Provision shall be made for each lot and principal use in the Town to be connected to utility services.

Developers/subdividers shall provide required utilities at their expense and dedicate them to the Town, county, or other entity as applicable.

All utility facilities shall be located underground.

Existing facilities. Existing utility facilities, located aboveground, shall be removed and placed underground except those located on public roads and rights-of-way.

Connections. The developer or subdivider shall install underground service connections to the street property line of each platted lot at his/her expense.

Easements shall be provided for public and private utilities.

Easements shall be at least 10 feet wide.

The developer or subdivider or developer and the applicable utility companies shall coordinate the establishment of utility easements established in adjoining properties.

Each lot and each principal use in the Town shall be connected to the Town's water supply and distribution system.

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.

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.

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.

Each lot and each principal use in the Town shall be connected to the County's sanitary sewage collection and disposal system.

Every development, subdivision, and planned residential community shall be provided with a community sanitary sewer system connected to the County's municipal sewage system.

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.

Required sewage facilities shall be constructed without cost to the Town and shall become a part of the County system upon satisfactory completion of the work.

Lighting on facilities to be maintained by the state shall be constructed to applicable state standards.

Lighting on facilitates to be maintained by the Town shall be constructed to applicable Town standards.

Lighting of private areas shall be provided in accordance with applicable Town standards.

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.

Minimize any adverse and visual effects of wireless communications facilities, antenna(s) and antenna support structures through proper design, siting and screening.

Ensure the structural integrity of the antenna support structure through compliance with applicable industry standards and regulations.

Encourage the joint use of any new antenna support structures to reduce the number of such structures needed in the future.

Promote the health, safety and welfare of the residents of the Town.

On any site owned by or in the possession and control of the Town.

On any state, county, or municipal site for its own internal communication needs.

On any private property.

Copy of the typical specifications for proposed structures and antenna, including description of design characteristics and material.

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.

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.

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.

Identification of the owners of all antennas and equipment to be located on the site.

Written authorization from the site owner for the application.

Evidence that a valid FCC license for the proposed activity has been issued.

A written agreement to remove the tower and/or antenna within 180 days after cessation of use.

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.

Evidence that the standards as set forth in this section have been met.

Any additional information required by the Town for determination that all applicable zoning regulations are met.

Location.

Height.

Setbacks.

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.

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.

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.

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.

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.

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:

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.

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.

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.

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.

Compatibility of the proposed structure with the height and mass of the existing buildings in the area.

The location of the antenna in relation to existing vegetation, topography, and buildings to obtain the best visual screening.

Visual and economic impact upon adjacent properties.

Compliance with Federal Communications Commission (FCC) emission standards.

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.

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:

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.

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.

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:

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.

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.

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.

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.