Morrisville Unified Development Ordinance - October 2019

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

(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. (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. Discontinued (Abandoned) 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.

Wireless Telecommunication Facilities Requiring a Special Use Permit

Step is Applicable

Step is Not Applicable

Pre-Application Conference

Application Submittal and Acceptance

Staff Review and Recommendation with DRC review

Scheduling and Notice of Meetings

Planning and Zoning Board Review and Recommendation with public comment session

Town Council Review and Decision with quasi-judicial public hearing

Figure 2.5.25.C.1

October 1, 2019

Morrisville, NC

Page 2-76

Unified Development Ordinance