UDO Update 082024

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

(C) Are necessitated by physical, construction, or installation difficulties; and

(D) Are consistent with the Right-of-Way Encroachment Agreement Approval.

(2) The request shall be in writing, include a detailed justification for the requested deviations, and be accompanied by the appropriate revised bulleted drawings, as determined by the Planning Director. (3) Any change from the approved Right-of-Way Encroachment Agreement other than those authorized in subsection (1) above requires a new application for Right-of-Way Encroachment Agreement Approval. C. Right-of-Way Encroachment Agreement Approval Review Standards An application for Right-of-Way Encroachment Agreement Approval shall be approved only if the Town Council determines that the structure accessory to development on adjoining property associated with the Right-of-Way Encroachment Agreement: 1. Complies with applicable district standards in Article 3: Zoning Districts, and applicable use standards in Section 4.3, Accessory Uses and Structures; 2. Complies with all other applicable standards in this Ordinance; 3. Complies with the Engineering Design and Construction Manual; 4. Complies with all other applicable Town ordinances and state and federal laws; and 5. Complies with all requirements and conditions of approval of any prior development permits or approvals. 1. Promote the health, safety, and general welfare of the public by regulating the location of telecommunication facilities. 2. Minimize the impacts of telecommunication facilities on surrounding land uses by establishing standards for location, structural integrity, and compatibility. 3. Encourage the location and collocation of telecommunication equipment on existing structures, thereby minimizing new visual, aesthetic, and public safety impacts, effects upon the natural environment and wildlife, and reduce the need for additional facilities. 4. Accommodate the growing need and demand for telecommunication services. 5. Encourage coordination between suppliers and providers of telecommunication services. 6. Establish predictable and balanced codes governing the construction and location of telecommunication facilities within the confines of permissible local regulations. 7. Establish review procedures to ensure that applications for telecommunication facilities are reviewed and acted upon within a reasonable period as required by applicable state and federal regulations. 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. 2.5.26. Wireless Telecommunication Facilities A. Purpose The purpose of this section is to:

Morrisville, NC

June 13, 2023

Unified Development Ordinance

Page 2-72