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.

To minimize any adverse and visual effects of any wireless communications facilities antenna and antenna support structures through proper design, siting and screening.

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

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

To promote the health, safety and welfare of the residents of the Town.

Attachment of facilities to existing antenna support structures:

Erection of new antenna support structures and wireless communications facilities:

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

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.

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.

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 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 line-of-sight analysis showing the potential visual and aesthetic impacts as well as any attract/detract lighting impacts of the adjacent districts.

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

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.

Evidence that applicable conditions in Subsection F of this section are met.

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

Location.

Height.

Setbacks. In addition to, and not in lieu of, any other applicable setbacks, the following shall apply under this section:

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.

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.

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.

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.

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 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:

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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:

The Town Council may approve the conditional use application with additional conditions.

Cornices, eaves, gutters and chimneys projecting not more than 18 inches;

Bay windows not extending through more than one story and not projecting more than three feet;

One-story open porches, concrete patios, and decks, projecting not more than five feet;

Steps and balconies, projecting not more than five feet; and

Paver patios may encroach no more than half the distance from the rear yard setback to the rear property line.

Cornices, eaves, gutters or chimneys projecting not more than 18 inches.

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.

Mechanical pads/brackets, no greater than 12 square feet, to hold mechanical equipment for the building's systems, together with the mechanical equipment itself.

Steps to porches/patios consisting of no greater than three treads each measuring 10 inches in depth.

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.

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.

Except as herein provided, no accessory building shall project beyond a required yard line along any street.

Accessory uses may be conducted on any lot, provided the use complies with the provisions of this chapter.

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.

Patios that are not part of a building may extend not more than five feet into the front and rear yard setback area.

An off-street parking space is an all-weather, surfaced area;

Not located in any street or alley;

Off-street parking spaces shall not be less than 10 feet by 20 feet in size, exclusive of driveways and maneuvering areas;

Permanently reserved for the temporary storage of one vehicle;

Connected with a street or alley by a paved driveway which affords ingress and egress;

Each parking space shall be set back a minimum of 20 feet from the public right-of-way;

There shall be no more than one driveway per 100 feet of lot frontage;

Off-street parking facilities shall be drained to eliminate standing water, prevent damage to abutting property and/or public streets or alleys;

Surfaced with erosive-resistant material in accordance with the specifications of the Delaware Department of Transportation;

Off-street parking facilities shall be maintained in a clean and orderly condition at the expense of the owner or lessee of the premises;

May not be used for the sale, repair or dismantling or servicing of any vehicles, equipment, material or supplies;

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;

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;

Parking lots with 25 spaces or more shall plant one shade tree for every 10 spaces on the parking lot premises; and

C1 and C2 commercial district parking designs are as follows:

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.

Buffer areas shall be maintained and kept clean of all debris, rubbish, weeds, and tall grass.

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.

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.

No screen planting shall be required along streets which form district boundary lines, provided that:

"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.

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).

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.