HomeMy WebLinkAbout105 - - IMPOSING A MORATORIUM UNTIL DECEMBER 31, 2017 UPON THE ACCEPTANCE OF APPLICATIONS FOR THE INSTALLATIORDINANCE NO. 105, 2017
OF THE COUNCIL OF THE CITY OF FORT COLLINS
IMPOSING A MORATORIUM UNTIL DECEMBER 31, 2017 UPON THE
ACCEPTANCE OF APPLICATIONS FOR THE INSTALLATION OF,
AND/OR THE ISSUANCE OF RIGHT-OF-WAY PERMITS FOR NEW
ANTENNAS, SMALL CELL FACILITIES, TOWERS AND WIRELESS SERVICE
FACILITIES BY THIRD PARTIES IN CITY RIGHTS-OF-WAY IN ANY'ZONE DISTRICT
WHEREAS, the City has comprehensive regulations regarding the placement of towers,
monopoles, antennae, and "macro"wireless communication equipment and facilities in Divisions
3.8.13, 3.9.9 and Article 4 of the Fort Collins Land Use Code; and
WHEREAS, during the 2017 legislative session, the Colorado General Assembly passed
and the Governor signed into law HB17-1193, which expands access to public rights-of-way and
City-owned infrastructure in the rights-of-way (such as street light poles or traffic signals) for
placement of small cell wireless communication facilities, makes such facilities a use by right in
all zone districts, and limits local government regulation of such placements; and
WHEREAS, notwithstanding the expanded access to municipal rights-of-way and City-
owned infrastructure in such rights-of-way for small cell wireless communication facilities,
HB17-1193 also preserves the local government's right to exercise police powers to regulate the
placement of such facilities, subject to certain limitations; and
WHEREAS, HB17-1193 became effective on July 1, 2017; and
WHEREAS, City departments and property owners have raised concerns that placement
of new wireless communication facilities in public rights-of-way presents a risk to public safety
due to: potential conflicts with existing or planned infrastructure; technical interference with
traffic and public safety systems; incompatibility with existing adjacent uses; unpredictable
impacts to city electric utility system and traffic control system reliability and equipment; and
decreased property values; and
WHEREAS, the City does not currently have a clearly defined process for considering
requests from third parties to install small cell facilities in public rights-of-way under existing
provisions of the City Code and Land Use Code ("LUC") and existing LUC provisions do not
adequately comply with HB17-1193 and, therefore, require review and updating to adequately
address the potential impact of small cell facilities on the orderly and safe design and operation
of public rights-of-way; and
WHEREAS, prior to passage of HB17-1193,'City staff entered into negotiations with
service providers to agree upon and enter into a voluntary license or similar agreement to permit
the installation of small cell facilities within the public rights-of-way and/or on public
infrastructure located therein in a manner that protects the orderly and safe design and operation
of public rights-of-way and infrastructure, known as "master lease or license agreements"
MLAs"); and
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WHEREAS, Council desires to facilitate voluntary negotiations and cooperation with
third-party providers through the mechanism of one or more MLAs approved by Council while it'
considers and adopts a clearly defined process for accepting applications from third .parties to
install small cell facilities in the City's public rights-of-way and/or on the City's public
infrastructure, including appropriate modifications to the City Code and LUC; and
WHEREAS, Council desires, in good faith, to exclude from the moratorium under this
Ordinance any MLA with a third party provider approved by Council; and
WHEREAS,to promote the orderly and safe design and operation of public rights-of-way
and wireless communication infrastructure to serve the community effectively, the City Council
also finds it necessary and reasonable to impose a moratorium upon the acceptance of
applications for and installation of new wireless facilities in public rights-of-way by any third
party and on the issuance of any associated right-of-way permits for the placement of third-party
wireless communication equipment or related structures in public rights-of-way during the
pendency of which moratorium, except for small cell and wireless communications equipment or
related equipment and structures installed under an MLA approved by Council; and
WHEREAS, City staff shall develop and present to the Council for consideration
legislative changes which may include, but need not be limited to: (a) "design standards" for
small cell wireless equipment, attachments, and associated structures in all zone districts; and (b)
appropriate regulations to limit the size, density, and maintenance of small cell and micro
wireless facilities and associated structures by third parties in City rights-of-way; and
WHEREAS, the City's power to impose this limited moratorium is among its home rule
powers granted to it in Article XX of the Colorado Constitution; and
WHEREAS the Council has determined that said moratorium shall continue in effect
through the 3 1" day of December, 2017, or until said design standards and additional regulations
are adopted by the City Council and become effective, whichever shall first occur.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
FORT COLLINS as follows:
Section 1. That the City Council hereby makes and adopts the determinations and
findings contained in the recitals set forth above.
