Enacts the wireless facility siting act

Summary of specific provisions

Section 1: Legislative Intent.

Section 2: Establishes the wireless Facility Siting Act.

Section 3: Adds General Municipal Law Article 13-E to establish minimum state-wide standards for municipal review and approval of cell towers. This article relates to the placement, construction and modification of wireless services facilities.

The bill adds a new article 13-E to establish certain permit procedures and requirements that would:

* Require proof of need for the wireless facility, including a county map showing the location of existing wireless facilities;

* Require written notice of the construction of the facility to property owners and residents within 1,000 feet of proposed tower;

* Require that facilities must conform, were reasonably practicable, to the aesthetics of surrounding neighborhood, particularly those areas that are within historic districts or scenic areas;

* Require municipal boards to provide a decision in writing on the approval or denial of the application within 62 days after a public hearing;

* Require applicant to establish an escrow account at the request of the municipality to pay for an independent technical review of the application;

* Provide for the removal of facility by applicant if it is not used for a period over one year; and,

* Prevent wireless facilities from being constructed within 1,500 feet of a school.

* These review standards are minimum state-wide standards. Municipalities would be able to implement local laws that have stricter review standards.

Section 4; Sets an immediate effective date, provided that the requirements of section 3 shall take effect 180 days after it shall become law and will apply to all applications for permits submit on or after the effective date.

Amendments expand the applicability to except this from other contrary provisions of law and expands the scope of lands affected.

Justification

New Yorkers are raising serious environmental and aesthetic concerns regarding the widespread construction of wireless facilities in their communities. Residents, elected officials and wireless companies all agree that there is a need to improve service and eliminate dead zones. However, that need should not justify the reckless placement of wireless towers, sometimes where they are not even needed, without appropriate oversight.

Residents are not given ample opportunity to Comment on the construction of these towers which are being placed near their homes. Further, there can be insufficient oversight by municipalities on how, where and why these towers are being placed in close proximity to residential areas and schools. This bill is designed to promote responsible and efficient placement of wireless facilities.

This bill would require the creation of regulations for the siting of wireless facilities that would include public hearings, and criteria for approval that includes items such as location, aesthetics, public health, and environmental impacts, and the proof of need of these facilities.

Prior legislative history

2006: S.6351 - Referred to Energy & Telecommunications 2008: S.2286 - Referred to Energy & Telecommunications 2009-10: S.1896 - Referred to Energy & Telecommunications

Effective date

This act shall take effect immediately, provided that section three of the act shall take effect on the one hundred eightieth day after it shall have become a law and shall apply to all applications for building permits for wireless facilities submitted on or after the effective date of such section.