[Amended 6-14-2016 by Ord. No. 17-02]
A.
The maximum height of all structures is regulated per zoning district and set forth is Article VI, District Regulations. However, said limitations shall not apply to the height of a church spire, church belfry, clock or wireless tower, water tank, chimney or similar structure, or other appurtenances usually required to be placed above the roof level and not intended for human occupancy.
B.
Purpose. The purposes of this section's standards established herein
to govern the use, construction and location of wireless communications
facilities are:
(1)
To accommodate the need for wireless communications facilities while
regulating their location and number in the Town and to ensure compliance
with all applicable governmental regulations.
(2)
To minimize any adverse and visual effects of any wireless communications
facilities antenna and antenna support structures through proper design,
siting and screening.
(3)
To ensure the structural integrity of the antenna support structure
through compliance with applicable industry standards and regulations.
(4)
To encourage the joint use of any new antenna support structures
to reduce the number of such structures needed in the future.
(5)
To promote the health, safety and welfare of the residents of the
Town.
C.
ANTENNA
ANTENNA SUPPORT STRUCTURE
ANTENNA SUPPORT STRUCTURE HEIGHT
LAND SITE
WIRELESS COMMUNICATIONS EQUIPMENT BUILDING
WIRELESS COMMUNICATIONS FACILITY
Definitions. As used in this section, the following terms shall have
the meanings indicated:
A device used to collect and/or transmit wireless communications
or radio signals, including panels, microwave dishes and signal poles
known as "whips." As used herein, the word "antenna" includes "antennas."
Any pole, telescope mast, tower, tripod, lattice construction
steel structure or any other structure which supports an antenna or
has an antenna attached to it.
The vertical distance measured from the base of an antenna
support structure at grade to the highest point of the structure,
including any antenna affixed thereto. If the antenna support structure
is on a sloped grade, then the average between the highest and lowest
grades shall be used in calculating the antenna support structure
height.
A tract or parcel of land that contains a wireless communications
facility and associated parking and may include other uses associated
with and ancillary to wireless communication transmission.
A building or cabinet in which electronic receiving, relay
or transmitting equipment for a wireless communication facility is
housed.
The antenna, antenna support structure, wireless communications
equipment building, parking and/or other structures, building, cabinets
and equipment involved in receiving or transmitting wireless communications
or radio signals for commercial purposes and not for noncommercial,
residential purposes.
D.
Use regulations.
(1)
Attachment of facilities to existing antenna support structures:
(a)
On any local sites owned by or in the possession and control
of the Town, if approved by the Town Council as a conditional use.
(b)
On any state, county and/or municipal site for its own internal
communication needs only, if approved as a conditional use by the
Town Council.
(c)
On any private property, if approved by the Town Council as
a conditional use.
(2)
Erection of new antenna support structures and wireless communications
facilities:
(a)
On any local sites owned by or in the possession and control
of the Town, if approved by the Town Council as a conditional use.
(b)
On any state, county and/or municipal site for its own internal
communication needs only, if approved as a conditional use by the
Town Council.
(c)
On any private property, if approved by the Town Council as
a conditional use.
E.
Application requirements. All applicants seeking conditional use
to construct, erect, relocate or alter a wireless communications facility
shall demonstrate compliance with this section in an application provided
by the Town, accompanied by the fee, escrow funds and the following
documents:
(1)
Copy of the typical specifications for proposed structures and antennas,
including description of design characteristics and material.
(2)
A site plan to scale showing property boundaries, tower location,
tower height, guy wires and anchors, existing structures, photographs
or elevation drawings depicting typical design of proposed structures,
parking, fences, landscape plan, and existing land uses on adjacent
property.
(3)
A current map or updated map for an existing map on file, showing
locations of the applicant's antennas, facilities, existing towers,
and proposed towers, which are reflected in public records, serving
any property within the Town.
