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Ordinance 13-2017 Utilities - Underground ORDINANCE NO. 13-2017 AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF PALM BEACH, PALM BEACH COUNTY, FLORIDA, IMPOSING A TEMPORARY MORATORIUM ON THE PLACEMENT OF WIRELESS COMMUNICATION EQUIPMENT OR FACILITIES UPON PUBLIC PROPERTY, PUBLIC RIGHTS-OF-WAY, AND IN PUBLIC UTILITY EASEMENTS WITHIN THE TOWN. SAID MORATORIUM TO BE IN EFFECT FOR A PERIOD OF 180 DAYS SO AS TO ALLOW THE TOWN TO CONDUCT A STUDY AND TO CREATE REASONABLE, NON-DISCRIMINATORY REGULATIONS OR CRITERIA RELATING TO THE PLACEMENT OF SAID UTILITIES IN A MANNER CONSISTENT WITH STATE LAW AND IN A MANNER WHICH WILL NOT DEFEAT THE INTENDED PURPOSE OF THE TOWN'S DECLARED INTENT TO UNDERGROUND ALL UTILITIES WITHIN THE GEOGRAPHIC BOUNDARIES OF THE TOWN. WHEREAS, the legislature of the State of Florida, has given consideration to legislation which would preempt local government control relating to the placement of certain wireless communications and equipment in public rights-of-way; and WHEREAS, the Town of Palm Beach is undertaking an effort to place all overhead utilities within the Town underground for aesthetic, public safety and reliability purposes; and WHEREAS, Article V of Chapter 122 of the Town Code Ordinance relating to utilities presently excepts from undergrounding requirements at Section 122-162(3) radio antennae, associated equipment and supporting structures for each such antennae used by a utility company for furnishing wireless communication services; and WHEREAS, the Town Council desires to conduct a study in order to design reasonable, non-discriminatory criteria and regulations to be applied to the placement of wireless facilities in a manner so as to promote and protect the public interests and avoid frustration of the actions, activities and intent of the Town Council in the undergrounding of utilities throughout the Town. NOW THEREFORE BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF PALM BEACH, PALM BEACH COUNTY, FLORIDA, AS FOLLOWS: Section 1. The Town Council hereby declares a moratorium on the granting of any permits for the placement of wireless facilities on public property, public rights-of-way and in public utility easements within the Town or for the placement of any said facilities in residentially-zoned districts of the Town. Section 2. This moratorium shall be effective for a period of 180 days, during which time the Town will conduct a study to determine and establish reasonable non- discriminatory criteria which may be imposed on the placement of said wireless facilities within the Town. Section 3. During the period of this moratorium, the location of wireless communications equipment or facilities shall be prohibited. Section 4. Severability. If any provision of this Ordinance or the application thereof is held invalid, such invalidity shall not affect the other provisions or applications of this Ordinance which can be given effect without the invalid provisions or applications, and to this end the provisions of this Ordinance are hereby declared severable. Section 3. Repeal of Ordinances in Conflict. All other ordinances of the Town of Palm Beach, Florida, or parts thereof which conflict with this or any part of this Ordinance are hereby repealed. Section 4. Codification. This Ordinance shall be codified and made a part of the official Code of Ordinances of the Town of Palm Beach. Ordinance No. /3 -- 01 ! Page 2 of 3 Section 5. Effective Date. This Ordinance shall take effect immediately upon its passage and approval, as provided by law. PASSED AND ADOPTED, on an emergency basis, in a regular, adjourned session of the Town Council, this 13th day of April, 2017. N. JA ?...‘----j 9.21 -1-t`j Ga' Coniglio, Mayor A Richard M. Kleid, Town Council President - -0..08-0- __ anielle H. oore 4ouncil esident Pro Tern / i:" �yA -,n 1 'k` • Ju4 K. Araskog, Town Counc . Member .,,, 11(i, i, , ) ,, , / .? - 4110 . _it ,,,, ,_ _.-, c'A1'TE+.1-:-,'� =ob s,i Lindsay, To - oun' it Member - A • ' • , • - k Margaret 0). Zeidman? 'own Council Member P:\DOCS\13156\00008\DOC\1 S08240.BOC Ordinance No. 1 3-do'r1 Page 3 of 3