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1996-18BILL NO. 1996-18 AN INTERIM ORDINANCE REGULATING TRANSMISSION AND RECEPTION FACILITIES OF COMMERCIAL WIRELESS TELECOMMUNICATION SERVICES: ESTABLISHING A MORATORIUM; AND DIRECTING A STUDY BE CONDUCTED THEREON THE CITY OF RICHFIELD ORDAINS: Section 1. Background 1.01. The City of Richfield ("City") currently regulates various types of wireless transmission and reception facilities through its officials controls. 1.02. Among the facilities that are currently subject to regulation are antennas and towers having a fixed location and operated to furnish to the public commercial wireless telecommunication services (hereinafter "CWTS"), including cellular, personal commu nication services (PCS), specialized mobilized radio (SMR), enhanced specialized mobilized radio (ESMR), paging, and similar services that are marketed to the public. 1.03. Market demand, rapid advances in technology and expanding federal licensure of radio frequencies has resulted in the proliferation of CWTS in the recent past; and that trend can be expected to accelerate in the reasonably foreseeable future. 1.04. The city's regulation of antenna and tower transmission facilities predates the events described above and fails to differentiate among the various types of facilities including CWTS. 1.05. The City Council is concerned that its official controls relating to antennas and towers may not adequately address issues related to these towers, such as the appropriate locations for the towers and the conditions under which they may be allowed within the City, including structural and construction requirements, co-location, setbacks, and height limitations. 1.06. The City has received inquiries from companies desiring to construct CWTS towers and other facilities in the City. 1.07. Minnesota Statutes, section 462.255, subdivision 4, allows the City to adopt an interim ordinance for the purpose of protecting the planning process and the health, safety and welfare of its citizens. Section 2. Findinas. 2.01. The City Council finds that it is necessary to conduct studies to determine if there is a need to amend the City's official controls or its comprehensive plan relating to CWTS's, and if so, to adopt the appropriate amendments. 2.02. The City Council finds that there is a need to adopt an interim moratorium ordinance for the purpose of protecting :he planning process and the health, safety and welfare of its citizens regarding such matters. Section 3. Plannina and Zoning Study. 3.01. A study is authorized to be conducted by City staff to determine if the City's official controls need to be modified as they relate to CWTS's. Bill No. 1996-18 -2- 3.02. Pending completion of the study and adoption of any amendments to the City's official controls, there is hereby established a moratorium on the construction, erection, placement, reconstruction, enlargement, or expansion of CWTS towers and CWTS antennas within the City and on the development and use of property for such purposes. 3.03. During the period of the moratorium, applications for final site and building plan approval, building permits, and other permits and approvals related to such tower work shall not be accepted by the City; neither the Planning Commission nor the City Council shall consider or grant approval of any application for such work; and no building permits for such work shall be issued. Notwithstanding any provision in this subsection to the contrary, the City may, upon fast reading of an ordinance adopted following the study established by this moratorium, receive and review (but not decide) applications for the work described in paragraph 3.02 above. 3.04. For the purposes of the moratorium, the term "C1M'S tower" shall mean any pole, spire, structure, or combination thereof, including supporting lines, cables, wires, braces, and masts, intended primarily for the purpose of mounting an antenna or similar apparatus above grade, for the purpose of providing commercial wireless telecommunication services to the public. 3.05. For the purposes of this moratorium, the term "CWTS antenna" shall mean the component of the CWTS which actually transmits and receives the signal. 3.06. The moratorium shall not apply to (a) the lawful use of existing towers, (b) the repair and/or maintenance of any existing tower provided that such work does not enlarge or expand that tower, (c) work on a tower necessary to preserve health, safety, life, or property in the face of an emergency, (d) tower work that has received all necessary permits and approvals from the City prior to the effective date of this resolution, or (e) the placement of CWTS antennas on facilities owned and controlled by the City subject to restrictions and limitations deemed appropriate by the City in its sole discretion but only in circumstances where such placement would not be inconsistent with the objectives of the study. Section 4. Enforcement. The City may enforce this resolution by mandamus, injunction or other appropriate civil remedy in any court of competent jurisdiction. Section 5. Term. Unless earlier repealed by the City Council, this ordinance is effective until October 1, 1996, and may be further extended for such additional periods as the City Council may deem appropriate, not exceeding a total additional period of 18 months. Adopted by the City Council of the City of Richfield, Minnesota this 22nd day of July, 1996. ATTEST: ~~ , Thomas P. Ferber, City Clerk ° r ~ j ~ ~ ~ ~ ~ _ ~; - <: j: , Martin J. Kirsch, M,~yor r City of Richfield f_ STATE OF MINNESOTA) SS. COUNTY OF HENNEPIN) Denis L. Mindak (Official Publication) BILL NO.1996-18 AN 11VTERIM ORDINANCE REGULATING TRANS- MISSIONAND RECEPTION FACILITIES OF COM- MERCIAL WIRELESS TELECOMMUNICATION MINNE$~Tq SERVICES: ESTABLISHING A MORATORIUM; AND DIRECTING c ' ,N A STUDY BE CONDUCTED THEREON v` J THE CITY OF RICHFIELD ORDAINS: PlJBIICATiONS Section 1. Background. sirrQx1a,t 9.»vaat StrwS~Ibr 1.01. The City of Richfield ("City') currently regu- AFFIDAVIT OF PUBLICATION latesvarioustypesofwirelesstransmissionandreception facilities through its officials controls. 