measure the gap in Personal Wireless Service
coverage asserted by an applicant. In-Kind Call Testing for a claimed gap in Personal Wireless
Services in buildings means call testing performed in buildings to establish the existence or absence of
such a gap, unless the applicant provides an affidavit sworn under penalties of perjury demonstrating
good faith but unsuccessful attempts to secure access to buildings to conduct such testing. In-Kind
Call Testing for a claimed gap in Personal Wireless Services in vehicles or in the open air means call
testing performed in vehicles or in the open to establish the existence or absence of such a gap.
“In-kind replacement” means the replacement of a malfunctioning component(s) with a properly
functioning component of substantially the same weight, dimensions, and outward appearance.
“Least intrusive” means the location and design of a personal wireless service facility that would
remedy a significant gap in Personal Wireless Service coverage and (1) does the least disservice to the
objectives stated in § 270-219A(2), and (2) deviates as little as possible from (a) the preferential order
of location in subsection K (Priority of siting locations) and (b) applicable design standards in
subsection L.
“Macrocell” means a cellular base station that typically sends and receives radio signals from large
towers and antennas. These include traditionally recognized cell towers, typically ranging from 50 to
199 feet in height.
“Maintenance or routine maintenance” means plumbing, electrical or mechanical work that may
require a building permit but that does not constitute a modification to the personal wireless service
facility. It is work necessary to assure that a wireless facility and/or telecommunications structure
exists and operates reliably and in a safe manner, presents no threat to persons or property, and
remains compliant with the provisions of this chapter and FCC requirements.

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“Mobile or temporary tower” means a portable tower or other wireless communications facility
capable of being transported in or by a motor vehicle, or otherwise designed to be readily relocated,
that is intended or used to provide wireless communications services on a temporary or emergency
basis and is not permanently affixed to the site on which it is located. The term includes, but is not
limited to, cells-on-wheels (COWs), sites-on-wheels (SOWs), cells-on-light-trucks (COLTs), trailermounted monopoles, and similar portable facilities.
“Monopole” means a wireless support structure that is not more than forty inches in diameter at the
ground level and that has all of the wireless facilities mounted on the pole or contained inside of the
pole. Monopoles are typically unguyed.
“Necessary, or necessity, or need” means what is technologically required for the equipment to
function as designed by the manufacturer and anything less will result in prohibiting the provision of
service as intended and described in the narrative of the application. “Necessary” or “need” does not
mean what may be desired, preferred, or the most cost-efficient approach and is not related to an
applicant’s specific chosen design standards or unspecified “coverage objectives.” Any situation
involving a choice between or among alternatives or options is not a need or a necessity.
“NEPA” means the National Environmental Policy Act, 42 U.S.C. §4321, et seq.
“NHPA” means the National Historic Preservation Act, 54 U.S.C. 300101 et seq, and 36 CFR Part
800, et seq.
“Node, DAS node” means a fixed antenna and related equipment installation that operates as part of a
system of spatially separated antennas, all of which are connected through a medium through which
they work collectively to provide personal wireless services, as opposed to other types of personal
wireless facilities, such as macrocells, which operate independently.
“Node” means a fixed antenna and antenna equipment installation that operates as part of a system of
spatially separated Antennas, all of which are connected through a medium through which they work
collectively to provide personal wireless services using hand-off capabilities. A 4G (LTE) node is
referred to as an ENode B, and a 5G node is referred to as a GNode B. Some sites incorporate both 4G
and 5G. Some 5G capable sites still rely on a 4G network core.
“Notice address” means an address, which is required to be provided by an applicant at the time it
submits an application, at which the Town, Town Council, and/or Development Services Director or
Town Engineer designee can mail notice, and the mailing of any notice to such address by first-class
mail shall constitute sufficient notice to any and all applicants, co-applicants, and/or their attorneys, to
satisfy any notice requirements under this Chapter, as well as any notice requirements of any other
local, state and/or federal law.
“Notice of incompleteness, notice of incomplete application” means a written notice, sent by
electronic mail , to an applicant seeking approval for the installation of a PWSF, wherein the sender
advises the applicant that its application is either incomplete, the wrong type of application, or is

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otherwise defective, and setting for the reason or reasons why the application is incomplete and/or
defective.
“Notice of effective prohibition conditions” means a written notice, which is required to be provided
to the Town at the time of the filing of any application by all applicants seeking any approval, of any
type, for the siting, installation, and/or construction of a PWSF, wherein the respective applicant
asserts, claims or intends to assert or claim, that a denial of their respective application, by any agent,
employee, board or body of the Town, would constitute an “effective prohibition ” within the meaning
of the TCA, and concomitantly, that a denial of their respective application or request would violate
Section 47 U.S.C. §332(c)(7)(B)(i)(II) of the TCA.
“Occupational/controlled exposure limits” means the applicable radiofrequency radiation exposure
limits set forth within 47 CFR §1.1310(e)(1), Table 1 Section (i), made applicable pursuant to 47 CFR
§1.1310(e)(2).
"Permit" means written permission required by an authority to install, mount, maintain, modify,
operate or replace a utility pole or monopole, to collocate a wireless facility on a utility pole or
wireless support structure or to collocate wireless facilities on a monopole.
“Permittee” means a holder of a Personal Wireless Service Facility Permit.
“Personal wireless service/personal wireless services” means commercial mobile services, unlicensed
wireless services, and common carrier wireless exchange access services, within the meaning of 47
U.S.C. §332(c)(7)(c)(i), and as defined therein.
“Personal wireless service facility, personal wireless services facility or PWSF” means a facility or
facilities used for the provision of personal wireless services, within the meaning of 47 U.S.C.
§332(c)(7)(c)(ii). It means a specific location at which a structure that is designed or intended to be
used to house or accommodate antennas or other transmitting or receiving equipment is located. This
includes, without limitation, towers of all types and all kinds of support structures, including but not
limited to buildings, church steeples, silos, water towers, signs, utility poles, or any other structure that
is used or is proposed to be used as a telecommunications structure for the placement, installation
and/or attachment of antennas or the functional equivalent of such. It expressly includes all related
facilities and equipment such as cabling, radios and other electronic equipment, equipment shelters
and enclosures, cabinets, and other structures enabling the complex to provide personal wireless
services.
“Pre-existing towers and pre-existing antennas” means any tower or antenna lawfully constructed or
permitted prior to the effective date of this Chapter, including any tower or antenna for which no
permit or other zoning approval was required at the time of construction, provided that the tower or
antenna was otherwise lawfully constructed.
"Private easement" means an easement or other real property right that is only for the benefit of the
grantor and grantee and the grantor's or grantee's successors and assigns.

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“Probative evidence” means evidence which tends to prove facts, and the more a piece of evidence or
testimony proves a fact, the greater its probative value, as shall be determined by the Town Council or
other decision making authority, as the finder-of-fact in determining whether to grant or deny
applications under this provision of the Town Code.
“Repairs” means the replacement or repair of any components of a wireless facility or complex where
the replacement is substantially identical to the component or components being replaced, or for any
matters that involve the normal repair and maintenance of a wireless facility or complex without the
addition, removal, or change of any of the physical or visually discernible components or aspects of a
wireless facility or complex that will impose new visible intrusions of the facility or complex as
originally permitted.
“RF” means radiofrequency.
“RF radiation” means radiofrequency radiation. That being electromagnetic radiation, which is a
combination of electric and magnetic fields that move through space as waves, and can include both
Non-Ionizing radiation and Ionizing radiation.
“School” means a public, charter, or private educational institution providing instruction for
elementary and secondary grades as defined in A.R.S. § 15-101 and includes the real property and
facilities used for such educational purpose.
“School property” means any parcel containing a public, charter, or private educational institution
providing instruction for elementary and secondary grades as defined in A.R.S. § 15-101 and includes
associated playgrounds, athletic fields, administrative buildings, parking areas, and other schoolrelated facilities.
“Section 106 Review” means a review under Section 106 of the National Historic Preservation Act.
“Setback” means the distance between (a) any portion of a personal wireless facility and/or complex,
including but not limited to any and all accessory facilities and/or structures, and (b) the exterior line
of any parcel of real property or part thereof which is owned by, or leased by, an applicant seeking to
construct or install a personal wireless facility upon such real property or portion thereof. In the event
that an applicant leases only a portion of real property owned by a landlord, the setback shall be
measured from the facility to the line of that portion of the real property that is actually leased by the
applicant, as opposed to the exterior lot line of the non-leased portion of the property owned by the
landlord.
“Shot clock, Arizona” means the statutory timeframes within which the Town must review a wireless
application for completeness of an application for wireless facilities in right-of-way pursuant to A.R.S.
§ 9-594.C.2 and act on a wireless application before it is otherwise deemed approved pursuant to
A.R.S. § 9-594.C.2. For deemed approved purposes, the Arizona shot clock begins on the date when
the Town determines the application is properly completed. For applications involving wireless
facilities not in right-of-way the FCC shot clock will apply.

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Shot clock, FCC: the presumptively reasonable time frame within which the Town must act on a
wireless application, as defined by the FCC, shown below subject to amendment from the FCC. The
shot clock begins when the applicant takes the first procedural step that the Town requires.
a. Aggregate of 60 days:
1) Standby emergency generators at previously permitted macro cell tower
sites.
2) Collocation of small wireless facilities at existing small wireless facility
sites.
3) Eligible Facilities Requests.
b. Aggregate of 90 days:
1) New small wireless facilities.
2) Collocation applications for additions to existing communications facilities not
defined as an eligible facilities request.
c. Aggregate of 150 days:
1) All other applications, such as development of a new communication tower or facility.
“SHPO” means the Arizona State Historic Preservation Office.
“Site developer or site developers” means individuals and/or entities engaged in the business of
constructing wireless facilities and wireless facility infrastructure and leasing space and/or capacity
upon, or use of, their facilities and/or infrastructure to wireless carriers. Unlike wireless carriers, site
developers generally do not provide personal wireless services to end-use consumers.
“Small cell” means a fixed cellular base station that sends and receives radio signals and is typically
mounted upon poles or support structures at substantially lower elevations than macrocell facilities.
"Small wireless facility" can have different meanings depending on context.
1. When and where A.R.S §§ 9-591 – 9-599 applies, the definition in A.R.S §§ 9-591.19 shall also
apply. That definition means a wireless facility that meets both of the following qualifications:
(a) All antennas are located inside an enclosure of not more than six cubic feet in volume or,
in the case of an antenna that has exposed elements, the antenna and all of the antenna's
exposed elements could fit within an imaginary enclosure of not more than six cubic feet in
volume.
(b) All other wireless equipment associated with the facility is cumulatively not more than
twenty-eight cubic feet in volume, or fifty cubic feet in volume if the equipment was ground
mounted before August 9, 2017. The following types of associated ancillary equipment are
not included in the calculation of equipment volume pursuant to this subdivision:
i. An electric meter.
ii. Concealment elements.
iii. A telecommunications demarcation box.
iv. Grounding equipment.
v. A power transfer switch.
vi. A cutoff switch.

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vii. Vertical cable runs for the connection of power and other services
2. Where and when the FCC’s general rules for placement, construction and modification of
personal wireless service facilities apply, the definition in 47 CFR §1.6002(l) shall apply. That
definition states as follows:
(a) Small wireless facilities are facilities that meet each of the following conditions:
(i) The facilities—
Are mounted on structures 50 feet or less in height including their antennas as
defined in § 1.1320(d); or
Are mounted on structures no more than 10 percent taller than other adjacent
structures; or
Do not extend existing structures on which they are located to a height of more than
50 feet or by more than 10 percent, whichever is greater;
(ii) Each antenna associated with the deployment, excluding associated antenna
equipment (as defined in the definition of “antenna” in § 1.1320(d)), is no more than
three cubic feet in volume;
(iii) All other wireless equipment associated with the structure, including the wireless
equipment associated with the antenna and any pre-existing associated equipment on the
structure, is no more than 28 cubic feet in volume;
(iv) The facilities do not require antenna structure registration under part 17 of this
chapter;
(v) The facilities are not located on Tribal lands, as defined under 36 CFR 800.16(x); and
(vi) The facilities do not result in human exposure to radiofrequency radiation in excess
of the applicable safety standards specified in § 1.1307(b).
"Special taxing district" means a special district formed pursuant to title ARS 48, chapter 11, 12, 17,
18, 19, 20 or 22.
“Special Use Permit” means the official document or permit granted by the Town Council pursuant to
which an applicant is allowed to file for and obtain a building permit to construct and use a personal
wireless services facility, personal wireless service equipment, and/or any associated structures and/or
equipment which are used to house, or be a part of, any such facility or complex, or to be used to
provide personal wireless services.
“State” means the State of Arizona.
“Structure” means a pole, tower, base station, or other building, physical support of any form used for,
or to be used for, the provision of personal wireless service.
“Substantial evidence” means such relevant evidence as a reasonable mind might accept as adequate
to support a conclusion. It means less than a preponderance but more than a scintilla of evidence.

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“TCA” means the Telecommunications Act of 1996, Pub. L. No. 104-104, 110 Stat. 56 (1996),
codified at various provisions of Title 47 U.S.C.
“Thermal runaway” means self-heating of an electrochemical system in an uncontrollable fashion.
“Tolling or tolled” means the pausing of the running of the time period permitted under the applicable
shot clock for the respective type of application for a personal wireless services facility. Where a shot
clock is tolled because an application has been deemed incomplete and timely notice of
incompleteness was mailed to the applicant, the submission of additional materials by the applicant to
complete the application will end the tolling, thus causing the shot clock period to resume running, as
opposed to causing the shot clock to begin running anew.
“Tower” means a mast, pole, monopole, slim stick, guyed tower, lattice tower, freestanding tower, or
other structure designed to support or employed to support antennas and other equipment, including
but not limited to dishes, transceivers and arrays used to provide personal wireless services and
wireless communications services. A ground- or building-mounted mast greater than ten feet tall and
six inches in diameter supporting one or more antennas, dishes, arrays, etc. shall be considered a
communications tower.
“Town” means the Town of Fountain Hills.
“Town code” means the Town Code of the Town of Fountain Hills.
“Undertaking” means any application seeking Town approval for the installation of a personal
wireless services facility licensed under the authority of the FCC shall constitute an undertaking
within the meaning of NEPA, in accord with 42 CFR §137.289 and 36 CFR §800.16.
“Utility” means Arizona (under ARS § 40-360.51 (5)): A public utility includes corporations or
persons engaged in furnishing water, gas, electricity, telephone service, or sewage disposal to the
public for compensation.
“Utility service antennas” means antenna placed on or near utility boxes, poles, switches, storage
tanks, etc., and used by a utility provider to facilitate the operation of the utility system.
“Wireless carriers or carrier” means companies that provide Personal Wireless Services to end-use
consumers.
“Wireless communication” means the transmission of voice or data without cable or wires.
“Wireless communication facility” means wireless communication facilities including, but not limited
to, facilities that transmit and/or receive electromagnetic signals for cellular radio telephone service,
personal communications services, enhanced specialized mobile services, paging systems, and related
technologies. Such facilities also include antennas, microwave dishes, parabolic antennas, and all
other types of equipment used in the transmission or reception of such signals; telecommunication
towers or similar structures supporting said equipment; associated equipment cabinets and/or

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buildings; and all other accessory development used for the provision of personal wireless services.
These facilities do not include radio and television broadcast towers and government-operated public
safety networks.
“Zoning ordinance” means the Zoning Ordinance of the Town of Fountain Hills, as codified in
Chapter 1, Sec. 1.01 of the Zoning Ordinance.

Section 17.03 Requirements
A. General Requirements.
1. Principal or Accessory Use. Antennas and towers may be considered either principal or
accessory uses. A different existing use of an existing structure on the same lot shall not preclude
the installation of an antenna or tower on such lot.
2. Lot Size. For purposes of determining whether the installation of a tower or antenna complies
with district development regulations, including but not limited to setback requirements, lot
coverage requirements, and other such requirements, the dimensions of the entire lot shall control,
even though the antennas or towers may be located on leased parcels within such lot.
3. Aesthetics. Towers and antennas shall meet the following requirements:
a. Towers shall, subject to any applicable standards of the FAA, be painted a neutral color so
as to reduce visual obtrusiveness.
b. At a tower site, the design of the buildings and related structures shall, to the extent
possible, use materials, colors, textures, screening, and landscaping that will blend them into
the natural setting and surrounding buildings.
c. If an antenna is installed on a structure other than a tower, the antenna and supporting
electrical and mechanical equipment must be of a neutral color that is identical to, or closely
compatible with, the color of the supporting structure so as to make the antenna and related
equipment as visually unobtrusive as possible.
d. The choice of design for installing a new wireless communication facility or the
substantial modification of an existing wireless communication facility shall be chosen to
minimize the potential adverse impacts that the new or expanded facility may, or is likely to,
inflict upon nearby properties. Concealment elements should be used to camouflage the pole
and antennas.
e. Accessory Structures. Unless approved by the Town Council, all equipment associated
with a wireless communication tower is to be located below grade in a vault. If above grade

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accessory structures are approved by the Town Council, they shall comply with the following
requirements.
i. Accessory structures shall maximize the use of building materials, colors, and textures
designed to blend with the natural surroundings. The use of specified concealment
elements for communications towers may be required by the Council to blend the
communications tower and/or its accessory structures further into the natural
surroundings using specified concealment elements.
ii. Accessory structures shall be designed to be architecturally similar, compatible with
each other, and shall be no more than 12 feet high. The buildings shall be used only for
housing equipment related to the particular site. Whenever possible, the buildings shall be
joined or clustered so as to appear as one (1) building.
iii. No portion of any telecommunications tower or accessory structure shall be used for
a sign or other advertising purpose, including but not limited to the company name,
phone numbers, banners, and streamers, except the following. A sign of no greater than 2
square feet indicating the name of the facility owner(s) and a twenty-four (24) hour
emergency telephone shall be posted adjacent to any entry gate. In addition, “no
trespassing” or other warning signs may be posted on the fence. All signs shall conform
to the sign requirements of the Town.
f. Visual Impacts. Towers must be placed to minimize visual impacts. Applicants shall place
towers on the side slope of the terrain so that, as much as possible, the top of the tower does
not protrude over the ridgeline, as seen from public ways.
g. Existing Vegetation. Existing vegetation shall be preserved to the maximum extent
possible. No cutting of trees shall take place on a site connected with an application made
under this chapter prior to the approval of the application.
h. Screening.
i. Tree plantings may be required to screen portions of the telecommunications tower
and accessory structures from nearby residential property as well as from public sites
known to include important views or vistas. The standard buffer shall consist of a
landscaped strip at least 4 feet wide outside the perimeter of the compound.
ii. Where a site adjoins a residential property or public property, including streets,
screening suitable in type, size and quantity shall be required by the Town Council.
iii. The applicant shall demonstrate to the approving board that adequate measures have
been taken to screen and abate noise emanating from on-site equipment, including but not
limited to heating and ventilating units, air conditioners, and emergency power

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generators. Telecommunications towers shall comply with all applicable sections of this
chapter as it pertains to noise control and abatement.
i. Utility Services Antennas.
i. If placed on another utility structure such as a water tower, the antenna shall be
painted to blend with the building or equipment it is placed on.
ii. If a separate tower structure is used, the design shall comply with the provisions in
this section.
j. Data-Only and Information Service Facilities. To the maximum extent permitted by federal
and state law, any wireless facility used exclusively for the provision of an information
service, data collection, telemetry, machine-to-machine communication, sensing, monitoring,
or another service that does not constitute a personal wireless service under 47 U.S.C. §
332(c)(7)(C) or a telecommunications service protected by 47 U.S.C. § 253 shall be installed
underground or flush with grad, including its antenna, antenna equipment and accessory
equipment, where technically feasible. An applicant seeking above-ground installation shall
demonstrate through clear and convincing technical evidence that underground or flush-tograde installation would prevent the facility from performing its intended function and that
the proposed above-ground installation is the least visually intrusive technically feasible
alternative.
Nothing in this subsection shall require underground placement to the extent the applicant
demonstrates that such requirement is expressly prohibited or preempted by applicable federal
or Arizona law.
4. Lighting. Towers shall not be artificially lighted, unless required by the FAA or other
applicable authority. If lighting is required, the lighting alternatives and design chosen must cause
the least disturbance to the surrounding views and, to the degree possible while complying with
FAA requirements, meet the standards set in Zoning Ordinance Chapter 8, Outdoor Lighting
Control.
5. Measurement. For purposes of measurement, tower setbacks and separation distances shall be
calculated and applied to facilities located in the Town of Fountain Hills irrespective of municipal
and county jurisdictional boundaries.
6. Not Essential Services. Towers and antennas shall be regulated and permitted pursuant to this
chapter and shall not be regulated or permitted as essential services, public utilities, or private
utilities.
7. Franchises. Owners and/or operators of towers or antennas shall certify that all franchises
required by law for the construction and/or operation of a wireless communication system in the

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Town of Fountain Hills have been obtained and shall file a copy of all required franchises with the
Community Development Director.
8. Signs. No signs other than those required by law shall be allowed on an antenna or tower.
9. Co-location and Multiple Antenna/Tower Plan. The Town of Fountain Hills encourages tower
and antenna users to submit a single application for approval of multiple towers and/or antenna
sites and to submit applications, which utilize co-location with an existing wireless
telecommunications provider. Applications for approval of multiple sites or for co-location with
an existing provider shall be given priority in the review process.
10. Security fencing. PWSF shall be enclosed by security fencing not less than 6 feet in height
and no more than 8 feet in height, shall be constructed of a block or masonry, and shall be
equipped with an appropriate anti-climbing device; provided, however, that the Town Council
may waive such requirements, as it deems appropriate.
11. Noise. Submission of applications for towers and associated equipment placed above grade,
including backup generators or power supplies, shall include noise and acoustical information,
prepared by a qualified firm or individual, for the base transceiver station(s), equipment buildings,
and associated equipment such as air conditioning units and backup generators. The Town may
require the applicant to incorporate appropriate noise baffling materials and/or strategies to avoid
any ambient noise from equipment reasonably likely to exceed the applicable noise regulations
contained in Section 11-1-7 of the Town Code.
12. Arizona Licensed Engineer. Any information of an engineering nature that the applicant
submits, whether civil, mechanical, or electrical, shall be certified by an Arizona licensed
professional engineer.
13. Verification by Town Engineer. Application approval issued under this chapter shall be
conditioned upon verification by the Town Engineer or designee that such tower structure is
structurally sound. Such verification shall be received by the applicant prior to submission.
14. Access and Parking. Areas sufficient for access to the tower and equipment location and for
temporary off-street parking of at least two vehicles shall be provided. The type and configuration
of the access and parking shall be subject to the standards set forth in Zoning Ordinance Chapter
7, Parking and Loading Requirements.
15. Minimum Height of Antennas. All antennas shall be located such that:
a. Any person walking adjacent to the transmitting surface of the antenna will be walking on a
grade that is a minimum of eight and one-half (8.5) feet below the transmitting surface; and,
b. No person at ground level will be exposed to an exposure level that is higher than allowed
by the FCC’s general population exposure rules.

