Morrisville Unified Development Ordinance_Sept 2023.1

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

(A) The Town shall provide notification to all wireless service providers operating in the Town of possible interference with public safety telecommunication equipment, and upon such notification, the owners shall cooperate and coordinate with the Town and among themselves to investigate and mitigate the interference, utilizing the procedures set forth in the joint wireless industry-public safety "Enhanced Best Practices Guide," released by the FCC in Appendix D of FCC 04-168 (released August 6, 2004), including the "Good Engineering Practices," as may be amended or revised by the FCC from time to time in any successor regulations. (B) If any equipment owner fails to cooperate with the Town in complying with the owner's obligations under this section or if the FCC makes a determination of radio frequency interference with the Town public safety communications equipment, the owner who failed to cooperate and/or the owner of the equipment which caused the interference shall be responsible, upon FCC determination of radio frequency interference, for reimbursing the Town for all costs associated with ascertaining and resolving the interference, including but not limited to any engineering studies obtained by the Town to determine the source of the interference. For the purposes of this subsection, failure to cooperate shall include failure to initiate any response or action as described in the "Enhanced Best Practices Guide" within 24 hours of the Town’s notification. Antennas, towers, and associated equipment shall be constructed and maintained in conformance with all applicable NC Building Code requirements. The following requirements shall apply: (1) Structural capacity shall not exceed a literal one-hundred percent of the designed loading and stress capability of the telecommunication tower or support structure, and (2) The telecommunication tower or support structure shall comply with ANSI EIA/TIA 222 standard as adopted by the current NC Building Code. d. Transportation Improvements and Right-of-Way Dedication Requirements The installation or expansion of telecommunication facilities that do not generate weekly traffic will not be required to install road improvements. However, the installation or expansion of facilities shall require the dedication of applicable right-of-way along the frontage of the subject property consistent with the Morrisville Comprehensive Plan. e. Hierarchy of Preferences The following list indicates the Town’s hierarchy of preferences for telecommunication facilities, in descending order of preference, with the letter (A) being the most preferred and the letter (H) being the least preferred. When an applicant proposes a lower ranked preference, the applicant must file relevant information including, but not limited to, an affidavit by a radio frequency (RF) engineer demonstrating that despite diligent efforts to adhere to the established hierarchy within the geographic search area, a higher ranked preference is not technically practicable and/or economically feasible. The information will be reviewed for consistency with State Statutes, Town Ordinances, and the Morrisville Comprehensive Plan, and may require additional information and clarification to substantiate efforts to adhere to said statute, ordinance or plan. The information may also be subject to a third party peer review with the cost borne by the applicant consistent with all applicable laws. c. North Carolina Building Code Requirements

(1) Concealed attached antenna.

(2) Collocation or combination antenna on existing telecommunication towers.

Morrisville, NC

June 13, 2023

Unified Development Ordinance

Page 2-79