(A) Applicability.
(1) The procedures in this section shall only apply where the proposed structure as modified is consistent with the applicable terms of the zoning ordinance and the combined height of the proposed facility, as modified, is less than the higher of:
(a) 50 feet; or
(b) The height of any utility pole in place on July 1, 2017, and within 500 feet of the proposed small cell facility plus ten feet.
(2) Any other application shall be submitted as an application for a new personal wireless facility (cell tower) under the town's zoning ordinance.
(B) Application contents. An application for a permit for substantial modification of a wireless facility shall include the following:
(1) The name, business address, and point of contact for the applicant;
(2) The location of the proposed or affected wireless support structure or wireless facility; and
(3) Evidence of conformance with applicable building permit requirements; and
(4) Any other material required under IC 8-1-32-3-19(b).
(5) The location of the support structure, shown by both:
(a) Geographic Positioning System location, showing degrees, minutes and seconds carried to at least one decimal place; and
(b) A scaled drawing at a scale not smaller than 1 inch=1 foot, showing the street, all public or private improvements within 50 feet of the proposed location and the exact location of the proposed pole or facility. Public improvements shown on the drawing shall include sidewalks, the edge of pavement, storm water facilities, and other above-ground utilities.
(6) 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.
(7) Evidence showing that the application complies with the criteria set forth in the town's zoning ordinance for a special exception or modification of an existing special exception for the facility.
(8) 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.
(9) The 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.
(C) Determination of completeness.
(1) The Authority shall review an application within ten business days of its receipt to determine if the application is complete. If the Authority determines that an application is not complete, the permit authority shall notify the applicant in writing of all defects in the application.
(2) An applicant that receives a written notice of incompleteness may cure the defects set forth in the notice and resubmit the corrected application to the permit authority within 15 days of receiving the notice. If an applicant is unable to cure the defects within the 15-day period, the applicant shall notify the permit authority of the additional time the applicant requires to cure the defects.
(3) An application that contains the information required under division (B) above is considered complete.
(D) Action.
(1) Not more than 90 days after making an initial determination of completeness under division (C) above, the Authority shall:
(a) Review the application to determine if it complies with applicable laws and ordinances governing land use and zoning; and
(b) Notify the applicant in writing whether the application is approved or denied.
(2) Notwithstanding the 90-day period set forth in division (D)(1) above, the following apply:
(a) If the applicant requested additional time under division (C)(2) above to cure defects in the application, the 90-day period set forth in division (D)(1) above is extended for a corresponding amount of time.
(b) 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 30 additional days to comply with division (D)(1) above.
(Ord. 2019-G-23, passed 10-1-19)