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HomeMy WebLinkAbout2007-12-10 08-036 ORDINANCEItem No, 08 0,6 Date: 12-10.07 Item/Subject: Crdinance, Fxtending Moratorium on Acceptance Of Applications, Processing of Applications, or Lssuance of Permits for Corrstruddon of Radio and Television Towers, or Wind Turbines In the Rural Residence and Agricultural District Responsible Department: City Council Commentary: The City enacted a moratorium on Acceptance of Applications, Processing of Applications, or Issuance of Permits for Corad uWon of Radio and Televlsian Towers, or Wind Turbines In the Rural ResicerXe and Agricultural District on October 17, 2007 by Council Ordinance 07-280. The moratorium was retroactive m July 1, 2007 and effective through December 31, 2007. There have been several discussions at Council Committee level on proposed changes to the City's Wntl Development Code to address the Issues which gave rise to the need for a moratorium. As a result, an Ordinance amendment was referred to the Planning Board. The Planning Board, however, has expressed some concerns and recommended fuller refinements prior to enactment As a result, the ordinance changes that have been proposed may not be ready for final Council action prior to the expiration of the moratorium. Slate law provides that a moratorium on be extended if the need for the moratorium continues to exist and the municipality has made reasonable progress W alleviate the problems. This Ordinance will extend the moratorium until April 1, 2008 Department Head Managers Comments: Given the recent recommendation by the Planning Board tihat the proposed ordinance amendment dealing with this issue not be adopted, the Council Chair requested that an extension of the moratorium be placed on the agenda should the Council find that It needs more time to fully address this issue. Since the moratorium is in effect until the Dec of December, this ttif n if fiat read, could be in ober to be adopted at the Council's - end of ere x' m, this a necessary. rye Council's C.� Oty Manager Associated Information: Ordinance Legal Approval: rySoliGtor Passage X First Reading Page _of_ _ Referral 33 036 neasanea to councilor eefiner oece er 10, 2007 CITY OF BANGOR (TinE.) Ordinance, Extending a Moratorium on Acceptance of Applications, Processing of Applications, or Issuance of Permits for Construction of Radio and Television Towers, or Wind Turbines in the Rural Residence and Agricultural District WHEREAS, the City enacted a moratorium on Acceptance of Applications, Processing of Applications, or Issuance of Permits for Construction of Radio and Television Towers, or Wind Turbines in the Rural Residence and Agricultural District on October 17, 2007 by Council Ordinance 07-280; and WHEREAS, the City Council and City staff have made reasonable progress to alleviate the reasons that gave rise to the need for a moratorium; and WHEREAS, the Planning Board recommends that the pending amendments to the Land Development Code undergo further refinemenp and WHEREAS, the proposed changes will not be before the City Council for final action before the expiation of the moratorium; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CRY OF BANGOR THAT pursuant to 30-A M.R.S.A. §4356(2), the moratorium enacted an October 17, 2007 by Council Ordinance 07-280 shall be extended until April 1, 2008. IN cin COORCn i notion nese awn secomed to waive the Vrist Reeding R 08-036 first Reeding Waived - notfan node and seconded'-- 0 B D 1 N R C B for Passage ' vote: 7-1 Councilor voting Yes: D'R¢lco, since Yarrington. G4 twick, Grearoo, of Applications Processing of Ap011cecion, Rew9 e . Yelaer a" Stone of Pe,mito for f atv..Hon of Cowcilot Voting No. Wheeler Radioffi'eTelevision Towers on Rind 'Turbines Councilor "note Blanchette to rb, RvE,l no Agciamfumnal Poised \^,� — `1 I•j� District lA N.M IIS dO 1 RYRR Cin n �7 1 'Ndal rofbantllot