Res 97-250
RESOLUTION NO. 97-250
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
FEDERAL WAY, WASHINGTON, IMPOSING A MORATORIUM ON
THE ACCEPTANCE AND ISSUANCE OF LAND USE, BUILDING
AND DEVELOPMENT PERMITS FOR COMMERCIAL WIRELESS
TELECOMMUNICATIONS FACILITIES.
WHEREAS, the Federal Telecommunications Act of 1996 (the
~Act") was designeq to remove regulatory barriers and encourage
competition among all types of communications; and
WHEREAS,
the
Act
ratifies
the
authority
of
local
government to regulate telecommunications and carriers, but also
limits local governments' authority in certain respects; and
WHEREAS,
the Act
allows
the
Federal
Communications
Commission(~FCC") to preempt any local governmental regulation
which prohibits, or has the effect of prohibiting the ability of
any
entity
to
provide
any
interstate
of
intrastate
telecommunications services; and
WHEREAS, it appears that the City could,
in the near
future, receive a large number of applications to install various
wireless telecommunications facilities,
such as television and
radio transmission towers and monopoles, towers, satellite dishes,
micro dishes, communication node cabinets, above-ground pedestal
cabinets,
antennas
and relay station
facili ties
for personal
Res. No. 97-250, Page 1
(C(Q)~Y
pagers, cellular phones, personal communications services (PCS) ,
and enhanced specialized mobile radio (ESWR) facilities; and
WHEREAS, the Federal Way City Code
("FWCC") does not
adequately address the various impacts to public health and safety
and to aesthetics that these facilities present; and'
WHEREAS, the City of Federal Way values the existence of
this new technology within its corporate boundaries and wants to
support the presence of these businesses within the City, but
believes that its citizei'ls and these businesses would be best
served if these facilities were designed and located so as to serve
each business' needs while at the same time addressing health,
safety and/or aesthetic concerns; and
WHEREAS, the citizens of Federal Way would be well served
if city staff more fully addressed and understood the potential
health and safety hazards and potential aesthetic impacts of these
facilities on neighboring properties and on the community as a
whole; and
WHEREAS,
Federal Way Comprehensive Plan Policy PUP17
states that the City "should require that site-specific utility
facilities such as antennae and sub-stations are reasonably and
appropriately sited and screened to mitigate adverse aesthetic
impacts; and
WHEREAS,
Federal Way Comprehensive Plan Policy PUP19
directs the City to "modify the zoning regulations to address the
siting,
screening,
and design standards
for wireless/cellular
Res. No. 97-250, Page 2
facilities, substations, and antennae facilities in such a manner
as to allow for reasonable and predictable review while minimizing
potential land use and visual impacts on adjacent property"; and
WHEREAS,
the
City
needs
to
review
its
codes
and
ordinances in a comprehensive fashion to determine whether its
existing regulations are consistent with the Act, to study issues
relating to design, siting, and co-location of these facilities and
to adopt new regulations; and
WHEREAS,
RCW
35A.63.220
and RCW
36.70.390
authorize
cities to adopt moratoria provided a public hearing is held within
sixty (60) days of adoption; and
WHEREAS, the City should impose a moratorium barring the
acceptance of all applications, including building permits, land
use
permits,
or
other
permits
under
the
FWCC,
for
wireless
telecommunications facilities, until the necessary code revisions
are complete and have been adopted by the Federal Way City Council;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY HEREBY
RESOLVES AS FOLLOWS:
Section 1.
Moratorium.
The Federal Way City Council
hereby declares a moratorium upon the acceptance of applications
for and the issuance of any permit or approval currently required
to construct, install, relocate, or perform any other work on any
telecommunications equipment or
facili ties wi thin the City of
Federal Way.
This moratorium includes, but is not limited to, land
use permits, building permits and variances.
Res. No. 97-250, Page 3
Section 2.
Franchises.
During the moratorium, no person
may construct, install, 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 Federal Way, without the prior approval of the Cïty Council;
provided,
however,
that
work
associated
with
existing
telecommunications
equipment and facilities
located in public
rights-of-way and owned by holders of existing franchises granted
by the City of Federal Way'may be performed,
subject to the terms
of the franchise agreement.
