B.
Location.
(1)
All utility facilities shall be located underground.
(2)
Existing facilities. Existing utility facilities,
located aboveground, shall be removed and placed underground except
those located on public roads and rights-of-way.
(3)
Connections. The developer or subdivider shall install
underground service connections to the street property line of each
platted lot at his/her expense.
A.
Requirement.
(1)
Each lot and each principal use in the Town shall
be connected to the Town's water supply and distribution system.
(2)
Every development, subdivision, and planned residential
community shall be provided with a community water supply and distribution
system and appropriately spaced fire hydrants that are connected to
Town's water supply and distribution system.
B.
Design and construction standards.
(1)
Water facilities, including appropriately spaced fire
hydrants, shall be designed and constructed in accordance with the
Delaware State Fire Prevention Regulations and, as applicable, additional
standards established by the Town, the county, or the State Department
of Natural Resources and Environmental Control.
(2)
Required water supply systems shall be constructed
without cost to the Town and shall become a part of the Town system
upon satisfactory completion of the work.
A.
Requirement.
(1)
Each lot and each principal use in the Town shall
be connected to the Town's sanitary sewage collection and disposal
system.
(2)
Every development, subdivision, and planned residential
community shall be provided with a community sanitary sewer system
connected to the Town's municipal sewage system.
B.
Design and construction standards.
(1)
Sanitary sewer facilities shall be designed and constructed
in accordance with standards and specifications established by the
Town, the county, or the State Department of Natural Resources and
Environmental Control, as applicable.
(2)
Required sewage facilities shall be constructed without
cost to the Town and shall become a part of the Town system upon satisfactory
completion of the work.
A.
Requirement. All public streets, sidewalks, and other
common areas or facilities shall be sufficiently illuminated to ensure
the security of property and the safety of persons utilizing such
streets, sidewalks, and other common areas or facilities.
B.
Design and construction standards.
(1)
Lighting on facilities to be maintained by the state
shall be constructed to applicable state standards.
(2)
Lighting on facilitates to be maintained by the Town
shall be constructed to applicable Town standards.
(3)
Lighting of private areas shall be provided in accordance
with applicable Town standards.
[Added 3-11-2019 by Ord.
No. 19-2]
A.
Applicability. This section applies to all wireless communications facilities as defined in this section. Applicants seeking to construct, erect, relocate or alter a wireless communications facility shall be required to obtain a wireless communications facility permit from the Town and in accordance with this Section 234-68.1.
B.
Purposes. The purpose of this section is to:
(1)
Accommodate the need for wireless communications facilities
while regulating their location and number in the Town and to ensure
compliance with all applicable Town, state and federal governmental
regulations.
(2)
Minimize any adverse and visual effects of wireless communications
facilities, antenna(s) and antenna support structures through proper
design, siting and screening.
(3)
Ensure the structural integrity of the antenna support structure
through compliance with applicable industry standards and regulations.
(4)
Encourage the joint use of any new antenna support structures
to reduce the number of such structures needed in the future.
(5)
Promote the health, safety and welfare of the residents of the
Town.
C.
ANTENNA
ANTENNA SUPPORT STRUCTURE
ANTENNA SUPPORT STRUCTURE HEIGHT
COLLOCATION
EXISTING SUPPORT STRUCTURE
LAND SITE
MINOR MODIFICATIONS
SUBSTANTIAL INCREASE
(1)
(2)
(3)
WIRELESS COMMUNICATIONS EQUIPMENT BUILDING
WIRELESS COMMUNICATIONS FACILITY
Definitions. The following definitions shall apply to the regulations
and standards in this section.
A device used to collect and/or transmit wireless communications
or radio signals, including panels, microwave dishes and single 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.
The act of siting wireless communications facilities on an
existing support structure without the need to construct a new support
structure and without a substantial increase in the size of an existing
wireless communications facility.
A previously erected structure designed to support wireless
communications facilities including, but not limited to, monopoles,
towers, and other freestanding self-supporting structures.
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.
Improvements to existing a wireless communications facility
that result in some material change to the wireless communications
facility or wireless communications equipment building but of a level,
quality or intensity that is less than substantial increase.
A substantial increase occurs when:
The mounting of the proposed antenna on an existing support
structure would increase the height of the existing support structure
by more than 5% or by 10 feet, whichever is greater;
The mounting of the proposed antenna would involve adding an
appurtenance to the body of the existing support structure that would
protrude from the edge of the existing structure more than 10 feet;
or
The mounting of the proposed antenna would involve excavation
outside the current existing support structure site, defined as the
current boundaries of the leased or owned property surrounding the
existing support structure and any access or utility easements currently
related to the site.
A building or cabinet in which electronic receiving, relay
or transmitting equipment for a wireless communications 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. "wireless communication facility" shall not include
devices affixed to a residence, building or appurtenance solely for
the noncommercial reception of television services.
D.
Where allowed. Wireless communications facilities may be attached to existing support structures, and new wireless communications facilities and antenna-support structures may be constructed as follows, provided that they meet the criteria set forth in this § 234-68.1 and other applicable criteria under this Code.
E.
Application requirements. All applicants seeking to construct, erect, relocate or alter a wireless communications facility shall demonstrate compliance with this § 234-68.1 on application forms provided by the Town and presented to the Board of Adjustment for a wireless facilities permit, accompanied by the fee and the following documents:
(1)
Copy of the typical specifications for proposed structures and
antenna, including description of design characteristics and material.
