CCR2000048COMMON COUNCIL - CITY OF MUSKEG0
RESOLUTION #48-2000
ESTABLISHING A MORATORIUM ON WIRELESS
COMMUNICATION FACILITIES PENDING THE REVISION
OF SITING GUIDELINES AND MUNICIPAL ZONING ORDINANCES
WHEREAS, In March 1997, the Plan Commission adopted a special purpose planning
report prepared by Ralph Evans and Associates entitled, General Guidelines for PCS Sitina by Resolution #PC 37-97; and
WHEREAS, Said guidelines provided specific direction to the City and wireless
communications providers with regards to three specific facility locations, and provided
more general direction to the City and wireless communications providers for evaluating
other proposals; and
WHEREAS, The City of Muskego Zoning Ordinance permits communications towers in
the OIP - Institutional and Public Services Overlay District as a Conditional Use; and
WHEREAS, The Plan Commission and Common Council recognize that such
standards and ordinances are intended to implement the rights of the
telecommunications industry as determined by the Telecommunications Act of 1996;
and
WHEREAS, The Plan Commission and Common Council recognize that such
standards and ordinances are intended to preserve the health, safety, welfare, and
morals of the citizens of Muskego. as permitted by the Telecommunications Act of
1996; and
WHEREAS, The Plan Commission and Common Council recognize that the wireless
communications are a dynamic technology, and the standards applied in 1997 may not
adequately reflect the current needs of the wireless communications industry or the
needs of the City of Muskego residents; and
WHEREAS, The City of Muskego Zoning Ordinance provides no specific standards for
development of wireless communications facilities; and
WHEREAS, The City of Muskego Land Use Plan for the Year 2005 does not provide
specific siting recommendations for wireless communications facilities; and
WHEREAS, The FCC's State and Local Government Advisory Committee and three
trade organizations representing the wireless communications industry have entered
into a "Moratoria Agreement" setting forth guidelines for the enactment of wireless
communications moratorium by local government; and
Reso. #48-2000 Page 2
WHEREAS, The Plan Commission, by Resolution #PC 036A-2000 has recommended
that a moratorium be imposed on certain wireless communications facilities per the
terms and conditions of said resolution.
NOW, THEREFORE BE IT RESOLVED, The Common Council finds that the Siting
Standards adopted by Resolution #PC 37-97 are in need of immediate revision to
reflect current industry standards and trends.
BE IT FURTHER RESOLVED, The Common Council finds that the Zoning Ordinance is
in need of immediate revision to reflect current industry standards and trends.
BE IT FURTHER RESOLVED, The Common Council finds that the adopted 2005
Comprehensive Plan is in need of immediate revision to reflect current industry
standards and trends.
BE IT FURTHER RESOLVED, That subject to the provisions of the
Telecommunications Act of 1996 and Federal Communications Commission (FCC)
regulations, the Common Council does hereby establish a six (6) month moratorium on
new wireless communications facilities subject to the terms and conditions of this
resolution.
BE IT FURTHER RESOLVED, The Common Council does hereby establish a time
table for revising Siting Standards, Ordinances and Comprehensive Plans within the six
(6) month moratorium period in order to remain in compliance with the "Moratoria
Agreement."
BE IT FURTHER RESOLVED, The Common Council does hereby provide exemptions
from the moratorium for the following applicants and projects:
1 Sprint PCS petition, represented by WTl (fka Walter Group) for a site in the
vicinity of Muskego Dam Road and STH 36, relating specifically to Resolution
#PC 113-99 and its related applications. Such exemption shall include any
alternate site which may be accepted by the Plan Commission.
2. Ameritech petition, represented by Foley & Lardner, for a site in the vicinity of
College Avenue and Tess Corners Drive, relating specifically to Resolution
#PC 138-99 and its related applications. Such exemption shall include any
alternate site which may be accepted by the Plan Commission.
3. Ameritech petition, represented by Foley & Lardner, for a site on Crowbar
Road, as approved in 1999 but not yet constructed.
4. Co-location on any approved facility.
BE IT FURTHER RESOLVED, that the City will continue to accept applications,
but will not act upon them until a new ordinance is created and the moratorium is lifted.
DATED THIS 22nd DAY OF FEBRUARY 2000.
Reso. H8-2000
SPONSORED BY:
Ald. Nancy Salentine
Page 3
This is to certify that this is a true and accurate copy of Resolution H8-2000 which was
adopted by the Common Council of the City of Muskego.
Cle,#Treasurer
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