§ 97.16 EXISTING AND REPLACEMENT UTILITY POLES FOR WIRELESS FACILITIES.
   (A)   Eligible poles for collocation. An existing utility pole in the public rights-of-way in use at the time of an application for collocation is eligible for collocation consistent with the provisions of this chapter. However, a pole or similar structure 15 feet or less in height is not eligible for collocation unless a waiver is granted for such pole (F.S. § 337.401(7)(b)11).
   (B)   Statutory requirements for replacement utility poles. Replacement utility poles for wireless facilities shall conform to the following standards required by the Wireless Act:
      (1)   The height for a replacement utility pole is limited to the tallest existing utility pole as of July 1, 2017, located in the same right-of-way, other than a utility pole for which a waiver has previously been granted, measured from grade in place within 500 feet of the proposed location of the small wireless facility. If there is no utility pole within 500 feet, the height of the utility pole shall be limited to 50 feet (F.S. § 337.401(7)(d)5).
      (2)   The installation by a common services provider of a replacement utility pole in the public rights-of-way, other than a utility pole to support a small wireless facility, is subject to city rules or regulations governing the placement of utility poles in the public rights- of-way, except as provided in division (1) above and the alternative location negotiation process in § 97.06(F)(2), and shall be subject to the application review timeframes in this chapter (F.S. § 337.401(7)(d)6). The aforementioned rules or regulations include the standards for the placement and maintenance of utility poles in § 97.16.
      (3)   Statutory allowance for wireless infrastructure providers. A wireless infrastructure provider may apply to the city to place replacement utility poles in the public rights-of-way to support the collocation of small wireless facilities. The application must include an attestation that small wireless facilities will be collocated on the utility pole or structure and will be used by a wireless services provider to provide service within nine months after the date the application is approved. The city shall accept and process the application in accordance with F.S. § 337.401(7)(d)6, and any applicable codes and other local codes governing the placement of utility poles in the public rights-of-way (F.S. § 337.401(7)(j)). The aforementioned codes include the standards for the placement and maintenance of utility poles in § 97.11 and the design standards for replacement utility poles for wireless facilities in this section and F.S. § 337.401.
      (4)   Design standards for replacement utility poles. An existing utility pole may be removed and replaced with a replacement utility pole for the purposes of collocating a small wireless facility subject to the requirements of this section.
         (a)   Similarity to existing pole. A new utility pole that replaces an existing utility pole shall be of substantially similar design, material, and color as the original pole (F.S. § 337.401(7)(r)). However, conversion of a wood utility pole to concrete or metal is preferred. If the original pole is part of a planned project by the owner of the pole to replace poles, the replacement pole must conform to the updated design, color and material.
         (b)   Location. The replacement utility pole must be in substantially the same location and continue to serve primary function as original pole. In order to qualify as a replacement utility pole, the original pole shall be removed so that there is not a net increase in the number of utility poles located within that particular area of the public right-of-way.
         (c)   Height. Pursuant to the statutory height requirements in § 97.18. In situations where the replacement utility pole would not be higher than the original utility pole, the height of the replacement pole may be increased up to five feet through a waiver if reasonably necessary to accommodate separation requirements for a top-mounted antenna.
         (d)   Internal channel. Non-wood replacement poles such as aluminum, fiberglass or other structural synthetic material, concrete, etc., shall be capable of accommodating an internal chase, and all wiring shall be interior to pole.
         (e)   Utility pole standards. A replacement utility pole shall conform to the applicable requirements for the placement and maintenance of utility poles and similar structures in §§ 97.11 and 97.16.
(Ord. 1625, passed 8-20-20)