HomeMy WebLinkAboutRESOLUTION NO. 10-05-147STATE OF GEORGIA RESOLUTION NO. 10-05-147
COUNTY OF FULTON
wmww A RESOLUTION OF THE CITY OF MILTON, GEORGIA EXTENDING A MORATORIUM FOR
60 DAYS TO BAR THE ACCEPTANCE �N ALL ZONING CLASSIFICATIONS
CATIONS TELECOMMUNICATION
FACILITY PERMITS
WHEREAS, the City of Milton, Georgia has been and continues to be a thriving
municipality in an area where the demand for wireless telecommunication services is continuing
unabated; and
WHEREAS, as a result of the demand for cellular telecommunication devices,
information delivery devices and other wireless products, the City of Milton has experienced an
increased interest by the telecommunications industry in the siting and construction of towers
and tower accessory structures for the provision of telecommunications services (together
"Tower" or "Towers"); and
WHEREAS, the Mayor and City Council presently have in effect a regulatory framework
set forth in Chapter 54 of the City of Milton City Code ("City Code") wherein private entities may
apply for and receive permits to construct and utilize telecommunications Towers; and
WHEREAS, in accord with this framework, private entities have historically applied for
and received permits and have constructed telecommunications Towers in various areas of the
.o.. City of Milton; and
am" WHEREAS, the Mayor and City Council believe the existing City Code is in need of
further enhancement and that it is in the
tob �� interest
amendedbncordelth, safety and welfare of
r to protect the following
the citizens of Milton for the City Code
interests:
a. To accommodate the communication needs of Milton residents and businesses
while protecting the public health, safety and general welfare;
I
b. To assure an appropriate pattern cif Milton sitingsi
c. To facilitate the provision of wireless communication facilities through careful
siting and design standards;
d. To minimize adverse visual effects of Towers through careful siting and design
standards;
e. To safeguard Milton's remaining agricultural and equestrian land uses;
on
f. To avoid potential damage h soua adjacent
standards and setback eequ requirements;
g.
and
operation of Towers through
g. To ensure that the fee assessed for processing Tower applications is appropriate
and reasonably related to the cost of such review; and
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h. To maximize the use of existing Towers, buildings or structures to accommodate
"""" new wireless communication antennas in order to reduce the number of Towers
need to serve the industry.
No" WHEREAS, the Mayor and City Council of the City of Milton find and believe that the
haphazard construction and operation of telecommunications towers throughout the City of
Milton presents a public, health, and safety threat; and
WHEREAS, the Mayor and City Council believe and find that it is critical that certain
provisions of the City Code addressing the issues identified above be examined and modified to
provide more exacting criteria for the siting of Towers in Milton; and
WHEREAS, the Mayor and City Council and their planning staff desire to develop
enhanced standards and guidelines for the issuance of permits for telecommunications Towers;
and
WHEREAS, on March 15, 2010, the Mayor and City Council enacted a moratorium
barring for 60 days the acceptance of applications for permits for telecommunications Towers in
all zoning categories in order to allow time to review and revise those City Code provisions
related to telecommunications towers in the City of Milton; and
WHEREAS, the Mayor and City Council find that additional time is necessary to finalize
and approve those necessary modifications to the City Code related to telecommunications
towers in the City of Milton; and
.w" WHEREAS, the Mayor and City satisfactory cil believe ensure all that
necessary City Code sixtys additional ae ndments
r.�
moratorium extension should be rY to
are completed; and
WHEREAS, the Mayor and City Council find extending the moratorium barring the
acceptance of applications for permits for telecommunications towers to be narrowly tailored
and the least restrictive means available to address the City of Milton's planning needs both in
terms of the 60 -day time period and in terms of the moratorium's narrow impact of only affecting
permits for telecommunications towers; and
WHEREAS, the Mayor and City Council have scheduled and will hold a public hearing
with respect to this moratorium extension prior to voting on same; and
WHEREAS, the Mayor and City Council find a moratorium to bar the acceptance of
applications for permits for telecommunications towers to be in the best interests of the public
health, safety, and welfare.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF
THE CITY OF MILTON, GEORGIA, AS FOLLOWS:
The Mayor and City Council do hereby extend a moratorium to bar the acceptance by
the City of Milton of applications for permits for telecommunications Towers in all zoning
pown classifications for an additional 60 days in order to complete the above -referenced revisions to
the City Code.
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The moratorium imposed herein does not limit the ability of property owners to develop
their land as currently zoned, nor does this moratorium prohibit consideration of permit
applications that have already e a been filed, nor does
mit has already been issued;
itprohibit the construction of
telecommunication Towers whey p
This Resolution shall be effective after public hearing upon a majority vote by the City
Council as ratified by the Mayor of the City of Milton.
SO RESOLVED, the public's health, safety, and welfare demanding it.
This 14th day of May, 2010.
Attest:
Sudie AM Gordon
Interim City Clerk
(Seal)
Approved:
, Mayor
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