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HomeMy WebLinkAbout1998 Ordinance No. 049.. , ..... ( • • • ORDINANCE NO.t./t_ SERIES OF 1998 BY AUTHORITY COUNCIL BILL NO. 30 INTRODUCEDBYCOUNC~ MEMBER BRADSHAW AN ORDINANCE ENACTING A NEW TITLE 5 , CHAPTER 27, OF THE ENGLEWOOD MUNICIPAL CODE 1985 ENTITLED TELECOMMUNICATION FACILITIES AND TOWERS. WHEREAS , with the passage of C. B . 29 , the Englewood City Council will enact standards and regulations in regard to Telecommunications Antennae and Towers and Satellite Dishes in the City of Englewood; and WHEREAS , in order to protect the public health and safety of persons and property , this ordinance is considered necessary to ensure that towers and antennae are constructed , placed and maintained in a manner consistent with all applicable codes; and WHEREAS, the City does not allow the transfer of this license to another location or person; NOW , THEREFORE , BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD , COLORADO , AS FOLLOWS: Section 1. The City Council of the City of Englewood, Colorado enacts a new Title 5, Chapter 27 , entitled Telecommunication Facilities and Towers, which shall read as follows: CHAPTER 27 TELECOMMUNICATION FACILITIES AND TOWERS SECTION: 5-27-1: Definitions 5-27-2 License Required 5-27-3: Application for License 5-27-4: Special Conditions and Restrictions of the License 5-27-1: DEFINITIONS: FOR THE PURPOSE OF THIS CHAPTER THE FOLLOWING DEFINITIONS SHALL APPLY: 11 b ii TELECOMMUNICATION FACILITY: TOWER: ANY FACILITY THAT TRANSMITS AND/OR RECEIVES ELECTROMAGNETIC SIGNALS. IT INCLUDES ANTENNAE, MICROWAVE DISHES , HORNS, AND OTHER TYPES OF EQUIPMENT FOR THE TRANSMISSION OR RECEIPT OF SUCH SIGNALS , TELECOMMUNICATIONS TOWERS OR SIMILAR STRUCTURES SUPPORTING SAID EQUIPMENT, EQUIPMENT BUILDINGS , PARKING AREA, AND OTHER ACCESSORY DEVELOPMENT. ANY STRUCTURE THAT IS DESIGNED AND CONSTRUCTED PRIMARILY FOR THE PURPOSE OF SUPPORTING ONE OR MORE ANTENNAE , INCLUDING SELF- SUPPORTING LATTICE TOWERS, GUY TOWERS , OR MONOPOLE TOWERS. THE TERM INCLUDES RADIO AND TELEVISION TRANSMISSION TOWERS, MICROWAVE TOWERS , COMMON CARRIER TOWERS , CELLULAR AND PERSONAL COMMUNICATIONS SERVICE TELEPHONE TOWERS, MAN-MADE TREES , AND OTHER SIMILAR STRUCTURES . 5-27-2: LICENSE REQUIRED: IT SHALL BE UNLAWFUL FOR ANY PERSON TO LOCATE ANY TELECOMMUNICATIONS TOWER OR FACILITY IN THE CITY OF ENGLEWOOD WITHOUT FIRST OBTAINING A LICENSE EXCEPT AMATEUR RADIO OR RECEIVE-ONLY ANTENNAE . 5-27-3: APPLICATION FOR LICENSE: THE APPLICATION FOR A TELECOMMUNICATIONS TOWER OR FACILITY LICENSE SHALL BE MADE IN ACCORDANCE WITH THE PROVISIONS OF TITLE 5, CHAPTER 1. 5-27-4: SPECIAL LICENSE REQUIREMENTS: TELECOMMUNICATIONS TOWER AND FACILITY LICENSE HOLDERS SHALL INFORM THE LICENSING OFFICER OF ANY ADDITIONS TO ANY TOWER OR FACILITY AND PAY ANY APPLICABLE FEES WITHIN THIRTY (30 ) DAYS OF SUCH ADDITIONS. LICENSE SHALL NOT BE TRANSFERRED TO ANY PERSON OR ENTITY WITHOUT THE WRITTEN PERMISSION OF THE CITY. Section 2. License Fee : License fees for this Chapter shall be determined and set by City Council in accordance with 5-1-8 of this Code. Section 3. Safety Clauses. The City Council, hereby finds, determines, and declares that this Ordinance is promulgated under the general police power of the City of Englewood, that it is promulgated for the health, safety, and welfare of the public, and that this Ordinance is necessary for the preservation of health and safety 2 • • • t • • • and for the protection of public convenience and welfare . The City Council further determines that the Ordinance bears a rational relation to the proper legislative object sought to be obtained. Section 4. Severability. If any clause , sentence , paragraph, or part of this Ordinance or .the application thereof to any person or circumstances shall for any reason be adjudged by a court of competent jurisdiction invalid, such judgment sha ll not affect impair or invalidate the remainder of this Ordinance or its application to other persons or circumstances . Section 5. Inconsistent Ordinances. All other Ordinances or portions thereof inconsistent or conflicting with this Ordinance or any portion hereof are hereby repealed to the extent of such inconsistency or conflict. Section 6. Effe ct of repeal or modification. The repeal or modification of any provision of the Code of the City of Englewood by this Ordinance shall not release , extinguish, alter, modify , or change in whole or in part any penalty, forfeiture , or liability, either civil or criminal, which shall have been incurred under such provision, and each provision shall be treated and held as still remaining in force for the purposes of sustaining any and all proper actions , suits , proceedings, and prosecutions for the enforcement of the penalty, forfeiture, or liability, as well as for the purpose of sustaining any judgment, decree , or order which can or may be rendered, entered, or made in such actions , suits, proceedings, or prosecutions. Section 7. Penaltv. The Penalty Provision of E.M.C . Section 1-4-1 shall apply to each and every violation of this Ordinance. Introduced, read in full , and passed on first reading on the 1st day of June, 1998. Published as a Bill for an Ordinance on the 5th day of June , 1998. Read by title and passed on final reading on the 20th day of July 1998 . Published by title as Ordinance No .L/J_, Series of 1998, on the 24th day of July 1998 . Loucrishia A. Ellis 3 ,) ,_ ' I •· • • COUNCIL COMMUNICATION Date Agenda Item Subject Bill for an ordinance adding a new Title 5, Chapter 27 (Telecommunications June 1, 1998 10 a iv Facilities License) to the City Code. Initiated By Staff Source Department of Financial Services Frank Gryglewicz, Director COUNCIL GOAL AND PREVIOUS COUNCIL ACTION This proposed bill for an ordinance adds a new Title 5, Chapter 27 (Telecommunication Facilities License) to the City Code. City Council discussed the Telecommunications Ordinance at a study session held April 6, 1998, and is scheduled to adopt Council Bill 29 on June 1, 1998. RECOMMENDED ACTION Staff recommends City Council approve this bill for an ordinance. BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED This is a new license created to help City staff identify all the telecommunication sites in the City of Englewood. The license fee helps offset the time and effort City staff spend in administering and regulating these facilities in the City. No alternatives were identified. FINANCIAL IMPACT The license fee has not been set as required by Chapter 1 of Title 5 . The resolution setting fees is scheduled to go to City Council on June 15 , 1998. No license fees have been collected in previous years . LIST OF ATTACHMENTS Copy of the proposed bill for an ordinance .