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16. Fall Zone. Each new tower shall maintain a fall zone having a radius of not less than one
hundred twenty-five percent (125%) of the total height of the tower, measured from the base of
the tower. The fall zone of any tower, pole shall not overlap, in whole or in part, any portion of a
public sidewalk, street, alley, right-of-way, or occupied building.
B. Minimum Setbacks and Separations.
1. Setbacks From Property Lines. Except for utility service antennas, the following setback
requirements shall apply to all towers; provided, however, that the Town Council may reasonably
reduce the standard setback requirements if the goals of this chapter would be better served
thereby:
a. Towers must be set back a distance equal to at least one hundred fifty percent (150%) of
the height of the tower from any adjoining lot line. For guyed towers, the required setback
shall be measured from the outermost guy wire anchor point, and shall additionally account
for the manufacturer's or structural engineer's certified guy-wire failure/whip radius. In no
case shall a guy wire anchor, guy wire, or its calculated failure radius be located within 500
feet of an occupied structure, public right-of-way, or property line, whichever is more
restrictive.
b. Accessory buildings must satisfy the minimum zoning district setback requirements.
2. Separations From Adjacent Uses. Except for utility service antennas, the following separation
requirements shall apply to all towers and antennas.
a. Separation From Residential Uses, Schools, and Daycare Centers.
i. Tower separation shall be measured from the base of the tower to the lot line of the
residential uses.
ii. Separation requirements for towers shall be 500 feet from any residentially zoned or
used land including mixed-use.
The Town Council may reduce the standard separation requirements to 300’ if, through
information and data presented, the Council determines the goals of this chapter would
be better served thereby.
iii. Separation requirements for towers shall be 500 feet away from public or private K12 schools and licensed daycare facilities unless an applicant establishes that a lesser
setback is necessary to close a significant gap in the applicant's personal communication
service and the proposed tower is the least intrusive means to do so.
b. Separation Distances Between Towers. Separation distances between towers shall be
applicable for and measured between the proposed tower and pre-existing towers. The

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separation distances shall be measured by drawing or following a straight line between the
base of the existing tower and the proposed base, pursuant to a site plan, of the proposed
tower. The separation distances (listed in linear feet) shall be as shown in Table 17.03 B.
Table 17.03 B. Separation Distances Between Towers
Monopole 65 ft. in
height or greater

Monopole less than 65 ft. in
height but greater than 40 ft.

Monopole less than 40
ft. in height

in height

Monopole 65 ft. in height or greater

2,500 feet

2,000 feet

1,500 feet

Monopole less than 65 ft. in height but

2,000 feet

2,000 feet

1,500 feet

1,500 feet

1,500 feet

1,000 feet

greater than 40 ft. in height
Monopole less than 40 ft. in height

C. Buildings or Other Equipment Storage.
1. Antennas Mounted on Structures or Rooftops. The equipment cabinet or structure used in
association with antennas shall comply with the following:
a. Unless approved otherwise by the Town Council for good cause shown, but located in an
underground vault.
b. If located above ground:
i. The cabinet or structure shall not contain more than 120 square feet of gross floor area
or be more than 8 feet in height and shall be located on the ground.
ii. Equipment storage buildings or cabinets shall comply with all applicable building
codes.
2. Antennas Mounted on Utility Poles, Light Poles, or Towers. The equipment cabinet or
structure used in association with antennas shall be located, unless otherwise approved by the
Town Council in an underground vault. If approved to be above ground, then in accordance with
the following:
a. In residential districts, the equipment cabinet or structure may be located:
i. In a required front yard or required street side yard, provided the cabinet structure is
no greater than 3.5 feet in height and 20 square feet of gross floor area and the
cabinet/structure is located a minimum of 3 feet from all lot lines. The cabinet/structure

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shall be screened by sight obscuring landscaping which obscures at least ninety-five
percent (95%) of the structure at planting and throughout the duration of the cabinet or
structure’s existence with an ultimate height not to exceed forty-two (42) inches.
ii. In a required rear yard, provided the cabinet or structure is no greater than 5 feet in
height or 120 square feet in gross floor area. The cabinet/structure shall be screened by
sight obscuring landscaping which obscures at least ninety-five percent (95%) of the
structure at planting and throughout the duration of the cabinet or structure’s existence
with an ultimate height of 6 feet.
iii. The entry or access side of a cabinet or structure shall be gated by a solid, sightobscuring gate that is separate from the cabinet or structure.
b. In commercial or industrial districts the equipment cabinet or structure shall be no greater
than 14 feet in height or 300 square feet in gross floor area. The structure or cabinet shall be
screened by sight-obscuring landscaping with an ultimate height of 16 feet and a planted
height of at least 6 feet. The entry or access side of a cabinet or structure shall be gated by a
solid, sight-obscuring gate that is separate from the cabinet or structure. Such access way
shall not face residentially zoned property.
3. Modification of Building Size Requirements. In the case of wireless facilities considered by the
Town Council, the requirements of subsections (C)(1) and (C)(2) of this section may be modified
by the Town Council to address site specific conditions and requirements.
4. Battery Safety. Any battery energy storage or backup power system installed in connection
with a PSWF shall utilize lithium ion phosphate (LiFePO4 or LPE) batteries, which are less prone
to thermal runaway and fire hazard. All battery systems shall comply with applicable fire,
electrical, building, and product-safety codes and standards.
D. Co-location.
1. Any new telecommunications tower shall be designed to accommodate future shared use by
other communications providers. Design considerations shall include sufficient area for additional
ground equipment, structural design of the tower, and sufficient electrical power available for the
load of at least two (2) additional wireless service providers.
2. Good Faith. Applicants and permittees shall cooperate and exercise good faith in co-locating
wireless telecommunications facilities on the same support structures or site, if the Town so
requests. Good faith shall include sharing technical information to evaluate the feasibility of colocation, and may include negotiations for erection of a replacement support structure to
accommodate co-location. A competitive conflict to co-location or financial burden caused by
sharing such information normally will not be considered as an excuse to comply with this
section.

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3. Third Party Technical Review. In the event a dispute arises as to whether a permittee has
exercised good faith in accommodating other users, the Town may require the applicant to obtain
a third-party technical study at the applicant’s expense. The Town may review any information
submitted by the applicant and permittee(s) in determining whether good faith has been exercised.
4. Exceptions. No co-location may be required where the shared use would or does result in
significant interference in the broadcast or reception capabilities of the existing wireless
telecommunications facilities or failure of the existing wireless telecommunications facilities to
meet federal standards for emissions.
5. Violation; penalty. Failure to comply with co-location requirements when feasible may result
in denial of a permit request or revocation of an existing permit. (24-08, Amended, 09/04/2024, Deleted
and replaced)

Section 17.04 Application Types
A. Administrative. The following types of applications are processed administratively by staff:
1. Applications to change or modify an existing administratively approved wireless
communication facility that remains in compliance with all chapter requirements.
2. Applications to change or modify an existing wireless communication facility approved
through public review; provided, that the modification will not:
a. Increase the approved height of the supporting structure by more than ten percent (10%)
or 20 feet, whichever is greater;
b. Cause the original approved number of antennas to be exceeded by more than fifty
percent (50%);
c. Increase the original approved square footage of accessory buildings by more than 200
square feet;
d. Add new, additional, or larger microwave antenna dishes;
e. Expand the footprint of said support structure; or
f. Potentially cause significant adverse impacts on the existing support structure or the
surrounding area.
3. Applications for co-location of additional antenna for an additional service provider on an
existing administratively approved tower that remains in compliance with all chapter
requirements.

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4. Applications for co-location of additional antenna for an additional service provider on an
existing tower approved through public review; provided, that the modification will not:
a. Increase the approved height of the supporting structure by more than ten percent (10%)
or 20 feet, whichever is greater;
b. Cause the original approved number of antennas to be exceeded by more than fifty
percent (50%);
c. Increase the original approved square footage of accessory buildings by more than 200
square feet;
d. Add new, additional, or larger microwave antenna dishes;
e. Expand the footprint of said support structure; or
f. Potentially cause significant adverse impacts on the existing support structure or the
surrounding area.
5. Applications for new utility service antenna that comply with the height and setback
requirements of the zoning district in which they are located.
6. Applications for mobile or temporary wireless facilities for more than seven (7) consecutive
days. An application shall identify the proposed location, purpose, date of installation, anticipated
duration of use, maximum height, equipment to be installed, and measures necessary to ensure
public and structural safety. The permit shall specify the period during which the mobile or
temporary tower or facility may remain at the site, after which the Tower or Facility and all
associated equipment shall be removed unless an extension is approved by the Town. Application
materials shall include:
a. Proof of event, emergency, or documented capacity need;
b. A site plan showing setback and fall zone compliance; and
c. Proof of general liability insurance per Section 17.06.G.1.
B. Public Review.
1. Any new tower or modification to existing towers or antennas that do not meet the
requirements in subsection (A) of this section for administrative review shall require review and
approval as provided in subsection 17.05 (C).
2. Any new tower not meeting the setback or separation requirements in Section 17.03 (B).

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Section 17.05 Application Submittal, Review, and Processing
A. General. Unless waived in writing by Zoning Administrator, the following provisions shall
govern the review of all wireless communication facility applications:
1. Complete Application. Applications for wireless communication facilities shall be filed
electronically on the Town’s website by an owner of real property and shall contain the area
proposed for the wireless communication facility using the process established by the Director for
such applications. All such applications shall include the information required in this section.
Applications filed on behalf of the property owner by a third party shall include a statement from
the property owner authorizing the submittal of the application.
2. Applications shall include documentation of compliance with items listed in Section 17.03(A)
as applicable to the application submitted.
3. Inventory of Existing Sites. Each applicant for a new tower or co-location of new antenna on
an existing tower shall provide to the Development Services Director an inventory of its existing
towers, antennas, or sites approved for towers or antennas, that are either within the jurisdiction of
the Town of Fountain Hills or within one (1) mile of the border thereof, including specific
information about the location, height, and design of each tower. Each applicant shall also provide
a one (1) year build-out plan for all other wireless communications facilities within the Town. The
Development Services Director may share such information with other applicants applying for
administrative approvals or special use permits under this chapter or with other organizations
seeking to locate antennas within the jurisdiction of Town of Fountain Hills; provided, however,
that the Development Services Director is not, by sharing such information, in any way
representing or warranting that such sites are available or suitable.
4. Utility Service Antennas.
a. If the antenna complies with the height requirements of the underlying zoning district, the
plans for the antenna will be reviewed and approved with the overall site development plans
if the site is being developed concurrently. If the antenna is being added to an existing utility
site, the plans will be reviewed and processed consistent with the requirements of subsection
(C)(2) of this section.
b. If the antenna does not comply with the height requirements of the underlying zoning
district, the plans for the antenna will be reviewed and processed consistent with the
requirements of subsection (C)(3) of this section.
5. A list of the full names and contact information for all applicants, co- applicants, facility
owner(s), facility operator(s), site developer(s), and wireless carrier(s), property owner(s) and
other related third parties and their agent(s), if any, on whose behalf the application is being
submitted.

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6. Proof of Authorization for Site Occupancy. Where an applicant is not the owner of the real
property upon which it seeks to install its equipment or facility, it shall submit proof of
authorization to occupy the site at issue.
If the applicant is leasing all or a portion of real property upon which it intends to install its
facility or equipment, then the applicant shall provide a written copy of its lease with the owner of
such property. The applicant may redact any financial terms contained within the lease, but it shall
not redact any portion of the lease which details the amount of area leased nor the specific portion
of the real property to which the applicant has obtained the right to occupy, access, or preclude
others from entering.
Where an applicant seeks to Co-Locate new equipment into an existing facility, it shall provide a
copy of its written co-location agreement with the owner of such pre-existing facility, from which
it may redact any financial terms.
7. Fire Safety: The applicant shall submit a Fire Safety Plan that includes a general description of
the personal wireless services facility for purposes of ensuring the Fire Department is fully
informed and prepared in case of a fire. The Fire Safety Plan shall include:
a. Location of all Fire Safety Plan documents.
b. Location of the facility’s alarm panel.
c. List of emergency contacts.
d. Specific responsibilities assigned to designated personnel.
e. Location of signal-processing equipment.
f. Location and listing of types of power equipment, including rectifiers, inverters,
distribution cabinets, bus bars, cables, and communications raceways.
g. Listing and location of batteries, including description of quantities and types of batteries,
specifying whether batteries are lithium-ion, nickel cadmium, sodium-nickel, valve-regulated
lead acid, and/or vented, and description of any associated exhaust ventilation system(s).
h. Description of actions to detect and prevent thermal runaway events.
i. Description of whether the facility will be located in a lightning-prone area. If the facility is
to be located in a lightning-prone area, description of how the facility shall comply with
NFPA 780 Standard for the Installation of Lightning Protection Systems;
j. Description of location and types of fuses used to ensure that if the wireless transmission
facility experiences overcurrent resulting from current exceeding the rating of equipment or
the ampacity of a conductor, the facility shall turn off temporarily.

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k. Depowering procedures including identification of locations of electrical depowering
devices, which include:
i. Coded floor prints located in the Fire Safety Plan document;
ii. Facility signage to direct fire personnel to depowering locations;
iii. The method of turning off power to the following:
1) Alternating current power board. This is the primary source of electric power for a
telecommunications facility and is supplied by the local power company.
2) Standby power generator. This unit, usually a turbine or diesel generator, provides
standby ac power that is transferred manually or automatically whenever a loss of ac
power is experienced.
3) Direct current primary disconnect fuse or circuit breaker bay. This unit distributes
dc power to the secondary fuse or circuit breaker panels throughout the central office.
The secondary fuse or circuit breaker panels feed all the operating voltages to the
central office branch circuits.
4) Uninterruptible power supply (UPS)
5) HVAC systems serving the facility
6) Alternative energy devices, such as wind turbines, fuel cells, photovoltaic systems,
or other devices providing power to the facility.
l. Detailed electrical designs, signed and stamped by a licensed electrical engineer, demonstrating
compliance with the Building, Electric and Fire Code. The Code compliance demonstration shall
include all necessary underlying calculations and inputs, including but not limited to:
a. A short circuit and coordination study (“SCCS”) calculated pursuant to the IEEE 551-2006:
Recommended Practice for Calculating AC Short-Circuit Currents in Industrial and Commercial
Power Systems or the latest version of that standard. The study must demonstrate the protection
devices will ensure the equipment enclosure will not be breached. The SCCS must include
analysis of Voltage Transient Surges due to contact of conductors of different voltages;
b. A one-line diagram of the electrical system;
c. Voltage Drop & Load Flow Study;
d. Load Calculation;
e. Panel Directories;
8. Soil Erosion and Sedimentation Control: A soil erosion and sedimentation control plan,
prepared in accordance with the standards as established by the Town Engineering Division.

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9. Engineer’s Report: For the construction of all new wireless facilities and to the extent not
already mandated herein, the applicant shall provide a report prepared and certified by a
professional engineer certifying the integrity and safety of all proposed new towers and/or
structures and indicating the location, type, and height of the proposed personal wireless services
facility, antenna capacity, on-site and abutting off-site land uses, means of access, setbacks from
property lines, all applicable American National Standards Institute (ANSI) technical and
structural codes. To the extent that an application proposes the co-location of new equipment onto
an existing tower or personal wireless services facility, the applicant shall provide an engineer's
report certifying that the proposed shared use will not diminish the structural integrity and safety
of the existing structure and explaining what modifications, if any, will be required in order to
certify above.
10. Visual Impact Analysis. The applicant shall provide a completed visual impact analysis that
shall include the following:
a. A “Zone of Visibility Map” to determine locations from where the new facility will be
seen.
b. A visual impact analysis which shall include photographic images taken from the
perspectives of the properties situated in closest proximity to the location being proposed for
the siting of the facility, as well as those properties which would reasonably be expected to
sustain the most significant adverse aesthetic impacts due to such factors as their close
proximity to the site, their elevation relative to the site, the existence or absence of a “clear
line of sight” between the tower location and their location.
The photographic images shall depict the height at which the proposed facility shall stand when
completed, including all portions and proposed attachments to the facility, including, but not
limited to, the main support structure, all antennas, transmitters, whip antennas, lightning rods, tbars, crossbars, and cantilever attachments which shall, in whole or in part, be affixed to it, any
and all surrounding equipment compound(s), fencing, cellular equipment cabinets, transformers,
transformer vaults and/or cabinets, sector distribution boxes, ice bridges, backup generators,
including but not limited to equipment boxes, switch boxes, backup generators, ice bridges, etc.,
to the extent that any of such compound and/ or equipment will be visible from properties other
than the property upon which the proposed tower and compound are to be installed.
The photographic images shall show the maximum silhouette, viewshed analysis, color and finish
palette, and proposed screening and landscaping. The analysis shall include the results of the
drone/balloon test, and other information as necessary to determine visual impact of the facility.
The analysis shall include a map depicting where the photos were taken. Where consistent with
the natural or built environment, the analysis shall include a native vegetation landscaping plan
with a visual simulation of how the chosen plants, at maturity, will screen the site.

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11. For proposed towers and facilities taller than 100 feet, the applicant shall perform a balloon
test and shall publish reasonably advanced public notice of the same to enable the Reviewing
Authority, property owners, and the community an opportunity to assess the actual adverse
aesthetic impact which the proposed facility is likely to inflict upon the nearby properties and
surrounding community. The balloon test shall be conducted for not less than eight consecutive
hours between 7:00 a.m. and 6:00 p.m. The primary test shall be conducted on a weekend. Said
date and time will be established by the Development Services Director in coordination with the
applicant, including an alternative date in case of inclement weather. If a balloon is used, the
diameter shall be equal to the largest antenna or dish proposed for the CRS tower or the width of
the tower, whichever is larger. The applicant will be responsible for publishing a public notice of
the balloon test in at least one local newspaper publication and notifying abutters owning property
within one thousand (1,000) feet radius, via U.S. Mail at least one week prior to the test.
12. If the application is for a facility that will not be attached to an existing utility pole and the
facility’s proposed height will be greater than 30 feet then structural elevations of the facility(ies)
shall include any trees and other structures within twenty (20’) feet, and their height.
13. Environmental Assessment Form. A completed environmental assessment form (EAF) and a
completed visual EAF addendum if required by ADEQ.
14. FCC Compliance Report.
An FCC compliance report, prepared by a licensed engineer, and certified under penalties of
perjury, that the content thereof is true and accurate, wherein the licensed engineer shall certify
that the proposed facility will be FCC compliant as of the time of its installation, meaning that the
facility will not expose members of the general public to radiation levels that exceed the
permissible radiation limits which the FCC has set.
If it is anticipated that more than one carrier and/or user is to install transmitters into the facility,
the FCC compliance report shall take into account anticipated exposure from all users on the
facility and shall indicate whether or not the combined exposure levels will or will not exceed the
permissible General Population Exposure Limits, or alternatively, the occupational Exposure
Limits, where applicable.
Such FCC Compliance Report shall provide the calculation or calculations with which the
engineer determined the levels of RF radiation and/or emissions to which the facility will expose
members of the general public.
On the cover page of the report, the report shall explicitly specify: (a) Whether the applicant and
their engineer are claiming that the applicable FCC limits based upon which they are claiming
FCC compliance are the General Population Exposure Limits or the Occupational Exposure
Limits. If the applicant and/or their engineer are asserting that the Occupational Exposure Limits
apply to the proposed installation, they shall detail a factual basis as to why they claim that the

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higher set of limits is applicable, (b) The exact mi nimum distance factor, measured in feet,
which the applicant’s engineer used to calculate the level of radiation emissions to which the
proposed facility will expose members of the general public. The minimum distance factor is the
closest distance (i.e., the minimum distance) to which a member of the general public shall be
able to gain access to the transmitting antennas mounted upon, or which shall be a part of, the
proposed facility.
15. FCC License. A copy of any applicable Federal Communications Commission license
possessed by any carrier named as an applicant, co-applicant, or whose equipment is proposed for
installation as of the time the application is being filed with the Town.
16. Effective Prohibition Claims.
a. The Town is aware that applicants seeking approvals for the installation of new wireless
Facilities often assert that federal law, and more specifically the TCA, prohibits the local
government from denying their respective applications.
In doing so, they assert that their desired facility is “necessary” to remedy one or more
significant gaps in a carrier’s personal wireless service, and they proffer computer-generated
propagation maps to establish the existence of such purported gaps.
The Town is additionally aware that, in December 2018, driven by a concern that propagation
maps created and submitted to the FCC by wireless carriers were inaccurate, the FCC caused
its staff to perform actual drive tests, wherein the FCC staff performed 24,649 tests, driving
nearly ten thousand (10,000) miles through twelve (12) states, with an additional 5,916
stationary tests conducted at 42 locations situated in nine (9) states.
At the conclusion of such testing, the FCC Staff determined that the accuracy of the
propagation maps submitted to the FCC by the wireless carriers had ranged from as little as
16.2% accuracy to a maximum of 64.3% accuracy.
As a result, the FCC Staff recommended that the FCC no longer accept propagation maps
from wireless carriers without supporting drive test data to establish their accuracy. A copy of
the FCC Staff’s 66-page report is made a part of this Chapter as Appendix 1.
The Town considers it of critical import that applicants provide truthful, accurate, complete,
and sufficiently reliable data to enable the Town Council to render determinations upon
applications for new wireless facilities consistent with this Chapter’s requirements and the
TCA’s statutory requirements.
Consistent with same, if, at the time of filing an application under this Chapter, an applicant
intends to assert before the Town Council or the Town that: (a) an identified wireless carrier
suffers from a significant gap in its personal wireless services within the Town, (b) that the
applicant’s proposed installation is the least intrusive means of remedying such gap in

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services, and/or (c) that under the circumstances pertaining to the application, a denial of the
application by the Town Council would constitute an “effective prohibition” under Section 47
U.S.C. §332 the TCA, then, at the time of filing such application, the applicant shall be
required to file a written statement which shall be entitled:
“Notice of Effective Prohibition Conditions”
If an applicant files a Notice of Effective Prohibition Conditions, then the applicant shall be
required to submit Probative Evidence to enable the Town Council to reasonably determine:
i. Whether or not the conditions alleged by the respective applicant exist,
ii. Whether there exists a significant gap or gaps in an identified wireless carrier’s
personal wireless services within the Town,
iii. The geographic locations of any such gaps, and
iv. The geographic boundaries of such gaps, to enable the Town Council to determine
whether granting the respective application would be consistent with the requirements of
this Chapter and the legislative intent behind same, and whether or not Federal law would
require the Town Council to grant the respective application, even if it would otherwise
violate the Town Code, including, but not limited to, this Chapter.
b. The additional materials which the applicant shall then be required to provide shall include
the following:
i. Drive Test Data and Maps. If, and to the extent that an applicant claims that a
specific wireless carrier suffers from a significant gap in its personal wireless services
within the Town, the applicant shall conduct or cause to be conducted a drive test within
the specific geographic areas within which the applicant is claiming such gap or gaps
exist, for each frequency at which the carrier provides personal wireless services. The
applicant shall provide the Town and the Town Council with the actual drive test data
recorded during such drive test, in a simple format which shall include, in table format:
1) The date and exact time of day for the test or tests,
2) The location, in longitude and latitude, of each point at which signal strength was
recorded and
3) Each signal strength recorded, measured in DBM, for each frequency. Such data
is to be provided in a separate table for each frequency at which the respective carrier
provides personal wireless services to any of its end-use customers.

