1996-41 Extends Moratorium on Antenna Towerr~
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ORDINANCE No. 41-96
AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM
BEACH, FLORIDA, PROVIDING FOR AND IMPOSING A THREE (3) MONTH
MORATORIUM EXTENSION ON THE ISSUANCE OF PERMITS FOR ADDITIONAL
WIRELESS COMMUNICATIONS FACILITIES INCLUDING ANTENNA TOWERS WITHIN
THE MUNICIPAL LIMITS OF THE VILLAGE; PROVIDING FINDINGS OF FACT;
PROVIDING FOR THE REPEAL OF ALL ORDINANCES OR PARTS OF ORDINANCES
IN CONFLICT HEREWITH; AND, PROVIDING FOR AN EFFECTIVE DATE.
• WHEREAS, on February 8, 1996, the President of the United
States signed into law the Telecommunications Act of 1996 which
provides in part a national wireless telecommunications siting
policy; and
WHEREAS, the Telecommunications Act of 1996 preserves zoning
authority of local governments over decisions regarding the
placement, construction and modification of personal wireless
service facilities providing that the local government acts on any
request for placement, construction or modification of personal
wireless services within a reasonable period of time and does not
unreasonably discriminate among providers or prohibit personal
wireless services; and
• WHEREAS, the Village Council of the Village of North Palm
Beach pursuant to its police power in need of time to make a study
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and to determine the potential health hazards and the aesthetic
affects of such facilities on neighboring properties and the
community as a whole and to minimize health and aesthetic concerns
enacted Ordinance No. 21-96 on May 30, 1996, imposing a six (6)
month moratorium on the issuance of permits for additional wireless
communications facilities including antenna towers within the
municipal limits of the Village; and,
WHEREAS, Ordinance No. 21-96 expires November 30, 1996, and
the Village Council of the Village of North Palm Beach requires
additional time to determine and minimize potential health hazards
and aesthetic concerns, and to establish the zoning district or
• zoning districts in which wireless communications facilities should
be placed and the feasibility of requiring co-location of wireless
communications facilities.
BE IT ORDAINED BY THE VILLAGE COUNCIL OF NORTH PALM BEACH,
FLORIDA:
Section 1. The Village Council of the Village of North
Palm Beach, Florida, makes the following findings of fact:
A. The Village of North Palm Beach is a small
residential community with a limited number of potential sites
which would be acceptable for the installation of wireless
communication facilities.
B. The Village Council has concerns relating to
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potential health hazards and the aesthetic affects of such
facilities on neighboring properties and the community as a whole
and is desirous of and needs additional time to make a study in
order to minimize health and aesthetic concerns.
C. Wireless information received and current technology
establishes that wireless communication facilities can be designed
and installed in ways that will minimize health and aesthetic
concerns.
D. The Village requires additional time to study the
feasibility of requiring co-location of wireless communication
facilities within a limited number of acceptable sites within the
Village and to determine the zoning district or districts in which
wireless communication facilities should be located.
E. Processing applications for wireless communications
facilities at the present time without the information to determine
the need for or the ability to design such facilities to allow for
co-location or nearby siting of additional facilities may result in
the inability to allow adequate sites for competing providers.
Beneficial services may not be able to be provided without careful
allocation of existing sites.
F. The Federal Communications Commission is currently
developing rules regarding the environmental effects of radio
frequency emissions which may impact the placement or configuration
• of wireless communication facilities.
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G. The Village Council does hereby find and declare that
an emergency exists in that the issuance of special use permits for
communication facilities without adequate study of the requirements
of the entire spectrum of wireless providers and without study of
the ability of wireless providers to eliminate or minimize health
and aesthetics concerns is likely to result in adverse effects on
the health and safety of the citizens of the Village of North Palm
Beach.
Section 2. The Village Council of the Village of North
Palm Beach, Florida, does hereby establish and impose a moratorium
• extension of three (3) months expiring February 28, 1997, on the
issuance of new special use permits for wireless communications
facilities inclusive of antenna towers. It is not the intent of
the Village Council to prohibit personal wireless services and the
Village shall process any applications for such services during the
moratorium period.
Section 3 All Ordinances or parts of Ordinances in
conflict herewith are hereby repealed.
Section 4 This Ordinance shall take effect immediately
upon passage.
PLACED ON FIRST READING THIS 24th DAY OF OCTOBER 1996.
PLACED ON PUBLIC HEARING THIS 14th DAY OF NOVEMBER 1996.
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PLACED ON SECOND, FINAL READING AND PASSED THIS 14th DAY OF
NOVEMBER
1996.
c MAYOR
(VILLAGE SEAL)
ATTEST:
• VILLAGE CLERK
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