Section 2. That a moratorium is hereby imposed upon the City's acceptance of
applications for and installation of new wireless communication facilities in public rights-of-way
by any third party and on the issuance of any associated right-of-way permits for the placement
of third-party wireless communication equipment or related structures in public rights-of-way,
unless such installation is accomplished under an MLA approved by Council.
Section 3. That the placement of new antennas, wireless service facilities, small cell
facilities, micro wireless facilities or poles or towers in public rights-of-way in the City of Fort
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Collins by any third party is prohibited unless such installation is accomplished under an MLA
approved by Council.
Section 4. That the terms "antenna," "small cell facility," "micro wireless facility",
tower" and "wireless service facility" shall have the same meaning as set forth in HB17-1193,
Section 2.
Section 5. That the City Manager is hereby directed to analyze, during the term of the
moratorium enacted in this Ordinance, the following issues and, in consultation with the City
Attorney, develop for Council consideration such additional design standards and regulations for
wireless communication facilities within public rights-of-way as may be necessary and
appropriate to address said issues:
a.Protection of the City's public infrastructure, including but not limited to public
rights-of-way and publicly-owned structures located therein, to preserve orderly
and safe design and operation of such facilities and structures and the public
health, safety, and welfare;
b.Compatibility of wireless communication architecture with the orderly and safe
design and operation of public rights-of-way and adjacent neighborhoods, in
terms of mass, bulk, scale, height, and character;
C.Size, dimension, weight, spacing, and placement height for wireless
communication equipment;
d. Visual and access impact for the traveling public and property owners along City
rights-of-way;
e.Prioritization of attachment to structures and available methods and locations for
new wireless communication equipment in public rights-of-way;
f.Impact on privacy of new wireless communications equipment along residential
rights-of-way; and
g. Other impacts on the orderly and safe design and operation of public righst-of-
way and publicly-owned structures located therein.
Section 6. That this moratorium shall not apply to the issuance of permits for or
installation of improvements and equipment for small cell facilities and other wireless
telecommunication equipment:
a.to be located outside of the City's public rights-of-way, which shall continue to be
subject to the existing provisions of the City Code and LUC;
b. authorized by approved development plans (and associated permits) that
constitute a vested property right under Colorado law;
C.installed in the public rights-of-way by or on behalf of the City for its own use; or
d. that is accomplished under an MLA approved by Council.
Section 7. That this Ordinance is necessary to protect the public health, safety, and
welfare of the residents of the City, and covers matters of local and municipal concern.
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Section 8. That the moratorium established in Sections 2 and 3 of this Ordinance
shall be effective as of the effective date of this Ordinance and remain in effect through
December 31, 2017, or until said design standards are adopted by the City Council and become
effective, whichever shall first occur; and
Section 9. That any violation of the prohibitions in Section 3 of this Ordinance
during the term set forth in Section 8 shall constitute a misdemeanor criminal offense punishable
as provided in Section 1-15 of the Code of the City of Fort Collins.
Introduced, considered favorably on first reading, and ordered published this 22nd day of
August, A.D. 2017, and to be presented for final passage on the 5th day of September, A.D.
2017.
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ATTEST:
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Interi ity Clerk
Passed and adopted on final reading on the 5th day of September, A.D. 2017.
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ATTEST:
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AGIai e ty ity Clerk
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