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4). The applicant shall also submit drive test maps depicting the actual signal
strengths recorded during the actual drive test for each frequency at which the carrier
provides personal wireless services to its end-use customers.
If an applicant claims that it needs a “minimum” signal strength (measured in DBM)
to remedy its gap or gaps in service, then for each frequency, the applicant shall
provide three (3) signal strength coverage maps reflecting actual signal strengths in
three (3) DBM bins, the first being at the alleged minimum signal strength, and two
(2) additional three (3) DBM bin maps depicting signal strengths immediately below
the alleged minimum signal strength claimed to be required.
By way of example, if the applicant claims that it needs a minimum signal strength of
– 95 DBM to remedy its alleged gap in service, then the applicant shall provide maps
depicting the geographic area where the gap is alleged to exist, showing the carrier’s
coverage at – 95 to -98 DBM, -99 to -101 DBM, and -102 to -104 DBM, for each
frequency at which the carrier provides personal wireless services to its end-use
customers.
ii. Denial of Service and/or Dropped Call Records. If and to the extent that an applicant
claims that a specific wireless carrier suffers from a capacity deficiency or a gap in
service that renders the carrier incapable of providing adequate coverage of its personal
wireless services within the Town, then the applicant shall provide dropped call records
and denial of service records evidencing the number and percentage of calls within which
the carrier’s customers were unable to initiate, maintain and conclude the use of the
carrier’s personal wireless services without actual loss of service, or interruption of
service.
iii. The equipment and methodology used.
iv. A list of any concurrent special events, festivals, road closures, or unusual network
conditions occurring in the test area during the test period.
17. Estimate for Cost of Removal of Facility. At or prior to the filing of an application for a
special use permit for the installation of a new personal wireless service facility, each respective
applicant shall provide a written estimate for the cost of the decommissioning and removal of the
facility, including all equipment that comprises any portion or part of the facility, compound
and/or complex, as well as any accessory facility or structure, including the cost of the full
restoration and reclamation of the site, to the extent practicable, to its condition before
development in accord with the decommissioning and reclamation plan required herein. The
Town Council’s Engineer shall review this estimate. A bond for the cost of removal as required in
Sec. 17.06 A. 2. shall be filed prior to commencement of construction.

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18. Property Owner Consent & Liability Acknowledgement. A signed written consent from each
owner of the subject real property upon which the respective applicant is seeking installation of its
proposed personal wireless service facility, wherein the owner or owners both authorize the
applicant to file and pursue its application and acknowledge the potential landowner’s
responsibility, under Section 17.08 for engineering, legal and other consulting fees incurred by the
Town.
19. Applications Using Existing Towers.
a. Dimensioned, to-scale drawings showing the existing and proposed antenna on the tower
including the height of the tower and the antennas.
b. The number and type of existing and proposed antennas.
c. Engineering calculations documenting the structural changes and certifying the tower’s
ability to carry the new antennas.
d. Dimensioned, to-scale drawings illustrating modification of ground equipment, if any.
20. Applications Using New Towers
In addition to any information required for applications for special use permits pursuant to
Chapter 2, Section 2.02, applicants for a new wireless facility shall submit the following
information:
a. A site plan as required in Section 2.04 plus zoning, General Plan classification of the site
and all properties within the applicable separation distances set forth in Section 17.03(B)(1),
adjacent roadways, proposed means of access, elevation drawings of the proposed tower and
any other structures, photo simulations showing the tower in the proposed location from at
least four (4) directions, and other information deemed by the Development Services Director
to be necessary to assess compliance with this chapter.
b. The setback distance between the proposed tower and the nearest residential unit and
residentially zoned properties. Include an illustration of the fall zone for the tower.
c. The separation distance from other towers described in the inventory of existing sites
submitted pursuant to Section 17.03(B)(2) shall be shown on an updated site plan or map. The
applicant shall also identify the type of construction of the existing tower(s) and the
owner/operator of the existing tower(s), if known.
d. Method of fencing, and finished color and, if applicable, the method of camouflage and
illumination.
e. A description of compliance with Sections 17.03(A)(3), 17.03(A)(4), 17.03(A)(5),
17.03(A)(7), 17.03(A)(8), 17.03(A)(9), 17.03(A)(10), 17.03(A)(11), 17.03(B), subsection

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(A)(3) of this section, Sections 17.06(A) and 17.06(B) and all applicable federal, state or local
laws.
f. A notarized statement by the applicant as to whether construction of the tower will
accommodate collocation of additional antennas for future users.
g. Identification of the entities providing the backhaul network for the tower(s) described in
the application and other cellular sites owned or operated by the applicant in the municipality.
h. Alternatives Analysis. An itemized list of alternative sites considered, with a
comprehensive explanation of reasons alternative sites are not technologically feasible.
Explanation shall include specific comparative analysis of how different sites would impact
aesthetic values, and other environmental values.
i. A description of the feasible alternative location(s) of future towers or antennas within the
Town of Fountain Hills based upon existing physical, engineering, technological or
geographical limitations in the event the proposed tower is erected.
j. A statement of compliance with Federal Communications Commission (FCC) radio
frequency (RF) exposure standards.

k. A biological resource survey addressing potential impacts to locally present protected
or sensitive species, including but not limited to the Sonoran Desert Tortoise (Gopherus
morafkai). The survey shall include the following:
i. A proposed facility description including location, height of tower as measured
from the ground, description of associated equipment, width and length of access
roads and driveways, and length and right-of-way width of power and
communication lines;
ii. Existing biological resources on-site including quantification of vegetation and
habitat types, color photo documentation of on-site and surrounding vegetation, a
description of water resources, potential habitat for federal and state-listed species,
and sensitive species habitats;
iii. The results of any focused surveys for federally listed species (if required); and
iv. Impacts to biological resources including quantification of the habitat to be
removed as a result of the proposed facility.
The director may waive this requirement based on a finding that existing information
verifies the lack of such biological resources on the site.

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20. Filing Fee. Payment of a filing fee in an amount established by a schedule adopted by
resolution of the Council and filed in the offices of the Town Clerk. No part of the filing fee shall
be returnable.
B. Shot Clocks and Tolling. To comply with the requirements of Section 47 U.S.C. §332(c)(7)(B)(ii)
of the TCA, the following shot clock periods set forth hereinbelow shall be presumed to be reasonable
periods within which the Town shall render determinations upon applications for wireless
communication facilities.
The Town shall render determinations upon such applications within the periods set forth
hereinbelow, unless the applicable shot clock period listed below is tolled, extended by agreement or
the processing of the application is delayed due to circumstances beyond the Town’s control.
1. Application Shot Clocks.
a. Receipt of Initial Application. Upon receipt of an application, the Development Services
Director, or designee, shall review the application for completeness. If the Director
determines the application is: (i) incomplete, (ii) missing required application materials, (iii)
is the wrong type of application, or (iv) is otherwise defective, then, within ten (10) days for
administrative applications and thirty (30) days for public hearing applications of the Town’s
receipt of the application, the Director, or their designee, shall notify the applicant of the
finding and state what is needed to have a complete application.
The notice of incompleteness shall toll the shot clock, which shall not thereafter resume
running unless and until the applicant tenders an additional submission to the Director to
remedy the issues identified in the notice of incomplete application. The submission of any
responsive materials by the applicant shall automatically cause the shot clock period to
resume running.
If upon receipt of any additional materials from the applicant, the Director determines that the
application is still incomplete and/or defective, then the Director shall, once again notify the
applicant within ten (10) days for administrative applications and thirty (30) days for public
hearing applications of the applicant having filed its supplemental or corrected materials to
the Town and the shot clock shall once again be tolled, and the same procedure provided for
hereinabove shall be repeated.
If Applicant does not cure the stated deficiencies within 30 days, the application shall be
considered withdrawn or closed.
b. Application Review. The shot clock for administrative applications is ninety (90) days.
The shot clock for applications with new towers, monopoles, utility poles and other wireless
facilities that trigger public review applications is one hundred fifty (150) days.

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2. Shot Clock Tolls, Extensions and Reasonable Delay Periods. Consistent with the letter and
intent of Section 47 U.S.C. §332(c)(7)(B)(ii) of the TCA, each of the shot clock periods set forth
within subsection (B) of this section shall generally be presumed to be sufficient periods within
which the Town shall render decisions upon applications.
Notwithstanding the same, the applicable shot clock periods may be tolled, extended by mutual
agreement between any applicant and/or its representative and the Town, and the Town shall not
be required to render its determination within the shot clock period presumed to be reasonable for
each type of application, where the processing of such application is reasonably delayed, as
described hereinbelow.
a. Tolling of the Applicable Shot Clock Due to Incompleteness and/or Applicant Error. As
provided for within subsection (B)(1) of this section, in the event that the Development
Services Director deems an application incomplete, the Director shall send a notice of
incompleteness to the applicant to notify the applicant that its application is incomplete and/or
contains material errors, and shall reasonably identify the missing information and/or
documents and/or the error(s) in the application.
If the Director sends a notice of incompleteness as described hereinabove, the applicable shot
clock shall automatically be tolled, meaning that the applicable shot clock period within
which the Town is required to render a final decision upon the application shall immediately
cease running, and shall not resume running, unless and until the Town receives a responsive
submission from the applicant.
If and when the applicant thereafter submits additional information in an effort to complete its
application, or cure any identified defect(s), then the shot clock shall automatically resume
running, but shall not be deemed to start running anew.
The applicable shot clock period shall, once again, be tolled if the Director thereafter provides
a second notice that the application is still incomplete or defective, despite any additional
submissions which have been received by the Town, from the applicant, up to that point.
b. Shot Clock Extension by Mutual Agreement. The Town shall be free to extend any
applicable shot clock period by mutual agreement with any respective applicant. This
discretion on the part of the Town shall include the Town’s authority to request, at any time,
and for any period of time the Town may deem reasonable or appropriate under the
circumstances, consent from a respective applicant to extend the applicable shot clock period
to enable the Town, the applicant, or any relevant third party, to complete any type of
undertaking or task related to the review, analysis, processing, and determination of the
particular application, which is then pending before the Town, to the extent that any such
undertaking, task, or review is consistent with, or reasonably related to, compliance with any
federal, state, or local law and/or the requirements of any provision of the Town Code,
including but not limited to this chapter.

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In response to any request by the Town, the applicant, by its principal, agent, attorney, site
acquisition agent, or other authorized representative, can consent to any extension of any
applicable shot clock by affirmatively indicating its consent either in writing or by
affirmatively indicating its consent on the record at any public hearing or public meeting. The
Town shall be permitted to reasonably rely upon a representative of the applicant indicating
that they are authorized to grant such consent on behalf of the respective applicant, on whose
behalf they have been addressing the Town within the review process.
c. Reasonable Delay Extensions of Shot Clock Periods. The Town recognizes that there may
be situations wherein, due to circumstances beyond the control of the Town and/or the Town
Council, the review and issuance of a final decision upon an application for a wireless
communication facility cannot reasonably be completed within the application shot clock
periods delineated within subsection (B) of this section.
If, despite the exercise of due diligence by the Town, the determination regarding a specific
application cannot reasonably be completed within the applicable shot clock period, the Town
shall be permitted to continue and complete its review and issue its determination at a date
beyond the expiration of the applicable period, if the delay of such final decision is due to
circumstances including, but not limited to, those enumerated hereinbelow, each of which
shall serve as a reasonable basis for a reasonable delay of the applicable shot clock period.
i. In the event that the rendering of a final decision upon an application under this
chapter is delayed due to natural and/or unnatural events and/or forces which are not
within the control of the Town, such as the unavoidable delays experienced in
government processes due to the COVID 19 pandemic, and/or mandatory compliance
with any related federal or state government orders issued in relation thereto, such delays
shall constitute reasonable delays which shall be recognized as acceptable grounds for
extending the period for review and the rendering of final determinations beyond the
period allotted under the applicable shot clock.
ii. In the event that applicant tenders eleventh-hour submissions to the Town in the form
of (a) expert reports, (b) expert materials, and/or (c) materials which require a significant
period for review due either to their complexity or the sheer volume of materials which
an applicant has chosen to provide to the Town at such late point in the proceedings, the
Town shall be afforded a reasonable time to review such late-submitted materials.
If reasonably necessary, the Town shall be permitted to retain the services of an expert
consultant to review any late-submitted expert reports which were provided to the Town,
even if such review or services extend beyond the applicable shot clock period, so long as
the Town completes such review and retains and secures such expert services within a
reasonable period of time thereafter and otherwise acts with reasonable diligence in
completing its review and rendering its final decision.

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C. Review and Processing of Applications.
1. Conformity to the following shall be considered in review of all applications:
a. The application is consistent with the objectives of this chapter.
b. The height of the proposed tower.
c. The adequacy of the proposed site, considering such factors as the sufficiency of the size
of the site to comply with the established criteria, the configuration of the site, and the extent
to which the site is formed by logical boundaries (e.g., topography, natural features, streets,
relationship of adjacent uses, etc.) that provide for the ability to comply with the provisions of
this chapter.
d. The extent to which the proposal responds to the impact of the proposed development on
adjacent land uses, especially in terms of visual impact.
e. The extent to which the proposed telecommunications facility uses concealment elements.
f. The extent to which the proposed facility is integrated with existing structures (i.e.,
buildings, signs, utility poles, etc.) with particular reference to design characteristics that have
the effect of reducing or eliminating visual obtrusiveness.
g. An applicant’s compliance with all Town requirements with respect to previous
applications.
h. Whether the proposed installation will inflict a significant adverse impact upon the
property values of properties that are located adjacent to, or in close proximity to, the
proposed site or properties that are otherwise situated in a manner that would cause the
proposed installation to inflict a significant adverse impact upon their value.
i. Whether the proposed installation will be incompatible with the use and/or character of
properties located adjacent to or in close proximity to the proposed site or other properties
situated in a manner that would cause the proposed installation to be incompatible with their
respective use.
j. Whether the proposed installation will be incompatible with and/or would have an adverse
aesthetic impact upon or detract from the use and enjoyment of, and/or character of,
recognized aesthetic assets of the Town, including, but not limited to, scenic areas and/or
scenic ridgelines, scenic areas, public parks, and/or any other traditionally or historically
recognized valuable scenic assets of the Town.
k. Whether the proposed installation shall have a sufficient fall zone and/or safe zone around
the facility to afford the general public safety against the potential dangers of structural
failure, icefall, debris fall, and fire.

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l. Whether the applicant has mitigated the potential adverse impacts of the proposed facility to
the greatest extent reasonably feasible. To determine mitigation efforts on the part of the
applicant, the mere fact that a less intrusive site, location, or design would cause an applicant
to incur additional expense is not a reasonable justification for an application to have failed to
propose reasonable mitigation measures.
2. Review of Administrative Applications.
a. Administrative applications will be reviewed by staff using the Town’s standard building
permit review processes.
b. Applications for mobile or temporary wireless facilities which remain in place for more
than seven (7) consecutive days must submit a request for a temporary use permit as provided
in Section 2.03.
3. Review and Processing of Public Review Applications.
a. Applications which require public review and approval on private property will be
processed as special use permits and follow the requirements listed in Section 2.02 for special
use permits. Applications on Town owned property will not require a special use permit but
will follow the same requirements for notice for review by the Town Council.
b. Factual Determinations.
To decide applications under this Section, the Town Council shall render factual
determinations, which shall include two (2) specific types of factual determinations, as
applicable.
First, the Council shall render local zoning determinations according to Section i.
hereinbelow.
Then, if, and only if, an applicant asserts claims that a denial of its application would
effectively prohibit an identified Wireless Carrier from providing Personal Wireless Services
within the Town, or its proposed wireless facility or installation is necessary to remedy a
significant gap in personal wireless services for an explicitly identified Wireless Carrier, and
that its proposed installation is the least intrusive means of remedying a specifically identified
significant gap or gaps.
The Council shall then additionally render TCA determinations in accord with Section ii.
herein below.
The Council shall separately record each factual determination it makes in a written decision
and shall reference, or make note of, the evidence based upon which it rendered each of its
factual determinations.

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Each factual determination made by the Council shall be based upon Substantial Evidence.
For purposes of this provision, “Substantial Evidence” shall mean such relevant evidence as a
reasonable mind might accept as adequate to support a conclusion. It means less than a
preponderance but more than a scintilla of evidence.
Evidence that the Council may consider shall include any evidence submitted in support of an
application and any evidence submitted by anyone opposing a respective application, whether
such evidence is in written or photographic form or whether it is in the form of testimony by
any expert, or any person who has personal knowledge of the subject of their testimony. The
Council may, of course, additionally consider as evidence any information or knowledge
which they, themselves, personally possess and any documents, records, or other evidence
which is a matter of public record, irrespective of whether such public record is a record of
the Town, or is a record of or is maintained by, another federal, state and/or other
governmental entity and/or agency which maintains records which are available for, or
subject to, public review.
The requirements for specific factual determinations set forth below are intended to enure to
the benefit of the Town, its residents, and property owners, and not applicants.
If, and to the extent that the Town Council fails to render one or more of such determinations,
that omission shall not constitute grounds upon which the respective applicant can seek to
annul, reverse or modify any decision of the Town Council.
i

Local Zoning Determination

The Council shall make the following factual determinations as to whether the
application meets the requirements for granting a special use permit under this Chapter.
(a)

Compliance with Section 2.02

Whether the proposed installation will meet each of the conditions and standards set
forth within Section 2.02 in the absence of which the Town Council is not authorized
to grant a special use permit.
(b)

Potential Adverse Aesthetic Impacts

Whether the proposed installation will inflict a significant adverse aesthetic impact
upon properties located adjacent to, or in close proximity to, the proposed site or any
other properties situated in a manner that would sustain significant adverse aesthetic
impacts by the installation of the proposed facility.
(c)

Potential Adverse Impacts Upon Real Estate Values

Whether the proposed installation will inflict a significant adverse impact upon the
property values of properties that are located adjacent to, or in close proximity to, the

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proposed site or properties that are otherwise situated in a manner that would cause
the proposed installation to inflict a significant adverse impact upon their value.
(d)
Potential Adverse Impact Upon the Character of the Surrounding
Community
Whether the proposed installation will be incompatible with the use and/or character
of properties located adjacent to or in close proximity to the proposed site or other
properties situated in a manner that would cause the proposed installation to be
incompatible with their respective use.
(e)

Potential Adverse Impacts Upon Historic Properties or Historic Districts

Whether the proposed installation will be incompatible with and/or would have an
adverse impact upon, or detract from the use and enjoyment of, and/or character of a
historic property, historic site, and/or historic district, including, but not limited to,
historic structures, properties and/or districts which are listed on, or are eligible for
listing on, the National Register of Historic Places.
(f)
Potential Adverse Impacts Upon Ridgelines or Other Aesthetic Resources of
the Town
Whether the proposed installation will be incompatible with and/or would have an
adverse aesthetic impact upon or detract from the use and enjoyment of, and/or
character of, recognized aesthetic assets of the Town, including, but not limited to,
scenic areas and/or scenic ridgelines, scenic areas, public parks, and/or any other
traditionally or historically recognized valuable scenic assets of the Town.
(g)

Sufficient Fall Zones

Whether the proposed installation shall have a sufficient fall zone and/or safe zone
around the facility to afford the general public safety against the potential dangers of
structural failure, icefall, debris fall, and fire.
(h)

Mitigation

Whether the applicant has mitigated the potential adverse impacts of the proposed
facility to the greatest extent reasonably feasible. To determine mitigation efforts on
the part of the applicant, the mere fact that a less intrusive site, location, or design
would cause an applicant to incur additional expense is not a reasonable justification
for an application to have failed to propose reasonable mitigation measures.
If, when applying the evidentiary standards set forth in Section 17.05 C. 3. b. i.
hereinabove, the Town Council determines that the proposed facility would not meet the
standards set forth within Section 2.02 or that the proposed facility would inflict one or

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more of the adverse impacts described hereinabove to such a substantial extent that
granting the respective application would inflict upon the Town and/or its citizens and/or
property owners the types of adverse impacts which this provision was enacted to
prevent, the Town Council shall deny the respective application unless the Council
additionally finds that a denial of the application would constitute an Effective
Prohibition, as provided for in Sections 17.05 C. 3. b. ii. and iii immediately hereinbelow.
ii. TCA Determinations
In cases within which an applicant has filed a “Notice of Effective Prohibition
Conditions,” the Town Council shall determine if a denial of the respective application
would “Effectively Prohibit” a specifically identified Wireless Carrier from providing
Personal Wireless Services within any geographic area or areas in the Town.
More specifically, the Town Council shall determine whether a denial of the specific
application would either: (i) prevent an identified Wireless Carrier from providing
personal wireless services within a specific geographic area or areas within the Town or
(ii) would prevent a specific Wireless Carrier from constructing a sufficient number of
such facilities necessary to enable it to provide Personal Wireless Services within the
Town.
In determining whether a denial of any specific application would constitute an
“Effective Prohibition,” the Town Council shall determine: (1) whether an applicant has
established that an identified Wireless Carrier suffers from one or more significant gaps
in its Personal Wireless Services, and (2) whether its proposed installation is the least
intrusive means of remedying any such gap or gaps.
(a)

Significant Gap in Personal Wireless Services of an Identified Carrier

The Town Council shall determine whether the applicant has established, based upon
probative evidence provided by the applicant and/or its representative, that a specific
Wireless Carrier suffers from a significant gap in its personal wireless services within
the Town.
In rendering such determination, the Council shall consider factors including, but not
necessarily limited to:
(1) Whether the identified Wireless Carrier, which is alleged to suffer from any
significant gap in their personal wireless services, already provides Adequate
Service in its Personal Wireless Services to its customers at any frequency being
used by the carrier to provide personal wireless services to its end-use customers,
(2) Whether any such alleged gap is relatively large or small in geographic size,

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(3) Whether the number of the carrier’s customers affected by the gap is
relatively small or large,
(4) Whether or not the location of the gap is situated on a lightly traveled road,
or sparsely or densely occupied area, and/or
(5) Overall, whether the gap is relatively insignificant or otherwise relatively de
minimis.
An Effective Prohibition shall not be found to exist under subparagraph (iii)
hereinbelow if a Wireless Carrier has adequate coverage in any specified geographic
area, such that its end-use customers can use their cellular telephones to connect to
landlines using the Carrier’s Personal Wireless Services, but the frequency at which
the customers are using such services is not the frequency most desired by the
Carrier.
(b)