(4)
A report from a structural engineer showing the tower antenna capacity
by type and number, and a certification that the tower is designed
to withstand winds in accordance with all the applicable national
building standards for such facilities and structures.
(5)
Identification of the owners of antennas and equipment to be located
on the site.
(6)
Written authorization from the site owner for the application.
(7)
Evidence that a valid FCC license for the proposed activity has been
issued.
(8)
A line-of-sight analysis showing the potential visual and aesthetic
impacts as well as any attract/detract lighting impacts of the adjacent
districts.
(9)
A written agreement to remove the tower and/or antenna within 180
days after cessation of use.
(10)
Proof of liability insurance to respond to claims up to $1,000,000
in the aggregate which may arise from operation of the facility during
its life, at no cost to the Town of Millville, in a form approved
by the Town Solicitor.
(12)
Additional information required by the Town for determination
that all applicable zoning regulations are met.
F.
Standards. All applicants must show that all applicable standards
are met.
(1)
Location.
(a)
The proposed communication tower, antenna or accessory structure
will be placed in a reasonable available location which will minimize
the visual impact on the surrounding area and allow the facility to
function in accordance with minimum standards imposed by the applicable
communications regulations and applicant's technical design requirements.
(b)
The applicant must show that the proposed antenna and equipment
cannot be accommodated and function as required by applicable regulations
and the applicant's technical design requirements without unreasonable
modifications on any existing structure or tower under the control
of applicant.
(2)
Height.
(a)
The applicant shall demonstrate that the antenna and the antenna
support structure must be at the height proposed in order to satisfy
their function in the applicant's regional plan or grid system. The
applicant shall also demonstrate that the antenna height requested
is not in excess of the minimum required to function satisfactorily.
(b)
An antenna that is attached to a support structure, such as
telephone, electric, or utility pole, existing wireless communications,
cellular communications or personal communications services tower,
water tower or other similar tall structure, together with any antenna
support structure, shall not exceed the height of the existing structure
by more than 10 feet.
(c)
An antenna that is not mounted on an existing antenna support
structure shall not have an antenna height or tower in excess of the
height restrictions in the zoning district in which it is located.
(3)
Setbacks. In addition to, and not in lieu of, any other applicable
setbacks, the following shall apply under this section:
(a)
The minimum distance between the base of any antenna support
structure and any property line or right-of-way line shall be the
largest of the following: the minimum yard setback in the underlying
zoning district or 100% of the proposed antenna support structure
height.
(b)
The minimum distance between the base of any guy wire anchors
and any property line of right-of-way shall equal 40% of the proposed
antenna support structure.
(4)
Fencing. A security fence shall be required around the antenna support
structure and other equipment, unless each antenna is mounted on an
existing structure. The security fence shall be a maximum of six feet
in height and maintained in proper condition. No barbed wire or razor
fencing will be permitted.
(5)
Fully automated/required parking. The wireless communications facility
shall be fully automated and not require any maintenance workers to
be present on a full-time basis. Adequate parking shall be required
for all maintenance workers, with a minimum of two spaces provided.
All parking spaces shall be constructed to conform to applicable stormwater
management regulations.
(6)
Signs. Notwithstanding any provision of this chapter permitting signage,
no signs or other structure shall be mounted on the wireless communications
facility, except as is required by the Federal Communications Commission
(FCC), Federal Aviation Administration (FAA), or other governmental
agencies.
(7)
Lighting. Antenna support structures shall meet all FAA regulations.
No antenna support structure may be artificially lighted except when
required by the FAA or other governmental authority. When lighting
is required by the FAA or other governmental authority, it shall be
oriented inward so as not to project onto surrounding properties.
The applicant shall promptly report any outage or malfunctions of
FAA-mandated lighting to the appropriate governmental authorities.
(8)
Visual appearance. Antenna support structures shall be painted silver
or have a galvanized finish or may be painted green up to the height
of nearby trees to disguise their appearance. All wireless communications
and other accessory facilities shall be aesthetically and architecturally
compatible with the surrounding environment and shall maximize the
use of like-facades to blend with the existing surroundings and neighboring
buildings to the greatest extent possible.
