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ORDINANCE NO. 2001- 037 <br />WHEREAS, pursuant to Section 1(0, Article Vlll, of the Florida <br />Constitution and Chapter 125, Florida Statutes, Indian River County is authorized <br />and required to protect the public health, safety, and welfare and may exercise any <br />power for a governmental purpose except when expressly prohibited by law, and, <br />pursuant to this authority and Section 163.3202, Florida Statutes, Indian River <br />County has enacted land development regulations, consistent with its adopted <br />Comprehensive Plan, which protect the quality of life in Indian River County; and <br />WHEREAS, Indian River County adopted Ordinance No. 2001-01 on <br />January 2, 2001 declaring a 6 -month moratorium on the acceptance of applications <br />for wireless telecommunications towers and on the issuance of permits and <br />approvals for the construction of wireless telecommunications towers; and <br />WHEREAS, since that time the County has researched other local <br />government wireless master planning efforts; has prepared a detailed scope of <br />services identifying necessary tasks for preparing a wireless master plan and <br />revising county land development regulations; has issued a request for consultant <br />proposals; has evaluated and ranked proposals, and interviewed the top four ranked <br />firms; has negotiated and entered into a contract with the top ranked firm; and <br />WHEREAS, the moratorium imposed by Ordinance 2001-01 was <br />extended for an additional six months by Ordinance 2001-017 which was adopted on <br />July 3, 2001 and which will expire January 6, 2002; and <br />WHEREAS, the consultants workshop scheduled for September 11, <br />2001 had to be cancelled due to acts of war against the United States of America <br />and civilized society everywhere; and <br />k' <br />WHEREAS, the consultants workshop could not be rescheduled until <br />November 13, 2001; and <br />WHEREAS, the consultant and County require additional time to <br />implement the wireless master planning contemplated by their contract; and <br />WHEREAS, this wireless master planning effort is a "... necessary and <br />bona fide effort to act carefully in.a field with rapidly evolving technology" and "... the <br />circumstances call for study, deliberation and decision-making ...". Sprint Spectrum <br />L.P. v. City of Medina, 924 F. Supp. 1036, 1040 (W.D. Wash. 1996); and <br />WHEREAS, "by requiring action within a reasonable period of time, <br />Congress did not intend to create arbitrary time tables that force local authorities to <br />make hasty and ill-considered decisions". SNET Cellular Inc v Angell, 99 F. Supp. <br />190, 198, (D.R.I. 2000). <br />NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF <br />COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that: <br />SECTION 1. PROHIBITION <br />Except as otherwiserovided herein, <br />p the moratorium imposed by <br />Ordinance 2001-01 and extended by Ordinance 2001-017 is hereby extended an <br />additional three months and no applications for tower permits shall be accepted and <br />no Special Exception Permits or other permits shall be issued for commencement of <br />towers for three months from the effective date of this ordinance or until the adoption <br />of new and/or amended land development regulations applicable thereto, whichever <br />shall first occur. <br />DECEMBER 1 S, 2001 <br />-66- <br />t [ I 9 g'k_ n in ...� <br />I% I f:. Ivl 1'113 t 1 <br />