656 Moritorium Telecommunication FacilityCITY OF YELM
ORDINANCE NO. 656
AN ORDINANCE OF THE CITY OF YELM, WASHINGTON, ADOPTING
FINDINGS OF FACT IN SUPPORT OF AN IMMEDIATE MORATORIUM ON
THE ACCEPTANCE OF APPLICATIONS FOR AND ISSUANCE OF ANY
PERMIT OR APPROVAL CURRENTLY REQUIRED FOR
TELECOMMUNICATIONS FACILITIES, TO BE EFFECTIVE FOR A PERIOD
OF 4 MONTHS, DIRECTING DEVELOPMENT OF A COMPREHENSIVE
TELECOMMUNICATIONS ORDINANCE, ENCOURAGING REGISTRATION
OF TELECOMMUNICATIONS COMPANIES WHO WISH TO PARTICIPATE
IN THE DEVELOPMENT OF SUCH ORDINANCE, AND DECLARING AN
EMERGENCY.,
WHEREAS, the City Council finds that enactment of this ordinance constitutes an emergency, due
to the rapidly changing telecommunications industry and the fact that the current city code and regulations
do not adequately address the potential environmental, scientific, economic, infrastructure, aesthetic, and
health impacts associated with the type, number and siting of telecommunication facilities and equipment
located and likely to be proposed for location within the City of Yelm; and
WHEREAS, this emergency is further supported by the unnecessary burden now placed on the
telecommunications industry as various companies attempt to process applications under a structure that is
ill- suited to review the technological issues involved in such applications; and
WHEREAS, a moratorium on the issuance of permits for telecommunications facilities and
equipment is necessary to enable the City Council to formulate a comprehensive permitting process which
addresses impacts, mitigation requirements, corridors for preferred siting, and promotes competition to
protect and benefit the public interest; and
WHEREAS, in accordance with RCW 35A.63.22 and RCW 36.70A.390, the City of Yelm City
Council held a public hearing; and
WHEREAS, notice of the public hearing was given to the public in accordance with law, and a
public hearing was held February 24, 1999, and all persons wishing to be heard were heard;
WHEREAS, the potential adverse impacts on the public health, property, safety and welfare of the
City, as discussed above, justify the declaration of an emergency; now therefore,
THE CITY COUNCIL OF THE CITY OF YELM, WASHINGTON, DOES ORDAIN AS
FOLLOWS:
Section 1. Declaration of Moratorium. A moratorium is hereby declared on the acceptance of
applications for and the issuance of any permit or approval currently required to construct, install, repair,
remove, relocate, or perform any other work on telecommunications equipment and facilities within the
City of Yelm. This moratorium includes, but is not limited to, conditional use permits, right -of -way use
permits, franchise agreements, building permits and variances.
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Section 2. Adopting Findings of Fact. The Yelm City Council adopts the following Findings of
Fact in support of the moratorium.
Consistent with direction from the City Council, staff will develop a work plan which
provides for the development of a comprehensive telecommunications ordinance at some
point prior to the expiration of the moratorium.
The work plan ensures that the public will have an adequate opportunity to participate in the
development of a comprehensive telecommunications ordinance.
3. City staff will implement a registration process for telecommunications companies which will
provide registrants a meaningful opportunity to participate in developing the City's
comprehensive telecommunications ordinance.
4. The City's Interim Comprehensive Plan, zoning, and development codes were created prior to
and without consideration of the Federal Telecommunications Act of 1996.
The moratorium will afford the City with an opportunity to thoughtfully evaluate policies
related to its role as a telecommunications regulator, facilitator, and possibly a service
provider, which will promote the publics many interests and ensure a competitive market in
our community.
6. The moratorium will allow the city to identify and revise any codes or regulations which have
the effect of discouraging competition, which is in direct contravention of the
Telecommunications Act.
7. Placement, design and general aesthetics associated with various telecommunications
equipment must be properly planned to avoid a reduction in values for properties located near
telecommunications equipment and facilities.
8. Public Works Department codes and policies, including fee schedules and right -of -way
regulations, were Created prior to and without consideration of impacts that might flow from
the Federal Telecommunications Act.
Increased demand to perform work on, under, or above City streets and rights -of -way is likely
to occur as the telecommunications industry expands its services and facilities in the City of
Yelm.