Least Intrusive Means of Remedying Gap(s) in Service

The Town Council shall determine whether the applicant has established, based upon
probative evidence provided by the applicant and/or its representative, that the
installation of the proposed facility at the specific site proposed by the applicant and
the specific portion of the site proposed by the applicant, and at the specific height
proposed by the applicant, is the least intrusive means of remedying whatever
significant gap or gaps which the applicant has contemporaneously proven to exist as
determined by the Town Council based upon any evidence in support of, and/or in
opposition to, the subject application.
In rendering such determination, the Council shall consider factors including, but not
necessarily limited to:
(1) Whether the proposed site is the least intrusive location at which a facility to
remedy an identified significant gap may be located, and the applicant has
reasonably established a lack of potential alternative less intrusive sites and lack
of sites available for co-location,
(2) Whether the specific location on the proposed portion of the selected site is
the least intrusive portion of the site for the proposed installation
(3) Whether the height proposed for the facility is the minimum height actually
necessary to remedy an established significant gap in service,
(4) Whether or not a pre-existing structure can be used to camouflage the
facility and/or its antennas,

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(5) Whether or not, as proposed, the installation mitigates adverse impacts to the
greatest extent reasonably feasible through the employ of Stealth design,
screening, use of color, noise mitigation measures, etc., and/or
(6) Overall whether or not there is a feasible alternative to remedy the gap
through alternative, less intrusive substitute installations.
An Effective Prohibition shall also not be found to exist in subparagraph (iii) hereinbelow
if an applicant fails to establish before the Town Council that any existing geographic gap
or capacity deficiency in the specific Wireless Carrier’s coverage cannot be remedied
through a less intrusive means than what is being proposed, including, but not limited to,
potential installations on alternative less intrusive sites, a shorter tower or facility, the
incorporation of a more stealthy design, etc.
iii. Finding of Effective Prohibition or Lack of Effective Prohibition
After considering the evidence presented before it, the Town Council shall determine
whether or not a denial of the respective application would constitute an effective
Prohibition.
If the Town Council affirmatively determines that the applicant has failed to establish
either: (i) that a denial of the application would prevent an identified Wireless Carrier
from providing personal wireless services within a specific geographic area or areas
within the Town or (ii) that a denial of the application would prevent a specific Wireless
Carrier from constructing a sufficient number of such facilities necessary to enable it to
provide Personal Wireless Services within the Town, then the Town Council shall find
that a denial of the application does not constitute an Effective Prohibition.
If the Town Council affirmatively determines that: (i) a denial of the application would
prevent an identified Wireless Carrier from providing personal wireless services within a
specific geographic area or areas within the Town, or (ii) that a denial of the application
would prevent a specific Wireless Carrier from constructing a sufficient number of such
facilities necessary to enable it to provide Personal Wireless Services within the Town,
then the Town Council shall find that a denial of the application would constitute an
Effective Prohibition, and the Town Council shall grant the subject application,
irrespective of whether or not the granting of same would otherwise be inconsistent with
any other provision of this Section §17.05 C. 3. b. Provided, the Town reserves the right
to deny an application even if doing so leads to an effective prohibition to the extent
allowed by the safe harbors contained in 47 U.S.C. §§ 253(b) and (c) and incorporated
into 332(c)(7)(B)(i), based on the evidence of record.
c. Availability of Suitable Existing Towers, Other Structures, or Alternative Technology. No
new tower shall be permitted unless the applicant demonstrates to the reasonable satisfaction

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of the Town Council that no existing tower, structure or alternative technology that does not
require the use of towers or structures can accommodate the applicant’s proposed antenna. An
applicant shall submit information requested by the Town Council related to the availability
of suitable existing towers, other structures or alternative technology. Evidence submitted to
demonstrate that no existing tower, structure or alternative technology can accommodate the
applicant’s proposed antenna may consist of any of the following:
i. No existing towers or structures are located within the geographic area, which meet
applicant’s reasonable engineering and personal wireless service related quality
requirements. This evidence cannot be merely conclusory and must be supported by
propagation maps that include the underlying analysis models, engineering reports
speaking to the technical infeasibility, dropped call logs, and other data showing that a
new tower is the only means of accommodating the proposed antenna.
ii. Existing towers or structures are not of sufficient height to meet applicant’s
engineering requirements.
iii. Existing towers or structures do not have sufficient structural strength to support
applicant’s proposed antenna and related equipment.
iv. The applicant’s proposed antenna would cause electromagnetic interference with the
antenna on the existing towers or structures, or the antenna on the existing towers or
structures would cause interference with the applicant’s proposed antenna as certified by
an RF engineer.
v. The fees, costs, or contractual provisions required by the owner in order to share an
existing tower or structure or to adapt an existing tower or structure for sharing are
unreasonable. Costs exceeding new tower development are presumed to be unreasonable.
vi. The applicant demonstrates that there are other limiting factors that render existing
towers and structures unsuitable.
vii. The applicant demonstrates that an alternative technology that does not require the
use of towers or structures, such as a cable micro cell network using multiple lowpowered transmitters/receivers attached to a wire line system, is unsuitable. Costs of
alternative technology that exceed new tower or antenna development shall not be
presumed to render the technology unsuitable.
d. Following approval by the Town Council, the applicant may apply for a building permit
through the standard application process. Construction shall not commence prior to approval
of the building permit.
4. Environmental Impacts

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If, and to the extent that, the Town Council determines a proposed installation bears the potential
for a significant adverse impact upon the environment within the meaning of ADEQ and/or the
NEPA, then the Council shall be expected to comply with the requirements of ADEQ in
determining both:
a. The extent of adverse impacts upon the environment and/or historic properties; and,
b. What mitigation measures the applicant should be required to undertake to minimize the
adverse environmental impacts and/or impacts upon historic sites, structure and/or districts.
If a respective applicant fails to obtain a review from the ADEQ and/or NEPA and opinion letters
from the ADEQ and the FCC pertaining to its proposed installation prior to a first public hearing
before the Town Council for the respective application, then the Town Council may make direct
requests to the ADEQ and the FCC for their review of the application. The Town Council may
request the FCC’s review and input in completing the statutorily-required environmental impact
analysis pursuant to ADEQ and NEPA.
In addition, the Town Council shall comply with the statutory requirements of ADEQ to complete
an ADEQ review, make determinations of significance, and, where appropriate, require the
applicant to complete a draft environmental impact statement and, if additionally appropriate, to
thereafter complete a final environmental impact statement and analysis.
So long as the Town Council acts with reasonable diligence in completing its ADEQ and NEPA
review, if compliance with the statutory requirements for environmental review requires a period
of effort that extends beyond the expiration of the applicable shot clock period, the delays beyond
such period shall be deemed reasonable.
5. Historic Site Impacts
The Town Council shall consider the potential adverse impacts of any proposed facility upon any
historic site, district, or structure consistent with the Town’s historic preservation law
requirements and comprehensive plan and ADEQ.
If, and to the extent that, the Town Council determines that a proposed installation bears the
potential for a significant adverse impact on a historic site or a historic district within the meaning
of ADEQ and/or the NHPA (especially if the historic site at issue is listed upon the National
Register of historic places), then the Council shall comply with the requirements of both ADEQ
and Town law in determining both:
a. The extent of adverse impacts upon the historic properties, and
b. What mitigation measure might the applicant be required to undertake to minimize the
adverse environmental impacts and/or adverse impacts upon historic sites, structures and/or
district.

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Should a respective applicant fail to obtain a SHPO and/or a Section 106 review under NHPA,
and opinion letters from SHPO and the FCC pertaining to its proposed installation prior to a first
public hearing before the Town Council for the respective application, then the Town Council
shall make direct requests to SHPO and the FCC for their review of the application. They shall
request SHPO and the FCC’s review and input in completing the statutorily-required
environmental/historic impact analysis pursuant to ADEQ and NHPA.
This request shall include, but not be limited to, a request to the FCC for a Section 106 review, as
defined in this Chapter, as the Town recognizes each application for a special use permit for the
installation of a personal wireless services facility shall constitute “an undertaking” for purposes
of compliance with the National Historic Preservation Act.
In addition, the Town Council shall comply with the statutory requirements of ADEQ to complete
a SEQ ADEQ RA review, make determinations of significance, and, where appropriate, require
the applicant to complete a draft environmental impact statement, and if additionally appropriate,
to thereafter complete a final environmental impact statement and analysis.
So long as the Town Council acts with reasonable diligence in completing its ADEQ and NHPA
review, if compliance with the statutory requirements for historic preservation review requires a
period of effort that extends beyond the expiration of the applicable shot clock period, the delays
beyond such period shall be deemed reasonable.
6. Tribal Site Impacts
The Town Council shall consider the potential adverse impacts of any proposed facility upon any
tribal lands associated with the Fort McDowell Yavapai Nation and the Salt River PrimaMaricopa Indian Community near or within the general area of Fountain Hills, Arizona. If, and to
the extent that, the Town Council determines that a proposed installation bears the potential for a
significant adverse impact on such tribal lands, then the Council shall issue notice to tribal
representatives and request tribal review of the application.
7. Force Majeure
In the event that the rendering of a final decision upon an application under this Chapter is
delayed due to natural and/or unnatural events and/or forces which are not within the control of
the Town or the Town Council, such as the unavoidable delays experienced in government
processes due to the COVID 19 pandemic, and/or mandatory compliance with any related federal
or state government orders issued in relation thereto, such delays shall constitute reasonable
delays which shall be recognized as acceptable grounds for extending the period for review and
the rendering of final determinations beyond the period allotted under the applicable shot clock.
8. In granting a permit, the Town may impose conditions to the extent such conditions are
necessary to minimize any adverse effect of the proposed tower on adjoining properties.

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Section 17.06 Maintenance and Operation
A. Removal of Abandoned Antennas and Towers; Bond Required.
1. Any antenna or tower that is not operated for a continuous period of ninety (90) days shall be
deemed abandoned. Within ninety (90) days of receipt of notice from the Town of Fountain Hills
notifying the owner of such abandonment, the owner of such antenna or tower shall completely
remove the same and all related equipment and improvements and shall restore all affected areas
to a condition compliant with all applicable laws, which includes without limitation the Code.
Failure to remove an abandoned antenna or tower within said ninety (90) day period shall be
grounds to remove the tower or antenna at the owner’s expense. The Town shall have the right
(but not the obligation) to perform such removal and restoration with or without notice. If there
are two (2) or more users of a single tower, then this provision shall not become effective until all
users cease using the tower for the prescribed period.
2. Upon receiving a special use permit approval from the Town Council and a building permit,
prior to the commencement of installation and/or construction of such facility or any part thereof,
the applicant shall file with the Town a bond for a length of no less than three (3) years in an
amount of the estimate of a certified engineer of one-hundred twenty-five percent (125%) of the
cost of removal of the facility and all associated structures, fencing, power supply, and other
appurtenances connected with the facility. The bond must be provided within thirty (30) days of
the approval date and before any installation or construction begins.
Replacement bonds must be provided ninety (90) days prior to the expiration of any previous
bond.
At any time the Town has good cause to question the sufficiency of the bond at the end of any
three-year (3) period, the owner and/or operator of the facility, upon request by the Town, shall
provide an updated estimate and bond in the appropriate amount.
Failure to keep the bonds in effect is cause for the removal of the facility at the owner's expense.
Each facility will require a separate bond, regardless of the number of owners or location.
B. State or Federal Requirements.
1. Compliance with state and federal requirements. All towers must meet or exceed current
standards and regulations of the FAA, the FCC, and any other agency of the state or federal
government with the authority to regulate towers and antennas. If such standards and regulations
are changed, then the owners of the towers and antennas governed by this chapter shall bring such
towers and antennas into compliance with such revised standards and regulations within six (6)
months of the effective date of such standards and regulations, unless a different compliance
schedule is mandated by the controlling state or federal agency. Failure to bring towers and

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antennas into compliance with such revised standards and regulations shall constitute grounds for
the removal of the tower or antenna at the owner’s expense.
2. Prohibition against illegally excessive emissions and RF testing.
As disclosed on the FCC’s public internet website, personal wireless services facilities erected at
any height under 200 feet are not required to be registered with the FCC.
Of even greater potential concern to the Town is the fact that the FCC does not enforce the RF
radiation limits codified within the CFR by either: (a) testing the actual radiation emissions of
wireless Facilities either at the time of their installation or at any time thereafter, or (b) requiring
their owners to test them. See relevant excerpts from the FCC’s public internet website annexed
as Appendix 2.
This means that when wireless Facilities are constructed and operated within the Town, the FCC
will have no idea where they are located and no means of determining, much less ensuring, that
they are not exposing residents within the Town and/or the general public to Illegally Excessive
levels of RF Radiation.
The Town deems it to be of critical importance to the health, safety, and welfare of the Town, its
residents, and the public at large that personal wireless service facilities do not expose members
of the general public to levels of RF radiation that exceed the limits which have been deemed safe
by the FCC, and/or are imposed under CFR. The FCC has recognized that 47 U.S.C. §
332(c)(7)(B)(iv) permits state and local governments, when making decisions on the placement,
construction, and modification of personal wireless service facilities, to consider whether such
facilities comply with the Commission's regulations concerning RF emissions. In re Human
Exposure to Radiofrequency Electromagnetic Fields et al., 34 FCC Rcd 11687, 11739, ¶114
(2019).
In accord with the same, the Town enacts the following RF Radiation testing requirements and
provisions set forth herein below.
No wireless telecommunications facility shall at any time be permitted to emit illegally excessive
RF Radiation as defined in Section 17.02 or to produce power densities that exceed the legally
permissible limits for electric and magnetic field strength and power density for transmitters, as
codified within 47 CFR §1.1310(e)(1), Table 1 Sections (i) and (ii), as made applicable pursuant
to 47 CFR §1.1310(e)(3) unless the operator implements and retains responsibility for ongoing
effectiveness of the mitigation actions contained in 47 C.F.R. §1.1307(b)(4).
To ensure continuing compliance with such limits by all owners and/or operators of wireless
communication facilities within the Town, all owners, and operators of wireless communication
facilities shall submit reports as required by this section.

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As set forth hereinbelow, the Town may additionally require, at the owner and/or operator’s
expense, independent verification of the results of any analysis set forth within any reports
submitted to the Town by the owner and/or operator.
If an operator of a personal wireless service facility fails to supply the required reports or fails to
correct a violation of the legally permissible limits described hereinabove, following notification
that their respective facility is believed to be exceeding such limits, any special use permit or
other zoning approval granted by the Town Council or any other body or representative of the
Town is subject to modification or revocation by the Town Council following a public hearing.
a. Certification of Compliance with Applicable RF Radiation Limits. Within forty-five (45)
days of initial operation or a substantial modification of a wireless communication facility,
the owner and/or operator of each telecommunications antenna shall submit to the
Development Services Director a written certification by a licensed professional engineer,
sworn to under penalties of perjury, that the facility’s radio frequency emissions comply with
the limits codified within 47 CFR §1.1310(e)(1), Table 1 Sections (i) and (ii), as made
applicable pursuant to 47 CFR §1.1310(e)(3).
The engineer shall also measure the emissions of the approved wireless facility, including the
cumulative impact from other nearby wireless facilities, and determine if such emissions are
within the limits described hereinabove.
A report of these measurements and the engineer’s findings with respect to compliance with
the FCC’s maximum permissible exposure (MPE) limits shall be submitted to the
Development Services Director.
If the report shows that the facility does not comply with applicable limits, then the owner
and/or operator shall cease operation of the facility until the facility is brought into
compliance with such limits. Proof of compliance shall be a certification provided by the
engineer who prepared the original report. The Town may require, at the applicant’s expense,
independent verification of the results of the analysis.
b. Random RF Radiofrequency Testing. At the operator’s expense, the Town may retain an
engineer to conduct random unannounced RF radiation testing of such wireless facilities to
ensure the facility’s compliance with the limits codified within 47 CFR §1.1310(e)(1) et seq.
The Town may cause such random testing to be conducted as often as the Town may deem
appropriate. However, the Town may not require the owner and/or operator to pay for more
than one (1) test per facility per calendar year unless such testing reveals that one (1) or more
of the owner and/or operator’s facilities are exceeding the limits codified within 47 CFR
§1.1310(e)(1) et seq., in which case the Town shall be permitted to demand that the wireless
facility be brought into compliance with such limits, and to conduct additional tests to

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determine if, and when, the owner and/or operator thereafter brings the respective wireless
facility and/or facilities into compliance.
If the Town at any time finds that there is good cause to believe that a personal wireless
service facility and/or one or more of its antennas are emitting RF radiation at levels in excess
of the legal limits permitted under 47 CFR §1.1310(e)(1) et seq., then the Town shall provide
written notice to the owner and/or operator identifying the noncompliance and the corrective
action required. Except where the violation presents an immediate threat to public safety, the
owner or operator shall be afforded a reasonable period, not to exceed thirty (30) days, to cure
the violation or demonstrate compliance. If the violation has not been cured within the
prescribed period, a hearing shall be scheduled before the Town Council at which the owner
and/or operator of such facility shall be required to show cause why any and all permits
and/or approvals issued by the Town for such facility and/or facilities should not be revoked,
and a fine should not be assessed against such owner and/or operator.
Such hearing shall be duly noticed to both the public and the owner and/or operator of the
respective facility or facilities at issue. The owner and/or operator shall be afforded not less
than two (2) weeks' written notice by first-class mail to its Notice Address.
At such hearing, the burden shall be on the Town to show that, by a preponderance of the
evidence, the Facilities emissions exceeded the permissible limits under 47 CFR
§1.1310(e)(1) et seq.
In the event that the Town establishes same, the owner and/or operator shall then be required
to establish, by clear and convincing evidence, that a malfunction of equipment caused their
failure to comply with the applicable limits through no fault on the part of the owner/operator.
If the owner and/or operator fails to establish same, the Town Council shall have the power to
and shall revoke any special use permit, variance, building permit, and/or any other form of
zoning-related approval(s) which the Town Council, Board of Adjustment, Town Engineer
and/or any other representative of the Town may have then issued to the owner and/or
operator, for the respective facility.
In addition, the Town may issue a civil citation of not less than $1,000, nor more than $5,000
for such violation of subparagraph 1. hereinabove, or, in the case of a second offense within
less than five (5) years, a minimum fine of $5,000, nor more than $25,000.
In the event that an owner or operator of one or more personal wireless service facilities is
found to violate subparagraph 1. hereinabove three or more times within any five (5) year
period, then in addition to revoking any zoning approvals for the facilities which were
violating the limits codified in 47 CFR §1.1310(e)(1) et seq., the Town Council shall render a
determination within which it shall deem the owner/operator prohibited from filing any

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applications for any new wireless personal services facilities within the Town for a period of
five (5) years.
c. Annual Testing. The owner or operator of all PWSF shall provide for and conduct an
inspection of radio frequency radiation at least once annually by a licensed radio frequency
engineer. Three copies of a report shall be provided to the Development Services Department,
verifying that the radio frequency radiation is in compliance with FCC Guidelines.
3. Actions for Noncompliance. If the Town at any time finds that there is good cause to believe
that a wireless communication facility and/or one (1) or more of its antennas are emitting RF
radiation at levels in excess of the legal limits permitted under 47 CFR §1.1310(e)(1) et seq., the
Town shall provide written notice to the owner and/or operator identifying the noncompliance and
the corrective action required. Except where the violation presents an immediate threat to public
safety, the owner or operator shall be afforded a reasonable period, not to exceed thirty (30) days,
to cure the violation or demonstrate compliance. If the violation has not been cured within the
prescribed period, then a hearing shall be scheduled before the Town’s Zoning Administrator at
which the owner and/or operator of such facility shall be required to show cause why any and all
permits and/or approvals issued by the Town for such facility and/or facilities should not be
revoked, and a fine should not be assessed against such owner and/or operator.
The owner and/or operator shall be afforded not less than two (2) weeks’ written notice of the
hearing.
At such hearing, the burden shall be on the Town to show that, by a preponderance of the
evidence, the facilities emissions exceeded the permissible limits under 47 CFR §1.1310(e)(1) et
seq.
In the event that the Town establishes same, the owner and/or operator shall then be required to
establish, by clear and convincing evidence, that a malfunction of equipment caused their failure
to comply with the applicable limits through no fault on the part of the owner/operator.
If the owner and/or operator fails to establish same, the Town shall have the power to revoke any
permit, building permit, and/or any other form of approval(s) which the Town Council or any
other representative of the Town may have then issued to the owner and/or operator, for the
respective facility. The Zoning Administrator may revoke an administrative approval. The
decision of the Zoning Administrator may be appealed to the Town Manager. If the tower or
antenna was approved by the Town Council, revocation will be considered by the Town Council
in the same manner as the original approval.
In addition, the Town may issue a civil citation for noncompliance as provided in Section 1-8-3 of
the Town Code.
In the event that an owner or operator of one (1) or more wireless communication facility is found
to violate subsection (B)(1) of this section three (3) or more times within any five (5) year period,

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then in addition to revoking any zoning approvals for the facilities which were violating the limits
codified in 47 CFR §1.1310(e)(1) et seq., the Town Council shall render a determination within
which it shall deem the owner/operator prohibited from filing any applications for any new
wireless personal services facilities within the Town for a period of five (5) years.
C. Building Codes; Safety Standards. To ensure the structural integrity of towers, the owner of a
tower shall ensure that it is maintained in compliance with standards contained in applicable state or
local building codes and the applicable standards for towers that are published by the Electronic
Industries Association, as amended from time to time. If, upon inspection, the Town of Fountain Hills
concludes that a tower fails to comply with such codes and standards and constitutes a danger to
persons or property, then upon notice being provided to the owner of the tower, the owner shall have
thirty (30) days to bring such tower into compliance with such standards. Failure to bring such tower
into compliance within said thirty (30) days shall constitute grounds for the removal of the tower or
antenna at the owner’s expense.
D. Noise. Wireless facilities and all related equipment must comply with all noise regulations and
shall not exceed such regulations, either individually or collectively. Backup generators shall only be
operated during power outages and/or for testing and maintenance purposes between the hours of 9:00
a.m. and 4:00 p.m.
E. Maintenance. Prior to scheduling a final inspection for construction of a tower and associated
equipment, the applicant shall file with the Town a bond in the amount of the estimate of a certified
engineer of one-hundred twenty-five percent (X 125% ) of the maintenance, equipment, and
landscaping to cover the ongoing maintenance of the tower, equipment, and landscaping. The bond
amount shall be reviewed and revised every three years thereafter. Should the owner of the tower,
equipment, and/or landscaping fail to maintain said facilities consistent with the Town’s approval and
ordinance requirements, and after notice for correction by the Town, the Town may call and utilize the
bonds to perform the needed maintenance activities.
F. Maintenance Contact Information. Each permittee of a wireless telecommunications facility shall
provide the director with the name, address and 24-hour local or toll-free contact phone number of the
permittee, the owner, the operator and the agent responsible for the maintenance of the facility
("contact information"). The contact information for the agent responsible for the maintenance of the
facility must include at least one natural person. Contact information shall be updated within seven (7)
days of any change.
G. Indemnity and liability for damages.
1. The wireless telecommunications facility provider shall defend, indemnify, and hold harmless
the Town or any of its boards, commissions, agents, officers, and employees from any claim,
action or proceeding against the Town, its boards, commission, agents, officers, or employees to
attack, set aside, void, or annul, the approval of the project when such claim or action is brought
within the time period provided for in applicable state and/or local statues. The Town shall

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promptly notify the provider(s) of any such claim, action or proceeding if the Town bears its own
attorney's fees and costs, and the Town defends the action in good faith.
2. Wireless telecommunications facility operators shall be strictly liable for interference caused by
their facilities with Town communications systems. The operator shall be responsible for costs for
determining the source of the interference, all costs associated with eliminating the interference
(including but not limited to filtering, installing cavities, installing directional antennas, powering
down systems, and engineering analysis), and all costs arising from third party claims against the
Town attributable to the interference.
H. Certificate of Insurance required. The applicant shall maintain adequate and sufficient liability
insurance during the construction period and thereafter, the carrier shall maintain liability insurance,
issued by an insured authorized to do business in the State of Arizona meeting the criteria of this
section throughout the life of any PWSF erected within the Town of Fountain Hills, at least as broad as
follows:
1. Commercial General Liability Insurance. The permittee shall procure and maintain at its
expense or cause its contractor or subcontractor to procure and maintain throughout the term
of this permit, commercial General Liability ("CGL") insurance on an "occurrence" basis,
with limits not less than $2,000,000 per occurrence per wireless carrier or $4,000,000 per
wireless carrier in the aggregate. If a general aggregate limit applies, either the general
aggregate limit shall apply separately to this project location or the general aggregate limit
shall be twice the required occurrence limit. CGL insurance must include coverage for the
following: Bodily Injury and Property Damage; Personal Injury/Advertising Injury;
Premises/Operations Liability; Products/Completed Operations Liability; Aggregate Limits
that Apply per Project; Explosion, Collapse and Underground ("UCX") exclusion deleted;
Contractual Liability with respect to the permit; Broad Form Property Damage; and
Independent Consultants Coverage. The policy shall contain no endorsements or provisions
limiting coverage for (i) contractual liability; (ii) cross liability exclusion for claims or suits
by one insured against another; (iii) products/completed operations liability; (iv) bodily injury
or damage from RF exposure at levels exceeding the FCC limits; or (v) contain any other
exclusion contrary to the conditions in this permit.
2. Environmental Pollution Liability Insurance. The permittee shall procure and maintain at
its expense or cause its contractor or subcontractor to procure and maintain throughout the
term of this permit, Contractors Pollution Liability Insurance including contractual liability
coverage to cover liability and legal expenses arising out of cleanup, removal, storage, or
handling of hazardous or toxic chemicals, materials, substances, or any other pollutants by the
permittee or any subcontractor resulting from pollution conditions associated with the
personal wireless services facility in an amount not less than $1,000,000 each occurrence
combined single limit for bodily injury and property damage.