(9)
Landscaping. The following landscaping shall be required to screen
as much of the newly constructed antenna support structure, the fence
surrounding the newly constructed antenna support structure, and any
other newly-constructed ground-level features (such as a building)
as possible and, in general, soften the appearance of the wireless
communications facility. Listed below are the landscaping requirements:
(a)
The disturbance of the existing topography shall be minimized
unless such disturbance would result in less visual impact of the
facility on the surrounding area.
(b)
Existing vegetation on and around the land site shall be preserved
to the greatest extent possible. Any tree or vegetative element which
dies must be replaced within one month, ground permitting.
(c)
An evergreen screen shall be required to surround the antenna
support structure. The screen can either be a hedge (planted three
feet on center maximum) or a row of evergreen trees (planted 10 feet
on center maximum). The evergreen screen shall be a minimum of six
feet at planting, and shall grow to a minimum of 15 feet at maturity.
(d)
Where the wireless communications facility abuts residentially
developed land, a residential zoning district, public land, or streets,
the land site perimeter shall be landscaped with at least one row
of deciduous trees, not less than three inches in caliper, spaced
not more than 30 feet apart, on center, and within 25 feet of the
land site boundary, as well as at least one row of evergreen trees
or shrubs, at least 14 feet high when planted and spaced not more
than 15 feet apart and within 40 feet of the land site boundary.
(10)
Designed for co-location; notice to other users. In order to
reduce the number of antenna support structures needed in the Town
in the future, the proposed antenna support structure shall also be
required to accommodate, where possible, other users, including other
wireless communication, cellular communication and personal communication
service provider companies, and local police, fire, and ambulance
companies. Applicants shall provide documentary evidence that all
other authorized users have been contacted by the applicant with an
offer of co-location on the applicant's proposed antenna support structure.
(11)
Review of site alternatives for new structures. If the applicant
proposes to build an antenna support structure (as opposed to mounting
the antenna on an existing structure), the applicant shall demonstrate
with documentary evidence that it has contacted the owners of structures
of suitable location and height (such as smoke stacks, water towers
and buildings housing existing antenna support structures) within
a one-mile radius of the site proposed, requested permission to install
each antenna on those structures, and has been denied. An application
to construct a new antenna support structure will be denied if the
applicant has not made a good faith effort to mount all antennas on
an existing structure as set forth in this subsection.
(12)
Abandoned or unused portions of towers. Upon application for
a tower or tower facility, the owner or agent of the tower must supply
the Town of Millville with a letter stating that if the tower is vacated
for any reason, the owner or agent will remove the tower, all apparatus
associated with it, the top three feet of the footing and restore
the site to its original condition within 60 days of vacation of the
tower.
(13)
Safety and maintenance. The applicant shall demonstrate that
the proposed antenna and antenna structure and entire wireless communications
facility are safe and are in accordance with the applicable regulations,
and the surrounding properties will not be negatively affected by
the antenna support structure failure, falling ice or debris.
(a)
All antenna support structures shall be fitted with anti-climbing
devices.
(b)
The owner of the facility shall conduct radiation tests upon
inauguration of service on an annual basis thereafter for a period
of five years to assure compliance with ANSI C 95.1-1982, entitled
"American National Safety Levels with Respect to Human Exposure to
Radio Frequency and Electromagnetic."
(c)
If 75% of the properties within a five-mile radius have an owner
who complains of radio and/or television interference, the approval
may be revoked.
(d)
Any antenna structure, antenna support, and accessory structures
not properly maintained shall be required to be removed at the expense
of the persons having control or receiving benefits within 60 days
after receiving notice of nonmaintenance from the Town.
