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2017-13-377 - Moratorium of Wireless PlacementORDINANCE NO. 2017-13-377 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, DECLARING ZONING IN PROGRESS AND IMPOSING A MORATORIUM ON THE SUBMISSION, PROCESSING AND ISSUANCE OF DEVELOPMENT PERMITS, AND ALL OTHER APPLICATIONS AND PERMITS FOR THE COLLOCATION OF SMALL WIRELESS FACILITIES IN THE PUBLIC RIGHTS-OF-WAY FOR A NINE MONTH PERIOD; PROVIDING FOR EXCEPTIONS; PROVIDING FOR A STUDY AND DIRECTIONS TO THE CITY MANAGER; PROVIDING FOR PENALTIES; PROVIDING FOR ADOPTION OF REPRESENTATIONS; REPEALING ALL ORDINANCES IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR INCLUSION IN CODE; PROVIDING AN EFFECTIVE DATE. WHEREAS, pursuant to Article VII, Section 2 of the Florida Constitution, and Chapter 166 of the Florida Statutes, the City of Miami Gardens Is authorized and required to protect the public health, safety and welfare of Its citizens and has the power and authority to enact regulations for valid governmental purposes that are not Inconsistent with general or special law, and WHEREAS, on April 28, 2017, House BIN 687 ("Bill") passed the Florida House of Representatives and the Florida Senate, and WHEREAS, this BIN creates the "Advanced Wireless Infrastructure Deployment Act", and WHEREAS, the legislation establishes a process by which wireless providers may place certain "small wireless facilities" on, under, within, or adjacent to certain utility poles or wireless support structures within public rights-of-way that are under the jurisdiction and control of a county or municipality, and ORDINANCE NO. 2017-13-377 WHEREAS, the Bill provides that the City may not prohibit, or regulate the collocation of small wireless facilities in the public rights-of-way, except as specified in the legislation, and WHEREAS, the Bill also allows for some local government regulation in this area, including some existing regulations and certain objective design standards, among others, and WHEREAS, City Staff intends to study the impact of the Bill and create new regulations allowed under the Bill, and WHEREAS, Staff needs time to review, consider, and modify existing regulations to effectively implement the requirements and allowances under the Bill, and WHEREAS, a temporary moratorium on the acceptance of applications for the processing and issuance of development permits, development orders or any other official action of the City of Miami Gardens permitting or having the effect of permitting placement of small wireless facilities in the public rights-of-way will allow time to review, study and hold public hearings, and prepare and adopt amendment(s) to the Land Development Regulations and/or Code of Ordinances to address this new and unique use, and WHEREAS, the City has determined that it is in the best interest of the citizens of the City to protect the general public health, safety, and welfare by studying and planning for this new technology, including how to best support this new technology and address potential impacts on the quality of life for the surrounding community, and WHEREAS, the City will move forward expeditiously to study and bring forth, if necessary, new regulations for consideration at public hearings; and ORDINANCE NO. 2017-13-377 WHEREAS, a duly noticed public hearing as required by law was held by the City Council of the City of Miami Gardens, at which public hearing all residents and interested persons were given an opportunity to be heard, and NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AS FOLLOWS; Section 1. ADOPTION OF REPRESENTATIONS: The foregoing Whereas paragraphs are hereby ratified and confirmed as being true, and the same are hereby made a specific part of this Ordinance. Section 2. PURPOSE: The purpose of this Ordinance is to preserve the status quo and enable sufficient time for the City to review, study, hold public hearings, and prepare and adopt amendment(s) to the Land Development Regulations and/or Code of Ordinances, relating to the appropriate placement of communication facilities in the public rights-of-way. During this nine (9) month period, the City will not take any action on any application or take other official action, which would have the effect of allowing, or permitting the collocation of small wireless facilities in the public rights- of-way. It is not the purpose of this Ordinance to deny permanently any development orders and permits for other uses that are permitted by right or special use permits and that otherwise comply with all applicable codes, ordinances, regulations