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3. Umbrella Policy. If an umbrella or excess liability insurance policy is used to satisfy the
minimum requirements for insurance coverage listed above, the umbrella or excess liability
policies shall provide coverage at least as broad as specified for the underlying coverages and
covering those insured in the underlying policies. Coverage shall be "pay on behalf," with
defense costs payable in addition to policy limits. Permittee shall provide a "follow form"
endorsement or schedule of underlying coverage satisfactory to the Town indicating that such
coverage is subject to the same terms and conditions as the underlying liability policy.
4. Endorsements. The relevant policy(ies) shall name the Town, its elected/appointed
officials, commission members, officers, representatives, agents, volunteers and employees as
additional insureds. The permittee shall use its best efforts to provide thirty (30) days' prior
notice to the Town of the cancellation or material modification of any applicable insurance
policy.
5. Verification of Coverage. Permittee shall furnish the Development Services Department
with original certificates and amendatory endorsements or copies of the applicable policy
language providing the insurance coverage required herein. All certificates and endorsements
are to be received and approved by the Development Services Department before any work
commences. However, failure to obtain required documents prior to the work beginning shall
not waive the Licensee's obligation to provide them. Permittee shall furnish updated
certificates and endorsements to the Town annually. The Town reserves the right to require
updated certificates and endorsements or complete, certified copies of all required insurance
policies, including the endorsements required herein, at any time.
6. Permittee Has Full Liability: The permittee shall assume full liability for damage or injury
caused to any property or person by the personal wireless services facility.
7. Permittee shall provide an executed agreement, pursuant to which Permittee and any
related third parties agree to defend, hold harmless and fully indemnify the Town, its officers,
employees, agents, attorneys, and volunteers, from (i) any claim, action or proceeding
brought against the Town or its officers, employees, agents, or attorneys to attack, set aside,
void, or annul any such approval of the Town or (ii) a successful legal action brought against
the Town for loss of property value or other harm caused by the placement or operation of a
small cell installation. Such indemnification shall include damages, judgments, settlements,
penalties, fines, defensive costs or expenses, including, but not limited to, interest, attorneys’
fees and expert witness fees, or liability of any kind related to or arising from such claim,
action, or proceeding whether incurred by the Permittee, the Town and/or the parties initiating
or bringing such proceeding. The agreement shall also include a provision obligating the
Permittee to indemnify the Town for all of the Town’s costs, fees and damages which the
Town incurs in enforcing the indemnification provisions of this Section.
All insurance required under this Chapter shall be issued by an insurer holding a current A.M. Best
rating of A- or better, that is not an affiliate, subsidiary, or captive insurance entity of the applicant,

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permittee, or any parent or related company thereof. Self-insurance and insurance issued by a specialpurpose or single-project entity created by the applicant shall not satisfy this requirement. The Town
reserves the right to request and independently verify the insurer's rating and independence prior to
permit issuance and at each renewal.
I. ADA Accommodations. The Town seeks to comply with the Americans With Disabilities Act, and
shall comply with same in the event that any person who is disabled within the meaning of the Act
seeks a reasonable accommodation, to the extent they are entitled to same under the Act.
J. Decommissioning and Reclamation Plan shall include the following information:
1. A plan for disposal of all solid waste, special waste and hazardous waste in accordance
with local, state, and federal waste disposal regulations detailing the types and quantities of
waste materials and methods of disposal;
2. A description of how and on what schedule stabilization and re-vegetation of the site as
deemed necessary to minimize erosion will be accomplished. Permittee should include, to the
extent possible, restoration of native vegetation, and pollinator-friendly seed mixtures shall be
used to the maximum extent possible in re-vegetation of ground cover;
3. An estimate of costs for the decommissioning of the personal wireless services facility with
a detailed description of how the estimated costs were derived, including the date which was
the basis for the estimate;
4. A decommissioning plan signed by the party responsible for decommissioning and the
landowner (if different) whose minimum requirements meet the standards of this Ordinance.
Such plan must be filed in the Town Office prior to the first operation of the personal wireless
services facility;
5. An estimate of the total cost of decommissioning value of the equipment and itemization of
the estimated major expenses, including the projected costs of measures taken to minimize or
prevent adverse effects on the environment during the implementation of the
decommissioning plan.

Section 17.07 Nonconforming Uses
A. Not Expansion of Nonconforming Use. Towers that are constructed, and antennas that are
installed, in accordance with the provisions of this chapter shall not be deemed to constitute the
expansion of a nonconforming use or structure.
B. Pre-existing Towers. Pre-existing towers shall be allowed to continue their usage as they presently
exist. Routine maintenance (including replacement with a new tower of like construction and height)

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shall be permitted on such pre-existing towers. New construction other than routine maintenance on a
pre-existing tower shall comply with the requirements of this chapter.
C. Rebuilding Damaged or Destroyed Nonconforming Towers or Antennas. Notwithstanding other
provisions of this chapter, bona fide nonconforming towers or antennas that are damaged or destroyed
may be rebuilt without having to first obtain a special use permit and without having to meet the
separation requirements specified in Section 17.03. The type, height, and location of the tower on site
shall be of the same type and intensity as the original facility approval; provided, however, that any
destroyed lattice or guyed tower shall be replaced with a monopole structure only. Building permits to
rebuild the facility shall comply with the then applicable building codes and shall be obtained within
ninety (90) days from the date the facility is damaged or destroyed. If no permit is obtained or if said
permit expires, the tower or antenna shall be deemed abandoned as specified in Section 17.06(A).

Section 17.08 Retention of Consultants
A. Use of Consultants. Where deemed reasonably necessary by the Town Council and/or the Town,
the Town Council and/or the Town may retain the services of professional consultants to assist the
Town in carrying out its duties in review and approval of personal wireless service facilities. Where
the Town Council uses the services of private engineers, attorneys, or other consultants for purposes
of engineering, scientific, land use planning, environmental, legal, or similar professional reviews of
the adequacy or substantive aspects of applications or of issues raised during the course of review of
applications for special use permit approvals of personal wireless service facilities, the applicant and
landowner, if different, shall be jointly and severally responsible for payment of all the reasonable and
necessary costs incurred by the Town for such services. That responsibility shall not exceed the actual
cost to the Town of such engineering, legal, or other consulting services.
B. Advance Deposits for Consultant Costs. The Town and/or Town Council may require advance
periodic monetary deposits held by the Town on account of the applicant or landowner to secure the
reimbursement of the Town's consultant expenses. The amount of the deposit required shall be
established through the Council adoption of the fee schedule resolution based on the schedule of fees
charged by the Town’s approved consultant. After the review and approval of itemized invoices by
the Development Services Director, or designee, as to the reasonableness and necessity of the
consultant charges, the Town may make payments from the deposited monies for engineering, legal,
or consultant services. Upon receiving a request by the applicant or landowner, the Town shall supply
copies of such invoices to the applicant and/or landowner reasonably in advance of review and
approval, appropriately redacted where necessary to shield legally privileged communications
between Town officers or employees and the Town's consultant. When it appears that the remaining
deposit held for the applicant or landowner by the Town may be insufficient to pay current or
anticipated invoices, the Town shall cause the applicant or landowner to deposit additional monies to
meet such expenses or anticipated expenses in accordance with the fee schedule. Consultants shall
undertake no review on any matter scheduled before the Town until the initial deposit has been made

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or requested replenishment of the deposit has been made. No reviewing agency shall be obligated to
proceed unless the applicant complies with deposit requirements.
C. Reasonable Limit Upon Consultant Expenses. A consultant expense or part thereof is reasonable in
amount if it bears a reasonable relationship to the customary fee charged by engineers, attorneys, or
planners within the region for services performed on behalf of applicants or reviewing boards in
connection with comparable applications for land use or development.
The Town may also take into account any special conditions for consideration as it may deem
relevant, including but not limited to the quality and timeliness of submissions on behalf of the
applicant and the cooperation of the applicant and agents during the review process.
A consultant expense or part thereof is necessarily incurred if it was charged by the engineer, attorney
or planner, or other consultants for a service that was rendered to assist the Town in: (a) making
factual determinations consistent with the goals of protecting or promoting of the health, safety or
welfare of the Town or its residents; (b) assessing potential adverse environmental impacts such as
those identified within an ADEQ process; (c) accessing potential adverse impacts to historic
properties, structures and/or districts, and/or (d) assessing and determining factual issues relevant to
Effective Prohibition claims, as addressed herein, enabling the Council to best comply with the letter
and intent of the provision of the TCA which is relevant thereto.
D. Audits Upon the Request of an Applicant. Upon request of the applicant or landowner, the Town
Council shall review all invoices and determine whether such engineering, legal, and consulting
expenses are reasonable in amount and necessarily incurred by the Town in connection with the
review and consideration of an application for personal wireless service facility. In the event of such a
request, the applicant or landowner shall be entitled to be heard by the Town Council on reasonable
advance notice.
E. Liability for Consultant Expenses. For a land-use application to be complete, the applicant shall
provide the written consent of all owners of the subject real property, both authorizing the applicant to
file and pursue land development proposals and acknowledging potential landowner responsibility,
under this section, for engineering, legal, and other consulting fees incurred by the Town. If different
from the applicant, the owner(s) of the subject real property shall be jointly and severally responsible
for reimbursing the Town for funds expended to compensate services rendered to the Town under this
section by private engineers, attorneys, or other consultants. The applicant and the owner shall remain
responsible for reimbursing the Town for its consulting expenses, notwithstanding that the deposit
account may be insufficient to cover such expenses. No building permit or other permit shall be issued
until reimbursement of costs and expenses determined by the Town to be due. In the event of failure to
reimburse the Town for such fees, the following shall apply:
The Town may seek recovery of unreimbursed engineering, legal, and consulting fees by court action
in an appropriate jurisdiction, and the defendant(s) shall be responsible for the reasonable and
necessary attorney's fees expended by the Town in prosecuting such action.

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Alternatively, and at the sole discretion of the Town, a default in reimbursement of such engineering,
legal, and consulting fees expended by the Town shall be remedied by charging such sums against the
real property that is the subject of the application by adding that charge to and making it a part of the
next annual real property tax assessment roll of the Town. Such charges shall be levied and collected
simultaneously and in the same manner as Town-assessed taxes and applied in reimbursing the fund
from which the costs were defrayed for the engineering, legal, and consulting fees. Prior to charging
such assessments, the owners of the real property shall be provided written notice to their last known
address of record by certified mail, return receipt requested, of an opportunity to be heard and object
before the Town Council to the proposed real property assessment, at a date to be designated in the
notice, which shall be no less than 30 days after its mailing.

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Chapter 17
Wireless Telecommunications Towers and Antennas

Section 17.01 Purpose, Intent, and Applicability
A. The purpose of this chapter is to establish general guidelines for the siting of wireless communications
towers and antennas. The goals of this chapter are to:
1. Protect residential areas and land uses from potential adverse impacts of towers and antennas;
2. Employ the “General Authority” preserved to the Town under 47 U.S.C. § 332(c)(7)(A) to the greatest
extent the United States Congress intended while simultaneously complying with each of the substantive
and procedural requirements set forth within the subsection 47 U.S.C. § 332(c)(7)(B).
3. Employ the authority reserved under A.R.S. §§ 9-462.01, and 9-596.A to exercise the Town’s zoning
powers, land use, planning and permitting authority, exercise its police powers, and manage access to the
Town’s public rights of way.
4. Promote the location of towers in nonresidential areas;
5. Limit the total number of towers throughout the community;
6. Strongly encourage the joint use of new and existing tower sites as a primary option rather than
construction of additional single-use towers;
7. Require users of towers and antennas to locate them, to the extent possible, in areas where the adverse
impact on the community is minimal;
8. Require users of towers and antennas to configure them in a way that minimizes the adverse visual
impact of the towers and antennas through careful design, siting, landscape screening, and camouflaging
techniques;
9. Enhance the ability of the providers of telecommunications services to provide such services to the
community quickly, effectively, and efficiently;
10. Recognize that technology and laws regarding these facilities have changed, so the Town’s regulations
need to change accordingly;
11. Consider the public health and safety of communication towers; and

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12. Avoid potential damage to adjacent properties from tower failure through engineering and careful
siting of tower structures.
13. Maintain the Town’s status as a designated International Dark Sky Community and an optimum
environment for stargazing.
14. Conserve and enhance the unique natural beauty, irreplaceable natural resources, historical, natural,
and man-made character and appearance of Fountain Park, McDowell Mountain Preserve, Pleasantville
Park, and views of Red Mountain and Four Peaks.
15. Protect Saguaro cacti as a unique natural resource promoting tourism, contributing to the aesthetic
well-being of the community, high property values, high quality of life, unique lifestyles, and providing
habitat protection for desert wildlife. Saguaro cacti grow slowly and cannot be replaced by a plant of like
character.
16. Protect the Sonoran Desert tortoise and its habitats as a unique natural resource and an important
component of Town of Fountain Hills natural environment that contributes to the aesthetic, environmental,
and personal well-being of the community. The Sonoran Desert tortoise is a state-protected species in
Arizona and a petitioned candidate for inclusion as a federally endangered species pursuant to the
Endangered Species Act of 1973, 16 U.S.C. §§ 1531–1544. Populations of the Sonoran Desert tortoise has
been documented in the Town of Fountain Hills.
17. Protect the quiet small-town suburban, scenic and visual character of the Town.
In furtherance of these goals, Town of Fountain Hills shall give due consideration to the Town of Fountain
Hills General Plan, the Town of Fountain Hills Zoning Ordinance, existing land uses, and environmentally
sensitive areas in approving sites for the location of towers and antennas.
B. It is the intent of this chapter:
1. That no wireless communication towers or antenna be sited, constructed, reconstructed, installed,
materially changed, expanded, or used unless in conformity with this chapter.
2. To achieve a balance between the need to provide wireless services with the health, safety, and general
welfare of the residents of Fountain Hills by balancing five (5) simultaneous objectives:
a. Enabling personal wireless service providers to provide adequate personal wireless services
throughout the Town so that Town residents can enjoy the benefits of same from any FCC-licensed
wireless carrier from which they choose to obtain such services;
b. Minimizing the number of cell towers and/or other personal wireless service facilities needed to
provide such coverage;

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c. Preventing, to the greatest extent reasonably practical, any unnecessary adverse impacts upon the
Town’s communities, residential areas, and individual homes;
d. Complying with each of the substantive and procedural requirements set forth within the
subsection 47 U.S.C. § 332(c)(7)(B) for permit applications seeking approvals for the siting,
construction and operation of cell towers and/or other personal wireless service facilities; and
e. Complying with the Federal Communications Commission’s (FCC) legislative rules for
communications facilities including those for Radio Frequency human exposure limits in 47 C.F.R.
Part 1, Subpart I and those addressing State and Local government regulation of the Placement,
Construction, and Modification of Personal Wireless Service Facilities, in 47 C.F.R. Part 1, Subpart U.
This Section is not intended to, nor shall it be interpreted or applied to: (1) prohibit or effectively prohibit any
wireless telecommunications service provider's ability to provide reasonable and necessary wireless
communications services; (2) prohibit or effectively prohibit any entity's ability to provide reasonable and
necessary interstate or intrastate telecommunications service; (3) unreasonably discriminate among providers
of functionally equivalent services; (4) deny any request for authorization to place, construct or modify
wireless telecommunications service facilities solely on the basis of environmental effects of radio frequency
emissions so long as such wireless facilities comply in every instance and regard with all FCC's regulations
concerning such emissions; (5) prohibit any eligible facility that the Town may not deny under federal or state
law; or (6) otherwise authorize the Town to violate any applicable federal or state law.
C. Applicability.
1. New Towers and Antennas. All new towers or antennas in the Town of Fountain Hills shall be subject to
these regulations. The following exceptions apply:
a. Amateur Radio Station Operators/Receive Only Antennas. This chapter shall not govern any
tower, or the installation of any antenna, that is under the maximum building height of the zoning
district in which such structure is located and which is owned and operated by a federally licensed
amateur radio station operator or is used exclusively for receive only operations.
b. Pre-existing Towers or Antennas. Legally established pre-existing towers and pre-existing
antennas shall not be required to meet the requirements of this chapter, other than the requirements of
Sections 17.06(B)(1) and 17.06(C).
c. AM Array. For purposes of implementing this chapter, an AM array, consisting of one (1) or more
tower units and supporting ground system which functions as one (1) AM broadcasting antenna, shall
be considered one (1) tower. Measurements for setbacks and separation distances shall be measured
from the outer perimeter of the towers included in the AM array. Additional tower units may be added
within the perimeter of the AM array by right.

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d. Small Wireless Facilities. Wireless communication towers and antenna meeting the definition of
small wireless facilities as contained in A.R.S. 9-591 are subject to the requirements of Article 19-1,
Small Wireless Facilities, of the Town Code.
e. Mobile or Temporary Towers. Mobile wireless facilities, when placed on site for seven (7)
consecutive days or less, provided any necessary building permit or encroachment permit is obtained.
f. Utility Service Antennas in the Right-of-Way. Utility service antennas as defined in this chapter
placed in the public right-of-way are subject to the requirements of Article 16-3, Utility Service
Antenna, of the Town Code. (24-08, Amended, 09/04/2024, Deleted and replaced)
g. Over-the-Air-Reception Devices ("OTARD") antennas as defined by 47 C.F.R. § 1.4000(a).
2. Existing Towers and Antennas. Any existing towers which are modified, upgraded, or changed in any
manner shall be subject to the provisions of this ordinance as applicable. All existing towers and antennas
shall be subject to the maintenance and operations requirements in Sec. 17.06.

Section 17.02 Definitions
For the purposes of this article, and where not inconsistent with the context of a particular section, the defined
terms, phrases, words, abbreviations, and their derivations shall have the meanings provided in this section.
When not inconsistent with the context, words in the present tense include the future tense, words used in the
plural number include words in the singular number, and words in the singular number include the plural
number. The word “shall” is always mandatory and not merely directory. The definitions set forth herein shall
supersede any definitions set forth within the Town Code and Zoning Ordinance, and the definitions set forth
herein below shall control and apply to Chapter 17 of the Zoning Ordinance and all subparagraphs herein.
“Accessory facility or accessory structure” means a facility or structure serving or being used in conjunction
with a personal wireless services facility or complex and located on the same property or lot as the personal
wireless services facility or complex or an immediately adjacent lot, including, but not limited to utility or
transmission equipment storage sheds or cabinets.
“ACHP” means the Federal Advisory Council on Historic Preservation.
“ADA” means American Disabilities Act.
“ADEQ” means the Arizona Department of Environmental Quality.
“Adequate coverage” means, as determined by the Town Council, that a specific wireless carrier’s personal
wireless service coverage is such that the vast majority of its customers’ equipment can successfully connect to
the carrier’s radio access network and achieve a received signal strength of -110 dBm or better and deliver a 90 dBm or better signal to the base station receiver (uplink) with a signal to noise ratio (SINR) of 3 dB or

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higher the vast majority of the time, in the vast majority of the geographic locations within the Town, that the
Voice Drop Call Rate, e.g. the percentage ratio of dropped voice calls to total call attempts or successful call
setups remains at or below 3%. A “gap” can exist when there is a lack of coverage or when coverage exists but
quality is below the above metrics. The Town will assess whether a gap in a carrier’s personal wireless
services are significant, based upon such factors including, but not limited to, lack of significant physical size
of the gap, whether the gap is located upon a lightly traveled or lightly occupied area, whether only a small
number of customers are affected by the gap, and/or whether or not the carrier’s customers are affected for
only limited periods of time. A wireless carrier’s coverage shall not be deemed inadequate simply because the
frequency or frequencies at which its customers are using its services are not the most preferred frequency of
the wireless carrier.
For claimed capacity or quality shortfalls in an area that has coverage, the applicant must demonstrate through
independently-verifiable data and analysis, including network generated recordings based on user equipment
reports that users are consistently experiencing dropped voice calls (in contrast to dropped sessions involving
non-voice communications) at an unacceptable level during peak periods, or user devices are consistently
denied access to the network due to lack of overall capacity at peak periods.
If the applicant relies on signal strength data (whether network recorded or through drive tests) to demonstrate
a lack of coverage or inadequate quality/capacity the applicant must disclose all underlying data, its thresholds
for acceptable quality in such fashion that all claims and conclusions are independently verifiable.
The Town strongly encourages all applicants to use methods consistent with the FCC rules governing provider
reports and mapping data in 47 C.F.R. Part 1, Subpart V (§§ 1.7000 – 1.7010).
“Alternative tower structure” means man-made trees, clock towers, bell steeples, light poles and similar
alternative-design mounting structures that camouflage or conceal the presence of antennas or towers.
“Adjacent properties or properties adjacent” shall mean (i) those lots or parcels of land that abut another lot or
parcel of land or public right-of-way that is contiguous to a wireless facility site or proposed site and (ii) the
lots or parcels of land or public right-of-way that would be contiguous to lots or parcels or public rights-of-way
but for an intervening local or collector roadway.
“Aesthetic or aesthetics” refers to subjective or objective determinations related to whether and if so, how well
a facility will fit within the character of the area where the facility is proposed. This requires a broad range of
factors including but not limited to visual effects and impact on property values. The Town will consider
aesthetics for all applications and, where not prohibited by federal or state law, reserves the ability to impose
careful placement conditions or restrictions.
“Antenna” means an apparatus designed for the purpose of emitting radiofrequency (RF) radiation, to be
operated or operating from a fixed location pursuant to FCC authorization, for the provision of personal
wireless service and any commingled information services. This definition does not apply to antennas designed
for amateur radio use or satellite dishes for residential or household purposes.

