[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. Definitions. As used in this section, the following terms shall have
the meanings indicated:
ANTENNA
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."
ANTENNA SUPPORT STRUCTURE
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.
ANTENNA SUPPORT STRUCTURE HEIGHT
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.
LAND SITE
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.
WIRELESS COMMUNICATIONS FACILITY
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.
(11)
Evidence that applicable conditions in Subsection
F of this section are met.
(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.
(3) The process reviewed and approval for this application shall be as a conditional use as set forth in Chapter
155, Zoning, Article
X, Conditional Uses, §
155-50, Procedures; preliminary site plan required.
(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:
[1]
No lighting shall be placed on the site that further illuminates,
advertises, or draws attention to any part of the facility; and
[2]
The mounting of such facility complies in all respects with
all other provisions of this chapter.
(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.
[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.
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.
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.
As permitted in Article
IX relating to general sign regulations.
[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.