ORDINANCE 08-15-2019B – Small Wireless Facilities

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Related Area: | Code Enforcement/Building Safety | | Planning |
Related Elkins Municipal Code (EMC):
Related Year:2019 |

Ordinance #: 08-15-2019B



WHEREAS, the City of Elkins does not currently have standards or regulations pertaining to the placement of small wireless facilities within the city;

WHEREAS, the City Council of the City of Elkins finds that the City of Elkins is experiencing substantial residential and commercial growth within its city limits, and also experiencing increasing traffic congestion on its streets that makes the orderly maintenance and use of its rights-of-way of upmost importance and concern;

WHEREAS, the City Council of the City of Elkins finds it necessary for the health, safety and welfare of its citizens to enact uniform standards to preserve to integrity, provide for the safe usage, and maintain the visual qualities of the city;

WHEREAS, the City Council of the City of Elkins find the standards set forth in this ordinance to be in the best interests of its citizens of the City of Elkins; and

WHEREAS, the City Council for the City of Elkins desires to enact regulations pertaining to the placement of small wireless facilities within the City that are in line with applicable state and federal law, regulations and guidelines.

NOW THEREFORE, BE IT ENACTED, by the City Council of the City of Elkins, as follows:

Section 1 – Purpose and Scope

  1. Purpose: The purpose of this Section is to provide policies and procedures for the placement of small wireless facilities, which will provide a public benefit consistent with the preservation of the integrity, safe usage, and visual qualities of the city and comply with applicable state and federal laws, regulations and guidelines,
  2. In enacting this Chapter, the City is establishing uniform standards to address issues presented by small wireless facilities, including without limitation:
  3. Health, safety, and welfare of citizens;
  4. Limit interference with the use of streets, sidewalks, alleys, parkways, public utilities, public views, certain city corridors, and other public ways and places;
  5. Limit the creation of visual and physical obstructions and other conditions that are hazardous to vehicular and pedestrian traffic

“Wireless support structure” means a structure, including:

  • A monopole;
  • A tower, either guyed or self-supporting;
  • A billboard;
  • A building; or
  • Any other existing or proposed structure designed to support or that is capable of supporting small wireless facilities, other than a structure designed solely for the collocation of small wireless facilities.

“Wireless support structure” does not include a pole

“Wireline back haul facility” means an above ground or underground facility used to transport communications services from a wireless facility to a network.

Section 8.           Parts of Ordinances in Conflict Repealed. That all ordinances or parts of ordinances in conflict herewith, are hereby repealed to the extent of the conflict.

Section 9. Severance Clause. That the provisions of this Ordinance are hereby declared to be severable and if any section, phrase, or provision shall be declared or held invalid, such invalidity shall not affect the remainder of the sections, phrases or provisions.

Declaration of Emergency. It is hereby found and determined that there is an immediate need within the municipality for standards and regulations pertaining to small wireless facilities and that existing standards and regulations are not in place, and based upon the needs of the City of Elkins in connection with its current and future growth the enactment of this Ordinance will provide for the safe and orderly control of small wireless facilities within the city and help assure the safe and proper growth and transmission of small wireless facilities, the safe development of land and the safe maintenance and use of city rights-of-way. Therefore, an emergency is declared to exist, and this act being immediately necessary for the preservation and protection of the public peace, health, safety and welfare of the City and its citizens, shall become effective on the date of its passage and approval by the Mayor. If the Ordinance is neither approved nor vetoed by the Mayor, it shall become effective on the expiration of the period of time during which the Mayor may veto this Ordinance. If the Ordinance is vetoed by the Mayor and the veto is overridden by the City Council, it shall become effective on the date the City Council overrides the veto.