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TO: Mayor Richard C. Irvin
FROM: Stephane Phifer, Planning and Zoning Director
DATE: July 21, 2017
SUBJECT:
An Ordinance Amending Chapter 19, Article III, entitled "Communication and Data Transfer" of the City of Aurora Code of Ordinances
PURPOSE:
To bring current the regulations regarding towers, antennas and related telecommunications facilities.
BACKGROUND:
On December 13, 2016, with Ordinance O16-083, and again on May 23, 2017 with Ordinance O17-024, the City Council amended Chapter 19, Article III, entitled "Communication and Data Transfer" of the City of Aurora Code of Ordinances as technology is constantly changing, and with the advance of wireless and "small cell" technologies, various changes were made to said Article III. The provisions previously found in Chapter 19 relative to telecommunications services and facilities were originally enacted in the 1990s.
DISCUSSION:
After the implementation of the approved Ordinance, City Council has approved two Master License Agreements allowing for the installation of poles as communication facilities. Staff is proposing to incorporate a number of the provisions found in those agreements into the ordinance to be applied universally. Said revisions are included in the attached amendment.
Additionally, since the ordinance revision in 2016 where a fine was established at $1,000 per day for Commencing work without applying for and receiving appropriate approval, there has continued to be installations without permits. It is therefore recommended that the fine amount be elevated to a level that might serve to deter this practice. The proposed fine is a fine of fifty-thousand dollars ($50,000) per day for each day the violation exists with said per day fine amount doubling every ten (10) days.
IMPACT STATEMENT:
The recommended changes to this Article do not provide any recognizable impacts to general citizenry nor city departments.
RECOMMENDATIONS:
Staff would recommend APPROVAL of the attac...
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