10. Finance Department forecasts, especially City revenue projections, do not reflect the impacts
that might result from rapid changes that could occur based on the Telecommunications Act.
11. The moratorium is necessary to afford the City adequate time to update, review and develop
policies, codes and regulations to reflect changes mandated, and likely to flow from, the
Federal Telecommunications Act.
12. The public health, safety, property, and general welfare would be adversely affected without
well- conceived telecommunications policies and regulations.
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13. The moratorium will protect current property values from negative impacts that could occur
prior to adoption of a comprehensive telecommunications ordinance.
14. The moratorium provides the City with the time necessary to establish appropriate standards
0
and conditions for siting and developing telecommunications facilities or equipment in the
City of Yelm.
15. The moratorium will afford city staff an opportunity to thoughtfully consider the following
subjects in preparing the City's Comprehensive Telecommunications Ordinance:
a. Mapping current and potential telecommunications facilities and equipment;
b. Registration requirements;
c. Revenue impacts;
d. New or different permit and/or approval processes for different
telecommunication facilities and site conditions;
e. Occupancy charges /fees for siting in public areas;
f. Identifying preferred corridors in which to locate various types of
equipment;
g. Inspection requirements, costs;
h. Right -of -way use restrictions, notice requirements;
i. City -wide telecommunication infrastructure needs;
j. Under - grounding requirements;
k. Accelerated deterioration of public property and rights -of -way likely to be caused
by increased use;
1. Relocations necessary to serve a public purpose;
m. Reasonable notice and response requirements;
n. Insurande and bonding requirements;
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o. Removal /repair guidelines;
p. Nuisance and abatement procedures for obsolete, unused or abandoned
equipment;
q. Aesthetic concerns, use of stealth technology;
r. Co- location issues;
s. Promoting competition amongst providers;
t. Latecomers issues for companies entering the market; and
u. Regulations in other jurisdictions, particularly neighboring cities.
16. Applications and approvals for telecommunications equipment and facilities that might occur
before the City has an opportunity to adopt its Comprehensive Telecommunications
Ordinance would be harmful to the public's interests.
17. Washington's permissive vested rights doctrine, which allows land use applicants to vest
under land use regulations which are in effect early in an application process, could enable
applicants for telecommunications facilities to vest under the City's current, inadequate
regulations while the City is in the process of developing a Comprehensive
Telecommunications Ordinance, thereby undermining effective city planning for these
facilities.
18. The moratorium on accepting as well as processing applications for telecommunications
equipment and facilities is necessary to protect the public health, safety, property and general
welfare because the City needs adequate time to study and formulate policies and regulations
related to the topics discussed in the Findings provided above.
Section 3. Restrictions on Rights -of -Way. During the moratorium, no person may construct,
install, repair, remove, relocate, or perform any other work on telecommunications equipment or any part
thereof that is located in, over or under any public right -of -way located within the City of Yelm, without
the prior approval of the City Council, provided, however, that such work associated with existing
telecommunications equipment and facilities that are located in public rights -of -way and owned by
holders of existing franchises granted by the City of Yelm, or those exempt from the City's franchising
authority, may be performed if such work is deemed necessary and in the public interest as determined and
subject to conditions imposed by the Public Works Director.
Section 4. Exemptions. This moratorium specifically exempts any radio transmission or
receiving antenna or telecommunications device preempted from regulation by the Federal
Communications Commission (the FCC) under PRB -1 or any other federal or state statute or regulation
and shall be interpreted to exempt federally - regulated facilities preempted from local regulation.
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Section 5. Duration. This moratorium shall be in effect for 4 months following the effective date
of this ordinance.
Section 6. Direction to Develop Comprehensive Telecommunications Ordinance. The City
Council hereby directs the City Administrator to develop a comprehensive telecommunications ordinance
which shall be presented to the City Council at the earliest possible date. The City Administrator is
encouraged to seek input from appropriate city staff, industry representatives, and interested members
from the general public. Through this ordinance, the City Council declares its intent to adopt a
comprehensive telecommunications permitting process at some point prior to the expiration of this
moratorium.
