Morrisville Unified Development Ordinance - February 2021

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

(5) Temporary, commercial telecommunication facilities, upon the declaration of a state of emergency by federal, state, or local government, or determination of public necessity by the Town and approved by the Town; 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. (6) Temporary, commercial telecommunication facilities, for the purposes of providing coverage of a special event such as news coverage or sporting event, subject to approval by the Town, except that such facilities must comply with all federal and state requirements. Said facilities may be exempt from the provisions of Section 2.5.25, Wireless Telecommunication Facilities, of this ordinance up to one week after the duration of the special event. Existing Facilities Any telecommunication facilities lawfully established before the effective date of this Ordinance, and that are not in violation of this Ordinance or the pre-existing Telecommunication Tower Ordinance of the Town, shall be allowed to continue to operate provided they meet the requirements set forth by the Town. Existing Facilities shall also comply with Section 2.5.25.D.1.f(2), Analysis of Existing Telecommunication Facilities. a. Towers, antennas, equipment compounds and all associated equipment shall be removed, at the owner’s expense, within 180 days of cessation of use, unless the abandonment is associated with mitigation as provided in Section 2.5.25.D.2.b, Telecommunication Tower Replacement or Mitigation (not involving collocation), of this ordinance, in which case the removal shall occur within 90 days of cessation of use. b. If the tower or antenna is not removed within the timeframe, established in Section 2.5.25.B.3.a above, the Town may give notice that it will contract for removal within 30 days following written notice to the owner. Thereafter, the Town may cause removal of the tower with costs being borne by the owner in accordance with Article 10: Enforcement. c. Upon removal of the tower, antenna, concrete pads, equipment compound and all associated equipment, the development area shall be returned to its natural state and topography and vegetated consistent with the natural surroundings or consistent with the current uses of the surrounding or adjacent land at the time of removal. Special Use Permit The following subsections identify those steps in the standard review procedure (see Section 2.4) applicable to the review of a Wireless Telecommunication Facilities application requiring a Special Use Permit and note any specific variations of, or additions to, those review steps. a. Pre-Application Conference The applicant shall hold a pre-application conference with Town staff in accordance with Section 2.4.2.

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3. Discontinued (Abandoned) Telecommunication Facilities

C. Wireless Telecommunication Review Procedures

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b. Application Submittal and Acceptance

The application shall be submitted and accepted, and may be withdrawn, in accordance with Section 2.4.3.

Morrisville, NC

February 1, 2021

Unified Development Ordinance

Page 2-70