Loading...
O96-481 2 3 4 5 6 7 8 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 30 31 32 33 34 35 36 37 40 41 42 43 ORDINANCE NO.,::x:_:J6- AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, TO DECLARE A 90 DAY MORATORIUM UPON ALL LANDS WITHIN THE CITY, INCLUDING BUT NOT LIMITED TO ANY AND ALL RIGHTS-OF-WAY AND EASEMENTS, AS WELL AS ANY RIGHTS GRANTED BY FRANCHISE, AS TO THE PLACEMENT OF WIRELESS TELECOMMUNICATIONS FACILITIES OF ANY NATURE, THE INSTALLATION OF ALL LINES, CABLES, FIBERS AND OPEN VIDEO SYSTEMS OF ANY NATURE OTHER THAN STANDARD FLORIDA POWER AND LIGHT ELECTRIC LINES, SOUTHERN BELL TELEPHONE LINES AND CABLE TELEVISION LINES; INCLUDING THE ISSUANCE OF PERMITS FOR THE PLACEMENT, INSTALLATION, CONSTRUCTION AND MODIFICATION THEREOF; TO ENABLE THE CITY TO FURTHER STUDY AND GATHER INFORMATION RELATED TO THE REQUIREMENTS OF THE TELECOMMUNICATIONS ACT OF 1996; TO ENABLE THE CITY TO REVIEW PERTINENT INFORMATION AND ADOPT MINIMUM STANDARDS FOR THE LOCATION AND APPROVAL OF WIRELESS TELECOMMUNICATIONS FACILITIES AND LINES, CABLES, FIBERS AND OPEN VIDEO SYSTEMS OTHER THAN THOSE SPECIFIED ABOVE; PROVIDING THAT ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT THEREWITH BE OF NO FORCE AND EFFECT DURING THE TIME PERIOD OF THE MORATORIUM; PROVIDING FOR SEVERABILITY AND AN EFFECTIVE DATE WHEREAS, the Telecommunications Act of 1996, hereinafter referred to as the" ' " Act, was signed into law on February 8, 1996; and WHEREAS, Section 704 of the Act relating to facilities siting, preserves the authority of state and local government over decisions regarding the placement, construction, and modification of personal wireless service facilities; and WHEREAS, the Act provides that regulation of the placement, construction, and modification of personal wireless facilities shall not unreasonably discriminate among providers of functionally equivalent services and shall not prohibit or have the effect of prohibiting the provision of personal wireless services; and WHEREAS, the Act further provides that a state or local government shall act on any request for authorization to place, construct, or modify personal wireless service facilities within a reasonable period of time after the request is filed with the government; and WHEREAS, the telecommunications industry is currently undergoing tremendous growth and the City Commission has directed staff to review the Code of Ordinances to propose amendments to ensure city regulations are consistent 9125/96 1 2 3 4 7 8 9 10 11 12 13 14 15 17 18 19 20 21 22 23 24 25 28 29 30 with the provisions of the Act in all areas, including but not limited to minimum standards for wireless communication, telephone services, cable services and open video systems, and the location and approval communications antennas and towers and other facilities relating thereto which are consistent with the Act; and WHEREAS, changes in telecommunications technology, additional licenses granted by the Federal Communications Commission and the increased demand for communication services of all kinds, including but not limited to wireless, telephone services, cable services, and open video systems have led to a significant increase in the demand for telecommunication facilities in the city; and WHEREAS, information received from industry and other governmental agencies that have studied current technology establish that telecommunication facilities can be designed and installed in ways that will minimize concerns relating to health and aesthetics and maximize other appropriate health, safety, and welfare concerns; and WHEREAS, on or about August 1, 1996 the Federal Communications Commission promulgated voluminous regulations and standards relating to telecommunications, including but not limited to telephone, cable, wireless communication services and open video systems; and WHEREAS, the staff of the City requires time to study the application and function of the Act and the recently promulgated FCC regulations and standards within the City of Boynton Beach; and WHEREAS, the staff of the City also requires time to study recent technological advances and the application thereof affecting all aspects of communication, including but not limited to wireless service, cable services, telephone services, open video systems, and the placement of facilities relating thereto; and WHEREAS, the moratorium, together with the continued study, including the review of the Federal Communication Commission rules, is consistent with the requirements of the Act; and WHEREAS, it is in the best interests of the citizens of the City of Boynton :9/25/96 1 2 3 4 7 8 9 10 11 12 13 14 15 17 18 19 20 21 22 23 24 25 28 29 30 Beach to impose the moratorium; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: .Section 1. The aforementioned "Whereas" clauses are hereby ratified and confirmed and incorporated herein. Section 2. The City Commission of the City of Boynton Beach hereby declares a ninety (90) calendar day moratorium, including but not limited to the placement of any wireless telecommunication facilities, cable facilities, pole attachments, open video systems, the installation of all lines, cables, fibers, towers and antennas of any nature, other than the standard Florida Power & Light electric lines for electrical service, standard Southern Bell telephone lines for telephone service, and standard cable television lines for cable television service, including the issuance of any permits for the placement, installation, construction and modification thereof in order to enable the City to further study and gather information related to the requirements of the Telecommunications Act of 1996, the recently promulgated Federal Communications Commissions standards and regulations, and other pertinent information, and adopt minimum standards consistent with the provisions of the Act. Section 3. The City Commission of the City of Boynton Beach hereby declares that the moratorium shall be effective for a period of 90 days from the date of adoption unless otherwise extended by the City Commission. Section 4. Conflicting Ordinances. All prior ordinances or resolutions or parts thereof in conflict herewith are to the extent of said conflict, hereby determined to be of no force and effect during the time period of the moratorium. Section 5. Severability. If any section, sentence, clause, or phrase of this Ordinance is held to be invalid or unconstitutional by any court of competent jurisdiction, then said holding shall in no way affect the validity of the remaining portions of this Ordinance. )/25/96 1 2 3 4 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Section 6. Effective Date. ThisOrdinmnce shall become effective immediately upon adoption, provided that enactment of-~is Ordinance shall not prevent processing of an application for, or issuance of a permit for a telecommunication facilitY~{f apPlicati°n~Was mmde Prior~° the da~'e~0f First Reading of this Ordinance. PASSED FIRST READING THE /,.4' DAY OF October, 1996. PASSED SECOND READING THE ..../~ day of .... /1,~z/~~,~ ,1996. ATTEST: ~' City Clerk CiTY Of BOYNTON BEACH, FLORIDA ayor // Commissioner / s: ~/25/96