HomeMy WebLinkAboutResolution No. 13 02 250l
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STATE OF GEORGIA
COUNTY OF FULTON RESOLUTION NO. 13-02-250
A RESOLUTION OF THE MAYOR AND COUNCIL OF THE CITY OF
MILTON IN OPPOSITION TO HOUSE BILL 176 (LIMITATION ON MUNICIPAL
ZONING AUTHORITY FOR CELL TOWERS)
WHEREAS, House Bill 176 (Limitation on Municipal Zoning Authority for Cell
Towers) has been introduced in the 2013 Session of the Georgia General Assembly; and
WHEREAS, House Bill 176 would significantly limit the ability of cities to balance the
needs of the communication industries to site cell towers in Georgia's communities with the
quality oflife needs of the residents that live in those same communities; and
WHEREAS, House Bill 176 would detrimentally affect neighborhoods and Georgia's
public spaces by eroding the ability of local officials to maintain local decision-making authority
over local issues as illustrated by the following:
• House Bill 176 would eliminate the zoning protections cities currently have to regulate
the size of existing towers. For instance, a small cell tower could be dramatically
increased in height and width without any zoning oversight.
• House Bill 176 would prevent a city from imposing height limitations on a new tower. A
city would not be permitted to request that the applicant build two lower towers rather
than one higher tower.
• House Bill 176 would prevent cities from imposing reasonable surety requirements to
ensure that abandoned or unused wireless facilities are removed. As technology changes
and population shifts, towers are abandoned by the industry. Abandoned and unused
towers are eyesores and public safety hazards.
• House Bill 176 would allow new cell towers to be "automatically approved" if the city
does not approve or disapprove an application within the specified time frame.
• House Bill 176 would prevent a city from determining the rental rate for siting a cell
tower on publicly owned property. A city would only be permitted to charge a "market
rate" for public property, regardless of the rate the wireless industry would pay to site a
cell tower on private property. The public deserves the same return of investment for its
property as the private sector would demand.
and
WHEREAS, local officials balance the needs of private industry with those of residents
through zoning procedures and guidelines that are implemented evenly across all property issues;
and
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L WHEREAS, city officials need to have the tools to negotiate the placement of cell
towers in their communities; and
WHEREAS, House Bill 176 would effectively eliminate a city's ability to negotiate with
the wireless industry on quality of life and public safety needs of its residents;
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
MILTON, GEORGIA, that the passage of House Bill 176 (Limitation on Municipal Zoning
Authority for Cell Towers), as well as any similar legislation, is hereby opposed as not being in
the best interest of the City of Milton and other municipalities within the state; and
IT IS FURTHER RESOLVED that a copy of this Resolution be delivered to members
ofthe City'S local delegation.
SO RESOLVED this 20th day of February, 2013.
Approved:
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Karen Th70uncilmember Matt Kunz, Council ber
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Burt Hewitt, Councilmember
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J ouncilmember "
Attest:
L Sudie AM Gordon, City Clerk
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