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CITY OF NORTH OLMSTED, OHIO RESOLUTION NO. 2016 —101 BY: Mayor Kennedy A RESOLUTION DECLARING A MORATORIUM ON THE ISSUANCE OF BUILDING, ZONING OR ENGINEERING PERMITS FOR WIRELESS TELECOMMUNICATION FACILITIES IN THE PUBLIC RIGHT-OF-WAY; AND FURTHER PROHIBITING ANY LICENSE, SIMILAR USE PERMIT, VARIANCE OR DEVELOPMENT PLAN APPROVAL FOR SAID FACILITIES, AND DECLARING AN EMERGENCY. WHEREAS, an increasing number of wireless telecommunication providers have requested the consent and approval of the City to locate such facilities, including monopole towers described as small cells or utility poles, within the public right-of-way; and WHEREAS, such communication facilities and the proliferation of pole installations in the public right-of-way, proposed to be as much as four (4) times the height of standard utility poles of 30', pose a substantial negative impact on the aesthetic character of the community and pose a substantial risk to health, safety and general welfare, and may also impede equal access by other occupants of the public -right-of-way; and WHEREAS, under Chapter 1151, the Wireless Telecommunication Code and Chapter 902, the Use of Public Right -of -Way by Service Providers and Contractors Performing Work on Service Provider Facilities Code, such communication facilities must first obtain the consent of City Council and a permit from the City Engineer prior to the installation of such wireless facilities in the public rights-of-way; and WHEREAS, this Council determines that the unregulated proliferation of these wireless communication facilities in the public right-of-way may constitutes a public nuisance that interferes with the safe and unobstructed use thereof by traffic, pedestrians and adjoining and abutting property owners; and WHEREAS, the City is considering, and additional time is necessary, to adopt amendments to Chapters 1151 and 902 of the Codified Ordinances of North Olmsted, Ohio, in order to address the regulations of these facilities, including the terms and conditions that may be necessary to address new technologies and increased demand for access prior to the installation of such wireless facilities in the public rights-of-way; and WHEREAS, this Council determines that an immediate moratorium is necessary for preservation of the public peace, property, health, safety, or general welfare by prohibiting the issuance of building, zoning or engineering permits for the installation of wireless communication facilities, particularly tower structures although described as utility poles, including the permits for street, treelawn and sidewalk opening related thereto, as well as any license, similar use permit, variance or development plan therefor, for the said facilities by city officials as is necessary to enable this Council to consider reasonable regulation of the 514238-1