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File #: 16-1829A    Version: 1
Type: Resolution Status: Passed
File created: 10/11/2016 Department: Public Works
On agenda: 10/25/2016 Final action: 10/25/2016
Title: Resolution declaring a temporary moratorium on receipt of applications for the placement of cellular towers, antennas, antenna systems, or wireless communication facilities within County rights-of-way.
Attachments: 1. Recorded RES 16-78, 2. Adopted RES 16-78, 3. Proposed Moratorium Resolution.pdf
Related files: 17-251A

Subject:

Title

Resolution declaring a temporary moratorium on receipt of applications for the placement of cellular towers, antennas, antenna systems, or wireless communication facilities within County rights-of-way.

label

Recommended Action:

Recommended Action

Adopt the resolution to place a temporary moratorium on receipt of applications for the placement of cellular towers, antennas, antenna systems, or wireless communication facilities within County owned or controlled rights-of-way.

It is further recommended the Clerk record the resolution upon approval by the Board of County Commissioners.

Body

Strategic Plan:

Ensure Public Health, Safety, and Welfare
2.1 Provide planning, coordination, prevention, and protective services to ensure a safe and secure community

Deliver First Class Services to the Public and Our Customers
5.2 Be responsible stewards of the public’s resources
5.3 Ensure effective and efficient delivery of county services and support

 

Summary:

The purpose of this resolution is to impose a six (6) month moratorium in order for County staff to develop criteria for the placement of cellular towers, antennas, antenna systems, and wireless communication facilities within County rights-of-way (including requirements of state and federal laws, any applicable design criteria for roadways, the safety of structures located near the proposed tower/antenna site, and zoning restrictions upon any adjacent parcels) for inclusion in the County Code.

 

Background Information:

In order to better align with the Federal Communications Act, County staff proposes to amend an existing ordinance to provide meaningful criteria with which to evaluate applications for the placement of cellular towers, antenna, antenna systems, or wireless communication facilities within County owned or controlled rights-of-way.  The Federal Communications Act allows telecommunications providers the opportunity to place towers and antenna systems in government rights-of-way in order to close a gap in service or establish new service.  Changes in technology have led to a need for more towers and antennas as well as a wider variety of these types of items.  While the County has historically not received a high number of applications from providers for tower/antenna placement requests, there are currently 26 applications received by the County’s Development Review Services Department for new installation of dedicated structures in various heights in a right-of-way or mounting to existing facilities.  These applications vary in quality and are often vague.

During the six month moratorium, no applications for the placement of these cellular structures of any kind will be accepted by the County.  The current County amendment regarding tower and antenna placement in County rights-of-way will lift the moratorium and include clear criteria for providers in submitting applications while ensuring the applications can be reviewed within a reasonable timeframe.

 

Fiscal Impact:

N/A

 

Staff Member Responsible:

Ken Jacobs, Director of Transportation, Public Works

 

Partners:

N/A

 

Attachments:

Proposed Resolution