Morrisville Unified Development Ordinance - October 2019

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

(ii) Are necessary to comply with conditions of approval; or

(iii) Comply with the policies set forth in the Town of Morrisville Wireless Telecommunication Facilities Master Plan; or (iv) Are consistent with the Minor Site Plan approval or any prior Town Council approval on which it was based (e.g., PD Plan/Agreement approval, Conceptual Master Plan Approval, Major Site Plan Approval). Consistency means the changes would not significantly alter the development’s general function, form, intensity, character, demand on public facilities, impact on adjacent properties, or other characteristic from that indicated by the Minor Site Plan Approval or any prior Town Council approval on which it was based. (B) In any case, the following changes from the Minor Site Plan Approval for Wireless Telecommunication Facilities or any prior Town Council approval on which it was based shall constitute a major change requiring amendment of the Minor Site Plan Approval in accordance with Section 2.4.8.D Modification or Amendment of Approval:

(i)

A change in a condition of approval.

(ii) A change in the height of the facility.

(iii) A change in the size of the compound area.

(Ord. No. 2016-001, 05/10/2016)

D. Wireless Telecommunication Facilities Approval An application for Wireless Telecommunication Facilities Approval may be approved only if the Town Council or Planning Director, as appropriate, determine that the facilities comply with the following:

All Telecommunication Facilities

a. Permitted as a Principal or Accessory Use

(1) On town-owned property the Town may authorize the application and use of town property after the applicant executes a lease agreement acceptable to the Town. (2) Non-concealed attached antenna, as part of existing utility distribution poles, and dual- function telecommunication facilities within an existing transmission tower shall be permitted as an accessory use. (3) Except for dual-function towers, new freestanding telecommunication towers shall be prohibited within utility easements. (4) New freestanding telecommunication facilities shall be prohibited within railroad right-of- way, unless otherwise preempted by federal regulations. (5) New freestanding telecommunication facilities shall be prohibited within road right-of- way. (6) Telecommunication facilities as accessory uses may be placed on existing towers or support structures in accordance with the provisions of this Ordinance. b. Interference with Public Safety Telecommunication Equipment In order to facilitate the regulation, placement, and construction of antenna, and to ensure that all parties are complying to the fullest extent possible with the rules, regulations, and/or guidelines of the Federal Communications Commission (FCC), each owner of an antenna, antenna array or applicant for collocation shall provide a written statement agreeing to the following:

October 1, 2019

Morrisville, NC

Page 2-82

Unified Development Ordinance