(A) The provisions of this section shall not apply to: private streets, private access easements, internal drives in a commercial development, railroad rights-of-way, or interstate highways under the jurisdiction of INDOT.
(B) Small cell facilities for telecommunications are not permitted within GROW-OL right-of-way having “Local” functional classification as defined in the city’s Transportation Plan.
(C) In accordance with I.C. 8-1-32.3-17(a), the city 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 tor wireless or wireline communications facilities; and
(3) Providing access to rights-of-way, infrastructure, utility poles, river and bridge crossings, and other physical assets owned or controlled by the city.
(D) Further in accordance with I.C. 8-1-32.3-17(a), the city 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) Plan Commission review of a development plan as provided for in T/S 29.03 is not applicable to applications provided for in the GROW-OL.
(Res. 02-2017, passed 1-17-2017; Ord. 17-0001, passed 2-27-2017)