(A) Small cell facilities must be operated and maintained in a manner that does not interfere with public safety (police, traffic control, fire, and emergency services) equipment.
(B) If the Administrator determines a wireless provider's activity in the right-of-way creates an imminent risk to public safety, the Administrator may provide written notice to the wireless provider demanding correction of the risk. If the wireless provider fails to address the risk within 24-hours of the notice, the town may act to address the risk and charge the wireless provider the documented cost of such actions.
(C) Permitted use. A wireless provider has the right as a permitted use (subject to review and conditions) to collocate small cell facilities and install, maintain, modify, operate, and replace poles in the right-of-way. Structures and facilities must be installed and maintained to not create a safety hazard, obstruct or hinder the public's safe use of the right-of-way, or obstruct the legal use of the right-of-way by utilities.
(D) Permit requirements.
(1) A permit is required prior to collocating a small cell facility or installing a new, modified, or replacement pole or support structure associated with a small cell facility. The town may require an applicant to obtain additional permits provided the additional permits do not apply exclusively to small cell facilities. If a wireless provider fails to comply with the permit requirements, the town, in its sole discretion, may restore the right-of-way to its prior condition and charge the wireless provider the documented cost of restoration, plus a penalty not to exceed $1,000.
(2) Within rights-of-way under the control of the Indiana Department of Transportation (INDOT), the wireless provider requests the town's written consent to the wireless provider's application for an INDOT permit. The town cannot unreasonably withhold their consent.
(3) Applications required by this article are filed with the Administrator on forms provided by the Administrator in the number and manner designated. The applicant may designate portions of the application containing proprietary or confidential information by clearly marking each such page as "proprietary" or "confidential". The town endeavors to protect the designated materials from public disclosure to the fullest extent permitted by state law.
(Ord. 2022-17, passed 7-19-2022)