§ 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

Indiana § 8-1-32.3-20

• Jurisdiction: Indiana
• Art. 1: UTILITIES GENERALLY
• Ch. 32.3: Permits for Wireless Service Providers

Text

(a) An application for a permit to construct
a new wireless support structure must include only the following:
(1) All information required by section 19 of this chapter.
(2) A construction plan that describes the proposed wireless
support structure and all equipment and network components,
including antennas, transmitters, receivers, base stations, power
supplies, cabling, and related equipment.
(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).

Legislative History

As added by P.L.145-2015, SEC.3.