HomeMy WebLinkAboutRESOLUTION NO 14 03 294STATE OF GEORGIA
COUNTY OF FULTON RESOLUTION NO. 14-03-294
A RESOLUTION APPROVING CROWN CASTLE'S APPLICATION FOR
UTILIZATION OF THE PUBLIC RIGHTS OF WAY OF THE CITY OF MILTON FOR
WIRELESS TELECOMMUNICATION FACILITIES, AS AUTHORIZED BY LAW
WHEREAS, in a letter dated January 31, 2014, Crown Castle NG East, Inc. ("Crown
Castle") submitted a formal registration application to the Council of the City of Milton for
access to the public rights of way to erect wireless facilities and wireless support structures for
the provision of telecommunications services; and
WHEREAS, O.e.G.A. § 32-4-92(a)(l0) provides that municipalities may grant permits
and establish reasonable regulations for the installation and construction of conduits, cables,
wires, poles, towers, and other equipment, facilities, or appliances of any utility in, on, along,
over, or under any part of its municipal street system lying within its municipal limits; and
WHEREAS, the City of Milton has adopted regulations for, inter alia, the installation
and construction of wireless telecommunications facilities and wireless support structures in the
interest of: (1) protecting residential areas and uses from potential adverse impact of
telecommunications facilities; (2) providing adequate personal wireless services to residents of
Milton; (3) locating telecommunications towers and antennas in areas where adverse impacts on
the community are minimized; (4) encouraging the design and construction of towers and
antennas to minimize adverse visual impacts; (5) avoiding potential damage to property caused
by wireless communications facilities by insuring that such structures are soundly and carefully
designed and constructed; (6) preserving those areas of significant scenic or historic merit; (7)
facilitating the implementation of the Existing Tower Map for the City of Milton; (8) promoting
and encouraging the joint use of new and existing tower sites among service providers; and (9)
enhancing the ability of the providers of wireless communications services to deliver such
services to the community effectively and efficiently; and
WHEREAS, these regulations are set forth in Chapter 54 of the Ordinances of the City
of Milton. Chapter 54 is otherwise known as the Milton Telecommunications Ordinance;
WHEREAS, O.e.G.A. § 46-5-I(b)(1) provides that any telephone company that seeks to
place lines and facilities in the public roads and highways or rights of way of a municipal
authority shall provide to such municipal authority: (1) the name, address, and telephone number
of a principal office and local agent of such telephone company; (2) proof of certification from
the Georgia Public Service Commission of such telephone company to provide
telecommunications services in this state; (3) proof of insurance or self-insurance of such
telephone company adequate to defend and cover claims of third parties and of municipal
. authorities; (4) a description of the telephone company's service area; (5) a description of the
services to be provided; (6) an affirmative declaration that the telephone company shall comply
with all applicable federal, state, and local laws and regulations, including municipal ordinances
and regulations, regarding the placement and maintenance of facilities in the public rights of way
that are reasonable, nondiscriminatory, and applicable to all users of the public rights of way,
including the requirements of Chapter 9 of Title 25, the "Georgia Utility Facility Protection
Act"; and (7) a statement in bold type at the top of the application as follows: "Pursuant to
paragraph (2) of subsection (b) of Code Section 46-5-1 of the Official Code of Georgia
Annotated, the municipal authority shall notify the applicant of any deficiencies in this
application within 15 business days of receipt of this application"; and
WHEREAS, the Council finds that those requirements as set forth in O.C.G.A. § 46-5
I (b)( I) have been met and satisfied and that Crown Castle's application is otherwise complete
and in order; and
WHEREAS, O.CG.A. § 46-5-1 (a)(1) provides that any telephone company chartered by
the laws of this or any other state shall have the right to construct, maintain, and operate its lines
and facilities upon, under, along, and over the public roads and highways and rights of way of
this state with the approval of municipal authorities in charge of such roads, highways, and rights
of way; and
WHEREAS, O.C.G.A. 46-5-1(b)(l7) provides that if a telephone company receives
authorization to construct, maintain, and operate its lines and facilities upon, under, along, and
over the public roads and highways and rights of way of this state with the approval of municipal
authorities in charge of such roads, highways, and rights of way, the telephone company must
still comply with any permitting requirements of said municipality;
WHEREAS, the City Council deems and declares it to be in the best interests of the
citizens of the City of Milton that the January 31, 2014, application of Crown Castle be
approved.
NOW THEREFORE, the Council of the City of Milton hereby ordains and resolves that
the application of Crown Castle to make use of the public roads, highways and rights of way
belonging to and within the City of Milton is hereby deemed in order and complete;
BE IT FURTHER RESOLVED, the Council of the City of Milton hereby ordains and
resolves that the application of Crown Castle to make use of the public roads, highways and
rights of way belonging to and within the City of Milton is hereby approved;
BE IT FURTHER RESOLVED that the City of Milton does hereby affinn its
entitlement to all benefits under O.CG.A. 46-5-1 (a)(1), et.seq, to include the receipt of Due
Compensation as defined by O.CG.A. § 46-5-1 (b )(9) and (11) as a condition of the construction
of any telecommunications structures or facilities within the public rights of way of the City of
Milton;
BE IT FURTHER RESOLVED that, prior to the erection of any wireless facilities or
wireless support structures within the rights of way of the City of Milton or otherwise, that
Crown Castle shall be required to apply for and receive a pennit, to include the requisite Council
approval, pursuant to the dictates and requirements of Chapter 54 of the Code of Ordinances of
the City of Milton Georgia and any other applicable Milton rules, regulations or ordinances; and
BE IT FURTHER RESOLVED that if a pennit is secured for erection of any wireless
facilities or wireless support structures within the rights of way of the City of Milton, then
Crown Castle shall nonetheless be subject to all requirements and obligations set forth in
O.C.G.A. §§ 32-6-171 and 32-6-173 and Chapter 54, Section 8 of the Code of Ordinances of the
City of Milton Georgia regarding the repair, maintenance, and relocation of said facilities or
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structures.
BE IT SO RESOLVED AND ORDAINED, this 17th day of March, 2014, by the
Council of the City of Milton, Georgia, the public health, safety and welfare demanding it.
Approved:
JOeLO~
Sudie AM Gordon, City Clerk
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