Village of Pulaski, NY
Oswego County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Trustees of the Village of Pulaski 8-10-1998 by L.L. No. 1-1998. Amendments noted where applicable.]
GENERAL REFERENCES
Zoning — See Ch. 160.
The Village of Pulaski recognizes the increased demand for wireless communications transmitting facilities and the need for services they provide. Often these facilities require the construction of a communications tower. The intent of this chapter is to regulate telecommunications facilities, as herein defined, in order to achieve the following:
A. 
Promote the health, safety, and general welfare of the residents of the Village of Pulaski.
B. 
Protect the natural features and aesthetic character of the Village of Pulaski.
C. 
Provide standards for the safe provision of telecommunication facilities consistent with applicable federal and state regulations.
D. 
Protect the Village's interest in properly siting towers in a manner consistent with sound land use planning, while also allowing wireless services providers to meet their technological and service objectives.
As used in this chapter, the following terms shall have the meanings indicated:
ACCESSORY STRUCTURE
An accessory facility or structure serving or being used in conjunction with a telecommunication facility or tower and located on the same lot as a telecommunication facility or tower. Examples of such structures include utility or transmission equipment, storage sheds or cabinets.
ANTENNA
A system of electrical conductors that transmit or receive radio frequency signals. Such signals shall include but not be limited to radio, television, cellular, paging, PCS and microwave communications.
CAMOUFLAGING
The construction of facilities to house or support telecommunications towers so that the towers blend readily with the landscape, neighborhood, and adjacent architectural features. Examples of camouflaging that could be used are: silo and barn, windmill, and simulated tree.
COLLOCATED ANTENNAS
Telecommunication facilities which utilize existing towers, buildings or other structures for placement of antenna(s) and which do not require construction of a new tower.
TELECOMMUNICATIONS FACILITIES
Towers and/or antennas and accessory structures used in connection with the provision of cellular telephone service, personal communications services (PCS), paging services, radio and television broadcast services and similar broadcast services. The following types of telecommunication facilities are not subject to the provisions of this section:
A. 
Antennas used solely for residential household television and radio reception.
B. 
Satellite antennas measuring two meters or less in diameter and located in commercial districts and satellite antennas one meter or less in diameter, regardless of location.
TOWER
A structure designed to support antennas. It includes, without limit, freestanding towers, guyed towers, monopoles and similar structures which employ camouflage technology.
A. 
No telecommunication facility shall hereafter be used, erected, moved, reconstructed, changed or altered except in conformity with these regulations.
B. 
No existing structure shall be modified to serve as a transmission tower, communication tower, satellite dish, antenna, pole or other similar use unless in conformity with these regulations.
C. 
Where these regulations conflict with other laws and regulations of the Village of Pulaski, the more restrictive shall apply.
A. 
Communication towers in districts other than Residential Use District. New communication towers and accessory facilities/structures shall be permitted in any of the following districts upon issuance of a special use permit by the Village Planning Board and in conformance with this chapter.[1]
(1) 
B-1.
(2) 
B-2.
(3) 
Industrial.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
B. 
Communication towers prohibited in certain districts. New communication towers and accessory structures are not permitted in the following districts: R Residence Use District. [2]
[2]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
C. 
Location preference for higher-intensity use districts.
(1) 
It is preferred by the Village of Pulaski that telecommunication facilities and accessory uses locate in a higher intensity use district or on higher intensity use property, provided there is a technologically feasible and available location. The preferred locations, from most favorable to least favorable district/property, are as follows:
(a) 
Property with an existing structure suitable for collocation.
(b) 
Industrial.
(c) 
B-2.
(d) 
B-1.
(2) 
In any district telecommunication facilities will be discouraged from locating in close proximity to residential land uses. The Village Planning Board is authorized to review, evaluate and determine the appropriateness of the location of a telecommunication facility in any approved district, based upon a reasonable evaluation of its impact or effect upon the aesthetic character of the area immediately surrounding the facility site. In the event that the Planning Board determines that the location of the telecommunication facility will irreparably damage the surrounding neighborhood or area, the Board may choose, in its sole discretion, to request that the applicant investigate one or more alternate locations in order to avoid an irreparable damage or effect upon the adjacent area. In such event, the Board may direct the applicant to investigate facility placement in another use classification area, even if such use classification is ordinarily deemed to be a less preferred location or site for a telecommunication facility.
D. 
Collocated antennas.
(1) 
Telecommunications facilities comprised of collocated antennas utilizing existing buildings or structures other than towers shall be permitted in any district upon the Planning Board granting a special use permit and in accordance with the standards set forth in this chapter.
(2) 
Collocated antennas on existing towers shall be permitted in any district upon the granting of a special use permit by the Planning Board, in accordance with the standards set forth in this chapter.
E. 
Public hearings. All applications for telecommunications facilities submitted to the Planning Board shall be considered at public noticed hearings.
