11-1803. Access to right-of-way by wireless providers

A. Subject to this section and sections 11-1802, 11-1804, 11-1806, 11-1807, 11-1809 and 11-1810, a wireless provider may construct, install, modify, mount, maintain, operate and replace utility poles along, across, on and under the right-of-way and collocate small wireless facilities on utility poles and wireless support structures.

B. The following requirements apply to the construction, installation, mounting, maintenance, modification, operation or replacement of utility poles by a wireless provider in the right-of-way and the collocation of small wireless facilities on utility poles or wireless support structures by wireless providers in the right-of-way:

1. A county shall issue a permit for the collocation of small wireless facilities on or adjacent to a county utility pole or the collocation of small wireless facilities with ground-mounted equipment adjacent to any other party's utility pole or wireless support structure if both of the following apply:

(a) The applicant provides the sealed statement of a registered engineer demonstrating that the utility pole or wireless support structure is structurally sound and able to support the proposed small wireless facility.

(b) The collocation complies with applicable codes and the terms for collocation adopted under section 11-1802, subsection E.

2. The collocation of small wireless facilities pursuant to paragraph 1 of this subsection is a permitted use in all zoning districts and zoning review and approval is not required. If the applicant fails to demonstrate that a county utility pole is structurally sound and able to support the proposed small wireless facility, the county may condition a permit on replacement of the county utility pole at the applicant's expense. The wireless provider's request to install a replacement utility pole will be processed under section 11-1802, subsection D, paragraph 4. The county shall own the replacement utility pole.

3. A county shall issue a permit for the installation, modification or replacement of a utility pole if all of the following apply:

(a) The applicant provides the sealed statement of a registered engineer demonstrating that the utility pole is structurally sound and able to support the proposed small wireless facility.

(b) The proposed location of the utility pole complies with reasonable restrictions adopted by the county that require distances of separation between utility poles, ground-mounted equipment and wireless support structures.

(c) The installation, modification or replacement complies with the applicable codes and terms for installation, modification or replacement adopted under section 11-1802, subsection E.

4. The installation, modification or replacement of a utility pole approved pursuant to paragraph 3 of this subsection is a permitted use in all zoning districts and subject to only administrative zoning review and approval unless the installation, modification or replacement would not comply with the height requirements of paragraph 5 of this subsection, an undergrounding requirement described in paragraph 6 of this subsection or a pole spacing requirement described in paragraph 7 of this subsection.

5. A proposed or modified utility pole installed in a county right-of-way may not exceed the greater of ten feet in height above the tallest utility pole, other than a utility pole supporting only wireless facilities, that is in place on August 9, 2017 and that is located within five hundred feet of the proposed utility pole in the same right-of-way or fifty feet above ground level. An applicant may apply for an administrative waiver to exceed these height limitations.

6. Wireless providers must comply with undergrounding requirements that prohibit the installation of new structures in a right-of-way without prior approval if such requirements do not prohibit the replacement of existing structures and facilities. An applicant may apply for an administrative waiver to install a utility pole in a right-of-way where such undergrounding requirements apply.

7. Wireless providers shall comply with reasonable requirements concerning spacing between utility poles and ground-mounted equipment in the right-of-way. An applicant may apply for an administrative waiver to install a utility pole in closer proximity to another pole or ground-mounted equipment than these spacing requirements would permit.

C. A county shall adopt an administrative waiver process for subsection B, paragraphs 5, 6 and 7 of this section that complies with section 11-1605. The application process and time frames shall be adopted within the time period beginning on August 9, 2017 and ending after the time allowed under the county's procedures adopted pursuant to section 11-1605 for the adoption of an ordinance, or ninety days after receiving a request by a wireless provider, whichever is later. An applicant is entitled to all of the rights granted in chapter 11, article 1 of this title.