(e)
Vandalism and graffiti will be reported by the Code and Building
Administrator. Violation notices shall be issued only after vandalism
or graffiti has remained for more than 72 hours after being first
noted by the Code and Building Administrator. If three violation notices
are issued within a one-year period or less, this shall be interpreted
as having received notice of nonmaintenance or declared as having
abandoned the facility.
G.
Application review and approval process.
(1)
Upon receiving the prescribed fee, escrow monies and application form as well as the supportive application requirements as stated in Subsection E of this section, the applicant will provide eight copies of the application and supportive requirements to the Town of Millville for processing.
(2)
The Code and Building Administrator will ensure that the application requirements have been met as stated in Subsection E of this section. If information is missing, the applicant will receive notification of the missing data item, and the application will not proceed until such requirements have been met. If all requirements have been met, the application will continue in the process. The application will be forwarded to the Town Solicitor and Town Engineer for the review of compliance with this chapter and other applicable regulations, to include other agencies with jurisdiction over such facilities.
(4)
In addition, all applicants seeking to construct, erect, relocate
or alter a wireless communications facility shall demonstrate that
all property owners are notified within an area extending not less
than 200 feet from the site of the proposed conditional use; provided,
however, that in the event of the application the antenna support
structure exceeds 200 feet, then the area of notification shall be
extended to a distance equal to the height of the proposed antenna
support structure. The written notification shall include the applicant's
intent to construct, erect, relocate or alter a wireless communications
facility. Such notice shall also contain the date and time of the
hearing before the Town Council of the Town of Millville where the
applicant will appear and demonstrate compliance with the provisions
of this chapter. Said applicant will provide a list of the names and
addresses of all property owners within the required area as well
as a sample letter that was sent.
(5)
The Town of Millville Planning and Zoning Committee will review the
application and forward a recommendation to the Town Council of Millville
for consideration during a public hearing.
(6)
The Town Council of Millville will hear the application during the
advertised public hearing. The Town Council will hear all of the public
comments in regard to the application prior to rendering a decision.
(7)
The Town administration will notify the applicant of the Town Council's
decision in writing no later than 30 days after said hearing and shall
ensure that copy is placed in the appropriate file for recordkeeping
purposes.
H.
Criteria for approval of conditional use.
(1)
In conducting its review and/or making its determination to allow
a telecommunications antenna facility as a conditional use, the Town
Council, after recommendation from the Planning and Zoning Committee,
shall, in addition to any other matters it may choose to consider,
consider the following:
(a)
Whether the proposed structure complies with all the required
standards and criteria listed in the chapter.
(b)
Compatibility of the proposed structure with the height and
mass of the existing buildings in the area.
(c)
The location of the antenna in relation to existing vegetation,
topography, and buildings to obtain the best visual screening.
(d)
Visual and economic impact upon adjacent properties.
(e)
Compliance with Federal Communications Commission (FCC) emission
standards.
(f)
Whether placement of the structure in the proposed location
will result in a significant impact to other uses or the reception
or transmission of existing facilities.
(g)
Each tower location shall evaluate whether the co-location on
other existing structures in the same vicinity, such as other towers,
buildings, water towers, utility poles, athletic field lights, parking
lot lights, etc., is possible without significantly impacting antenna
transmissions or reception. However, for location on such existing
structures and poles, telecommunications facilities must meet the
following additional requirements:
(h)
That the proposed facilities will not be injurious to the health,
safety and welfare of the community.
(2)
The Town Council may approve the conditional use application with
additional conditions.
A.
No part of a building shall be erected within or shall
project into the front and rear yard setback areas except:
(1)
Cornices, eaves, gutters and chimneys projecting not
more than 18 inches;
(2)
Bay windows not extending through more than one story
and not projecting more than three feet;
(3)
One-story open porches, concrete patios, and decks,
projecting not more than five feet;
[Amended 1-9-2018 by Ord.
No. 18-04]
(4)
Steps and balconies, projecting not more than five
feet; and
(5)
Paver patios may encroach no more than half the distance from the
rear yard setback to the rear property line.
