§ 8-1-32.3-21 — Application for substantial modification of wireless support structure; requirements; review for completeness; notification of approval or denial; additional time for review

Indiana § 8-1-32.3-21

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

Text

(a) An application for a permit for
substantial modification of a 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 modifications
to the wireless support structure and all equipment and network
components, including antennas, transmitters, receivers, base
stations, power supplies, cabling, and related equipment.
(3) If an applicable zoning ordinance specifies that a special
exception, special use, contingent use, or conditional use must be
approved for the proposed substantial modification of a 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.
(4) If the proposed substantial modification of a 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 substantial modification of
a 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.