CHAPTER 8-09
UTILITY POLES AND WIRES
SECTIONS:
8-09-001-0001 DEFINITIONS
8-09-001-0002 UNDERGROUNDING AND COLLOCATION; WAIVER; EXEMPTIONS
8-09-001-0003 APPLICATION FOR PERMITS
8-09-001-0004 STANDARDS FOR WAIVER OF UNDERGROUNDING
8-09-001-0005 DENIAL OF PERMIT; APPEAL PROCEDURE
8-09-001-0006 WIRELESS FACILITIES
8-09-001-0001 DEFINITIONS
As used in this chapter terms will be defined as follows and/or as defined in A.R.S. Section 9-591.
"Collocate" or "collocation" means to install, mount, maintain, modify, operate or replace wireless facilities on, or within or adjacent to, a wireless support structure or utility pole. ("Collocated" is intended to mean more than one (1) user or shared use of a facility.)
"Distribution feeder" is that portion of the distribution system feeding from a distribution substation to a specific load area and having a capacity of over three thousand (3,000) kVA.
"Existing utility poles and wires" shall mean such poles and wires and other facilities as are in place and in operation as of the effective date of the ordinance codified in this chapter and including repairs, replacements, relocations on the same general alignment, additions, installation of services from existing lines or betterments, changes, improvements hereinafter made to maintain or increase service capabilities of existing utility poles, wires, service drops and other facilities, but shall not include extensions made to existing distribution lines.
"Monopole" means a wireless support structure that is not more than forty (40) 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.
"Small wireless facility" means a wireless facility that meets both of the following qualifications:
A. All antennas are located inside an enclosure of not more than six (6) 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 (6) cubic feet in volume.
B. All other wireless equipment associated with the facility is cumulatively not more than twenty-eight (28) cubic feet in volume or fifty (50) cubic feet in volume if the equipment was ground mounted prior to February 9, 2018. The following types of associated ancillary equipment are not included in the calculation of equipment volume: an electric meter; concealment elements; a telecommunications demarcation box; grounding equipment; a power transfer switch; a cutoff switch; vertical cable runs for the connection of power and other services.
"Transmission line" is an electric line used for the bulk transmission of electricity between generating or receiving points and major substations or delivery points, and having a rating of over twenty-five thousand (25,000) volts.
"Utility poles and wires" shall mean poles and structures and the wires, cables, transformers and all other facilities installed upon them used in or as a part of the distribution or transmission of electricity or in the transmission of telephone, telegraph, radio or television communications. A utility pole includes a City streetlight pole or traffic signal pole. A utility pole does not include a monopole.
"Wireless facility" means:
A. Equipment at a fixed location that enables wireless communications between user equipment and a communications network including both of the following:
1. Equipment associated with wireless communications;
2. Radio transceivers, antennas, coaxial or fiber-optic cables, regular and backup power supplies and comparable equipment, regardless of technological configuration.
B. Includes small wireless facilities.
C. Does not include the structure or improvements on, under or within which the equipment is collocated, wireline backhaul facilities, coaxial or fiber-optic cable that is otherwise not immediately adjacent to, or directly associated with, an antenna.
D. Does not include wi-fi radio equipment described in A.R.S. Section 9-506(I) or microcell equipment described in A.R.S. Section 9-584(E).
"Wireless provider" means a cable operator, wireless infrastructure provider or wireless services provider.
"Wireless support structure" means a freestanding structure, such as a monopole; a tower, either guyed or self-supporting; a sign or billboard; any other existing or proposed structure designed to support or capable of supporting small wireless facilities, but does not include a utility pole. (Ord. 2018-07, Amended, 02/06/2018)
8-09-001-0002 UNDERGROUNDING AND COLLOCATION; WAIVER; EXEMPTIONS
A. The City policy is to encourage undergrounding and collocation of facilities on existing utility poles in the right-of-way.
B. New utility poles and wires or monopoles may be erected in the City right-of-way above the surface of the ground if a waiver is first secured from the City Engineer or an exemption applies.
C. Exemptions: The following uses are exempt from undergrounding but require a permit issued by the City Engineer:
1. Transmission lines and distribution feeder lines, together with related switchyards, substations and related equipment.
2. Pad-mounted transformers or pull boxes, service terminals, pedestal-type telephone terminals, telephone splice closures or similar on-the-ground facilities normally used in connection with and as part of underground electric distribution, telephone, telegraph or television system, or on-the-ground facilities attached to existing overhead facilities and which are used for the purpose of connecting an underground system with the existing facilities.
3. Temporary service facilities, such as facilities to furnish emergency service during an outage, facilities to provide service to construction sites, or other service of a limited duration, such as to a fair, carnival, outdoor exhibit or other function where the facilities will be installed for a temporary period only.
4. Those parts of the Single-Family Residential-Rural zoning district (R-R) that because of distances and cost considerations, and in the opinion of the City Engineer, would cause undue hardship and economic burden to develop.
5. City streetlight and traffic signal poles erected solely for City use (no collocation element). (Ord. 2018-07, Amended, 02/06/2018)
8-09-001-0003 APPLICATION FOR PERMITS
A. Any person seeking to construct any new, modified or replacement utility poles and wires or monopoles within the City boundaries and above the surface of the ground shall first make application to the City Engineer.
