Ord 2019-001 PAD - Laserfiche WebLink

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not been updated to reflect the development of current small cell wireless telecommunications technologies, which are now the preferred method for providing wireless telecommunications services. (11) The lack of encroachment and deployment regulations that are specific to the siting of small cell wireless telecommunications facilities in the public right-of-way combined with the Order's regulations to hasten the spread and development of small cell facilities could jeopardize the health and safety of the public by allowing applications for small cell facilities to be submitted which are subject only to regulations from the Order. There would not be sufficient time for the City to develop regulations specific to the siting of small cell wireless telecommunications facilities in the public right-of-way before shot - clock timelines mandated approval of applications. Applications could be approved by law without local authority being properly, appropriately, and within the confines of federal and state laws exercised by the City. This would, in turn, result in wireless telecommunications facilities being constructed and operated without local controls for the life of the facility. (12) The public right-of-way in the City is a uniquely valuable public resource, closely linked with the City's historical and unique community character, as well as its attractiveness for members of the business community and residents alike. The reasonably regulated and orderly deployment of wireless telecommunications facilities in the public right-of- way is desirable, and unregulated or disorderly deployment represents an ever- increasing and true threat to the health, safety, and welfare of the community. (13) The regulation of wireless installations in the public right-of-way is necessary to protect and preserve the aesthetics in the community, as well as the values of properties within the City, and to ensure that all wireless telecommunications facilities are installed using the least intrusive means possible; and WHEREAS, the City Council finds that in light of more recent developments in federal and state law with respect to the regulation of small cell and other wireless telecommunications facilities, there is a need for the City to update its current encroachment regulations to include specific permitting, location authorizations, and standards of work related to the deployment for small cell wireless facilities; and WHEREAS, the City Council also finds that the lack of specifically -designed standards and regulations in the Municipal Code for wireless facilities located in the public right-of-way, the increasing requests for information about the City's regulation of wireless telecommunications facilities, the inability to adopt a temporary moratorium, and the potential liabilities and negative consequences for noncompliance with state and federal regulations (including, without limitation, automatic approvals) present current and immediate threats to the public health, safety, and welfare. The City Council fiirther finds and declares that the immediate implementation of this Ordinance is necessary to preserve and protect public health, safety and welfare; and ORDINANCE NO. 2019-001 3