Section 3.
ExemDtions.
This moratorium shall not apply
to the following:
A.
Noncommercial
Facili ties.
Personal
wireless
telecommunications
facilities
used primarily
for
residential,
noncommercial purposes,
including without limitation,
shortwave
radio facilities and residential television satellite systems;
B.
Public Safetv and Emeraencv Facilities. Construction,
installation and operation of public safety and emergency (e.g.,
"911" and 800 MHZ) wireless telecommunications facilities;
C.
Existina
Facilities
Collocation.
Construction,
installation, location or operation of wireless telecommunication
facilities on existing towers, buildings or structures, but only
when:
(1) as of the date of this moratorium, the existing tower,
building or structure
contains at least one other such wireless
telecommunication facility;
and
(2)
the proposed new wireless
Res. No. 97-250, Page 4
telecommunication
facility and the
structure
on which
it
is
proposed to be located comply with all applicable requirements of
the FWCC
(including those pertaining to height and screening)
wi thout the need for a variance or exception under FWCC 22-
1047(2) (b); PROVIDED, that subject to the other requirements of the
FWCC, subsections (1) and (2) above do not apply to a proposed new
omnidirectional or ~whip" antenna not more than 12 feet high and 6
inches in diameter or to a new telecommunications facility proposed
to be located on a BPA tower existing as of the date of this
resolution; and
D.
Preemption.
Construction,
installation,
location or
operation of any wireless telecommunications facility that a court
of competent jurisdiction or the FCC determines is exempt from
local
regulation
by
virtue
of
preemption
by
the
Federal
Telecommunications Act of 1996 or any other federal or state
statute or regulation.
Section 4.
Duration.
This moratorium shall be in
effect
for
120
days
following
the
effective
date
of
this
resolution.
Section 5.
Public Hearing.
Pursuant to RCW 36.70A.390,
the City Council shall hold a public hearing on this moratorium
within
sixty
(60)
days
of
its
adoption,
on
July
1,
1997.
Immediately after the public hearing, the City Council shall adopt
findings of fact on the subject of this moratorium, and either
justify its continued imposition or cancel the moratorium.
Res. No. 97-250, Page 5
Section 6.
Staff Di rection.
City staff and the
Planning Commission are directed to work with telecommunications
providers, local businesses, and City residents to determine the
impacts
and
appropriate
use
and
location
of
these
telecommunications facilities and to draft appropriate'legislation
and code amendments.
Specifically, the 1997 Planning Commission
work program is hereby amended,
such that review of proposed
legislation
and
code
amendments
concerning
wireless
telecommunications facilities shall be the highest priority item
for 1997.
Section 7
Recitals IncorDorated.
The recitals set
forth on pages 1-3 of this Resolution are incorporated as if fully
set forth herein and shall serve as Findings of Fact.
Section 8.
Severahilitv.
If any section,
sentence,
clause or phrase of this resolution should be held to be invalid or
unconstitutional
by
a
court
of
competent
jurisdiction,
such
invalidity or unconstitutionality shall not affect the validity or
constitutionality of any other section, sentence, clause or phrase
of this resolution.
Section 9.
Ratification.
Any act consistent with the
authority and prior to the effective date of the resolution is
hereby ratified and affirmed.
Res. No. 97-250, Page 6
Section lO.
E:!'f'e~tiv~ Date.
This resolution shall be
effective imme~iately upon p~sage by the Federal Way City Council.
RESOLVED BY THE CITY COUNCIL OF THE CITY OF FEDERAL WAY,
WASHINGTON, this 5th day of :May, 1997.
CITY OF FEDERAL WAY
.~~~
! OR, HAHLON S. PIUEST
APPROVE:]) AS TO FORM:
~>~ ;-. ~
¿::::::::~- , L NDI ~. LLNDEd
FILED WITH THE CIn CLERK: !
PASSED BY THE crn COUNCIL:
RESOLUTION NO. 97-250 .
May 5, 1997
May 5, 1997
Ie'. \o£SO\n:tI:C<HLKOIt
Res. No. 97-250, Paqe 7