HomeMy WebLinkAboutFINAL ORDINANCE NO. 81-52STATE OF MINNESOTA
COUNTY OF WASHINGTON
CITY OF LAKE ELMO
ORDINANCE NO. 8152
AN ORDINANCE RELATING TO A DEVELOPMENT MORATORIUM ON THE PLACEMENT,
CONSTRUCTION AND MODIFICATION OF WIRELESS TELECOMMUNICATION FACILITIES
The Lake Elmo City Council hereby ordains that Section 301.160 is added to the
Municipal Code to read as follows:
Moratorium on Wireless Telecommunication Towers.
A. The City has begun the process of collecting data relating to the placement,
construction, and modification of wireless telecommunication facilities so that it may adopt
regulations which balance the City's right to control development with the right of private entities
to require the City to reasonably accommodate wireless telecommunications facilities.
B. The City may engage engineering consultants with the appropriate expertise to assist
it in obtaining data on which to base reasonable regulations for the location, height, and number
of wireless telecommunication facilities.
C. Upon receipt of the data base, the City will draft regulations and conduct public
hearings.
D. Except as hereinafter provided and in order to protect the integrity of its current
comprehensive plan and development regulations, the City hereby adopts a development
moratorium pursuant to M.S. 462.355, Sub. 4, on the placement, construction and modification of
wireless telecommunication facilities.
E. The term of the moratorium shall commence on the day following publication of this
Ordinance and shall continue for one (1) year thereafter or until the Lake Elmo City Council takes
action to after the term of the moratorium, whichever event occurs first.
F. During the term of the moratorium, wireless telecommunication facilities may be
allowed on existing public and private water towers pursuant to contracts. The terms of the
contract shall take into consideration the reasonable accommodation requirements of the
Telecommunications Act of 1996.
EFFECTIVE DATE: This Ordinance shall be effective the day following its publication or on the
day following the publication of an Ordinance Summary approved by the City Council.
ADOPTION DATE: Passed by the Lake Elmo City/Council the 21stt day of January, 1997.
Ly
y John,
ATTEST:
Mary Kue ner, Cft .A ministrator
PUBLICATION DATE: This Ordinance was published on the 24th day
of January, 1997.