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Home My WebLink About2638 Moratorium on Wireless Communications FacilitiesOrdinance No. 2638 AN ORDINANCE OF THE CITY OF PORT TOWNSEND ADOPTING AN IMMEDIATE MORATORIUM ON THE ACCEPTANCE OF APPLICATIONS FOR AND ISSUANCE OF ANY PERMIT OR APPROVAL CURRENTLY REQUIRED FOR WIRELESS TELECOMMUNICATIONS FACILITIES, TO BE EFFECTIVE FOR A PERIOD OF SIX MONTHS, SETTING A DATE FOR A PUBLIC HEARING ON THE MORATORIUM, DIRECTING DEVELOPMENT OF A COMPREHENSIVE WIRELESS TELECOMMUNICATIONS FACILITIES ORDINANCE, AND DECLARING AN EMERGENCY WHFJIEAS, the Federal Telecommunications Act of 1996 (Public Law No. 104-104, 110 Stat. 56, 31-136, hereinafter the "Act,") was designed to remove regulatory barriers and encourage competition among all types of communications companies; and WHEREAS, the Act ratifies the authority of local government to regulate telecommunications services and carriers, but also limits local government's authority in certain respects; and WHEREAS, the Act allows the Federal Communications Commission (the "FCC") to preempt any local government regulation which prohibits, or has the effect of prohibiting, the ability of any entity to provide any interstate or intrastate telecommunications services (Public Law No. 104-104, 110 Stat. 70, Section 253(a)); and WttEREA3, the City needs to review its codes and ordinances in a comprehensive fashion to determine whether its existing regulations are consistent with the Act and to adopt new regulations; and WHEREAS, the City desires to impose a six-month moratorium barring the acceptance of applications relating to franchises, use of the public streets by either franchise or right-of-way use permits, building permits and zoning code permits for antennas (conditional use permits) for wireless telecommunications services, until the necessary code revisions are complete; and WHEREAS, the City Council finds that enactment of this ordinance constitutes an emergency, due to the rapidly changing telecommunications industry and the fact that the current city code and regulations do not adequately address the potential environmental, scientific, economic, infrastructure and aesthetic impacts associated with the type, number and siting of wireless telecommunications facilities and equipment located and likely to be proposed for location within the City of Port Townsend; and WltE~, this emergency is further supported by the unnecessary burden placed on the wireless telecommunications industry if such companies attempt to process applications under a structure that is ill-suited to review the technological issues involved in such applications; and WHEREAS, a moratorium on the issuance of permits for wireless telecommunications facilities and equipment is necessary to enable the City Council to formulate a comprehensive permitting process which addresses impacts, mitigation requirements, corridors for preferred siting, and promotes competition to protect and benefit the public interest; and WHEREAS, the potential adverse impacts on the public health, property, safety and welfare of the City, as discussed above, justify the declaration of an emergency, NOW, THEREFORE, the City Council of the City of Port Townsend does ordain as follows: SECTION 1. Declaration of moratorium. A moratorium is hereby declared with respect to the acceptance of applications for and the issuance of any permit or approval currently required to construct, install, repair, remove, relocate, or perform any other work on wireless telecommunications equipment and facilities~ within the City of Port Townsend. This moratorium includes, but is not limited to, conditional use permits, right-of-way use permits, shoreline substantial development permits, shoreline conditional use permits, franchise agreements, building permits and variances. SECTION 2. Purpose. The purpose of this moratorium is to allow the City adequate time to comprehensively study the Telecommunications Act, determine whether the City's existing ordinances and codes are consistent with the Act, and develop new ordinances to amend inconsistencies and/or cover situations not addressed by existing regulations. SECTION 3. Restrictions on rights-of-way. During the moratorium, no person may construct, install, repair, remove, relocate, or perform any other work on wireless telecommunications equipment or any part thereof that is located in, over or under any public right-of-way located within the City of Port Townsend, without the prior approval of the City Council. This moratorium shall not apply to repair and maintenance of existing telecommunications equipment and facilities, or installation of new telecommunications equipment and facilities, which are located in public rights-of-way