Council unanimously adopted a 90-day moratorium on permits issued for the construction of wireless communication facilities, which fall under Chapter 1290. Wireless communication facilities include equipment, towers and antennas. The moratorium allows city officials to digest the information included in the state law that was passed in December. This is the second moratorium on the matter that the city has adopted. The first was a 120-day moratorium that was adopted by the North Royalton City Council on July 19. The second moratorium will expire in March, about the time the new state law will take effect. “Like with any other new process or tool, it’s going to take a while to sort it all out,” said Mayor Bob Stefanik.
The state law regarding the regulations of telecommunications passed in mid-December as part of a lame duck session. The bill, Senate Bill 331, was a combination of dog mill legislation and Cleveland’s proposed minimum wage hike, as well as the wireless communications facilities. The wireless communication facilities portion of the legislation takes effect on March 21, 2017.
The new state law severely restricts municipalities from regulating this new technology, which can come in the form of an antenna, which can be mounted on a pole, or extensions. The restrictions bind the hands of the city as far as placement, aesthetics and location. “We don’t have any room to legislate,” said Law Director Tom Kelly. He noted that this legislation is “another in a series of legislative acts that erode our home rule authority.”
The state has placed a height limit of 50 feet tall, as well as other dimensional regulations. Kelly explained that although these things can be mounted on things such as telephone poles, it might not be a feasible option and other poles would then have to be erected. According to the new state law, they can be erected anywhere within the right-of-way, as any other utility. The new companies who are providing for this new technology, apply to the Public Utilities Commission of Ohio (PUCO) and apply for a Certificate of Necessity, which, if received, distinguish them as a utility.
One concern that city officials have, is the installation of these devices into developments where all other utilities are underground. Since the city cannot regulate the placement, it is up to the companies as to where and how they will be installed. City officials hope that the companies will cooperate in these types of matters. The installation of these devices still have to go to the Planning Commission for review and approval.
By GLORIA PLEVA KACIK
Contributing Writer