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“Antenna equipment” means equipment, switches, wiring, cabling, power sources, shelters or cabinets
associated with an Antenna, located at the same fixed location as the Antenna, and, when Co-located on a
PWSF Structure, is mounted or installed at the same time as such Antenna.
“Antenna facility” means Antenna and associated Antenna Equipment.
"Applicant" means any individual, corporation, limited liability company, general partnership, limited
partnership, estate, trust, joint-stock company, association of two or more persons having a joint common
interest, or any other entity submitting an application for a wireless communication facility permit, site plan
approval, building permit, and/or any other related approval, for the installation, operation and/or maintaining
of one or more wireless communication facilities.
"Application" shall mean all necessary and required documentation, information, and evidence that an
applicant must submit to receive a wireless communications facility permit, building permit, or other Town
approval for personal wireless service facilities from the Town.
“Backhaul network” means the lines that connect a provider’s towers/cell sites to one (1) or more cellular
telephone switching offices, and/or long distance providers, or the public switched telephone network.
“Balloon test” means the raising of a balloon (or placement of a “crank up” tower, crane or temporary
structure) equal to the height of a proposed personal wireless services facility tower for a period of 4 hours on
a pre-determined date and time prior to approval of a wireless facility permit application to assess the visual
impact of a proposed tower.
“Base station” means for purposes of eligible facilities requests the definition in the FCC’s regulations at 47
CFR § 1.6100 shall apply. A structure or equipment at a fixed location that enables FCC-licensed or authorized
wireless communications between user equipment and a communications network. The term does not
encompass a tower or any equipment associated with a tower.
“Board of Adjustment” means the Board of Adjustment of the Town of Fountain Hills, established pursuant to
Sec. 1.07 of the Zoning Ordinance with membership, powers, duties, and responsibilities as set forth in Article
2A-2 of the Town Code.
Carriers. See Wireless Carriers.
“Cell tower” means a free-standing, guy-wired, or otherwise supported pole, tower, or other structure designed
to support or employed to support equipment and/or antennas used to provide personal wireless services,
including, but not limited to, a pole, monopole, monopine, slim stick, lattice tower or other types of standing
structures.
“CEQ” means the Council on Environmental Quality, as established under NEPA.
"Collocate, colocate" or "collocation, colocation" can have different meanings depending on context.

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1. When and where A.R.S. §§ 9-951 — 9-600 apply, the definition in A.R.S. §§ 9-951.8 shall also apply.
That definition currently states:
"Collocate" or "collocation" means to install, mount, maintain, modify, operate or replace wireless
facilities on, within or adjacent to a wireless support structure or utility pole.
2. Where and when the FCC’s general rules for placement, construction and modification of personal
wireless facilities apply, the definition in 47 C.F.R. § 1.6002(g) shall also apply. That definition currently
states:
Collocation, consistent with § 1.1320(d) and the Nationwide Programmatic Agreement (NPA) for the
Collocation of Wireless Antennas, appendix B of this part, section I.B, means—
(1) Mounting or installing an antenna facility on a pre-existing structure; and/or
(2) Modifying a structure for the purpose of mounting or installing an antenna facility on that
structure.
(3) The definition of “collocation” in § 1.6100(b)(2) applies to the term as used in that section.
3. Where and when the FCC’s rules for wireless facility modifications apply, the definition in 47 C.F.R. §
1.6100(b)(2) shall also apply. That definition currently states:
(2) Collocation. The mounting or installation of transmission equipment on an eligible support structure
for the purpose of transmitting and/or receiving radio frequency signals for communications purposes.
“Complete application, completed application” means an application that contains all the necessary and
required information, records, evidence, reports, and/or data necessary to enable an informed decision to be
made with respect to an application. Where any information is provided pursuant to the terms of this Chapter
and the Development Services Director, Town Engineer or the Town’s expert or consultant, or the Council
determines, based upon information provided, that any additional, further, or clarifying information is needed
as to one or more aspects, then the application will be deemed incomplete until that further or clarifying
information is provided to the satisfaction of the Development Services Director, Town Engineer, Town
Council or the Town’s expert or consultant of the Council.
“Complex” means the entire site or facility, including all structures and equipment, located at the site.
“Council or Town Council” means the Town Council of the Town of Fountain Hills.
“DBM” (dBm) stands for decibel milliwatts, which is a concrete measurement of the wireless signal strength
of wireless networks. It expresses power relative to 1 milliwatt (mW) on a logarithmic scale. Emissions are
measured using positive whole or fractional numbers. Received signal strengths are typically recorded in
negative numbers because they are usually weaker than 1 milliwatt, and can range from approximately -30
dBm to -110 dBm. The closer the number is to 0, the stronger the cell signal. FCC, HHS and OSHA regulate

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safe exposure thresholds but transmitter power (in dBm) is crucial to determining exposure, as it is the starting
point for calculating current exposure limits.
“Deployment” means the placement, construction, or substantial modification of a personal wireless service
facility.
“Development Services Director” (or “Director): T” means the person appointed by the Town Manager to be
the Development Services Director. If there is no such person designated by the Town Manager, the Town
Manager is the Development Services Director.
“Distributed antenna system, DAS” means a network of spatially separated antenna nodes connected to a
common source via a transport medium that provides personal wireless service within a geographic area.
“Effective prohibition” means a finding by the Town Council that if an application seeking approval for a
specific new Personal Wireless Service Facility at a specific location, and a specific height, were to be denied,
such denial would either: (a) prevent an identified Wireless Carrier from providing personal wireless services
within a specific geographic area, or areas, within the Town, or (b) would prevent a specific Wireless Carrier
from constructing a sufficient number of such facilities necessary to enable it to provide Personal Wireless
Services within the Town.
An effective prohibition shall not be found to exist if a Wireless Carrier has Adequate Coverage in a specified
geographic area, such that its end-use customers can use their cellular telephones to connect to landlines using
the Carrier’s Personal Wireless Services; however, the frequencies are not the “most preferred” frequencies of
the Carrier.
An effective prohibition shall also not be found to exist if an applicant fails to establish before the Town
Council that any existing geographic gap or capacity deficiency in the specific Wireless Carrier’s coverage
cannot be remedied through a less intrusive means than what is being proposed, including, but not limited to,
potential installations on alternative less intrusive sites, a shorter tower or facility, the incorporation of a more
stealthy design, etc.
A finding of Effective Prohibition, or lack thereof, shall be based upon an applicant’s submission of sufficient
probative, relevant, and sufficiently reliable evidence and the appropriate weight the Town Council deems
appropriate to afford.
“Eleventh hour submissions” means an applicant’s submission of new and/or additional materials in support of
an application less than five (5) business days before the expiration of an applicable shot clock or at an
otherwise unreasonably short period of time before the expiration of the shot clock, making it impracticable for
the Town Council to adequately review and consider such submissions due to their complexity, volume, or
other factors, before the expiration of the shot clock.

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“Eligible facilities request” means a request that meets the requirements in 47 CFR § 1.6100 for modification
of an existing Tower or Base Station that does not substantially change the physical dimensions of such Tower
or Base Station and involving:
(a) Co-location of new transmission equipment,
(b) Removal of transmission equipment, or
(c) Replacement of transmission equipment.
“Enure” means to operate or take effect. To serve to a person or party's use, benefit, or advantage.
“EPA” means the United States Environmental Protection Agency.
“Existing structure” means light poles, power poles, chimneys, billboards, and other similar structures, which
are placed, within the Town at the time of adoption of this chapter, except existing buildings.
“FAA” means the Federal Aviation Administration or its duly designated and authorized successor agency.
“Facility” means a set of wireless transmitting and/or receiving equipment, including any associated
electronics and electronics shelter or cabinet and generator.
“FCC” means the Federal Communications Commission.
“General population/uncontrolled exposure limits” means the applicable radiofrequency radiation exposure
limits set forth within 47 CFR §1.1310(e)(1), Table 1 Section (ii), made applicable pursuant to 47 CFR
§1.1310(e)(3), as further described and supplemented by the FCC Office of Engineering and Technology
Laboratory Division’s advisory Knowledge Database (KBD), available
at https://apps.fcc.gov/oetcf/kdb/index.cfm.
“HHS” means U.S. Department of Health and Human Services or its constituent agencies, including FDA
Food and Drug Administration, charged with review and compliance, meeting or exceeding requirements of
the RF-emitting consumer devices (e.g., electronic products such as cell phones) for health impacts.
“Height” means, when referring to a tower, personal wireless service facility, or personal wireless service
facility structure, the height shall mean the distance measured from the pre-existing grade level to the highest
point on the tower, facility, or structure, including, but not limited to, any accessory, fitting, fitment, extension,
addition, add-on, antenna, whip antenna, lightning rod or other types of lightning-protection devices attached
to the top of the structure.
“Historic Structure” means any structure that is either on the National Register of Historic Places or is eligible
for inclusion in the national register, irrespective of whether or not an application for inclusion onto the
national register has been filed or not filed.

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“Illegally excessive RF radiation or illegally excessive radiation” means RF radiation emissions at levels that
exceed the legally permissible limits set forth within 47 CFR §1.1310(e)(1), Table 1 Sections (i) and (ii), as
made applicable pursuant to 47 CFR §1.1310(e)(3).
“In-kind call testing” means testing designed to measure the gap in Personal Wireless Service coverage
asserted by an applicant. In-Kind Call Testing for a claimed gap in Personal Wireless Services in buildings
means call testing performed in buildings to establish the existence or absence of such a gap, unless the
applicant provides an affidavit sworn under penalties of perjury demonstrating good faith but unsuccessful
attempts to secure access to buildings to conduct such testing. In-Kind Call Testing for a claimed gap in
Personal Wireless Services in vehicles or in the open air means call testing performed in vehicles or in the
open to establish the existence or absence of such a gap.
“In-kind replacement” means the replacement of a malfunctioning component(s) with a properly functioning
component of substantially the same weight, dimensions, and outward appearance.
“Least intrusive” means the location and design of a personal wireless service facility that would remedy a
significant gap in Personal Wireless Service coverage and (1) does the least disservice to the objectives stated
in § 270-219A(2), and (2) deviates as little as possible from (a) the preferential order of location in subsection
K (Priority of siting locations) and (b) applicable design standards in subsection L.
“Macrocell” means a cellular base station that typically sends and receives radio signals from large towers and
antennas. These include traditionally recognized cell towers, typically ranging from 50 to 199 feet in height.
“Maintenance or routine maintenance” means plumbing, electrical or mechanical work that may require a
building permit but that does not constitute a modification to the personal wireless service facility. It is work
necessary to assure that a wireless facility and/or telecommunications structure exists and operates reliably and
in a safe manner, presents no threat to persons or property, and remains compliant with the provisions of this
chapter and FCC requirements.
“Mobile or temporary tower” means a portable tower or other wireless communications facility capable of
being transported in or by a motor vehicle, or otherwise designed to be readily relocated, that is intended or
used to provide wireless communications services on a temporary or emergency basis and is not permanently
affixed to the site on which it is located. The term includes, but is not limited to, cells-on-wheels (COWs),
sites-on-wheels (SOWs), cells-on-light-trucks (COLTs), trailer-mounted monopoles, and similar portable
facilities.
“Monopole” means a wireless support structure that is not more than forty inches in diameter at the ground
level and that has all of the wireless facilities mounted on the pole or contained inside of the pole. Monopoles
are typically unguyed.
“Necessary, or necessity, or need” means what is technologically required for the equipment to function as
designed by the manufacturer and anything less will result in prohibiting the provision of service as intended
and described in the narrative of the application. “Necessary” or “need” does not mean what may be desired,

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preferred, or the most cost-efficient approach and is not related to an applicant’s specific chosen design
standards or unspecified “coverage objectives.” Any situation involving a choice between or among
alternatives or options is not a need or a necessity.
“NEPA” means the National Environmental Policy Act, 42 U.S.C. §4321, et seq.
“NHPA” means the National Historic Preservation Act, 54 U.S.C. 300101 et seq, and 36 CFR Part 800, et seq.
“Node, DAS node” means a fixed antenna and related equipment installation that operates as part of a system
of spatially separated antennas, all of which are connected through a medium through which they work
collectively to provide personal wireless services, as opposed to other types of personal wireless facilities, such
as macrocells, which operate independently.
“Node” means a fixed antenna and antenna equipment installation that operates as part of a system of spatially
separated Antennas, all of which are connected through a medium through which they work collectively to
provide personal wireless services using hand-off capabilities. A 4G (LTE) node is referred to as an ENode B,
and a 5G node is referred to as a GNode B. Some sites incorporate both 4G and 5G. Some 5G capable sites
still rely on a 4G network core.
“Notice address” means an address, which is required to be provided by an applicant at the time it submits an
application, at which the Town, Town Council, and/or Development Services Director or Town Engineer
designee can mail notice, and the mailing of any notice to such address by first-class mail shall constitute
sufficient notice to any and all applicants, co-applicants, and/or their attorneys, to satisfy any notice
requirements under this Chapter, as well as any notice requirements of any other local, state and/or federal law.
“Notice of incompleteness, notice of incomplete application” means a written notice, sent by electronic mail ,
to an applicant seeking approval for the installation of a PWSF, wherein the sender advises the applicant that
its application is either incomplete, the wrong type of application, or is otherwise defective, and setting for the
reason or reasons why the application is incomplete and/or defective.
“Notice of effective prohibition conditions” means a written notice, which is required to be provided to the
Town at the time of the filing of any application by all applicants seeking any approval, of any type, for the
siting, installation, and/or construction of a PWSF, wherein the respective applicant asserts, claims or intends
to assert or claim, that a denial of their respective application, by any agent, employee, board or body of the
Town, would constitute an “effective prohibition ” within the meaning of the TCA, and concomitantly, that a
denial of their respective application or request would violate Section 47 U.S.C. §332(c)(7)(B)(i)(II) of the
TCA.
“Occupational/controlled exposure limits” means the applicable radiofrequency radiation exposure limits set
forth within 47 CFR §1.1310(e)(1), Table 1 Section (i), made applicable pursuant to 47 CFR §1.1310(e)(2).

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"Permit" means written permission required by an authority to install, mount, maintain, modify, operate or
replace a utility pole or monopole, to collocate a wireless facility on a utility pole or wireless support structure
or to collocate wireless facilities on a monopole.
“Permittee” means a holder of a Personal Wireless Service Facility Permit.
“Personal wireless service/personal wireless services” means commercial mobile services, unlicensed wireless
services, and common carrier wireless exchange access services, within the meaning of 47 U.S.C.
§332(c)(7)(c)(i), and as defined therein.
“Personal wireless service facility, personal wireless services facility or PWSF” means a facility or facilities
used for the provision of personal wireless services, within the meaning of 47 U.S.C. §332(c)(7)(c)(ii). It
means a specific location at which a structure that is designed or intended to be used to house or accommodate
antennas or other transmitting or receiving equipment is located. This includes, without limitation, towers of
all types and all kinds of support structures, including but not limited to buildings, church steeples, silos, water
towers, signs, utility poles, or any other structure that is used or is proposed to be used as a
telecommunications structure for the placement, installation and/or attachment of antennas or the functional
equivalent of such. It expressly includes all related facilities and equipment such as cabling, radios and other
electronic equipment, equipment shelters and enclosures, cabinets, and other structures enabling the complex
to provide personal wireless services.
“Pre-existing towers and pre-existing antennas” means any tower or antenna lawfully constructed or permitted
prior to the effective date of this Chapter, including any tower or antenna for which no permit or other zoning
approval was required at the time of construction, provided that the tower or antenna was otherwise lawfully
constructed for which a building permit has been properly issued prior to the effective date of the ordinance
codified in this chapter, including permitted towers or antennas that have not yet been constructed so long as
such approval is current and not expired.
"Private easement" means an easement or other real property right that is only for the benefit of the grantor and
grantee and the grantor's or grantee's successors and assigns.
“Probative evidence” means evidence which tends to prove facts, and the more a piece of evidence or
testimony proves a fact, the greater its probative value, as shall be determined by the Town Council or other
decision making authority, as the finder-of-fact in determining whether to grant or deny applications under this
provision of the Town Code.
“Repairs” means the replacement or repair of any components of a wireless facility or complex where the
replacement is substantially identical to the component or components being replaced, or for any matters that
involve the normal repair and maintenance of a wireless facility or complex without the addition, removal, or
change of any of the physical or visually discernible components or aspects of a wireless facility or complex
that will impose new visible intrusions of the facility or complex as originally permitted.
“RF” means radiofrequency.

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“RF radiation” means radiofrequency radiation. That being electromagnetic radiation, which is a combination
of electric and magnetic fields that move through space as waves, and can include both Non-Ionizing radiation
and Ionizing radiation.
“School” means a public, charter, or private educational institution providing instruction for elementary and
secondary grades as defined in A.R.S. § 15-101 and includes the real property and facilities used for such
educational purpose.
“School property” means any parcel containing a public, charter, or private educational institution providing
instruction for elementary and secondary grades as defined in A.R.S. § 15-101 and includes associated
playgrounds, athletic fields, administrative buildings, parking areas, and other school-related facilities.
“Section 106 Review” means a review under Section 106 of the National Historic Preservation Act.
“Setback” means the distance between (a) any portion of a personal wireless facility and/or complex, including
but not limited to any and all accessory facilities and/or structures, and (b) the exterior line of any parcel of real
property or part thereof which is owned by, or leased by, an applicant seeking to construct or install a personal
wireless facility upon such real property or portion thereof. In the event that an applicant leases only a portion
of real property owned by a landlord, the setback shall be measured from the facility to the line of that portion
of the real property that is actually leased by the applicant, as opposed to the exterior lot line of the non-leased
portion of the property owned by the landlord.
“Shot clock, Arizona” means the statutory timeframes within which the Town must review a wireless
application for completeness of an application for wireless facilities in right-of-way pursuant to A.R.S. § 9594.C.2 and act on a wireless application before it is otherwise deemed approved pursuant to A.R.S. § 9594.C.2. For deemed approved purposes, the Arizona shot clock begins on the date when the Town determines
the application is properly completed. For applications involving wireless facilities not in right-of-way the
FCC shot clock will apply.
Shot clock, FCC: the presumptively reasonable time frame within which the Town must act on a wireless
application, as defined by the FCC, shown below subject to amendment from the FCC. The shot clock begins
when the applicant takes the first procedural step that the Town requires.
a. Aggregate of 60 days:
1) Standby emergency generators at previously permitted macro cell tower
sites.
2) Collocation of small wireless facilities at existing small wireless facility
sites.
3) Eligible Facilities Requests.
b. Aggregate of 90 days:

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1) New small wireless facilities.
2) Collocation applications for additions to existing communications facilities not
defined as an eligible facilities request.
c. Aggregate of 150 days:
1) All other applications, such as development of a new communication tower or facility.
“SHPO” means the Arizona State Historic Preservation Office.
“Site developer or site developers” means individuals and/or entities engaged in the business of constructing
wireless facilities and wireless facility infrastructure and leasing space and/or capacity upon, or use of, their
facilities and/or infrastructure to wireless carriers. Unlike wireless carriers, site developers generally do not
provide personal wireless services to end-use consumers.
“Small cell” means a fixed cellular base station that sends and receives radio signals and is typically mounted
upon poles or support structures at substantially lower elevations than macrocell facilities.
"Small wireless facility" can have different meanings depending on context.
1. When and where A.R.S §§ 9-591 – 9-599 applies, the definition in A.R.S §§ 9-591.19 shall also apply.
That definition means a wireless facility that meets both of the following qualifications:
(a) All antennas are located inside an enclosure of not more than six cubic feet in volume or, in the
case of an antenna that has exposed elements, the antenna and all of the antenna's exposed elements
could fit within an imaginary enclosure of not more than six cubic feet in volume.
(b) All other wireless equipment associated with the facility is cumulatively not more than twentyeight cubic feet in volume, or fifty cubic feet in volume if the equipment was ground mounted before
August 9, 2017. The following types of associated ancillary equipment are not included in the
calculation of equipment volume pursuant to this subdivision:
()i

An electric meter.

()ii

Concealment elements.

()iii

A telecommunications demarcation box.

()iv

Grounding equipment.

()v

A power transfer switch.

()vi

A cutoff switch.

()vii

Vertical cable runs for the connection of power and other services

2. Where and when the FCC’s general rules for placement, construction and modification of personal
wireless service facilities apply, the definition in 47 CFR §1.6002(l) shall apply. That definition states as
follows:

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(a) Small wireless facilities are facilities that meet each of the following conditions:
(i) The facilities—

.i Are mounted on structures 50 feet or less in height including their antennas as defined in §
1.1320(d); or
.ii Are mounted on structures no more than 10 percent taller than other adjacent structures; or
.iii
Do not extend existing structures on which they are located to a height of more than
50 feet or by more than 10 percent, whichever is greater;
(ii) Each antenna associated with the deployment, excluding associated antenna equipment (as defined
in the definition of “antenna” in § 1.1320(d)), is no more than three cubic feet in volume;
(iii) All other wireless equipment associated with the structure, including the wireless equipment
associated with the antenna and any pre-existing associated equipment on the structure, is no more
than 28 cubic feet in volume;
(iv) The facilities do not require antenna structure registration under part 17 of this chapter;
(v) The facilities are not located on Tribal lands, as defined under 36 CFR 800.16(x); and
(vi) The facilities do not result in human exposure to radiofrequency radiation in excess of the
applicable safety standards specified in § 1.1307(b).
"Special taxing district" means a special district formed pursuant to title ARS 48, chapter 11, 12, 17, 18, 19, 20
or 22.
“Special Use Permit” means the official document or permit granted by the Town Council pursuant to which
an applicant is allowed to file for and obtain a building permit to construct and use a personal wireless services
facility, personal wireless service equipment, and/or any associated structures and/or equipment which are used
to house, or be a part of, any such facility or complex, or to be used to provide personal wireless services.
“State” means the State of Arizona.
“Structure” means a pole, tower, base station, or other building, physical support of any form used for, or to be
used for, the provision of personal wireless service.
“Substantial evidence” means such relevant evidence as a reasonable mind might accept as adequate to support
a conclusion. It means less than a preponderance but more than a scintilla of evidence.
“TCA” means the Telecommunications Act of 1996, Pub. L. No. 104-104, 110 Stat. 56 (1996), codified at
various provisions of Title 47 U.S.C.
“Thermal runaway” means self-heating of an electrochemical system in an uncontrollable fashion.