B. The application shall be reviewed within thirty (30) days. If the application is deficient, the City Engineer will note any deficiencies and the applicant will have thirty (30) days to cure the same. An application will be approved or denied within the time specified in the application form unless the parties agree in writing to an extension of time.
C. If the applicant seeks a waiver from undergrounding, the City Engineer’s review of the application will include consideration of the standards for waiver.
D. If the applicant seeks a permit for the installation, maintenance, modification, operation or replacement of a monopole or associated wireless facility, or other facility subject to zoning review under Section 8-09-001-0006(H) in a right-of-way, the applicant shall first apply to the City Engineer for a permit, which permit may be issued subject to zoning approval. (Ord. 2018-07, Amended, 02/06/2018)
8-09-001-0004 STANDARDS FOR WAIVER OF UNDERGROUNDING
A permit for the erection of new utility poles and wires or monopoles may be granted only in the event the applicant makes an affirmative showing that the public’s general health, safety and welfare and that of adjacent property owners will not be impaired or endangered or jeopardized by the erection as proposed. In deciding such matter, the following factors shall be considered:
The location and heights of such poles and wires and their relation to present or potential future roads, sidewalks, bicycle lanes and the Flagstaff Urban Trail System; any reasonable spacing requirements established by the City Engineer for poles in the right-of-way; utility clearances and Americans with Disabilities Act clearances; access to or use of adjacent property; the crossing of such lines over much traveled highways or streets; the proximity of such lines to schools, churches or other places where people congregate; the probability of extensive flying in the area where such poles and wires are proposed to be located and the proximity to existing or proposed airfields; fire or other accident hazards from the presence of such poles and wires and the effect, if any, of same upon the effectiveness of fire fighting equipment; the aesthetics involved; the future conditions that may be reasonably anticipated in the area in view of a normal course of development; the feasibility of collocation on an existing pole or structure within three hundred (300) feet; zoning compliance; the feasibility of underground installation of such facilities with due regard for the comparative costs between underground and overground installations; provided, however, that a mere showing that an underground installation shall cost more than an overground installation shall not in itself necessarily require issuance of a permit. (Ord. 2018-07, Amended, 02/06/2018)
8-09-001-0005 DENIAL OF PERMIT; APPEAL PROCEDURE
In the event the permit is denied, the applicant may appeal the decision of the City Engineer by presenting his objections in writing to the City Engineer with a copy to the City Clerk within ten (10) days of the City Engineer’s denial. The City Engineer may grant the permit within five (5) days or shall submit the appeal together with a written report of his recommendations to the City Council within twenty (20) days of the date of receipt of the appeal. The Council may hear arguments and shall decide the matter. (Ord. 2018-07, Amended, 02/06/2018)
8-09-001-0006 WIRELESS FACILITIES
A. The purpose of this section is to comply with A.R.S. Section 9-591 et seq.
B. The City Engineer or his or her designee is authorized to excute master licenses for use of the right-of-way and to issue small wireless facilities site permits on behalf of the City.
C. A form of master license and terms for the construction, installation, maintenance, modification, operation and replacement of utility poles and wireless support structures in the right-of-way shall be made publicly available and adopted by resolution of the City Council. If a wireless provider request is different than those adopted therein, the City Engineer in consultation with the City Attorney or his or her designee may authorize minor deviations upon a showing of good cause, or may refer the request to Council for consideration.
D. The standard design requirements for wireless facilities in the right-of-way shall be as determined by the City Engineer and shall include design standards and concealment elements for wireless facilities, poles and support structures. The standard design requirements shall be made publicly available and shall be adopted by resolution of the City Council.
E. A permit is required for each wireless facility site in the right-of-way and each permit will be subject to the master license.
F. Fees related to use of the right-of-way for wireless facilities shall be adopted by resolution of the City Council.
G. No Zoning Approval: Pursuant to A.R.S. Sections 9-593(C), (I) and (K), small wireless facilities that are collocated generally may be located within right-of-way without zoning approval:
1. A new, replacement or modified utility pole associated with the collocation of small wireless facilities in the right-of-way is not subject to zoning review and approval, so long as the utility pole does not exceed ten (10) feet in height above the tallest existing utility pole located within five hundred (500) feet and does not exceed fifty (50) feet in height, or the pole does not exceed forty (40) feet in height;
2. New small wireless facilities collocated on a utility pole or wireless support structure in the right-of-way are not subject to zoning review and approval, so long as the facilities do not extend more than ten (10) feet above the utility pole or wireless support structure and do not exceed fifty (50) feet above ground level.
H. When Zoning Review Is Required:
1. Monopoles: Notwithstanding the above, pursuant to A.R.S. Sections 9-592(H) and 9-594(B), the construction, installation, maintenance, modification, operation or replacement of a monopole or associated wireless facility in a right-of-way is subject to all City codes and regulations including the City Zoning Code, Section 10-40.60.310, Telecommunication Facilities, as may be amended.
2. Any wireless facility not otherwise exempt from zoning under subsection (G) of this section is subject to all City codes and regulations including the City Zoning Code, Section 10-40.60.310, Telecommunication Facilities, as may be amended.
3. When zoning review and approval are required, the zoning of the adjacent land nearest to the proposed facility shall apply. All standard zoning procedures will apply. (Ord. 2018-07, Enacted, 02/06/2018)