Section 7. Subjects for Consideration. Without limitation, the City Administrator is directed to
consider the following subjects in preparing the City's comprehensive telecommunications ordinance:
mandates contained in the Federal Telecommunications Act of 1996; mapping current and potential
telecommunications facilities and equipment; registration requirements; revenue impacts; new or different
permit and/or approval processes for different telecommunication facilities and site conditions; occupancy
charges /fees for siting in public areas; identifying preferred corridors in which to locate various types of
equipment; inspection requirements; costs; right -of -way use restrictions; notice requirements; city-wide
telecommunication infrastructure needs; under - grounding requirements; accelerated deterioration of
public property and rights -of -way likely to be caused by increased use; relocations necessary to serve a
public purpose; reasonable notice and response requirements; insurance and bonding requirements;
removal/repair guidelines; nuisance and abatement procedures for obsolete; unused or abandoned
equipment; aesthetic concern; use of stealth technology; co- location issues; promoting competition
amongst providers; latecomer issues for companies entering the market; and similar regulations in other
jurisdictions, particularly neighboring cities.
Section 8. Registration of Telecommunications Companies. To provide a meaningful opportunity
for regulated parties to participate in developing a comprehensive telecommunications permitting process
for the City, any and all telecommunications companies or other parties which now provide, or at some
point intend to provide, telecommunications service for a fee directly to a person, either within the City of
Yelm, or outside the City from a telecommunications facility within the City, are encouraged to register
with the City as provided below on forms to be provided by the City Clerk. Companies and parries that
are encouraged to register with the City include, without limitation, those that provide, or at some point
intend to provide, analog, coaxial cable, digital, fiber optic, Internet, open video system (OVS), personal
communication (PCS), and/or wireless communication technology services within or from within the City
of Yelm.
The telecommunications registration form shall include the following:
1. The identity and legal status of the registrant, including and affiliates;
2. The name, address and telephone number of the officer, agent or employee
responsible for the accuracy of the registration statement and the designated contact
for City notices, if different;
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3. Locations or planned locations of telecommunications equipment or facilities within one
thousand feet (1,000) of the City boundary or planning area;
4. A description of the registrants existing or proposed telecommunications facility(ies)
or equipment within the City, including a description of the type, size, and number of
telecommunications facilities or equipment the registrant anticipates locating within
the City;
5. A description of the telecommunications services that the registrant offers or provides or
intends to offer or provide to persons, firms, businesses or institutions within the City;
6. A description of the telecommunications services that the registrant offers or provides or
intends to offer or provide from facilities or equipment located within the City to persons,
firms, businesses or institutions outside the City;
7. Graphics and technical information demonstrating the need for such facilities at specific
locations to provide minimum service levels provided for under the 1996 Federal
Telecommunications Act;
8. Copies of any necessary licensing, certification, or approvals from federal and state regulatory
bodies, including the FCC and the Washington Utilities and Transportation Commission; and
9. Such other information as the City Clerk may reasonably require.
Section 9. Registration Fee. Each registration of a telecommunications company or provider shall
be accompanied by a fee of $25.00. The purpose of the registration fee is to provide the City with accurate
and current information concerning present and future providers of telecommunications services within
and from within the City as well as present any future telecommunications facilities and equipment within
the City. In return for the fee, registrants shall be provided with written notices of public meetings
conducted to develop or update City codes and regulations regarding telecommunications services,
facilities and equipment. Summaries of materials to be considered in such public meetings will also be
made available to registrants.
Section 10. Emergency Declared -- Immediate Effect. For the reasons set forth above, and to
promote the objectives stated herein, the City Council finds that a public emergency exists, necessitating
that this ordinance take effect immediately upon its passage by a majority plus one of the whole
membership of the Council in order to protect the public health, safety, property and general welfare.
Section 11. Severability - Construction.
1. If a section, subsection, paragraph, sentence, clause, or phrase of this ordinance is declared
unconstitutional or invalid for any reason by any court of competent jurisdiction, such
decision shall not affect the validity of the remaining portions of this ordinance.
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2. If the provisions of this ordinance are found to be inconsistent with other provisions of the
City of Yelm Municipal Code, this ordinance is deemed to control.
PASSED BY THE CITY COUNCIL ON FEBRUARY 24, 1999.
T
Martha M. Parsons, Mayor Pro -Tern
ATTEST:
/)(- A ,-
A es Bennick, City Clerk
APPROVED AS TO FORM:
Alexander Mackie, City Attorney
Passed and Approved: February 24, 1999
Published: Nisqually Valley News, March 5, 1999
Effective Date: February 24, 1999
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