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“Tolling or tolled” means the pausing of the running of the time period permitted under the applicable shot
clock for the respective type of application for a personal wireless services facility. Where a shot clock is tolled
because an application has been deemed incomplete and timely notice of incompleteness was mailed to the
applicant, the submission of additional materials by the applicant to complete the application will end the
tolling, thus causing the shot clock period to resume running, as opposed to causing the shot clock to begin
running anew.
“Tower” means a mast, pole, monopole, slim stick, guyed tower, lattice tower, freestanding tower, or other
structure designed to support or employed to support antennas and other equipment, including but not limited
to dishes, transceivers and arrays used to provide personal wireless services and wireless communications
services. A ground- or building-mounted mast greater than ten feet tall and six inches in diameter supporting
one or more antennas, dishes, arrays, etc. shall be considered a communications tower.
“Town” means the Town of Fountain Hills.
“Town code” means the Town Code of the Town of Fountain Hills.
“Undertaking” means any application seeking Town approval for the installation of a personal wireless
services facility licensed under the authority of the FCC shall constitute an undertaking within the meaning of
NEPA, in accord with 42 CFR §137.289 and 36 CFR §800.16.
“Utility” means Arizona (under ARS § 40-360.51 (5)): A public utility includes corporations or persons
engaged in furnishing water, gas, electricity, telephone service, or sewage disposal to the public for
compensation.
“Utility service antennas” means antenna placed on or near utility boxes, poles, switches, storage tanks, etc.,
and used by a utility provider to facilitate the operation of the utility system.
“Wireless carriers or carrier” means companies that provide Personal Wireless Services to end-use consumers.
“Wireless communication” means the transmission of voice or data without cable or wires.
“Wireless communication facility” means wireless communication facilities including, but not limited to,
facilities that transmit and/or receive electromagnetic signals for cellular radio telephone service, personal
communications services, enhanced specialized mobile services, paging systems, and related technologies.
Such facilities also include antennas, microwave dishes, parabolic antennas, and all other types of equipment
used in the transmission or reception of such signals; telecommunication towers or similar structures
supporting said equipment; associated equipment cabinets and/or buildings; and all other accessory
development used for the provision of personal wireless services. These facilities do not include radio and
television broadcast towers and government-operated public safety networks.
“Zoning ordinance” means the Zoning Ordinance of the Town of Fountain Hills, as codified in Chapter 1, Sec.
1.01 of the Zoning Ordinance.

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Section 17.03 Requirements
A. General Requirements.
1. Principal or Accessory Use. Antennas and towers may be considered either principal or accessory
uses. A different existing use of an existing structure on the same lot shall not preclude the installation of
an antenna or tower on such lot.
2. Lot Size. For purposes of determining whether the installation of a tower or antenna complies with
district development regulations, including but not limited to setback requirements, lot coverage
requirements, and other such requirements, the dimensions of the entire lot shall control, even though the
antennas or towers may be located on leased parcels within such lot.
3. Aesthetics. Towers and antennas shall meet the following requirements:
a. Towers shall, subject to any applicable standards of the FAA, be painted a neutral color so as to
reduce visual obtrusiveness.
b. At a tower site, the design of the buildings and related structures shall, to the extent possible, use
materials, colors, textures, screening, and landscaping that will blend them into the natural setting and
surrounding buildings.
c. If an antenna is installed on a structure other than a tower, the antenna and supporting electrical
and mechanical equipment must be of a neutral color that is identical to, or closely compatible with,
the color of the supporting structure so as to make the antenna and related equipment as visually
unobtrusive as possible.
d. The choice of design for installing a new wireless communication facility or the substantial
modification of an existing wireless communication facility shall be chosen to minimize the potential
adverse impacts that the new or expanded facility may, or is likely to, inflict upon nearby properties.
Concealment elements should be used to camouflage the pole and antennas.
e. Accessory Structures. Unless approved by the Town Council, all equipment associated with a
wireless communication tower is to be located below grade in a vault. If above grade accessory
structures are approved by the Town Council, they shall comply with the following requirements.
i. Accessory structures shall maximize the use of building materials, colors, and textures
designed to blend with the natural surroundings. The use of specified concealment elements for
communications towers may be required by the Council to blend the communications tower
and/or its accessory structures further into the natural surroundings using specified concealment
elements.

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ii. Accessory structures shall be designed to be architecturally similar, compatible with each
other, and shall be no more than 12 feet high. The buildings shall be used only for housing
equipment related to the particular site. Whenever possible, the buildings shall be joined or
clustered so as to appear as one (1) building.
iii. No portion of any telecommunications tower or accessory structure shall be used for a sign or
other advertising purpose, including but not limited to the company name, phone numbers,
banners, and streamers, except the following. A sign of no greater than 2 square feet indicating the
name of the facility owner(s) and a twenty-four (24) hour emergency telephone shall be posted
adjacent to any entry gate. In addition, “no trespassing” or other warning signs may be posted on
the fence. All signs shall conform to the sign requirements of the Town.
f. Towers must be placed to minimize visual impacts. Applicants shall place towers on the side slope
of the terrain so that, as much as possible, the top of the tower does not protrude over the ridgeline, as
seen from public ways.
g. Existing Vegetation. Existing vegetation shall be preserved to the maximum extent possible. No
cutting of trees shall take place on a site connected with an application made under this chapter prior
to the approval of the application.
h. Screening.
i. Tree plantings may be required to screen portions of the telecommunications tower and
accessory structures from nearby residential property as well as from public sites known to
include important views or vistas. The standard buffer shall consist of a landscaped strip at least 4
feet wide outside the perimeter of the compound.
ii. Where a site adjoins a residential property or public property, including streets, screening
suitable in type, size and quantity shall be required by the Town Council.
iii. The applicant shall demonstrate to the approving board that adequate measures have been
taken to screen and abate noise emanating from on-site equipment, including but not limited to
heating and ventilating units, air conditioners, and emergency power generators.
Telecommunications towers shall comply with all applicable sections of this chapter as it pertains
to noise control and abatement.
i. Utility Services Antennas.
i. If placed on another utility structure such as a water tower, the antenna shall be painted to
blend with the building or equipment it is placed on.
ii. If a separate tower structure is used, the design shall comply with the provisions in this
section.

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j. Data-Only and Information Service Facilities. To the maximum extent permitted by federal and state
law, any wireless facility used exclusively for the provision of an information service, data collection,
telemetry, machine-to-machine communication, sensing, monitoring, or another service that does not
constitute a personal wireless service under 47 U.S.C. § 332(c)(7)(C) or a telecommunications service
protected by 47 U.S.C. § 253 shall be installed underground or flush with grad, including its antenna,
antenna equipment and accessory equipment, where technically feasible. An applicant seeking aboveground installation shall demonstrate through clear and convincing technical evidence that
underground or flush-to-grade installation would prevent the facility from performing its intended
function and that the proposed above-ground installation is the least visually intrusive technically
feasible alternative.
Nothing in this subsection shall require underground placement to the extent the applicant
demonstrates that such requirement is expressly prohibited or preempted by applicable federal or
Arizona law.
4. Lighting. Towers shall not be artificially lighted, unless required by the FAA or other applicable
authority. If lighting is required, the lighting alternatives and design chosen must cause the least
disturbance to the surrounding views and, to the degree possible while complying with FAA requirements,
meet the standards set in Zoning Ordinance Chapter 8, Outdoor Lighting Control.
5. Measurement. For purposes of measurement, tower setbacks and separation distances shall be
calculated and applied to facilities located in the Town of Fountain Hills irrespective of municipal and
county jurisdictional boundaries.
6. Not Essential Services. Towers and antennas shall be regulated and permitted pursuant to this chapter
and shall not be regulated or permitted as essential services, public utilities, or private utilities.
7. Franchises. Owners and/or operators of towers or antennas shall certify that all franchises required by
law for the construction and/or operation of a wireless communication system in the Town of Fountain
Hills have been obtained and shall file a copy of all required franchises with the Community Development
Director.
8. Signs. No signs other than those required by law shall be allowed on an antenna or tower.
9. Co-location and Multiple Antenna/Tower Plan. The Town of Fountain Hills encourages tower and
antenna users to submit a single application for approval of multiple towers and/or antenna sites and to
submit applications, which utilize co-location with an existing wireless telecommunications provider.
Applications for approval of multiple sites or for co-location with an existing provider shall be given
priority in the review process.
10. Security fencing. PWSF shall be enclosed by security fencing not less than 6 feet in height and no
more than 8 feet in height, shall be constructed of a block or masonry, and shall be equipped with an

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appropriate anti-climbing device; provided, however, that the Town Council may waive such
requirements, as it deems appropriate.
11. Noise. Submission of applications for towers and associated equipment placed above grade, including
backup generators or power supplies, shall include noise and acoustical information, prepared by a
qualified firm or individual, for the base transceiver station(s), equipment buildings, and associated
equipment such as air conditioning units and backup generators. The Town may require the applicant to
incorporate appropriate noise baffling materials and/or strategies to avoid any ambient noise from
equipment reasonably likely to exceed the applicable noise regulations contained in Section 11-1-7 of the
Town Code.
12. Arizona Licensed Engineer. Any information of an engineering nature that the applicant submits,
whether civil, mechanical, or electrical, shall be certified by an Arizona licensed professional engineer.
13. Verification by Town Engineer. Application approval issued under this chapter shall be conditioned
upon verification by the Town Engineer or designee that such tower structure is structurally sound. Such
verification shall be received by the applicant prior to submission.
14. Access and Parking. Areas sufficient for access to the tower and equipment location and for
temporary off-street parking of at least two vehicles shall be provided. The type and configuration of the
access and parking shall be subject to the standards set forth in Zoning Ordinance Chapter 7, Parking and
Loading Requirements.
15. Minimum Height of Antennas. All antennas shall be located such that:
a. Any person walking adjacent to the transmitting surface of the antenna will be walking on a grade
that is a minimum of eight and one-half (8.5) feet below the transmitting surface; and,
b. No person at ground level will be exposed to an exposure level that is higher than allowed by the
FCC’s general population exposure rules.
16. Fall Zone. Each new tower shall maintain a fall zone having a radius of not less than one hundred
twenty-five percent (125%) of the total height of the tower, measured from the base of the tower. The fall
zone of any tower, pole shall not overlap, in whole or in part, any portion of a public sidewalk, street,
alley, right-of-way, or occupied building.
B. Minimum Setbacks and Separations.
1. Setbacks From Property Lines. Except for utility service antennas, the following setback requirements
shall apply to all towers; provided, however, that the Town Council may reasonably reduce the standard
setback requirements if the goals of this chapter would be better served thereby:
a. Towers must be set back a distance equal to at least one hundred fifty percent (150%) of the height
of the tower from any adjoining lot line. For guyed towers, the required setback shall be measured

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from the outermost guy wire anchor point, and shall additionally account for the manufacturer's or
structural engineer's certified guy-wire failure/whip radius. In no case shall a guy wire anchor, guy
wire, or its calculated failure radius be located within 500 feet of an occupied structure, public rightof-way, or property line, whichever is more restrictive.
b. Accessory buildings must satisfy the minimum zoning district setback requirements.
2. Separations From Adjacent Uses. Except for utility service antennas, the following separation
requirements shall apply to all towers and antennas.
a. Separation From Residential Uses, Schools, and Daycare Centers.
i. Tower separation shall be measured from the base of the tower to the lot line of the residential
uses.
ii. Separation requirements for towers shall be 500 feet from any residentially zoned or used land
including mixed-use.
iii. Separation requirements for towers shall be 500 feet away from public or private K-12
schools and licensed daycare facilities unless an applicant establishes that a lesser setback is
necessary to close a significant gap in the applicant's personal communication service and the
proposed tower is the least intrusive means to do so.
The Town Council may reduce the standard separation requirements to 300’ if, through
information and data presented, the Council determines the goals of this chapter would be better
served thereby.
b. Separation Distances Between Towers. Separation distances between towers shall be applicable
for and measured between the proposed tower and pre-existing towers. The separation distances shall
be measured by drawing or following a straight line between the base of the existing tower and the
proposed base, pursuant to a site plan, of the proposed tower. The separation distances (listed in linear
feet) shall be as shown in Table 2.
Table 17.03 B. Separation Distances Between Towers
Monopole 65 ft. in
height or greater

Monopole 65 ft. in height or greater

2,500 feet

Monopole less than 65 ft. in
height but greater than 40 ft.
in height
2,000 feet

Monopole less than 40
ft. in height

1,000 feet

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Monopole 65 ft. in
height or greater

Monopole less than 65 ft. in height but

Monopole less than 65 ft. in
height but greater than 40 ft.
in height

Monopole less than 40
ft. in height

2,000 feet

2,000 feet

1,500 feet

1,000 feet

1,500 feet

1,000 feet

greater than 40 ft. in height
Monopole less than 40 ft. in height

C. Buildings or Other Equipment Storage.
1. Antennas Mounted on Structures or Rooftops. The equipment cabinet or structure used in association
with antennas shall comply with the following:
a. Unless approved otherwise by the Town Council for good cause shown, but located in an
underground vault.
b. If located above ground:
i. The cabinet or structure shall not contain more than 120 square feet of gross floor area or be
more than 8 feet in height and shall be located on the ground.
ii. Equipment storage buildings or cabinets shall comply with all applicable building codes.
2. Antennas Mounted on Utility Poles, Light Poles, or Towers. The equipment cabinet or structure used in
association with antennas shall be located, unless otherwise approved by the Town Council in an
underground vault. If approved to be above ground, then in accordance with the following:
a. In residential districts, the equipment cabinet or structure may be located:
i. In a required front yard or required street side yard, provided the cabinet structure is no greater
than 3.5 feet in height and 20 square feet of gross floor area and the cabinet/structure is located a
minimum of 3 feet from all lot lines. The cabinet/structure shall be screened by sight obscuring
landscaping which obscures at least ninety-five percent (95%) of the structure at planting and
throughout the duration of the cabinet or structure’s existence with an ultimate height not to
exceed forty-two (42) inches.
ii. In a required rear yard, provided the cabinet or structure is no greater than 5 feet in height or
120 square feet in gross floor area. The cabinet/structure shall be screened by sight obscuring
landscaping which obscures at least ninety-five percent (95%) of the structure at planting and
throughout the duration of the cabinet or structure’s existence with an ultimate height of 6 feet.

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iii. The entry or access side of a cabinet or structure shall be gated by a solid, sight-obscuring
gate that is separate from the cabinet or structure.
b. In commercial or industrial districts the equipment cabinet or structure shall be no greater than 14
feet in height or 300 square feet in gross floor area. The structure or cabinet shall be screened by sightobscuring landscaping with an ultimate height of 16 feet and a planted height of at least 6 feet. The
entry or access side of a cabinet or structure shall be gated by a solid, sight-obscuring gate that is
separate from the cabinet or structure. Such access way shall not face residentially zoned property.
3. Modification of Building Size Requirements. In the case of wireless facilities considered by the Town
Council, the requirements of subsections (C)(1) and (C)(2) of this section may be modified by the Town
Council to address site specific conditions and requirements.
4. Battery Safety. Any battery energy storage or backup power system installed in connection with a PSWF
shall utilize lithium ion phosphate (LiFePO4 or LPE) batteries, which are less prone to thermal runaway
and fire hazard. All battery systems shall comply with applicable fire, electrical, building, and productsafety codes and standards.
D. Co-location.
1. Any new telecommunications tower shall be designed to accommodate future shared use by other
communications providers. Design considerations shall include sufficient area for additional ground
equipment, structural design of the tower, and sufficient electrical power available for the load of at least
two (2) additional wireless service providers.
2. Good Faith. Applicants and permittees shall cooperate and exercise good faith in co-locating wireless
telecommunications facilities on the same support structures or site, if the Town so requests. Good faith
shall include sharing technical information to evaluate the feasibility of co-location, and may include
negotiations for erection of a replacement support structure to accommodate co-location. A competitive
conflict to co-location or financial burden caused by sharing such information normally will not be
considered as an excuse to comply with this section.
3. Third Party Technical Review. In the event a dispute arises as to whether a permittee has exercised
good faith in accommodating other users, the Town may require the applicant to obtain a third-party
technical study at the applicant’s expense. The Town may review any information submitted by the
applicant and permittee(s) in determining whether good faith has been exercised.
4. Exceptions. No co-location may be required where the shared use would or does result in significant
interference in the broadcast or reception capabilities of the existing wireless telecommunications facilities
or failure of the existing wireless telecommunications facilities to meet federal standards for emissions.
5. Violation; penalty. Failure to comply with co-location requirements when feasible may result in denial
of a permit request or revocation of an existing permit. (24-08, Amended, 09/04/2024, Deleted and replaced)

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Section 17.04 Application Types
A. Administrative. The following types of applications are processed administratively by staff:
1. Applications to change or modify an existing administratively approved wireless communication
facility that remains in compliance with all chapter requirements.
2. Applications to change or modify an existing wireless communication facility approved through public
review; provided, that the modification will not:
a. Increase the approved height of the supporting structure by more than ten percent (10%) or 20 feet,
whichever is greater;
b. Cause the original approved number of antennas to be exceeded by more than fifty percent (50%);
c. Increase the original approved square footage of accessory buildings by more than 200 square feet;
d. Add new, additional, or larger microwave antenna dishes;
e. Expand the footprint of said support structure; or
f. Potentially cause significant adverse impacts on the existing support structure or the surrounding
area.
3. Applications for co-location of additional antenna for an additional service provider on an existing
administratively approved tower that remains in compliance with all chapter requirements.
4. Applications for co-location of additional antenna for an additional service provider on an existing
tower approved through public review; provided, that the modification will not:
a. Increase the approved height of the supporting structure by more than ten percent (10%) or 20 feet,
whichever is greater;
b. Cause the original approved number of antennas to be exceeded by more than fifty percent (50%);
c. Increase the original approved square footage of accessory buildings by more than 200 square feet;
d. Add new, additional, or larger microwave antenna dishes;
e. Expand the footprint of said support structure; or
f. Potentially cause significant adverse impacts on the existing support structure or the surrounding
area.
5. Applications for new utility service antenna that comply with the height and setback requirements of
the zoning district in which they are located.

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6. Applications for mobile or temporary wireless facilities for more than seven (7) consecutive days. An
application shall identify the proposed location, purpose, date of installation, anticipated duration of use,
maximum height, equipment to be installed, and measures necessary to ensure public and structural safety.
The permit shall specify the period during which the mobile or temporary tower or facility may remain at
the site, after which the Tower or Facility and all associated equipment shall be removed unless an
extension is approved by the Town. Application materials shall include upon submittal of:
a. Proof of event, emergency, or documented capacity need;
b. A site plan showing setback and fall zone compliance; and
c. Proof of general liability insurance per Section 17.06.G.1.
B. Public Review.
1. Any new tower or modification to existing towers or antennas that do not meet the requirements in
subsection (A) of this section for administrative review shall require review and approval as provided in
subsection 17.05 (C).
2. Any new tower not meeting the setback or separation requirements in Section 17.03(B).

Section 17.05 Application Submittal, Review, and Processing
A. General. Unless waived in writing by Zoning Administrator, the following provisions shall govern the
review of all wireless communication facility applications:
1. Complete Application. Applications for wireless communication facilities shall be filed electronically
on the Town’s website by an owner of real property and shall contain the area proposed for the wireless
communication facility using the process established by the Director for such applications. All such
applications shall include the information required in this section. Applications filed on behalf of the
property owner by a third party shall include a statement from the property owner authorizing the
submittal of the application.
2. Applications shall include documentation of compliance with items listed in Section 17.03(A) as
applicable to the application submitted.
3. Inventory of Existing Sites. Each applicant for a new tower or co-location of new antenna on an
existing tower shall provide to the Development Services Director an inventory of its existing towers,
antennas, or sites approved for towers or antennas, that are either within the jurisdiction of the Town of
Fountain Hills or within one (1) mile of the border thereof, including specific information about the
location, height, and design of each tower. Each applicant shall also provide a one (1) year build-out plan
for all other wireless communications facilities within the Town. The Development Services Director may

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share such information with other applicants applying for administrative approvals or special use permits
under this chapter or with other organizations seeking to locate antennas within the jurisdiction of Town of
Fountain Hills; provided, however, that the Development Services Director is not, by sharing such
information, in any way representing or warranting that such sites are available or suitable.
4. Utility Service Antennas.
a. If the antenna complies with the height requirements of the underlying zoning district, the plans
for the antenna will be reviewed and approved with the overall site development plans if the site is
being developed concurrently. If the antenna is being added to an existing utility site, the plans will be
reviewed and processed consistent with the requirements of subsection (C)(2) of this section.
b. If the antenna does not comply with the height requirements of the underlying zoning district, the
plans for the antenna will be reviewed and processed consistent with the requirements of subsection
(C)(3) of this section.
5. A list of the full names and contact information for all applicants, co- applicants, facility owner(s),
facility operator(s), site developer(s), and wireless carrier(s), property owner(s) and other related third
parties and their agent(s), if any, on whose behalf the application is being submitted.
6. Proof of Authorization for Site Occupancy. Where an applicant is not the owner of the real property
upon which it seeks to install its equipment or facility, it shall submit proof of authorization to occupy the
site at issue.
If the applicant is leasing all or a portion of real property upon which it intends to install its facility or
equipment, then the applicant shall provide a written copy of its lease with the owner of such property.
The applicant may redact any financial terms contained within the lease, but it shall not redact any portion
of the lease which details the amount of area leased nor the specific portion of the real property to which
the applicant has obtained the right to occupy, access, or preclude others from entering.
Where an applicant seeks to Co-Locate new equipment into an existing facility, it shall provide a copy of
its written co-location agreement with the owner of such pre-existing facility, from which it may redact
any financial terms.
7. Fire Safety: The applicant shall submit a Fire Safety Plan that includes a general description of the
personal wireless services facility for purposes of ensuring the Fire Department is fully informed and
prepared in case of a fire. The Fire Safety Plan shall include:
a. Location of all Fire Safety Plan documents.
b. Location of the facility’s alarm panel.
c. List of emergency contacts.

