(A) The provisions of this subchapter shall not apply to: private streets, private access easements, internal drives in a commercial development, railroad rights-of-way, or highways under the jurisdiction of INDOT.
(B) Small cell facilities for telecommunications are not permitted within public right-of-way having “Local” or “Rural” functional classification as defined in the Town Thoroughfare or Transportation Plan.
(C) In accordance with IC 8-1-32.3-17(a), the town may not discriminate among communications service providers or public utilities with respect to:
(1) Approving applications, issuing permits, or otherwise establishing terms and conditions for construction of wireless or wireline communications facilities.
(2) Authorizing or approving tax incentives for wireless or wireline communications facilities;
(3) Providing access to rights-of-way, infrastructure, utility poles, river and bridge crossings, and other physical assets owned or controlled by the town.
(D) In accordance further with IC 8-1-32.3-17(a), the town 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.
(E) A permit is not required for any of the following:
(1) The routine maintenance of wireless facilities.
(2) The replacement of wireless facilities with wireless facilities that are substantially similar to, or the same size or smaller than, the wireless facilities being replaced.
(3) The installation, placement, maintenance, or replacement of micro wireless facilities that are suspended on cables strung between existing utility poles in compliance with applicable codes by a communications service provider that is authorized to use the public rights-of-way.
(Ord. 1269, passed 6-20-17)