[Added 1-9-2018 by Ord.
No. 18-04]
B.
No part of a structure shall be erected within nor
project into any side yard setback area, except:
[Amended 2-11-2020 by Ord. No. 20-08]
(1)
Cornices,
eaves, gutters or chimneys projecting not more than 18 inches.
(2)
One
private walkway encroaching into the side yard setback along the side
of a house but not be closer than two feet at any point to any property
line.
(3)
Mechanical
pads/brackets, no greater than 12 square feet, to hold mechanical
equipment for the building's systems, together with the mechanical
equipment itself.
[Added 12-14-2021 by Ord. No. 22-02]
(4)
Steps
to porches/patios consisting of no greater than three treads each
measuring 10 inches in depth.
[Added 12-14-2021 by Ord. No. 22-02]
C.
Accessory structure and uses.
(1)
Any accessory structure attached to a principal building
shall be considered part of the principal building, and the total
structure shall adhere to the yard setback requirements for the principal
building, regardless of the technique of connecting the principal
and accessory buildings.
(2)
Accessory buildings which are not a part of the main building, and
are not a detached accessory garage, may be constructed in a rear
yard setback area, provided that such accessory building does not
contain more than 400 square feet of area in the Residential District
or 600 square feet of area in another permitted district, and provided
that the accessory building shall be located at least five feet from
a side lot line and at least five feet from a rear lot line.
[Amended 1-14-2014 by Ord. No. 14-02; 1-9-2018 by Ord. No. 18-04]
(3)
Except as herein provided, no accessory building shall
project beyond a required yard line along any street.
(4)
Accessory uses may be conducted on any lot, provided
the use complies with the provisions of this chapter.
(5)
Height and area of accessory building. Accessory buildings
shall not exceed one story or 18 feet in height and may not occupy
more than 20% of the yard in which it is located or a maximum of 600
square feet, whichever is smaller, except that agricultural buildings
are excluded from these requirements.
(6)
Patios
that are not part of a building may extend not more than five feet
into the front and rear yard setback area.
[Amended 11-13-2018 by Ord. No. 19-07; 1-10-2023 by Ord. No. 23-03]
A.
There
shall be only one principal use and one building on any lot in any
district with a residential use, except apartment or townhouse developments
receiving site plan approval where all uses are permitted for that
zone.
B.
The minimum
gross livable floor area (as defined by the applicable International
Residential Code) per residential unit other than apartments is 1,200
square feet.
Every building hereafter erected or moved shall
be on a lot adjacent to a public street or with access to an approved
private street and all structures shall have safe and convenient access
for servicing, fire protection and required off-street parking.
A.
On any corner lot, no wall, fence, or other structure
shall be erected or altered and no hedge, tree, shrub or other growth
shall be maintained which may cause danger to traffic on a street
by obscuring views.
B.
Notwithstanding other provisions of this chapter,
fences, walls and hedges may be permitted in any yard or along the
sides or front edge of any front yard, provided they shall not be
over four feet in height. No fence or wall along the rear side or
rear edge of any yard shall be over six feet in height.
In any district on a corner lot, sight distance
triangles shall be required, in which no grading, planting or structures
shall be erected or maintained along the street side more than one
foot above the street center line.
A.
In the setback areas of any commercial establishment
in any zoning district adjacent to Route 26 or Route 17, a landscape
plan shall be submitted and approved with each site plan. Setback
areas shall retain existing vegetated areas to the maximum extent
possible. Screening of service yards and other places that tend to
be unsightly shall be accomplished by the use of walls, fencing, planting
or combinations of these. Screening shall be effective in winter and
summer. In areas where vegetation does not exist, additional landscaping
shall be provided utilizing earth mounds or plant material, or both.
Landscape plantings should be indigenous to local areas and should
provide a soft visual buffer between the roadway and the commercial
use. Nonnative invasive species are prohibited.
B.
All open areas other than those areas used for parking
purposes shall be landscaped and maintained by the property owner.
