2015-21 Moratorium on Installation of Wireless Communications FacilitiesORDINANCE NO. 2015-21
AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF
NORTH PALM BEACH, FLORIDA, IMPOSING A MORATORIUM ON THE
ACCEPTANCE OF NEW APPLICATIONS AND ON THE ISSUANCE OF
PERMITS OR APPROVALS FOR PENDING APPLICATIONS FOR THE
INSTALLATION OF NEW WIRELESS COMMUNICATIONS FACILITIES
WITHIN VILLAGE RIGHTS -OF -WAY AND ON ANY PROPERTY WITHIN
OR ADJOINING A RESIDENTIAL ZONING DISTRICT FOR A PERIOD
OF SIX MONTHS; PROVIDING FOR A DEFINITION; PROVIDING
FOR EXCEPTIONS; PROVIDING FOR CONFLICTS; PROVIDING FOR
SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the telecommunications industry is regulated by both federal and state laws,
which provide for the adoption of reasonable rules that allow local governments to regulate the
placement of wireless communications facilities and other telecommunications facilities within
rights -of -way and other properties within their jurisdictions; and
WHEREAS, the Village has received inquiries regarding the placement of wireless
communications facilities within rights -of -way within the Village, including rights -of -way in
residential districts, and is aware of such applications pending in other jurisdictions; and
WHEREAS, the Village Code does not currently address new technological advances in
wireless communications facilities, such as micro -cell towers and distributed antennas systems,
and makes no distinction between rights -of -way located in residential areas and rights -of -way
located in commercial or industrial areas; and
WHEREAS, Village Administration wishes an opportunity to review and revise, as necessary,
the Village's existing regulations to address these technological advances and protect the health, safety
and welfare of Village residents, as well as the aesthetics of the Village's residential areas; and
WHEREAS, the Village Council determines that a six month moratorium on the acceptance
of new applications and the issuance of permits or approvals for pending applications for the
installation of wireless communications facilities is necessary in order to maintain the status quo.
NOW, THEREFORE, BE IT ORDAINED BY THE VILLAGE COUNCIL OF THE VILLAGE
OF NORTH PALM BEACH, FLORIDA as follows:
Section 1. The foregoing recitals are ratified as true and correct and are incorporated herein.
Section 2. The Village Council hereby imposes a moratorium on the acceptance of new
applications and the issuance of permits and approvals for pending applications for the installation
of new "wireless communications facilities" within any rights -of -way in the Village and on any
property within or adjoining any residential zoning district. For the purposes of this ordinance,
the term "wireless communications facility" shall mean any equipment or facility used to provide
wireless communications services and may include, but is not limited to, antennas, towers,
equipment enclosures, cabling, antenna brackets, and other such equipment.
Page 1 of 2
Section 3. During the term of this moratorium, Village Administration shall review the
Village's existing communications facilities registration, permitting and installation ordinances
to determine what revisions are necessary, to the extent permitted by law, to protect the residents
of the Village from any adverse impacts associated with the installation of wireless communications
facilities in residential rights -of -way and to ensure that the Village Code provides for a thorough
and efficient application process for applicants.
Section 4. During the term of this moratorium, except as stated below, it shall be unlawful
for any person or entity to install new wireless communications facilities within any rights -of -way
in the Village or on any property within or adjoining any residential zoning district in the Village.
Nothing contained herein shall be construed to apply to communications facilities other than
wireless communications facilities as defined herein or to prevent or prohibit the acceptance and
processing of applications, or the issuance of permits for: (1) the maintenance, repair or removal
of any telecommunications facility installed or existing prior to the adoption of the moratorium;
(2) the co- location of new antennas or related equipment on existing towers; and (3) the expansion
of existing wire line communications facilities that do not provide wireless communications services.
Section 5. This moratorium shall remain in full force and effect for a period of six (6)
months from the date of adoption. The moratorium shall automatically expire at the conclusion
of the six (6) month period unless extended by the Village Council by ordinance. Violations of
this moratorium may be remedied through any legal or equitable means available to the Village.
Section 6. All ordinances or parts of ordinances and resolutions or parts of resolutions in
conflict herewith are hereby repealed to the extent of such conflict.
Section 7. If any section, paragraph, sentence, clause, phrase or word of this Ordinance is for
any reason held by a court of competent jurisdiction to be unconstitutional, inoperative or void,
such holding shall not affect the remainder of this Ordinance.
Section 8. This Ordinance shall take effect immediately upon adoption.
PLACED ON FIRST READING THIS 12TH DAY OF NOVEMBER, 2015.
PLACED ON SECOND, FINAL READING AND PASSE 10TH DAY OF DECEMBER, 2015.
(Village Seal) k&,1'
MAYO
ATTEST:
74 G, CLE
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY:
VILLAGE ATTORNEY
Page 2 of 2