105 Ind. Admin. Code 16-1-5

Current through October 2, 2024

Section 105 IAC 16-1-5 - Content of applications; incomplete applications; approval or denial of permits

Authority: IC 8-23-2-6; IC 8-23-5-10

Affected: IC 8-23-5-10

Sec. 5.

(a) A separate application for a permit shall be made for each type of broadband through the department's electronic permitting system. The application must be verified and include, at a minimum, the following information:

(1) The complete name, title, address, electronic mail address and phone number of the applicant. If a subcontractor will be conducting the installation of the broadband, the subcontractor's information is required to be provided in the electronic permitting system, along with a signed copy of the Additional Disclosure Form SF 23237.

(2) The proposed location of the broadband, which includes identification of the location on the GIS map on the starting point of the proposed installation and the beginning and ending points via the route reference points in the electronic permitting system.

(3) The estimated start date and end date of the work to be performed.

(4) A detailed description, including the linear footage, type of each installation and the total amount of each type of broadband being installed.

(5) The project purpose.

(6) Plans of sufficient detail. The following documentation must be included in the plans:

(A) plan sheets, which are detailed and scaled to show the proposed location of the broadband and facility installation relative to the right-of-way congestion;

(B) maps, including all roadways that are to be included in the permit and the surrounding area of the work;

(C) a north directional arrow must be shown on each page of the plans and on the map;

(D) legend showing the symbols used on the plans and the color coding used to mark the plans;

(E) typical section view showing the proposed types of installations, including the height and depth, right-of-way lines, edge of pavement, centerline, driveways, bridges, culverts, traffic signals, existing utilities, drain inlets and drain outlets; (F) traffic signal equipment, including the loop detectors and the distance from the equipment;

(G) all streets, including cross streets, must be labeled with the street name and route number on each page of the plans; and

(H) indicate match lines between the pages of the plans.

(7) Any other information or documentation reasonably related to the application that is required by the department. The application shall be completed accurately by the applicant, or by a representative duly authorized in writing to act for the applicant.

(b) An incomplete application will not be considered by the department, but minor deficiencies may be cured promptly after the department requires the applicant to provide additional information or documentation. Otherwise, all documents included with an incomplete application shall be returned to the applicant (but not sooner than fifteen (15) days after the date upon which it was submitted) without being processed, along with a written explanation of the reason for its return, shall be returned by the department. If an application is withdrawn or returned for any reason, and the applicant chooses to resubmit the application, the subsequently filed application shall be processed as a new application as of the date it is received by the department with a new application number.

(c) The department shall review each application on the basis of its qualifications as of the date received by the department. If the permit is approved by the department, written notice of this fact via the electronic permitting system shall be sent to the applicant. Any denial of a permit by the department shall be in writing, accompanied by an explanation of the rationale for the denial, and shall be sent through the electronic permitting system.

(d) The department shall have authority, thirty (30) days after notice in writing to the permittee, to revoke any permit issued under this rule where the application for the permit contains false or misleading information or where the permittee has violated any provision of this rule.

105 IAC 16-1-5

Indiana Department of Transportation; 105 IAC 16-1-5; emergency rule filed 12/16/2021, 12:43 p.m.: 20211222-IR-105210537ERA, eff Jan 1, 2022