and policies. Section 3: ZONING IN PROGRESS: The City Council hereby declares zoning in progress as it relates to the processing of any applications and permits relating to the collocation of small wireless facilities in the public rights-of-way. All affected property and ORDINANCE NO. 2017-13-377 business owners are placed on notice with respect to these pending regulations and the actions being taken by the City. Section 4: ESTABLISHMENT OF TEMPORARY MORATORIUM: A moratorium on the submission, processing, and issuance of development orders and permits, and all other applications and permits for the collocation of small wireless facilities in the public rights-of-way, is hereby established for a period of nine (9) months from the effective date of this Ordinance. The moratorium is subject to the provisions of Section 5 herein. Except as otherwise provided herein, no department of the City shall issue any permits, development orders, or undertake the review and approval of any site plans, building permits, or development plans with respect to such uses within the City during the term of the moratorium established hereby. Section 5. EXEMPTION: This moratorium shall not affect any business currently lawfully operating a small wireless facility in the public rights-of-way, in accordance with Section 337.401, Florida Statutes, and for which development permits have been obtained. Section 6: SUBMITTAL OF APPLICATIONS. Beginning upon the effective date of this Ordinance, an applicant development permit, development order or any other official City action, which would facilitate the establishment of small wireless facilities in the public rights-of-way, shall be required to disclose its intention to establish a small wireless facility in the public right-of-way in connection with its application for a permit. In the event that it is determined by the City that an applicant for a permit has failed to disclose its intentto establish a small wireless facility in the ORDINANCE NO. 2017-13-377 public right-of-way, the City shall be authorized to enforce this Ordinance by the methods set forth in Section 8. Section 7: STUDY: The City Manager as well as such other departments of the City, as the City Manager shall deem appropriate shall continue to study the collocation of small wireless facilities in the public rights-of-way and shall present proposed amendments to the Land Development Regulations and Code of Ordinances to the City Council. Section 8. PENALTIES: This moratorium may be enforced by the following methods of enforcement: (a) revocation or temporary suspension of any development permits, development orders; or (b) by an action for injunctive relief, civil penalties or both, through a court of competent jurisdiction; or (c) By any other process permitted by law including, but not limited to code enforcement action. Section 9. CONFLICT: All ordinances or Code provisions in conflict herewith are hereby repealed. Section 10. SEVERABILITY: If any section, subsection, sentence, clause, phrase or portion of this Ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portions of this Ordinance. Section 11. INCLUSION IN CODE: It is the intention of the City Council of the City of Miami Gardens that the provisions of this Ordinance shall become and be made a part of the Code of Ordinances of the City of Miami Gardens and that the section of this Ordinance may be renumbered or relettered and the word "Ordinance" may be changed ORDINANCE NO. 2017-13-377 to "Chapter," "Section," "Article" or such other appropriate word or phrase, the use of which shall accomplish the intentions herein expressed. Section 12. EFFECTIVE DATE: This Ordinance shall become effective immediately upon its final passage. PASSED ON FIRST READING ON THE 27'^^ DAY OF SEPTEMBER, 2017. PASSED ON SECOND READING ON THE 11''^ DAY OF OCTOBER, 2017. ADOPTED AND PASSED BY THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS AT ITS REGULAR MEETING HELD ON THE 11™ DAY OF OCTOBER, 2017. OLlVEfTGILBERT, III, MAYOR ATTEST: RONETTA TAYLOR, MM^ CITY CLERK PREPARED BY: SONJA KNIGHTON DICKENS, ESQ., CITY ATTORNEY SPONSORED BY: CAMERON D. BENSON, CITY MANAGER Moved by: Second by: J) VOTE: -l^O Mayor Oliver Gilbert, III (Yes) (No) Vice Mayor Erhabor Ighodaro, Ph.D. ^ (Yes) (No) ORDINANCE NO. 2017-13-377 Councilwoman Lisa C. Davis ^ (Yes) (No) Councilman Rodney Harris (Yes) (No) Councilwoman Lillie Q. Odom (Yes) (No) Councilwoman Felicia Robinson (Yes) (No) Councilman David Williams Jr (Yes) (No) ORDINANCE NO. 2017-13-377 18605 N W 27th Avenue, Suite 165 Miami Gardens, Florida 