and owned by holders of existing franchises granted by the City of Port Townsend or are exempt from the City's franchising authority. ~ Defined as cellular antenna facilities and towers, personal communications services (PCS) antenna facilities and towers, and any other personal wireless services equipment and facilities, specifically excluding local translators for commercial and public radio broadcast use. 2 Ord. 2638 SECTION 4. Exemptions. This moratorium specifically exempts any radio transmission or receiving antenna or telecommunications device preempted from regulation by the FCC under PRB-1 or any other federal or state statute or regulation and shall be interpreted to exempt federally regulated facilities preempted from local regulation. SEC~ON 5. Duration. This moratorium shall be in effect for six months beginning on the effective date of this ordinance. SECTION 6. Public hearing on moratorium. Pursuant to RCW Sections 36.70A.390 and 35A.63.220 the City Council shall hold a public hearing on this moratorium within 60 days of its adoption, or on June 15, 1998. Immediately after the public hearing, the City Council shall adopt Findings of Fact on the subject of this moratorium, and either justify its continued imposition or cancel the moratorium. SECTION 7. Subjects for consideration. City staff is hereby directed to develop a comprehensive wireless telecommunications facilities siting ordinance. The City Council directs the BCD Director and City Attorney's Office to consider the following subjects in preparing the ordinance: mandates contained in the Telecommunications Act of 1996; new or different permit and/or approval p~ for different telecommunication facilities and site conditions; occupancy charges/fees for siting in public areas; identifying preferred corridors in which to locate various types of equipment; co-location of facilities and/or shared facilities; colors and placement; inspection requirements and costs; right-of-way use restrictions; notice requirements; undergrounding requirements; relocations necessary to serve a public purpose; reasonable notice and response requirements; insurance and bonding requirements; removal/repair guidelines; nuisance and abatement procedures for obsolete, unused or abandoned equipment; aesthetic concerns; use of "stealth" technology; promoting competition amongst providers; "latecomer" issues for companies entering the market; and similar regulations as may have been addressed in other jurisdictions. City staff is directed to report on its progress on the Draft Wireless Telecommunications Facilities Siting Ordinance at least two weeks prior to the date of the public hearing scheduled in Section 6 of this ordinance. City Slaff is directed to bring this ordinance to the Planning Commission prior to final adoption, which commission shall conduct a public hearing and make its recommendation to the City Council. Council shall consider the final recommendation within 180 days of the effective date of this ordinance. SECTION 8. Etnergency declared - Immediate effect. For the reasons set forth above, and to promote the objectives stated herein, the City Council finds that a public emergency exists, necessitating that t.his ordinance take effect immediately upon its passage by a majority of the 3 Ord. 2638 Council in order to protect the public health, safety, property, and general welfare. Without an immediate moratorium on the City's acceptance of permit applications under the building and zoning codes, processing of such applications by the City could occur under regulations that are inconsistent with the Telecommunications Act of 1996 and regulations that could possibly be preempted by the FCC. Therefore, the City's moratorium must be imposed immediately to prevent any development rights from vesting and the City's ability to process applications under valid codes preserved. SECTION 9. Severability. If any clause, sentence, paragraph, section or part of this Ordinance or its application to any person or circumstance is held to be invalid or unconstitutional by a court of competent jurisdiction, such order or judgment shall not affect the validity or constitutionality of the remainder of any part of this Ordinance. To this end, the provisions of each clause, sentence, paragraph, section or part of this law are declared severable. This ordinance shall take effect and be in force five days after the date of its publication in the manner provided by law. Read for the first, second, and third times and adopted by the City Council of the City of Port Townsend, Washington, at a regular meeting thereof, held this 20th day of April, 1998. Attest: i'am Kolacy, City Clerk~ IM/21/98 [Cable] Ord\{Tele-Mor.doe} Juli Culloch, Mayor [i~Culloc 4 Ord. 2638