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Home My WebLink About2007-08-27 07-280 ORDINANCE""'N'07 234 •s�xsrem Item/subject: Ordinance, Enacting a Moratorium on Acceptance of Applications,. Processing of Applications, or Issuance of Permits for Construction of Radio and Television Towers, Wind Turbines, or Telecommunication Towers in the Rural Residence and Agricultural District. ResponsibleDepartment: CityCouncil A developer of property on Broadway has received Planning Board approval for erecting four (4) radio towers. At the request of residents who live near the property; Councilor Palmer is sponsoring an Ordinance that would enact a Moratorium on towers. The Ordinance as proposed would enact the moratorium retroactive to July 1, 2007. %1'`t.op� Q �a .� c).Fa,t,,.ac.IX wd a -Ti C t,k,.ilA��t,'�4*C�.+�mrt.o-0.,ro'.�d w9let •wR+*�1�'; X4 ' Yr�a t j'Uwue �M' /•r•Ows.Pd t41'At Department Heatl Manager's Comments: n IL �J"Q aP.abtp�Pc k�a°�tiP kti!"OtuN Cay Manager Associated Information: Budget Approval: --_. Finance Dlrector Legal Approval: ry5olicitor Introduced for Passage X First Reading Page _of_ X Referral to Transportation and Infrastructure, 9-4-07 0 5 P.M. AS AMENDED 0)-280 .i CITY OF BANGOR ,C (TITLE.) Ordinance, Enacting a Moratorium on Acceptance of Applications, Processing of Applications, or Issuance of Permits for Construction of Radio and Television Towers and Wind Turbines In the Rural Residence and Agricultural District. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BANGOR THAT: A moratorium on the acceptance or processing of applications by the Code Enforcement Officer or Planning Board for radio and television towers or wind turbines in the Rural Residence and Agricultural District is enacted as follows: § 1. Necessity. Municipalities are authorized by 30-A M.R.S.A § 4356(1) to enact moratoria: A) to prevent a shortage or an overburden of public facilities that would otherwise occur during the effective period of the moratorium or that is reasonably foreseeable as a result of any proposed or anticipated development, or B) because the applica lon of existing comprehensive plans, land use ordinances or regulations or other applicable laws, if any, is Inadequate to prevent serious public harm from residential, commercial or industrial development in the affected geographic area. In accordance with 30-A M.R.S.A. § 4355(1), the Bangor City Council finds that a moratorium on the acceptance or processing of applications or issuance of permits for construction of radio or television towers or wind turbines in the Rural Residence and Agricultural District is necessary and warranted in order to allow sufficient opportunity to revise the existing Land Use Ordinance to prevent serious public harm from such developments in areas of existing residential development. § 2. Moratorium on acceptance of or processing of applications or issuance of permits for construction of radio or television towers or wind turbines in the Rural Residence and Agricultural District. The Bangor Code Enforcement Office and Planning Board shall not accept or process any applications for radio or television towers or wind turbines in the Rural residence and Agricultural District while this moratorium is in effect. AS AMENDED 07-280 § 3. Term This moratorium shall continue for 180 days from July 1, 2007. It may be extended for additional 180 -day periods in accordance with 30-A M.R.S.A. § 4356(2) upon a ending by the Bangor City Council that the problem giving rise to this moratorium continues to exist and reasonable progress is being made to alleviate the problem giving rise to the need for the moratorium. 07 280 F Assigaea Co Coaocilox Pal r August 27. 