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d. Specific responsibilities assigned to designated personnel.
e. Location of signal-processing equipment.
f. Location and listing of types of power equipment, including rectifiers, inverters, distribution
cabinets, bus bars, cables, and communications raceways.
g. Listing and location of batteries, including description of quantities and types of batteries,
specifying whether batteries are lithium-ion, nickel cadmium, sodium-nickel, valve-regulated lead
acid, and/or vented, and description of any associated exhaust ventilation system(s).
h. Description of actions to detect and prevent thermal runaway events.
i. Description of whether the facility will be located in a lightning-prone area. If the facility is to be
located in a lightning-prone area, description of how the facility shall comply with NFPA 780
Standard for the Installation of Lightning Protection Systems;
j. Description of location and types of fuses used to ensure that if the wireless transmission facility
experiences overcurrent resulting from current exceeding the rating of equipment or the ampacity of a
conductor, the facility shall turn off temporarily.
k. Depowering procedures including identification of locations of electrical depowering devices,
which include:
i. Coded floor prints located in the Fire Safety Plan document;
ii. Facility signage to direct fire personnel to depowering locations;
iii. The method of turning off power to the following:
1) Alternating current power board. This is the primary source of electric power for a
telecommunications facility and is supplied by the local power company.
2) Standby power generator. This unit, usually a turbine or diesel generator, provides standby
ac power that is transferred manually or automatically whenever a loss of ac power is
experienced.
3) Direct current primary disconnect fuse or circuit breaker bay. This unit distributes dc
power to the secondary fuse or circuit breaker panels throughout the central office. The
secondary fuse or circuit breaker panels feed all the operating voltages to the central office
branch circuits.
4) Uninterruptible power supply (UPS)
5) HVAC systems serving the facility

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6) Alternative energy devices, such as wind turbines, fuel cells, photovoltaic systems, or other
devices providing power to the facility.
l. Detailed electrical designs, signed and stamped by a licensed electrical engineer, demonstrating compliance
with the Building, Electric and Fire Code. The Code compliance demonstration shall include all necessary
underlying calculations and inputs, including but not limited to:
a. A short circuit and coordination study (“SCCS”) calculated pursuant to the IEEE 551-2006:
Recommended Practice for Calculating AC Short-Circuit Currents in Industrial and Commercial Power
Systems or the latest version of that standard. The study must demonstrate the protection devices will
ensure the equipment enclosure will not be breached. The SCCS must include analysis of Voltage
Transient Surges due to contact of conductors of different voltages;
b. A one-line diagram of the electrical system;
c. Voltage Drop & Load Flow Study;
d. Load Calculation;
e. Panel Directories;
8. Soil Erosion and Sedimentation Control: A soil erosion and sedimentation control plan, prepared in
accordance with the standards as established by the Town Engineering Division.
9. Engineer’s Report: For the construction of all new wireless facilities and to the extent not already
mandated herein, the applicant shall provide a report prepared and certified by a professional engineer
certifying the integrity and safety of all proposed new towers and/or structures and indicating the location,
type, and height of the proposed personal wireless services facility, antenna capacity, on-site and abutting
off-site land uses, means of access, setbacks from property lines, all applicable American National
Standards Institute (ANSI) technical and structural codes. To the extent that an application proposes the
co-location of new equipment onto an existing tower or personal wireless services facility, the applicant
shall provide an engineer's report certifying that the proposed shared use will not diminish the structural
integrity and safety of the existing structure and explaining what modifications, if any, will be required in
order to certify above.
10. Visual Impact Analysis. The applicant shall provide a completed visual impact analysis that shall
include the following:
a. A “Zone of Visibility Map” to determine locations from where the new facility will be seen.
b. A visual impact analysis which shall include photographic images taken from the perspectives of
the properties situated in closest proximity to the location being proposed for the siting of the facility,
as well as those properties which would reasonably be expected to sustain the most significant adverse
aesthetic impacts due to such factors as their close proximity to the site, their elevation relative to the
site, the existence or absence of a “clear line of sight” between the tower location and their location.

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The photographic images shall depict the height at which the proposed facility shall stand when
completed, including all portions and proposed attachments to the facility, including, but not limited to, the
main support structure, all antennas, transmitters, whip antennas, lightning rods, t-bars, crossbars, and
cantilever attachments which shall, in whole or in part, be affixed to it, any and all surrounding equipment
compound(s), fencing, cellular equipment cabinets, transformers, transformer vaults and/or cabinets, sector
distribution boxes, ice bridges, backup generators, including but not limited to equipment boxes, switch
boxes, backup generators, ice bridges, etc., to the extent that any of such compound and/ or equipment will
be visible from properties other than the property upon which the proposed tower and compound are to be
installed.
The photographic images shall show the maximum silhouette, viewshed analysis, color and finish palette,
and proposed screening and landscaping. The analysis shall include the results of the drone/balloon test,
and other information as necessary to determine visual impact of the facility. The analysis shall include a
map depicting where the photos were taken. Where consistent with the natural or built environment, the
analysis shall include a native vegetation landscaping plan with a visual simulation of how the chosen
plants, at maturity, will screen the site.
11. For proposed towers and facilities taller than 100 feet, the applicant shall perform a balloon test and
shall publish reasonably advanced public notice of the same to enable the Reviewing Authority, property
owners, and the community an opportunity to assess the actual adverse aesthetic impact which the
proposed facility is likely to inflict upon the nearby properties and surrounding community. The balloon
test shall be conducted for not less than eight four consecutive hours between 7:00 a.m. and 6:00 p.m. The
primary test shall be conducted on a weekend. Said date and time will be established by the Development
Services Director in coordination with the applicant, including an alternative date in case of inclement
weather. If a balloon is used, the diameter shall be equal to the largest antenna or dish proposed for the
CRS tower or the width of the tower, whichever is larger. The applicant will be responsible for publishing
a public notice of the balloon test in at least one local newspaper publication and notifying abutters owning
property within one thousand (1,000) feet radius, via U.S. Mail at least one week prior to the test.
12. If the application is for a facility that will not be attached to an existing utility pole and the facility’s
proposed height will be greater than 30 feet then structural elevations of the facility(ies) shall include any
trees and other structures within twenty (20’) feet, and their height.
13. Environmental Assessment Form. A completed environmental assessment form (EAF) and a
completed visual EAF addendum if required by ADEQ.
14. FCC Compliance Report.
An FCC compliance report, prepared by a licensed engineer, and certified under penalties of perjury, that
the content thereof is true and accurate, wherein the licensed engineer shall certify that the proposed
facility will be FCC compliant as of the time of its installation, meaning that the facility will not expose

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members of the general public to radiation levels that exceed the permissible radiation limits which the
FCC has set.
If it is anticipated that more than one carrier and/or user is to install transmitters into the facility, the FCC
compliance report shall take into account anticipated exposure from all users on the facility and shall
indicate whether or not the combined exposure levels will or will not exceed the permissible General
Population Exposure Limits, or alternatively, the occupational Exposure Limits, where applicable.
Such FCC Compliance Report shall provide the calculation or calculations with which the engineer
determined the levels of RF radiation and/or emissions to which the facility will expose members of the
general public.
On the cover page of the report, the report shall explicitly specify: (a) Whether the applicant and their
engineer are claiming that the applicable FCC limits based upon which they are claiming FCC compliance
are the General Population Exposure Limits or the Occupational Exposure Limits. If the applicant and/or
their engineer are asserting that the Occupational Exposure Limits apply to the proposed installation, they
shall detail a factual basis as to why they claim that the higher set of limits is applicable, (b) The exact
minimum distance factor, measured in feet, which the applicant’s engineer used to calculate the level of
radiation emissions to which the proposed facility will expose members of the general public. The
minimum distance factor is the closest distance (i.e., the minimum distance) to which a member of the
general public shall be able to gain access to the transmitting antennas mounted upon, or which shall be a
part of, the proposed facility.
15. FCC License. A copy of any applicable Federal Communications Commission license possessed by
any carrier named as an applicant, co-applicant, or whose equipment is proposed for installation as of the
time the application is being filed with the Town.
16. Effective Prohibition Claims.
a. The Town is aware that applicants seeking approvals for the installation of new wireless Facilities
often assert that federal law, and more specifically the TCA, prohibits the local government from
denying their respective applications.
In doing so, they assert that their desired facility is “necessary” to remedy one or more significant
gaps in a carrier’s personal wireless service, and they proffer computer-generated propagation maps to
establish the existence of such purported gaps.
The Town is additionally aware that, in December 2018, driven by a concern that propagation maps
created and submitted to the FCC by wireless carriers were inaccurate, the FCC caused its staff to
perform actual drive tests, wherein the FCC staff performed 24,649 tests, driving nearly ten thousand
(10,000) miles through twelve (12) states, with an additional 5,916 stationary tests conducted at 42
locations situated in nine (9) states.

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At the conclusion of such testing, the FCC Staff determined that the accuracy of the propagation maps
submitted to the FCC by the wireless carriers had ranged from as little as 16.2% accuracy to a
maximum of 64.3% accuracy.
As a result, the FCC Staff recommended that the FCC no longer accept propagation maps from
wireless carriers without supporting drive test data to establish their accuracy. A copy of the FCC
Staff’s 66-page report is made a part of this Chapter as Appendix 1.
The Town considers it of critical import that applicants provide truthful, accurate, complete, and
sufficiently reliable data to enable the Town Council to render determinations upon applications for
new wireless facilities consistent with this Chapter’s requirements and the TCA’s statutory
requirements.
Consistent with same, if, at the time of filing an application under this Chapter, an applicant intends to
assert before the Town Council or the Town that: (a) an identified wireless carrier suffers from a
significant gap in its personal wireless services within the Town, (b) that the applicant’s proposed
installation is the least intrusive means of remedying such gap in services, and/or (c) that under the
circumstances pertaining to the application, a denial of the application by the Town Council would
constitute an “effective prohibition” under Section 47 U.S.C. §332 the TCA, then, at the time of filing
such application, the applicant shall be required to file a written statement which shall be entitled:
“Notice of Effective Prohibition Conditions”
If an applicant files a Notice of Effective Prohibition Conditions, then the applicant shall be required
to submit Probative Evidence to enable the Town Council to reasonably determine:
i. Whether or not the conditions alleged by the respective applicant exist,
ii. Whether there exists a significant gap or gaps in an identified wireless carrier’s personal
wireless services within the Town,
iii. The geographic locations of any such gaps, and
iv. The geographic boundaries of such gaps, to enable the Town Council to determine whether
granting the respective application would be consistent with the requirements of this Chapter and
the legislative intent behind same, and whether or not Federal law would require the Town
Council to grant the respective application, even if it would otherwise violate the Town Code,
including, but not limited to, this Chapter.
b. The additional materials which the applicant shall then be required to provide shall include the
following:
i. Drive Test Data and Maps. If, and to the extent that an applicant claims that a specific
wireless carrier suffers from a significant gap in its personal wireless services within the Town,

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the applicant shall conduct or cause to be conducted a drive test within the specific geographic
areas within which the applicant is claiming such gap or gaps exist, for each frequency at which
the carrier provides personal wireless services. The applicant shall provide the Town and the
Town Council with the actual drive test data recorded during such drive test, in a simple format
which shall include, in table format:
1) The date and exact time of day for the test or tests,
2) The location, in longitude and latitude, of each point at which signal strength was recorded
and
3) Each signal strength recorded, measured in DBM, for each frequency. Such data is to be
provided in a separate table for each frequency at which the respective carrier provides
personal wireless services to any of its end-use customers.
4) The applicant shall also submit drive test maps depicting the actual signal strengths
recorded during the actual drive test for each frequency at which the carrier provides personal
wireless services to its end-use customers.
If an applicant claims that it needs a “minimum” signal strength (measured in DBM) to
remedy its gap or gaps in service, then for each frequency, the applicant shall provide three
(3) signal strength coverage maps reflecting actual signal strengths in three (3) DBM bins, the
first being at the alleged minimum signal strength, and two (2) additional three (3) DBM bin
maps depicting signal strengths immediately below the alleged minimum signal strength
claimed to be required.
By way of example, if the applicant claims that it needs a minimum signal strength of – 95
DBM to remedy its alleged gap in service, then the applicant shall provide maps depicting the
geographic area where the gap is alleged to exist, showing the carrier’s coverage at – 95 to 98 DBM, -99 to -101 DBM, and -102 to -104 DBM, for each frequency at which the carrier
provides personal wireless services to its end-use customers.
ii. Denial of Service and/or Dropped Call Records. If and to the extent that an applicant claims
that a specific wireless carrier suffers from a capacity deficiency or a gap in service that renders
the carrier incapable of providing adequate coverage of its personal wireless services within the
Town, then the applicant shall provide dropped call records and denial of service records
evidencing the number and percentage of calls within which the carrier’s customers were unable
to initiate, maintain and conclude the use of the carrier’s personal wireless services without actual
loss of service, or interruption of service.
iii. The equipment and methodology used.

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iv. A list of any concurrent special events, festivals, road closures, or unusual network conditions
occurring in the test area during the test period.
17. Estimate for Cost of Removal of Facility. At or prior to the filing of an application for a special use
permit for the installation of a new personal wireless service facility, each respective applicant shall
provide a written estimate for the cost of the decommissioning and removal of the facility, including all
equipment that comprises any portion or part of the facility, compound and/or complex, as well as any
accessory facility or structure, including the cost of the full restoration and reclamation of the site, to the
extent practicable, to its condition before development in accord with the decommissioning and
reclamation plan required herein. The Town Council’s Engineer shall review this estimate. A bond for the
cost of removal as required in Sec. 17.06 A. 2. shall be filed prior to commencement of construction.
18. Property Owner Consent & Liability Acknowledgement. A signed written consent from each owner of
the subject real property upon which the respective applicant is seeking installation of its proposed
personal wireless service facility, wherein the owner or owners both authorize the applicant to file and
pursue its application and acknowledge the potential landowner’s responsibility, under Section 17.08 for
engineering, legal and other consulting fees incurred by the Town.
19. Applications Using Existing Towers.
a. Dimensioned, to-scale drawings showing the existing and proposed antenna on the tower including
the height of the tower and the antennas.
b. The number and type of existing and proposed antennas.
c. Engineering calculations documenting the structural changes and certifying the tower’s ability to
carry the new antennas.
d. Dimensioned, to-scale drawings illustrating modification of ground equipment, if any.
20. Applications Using New Towers
In addition to any information required for applications for special use permits pursuant to Chapter 2,
Section 2.02, applicants for a new wireless facility shall submit the following information:
a. A site plan as required in Section 2.04 plus zoning, General Plan classification of the site and all
properties within the applicable separation distances set forth in Section 17.03(B)(1), adjacent
roadways, proposed means of access, elevation drawings of the proposed tower and any other
structures, photo simulations showing the tower in the proposed location from at least four (4)
directions, and other information deemed by the Development Services Director to be necessary to
assess compliance with this chapter.
b. The setback distance between the proposed tower and the nearest residential unit and residentially
zoned properties. Include an illustration of the fall zone for the tower.

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c. The separation distance from other towers described in the inventory of existing sites submitted
pursuant to Section 17.03(B)(2) shall be shown on an updated site plan or map. The applicant shall
also identify the type of construction of the existing tower(s) and the owner/operator of the existing
tower(s), if known.
d. Method of fencing, and finished color and, if applicable, the method of camouflage and
illumination.
e. A description of compliance with Sections 17.03(A)(3), 17.03(A)(4), 17.03(A)(5), 17.03(A)(7),
17.03(A)(8), 17.03(A)(9), 17.03(A)(10), 17.03(A)(11), 17.03(B), subsection (A)(3) of this section,
Sections 17.06(A) and 17.06(B) and all applicable federal, state or local laws.
f. A notarized statement by the applicant as to whether construction of the tower will accommodate
collocation of additional antennas for future users.
g. Identification of the entities providing the backhaul network for the tower(s) described in the
application and other cellular sites owned or operated by the applicant in the municipality.
h. Alternatives Analysis. An itemized list of alternative sites considered, with a comprehensive
explanation of reasons alternative sites are not technologically feasible. Explanation shall include
specific comparative analysis of how different sites would impact aesthetic values, and other
environmental values.
i. A description of the feasible alternative location(s) of future towers or antennas within the Town of
Fountain Hills based upon existing physical, engineering, technological or geographical limitations in
the event the proposed tower is erected.
j. A statement of compliance with Federal Communications Commission (FCC) radio frequency
(RF) exposure standards.
k. A biological resource survey addressing potential impacts to locally present protected or sensitive
species, including but not limited to the Sonoran Desert Tortoise (Gopherus morafkai). The survey
shall include the following:
i. A proposed facility description including location, height of tower as measured from the
ground, description of associated equipment, width and length of access roads and driveways, and
length and right-of-way width of power and communication lines;
ii. Existing biological resources on-site including quantification of vegetation and habitat types,
color photo documentation of on-site and surrounding vegetation, a description of water
resources, potential habitat for federal and state-listed species, and sensitive species habitats;
iii. The results of any focused surveys for federally listed species (if required); and

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iv. Impacts to biological resources including quantification of the habitat to be removed as a result
of the proposed facility.
The director may waive this requirement based on a finding that existing information verifies the lack
of such biological resources on the site.
21. Filing Fee. Payment of a filing fee in an amount established by a schedule adopted by resolution of
the Council and filed in the offices of the Town Clerk. No part of the filing fee shall be returnable.
B. Shot Clocks and Tolling. To comply with the requirements of Section 47 U.S.C. §332(c)(7)(B)(ii) of the
TCA, the following shot clock periods set forth hereinbelow shall be presumed to be reasonable periods within
which the Town shall render determinations upon applications for wireless communication facilities.
The Town shall render determinations upon such applications within the periods set forth hereinbelow, unless
the applicable shot clock period listed below is tolled, extended by agreement or the processing of the
application is delayed due to circumstances beyond the Town’s control.
1. Application Shot Clocks.
a. Receipt of Initial Application. Upon receipt of an application, the Development Services Director,
or designee, shall review the application for completeness. If the Director determines the application
is: (i) incomplete, (ii) missing required application materials, (iii) is the wrong type of application, or
(iv) is otherwise defective, then, within ten (10) days for administrative applications and thirty (30)
days for public hearing applications of the Town’s receipt of the application, the Director, or their
designee, shall notify the applicant of the finding and state what is needed to have a complete
application.
The notice of incompleteness shall toll the shot clock, which shall not thereafter resume running
unless and until the applicant tenders an additional submission to the Director to remedy the issues
identified in the notice of incomplete application. The submission of any responsive materials by the
applicant shall automatically cause the shot clock period to resume running.
If upon receipt of any additional materials from the applicant, the Director determines that the
application is still incomplete and/or defective, then the Director shall, once again notify the applicant
within ten (10) days for administrative applications and thirty (30) days for public hearing applications
of the applicant having filed its supplemental or corrected materials to the Town and the shot clock
shall once again be tolled, and the same procedure provided for hereinabove shall be repeated.
If Applicant does not cure the stated deficiencies within 30 days, the application shall be considered
withdrawn or closed.

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b. Application Review. The shot clock for administrative applications is ninety (90) days. The shot
clock for applications with new towers, monopoles, utility poles and other wireless facilities that
trigger public review applications is one hundred fifty (150) days.
2. Shot Clock Tolls, Extensions and Reasonable Delay Periods. Consistent with the letter and intent of
Section 47 U.S.C. §332(c)(7)(B)(ii) of the TCA, each of the shot clock periods set forth within subsection
(B) of this section shall generally be presumed to be sufficient periods within which the Town shall render
decisions upon applications.
Notwithstanding the same, the applicable shot clock periods may be tolled, extended by mutual agreement
between any applicant and/or its representative and the Town, and the Town shall not be required to render
its determination within the shot clock period presumed to be reasonable for each type of application,
where the processing of such application is reasonably delayed, as described hereinbelow.
a. Tolling of the Applicable Shot Clock Due to Incompleteness and/or Applicant Error. As provided
for within subsection (B)(1) of this section, in the event that the Development Services Director deems
an application incomplete, the Director shall send a notice of incompleteness to the applicant to notify
the applicant that its application is incomplete and/or contains material errors, and shall reasonably
identify the missing information and/or documents and/or the error(s) in the application.
If the Director sends a notice of incompleteness as described hereinabove, the applicable shot clock
shall automatically be tolled, meaning that the applicable shot clock period within which the Town is
required to render a final decision upon the application shall immediately cease running, and shall not
resume running, unless and until the Town receives a responsive submission from the applicant.
If and when the applicant thereafter submits additional information in an effort to complete its
application, or cure any identified defect(s), then the shot clock shall automatically resume running,
but shall not be deemed to start running anew.
The applicable shot clock period shall, once again, be tolled if the Director thereafter provides a
second notice that the application is still incomplete or defective, despite any additional submissions
which have been received by the Town, from the applicant, up to that point.
b. Shot Clock Extension by Mutual Agreement. The Town shall be free to extend any applicable shot
clock period by mutual agreement with any respective applicant. This discretion on the part of the
Town shall include the Town’s authority to request, at any time, and for any period of time the Town
may deem reasonable or appropriate under the circumstances, consent from a respective applicant to
extend the applicable shot clock period to enable the Town, the applicant, or any relevant third party,
to complete any type of undertaking or task related to the review, analysis, processing, and
determination of the particular application, which is then pending before the Town, to the extent that
any such undertaking, task, or review is consistent with, or reasonably related to, compliance with any

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federal, state, or local law and/or the requirements of any provision of the Town Code, including but
not limited to this chapter.
In response to any request by the Town, the applicant, by its principal, agent, attorney, site acquisition
agent, or other authorized representative, can consent to any extension of any applicable shot clock by
affirmatively indicating its consent either in writing or by affirmatively indicating its consent on the
record at any public hearing or public meeting. The Town shall be permitted to reasonably rely upon a
representative of the applicant indicating that they are authorized to grant such consent on behalf of
the respective applicant, on whose behalf they have been addressing the Town within the review
process.
c. Reasonable Delay Extensions of Shot Clock Periods. The Town recognizes that there may be
situations wherein, due to circumstances beyond the control of the Town and/or the Town Council, the
review and issuance of a final decision upon an application for a wireless communication facility
cannot reasonably be completed within the application shot clock periods delineated within subsection
(B) of this section.
If, despite the exercise of due diligence by the Town, the determination regarding a specific
application cannot reasonably be completed within the applicable shot clock period, the Town shall be
permitted to continue and complete its review and issue its determination at a date beyond the
expiration of the applicable period, if the delay of such final decision is due to circumstances
including, but not limited to, those enumerated hereinbelow, each of which shall serve as a reasonable
basis for a reasonable delay of the applicable shot clock period.
i. In the event that the rendering of a final decision upon an application under this chapter is
delayed due to natural and/or unnatural events and/or forces which are not within the control of
the Town, such as the unavoidable delays experienced in government processes due to the
COVID 19 pandemic, and/or mandatory compliance with any related federal or state government
orders issued in relation thereto, such delays shall constitute reasonable delays which shall be
recognized as acceptable grounds for extending the period for review and the rendering of final
determinations beyond the period allotted under the applicable shot clock.
ii. In the event that applicant tenders eleventh-hour submissions to the Town in the form of (a)
expert reports, (b) expert materials, and/or (c) materials which require a significant period for
review due either to their complexity or the sheer volume of materials which an applicant has
chosen to provide to the Town at such late point in the proceedings, the Town shall be afforded a
reasonable time to review such late-submitted materials.
If reasonably necessary, the Town shall be permitted to retain the services of an expert consultant
to review any late-submitted expert reports which were provided to the Town, even if such review
or services extend beyond the ap