36-66C-12. Requirements for use of decorative poles.

Notwithstanding any provision of this chapter to the contrary, an applicant may collocate a small wireless facility on a decorative pole, or may replace a decorative pole with a new decorative pole, in the event the existing decorative pole will not structurally support the attachment, only upon satisfaction of the following:

The issuance of a permit under subsection (a) of Code Section 36-66C-6; and#

1. (A)

   Compliance with any objective and reasonable aesthetic and structural requirements that have been made publicly available in writing by the authority at least 30 days prior to submission of the application; provided, however, that any such requirements shall not have the effect of materially inhibiting any wireless provider’s technology or service, and compliance with any such requirements shall not be considered a part of the small wireless facility for purposes of the size restrictions in the definition of small wireless facility; or#

2. (B)

   In the absence of any such requirements, a replacement decorative pole shall be substantially similar in height and appearance to the decorative pole being replaced.#

The authority shall operate authority fixtures on the replaced decorative pole, and, absent an agreement to the contrary between the authority and the wireless provider that is confirmed by email or other writing, the authority shall take ownership of the new decorative pole.