The front of the building as determined by the
owner of any corner lot shall not be used for the storage of motor
vehicles, garbage cans or trash cans. The front of any such building
shall also have an entranceway into the building.
In the case of a lot extending through from
one street to another, front yard setback requirements shall be observed
on both streets.
No part of a yard, or other open space, or off-street
parking or loading space required about or in connection with any
building for the purpose of complying with this chapter, shall be
included as part of a yard, open space, or off-street parking or loading
space similarly required for any other building.
Mobile homes are prohibited in all districts.
A.
Automotive vehicles of any type or kind without current
license plates shall not be parked or stored on any property other
than completely within enclosed buildings.
B.
For purposes of this chapter, "major recreational
equipment" is defined as including boats and boat trailers, travel
trailers, camper trailers or coaches designed to be mounted on automotive
vehicles, motorized dwellings, tent trailers and the like, and cases
or boxes used for transporting recreational equipment whether occupied
by such equipment or not.
C.
No major recreational equipment shall be parked or
stored on any lot in a residential zone except in a carport or enclosed
building or behind the farthest building from the street unless space
prohibits. If space is not available behind the farthest building,
vehicles may be parked or stored in a side yard unobtrusive to neighbors.
D.
Such equipment may, however, be parked anywhere on
residential property not to exceed 24 hours during loading or unloading.
E.
No such equipment shall be used for living, sleeping
or housekeeping purposes when parked or stored on residential property.
F.
Property owners who wish to sell their own private
vehicle may place it for sale on their property for a period not to
exceed 30 days so long as such vehicle is at least 20 feet from the
road right-of-way and in no way obstructs traffic or the vision of
motorists.
A.
Purpose. In order to facilitate the movement of police,
fire and other emergency vehicles, to lessen congestion in the streets,
to prevent obstructing traffic and blocking of streets, alleys, and
entrances to buildings, the following regulations are established.
B.
Specific requirements by use. Any building or structure
erected or structurally altered, or any building or structure converted
or changed to the uses provided below shall provide the required off-street
parking facilities.[1]
[1]
Editor's Note: The table showing off-street parking requirements by use is included as an attachment to this chapter.
C.
Design standards for parking areas:
(1)
An off-street parking space is an all-weather, surfaced
area;
(2)
Not located in any street or alley;
(3)
Off-street parking spaces shall not be less than 10
feet by 20 feet in size, exclusive of driveways and maneuvering areas;
(4)
Permanently reserved for the temporary storage of
one vehicle;
(5)
Connected with a street or alley by a paved driveway
which affords ingress and egress;
(6)
Each parking space shall be set back a minimum of
20 feet from the public right-of-way;
(7)
There shall be no more than one driveway per 100 feet
of lot frontage;
(8)
Off-street parking facilities shall be drained to
eliminate standing water, prevent damage to abutting property and/or
public streets or alleys;
(9)
Surfaced with erosive-resistant material in accordance
with the specifications of the Delaware Department of Transportation;
(10)
Off-street parking facilities shall be maintained
in a clean and orderly condition at the expense of the owner or lessee
of the premises;
(11)
May not be used for the sale, repair or dismantling
or servicing of any vehicles, equipment, material or supplies;
(12)
Parking spaces in lots of more than five spaces
shall be marked by painted lines or curbs or by other means as necessary
to insure efficient traffic operation of parking facilities;
(13)
Parking may be permitted in the setback areas,
provided that no more than 50% of any setback area may be used for
off-street parking and the remaining portion of the setback area shall
be landscaped. Parking shall be permitted in rear yard setback areas;
provided, however, that a fifteen-foot landscaped buffer is required
between parking and adjacent residential uses. Parking is not permitted
in front yard setback areas;
(14)
Parking lots with 25 spaces or more shall plant
one shade tree for every 10 spaces on the parking lot premises; and
(15)
C1 and C2 commercial district parking designs are as follows:
[Added 8-11-2015 by Ord.