33056 City of Miami Gardens Agenda Cover Memo Council Meeting Date: October 11, 2017 Item Type: (Enter X in box) Resolution Ordinance Other XXX Fiscal Impact: (Enter X in box) Yes No Ordinance Reading: (Enter X in box) 1st Reading 2nd Reading x X Public Hearing: (Enter X in box) Yes No Yes No x Funding Source: General Fund Advertising Requirement: (Enter X in box) Yes No X Contract/P.O. Required: (Enter X in box) Yes No RFP/RFQ/Bid #: Strategic Plan Related (Enter X in box) Yes No Strategic Plan Priority Area: Enhance Organizational Bus. & Economic Dev Public Safety Quality of Education Qual. of Life & City Image Communication Strategic Plan Obj./Strategy: (list the specific objective/strategy this item will address) Sponsor Name Cameron D. Benson, City Manager Department: Short Title: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, DECLARING ZONING IN PROGRESS AND IMPOSING A MORATORIUM ON THE SUBMISSION, PROCESSING AND ISSUANCE OF DEVELOPMENT PERMITS, AND ALL OTHER APPLICATIONS AND PERMITS FOR THE COLLOCATION OF SMALL WIRELESS FACILITIES IN THE PUBLIC RIGHTS-OF-WAY FOR A NINE MONTH PERIOD; PROVIDING FOR EXCEPTIONS; PROVIDING FOR A STUDY AND DIRECTIONS TO THE CITY MANAGER; PROVIDING FOR PENALTIES; PROVIDING FOR ADOPTION OF REPRESENTATIONS; REPEALING ALL ORDINANCES IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR INCLUSION IN CODE; PROVIDING AN EFFECTIVE DATE. Staff Summary: AGENDA ITEM I-1 MORATORIUM ON DEV. PERMTS FOR SMALL WIRELESS FACILITIES 18605 N W 27th Avenue, Suite 165 Miami Gardens, Florida 33056 On April 28, 2017, House Bill 687 (“Bill”) passed the Florida House of Representatives and the Florida Senate. This Bill creates the "Advanced Wireless Infrastructure Deployment Act". This legislation establishes a process by which wireless providers may place certain “small wireless facilities” on, under, within, or adjacent to certain utility poles or wireless support structures within public rights-of-way that are under the jurisdiction and control of a county or municipality. The Bill provides that the City may not prohibit, or regulate the collocation of small wireless facilities in the public rights-of-way, except as specified in the legislation. The Bill also allows for some local government regulation in this area, including some existing regulations and certain objective design standards, among others. Pursuant to Article VII, Section 2 of the Florida Constitution, and Chapter 166 of the Florida Statutes, the City of Miami Gardens is authorized and required to protect the public health, safety and welfare of its citizens and has the power and authority to enact regulations for valid governmental purposes that are not inconsistent with general or special law. City Staff intends to study the impact of the Bill and create new regulations allowed under the Bill. Staff needs time to review, consider, and modify existing regulations to effectively implement the requirements and allowances under the Bill. A temporary moratorium on the acceptance of applications for the processing and issuance of development permits, development orders or any other official action of the City of Miami Gardens permitting or having the effect of permitting placement of small wireless facilities in the public rights-of-way will allow time to review, study and hold public hearings, and prepare and adopt amendment(s) to the Land Development Regulations and/or Code of Ordinances to address this new and unique use. The City has determined that it is in the best interest of the citizens of the City to protect the general public health, safety, and welfare by studying and planning for this new technology, including how to best support this new technology and address potential impacts on the quality of life for the surrounding community. The City will move forward expeditiously to study and bring forth, if necessary, new regulations for consideration at public hearings. The purpose of this moratorium is to preserve the status quo and enable sufficient time for the City to review, study, hold public hearings, and prepare and adopt amendment(s) to the Land Development Regulations and/ or Code of Ordinances, relating to the appropriate placement of communication facilities in the public rights-of-way. During this nine (9) month period, the City will not take any action on any application or take other official action, which would have the effect of allowing, or permitting the collocation of small wireless facilities in the public rights-of- way. Proposed Action: That the City Council approves the proposed Ordinance. Attachment: