Stephens Co. Commissioners Extend Two Moratoriums

Stephens County Commissioners vote to extend two moratoriums.

Tuesday, county commissioners approved a 60-day extension of the county’s moratorium on wireless communication facilities applications.

Commissioners passed the original moratorium back in September.

Stephens County Administrator Phyllis Ayers said it was done to allow the county to re-visit its tower ordinance to better match its land use ordinance.

Ayers said there have been several applications that have come before the Stephens County Planning Commission to place towers for fixed wireless Internet service throughout the county.

According to Ayers, Stephens County’s current land use ordinance in many cases required a denial of those structures at this time and the county’s current tower ordinance does not address this technology.

Stephens County Attorney Brian Ranck said that they have been working on a new ordinance to address the issue, but were stalled by things out of their control.

“There were significant changes to the laws in this area,” said Ranck. “We had worked with consultants and had a draft ordinance that I had spent four or five hours reviewing and was getting ready to have a conference to present it to you. Right about that time, the law changed and they had to go back to the drawing board and make wholesale changes to the law we had.”

Gunby Communications of Toccoa has filed many of the tower applications that are pending.

The company’s John Smith said that the changes in the law are at the federal level, not the state level.

Smith said he has concerns about this continuing moratorium.

“We have applications that were filed in May,” he said. “Georgia law has not changed. Georgia law sets a time clock of 150 days to approve or deny (the application.”

Smith noted that the moratorium pushed their application time frame well beyond 150 days.

Stephens County Commissioner Stanley London said he also feels that Smith has waited long enough on his applications.

“As a business, I would hate to be held up that long for bureaucracy,” said London.

County Commissioner Dennis Bell said he agrees with that point, but also says he wants the ordinances to be right.

Bell said he would be more comfortable if the county could get it all wrapped up next month.

He suggested having everything ready on January 27.

Ranck said that having it ready for a vote on January 27 is achievable.

The motion to extend the wireless communications facilities moratorium passed 3 to 2 contingent on the matter coming to a vote on January 27. Commissioners London and Debbie Whitlock voted against it.

London then made a motion to use existing codes to take care of pending applications. That motion failed 3 to 2, with he and Whitlock voting in favor and Commissioners Bell, Dean Scarborough, and Michelle Grafton voting against.

Meanwhile, Stephens County Commissioners also voted 4 to 1 to extend a temporary moratorium on acceptance of roads into the county road maintenance system until June 30, 2015.

The initial moratorium was adopted in July.

County Commission Chair Dean Scarborough said it is needed to allow the county to take care of the roads it already has for the time being, noting the county has not been able to get some roads it has accepted recently.

Whitlock voted against the motion. She also opposed the initial moratorium.