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AN ORDINANCE TO EXTEND A TEMPORARY MORATORIUM UPON ANY TYPE OF APPROVAL OF ALL APPLICATIONS FOR CONSTRUCTION OF AND/OR MODIFICATIONS TO WIRELESS COMMUNICATIONS FACILITIES WITHIN THE CORPORATE LIMITS OF THE CITY OF GAHANNA UNTIL 90 DAYS AFTER THE EXPIRATION OF THE ORIGINAL TEMPORARY MORATORIUM; AND TO DECLARE AN EMERGENCY.
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WHEREAS, the City of Gahanna established Chapter 1179 of the Codified Ordinances, Satellite Earth Stations, to regulate satellite earth stations, while other antennas are regulated in Chapter 1167; and
WHEREAS, the ordinance to approve Chapter 1179 (Ordinance 51-94) was approved June 7, 1994, and this chapter has not been significantly altered since that date; and
WHEREAS, there have been both technological advancements and legal developments and the City staff has determined that they need time to review and make major amendments to its regulations to address issues relating to the siting of wireless facilities in a way that addresses local concerns, new standards, and policies as determined by a wireless facilities plan; which will provide the public with access to wireless services, and complies with federal and state law; and
WHEREAS, ORD-0231-2007 established a 180 day moratorium upon any type of approval of all applications for construction of and/or modifications to wireless communications facilities within the corporate limits of the City of Gahanna; and
WHEREAS, additional time is needed to allow comments by providers on the draft wireless facilities plan and ordinance; and
WHEREAS, in order to complete this review by the providers, and develop a final draft of the wireless facilities plan and ordinance, and permitting process; an extension of the temporary moratorium is imposed upon any type of approval of applications for wireless communications facilities, cellular facilities and sites, and development permits for an additional ninety (90) days after the expiration of the original moratorium; and
WHEREAS, ORD-0231-2007 which authorized the temporary moratorium was signed by the Mayor on October 18, 2007 and therefore is set to expire on April 16, 2008; and
WHEREAS, it is imperative to move forward with this ordinance so that the extension of the moratorium coincides with the expiration of the original moratorium, all for the preservation of the public peace, health, safety and welfare;
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF GAHANNA:
Section 1. That Council and the Administration shall not formally act upon any applications for construction and/or modification of wireless communications facilities for a period of ninety (90) days from the original expiration date of the moratorium.
Section 2. That the extension of the moratorium shall expire on July 15, 2008.
Section 3. That this moratorium shall not affect vested rights established pursuant to previously filed and fully complete applications.
Section 4. That, for the reasons set forth in the preamble hereinabove, this ordinance is declared emergency legislation and shall be in full force and effect immediately upon passage by this Council and on date of signature approval by the Mayor.