[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:
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.
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.
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.
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.
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 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]
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:
(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.
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.