No. 16-01]
(a)
For buildings over 5,000 square feet accommodating multiple
principal uses (such as those in small shopping centers), the total
amount of required parking may be reduced by up to 5% for each additional
5,000 square feet of floor area. Thus a five-thousand-square-foot
retail building would require 16.67 spaces (at one per 300 square
feet) but a mixed-use ten-thousand-square-foot building would require
only 30 spaces.
(b)
When a site plan is submitted for a proposed commercial property
and shows significant improvements to the designated parking area,
the Town Council may approve a reduction in the number of required
parking spaces for good cause shown. Improvements and good design
(in excess of minimum requirements) to the parking lot area includes
landscaping, site amenities, improved access and flow, safe pedestrian
walkways and alternative pervious pavement treatments.
D.
Location of parking. A private parking area shall
not be located in any required front yard space, except that nothing
shall prohibit an owner of a home from counting his driveway as one
parking space per dwelling unit.
A.
Buffer. Buffer areas are required along property and
street lines of all commercial, industrial, and institutional (e.g.,
churches, schools, hospitals) uses where said property lines or the
center of the street are also zoning district lines. Buffer areas
shall comply with the following standards:
(1)
The buffer area shall be measured from the district
boundary line or from the nearest street line where that street center
line serves as the district boundary line.
(2)
Buffer areas shall be maintained and kept clean of
all debris, rubbish, weeds, and tall grass.
(3)
No structure, activity, storage of materials, or parking of vehicles shall be permitted in the buffer area or such large portions of the buffer area as specified for a particular zoning district in Article VI. However, access drives from public streets, one unlighted directional sign per each direction of traffic per access drive, and permitted signs as specified in Article IX shall be permitted in the buffer area.
(4)
Buffer widths established in each zoning district
shall meet the following requirements. No less than the exterior half
of the buffer area shall be planted and maintained with grass or ground
cover, massed evergreens, and deciduous trees and shrubs of such species
and size as will produce, within two growing seasons, a screen at
least five feet in height and of such density as will obscure, throughout
the full course of the year, all of the glare of automobile headlights
emitted from the premises. The preservation of all natural features
shall be an integral part of all site plans regardless of their proximity
to required buffer areas.
(a)
Massed evergreens used in screen planting shall
be at least five feet in height when planted and produce a visual
screen year-round.
(b)
The screen planting shall be maintained permanently
and any plant material which does not live shall be replaced within
one year.
(c)
The screen planting shall be so placed that
at maturity it will be no closer than three feet from any street or
property line.
(e)
The screen planting shall be broken only at
points of vehicular and pedestrian ingress and egress.
(5)
No screen planting shall be required along streets
which form district boundary lines, provided that:
B.
Buffer zones for wetlands.
(1)
"Wetlands" is defined as a private or state wetland
as defined by the Delaware Department of Natural Resources and Environmental
Control regulations and maps as promulgated pursuant to Chapter 66,
Title 7, of the Delaware Code, as amended.
(2)
A fifty-foot buffer zone is hereby established from
all designated wetlands. A buffer of 100 feet shall be maintained
from the mean high water line of tidal waters, tidal tributary streams,
and tidal wetlands and from the ordinary high water line of perennial
nontidal rivers and nontidal streams in Millville. Tax ditch buffers
shall be established by the Delaware Department of Natural Resources
and Environmental Control (DNREC).
(3)
No structures, streets, roads, lot lines or other
improvements, except those required for stormwater management or erosion
and sediment control shall be constructed in the buffer zone. The
buffer zone shall be maintained in natural vegetation, but may also
include planted vegetation where necessary to protect, stabilize or
enhance the wetlands area. The buffer may contain walking trails and
other passive recreation amenities, as appropriate.
C.
Electricity. Electric or electronic equipment shall
be shielded so there is no interference with any radio or television
reception at the lot line or beyond as a result of the operation of
such equipment.
