Morrisville Unified Development Ordinance - July 2021

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

e. Town Council Review and Decision The Town Council shall review the application, hold a quasi-judicial public hearing, and decide the application in accordance with Section 2.4.7, and Section 2.5.5.D, subject to the following provisions. The decision shall be one of the following:

(1) Approve the application as submitted;

(2) Approve the application subject to conditions;

(3) Deny the application;

f. Post-Decision Actions and Limitations

The post-decision actions and limitations in Section 2.4.8 shall apply to the application except as follows:

(1) Issuance and Recordation of Special Use Permit

a. If the Special Use Permit application is approved, the Planning Director shall issue the applicant a Special Use Permit for Wireless Telecommunication Facilities that identifies the property to which it applies, the development plans on which it is based, and any conditions of approval. b. On expiration of the deadline for filing an appeal of the decision (see Section 2.4.8.B), the applicant shall record the Special Use Permit for Wireless Telecommunication Facilities with the Register of Deeds for the county in which the development site is located and return a copy of the recorded Special Use Permit to the Planning Director. Approval and recordation of a Special Use Permit for Wireless Telecommunication Facilities application allows approval of a concurrently-reviewed Site Plan Approval application for the same Wireless Telecommunication Facility, and authorizes submittal of other development applications that may be required before construction or use of Wireless Telecommunication Facilities authorized by the approved Special Use Permit. a. Approval of a Special Use Permit for Wireless Telecommunication Facilities application shall expire if the Special Use Permit is not recorded in the appropriate county Register of Deeds in accordance with subsection 2.5.25.C.1.f(1)(B), above, within 30 days after expiration of the deadline for filing an appeal of the decision approving the application. b. An approved and recorded Special Use Permit for Wireless Telecommunication Facilities shall expire if an application for a Construction Plan Approval for the approved development is not accepted for review within one year after the date of approval of the Special Use Permit application. c. An approved and recorded Special Use Permit for Wireless Telecommunication Facilities application shall expire automatically if the associated Site Plan Approval application expires, is revoked, or otherwise becomes invalid. a. Subsequent development applications may incorporate minor changes from the Special Use Permit Approval for Wireless Telecommunication Facilities without the need to amend the Special Use Permit in accordance with Section 2.4.8.D, Modification or Amendment of Approval, Modification or Amendment of Approval, where the Planning Director determines that the changes:

(2) Effect of Approval

(3) Expiration of Approval

(4) Minor Changes Allowed

Morrisville, NC

February 1, 2021

Unified Development Ordinance

Page 2-72