No special use permit or renewal thereof or modification of a current special use permit relating to a telecommunication facility shall be authorized by the Planning Board unless it finds that such telecommunication facility:
A. 
Is necessary to meet current or expected demands for services;
B. 
Conformed with all applicable regulations promulgated by the Federal Communications Commission, Federal Aviation Administration, and other federal agencies;
C. 
Is considered a public utility in the State of New York;
D. 
Is designed and constructed in a manner which minimizes visual impact to the extent practical;
E. 
Complies with all other requirements of this chapter, unless expressly superseded herein;
F. 
Is the most appropriate site among those available within the technologically feasible area for the location of a telecommunications facility.
A. 
All applications for a special use permit shall be by written application on forms provided by the Village of Pulaski.
B. 
Each applicant for a telecommunications facility shall submit an environmental assessment form (long form) with visual addendum, and an analysis demonstrating that location of the telecommunications facility as proposed is necessary to meet the frequency reuse and spacing needs of the applicant's telecommunications system and to provide adequate service and coverage to the intended area. The Planning Board may require submission of a more detailed visual analysis based on the results of the visual EAF.
C. 
Each applicant shall submit a site plan prepared to scale and in sufficient detail and accuracy showing at a minimum:
(1) 
The exact location of the proposed telecommunication facility and/or tower together with any guy wires and anchors, if applicable;
(2) 
The maximum height of the proposed telecommunications facility and/or tower;
(3) 
Detail of tower type (monopole, guyed freestanding or other);
(4) 
The location, type and intensity of any lighting on the tower;
(5) 
Property boundaries and names of adjacent land owners within 500 feet of the parcel on which the tower is located;
(6) 
Proof of the landowners' consent if the applicant does not own the property;
(7) 
The location of all structures on the property and all structures on any adjacent property within 10 feet of the property lines, together with the distance of these structures to the communications tower;
(8) 
The location, nature and extent of any proposed fencing, landscaping and/or screening; and
(9) 
The location and nature of proposed utility easements and access road, if applicable.
D. 
The applicant shall in writing identify the location of any additional sites that they are or will be considering or reviewing for telecommunication facilities and/or towers in the Village of Pulaski and all adjacent towns, for a period of two years from date of application and must be updated annually.
E. 
Each applicant shall provide an inventory report as described in § 142-7B(1).
F. 
All applicants applying for telecommunication facilities agree to reimburse the Village for consultants and/or specialists to assist in the applications.
G. 
All applicants must certify that transmission from their telecommunication facility will not interfere with existing signals such as household television and radio, etc.
The following criteria and additional requirements shall apply to each application for a telecommunications facility.
A. 
Dimensional standards.
(1) 
Setbacks.
(a) 
All new towers shall be set back from all adjacent property lines a sufficient distance to safeguard the general public and/or adjacent property. In the absence of any evidence supporting a greater or lesser setback distance, a setback of the tower from any adjacent property line equal to the height of the tower plus 50 feet shall be deemed adequate. In no case shall a tower be located closer than 1,000 feet to a residential dwelling located upon any other parcel.
(b) 
Accessory structures and guy anchors must comply with the minimum setback requirements of the underlying district.
(2) 
All telecommunication facilities shall be located on a single parcel. A lot leased or owned for the purpose of construction of a tower as part of a telecommunications facility shall not result in the creation of a nonconforming lot.
B. 
Collocation.
(1) 
The shared use of existing telecommunications facilities shall be preferred to the construction of new facilities. Additionally, where such shared use is unavailable, location of an antenna on preexisting structures shall be considered. Land availability in the Village of Pulaski for such use is limited and applicants shall make every effort to utilize existing facilities. Any special permit application, renewal or modification thereof shall include proof that reasonable efforts have been made to collocate within (share) an existing telecommunication facility or upon an existing structure. Copies of written requests and responses for shared use shall be provided. The application shall also include an adequate inventory report specifying existing telecommunication facility sites and structures exceeding 75% of the height of the proposed tower within the search range of the cell grid. The inventory report shall contain an alternative to new construction.
(2) 
The applicant must demonstrate that the proposed telecommunication facility cannot be accommodated on existing telecommunications facilities sites or other structures in the inventory due to one or more of the following reasons:
(a) 
The planned equipment would exceed the structural capacity of existing and approved telecommunication facilities or other structures, considering existing and planned use for those facilities;
(b) 
The planned equipment would cause radio frequency interference with other existing or planned equipment which cannot be reasonably prevented;
(c) 
Existing or approved telecommunications facilities or other structures do not have space on which proposed equipment can be placed so it can function effectively and reasonably;
(d) 
Other technical reasons make it impracticable to place the equipment proposed by the applicant on existing facilities or structure;
(e) 
The property owner or owner of the existing telecommunication facility or other structure refuses to allow such collocation.
