HomeMy WebLinkAbout2882RESOLUTION NO. a~g~~'~-
A RESOLUTION of the City Council of the City of
Bremerton, Washington, relating to wireless commnnication
facilities, adopting findings of fact renewing 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
WHEREAS, because the Bremerton Municipal Code does not adequately address
the various impacts that wireless communications facility uses present, 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
WCF Moratorium Renewal
WHEREAS, the City needs additional 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 address the impacts of such
uses and to develop sufficient regulations to properly regulate the siting and development of
wireless telecommunication facilities; and
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, on July 24, 2002, the City Council adopted Resolution No. 2868
imposing a moratorium barring acceptance for any building, land use, or development permit of
approval 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 City Council on the issue of wireless communication
facilities within the City of Bremerton; and
WHEREAS, RCW 35.63.200 provides that a city adopting a moratorium shall
adopt findings of fact immediately after the public hearing held witkin sixty (60) days of
adoption of the moratorium; and
WHEREAS, a public hearing was held on August 14 2002, before the City
Council and Resolution 2872~ was adopted continuing the moratorium until midnight January
23, 2003; and
WHEREAS, staff is requesting a six (6) month renewal of the moratorium in
order to allow City Council and staff sufficient time to continue gathering relevant information,
complete a thorough analysis of the information, determine what, if any, reasonable regulation is
necessary to mitigate the impacts, and prepare for adoption of permissible regulations to regulate
such uses; and
WHEREAS, pursuant to RCW 35.63.200, a public hearing was held on January
22, 2003, to consider renewing the moratorium for a six (6) month period; and
WHEREAS, the City Council has considered all comments and materials
presented; and
WHEREAS, the City Council finds that the protection of the health, safety, and
welfare supports renewing the moratorium on the acceptance of all applications for any building,
~ Resolution 2872 contains two typographical errors. Resolution No. 2868 (not 2867 as stated in Whereas
paragraph 2 and Section 3) imposed the moratorium relating to wireless communication facilities.
WCF Moratorium Renewal
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
Bmmerton until additional review has been completed and any necessary code revisions have
been adopted by the Bremerton City Council; 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 and
resolutions 2868 and 2872 are hereby incorporated as if fully set forth herein and are hereby
adopted as Findings of Fact.
SECTION2. Renewal o[Moratorium. Based on the Findings of Fact adopted in
Section 1, the City Council hereby determines that it is necessary for the moratorium enacted in
Resolution 2868 and 2872 to be renewed for an additional six (6) month period. Accordingly,
the moratorium shall not expire until midnight on July 22, 2003, unless the moratorium is
shortened or extended by action of the City Council or until the effective date of any ordinances
establishing new regulations governing wireless communication facilities covered by this
moratorium, 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.
SECTION 3. Severability. 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 of this Resolution and the same shall remain in full
force and effect.
SECTION4. Effective Date. This Resolution shall take effect and be in force
immediately upon its passage.
.,.q PASSED by the City Council of the City of Bremerton, Washington this~l~a~
day of X~a.~, 2003.
CAROL ARENDS, Council President
APPROVED AS TO FORM:
R:kLEGALkResolutions\WCF Moratorium Renewal.doc
ATTEST:
'~zA/TH~LEE/~/,~I~I~ KEY, City Clerk
WCF Moratorium Renewal