Morrisville Unified Development Ordinance - February 2021

Article 2: Administration Section 2.5. Application-Specific Review Procedures 2.5.25. Wireless Telecommunication Facilities

8. Respond to the policies embodied in the Telecommunications Act of 1996 in such a manner as not to discriminate between providers of functionally equivalent telecommunication services or to prohibit or have the effect of prohibiting telecommunication services. 9. Protect the character of the Town while meeting the needs of its citizens to enjoy the benefits of telecommunication services. 10. Encourage the use of town-owned lands, buildings, and structures as locations for telecommunication infrastructure demonstrating concealed technologies and revenue generating methodologies. 11. Incorporate the policies, recommendations and design guidelines adopted as part of the Town of Morrisville Wireless Telecommunication Facilities Master Plan . New Facility a. The procedure and standards in this subsection apply to the review of applications for Wireless Telecommunication Facilities which shall be submitted and reviewed concurrently with any telecommunication facilities use requiring an application for a Special Use Permit or Site Plan Approval in Section 4.2.4, Principal Use Table or Section 4.3.4, Accessory Use/Structure Table. Wireless Telecommunication facilities Approval shall apply uniformly to all areas within the Town of Morrisville and approval is required, unless exempted in accordance with Section 2.5.25.B.1.c below, before submittal of an application for Construction Plan Approval, unless the applicant elects to submit applications for both Site Plan Approval and Construction Plan Approval for concurrent review in accordance with Section 2.5.25.B.1.b below. b. For developments requiring Construction Plan Approval in addition to Special Use Permit Approval or Site Plan Approval, the applicant may submit an application for Construction Plan Approval concurrently with an application for Special Use Permit or Site Plan Approval. In such a case, Town staff shall review the more detailed Construction Plan Approval application concurrently with the Special Use Permit or Site Plan Approval application, but the Town Engineer shall not decide the Construction Plan Approval application until after the Special Use Permit application or Site Plan Approval application is decided by either the Town Council or Planning Director, as appropriate. c. The following development is exempt from the requirements of this section, notwithstanding any other measures: (1) Satellite earth stations that are one meter (39.37 inches) or less in diameter in all residential zoning districts and two meters or less in all other zoning districts. (2) Regular and ordinary maintenance of antenna elements of any existing telecommunication facilities that does not include the replacement of any antenna elements, the addition of any new antenna elements, feed lines or associated support equipment or the placement of new telecommunication facilities. (3) Government-owned telecommunication facilities, upon the declaration of a state of emergency by federal, state, or local government; except that such facilities must comply with all federal and state requirements. The subject facilities may be exempt from the provisions of Section 2.5.25, Wireless Telecommunication Facilities, of this ordinance up to three months after the duration of the state of emergency. (4) Government-owned telecommunication facilities erected for the purposes of installing antenna(s) and ancillary equipment necessary to provide communications for public health and safety. 1.

12. Establish compliance with applicable federal and state laws. B. Applicability

Morrisville, NC

February 1, 2021

Unified Development Ordinance

Page 2-69