(3) 
The applicant must examine the feasibility of designing a proposed commercial communication tower to accommodate future demand for commercial broadcasting and reception facilities. The scope of this analysis shall be determined by the Village Planning Board for special use permit approvals. This requirement may be waived, provided that the applicant demonstrates that the provision of future shared usage of the facility is not feasible and an unnecessary burden, based upon:
(a) 
The number of FCC licenses foreseeable available for the area;
(b) 
The kind of tower site and structure proposed;
(c) 
The number of existing and potential licenses without tower spaces/sites;
(d) 
Available spaces on existing and approved towers; and
(e) 
Potential adverse visual impact by a tower designed for shared usage.
C. 
Lighting and markings.
(1) 
Towers shall not be artificially lighted and marked beyond the requirements of the Federal Aviation Administration (FAA).
(2) 
Notwithstanding the preceding subsection, an applicant may be compelled to add FAA-style lighting and marking if in the judgment of the Planning Board such a requirement would be of direct benefit to public safety.
D. 
Appearance and buffering.
(1) 
The use of any portion of a telecommunications facility for signs, promotional or advertising purposes, including but not limited to company name, phone numbers, banners, streamers, and balloons is prohibited.
(2) 
The facility shall have the least practical visual effect on the environment, as determined by the Planning Board. Any tower that is not subject to FAA-markings shall otherwise:
(a) 
Have a galvanized finish, or shall be painted gray or green below the tree line, as deemed appropriate by the Village Planning Board; or
(b) 
Be disguised or camouflaged to blend in with the surroundings, to the extent that such alteration does not impair the ability of the facility to perform its designed function.
(3) 
Accessory structures shall maximize the use of building materials, colors, and textures designed to blend in with the natural surroundings.
(4) 
The Village Planning Board shall require that the facility have appropriate vegetative buffering around the fences of the tower base area, accessory structure and the anchor points of guyed towers to buffer their view from neighboring residences, recreation areas, or public roads. Such screening shall include the maximum feasible retention of existing vegetation.
E. 
Traffic access and safety.
(1) 
A gated and locked road turnaround and two parking spaces shall be provided to assure adequate emergency and service access. Maximum use of existing roads, public or private, shall be made. Road construction shall at all times minimize ground disturbance and vegetation cutting and road grades shall closely follow natural contours to assure minimal visual disturbance and reduce soil erosion potential.
(2) 
All towers and guy anchors, if applicable, shall be enclosed by a fence not less than eight feet in height or otherwise sufficiently secured to protect them from trespassing or vandalism. All such fenced areas shall be screened as provided in Subsection D(4) above.
(3) 
The applicant must comply with all applicable state and federal regulations, including but not limited to FAA and FCC regulations, and must submit written evidence of such compliance.
(4) 
The applicant shall in each instance provide a certification from a qualified, licensed engineer, certifying that the tower or telecommunications facility meets structural safety standards.
F. 
Height. The applicant shall submit sufficient information to justify the proposed height of a tower as the minimum necessary to achieve its coverage objectives. In no event, however, shall any tower exceed a height of 199 feet above existing adjoining grade level. The applicant must also submit documentation justifying the height of any telecommunication tower and/or antenna. The maximum height of any tower with antenna shall not exceed a height which will require artificial lighting of any kind and nature in accordance with any town, county, state, and federal laws or regulations without first obtaining an area variance from the Zoning Board of Appeals.
A. 
The applicant shall agree, in writing, to remove the tower or antennas if the telecommunications facility becomes obsolete or ceases to be used for its intended purpose for six consecutive months. Removal of such obsolete and/or unused towers shall take place after six months of cessation of use. Such agreement shall also include a commitment by the applicant to impose a similar obligation to remove any unused and/or obsolete tower or antennas upon any person subsequently securing rights to collocate on the tower or telecommunication facility.
B. 
Bond/security. The applicant shall be required to execute and file with the Village Clerk-Treasurer a bond or other form of security acceptable to the Town Attorney and Comptroller (or the Village's Financial Officer), as to form and manner of execution, in an amount sufficient in the reasonable discretion of the Village, for the faithful performances of the terms and conditions of the permit or approval issued hereunder, for the observation of all Village local laws or ordinances, to cover the maintenance of the tower during its lifetime, and provide for the removal and restoration of the site subsequent to its removal. The amount required shall be determined by the Village Planning Board in its special use permit procedure. The amount of the bond or security shall be no less than 150% of the cost of removal of the tower and restoration of the site, and shall be reviewed and adjusted at five-year intervals.
C. 
In the event of default upon performance of such conditions or any of them, the bond or security shall be forfeited to the Village of Pulaski, which shall be entitled to maintain an action thereon. The bond or security shall remain in full force and effect until the removal of the transmission tower, telecommunication tower, communications installation, freestanding tower, satellite dish, antenna, pole, accessory facility/structure, and site restoration.