Resolution 2004-094
RESOLUTION NO. 2004-2..L-
A RESOLUTION OF THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA,
OPPOSING ENACTMENT INTO LAW PROPOSED FLORIDA
HOUSE BILL 1495 AND FLORIDA SENATE BILL 2774
RELATING TO UNWARRANTED AND UNJUSTIFIED
ELIMINATION OF LOCAL GOVERNMENT REGULATION OF
WIRELESS COMMUNICATIONS FACILITIES, APPARENTLY
INCLUDING SUCH FACILITIES THAT DO NOT EVEN
FACILITATE 911 SERVICES ORE911 SERVICES.
lOF
WHEREAS, proposed Florida House Bill 1495 and proposed Senate Bill 2774
provide that then existing towers (defined as "any structure designed primarily to support
wireless antennas"), including such nonconforming towers, may be increased in height "a
reasonable amount to allow for [additional] collocation" either through extension of the
height of such tower or by replacement of such tower, and no local government
(including Collier County), when making such height extension or total replacement
decisions, shall not consider compliance with any local government zoning ordinance
or regulation, any local government subdivision ordinance or regulation, any landscaping
ordinance, any tree protection ordinance, any sign ordinance, or any other ordinance or
regulation concerning any aspects of development of land, and the County is actually
prevented from having any public hearing or considering any public input; and
WHEREAS, any antenna that is being collocated on an existing structure (which
includes "towers, buildings, utility structures, light poles, water towers, clock towers, bell
towers steeples, and the like") in a manner that does not increase the height of the exiting
structure or any existing antenna, whichever is higher, and any placement of related
equipment to serve such new antenna are not subject to land development regulations, but
shall be subject only to staff-level building permit review; and
WHEREAS, a local government's regulatory authority over placement,
construction or modification of wireless facilities, including antennas, ~ and
equipment enclosures is to be based solely of a local government's land use and zoning
authority (limited to evaluating relevant land use and zoning issues only) and shall not
even consider a provider's alleged business need for a particular site, quality of service or
network design; therefore, if the applicable zoning allows the facility (including tower)
the local government is bound by the applicantJprovider's assertion that the applied-for
tower must be located at the applicant's selected wireless communications site; and
WHEREAS, setback and distance separation requirements shall apply only to the
towers, and not to guy wires or guy anchors, etc, and such requirements shall be the
minimum necessary to address an identified health, safety, or general welfare issue that is
directly protected by virtue of the setback or distance separation requirement; and
WHEREAS, if aesthetic protections or protections against visual impacts are
used as justification for regulation of placement, construction or modification of wireless
communications facilities, such regulations must be directly related to that aesthetic or
visual impact and shall be the minimum necessary to provide such protection; and
WHEREAS, review of applications for wireless communications facilities by the
County or the County's consultants or experts shall be only what is necessary for the land
use review of the application; and
WHEREAS, the number of days the County has to provide written notification to
the applicant that the application does not comply with the County's minimum filing
requirements is reduced from twenty (20) business days to ten (10) business days; and
lOF
WHEREAS, upon the applicant's submittal of additional information, the County
has only ten (10) days to notify the applicant/provider of any then remaining deficiencies
which must be cured, and any deficiency not so notified in writing is waived; and
WHEREAS, any County moratorium or action or inaction that has the effect of a .
moratorium on placement, construction, or modification of wireless communications
facilities, or the specified expedited review of such applications, whether or not excusive
to wireless facilities, must be adopted in the same manner as a zoning ordinance and shall
not be for a time longer than six (6) months, and
WHEREAS, it appears that the applicant/provider is not even required by the
proposed amendments to assert that the applied-for wireless facilities in fact are planned
to facilitate 911 services or E911 services.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that:
I. The Board of County Commissioners of Collier County, Florida opposes
enactment into law of proposed Florida House Bill 1495 and its similar
counterpart, Florida Senate Bill 2774, because many ofthe proposed
amendments to Section 365.172, Florida Statutes, are not well considered, but
are unjustified and unwarranted amendments, some, but not all of which, are
listed above in the WHEREAS clauses. These proposed amendments do not
properly balance the need for 911 and/or E911 services against the local
governments' interests in regulating land use, or the interests of landowners,
and these proposed Bills are otherwise not in the public interest; therefore the
Board opposes many of these proposed amendments to Section 365.172,
Florida Statutes.
2. The Board of County Commissioners of Collier County, Florida, requests that
its Local Legislative Delegation advocate that the proposed Bills not be
enacted into law unless and until the County's concerns are cured by
amendments to the proposed amendments to Section 365.172, Florida Statute.
THIS RESOLUTION ADOPTED after motion, second and majority vote in
favor of adoption this _ day of , 2004.
ATTEsr~,;:"~'" .i.,:'..........
DW\1~~~~ftERK
By' . ~~.: · ',,:. .'i :.) ': By:
: ::2 De~ty Clerk\ ;,. i
Att&i~~~(~" .' . .:,
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Approved {lS_ \ ;~!,...,
and legal suftlci~nbV
lO,^" r~
Thomas C. Palmer,
Assistant County Attorney
Item# /0 F
Agenda 3.'13 .all.
Date .... r
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