D.
Glare. Exterior lighting shall be shielded, buffered,
and directed so that glare will not become a nuisance to adjoining
properties, adjoining districts, or streets.
E.
Heat. No use shall produce heat perceptible beyond
its lot lines. Further, no process shall be permitted which would
cause the temperature to rise or fall in any part of ponds, streams,
or other watercourses.
F.
Odor. Odors shall not be discernible at the lot lines
or beyond.
G.
Storage and waste disposal. No materials or wastes
shall be deposited upon a lot in such form or manner that they may
not be transferred off the lot by natural causes or forces, nor shall
any substance which can contaminate a stream, watercourse, or underground
aquifer or otherwise render such stream, watercourse, or underground
aquifer undesirable as a source of water supply or recreation, or
which will destroy aquatic life, be allowed to enter any stream, watercourse,
or underground aquifer. All materials or wastes which might cause
fumes or dust or which constitute a fire or explosion hazard or which
may be edible or otherwise attractive to rodents or insects shall
be stored indoors and enclosed in appropriate containers adequate
to eliminate such hazards.
H.
Other standards. All other standards, including but
not limited to: radiation, smoke emission, solid particle emission
or steam or noxious gas emission shall be regulated by the Air Pollution
Code of the State of Delaware and shall meet the maximum standards
set forth therein.
As permitted in Article IX relating to general sign regulations.
A.
No gas/service station shall have an entrance or exit
for vehicles within 200 feet along the same side of a street of any
fire house, school, playground, church, hospital, public building
or institution, except where such property is in another block or
abuts another street which the lot in question does not abut.
B.
All appliances, pits, storage areas, and trash facilities,
other than gasoline filling pumps or air pumps, shall be within a
building. Gasoline filling pumps and air pumps shall be permitted
within the required front yard space of service stations, but shall
be no closer than 50 feet to any future street line or 20 feet to
any property line. All lubrication, repair or similar activities shall
be performed in a fully enclosed building and no dismantled parts
shall be displayed outside of an enclosed building. New automotive
parts or accessories for sale or used in the conduct of the business
may be displayed during the business hours of the establishment but
must be located at least 20 feet from any street or property line.
C.
No junked motor vehicles or part thereof, or motor
vehicles incapable of normal operation upon the highways, shall be
permitted on the premises of any gas/service station. It shall be
deemed evidence of violation of this chapter if more than four motor
vehicles incapable of operation are located at any one time upon any
premises not within a closed and roofed building; excepting, however,
that a number not exceeding six motor vehicles may be located upon
any gas/service station premises outside of a closed and roofed building
but a least 20 feet from any street or property line for a period
of time not to exceed four days and providing the owners are awaiting
repair of said motor vehicles.
D.
A buffer strip not less than 10 feet wide shall be
provided along all lot lines, which form a common boundary with any
residential district.
[Added 12-11-2007 by Ord. No. 07-14]
A.
Stormwater retention ponds designed to be a true wet
pond will be designed in such a manner as to provide adequate aeration
using such devices as fountains or aerators, etc.
B.
All stormwater ponds will to the greatest extent possible
be designed, constructed and landscaped in such a way as to blend
with the landscape and appear as natural looking as possible to be
an aesthetic feature for the site.
C.
A landscaping plan for a stormwater pond and its buffer
area indicating how aquatic and terrestrial areas will be vegetatively
stabilized and established is required. Landscape plants should be
those recommended by the Sussex Conservation District for Best Management
Practices.
D.
Maintenance. Whenever a landowner, developer or development
is required to provide on-site stormwater retention and/or surface
drainage to wetland, or whenever other protective environmental measures
including monitoring devices are required, such measures or facilities
shall be provided and maintained at the landowner, developer or HOA
expense. The landowner, developer or HOA shall provide satisfactory
assurance to the municipality whether by written agreement that the
landowner, developer or HOA will bear the responsibility for providing
and maintaining such methods or facilities.
