Loading...
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~~~(~" .' . .:, S 19n.lt~..llE.:ClRl'y~. '.' . "'.' <~:; " .'49.:1 '..,..' ~ ,~;".. Approved {lS_ \ ;~!,..., and legal suftlci~nbV lO,^" r~ Thomas C. Palmer, Assistant County Attorney Item# /0 F Agenda 3.'13 .all. Date .... r ~:d 3 .J.I.\ -0'1 ~~~2~1f0