Morisville Unified Development Ordinance_ September 2023-2

Article 2: Administration Section 2.5. Application-Specific Review Procedures 2.5.26. Wireless Telecommunication Facilities

(i)

A change in a condition of approval.

(ii) A change in the height of the facility.

(iii) A change in the size of the compound area.

(Ord. No. 2016-001, 05/10/2016)

D. Wireless Telecommunication Facilities Approval An application for Wireless Telecommunication Facilities Approval may be approved only if the Town Council or Planning Director, as appropriate, determine that the facilities comply with the following:

1.

All Telecommunication Facilities

a. Permitted as a Principal or Accessory Use

(1) On town-owned property the Town may authorize the application and use of town property after the applicant executes a lease agreement acceptable to the Town. (2) Non-concealed attached antenna, as part of existing utility distribution poles, and dual function telecommunication facilities within an existing transmission tower shall be permitted as an accessory use. (3) Except for dual-function towers, new freestanding telecommunication towers shall be prohibited within utility easements. (4) New freestanding telecommunication facilities shall be prohibited within railroad right-of way, unless otherwise preempted by federal regulations. (5) New freestanding telecommunication facilities shall be prohibited within road right-of way. (6) Telecommunication facilities as accessory uses may be placed on existing towers or support structures in accordance with the provisions of this Ordinance. b. Interference with Public Safety Telecommunication Equipment In order to facilitate the regulation, placement, and construction of antenna, and to ensure that all parties are complying to the fullest extent possible with the rules, regulations, and/or guidelines of the Federal Communications Commission (FCC), each owner of an antenna, antenna array or applicant for collocation shall provide a written statement agreeing to the following: (1) Compliance with “Good Engineering Practices” as defined by the FCC in its rules and regulations. (2) Confirmation from a Radio Frequency (RF) Engineer, compliance with FCC regulations regarding susceptibility to radio frequency interference, frequency coordination requirements, general technical standards for power, antenna, bandwidth limitations, frequency stability, transmitter measurements, operating requirements, and any and all other federal statutory and regulatory requirements relating to radio frequency interference (RFI). (3) In the case of an application for collocated facilities, the applicant, together with the owner of the subject site, shall provide a composite analysis of all users of the site to determine that the applicant’s proposed facility will not cause radio frequency interference with the Town’s public safety telecommunication equipment and will implement appropriate technical measures, to attempt to prevent such interference. (4) Whenever the Town encounters radio frequency interference with its public safety telecommunication equipment, and it believes that such interference has been or is being caused by one or more antenna arrays, the following steps shall be taken:

Morrisville, NC

June 13, 2023

Unified Development Ordinance

Page 2-78