§ 36-8-21.5-13 — County's siren coverage plan; required information; public hearings; adoption; effective date

Indiana § 36-8-21.5-13

• Jurisdiction: Indiana
• Title 36: LOCAL GOVERNMENT
• Art. 8: PUBLIC SAFETY
• Ch. 21.5: Severe Weather Warning Sirens

Text

(a) A county's siren coverage plan must
contain the following information:
(1) The information included in the county's siren coverage report
under section 11 of this chapter, including the following:
(A) Information concerning any areas in the county that are not
within the range of an existing or a planned siren, as:
(i) identified by the county in its siren coverage report; and
(ii) updated or revised by the county as needed to provide an
accurate and current assessment of the county's existing and
planned sirens and need for additional sirens.
(B) Information concerning any areas in the county that are
within the range of an existing siren if the department has
determined that the existing siren does not provide consistent
or adequate coverage for the area. As necessary, the county
shall update the information provided under this clause as
follows:
(i) To include any additional existing sirens that the county
legislative body has determined do not provide consistent or
adequate coverage for an area. The county shall provide the
test, activation, or failure rate data to support its
determination as may be required by a rule adopted by the
department under this chapter.
(ii) To exclude any siren that the department has determined
does not provide consistent or adequate coverage for an area.
The county shall provide such proof as may be required by a
rule adopted by the department under this chapter that the
siren has been repaired or replaced.
(C) Any additional or revised information that:
(i) was not included in the county's siren coverage report; and
(ii) is necessary to provide an accurate and current
assessment of the county's existing and planned sirens and
need for additional sirens.
(2) An estimate of the nature and location of development that is
expected to occur in each area identified under subdivision (1)
during the ten (10) years immediately following the date of the
adoption of the plan.
(3) An estimate of the type, location, and cost of the siren or
sirens that are necessary to provide complete siren coverage for
the areas identified under subdivision (1). The plan must indicate:
(A) the proposed timing and sequencing of the acquisition and
installation of each siren; and
(B) the infrastructure agency that is responsible for acquiring
and providing for the installation of each siren.
(4) A general description of the sources and amounts of money
used to pay for any sirens installed in the county during the five
(5) years immediately preceding the date of the plan.
(b) For each area in which the plan provides for the acquisition and
installation of a siren, the plan must:
(1) provide for the acquisition and installation within the ten (10)
years immediately following the date of the plan's adoption; and
(2) identify the revenue sources and estimate the amount of the
revenue sources that the county intends to use to acquire and
install the sirens identified under subsection (a)(3).
(c) In preparing, or causing to be prepared, the plan required by this
section, the county:
(1) may consult with:
(A) the department; or
(B) a qualified engineer licensed to perform engineering
services in Indiana; and
(2) shall consult with each:
(A) infrastructure agency; and
(B) planning agency;
with jurisdiction in an area described in subsection (a)(1).
(d) Before adopting the siren coverage plan prepared under this
section, the county legislative body must do the following:
(1) Give notice of and hold at least one (1) public hearing on the
plan.
(2) Publish, in accordance with IC 5-3-1, a schedule stating the
time and place of each hearing. The schedule must also state
where the entire plan is on file and may be examined in its
entirety for at least ten (10) days before the hearing.
(e) After considering any comments made at the hearing required by
subsection (d), the county legislative body shall:
(1) adopt the plan:
(A) as originally proposed; or
(B) as modified by the county legislative body after the hearing
required by subsection (d); and
(2) submit the plan to the department.
(f) A siren coverage plan adopted under this section takes effect on
January 1 after its adoption. Each unit having planning and zoning
jurisdiction in an area described in subsection (a)(1) shall incorporate
the siren coverage plan as part of the unit's comprehensive plan and
capital improvement plan, as appropriate.

Legislative History

As added by P.L.89-2008, SEC.1. Amended by P.L.1-2009, SEC.172.