Indiana Code 8-1-32.3-20. Application to construct new wireless support structure; requirements; review for completeness; notification of approval or denial; additional time for review
(1) All information required by section 19 of this chapter.
Terms Used In Indiana Code 8-1-32.3-20
- collocation: means the placement or installation of wireless facilities on existing structures that include a wireless facility or a wireless support structure, including water towers and other buildings or structures. See Indiana Code 8-1-32.3-4
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- in writing: include printing, lithographing, or other mode of representing words and letters. See Indiana Code 1-1-4-5
- permit authority: means a unit, a board, a commission, or any other governing body that makes legislative or administrative decisions concerning the construction, installation, modification, or siting of wireless facilities or wireless support structures. See Indiana Code 8-1-32.3-8
- wireless support structure: means a freestanding structure that is:
Indiana Code 8-1-32.3-14
(3) Evidence supporting the choice of location for the proposed wireless support structure, including a sworn statement from the individual responsible for the choice of location demonstrating that collocation of wireless facilities on an existing wireless support structure was not a viable option because collocation:
(A) would not result in the same wireless service functionality, coverage, and capacity;
(B) is technically infeasible; or
(C) is an economic burden to the applicant.
(4) If an applicable zoning ordinance specifies that a special exception, special use, contingent use, or conditional use must be approved for the proposed wireless support structure in accordance with IC 36-7-4-918.2, evidence showing that the application complies with the criteria set forth in the ordinance with respect to the special exception, special use, contingent use, or conditional use.
(5) If the proposed wireless support structure is not a permitted use under an applicable zoning ordinance, evidence showing that the application complies with the criteria for a variance of use from the terms of the zoning ordinance in accordance with IC 36-7-4-918.4.
A permit authority may not require an applicant to submit information about, and may not evaluate an applicant’s business decisions with respect to, the applicant’s designed service, customer demand, service quality, or desired signal strength to a particular location.
(b) An application that contains the information required under subsection (a) is considered complete.
(c) A permit authority shall review an application within ten (10) business days of its receipt to determine if the application is complete. If a permit authority determines that an application is not complete, the permit authority shall notify the applicant in writing of all defects in the application. If a permit authority does not notify an applicant in writing of all defects in the application, the application is considered complete.
(d) An applicant that receives a written notice under subsection (c) may cure the defects set forth in the notice and resubmit the corrected application to the permit authority within thirty (30) days of receiving the notice. If an applicant is unable to cure the defects within the thirty (30) day period, the applicant shall notify the permit authority of the additional time the applicant requires to cure the defects.
(e) Subject to subsection (f), not more than ninety (90) days after making an initial determination of completeness under subsection (c), a permit authority shall:
(1) review the application to determine if it complies with applicable laws and ordinances governing land use and zoning; and
(2) notify the applicant in writing whether the application is approved or denied.
(f) Notwithstanding the ninety (90) day period set forth in subsection (e), the following apply:
(1) If the applicant requested additional time under subsection (d) to cure defects in the application, the ninety (90) day period set forth in subsection (e) is extended for a corresponding amount of time.
(2) If the application for the proposed wireless support structure requires a variance of use from the terms of an applicable zoning ordinance in accordance with IC 36-7-4-918.4, the permit authority may have not more than thirty (30) additional days to comply with subsection (e).
As added by P.L.145-2015, SEC.3.