HomeMy WebLinkAboutRESOLUTION NO. 10-07-152STATE OF GEORGIA
COUNTY OF FULTON
RESOLUTION NO. 10-07-152
■w.� A RESOLUTION OF THE CITY OF MILTON, GEORGIA EXTENDING A MORATORIUM TO
BAR THE ACCEPTANCE OF APPLICATIONS FOR TELECOMMUNICATION FACILITY
PERMITS IN ALL ZONING CLASSIFICATIONS
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
'^ City of Milton; and
,,W WHEREAS, the Mayor and City Council believe the existing City Code is in need of
further enhancement and that it is in the best interest of the public health, safety and welfare of
the citizens of Milton for the City Code to be further amended in order to protect the following
interests:
a. To accommodate the communication needs of Milton residents and businesses
while protecting the public health, safety and general welfare;
b. To assure an appropriate pattern of Milton sitings;
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;
F. To avoid potential damage to adjacent properties from the construction and
operation of Towers through structural standards and setback requirements;
*WS„„ 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; and
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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, on May 14, 2010, the Mayor and City Council enacted a moratorium
extension barring for an additional 60 days, through and including July 13, 2010, the acceptance
of applications for permits for telecommunications Towers in all zoning categories in order to
O"" allow additional time to review and revise those City Code provisions related to
telecommunications towers in the City of Milton; and
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WHEREAS, the Mayor and City Council again 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
WHEREAS, on May 24, 2010, Governor Sonny Perdue signed into law the Advanced
Broadband Collocation Act which, among other things, significantly altered local government
permit requirements that may be imposed with respect to wireless communication providers
when they seek only to modify or collocate upon existing Towers. Due to this change in the law,
and further due to the City's need to ensure that its revised City Code complies in all material
respects with the new law, the Mayor and City Council believe that an additional moratorium
extension is necessary, with said extension to expire upon the earlier of: 1) thirty (30) days after
July 13, 2010; or 2) the adoption by the Mayor and City Council of the above -referenced
revisions to the City Code; and
WHEREAS, on or about July 7, 2010, various wireless providers, including T -Mobile and
Verizon, requested that the Mayor and City Council defer final action on the City Code in order
to ensure compliance with the Advanced Broadband Collocation Act; and
WHEREAS, the Mayor and City Council find that further extending the moratorium
barring the acceptance of applications for permits for telecommunications towers to be narrowly
,o"" tailored and the least restrictive means available to address the City of Milton's planning needs
both in terms of the time period described herein and in terms of the moratorium's narrow
impact of only affecting permits for telecommunications towers; and
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WHEREAS, the Mayor and City Council have scheduled and will hold a public hearing
on July 12, 2010 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 further extend a moratorium to bar the
acceptance by the City of Milton of applications for permits for telecommunications Towers in all
zoning classifications for an additional period beginning July 13, 2010 and ending upon the
earlier of: 1) thirty (30) days thereafter; or 2) the adoption by the Mayor and City Council of the
above -referenced revisions to the City Code, such moratorium extension being necessary in
order to complete the above -referenced revisions to the City Code and ensure that the revised
City Code is compliant with the Advanced Broadband Collocation Act.
The moratorium extended 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 been filed, nor does it prohibit the construction of
telecommunication Towers where a permit has already been issued;
This moratorium shall not restrict or impair the ability of applicant to submit applications
NPOW to the City of Milton for colocations on existing, permitted telecommunications towers.
Ohba 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.
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SO RESOLVED, the public's health, safety, and welfare demanding it.
This 12th day of July, 2010.
Attest:
Approved:
Loq,/wood, Mayor