HomeMy WebLinkAboutOrdinances - 2018-04 - Extending moratorium on the acceptance of permits, authorizations and franchises for new wireless communication facilities - 2/27/2018City of East Wenatchee
Ordinance 2018-04
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City of East Wenatchee, Washington
Ordinance No. 2018-04
An Ordinance of the City of East Wenatchee extending the moratorium
on the acceptance of applications for use permits, wireless
telecommunications facility permits, building permits, right of way use
authorizations and franchises for new wireless communication facilities
within the City, for a period of six months, declaring an emergency,
establishing a public hearing date, and providing for severability.
Una ordenanza de la ciudad de East Wenatchee extendiendo la
moratoria sobre la aceptación de solicitudes de permisos de uso,
permisos de instalaciones de telecomunicaciones inalámbricas, permisos
de construcción, autorizaciones de uso de vías y franquicias para nuevas
instalaciones de comunicación inalámbrica dentro de la Ciudad, por un
período de seis meses, declarando una emergencia, estableciendo una
fecha de audiencia pública, y estableciendo la separabilidad.
1. Alternate format.
1.1. Para leer este documento en otro formato (español, Braille, leer en voz alta,
etc.), póngase en contacto con el vendedor de la ciudad al
alternatformat@east-wenatchee.com, al (509) 884-9515 o al 711 (TTY).
1.2. To read this document in an alternate format (Spanish, Braille, read aloud,
etc.), please contact the City Clerk at alternateformat@east-wenatchee.com,
at (509) 884-9515, or at 711 (TTY).
2. Recitals.
2.1. The City of East Wenatchee (“City”) is a non-charter code city, duly
incorporated and operating under the laws of the State of Washington.
2.2. The Telecommunications Act of 1996 (Public Law No. 104-104, 110 Stat. 56,
31-136 (the "Act"), was designed to remove regulatory barriers and
encourage competition among all types of communications companies.
2.3. The Act ratified the authority of local government to regulate the
construction and modification of wireless communications service facilities,
but also limits local governments' authority in certain respects.
City of East Wenatchee
Ordinance 2018-04
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2.4. The City, on November 12, 2002 through the adoption of Ordinance No.
2002-22, added Chapter 17.70 of the East Wenatchee Municipal Code
(“EWMC”) establishing zoning standards applicable to wireless
communication facilities.
2.5. The City, on January 12, 2010, through the adoption of Ordinance No. 2010-
03, amended certain sections of chapter 17.70 East Wenatchee Municipal
Code (EWMC).
2.6. In 2012, Congress passed the “Middle Class Tax Relief and Job Creation Act
of 2012” (the “Spectrum Act”) (Public Law No. 112-96; codified at 47 U.S.C. §
1455(a)), which in part, amended the Act.
2.7. Recent changes to federal laws, regulations and court cases related to
wireless communication services as well as technological developments and
changes in consumer demand and usage have reshaped the wireless industry
and increased the demand for and complexity of siting wireless facilities
within the City.
2.8. A comprehensive review of City’s telecommunications standards has not
occurred since 2002. The City Council has determined that the EWMC
currently lacks adequate provisions to regulate wireless communication
facilities within the City in compliance with current federal laws and
technologies.
2.9. The City needs to review its codes and ordinances related to wireless
communications facilities and right of way use permits in a comprehensive
manner to determine if amendments are necessary to more adequately
address the siting and permitting process for such facilities.
2.10. The City Council finds that the vesting of permit applications for
construction of wireless communication facilities under the existing EWMC
provisions would be detrimental to public health, safety and welfare.
2.11. Washington State’s vested rights doctrine, which allows certain land use
applications to vest to land use regulations which are in effect on the date of
complete application, could allow application for wireless communications
facilities to vest under inadequate regulations while the City studies the
changes that may be needed in those regulations, thereby undermining
effective City planning for those facilities and constituting an emergency.
2.12. In accordance with WAC 197-11-880, the adoption of this ordinance is
exempt from the requirements of a threshold determination under the State
Environmental Policy Act.
2.13. The City Council adopted Ordinance 2017-05 on February 28, 2017
City of East Wenatchee
Ordinance 2018-04
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establishing a moratorium for a period of 6 months prohibiting the
acceptance of applications for use permits, wireless telecommunications
facility permits, building permits, right of way use authorizations and
franchises for new wireless communication facilities within the City to
provide more time to investigate this issue further to evaluate the best
alternatives for the community. By Ordinance 2017-16, the Council extended
the moratorium to March 12, 2018.
2.14. The Planning Commission has held three workshops and has prepared a
draft Wireless Communication Facility code as an amendment to the East
Wenatchee Municipal Code. However, the Planning Commission has not
completed their work and needs additional time to process and review draft
amendments.
2.15. The City Council finds that it is in the best interests of the City and its
citizens to extend the moratorium for a period of 6 months prohibiting the
acceptance of applications for use permits, wireless telecommunications
facility permits, building permits, right of way use authorizations and
franchises for new wireless communication facilities within the City to
provide more time to investigate this issue further to evaluate the best
alternatives for the community.
3. Authority.
3.1. RCW 35A.11.020 and RCW 35A.12.190 authorize the City Council to adopt
ordinances of all kinds to regulate its municipal affairs and appropriate to
the good government of the City.
3.2. RCW 35A.63.220 and RCW 36.70A.390, authorize the City Council to
establish a moratorium.
4. Purpose. The purpose of the moratorium is to allow the City adequate time to
comprehensively review and amend its regulations relating to the siting of
wireless communications facilities in a manner that addresses the
Telecommunications Act of 1996, the Spectrum Act, other recently adopted FCC
rules, changes in technology, local concerns and efforts to provide the public with
access to wireless services for its safety, convenience and productivity.
THE CITY COUNCIL OF THE CITY OF EAST WENATCHEE DO ORDAIN AS
FOLLOWS:
5. Moratorium. The City Council hereby extends the moratorium prohibiting the
acceptance of applications for use permits, wireless telecommunications facility
permits, building permits, right of way use authorizations and franchises for