Item Coversheet
Town of Miami Lakes
Memorandum

To:Honorable Mayor and Councilmembers
From:Alex Rey, Town Manager and Raul Gastesi, Esq., Town Attorney
Subject:Cell Tower Moratorium in the right-of-way
Date:3/7/2017

Recommendation:
It is recommended that the Town institute a 6-month moratorium on the approval of any development orders, including but not limited to building permits, site plan approvals, variances or conditional uses, involving the installation of telecommunication equipment in the public rights-of-way in order to consider and weigh the changes to the Land Development Code needed to suitably accommodate these facilities within Town boundaries while complying with recently enacted Florida Statutes and Federal Laws regarding such equipment.
Background:

This item was heard and read into the record on First Reading on February 7, 2017, by the Town Council. On February 21, 2017, the Planning and Zoning Board, acting in their capacity as the Town's Local Planning Agency, heard the item and voted 4-0 recommending adoption of the ordinance to this Council. The remainder of this memorandum is as it was originally submitted at First Reading on February 7, 2017.

The siting of wireless telecommunication facilities is regulated by the federal government through the Telecommunications Act of 1996, the State of Florida through § 365.172, Florida Statutes, as recently amended, and various sections of the Town of Miami Lakes Land Development Code including Sec. 35-27. The Telecommunications Act of 1996 provides that state and local governments may not unreasonably discriminate among otherwise equivalent wireless providers, nor may they effectively prohibit wireless services. With the advancement of new technologies in wireless communications are emerging, such as Distributed Antenna Systems (DAS) and small cell systems, it becomes incumbent upon the town to consider appropriate development standards to guide the siting of such facilities and equipment.

Because of these new and emerging technologies and changes in State Statutes, other cities and counties in Florida are imposing, or are considering the imposition of, a temporary moratorium on the approval of development orders relating to the placement of wireless communications facilities in the public rights-of-way. The desire is provide their respective staff sufficient time to study the issues and develop appropriate siting standards. The time period set for the temporary moratorium typically varies from six months to eighteen months.

The Town is receiving requests to place communication towers and/or facilities in public rights-of-way in order to improve wireless connectivity and coverage. The Towns current standards require review and possibly adjustment to ensure they comply with amended Florida Statues prior to consideration of any application for new facilities.

ATTACHMENTS:
Description
Cell Tower Moratorium 2nd Reading