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HomeMy WebLinkAbout2001-03712/01 ORD(LEGAL)WGC/nhm ORDINANCE NO. 2001- 037 AN ORDINANCE OF INDIAN RIVER COUNTY, FLORIDA EXTENDING FOR AN ADDITIONAL THREE MONTHS A MORATORIUM ON THE ACCEPTANCE OF APPLICATIONS FOR WIRELESS TELECOMMUNICATIONS TOWERS AND ON THE ISSUANCE OF PERMITS AND APPROVALS FOR THE CONSTRUCTION OF WIRELESS TELECOMMUNICATIONS TOWERS; PROVIDING FOR EXCEPTIONS; SETTING FORTH EXPIRATION AND EFFECTIVE DATES. WHEREAS, pursuant to Section 1(f), Article VIII, of the Florida Constitution and Chapter 125, Florida Statutes, Indian River County is authorized and required to protect the public health, safety, and welfare and may exercise any power for a governmental purpose except when expressly prohibited by law, and, pursuant to this authority and Section 163.3202, Florida Statutes, Indian River County has enacted land development regulations, consistent with its adopted Comprehensive Plan, which protect the quality of life in Indian River County; and WHEREAS, Indian River County adopted Ordinance No. 2001-01 on January 2, 2001 declaring a 6 -month moratorium on the acceptance of applications for wireless telecommunications towers. and on the issuance of permits and approvals for the construction of wireless telecommunications towers; and WHEREAS, since that time the County has researched other local government wireless master planning efforts; has prepared a detailed scope of services identifying necessary tasks for preparing a wireless master plan and revising county land development regulations; has issued a request for consultant proposals; has evaluated and ranked proposals, and interviewed the top four ranked firms; has negotiated and entered into a contract with the top ranked firm; and WHEREAS, the moratorium imposed by Ordinance 2001-01 was extended for an additional six months by Ordinance 2001 -01 7 which was adopted on July 3, 2001 and which will expire January 6, 2002; and WHEREAS, the consultants workshop scheduled for September 11, 2001 had to be cancelled due to acts of war against the United States of America and civilized society everywhere; and ORDINANCE NO. 2001- 037 WHEREAS, the consultants workshop could not be rescheduled until November 13, 2001; and WHEREAS, the consultant and County require additional time to implement the wireless master planning contemplated by their contract; and WHEREAS, this wireless master planning effort is a "... necessary and bona fide effort to act carefully in a field with rapidly evolving technology" and ... the circumstances call for study, deliberation and decision-making .... SSprint Spectrum. L.P. v. City of Medina, 924 F. Supp. 1036, 1040 (W.D. Wash. 1996); and WHEREAS, "by requiring action within a reasonable period of time, Congress did not intend to create arbitrary time tables that force local authorities to make hasty and ill-considered decisions". SNET Cellular. Inc. v. Angell, 99 F. Supp. 190, 198, (D.R.I. 2000). NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that: SECTION 1. PROHIBITION Except as otherwise provided herein, the moratorium imposed by Ordinance 2001-01 and extended by Ordinance 2001-017 is hereby extended an additional three months and no applications for tower permits shall be accepted and no Special Exception Permits or other permits shall be issued for commencement of towers for three months from the effective date of this ordinance or until the adoption of new and/or amended land development regulations applicable thereto, whichever shall first occur. SECTION 2. EXCEPTIONS The prohibition set forth in Section 1 hereof shall not apply to: Any complete application for a tower which was on file on the effective date of Ordinance 2001-01 and which is subsequently determined by the County Commission to meet all applicable requirements on the Land Development Code; 2. Any tower which is determined by the County Commission to be necessary to any governmental utilities or emergency communications system; 3. Any existing tower replacement or repair; 4. Amateur radio antennas and towers; ORDINANCE NO, 2001-M7 5. Adding an antenna to an existing structure so that the height of the original structure is not increased by more than 10%; or 6. The replacement or reconfiguration of an existing utility pole only within the ten -mile ridge FPL easement for purposes of accommodating an antenna, provided that the height shall not exceed 130 feet. SECTION 3. CONFLICTS SECTION 4. 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. SECTION 4. EFFECTIVE DATE This ordinance shall take effect on January 7, 2002. This ordinance was advertised in the Vero Beach Press -Journal on the 8th day of December, 2001, for a public hearing to be held on the 18th day of December, 2001, at which time it was moved for adoption by Commissioner Stanbridge seconded by Commissioner Adams and adopted by the following vote: The application of any Indian River County ordinance in conflict Caroline D. Ginn herewith is hereby suspended Vice during the time period set forth in Section 1 to the Chairman Ruth M. Stanbridge Aye extent of such conflict. B. Commissioner SECTION 4. 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. SECTION 4. EFFECTIVE DATE This ordinance shall take effect on January 7, 2002. This ordinance was advertised in the Vero Beach Press -Journal on the 8th day of December, 2001, for a public hearing to be held on the 18th day of December, 2001, at which time it was moved for adoption by Commissioner Stanbridge seconded by Commissioner Adams and adopted by the following vote: The Chairman thereupon declared the ordinance duly passed and adopted this 18th day of December, 2001. APPROVED AS TO FORM ANDL' EG�AL SUF ICIENCY BY �'��` WILLIAM G. COLLINS II DEPUTY COUNTY ATTORNEY BOARD OF COUNTY COMMISSION INDIAN RIVER COUNTY, FLORIDA By: rtgZ52 0040l Caroline D. Ginn, Chairmffn Chairman Caroline D. Ginn Ayp Vice Chairman Ruth M. Stanbridge Aye B. Commissioner Fran Adams Aye Aye Commissioner Kenneth R. Macht The Chairman thereupon declared the ordinance duly passed and adopted this 18th day of December, 2001. APPROVED AS TO FORM ANDL' EG�AL SUF ICIENCY BY �'��` WILLIAM G. COLLINS II DEPUTY COUNTY ATTORNEY BOARD OF COUNTY COMMISSION INDIAN RIVER COUNTY, FLORIDA By: rtgZ52 0040l Caroline D. Ginn, Chairmffn X, Fru ' k ORDINANCE NO. 2001- 037 fi 4 ATTESeffrey�l� Barton, Clerk 4P �,, t � y - De`uty CI "r4` rr if .. i ,ACKNOIN�EDGNIENT by the Department of State of the State of Florida, this 7 day of December; 2001.