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Home My WebLink AboutOrdinances - 2017-05 - Repealing and replacing Ordinance No. 2017-03, Adopting moratorium on new wireless communications facilities within City for six months - 2/28/2017City of East Wenatchee, Washington Ordinance No. 2017-05 An Ordinance of the City of East Wenatchee repealing and replacing Ordinance No. 2017-03 and adopting an immediate 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, to be effective 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 que deroga y reemplaza la Ordenanza No. 2017-03 que adopta una moratoria inmediata sobre la aceptaci6n de solicitudes de permisos de uso, permisos de instalaciones de telecom unicaciones inalambricas, permisos de construcci6n y derechos de uso de autorizaciones y franquicias para nuevas instalaciones de comunicaciones inalambricas Dentro de la Ciudad, para ser eficaz por un periodo de seis meses, declarando una emergencia, estableciendo una fecha de audiencia publica, y proveyendo separaci6n. 1. Alternate format. 1.1. Para leer este documento en otro formato (espaiiol, Braille, leer en voz alta, etc.), p6ngase 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, City of East Wenatchee Ordinance 2017-05 Page 1of6 but also limits local governments' authority in certain respects. 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 ("EWM C") 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. 2.6.ln 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 permits applications for construction of wireless communication facilities under the existing EWMC 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. City of East Wenatchee Ordinance 2017-05 Page 2of6 2.13. The City Council adopted Ordinance 2017-03 on January 10, 2017 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. 2.14. There are existing wireless telecommunications facility existing within the City. To permit those facilities to continue with upgrades that are planned or pending which may require a building permit or other approval, the City Council wishes to amend the moratorium to be applicable only to new wireless facilities. 2.15. The City Council finds that it is in the best interests of the City and its citizens to impose 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. 3. Authority. 3.1.RCW 35A.ll.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 possibly 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. 5. Repeal. The City Council hereby repeals Ordinance No. 2017-03. THE CITY COUNCIL OF THE CITY OF EAST WENATCHEE DO ORDAIN AS FOLLOWS: 6. Moratorium. The City Council hereby enacts a 6-month moratorium prohibiting the acceptance of applications for use permits, wireless telecommunications City of East Wenatchee Ordinance 2017-05 Page 3of6 facility permits, building permits, right of way use authorizations and franchises for new wireless communication facilities within the City of East Wenatchee. 7. Public hearing. A duly advertised public hearing shall be conducted by the City Council on March 14, 201 7. 8. Findings of Fact. The City Council adopts as its preliminary findings of fact the recitals set forth above. The Council may adopt additional findings in the event that additional public hearings are held or evidence is presented to the City Council. 9. Duration/Renewal. The moratorium imposed by the Ordinance shall be effect for a period of six months from the date this ordinance is passed and shall automatically expire at the conclusion for that six-month period unless extended as provided for in RCW 35A.63.220 and RCW 36. 70A.390, or unless terminated sooner by the City Council. 10. Severability. If a court of competent jurisdiction declares any provision in this Ordinance to be contrary to law, such declaration shall not affect the validity of the other provisions of this Ordinance. 11. Publication. The City Council directs the City Clerk to publish a summary of this Ordinance. The summary shall consist of the title of this Ordinance. The City Council directs the City Clerk to publish a copy of this Ordinance on the City's website. 12. Effective Date. This Ordinance, as a public emergency ordinance necessary for the protection of the public health, public safety, public property, or public peace, shall take effect and be in full force immediately upon its adoption. The underlying facts necessary to support this emergency declaration are included in the Recitals clauses above. To remain in effect, however, the City Council must hold a public hearing regarding this Ordinance within 60 days. Passed by the City Council of East Wenatchee, at a regular meeting thereof on this 28th day of February, 201 7. The City of East Wenatchee, W ashingt0-n / f, City of East Wenatchee Ordinance 2017-05 Page 4of6 Authenticated: ~~ Dana Barnard, City Clerk Filed with the City Clerk: Passed by the City Council: Published: Effective Date: City of East Wenatchee Ordinance 2017-05 Page 5of6 2/28/201 '1 2/28/201 8 6"l!2o/'1 , 2/28/201{] Summary of Ordinance No. 2017-05 Of the City of East Wenatchee, Washington On the 28th day of February, 2017, the City Council of the City of East Wenatchee, Washington approved Ordinance No. 2017-05, the main point of which may be summarized by its title as follows: An Ordinance of the City of East Wenatchee repealing and replacing Ordinance No. 2017-03 and adopting an immediate 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, to be effective for a period of six months, declaring an emergency, establishing a public hearing date, and providing for severability The full text of this Ordinance is available at www.east-wenatchee.com. Dated this 28th day of February, 2017. Dana Barnard, City Clerk City of East Wenatchee Ordinance 2017-05 Page 6 of 6