Milton to hold Sept. 12 hearing on commercial towers ordinance

Milton Town Council will hold a public hearing Monday, Sept. 12, on an ordinance that would set parameters and requirements for commercial entities seeking to build communications towers within the town.

The ordinance would add a new subsection to town zoning code dealing specifically with wireless communications towers. While current town code does have regulations for the construction and operation of antennas, towers and satellite dishes in both commercial and private contexts, this new section would provide a framework for commercial towers to be reviewed on a case-by-case basis, with regulations that all parties would know ahead of time.

Milton Planning and Zoning Commission, in an advisory report to town council, said, “The zoning ordinance provides few specific regulations with respect to commercial communications towers and antennas. This is in contrast to Sussex County and nearby municipalities.”

The need for such regulations arose as a result of the controversial proposed Verizon cell tower to be located on Front Street. While that tower has not been granted final site-plan approval by planning and zoning, it was granted a special-use permit and has been given preliminary site-plan approval.

Residents have spoken in opposition to the proposed 140-foot tower, primarily due to its location, which floods frequently and is in one of the entrances to Milton. Verizon has said the Front Street location and height of the tower will give the best cellphone coverage for Verizon customers in Milton. Approvals of the special-use permit and preliminary site plan have both been appealed by residents, with council upholding the commission’s decision. Additional appeals have been threatened should final site-plan approval be granted.

The new ordinance essentially takes conditions that planning and zoning imposed on Verizon and codifies them into law. Besides a special-use permit and site-plan approval, applicants seeking to build a tower within town must also submit structural engineering reports showing the tower’s ability to withstand high winds, a line-of-sight analysis showing the aesthetic impacts of the tower, and documentation that the tower complies with Federal Aviation Administration regulations. Fencing and screening are required, and the owner must have in place a written agreement to remove the tower within 180 days after ceasing use.