(2)
For new facilities, a site plan to scale showing property boundaries,
structures located within 150 feet of the property boundaries where
the new facility is to be located, 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 properties.
(3)
A current map, or updated map for an existing map on file, showing
locations of 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 all 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 written agreement to remove the tower and/or antenna within
180 days after cessation of use.
(9)
Proof of liability insurance procured for the Town 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, in a form
approved by the Town Solicitor.
(10)
Evidence that the standards as set forth in this section have
been met.
(11)
Any additional information required by the Town for determination
that all applicable zoning regulations are met.
F.
Standards.
(1)
Location.
(a)
The proposed communication tower, antenna or accessory structure
will be placed in a reasonably 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 appropriately.
(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 150
feet.
(3)
Setbacks.
(a)
The minimum distance between the base of any antenna support
structure and any property line or right-of-way line shall be the
minimum yard setback in the underlying zoning district.
(b)
The minimum distance between the base of any guy wire anchors
and any property line or 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 the antenna(s) is mounted
on an existing structure. The security fence shall be a minimum of
six feet in height, maximum of 12 feet, as determined by the Board
of Adjustment, and maintained in proper condition. Barbed wire or
razor fencing may be permitted as determined by the Board of Adjustment.
(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 one space
provided. All parking spaces shall be constructed to conform to applicable
stormwater management regulations.
(6)
Signs. No signs or other structures shall be mounted on the
wireless communications facility, except as may be required by the
FCC, FAA or other governmental agencies.
(7)
Lighting. Antenna support structures shall meet all Federal
Aviation Administration (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 malfunction 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 a 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 that
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 tress (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 collocation; 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 collocation, where possible, for 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 collocation 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 smokestacks, water towers
and buildings housing existing antenna support structures) within
a one-mile radius of the site proposed, requested permission to install
the antenna(s) on those structures, and has been denied. An application
to construct a new antenna support structure should be denied if the
applicant has not made a good faith effort to mount the antenna(s)
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 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 anticlimbing
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 Standard Safety Levels with Respect to Human Exposure
to Radio Frequency Electromagnetic Fields."
(c)
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.
(d)
Vandalism and graffiti will be reported to the Bridgeville Police
Department. Violation notices shall be issued only after vandalism
or graffiti has remained for more than 72 hours after being first
noted by the Police Department. 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.
Review criteria.
(1)
Compatibility of the proposed structure with the height and
mass of the existing buildings in the area.
(2)
The location of the antenna in relation to existing vegetation,
topography, and buildings to obtain the best visual screening.
(3)
Visual and economic impact upon adjacent properties.
(4)
Compliance with Federal Communications Commission (FCC) emission
standards.
(5)
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.
(6)
Each tower location shall evaluate whether the collocation 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.
Administrative review.
(1)
Collocations or minor modifications may be approved after evaluation of an application by the Town Manager or their designee. This process is not subject to a public hearing and the Town Manager may grant approval if the application is in accordance with the standards set forth in this § 234-68.1.
I.
Time requirements.
(1)
Within 30 days of the receipt of an application for wireless
communications facilities review, the Town Manager or designee shall
either: (1) inform the applicant in writing the specific reasons why
the application is incomplete and does not meet the submittal requirements;
or (2) deem the application complete. If the Town Manager or designee
informs the applicant of an incomplete application within 30 days,
the overall time frame for review is suspended until such time that
the applicant provides the requested information.
(2)
An applicant that receives notice of an incomplete application
may submit additional documentation to complete the application. An
applicant's unreasonable failure to complete the application within
60 days after receipt of written notice shall constitute a withdrawal
of the application without prejudice. An application withdrawn without
prejudice may be resubmitted upon the filing of a new application
fee. The Board of Adjustment, or the Town Manager or designee if the
applicant has requested administrative review, must issue a written
or oral decision granting or denying the application within 90 days
of the submission of the initial application unless:
(a)
Town Manager or designee notifies applicant that its application
was incomplete within 30 days of filing. If so, the remaining time
from the ninety-day total review time is suspended until the applicant
provides the missing information; or
(b)
Extension of time is agreed to by the applicant. Failure to
issue a written decision within 90 days shall constitute an approval
of the application.
(3)
Should the Board of Adjustment deny the application, the Board or the Town Manager or designee shall provide written justification for the denial. The denial must be based on substantial evidence of inconsistencies between the application and this § 234-68.1.
(4)
Applicant may appeal any decision of the Board of Adjustment
approving, approving with conditions, or denying an application as
provided by law. Denial of an administrative review application may
be appealed to the Board of Adjustment.
A.
General requirement. Provision shall be made for each
lot and principal use in the Town to be connected to utility services,
including, but not limited to, gas, electricity, telephone, fiber
optic, and cable television.
B.
Electric and telecommunications.
(1)
Electrical and telephone wires and cables, both main
and service lines, shall be placed underground in accord with the
rules and specifications of the Public Service Commission and any
applicable ordinances of Sussex County.
(2)
All main underground cables that are within the right-of-way
of a street shall be located as specified by the Town, the county,
and the State Department of Transportation. Underground electric and
telephone lines may be located in front yards. Where alleys are used,
utilities shall, if possible, be located in the alleys.
C.
Gas or other underground utilities. Gas or other underground
utilities shall be planned in coordination with other utilities and
easements for all utility locations.
