(A) Exemption from local zoning. The placement of a small cell facility and the associated supporting structure in the town’s ROW is exempt from local zoning review if the total height of the structure supporting the small cell facility does not exceed the greater of:
(1) Fifty feet measured from grade; or
(2) 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.
(B) Contents of application. An application for construction, placement or use of a small cell facility and associated supporting structure shall include:
(1) The name, business address, and point of contact for the applicant and a statement that indicates the applicant is a person that either provides wireless communication service or owns or otherwise makes available infrastructure required for that service;
(2) The location of the proposed or affected small cell facility and associated supporting structure; and
(3) A construction plan that includes evidence of conformance with applicable building permit requirements.
(C) Application. An applicant may submit one application for multiple small cell facilities that are located within the city and constitute a small cell network. The permit authority may issue a single permit for the small cell network rather than individual permits for each small cell facility.
(D) Procedure/review of application.
(1) The permit authority shall promptly review for completeness every application duly filed with the town which requests authorization to construct, place or use a small cell facility and associated supporting structure in the town’s ROW. Every applicant shall be notified within ten business days of the town’s receipt of an application as to whether its application is complete.
(2) Within 60 days of receipt of a completed application, the permit authority shall review the application to determine if the application complies with the standards set forth by this chapter and the permit authority. If the permit authority determines that an application is not complete, the permit authority shall notify the applicant in writing of all defects in the application. An applicant that receives a written notice of incompletion may cure the defects and resubmit the application within 15 days of receiving the notice. If an applicant has requested additional time to amend its application, then the 60-day review period prescribed above shall be extended for a corresponding amount of time.
(E) Written determinations.
(1) A written determination shall clearly state the basis for the decision to approve or deny an application. If the permit authority denies an application, the written notice must include the basis for such denial. A notice is considered written if it is included in the minutes of a public meeting of the permit authority.
(2) If the permit authority approves an application, the permit is valid for 90 days. If the applicant fails to complete the work within two years, the permit is void and must be resubmitted.
(F) Failure to notify. If the permit authority fails to notify an applicant in writing within ten business days whether its application is complete, the application is considered complete. If the permit authority fails to notify an applicant within 60 days whether its application has been approved or denied, the application shall be considered approved. If an applicant requested additional time to amend its application, then the 60-day review period specified above shall be extended for a corresponding amount of time.
(G) Deadlines for final actions. For purposes of this small cell facility section, a reasonable period of time is not more than 60 days from the date that the applicant is notified that the application is complete. An application for construction, placement or use of a small cell facility and additional supporting structure is not subject to a public hearing before the BPW, but the permit authority may review the application for compliance with applicable building permit requirements before issuing the applicant a permit.
(H) Construction, placement or use of small cell facilities on a utility pole owned by the town.
(1) The fee for construction, placement or use of a small cell facility on a utility pole owned or controlled by the town shall be $50 dollars per utility pole per year.
(2) For a utility pole used to provide communications service or electric service, the parties to the construction, placement, or use shall comply with the process for make-ready work under 47 U.S.C. 224 and any associated implementing regulations. The town’s good faith estimate for any make-ready work necessary to enable the utility pole to support the requested placement will include pole replacement to the extent necessary.
(3) If a utility pole does not support aerial facilities used to provide communications service or electric service, the town shall provide a good faith estimate for any make-ready work necessary to enable the utility pole to support the requested construction, placement, or use, including pole replacement if necessary, not later than 60 days after the town’s receipt of a complete application. Make-ready work, including any pole replacement, shall be completed not later than 60 days after the applicant’s written acceptance of the good faith estimate.
(4) The amount of any make-ready work, as determined by the town, shall only be an amount that is required to meet applicable codes, as defined in IC 8-1-32.3-15(b)(3), including all applicable building, fire, electrical, plumbing and mechanical codes. The fee for any make-ready work shall be determined by the town on a case by case basis, but in no event shall the fee exceed actual costs or the amount charged to communications service providers for similar work or include any consultants’ fees or expenses.
(Ord. 2022-05, passed 4-27-22)