Chapter 3.18
BROADBAND READY COMMUNITY
Sections:
3.18.030 Applicability to projects.
3.18.040 Processes and procedures.
3.18.050 Establishment of an Infrastructure Development zone.
3.18.010 Permit defined.
As used in this chapter, “permit” means any local permit, license, certificate, approval, registration, or similar form of approval required by policy, administrative rule, regulation, ordinance or resolution with respect to a project.
(Ord. 10-18-018 § 1, added, 10/30/2018)
3.18.020 Project defined.
As used in this chapter, “project” means the construction or deployment of wireline or wireless communications facilities to provide communications services (as defined in I.C. 8-1-32.5-3) in a unit.
(Ord. 10-18-018 § 2, added, 10/30/2018)
3.18.030 Applicability to projects.
Notwithstanding any other ordinance, policy or practice of Vanderburgh County, Indiana, the following shall apply to a project:
The Board of Commissioners of Vanderburgh County shall:
a) Appoint a single point of contact for all matters related to a project;
b) Establish procedures to allow all forms, applications, and documentation related to a project to be filed or submitted and signed by electronic means;
c) Review and approve or reject all applications for a permit related to a project within ten (10) business days after an application is filed or submitted;
d) Assure that after an application is approved pursuant to subsection (c) of this section, any inspections, including any additional necessary approvals, related to a project will occur in a timely and expeditious manner.
(Ord. 01-19-002 § 1, amended, 1/29/18; Ord. 10-18-018 § 3, added, 10/30/2018)
3.18.040 Processes and procedures.
Vanderburgh County shall adopt adequate processes and procedures to implement the provisions of Section 3.18.030. Processes and procedures established hereunder may not do the following:
a) Require an applicant to designate a final contractor to complete a project;
b) Impose a fee to review an application or issue a permit for a project;
c) Impose a seasonal moratorium on the issuance of permits for a project;
d) Discriminate among communications service providers or utilities with respect to any action described in this section or otherwise related to a project, including granting access to public rights-of-way, infrastructure and poles, river and bridge crossings, and any other physical assets owned or controlled by Vanderburgh County.
(Ord. 10-18-018 § 4, added, 10/30/2018)
3.18.050 Establishment of an Infrastructure Development zone.
Pursuant to I.C. §6-1.1-12.5, following a public hearing and published notice as prescribed by I.C. §5-3-1, the Board of Commissioners of Vanderburgh County, hereby finds as follows:
(A) Adequate facilities and technologies used in the deployment and transmission of broadband service and/or advanced services are not available in Vanderburgh County; and
(B) Providing an exemption from personal property taxes to a firm, associate, cooperative, corporation, limited liability company, business trust, partnership, or limited liability partnership for investing in facilities and technologies used in the deployment and transmission of broadband service and/or advanced services will provide opportunities for increased availability of broadband service and/or advanced service;
(C) Providing an exemption from personal property taxes to a firm, associate, cooperative, corporation, limited liability company, business trust, partnership, or limited liability partnership for investing in facilities and technologies used in the deployment and transmission of broadband service and/or advanced services will provide economic development benefits.
(D) The designated Infrastructure Development Zone shall include all of Vanderburgh County, Indiana.
(E) All facilities and technologies installed after January 1, 2019, used in the deployment and transmission of broadband service, however defined or classified by the Federal Communications Commission, or advanced services (as defined in 47 CFR 51.5) by a provider of broadband service or advanced services located in the zone are exempt from personal property taxation.
(Ord. 02-19-003 § 1, added, 2/12/2019)