PCR2000036AMENDED
RECOMMENDATION TO COMMON COUNCIL TO ESTABLISH A MORATORIUM ON
WIRELESS COMMUNICATIONS FACILITIES PENDING THE REVISION OF SITING
GUIDELINES AND MUNICIPAL ZONING ORDINANCES
RESOLUTION #P.C. 036-2000
WHEREAS, In March 1997 the Plan Commission adopted a special purpose
planning report prepared by Ralph Evans and Associates entitled, General Guidelines
for PCS Siting 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 recognizes 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 recognizes 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 recognizes 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.
THEREFORE BE IT RESOLVED, The Plan Commission 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 Plan Commission finds that the Zoning
Ordinance is in need of immediate revision to reflect current industry standards and
trends.
BE IT FURTHER RESOLVED, The Plan Commission finds that the adopted
2005 Comprehensive Plan is in need of immediate revision to reflect current industry
standards and trends, and
BE IT FURTHER RESOLVED, 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 moratoria by local
governments, and.
BE IT FURTHER RESOLVED, That the Plan Commission does hereby
recommend that the Common Council establish a six (6) month moratorium on new
wireless communications facilities.
BE IT FURTHER RESOLVED, The Plan Commission does hereby
recommend that the Common Council complete the task of revisions Siting
Standards, Ordinances, and Comprehensive Plans within the six (6) month
moratorium period in order to remain in compliance with the “Memorandum of
Agreement.”
BE IT FURTHER RESOLVED, The Plan Commission does hereby recommend
that any such moratorium provide exemptions for the following applicants and projects:
1 Sprint PCS petition, represented by WTI (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.
Plan Commission
City of Muskego
Adopted: 02-1 5-00
Defeated:
Deferred:
e Introduced: Februatv 15. 2000
Al7EST. n. &&.
’Sandi Asti. Recording Secretary
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