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HomeMy WebLinkAbout2868 RESOLUTION NO. ~__ A RESOLUTION of the City Council of the City of Bremerton, Washington, imposing a moratorium on the acceptance of applications for any building, land use, or development permit or approval for the purpose of siting and/or development of wireless communication facilities within the City of Bremerton. WHEREAS, the Federal Telecommunications Act of 1996 (Pub. L. No. 104-104, 110 stat. 56, 31-136, hereinafter the "Act") was designed to remove regulatory barriers and encourage competition among all types of communication companies; and WHEREAS, the Act ratifies the authority of local governments to regulate telecommunications services and carders, but also limits local government's authority in certain respects; and WHEREAS, the City Council is currently reviewing its policies with regard to the zoning and placement of wireless communication facilities as defined in RCW 35.99.010 (hereinafter "wireless communication facilities" or "facilities") in the City of Bremerton; and WHEREAS, the City is facing an increasing number of applications for construction of wireless telecommunication facilities within the City and the City has not yet adopted a comprehensive telecommunications siting and design ordinance; and WHEREAS, the City must adopt ordinances, policies or plans for dealing with the inflow of telecommunication facilities to the City that will potentially deal with issues relating to the siting and development of these facilities, including, but not limited to, the following: · Zoning · Clustering of facilities · Collocation, development standards, visual impact mitigation, noise, tower construction; and 1 WCF Moratorium WHEREAS, in order to properly adopt the policies, plans and an ordinance to deal with these facilities the City must have a period of time within which to research its options and prepare an ordinance without the influx of new applications; and WHEREAS, since the City does nOt currently have sufficient regulations to properly regulate the siting and development of wireless telecommunication facilities, the enactment of a moratorium on processing applications prior to holding a public heating is necessary to protect the public health and welfare of the community: and WHEREAS, because the Bremerton Municipal Code does not adequately address the various impacts that wireless communications facility uses present, and the protection of the public health, safety, and general welfare would be jeopardized by the establishment of such facilities prior to a review of the matter and possible adoption of new regulations by the City Council; and WHEREAS, the citizens of Bremerton would be well-served if the City more fully addressed and understood the potential impacts in the form of health, safety, economics, hazards to traffic, and aesthetics these facilities impose upon neighboring properties and the community as a whole; and WHEREAS, the City needs time to review existing information on the effects of these facilities and to review the Bremerton Municipal Code in a comprehensive fashion to determine what necessary code revisions are necessary to addresses the impacts of such uses; and WHEREAS, the City Council finds that the protection of the health, safety, and welfare supports imposing a moratorium on the acceptance of all applications for any building, land use, or development permit or approval under the Bremerton Municipal Code for the purpose of siting and/or development of wireless communication facilities within the city of Bremerton until additional review has been completed and any necessary code revisions have been adopted by the Bremerton City Council; and Moratorium WHEREAS, RCW 35.63.200 authorizes cities to adopt moratoriums provided a public hearing is held within sixty (60) days of adoption; and WHEREAS, a moratorium of the zoning and placement of wireless communication facilities is subject to the limitations of RCW 35.99.050; and WHEREAS, the purpose of this moratorium is to provide time in which the City Council may study its existing code, ordinances, and the impacts of such uses, during this moratorium period; determine what, if any, reasonable regulation is necessary to mitigate the impacts; and prepare for adoption of permissible regulations to regulate such uses; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. Recitals Incorporated. The recitals set forth in this resolution are hereby incorporated as if fully set forth herein. SECTION 2. Moratorium. Due to the findings set forth herein and as authorized pursuant and subject to RCW 35.63.200 and RCW 35.99.050, the Bremerton City Council does hereby declare a moratorium on the acceptance of applications for any building, land use, or development permit or approval (including variances and rezones), or any other permit or approval required to site and/or to develop, install, or relocate any wireless communication facility within the City of Bremerton. SECTION 3. Duration. The moratorium established herein is established for a period of six months from the effective date of this resolution or until the effective date of any ordinances establishing new regulations governing wireless communication facilities, whichever is sooner, and during said moratorium, no building, land use, or development permit or approval shall be issued nor shall any such permit application be accepted for any such use within the City of Bremerton. 3 WCF MoraWrium SECTION 4. Public Hearing. Pursuant to RCW 36.70A.390, the City Council shall hold a public heating on this moratorium within sixty (60) days of its adoption. Immediately after the public hearing, the City Council shall adopt findings of fact on the subject of this moratorium, either justifying its continued position or canceling the moratorium. SECTION 5. Severabili~. If any one or more sections, subsections, or sentences of this Resolution are held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion oft/tis Resolution and the same shall remain in full force and effect. SECTION 6. Ratification. Any act consistent with the authority and prior to the effective date of this resolution is hereby ratified and affirmed. SECTION 7. Effective Date. This Resolution shall take effect and be in force immediately upon its passage. PASSED by the City Council of the City of Bremerton, Washington this ~ day of ~,t_,~.~ ,2002. CAROL ARENDS, Council President APPROVED AS TO FORM: ATTEST: I~OC~R A. LUBOVICH, City Attorney KA~I'HLEEN MCCLU'SKEY, City Clerk R:\LEGAL~¢sol utions\WCF moratorum2.doc 4 WCF Moratorium