1.02. Among the facilities that are currently subject to regulation aze antennas and towers having a fixed lo- cation and operated to furnish to the public commercial wireless telecommunication services (hereinafter "CWTS"), including cellulaz, personal communication ser- vices (PCS), specialized mobilized radio (SMR) enhanced , specialized mobilized radio (ESMR), paging, and similaz services that aze mazketed to the public. 1.03. Mazket demand, rapid advances in technology and expanding federal licensure of radio frequencies has _, being duly sworn on an oath says that he/she is resulted in the proliferation of CWTS in the recent past; and that trend can be expected to accelerate in the rea- bl f bl f t the ublisher or authorized a ent and em to ee of the ublisher of the news a er known as sons y oreseea e u ure. p 9 p Y p p p 1.04 The City's regulation of antenna and tower 1 Sun -Current ,and has full knowledge of the facts transmission facilities predates the events described above and fails to differentiate among the various types of facilities including CWTS. WhICh are Stated belOW. 1.05. The City Council is concerned that its official controls relating to antennas and towers may not ade- quatelyaddress issues related to these towers, such as the (A) The newspaper has complied with all of the requirements constituting qualification as a appropriate locations for the towers and the conditions under which they may be allowed within the City, includ- qualified newspaper, as provided by Minnesota Statue 331 A.02, 331 A.07, and other applicable ing structural and construction requirements, co-location, setbacks, and height limitations. I1WS, aS amended. 1.06. The City has received inquiries from compa- Hies desiring to construct CWTS towers and other facili- ties in the City. (B) The printed B 1 I I N 0 . 19 96-18 1.07. Minnesota Statutes, section 462.255, subdivi- sion 4, allows the City to adopt an interim ordinance For the purpose of protecting the planning process and the health, safety and welfaze of its citizens. Section 2. Findings. which is attached was cut from the columns of said newspaper, and was printed and published 2.01. The City Council finds that it is necessary to conduct studies to determine if there is a need to amend once each week, for one successive weeks; it was first ublished e the City's official controls or its comprehensive plan relat- ing to CWTS's, and if so, to adopt the appropriate amend- on W e d n E s d a Y ,the 31 day of J u I Y , 19 9 6 ,and was thereafter ments. 2.02. The City Council finds that there is a need to adopt an interim moratorium ordinance for the purpose of printed and published on every to and including protecting the planning process and the health, safety and welfaze of its citizens regazding such matters. the day of , 19 ;and printed below is a copy of Section 3. Planning and Zoning Study. 3.01. A study is authorized to be conducted by City staff to determine if the City's official controls need to be the lower case alphabet from A to Z, both inclusive, which is hereby acknowledged as being the modified as they relate to CWTS's. 3.02. Pending completion of the study and adoption size and kind oft a used in the com osition and UbIICBtIOn Of the notlCe: of any amendments to the City's official controls, there is yp p p hereby established a moratorium on the construction abcdefghijklmnopgrstuvwxyz erection, placement, reconstruction, enlazgement, or ex- pansion of CWTS towers and CWTS antennas within the ~ City and on the development and use of property for such ~° BY ~ purposes. 3.03. During the period of the moratorium applica- ~ . tions for final site and building plan approval, building ' permits, and other permits and approvals related to such TITLE: P U b I 1 S h e r tower work shall not be accepted by the City; neither the Planning Commission nor the City Council shall consider Acknowledged before me on this or grant approval of any application for such work; and no building permits for such work shall be issued. Notwith- 31 day of J U I ~Y , 19 9 6 . standing any provision in this subsection to the contrary, the City may, upon first reading of an ordinance adopted following the study established by this moratorium, re- 5 ~ I ~1 tom` ~ r ceiveand review (but not decide) applications for the work described in az p agraph 3.02 above. i. "~j ~ r~ ` ~ ~ ,~ ~1 N~LGii_.~._~..,; ~ ~~ _~/,L n ~'?~ t~.~..r~"°v' 3.04. For the purposes of the moratorium, the term "CWTS towel" shall mean any pole, spire, structure, or Notary PubIIC `- combination thereof, including supporting lines, cables, i b d t i d ` w res, races, an mas s, nten ed primarily for the pur- pose of mounting an antenna or similaz apparatus above grade, for the purpose of providing commercial wireless telewmmunication services to the public. 3.05. For the purposes of this moratorium, the term _ ~. ' "CWTS antenna" shall mean the component of the CWTS which actually transmits and receives the signal. " 3.06 The moratorium shall not apply to (a) the law- ful use of existing towers, (b) the repair and/or mainte- nance of any existing tower provided that such work does not enlazge or expand that tower, (c) work on a tower nec- RATE INFORMATION essary to preserve health, safety, life, or property in the face of an emergency, (d) tower work that has received all (1) Lowest classified rate paid by commercial users $ 2.15 per line necessary permits and approvals from the City prior to the effective date of this resolution, or (e) the placement of for comparable space CWTS antennas on facilities owned and controlled by the City subject to restrictions and limitations deemed appro- 2 Maximum rate allowed b law for the above matter $ 5.95 er line ( ) y p Priate by the City in its sole discretion but only in cir- cumstances where such placement would not be inconsis- tentwith the objectives of the study. Section 4. Enforcement. The City may enforce this (3) Rate actually charged for the above matter $ 1.09 per line resolution by mandamus, injunction or other appropriate civil remedy in any court of competent jurisdiction. Section 5. Term. Unless eazlier repealed by the City Council, this ordinance is effective until October 1, 1996, and may be further extended for such additional periods as the City Council may deem appropriate, not exceeding a total additional period of 18 months.