AG 2004 01 26 - Laserfiche WebLink

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RESOLUTION NO. 2004-____ A RESOLUTION ADOPTING AN INTERIM APPLICATION PROCESS FOR WIRELESS TELECOMMUNICATIONS FACILITIES IN LIEU OF MORATORIUM THE BEST OF BOTH WORLDS - EVERYONE WINS WHEREAS, by the enactment of the Telecommunications Act of 1996, there is anticipated continued substantial growth in the erection of wireless telecommunications famhties; and WHEREAS, there has been discussion concerning the construction and impact of such facilities within the County of Cabarrus; and WHEREAS, there are significant shortcomings with respect to the County's current regulatory mechanism regarding wireless facilities, especially as regards the impact of the facilities on the community and controlling and minimizing such impact and assuring the safety of towers and wireless facilities; and WHEREAS, the County wishes to implement, revise or replace an ordinance to more effectively protect the health, safety and welfare of the community, and to remove or change certain sections pursuant to recent case law to assure the orderly development of wireless technology in the community, including but not limited to the development of procedures governing the filing of an application, for reviewing and analyzing an application, and for granting a penmt to construct, modify and use wireless telecommunications facilities or other tall structures for the purpose of providing wireless communications services; and WHEREAS, a reasonable tune for the County to complete its aforementioned review, and for the City/County/Tom to enact any required legislation resulting therefrom is deemed to be ninety (90) days from the date such local law enacting said Interim Application Process is adopted; and WHEREAS, the County has no pending formal applications for wireless telecommunications facihties that it has formally accepted; and WHEREAS, this Interim Application Process is not meant to be prohibitive or exclusionary in nature, during the pendancy of the adoption of the new/revised/updated regulations, applic~ations for a building permit, special use permit or site plan approval, or use variance or other necessary County approval for a monopole, lattice tower or other telecommunications antennae installations, including, but not limited to cellular/PCS antennae installations, shall be accepted and processed by the County. However, in accepting an application during the period of this Interim Application Process any application must be accompanied by payment of $8,500.00 for consulting costs to assist the County in evaluating the application, and further, if a permit is issued it will be issued pursuant to any changes in the City/County/Tom Code and that any nnexpended balance of the deposit shall promptly returned at the conclusion of the application process. BE IT ENACTED by the County of as follows: Section 1. A three (3) month Interim Application Process, effective upon the date of adoption of this local ordinance There is hereby enacted a ninety (90) day Interim Application Process for the issuance of permits by the County of Cabarrus on applications for the construction of wireless telecommunications towers, facilities and related facilities. Section 2. Effective Date: This local law shall take effect immediately upon passage Adopted this the ~ day of January 2004. Clerk to the Board Chairman, Board of Commissioners © Copyright 2003 by The Center for Municipal Solutions - All Rights Reserved