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TOWN OF THOMSON INTERIM ORDINANCE NO. 17-04

TOWN OF THOMSON INTERIM ORDINANCE NO. 17-04 AN ORDINANCE AUTHORIZING A STUDY AND IMPOSING A MORATORIUM ON PERMITS AND APPROVALS FOR CELL TOWERS AND SMALL WIRELESS FACILITIES AND SUPPORT STRUCTURES IN THE TOWN OF THOMSON...

TOWN OF THOMSON INTERIM ORDINANCE NO. 17-04 AN ORDINANCE AUTHORIZING A STUDY AND IMPOSING A MORATORIUM ON PERMITS AND APPROVALS FOR CELL TOWERS AND SMALL WIRELESS FACILITIES AND SUPPORT STRUCTURES IN THE TOWN OF THOMSON

WHEREAS, on the 7th day of December, 2017, at a regular town board meeting, proper notice (if any) being provided, the issue of whether the Town should adopt or amend official controls (as defined in Minnesota Statute § 462.352, Subd. 15) to address the zoning, permitting, construction or approvals for cell towers and small wireless facilities, including wireless support structures, was heard; and

WHEREAS, recent changes to law, including the adoption of the Minnesota Telecom ROW Law and other state and federal regulations, necessitate a study by the Town for the purpose of considering adoption or amendment of official controls for reasonable public health, welfare and safety reasons concerning use of public rights of way and the location and placement of facilities and support structures;

WHEREAS, the Town Board has authority to adopt an Interim Ordinance/Moratorium that will allow the Town time to conduct a study to consider the possibility of adopting or amending official controls to fulfill the Town’s legal obligation to promote and protect the health, safety and welfare of its residents and values of the property therein; to protect the planning process; and not to delay or prevent a single project. The Town is not aware of any projects which have been proposed or would be affected by a moratorium.

NOW, THEREFORE, pursuant to Minnesota Statute § 462.355, subdivision 4, the Board of Supervisors of the Town of Thomson does hereby resolve and ordain, as follows:
1. A study is authorized to be conducted by the Town Clerk/Treasurer’s Office, the Town Zoning Office and the Town Attorney’s Office for the purpose of considering the adoption or amendment of official controls relating to the zoning, permitting, construction or approvals for cell towers and small wireless facilities, including wireless support structures, including the use of public rights of way.
2. The Board of Supervisors of the Town of Thomson hereby adopts an Interim Ordinance to impose a moratorium on construction, zoning approvals or variances, and the issuance of building permits for any cell towers, small wireless facilities, or wireless support structures within the jurisdictional boundaries of the Town of Thomson to protect the planning process, and to ensure the health and safety of residents, to ensure and protect the emergency response process, and to protect the health, safety and welfare of our citizens.
3. This Interim Ordinance shall be effective December 21, 2017, following publication, and shall be in effect for one year or until the final adoption or amendment of official controls to regulate the permitting and subdivision of any parcel of real property that does not have adequate frontage on an existing public road in the Town of Thomson, whichever occurs first.

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APPROVED AND ADOPTED, this 7th day of December, 2017, by the Town Board of the Town of Thomson, Minnesota.

Ruth Janke, Town Board Chair
ATTEST:
Rhonda Peleski, Clerk/Treasurer

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