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HomeMy WebLinkAbout5037 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 ORDINANCE NO. 5 0 3 7 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AUBURN, KING COUNTY, WASHINGTON, AMENDING ORDINANCE NO. 4960 SuND ORDINANCE NO. 5025 TO EXTEND THE MORATORIUM FOR SIXTY-FIVE I~YS RELATING TO THE ISSUANCE AND REGULATION OF PERMITS FOR COM~iERCIAL CABLE AND WIRELESS TELECOMMUNICATION FACILITIES ON CITY-OWNED PROPERTY AND RIGHTS OF WAY, ADOPTING FINDINGS OF FACT, AND DECLARING ANEMERGENCY EXISTS. technological changes have applications for commercial facilities and like towers, building and rooftop-mounted WHEREAS, significantly wireless including, apparent increased the telecommunication but not limited to, antenna systems, stand alone antenna towers, and antenna systems mounted on utility poles; and WHEREAS, the increased demand for siting locations on City-owned property and rights of way necessitates that the permitting process be reviewed to make certain it is consistent with other uses and non-interference between communication facilities; and WHEREAS, the Federal Telecommunications Act of addresses state and local ability to regulate commercial and wireless telecommunication facilities; and 1996 cable Ordinance No. 5037 October 31, 1997 Page i 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 WHEREAS, process in facilities way; and WHEREAS, the City of Auburn does not have an adopted place that addresses the ability to allow these on City owned property or within public rights of pursuant to RCW 35.63.200 a public hearin9 shall be held on this moratorium within sixty (60) days after its adoption and that findings of fact are to be adopted to justify the moratorium; and WHEREAS, a moratorium is necessary to develop appropriate procedures and policies due to the increasin9 demands; WHEREAS, a moratorium is necessary to allow staff determine what, if any, and potential aesthetic impacts on neighboring properties and the WHEREAS, draft ordinances were presented to Public Works Committee for review and discussion on October 27, 1997; and is not anticipated that a public hearin9 on and time to potential health and safety hazards result from these facilities community as a whole; and WHEREAS, it the ordinance and presentation to the council can be accomplished within the time frame presently established by ordinances 4960 and 5025. Ordinance No. 5037 October 31, 1997 Page 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 NOW, KING COUNTY, WASHINGTON, DO ORDAIN AS FOLLOWS: ~ Ordinance No. hereby amended to extend the permits for cable and commercial facilities and like towers for a period of days from the date of this Ordinance for THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, studying and developing policies, procedures, to deal with leases, right of way uses, permitting process for authorizing use of 4960 and Ordinance No. 5025 are moratorium and the issuance of wireless telecommunication sixty-five (65) the purposes of and an Ordinance franchising, and a City-owned property and rights of way. facilities and like monopole towers, Commercial wireless towers is defined to facilities for television and monopoles, satellite telecommunication include tower and radio transmission and dishes, micro-dishes, communication node cabinets, antennas and relay station cellular phones, personal enhanced specialized mobile radio above-ground pedestal cabinets, facilities for personal pagers, communication services (PCS), (ESWR) facilities, plus any Ordinance No. 5037 October 31, 1997 Page 3 1 2 3 4 5 6 7 8 9 lO ll 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 and all necessary structures or facilities appurtenant to, or related to these various telecommunication facilities. ~ The moratorium shall not preclude the ability to place towers, additional antennas, dishes or similar features on private property pursuant to Ordinance 5020. ~ The moratorium shall not apply to personal wireless facilities such as short-wave radio facilities and residential television satellite systems. ~ The moratorium shall not apply to the construction, installation and operation of public safety and emergency wireless telecommunication facilities. ~ The moratorium shall not apply to those completed applications presently filed with the City nor to those communication providers presently negotiating franchise agreements. ~_e_C~L~]a__2~ The City Clerk shall schedule a public hearing on the moratorium imposed herein within sixty (60) days from the effective date of this Ordinance. Ordinance No. 5037 October 31, 1997 Page 4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 ~ The Mayor is hereby authorized to implement such administrative procedures as may be necessary to carry out the directions of this legislation. ~_~ An emergency is declared to exist the foregoing findings of fact and this Ordinance shall become effective immediately upon the passage. In the event the emergency status is challenged and challenge is effective then this Ordinance shall take effect and be based upon in force five (5) days from and after its passage, approval and publication, as provided by law. ~ The provisions of this Ordinance are declared to be separate and severable. The invalidity of any clause, sentence, paragraph, subdivision, section or portion of this Ordinance, or the invalidity of the application thereof to any person or circumstance shall not affect the validity of the remainder of this Ordinance, or the validity of its application to other persons or circumstances. Ordinance No. 5037 October 31, 1997 Page 5 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 ATTEST: Danielle E. Daskam, City Clerk APPROVED AS TO FORM: City Attorney Ordinance No. 5037 October 31, 1997 Page 6 INTRODUCED: PASSED: APPROVED: November 3, 1997 N6vember 3, 1997 November 3, 1997 CHARLES A. BOOTH MAYOR