2007 ke, CITY OF BANGOR (TITLE.) Ordinance, Enacting a Moratorium on Acceptance of Applications, Processing of Applications, or Issuance of Permits for Construction of Radio and Television Towers, Wind Turbines, or Telecommunication Towers In the Rural Residence and Agricultural District NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BANGOR THAT: A moratorium on the acceptance or processing of applications by the Code Enforcement Officer or Planning Board for radio and television towers, wind turbines or telecommunication towers in the Rural Residence and Agricultural District is enacted as follows: § 1. Necessity. Municipalities are authorized by 30-A M.R.S.A § 4356(1) to enact moratoria: A) to prevent a shortage or an overburden of public facilities that would otherwise occur during the effective period of the moratorium or that is reasonably foreseeable as a result of any proposed or anticipated development, or B) because the application of existing comprehensive plans, land use ordinances or regulations or other applicable laws, if any, is inadequate to prevent serious public harm from residential, commercial or indusbial development in the affected geographic area. In accordance with 30-A M.R.S.A. § 4355(1), the Bangor City Council finds that a moratorium on the acceptance or processing of applications or issuance of permits for construction of radio or television towers, wind turbines or telecommunication towers In the Rural Residence and Agricultural District is necessary and warranted In order to allow sufficient opportunity to revise the existing Land Use Ordinance to prevent serious public harm from such developments in areas of existing residential development § 2. Moratorium on acceptance of or processing of applications or issuance of permits for construction of radio or television towers, wind turbines or telecommunication tourers In the Rural Residence and Agricultural District The Bangor Code Enforcement Office and Planning Board shall not accept or process any applications for radio or television towers, wind turbines or telecommunication towers In the Rural residence and Agricultural District while this moratorium is in effect 07 280 § 3. Term This moratorium shall continue for 180 days from July 1, 2007. It may be extended for additional 18"ay periods in accordance with 30-A M.R.S.A. § 4356(2) upon a finding by the Bangor City Council that the pmbiem giving rise to this moratorium continues to exist and reasonable progress is being made to alleviate the problem giving nse to the need for the moratorium. IN CITY MUNCIL JOUNAmp 27, 2007 Gin C1. I IB CITY CODBC6 October 10, 2007 Notion Name and Seconded for Passage AttorMA➢ Represeatim the Icsfe, Ed Hearer an d many residents including J®es Devitt. Cyntbfa Estya Dan Tremble Kathryn Karelia Beverly Shwaker. Bunny, Bitchbora, David gwinickl, Greg Evert and Barb Weiss spoke in Paver Tim Woodcock and Andy Hamilton repres otlng the de lupers. a spoke in "Osition vote' A-5 I:owcilors voting yea: Blanchette. Gratwick, Groans E Palmer COucilors voting Ho: ALlen, D'Erricu. Farrington, Bares A Storm Fails At'.the Start of New Devices$ Notion (lade by Covvcllm Basila duel Secooded to Reconsider 07-280 Notion We and Secuaded to Amend to include all Developmmat Ip Rural Residence ExecePt Single Family Railings and Accessory StrOCO¢ee Vote an Amendment: 5-A Councilors Voting Yes: Blanchette, Grasse. Bases . Palrer B Stone Coeacllors Voting NO; Allen,i D'ErrSco. Farrington, Gratsick Notion Bade and Secoadai for'.Passage as Asenled voter 5-6 COuocilms voting Tea: Balapthette Graces, Homes. Palmer 6 Stolle Co®cilors Voting No: Allem, D'Errlco, ParringtOo o OJ -280 - ORDINANCE Accept ('Accept Boactive a Botatoriru ance of Rpplica[1on, pimB of Avolicatian. or Iauravae of a£ Permits C for omw B trvc[iof Radio omni Television Towers n.rhin... a Pel�{a '!nCca[fon Tacere ivu[he Rural Beaidmceimd Mdgoed to Coo�uncHorr. V V Passed aed as Amended ' VCITY CLBMI I ' IN CITY COUNCIL (SPECIMI 1ORTIMC) October 17, 2007 1 Notion. Wade and Secandad to ReoOoaider Passed Notice Nide and Recorded to Amgad to Include Only Radio and Te11vialunTomers and Rind 'Turbines Passed Notice Made and Secoaded for peaeage As Amended Attorney Tim Woodcock urged them Council to wait for a currently Pendfrrg Superior Court case to Modem Sohn Beason, 1331 Rssm Street.l asked for assurance that rid Amendvenx would"vr prohibit hla proposed subdivision Barb Weis, 252 ylmw Road. showed phase's tbat were enchanted to show rhea visual i impact M connote Nation Doubted , 4 Vote: 6-1 i Conciliate voting Yes: Blanclutte i Gratslek, Grosses. Bauer Palmer E Stove Cwncilor Voting No: D'Errlco Couvcior Absent: Allen E Fatelmgton Passed as Amended