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Ordinance 1999-17 STATE OF ILLINOIS SS. COUNTY OF KENDALL ) ORDINANCE NO. 99-1 BEING AN ORDINANCE AMENDING THE ZONING ORDINANCE ESTABLISHING A MORATORIUM ON PERMITS FOR THE PLACEMENT OF WIRELESS COMMUNICATION FACILITIES IN THE UNITED CITY OF YORKVILLE WHEREAS, Congress passed the Telecommunications Act of 1996 on February 8, 1996; and WHEREAS, the Telecommunications Act of 1996 is comprehensive legislation that allows for the expansion of competition in the telecommunication industry that is expected to increase the need and demand for the placement of telecommunications towers and antennae (hereinafter "Wireless Communication Facilities") for the provision of wireless telecommunication services; and WHEREAS, the City Council has been attending seminars on the Telecommunications Act of 1996 and gathering materials and information; and WHEREAS, the UNITED CITY OF YORKVILLE is a rapidly expanding small residential community of just over 6,000 residents; and WHEREAS, the City has a limited number of potential sites that would be acceptable for the installa- tion of wireless communication facilities; and WHEREAS, the effects of the Telecommunications Act of 1996 upon the City's ability to regulate wireless communication facilities require extensive study by the City, and WHEREAS, the changes in wireless telecommunications technology, the additional licenses granted by the Federal Communications Commission, and the increased demand for wireless communication services are expected to lead to a significant increase in the demand for wireless communication facilities within the City; one wireless communications provider has already expressed a desire to locate a facility within the City; and additional requests are expected; and WHEREAS, the City and. tizens have significant concerns relat o the location of wireless commu- nication facilities within the City, the primary concern of which relates to the potential health and safety hazards a�.0 aesthetic effects of such facilities on neighboring properties and the community as a whole; and WHEREAS, the provision of adequate wireless telecommunications services to the City residents by the placement of wireless communications facilities would be of great benefit to the City residents, provided that the facilities are designed and located in such ways to minimize health, safety and aesthetic concerns, and WHEREAS, information received,from the industry and from other governmental agencies that have studied current technology establishes that wireless communication facilities can be designed and installed in ways that will minimize health, safety and aesthetic concerns; and WHEREAS, the City requires time to study the feasibility of requiring co-location of wireless communica- tions facilities on the limited number of acceptable sites within the City; and WHEREAS, processing applications for wireless communication facilities at the present time without the rrnation to determine the need for or the ability to design, such facilities to allow for co-location or nearby siting of additional facilities may result in the inability to allow adequate sites for competing providers; and WHEREAS, the Federal Communications Commission is currently developing rules regarding the environ- mental effects of radio frequency emissions which may impact on the placement or configuration of wireless communication facilities; and WHEREAS, the City's current zoning and other ordinances do not effectively or adequately address the requirements of the Telecommunications Act, the advancements in telecommunications technology, and the expected proliferation of wireless communications facilities; and WHEREAS, the City passed a Resolution on August 26, 1999 to enter into a consultation services contract with Stuart Chapman of Municipal Services Associates, Inc. for consultation and assistance in analyzing the City's current ordinances, amending them to comply with the requirements of the Telecommunications Act and to address ealth, safety, aesthetic, and other concerns of the City as allowed by the Act, and to develop and establish a site plan for placement of wireless communication facilities on the public and private property in the City, and WHEREAS, Stuart Chapi Zas indicated that the process of anal, ; and amending the ordinances and developing a site plan should take approximately six (6) months; WHEREAS, the issuance of permits for wireless communication facilities without adequate study of the requirements of the entire spectrum of wireless providers and without study of the ability of wireless providers to eliminate or minimize health, safety and aesthetic concerns is likely to result in adverse health, safety and aesthetic effects to the citizens of the United City of Yorkville; NOW, THEREFORE, BE IT ORDAINED by the Mayor and City Council of the United City of Yorkville, Illinois, as follows: 1. The recitals are hereby adopted and incorporated herein as the findings for the City Council; 2. The City Council further finds as follows; a. That notice of the public hearing held at the regularly scheduled meeting of City Council on September 9, 1999 at 7:00 p.m. in the City Conference Room, at 111 W. Fox St., Suite 3, -kville, Kendall County, Illinois was published in the Kendall County Record on August 19, 1999; b. That the passage of a moratorium on the issuance of special use permits for wireless communication facilities placement in the City is essential to allow adequate time for the revision and amendment to the current City ordinances to address the aesthetic, health and safety concerns of the residence, to develop nondiscriminatory guidelines for the placement of wireless communication facilities on public and private property to maximize wireless telecommunication services to City residents and to minimize aesthetic, health and safety concerns, and to develop a site plan for placement of communication facilities on public property within the City; and c. That the adoption of a moratorium on the issuance of permits for the placement of wireless communications facilities is beneficial to the City and to the general welfare of its residents; 3. The City Council hereby adopts and approves a six (6) month moratorium on the issuance of all permits for the placement of wireless communication facilities on public and private property in the City; and 4. The moratorium shall )me effective upon the signing of this nance by the Mayor and the City Clerk and the publication is required by law, and shall remain in effect for a period of six (6) months from the said e.,cctive date, unless terminated earlier or extended longer by the appropriate action of the City Council. Presented to the City Council of the United City of Yorkville, Kendall County, Illinois this q th day of 1999, A.D. Passed by the City Council of the United City of Yorkville, Kendall County, Illinois this q th day of , 1999, A.D. nijkx Richard Sticka Burton Callmer Larry Kot 6t . Valerie Burd Dave Dockstader Mike Anderson (-�-w Rose Spears Tom Sowinski IN WITNESS WHEREOF, the undersigned have executed this Agreement this _day of rn _, 1999. By:zyze'ea, Mayor Attest: /Q Clerk