S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  6090

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                            November 6, 2015
                               ___________

Introduced  by  Sens.  LITTLE, GRIFFO -- read twice and ordered printed,
  and when printed to be committed to the Committee on Rules

AN ACT to amend the general municipal law, in relation to  enacting  the
  "wireless  broadband  eligible  facility permitting act" providing for
  uniform municipal regulation of certain wireless facilities

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  Legislative  intent.  The  legislature  hereby  finds and
declares that it is the policy of this state  to  ensure  the  safe  and
efficient  integration of certain wireless facility modifications neces-
sary for the provision of broadband and other advanced wireless services
across the entirety of the state. It is the intent of this act to facil-
itate the ongoing demand for access  to  broadband  and  other  advanced
wireless  services  by exempting certain modifications of existing wire-
less facilities from the need for municipal zoning, land  use  or  other
discretionary  siting  permits,  to  eliminate the burdens and resources
dedicated by municipal zoning and land use agencies  to  review  certain
eligible  modifications of such wireless facilities, and create a state-
wide uniform process for municipal permitting of such eligible  facility
modifications.  The  legislature acknowledges and confirms the authority
of local governments to otherwise exercise zoning, land use and  permit-
ting  authority  within  their territorial boundaries with regard to the
placement and construction of wireless  facilities  in  accordance  with
other laws, rules and requirements that may apply to the siting of wire-
less facilities.
  S  2.  Short  title.  This  act shall be known and may be cited as the
"wireless broadband eligible facility permitting act".
  S 3. The general municipal law is amended by adding a new article 13-E
to read as follows:
                              ARTICLE 13-E
                           WIRELESS FACILITIES

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD13137-01-5
              

S. 6090                             2

SECTION 300. DEFINITIONS.
        301. GENERAL MUNICIPAL AUTHORITY OVER SITING OF WIRELESS FACILI-
               TIES.
        302. ELIGIBLE FACILITIES REQUESTS.
        303. APPLICATION TO SUPREME COURT BY AGGRIEVED PERSONS.
        304. PREEMPTION.
  S  300. DEFINITIONS.   FOR THE PURPOSES OF THIS ARTICLE, THE FOLLOWING
TERMS SHALL HAVE THE FOLLOWING MEANINGS  UNLESS  THE  CONTEXT  INDICATES
OTHERWISE.
  1.  "APPLICANT"  SHALL  MEAN  ANY  PERSON WHO FILES AN APPLICATION FOR
WIRELESS INFRASTRUCTURE PURSUANT  TO  A  MUNICIPAL  ZONING  LAW  ADOPTED
PURSUANT  TO  THIS  ARTICLE  OR  AN ELIGIBLE FACILITIES REQUEST WITH THE
MUNICIPAL BUILDING INSPECTOR.
  2. "APPLICATION" SHALL MEAN A ZONING APPLICATION FILED WITH A  MUNICI-
PALITY  FOR  APPROVALS  TO  CONSTRUCT,  OPERATE  AND MAINTAIN A WIRELESS
FACILITY, AN ELIGIBLE FACILITIES REQUEST OR AN APPLICATION  PURSUANT  TO
THE STATE UNIFORM FIRE PREVENTION AND BUILDING CODE.
  3.  "BASE  STATION"  SHALL  MEAN  A  STRUCTURE OR EQUIPMENT AT A FIXED
LOCATION THAT ENABLES  FEDERAL  COMMUNICATIONS  COMMISSION  LICENSED  OR
AUTHORIZED WIRELESS COMMUNICATIONS BETWEEN USER EQUIPMENT AND A COMMUNI-
CATIONS  NETWORK. SUCH TERM SHALL NOT ENCOMPASS A TOWER OR ANY EQUIPMENT
ASSOCIATED WITH A TOWER.
  (A) SUCH TERM SHALL INCLUDE, BUT NOT BE LIMITED TO:
  (1) EQUIPMENT ASSOCIATED WITH WIRELESS COMMUNICATIONS SERVICES SUCH AS
PRIVATE, BROADCAST AND PUBLIC SAFETY SERVICES,  AS  WELL  AS  UNLICENSED
WIRELESS  SERVICES  AND  FIXED WIRELESS SERVICES SUCH AS MICROWAVE BACK-
HAUL;
  (2) RADIO TRANSCEIVERS, ANTENNAS, COAXIAL OR FIBER-OPTIC CABLE,  REGU-
LAR  AND  BACKUP POWER SUPPLIES, AND COMPARABLE EQUIPMENT, REGARDLESS OF
TECHNOLOGICAL CONFIGURATION (INCLUDING DISTRIBUTED ANTENNA  SYSTEMS  AND
SMALL-CELL NETWORKS); AND
  (3)  ANY  STRUCTURE  OTHER THAN A TOWER THAT, AT THE TIME THE RELEVANT
PERMIT APPLICATION IS  FILED  WITH  THE  MUNICIPAL  BUILDING  INSPECTOR,
SUPPORTS  OR  HOUSES  EQUIPMENT  DESCRIBED IN SUBPARAGRAPH ONE OR TWO OF
THIS PARAGRAPH THAT HAS BEEN REVIEWED AND APPROVED UNDER THE  APPLICABLE
ZONING  OR  SITING  PROCESS,  OR UNDER ANOTHER STATE OR LOCAL REGULATORY
REVIEW PROCESS, EVEN IF THE STRUCTURE WAS NOT  BUILT  FOR  THE  SOLE  OR
PRIMARY PURPOSE OF PROVIDING SUCH SUPPORT.
  (B)  SUCH  TERM  SHALL NOT INCLUDE ANY STRUCTURE THAT, AT THE TIME THE
RELEVANT PERMIT APPLICATION IS FILED WITH THE MUNICIPAL BUILDING INSPEC-
TOR, DOES NOT SUPPORT OR HOUSE EQUIPMENT DESCRIBED IN  SUBPARAGRAPH  ONE
OR TWO OF PARAGRAPH (A) OF THIS SUBDIVISION.
  4.  "COLLOCATION"  SHALL  MEAN  THE MOUNTING OR INSTALLATION OF TRANS-
MISSION EQUIPMENT ON AN ELIGIBLE SUPPORT STRUCTURE FOR  THE  PURPOSE  OF
TRANSMITTING AND/OR RECEIVING RADIO FREQUENCY SIGNALS FOR COMMUNICATIONS
PURPOSES.
  5.  "ELIGIBLE FACILITIES REQUEST" SHALL MEAN ANY REQUEST FOR MODIFICA-
TION OF AN EXISTING TOWER OR BASE STATION THAT  DOES  NOT  SUBSTANTIALLY
CHANGE THE PHYSICAL DIMENSIONS OF SUCH TOWER OR BASE STATION, INVOLVING:
  (A) THE COLLOCATION OF NEW TRANSMISSION EQUIPMENT;
  (B) THE REMOVAL OF TRANSMISSION EQUIPMENT; OR
  (C) THE REPLACEMENT OF TRANSMISSION EQUIPMENT.
  6.  "ELIGIBLE SUPPORT STRUCTURE" SHALL MEAN ANY TOWER OR BASE STATION,
PROVIDED THAT IT IS EXISTING AT THE TIME A PERMIT APPLICATION  IS  FILED
WITH A MUNICIPAL BUILDING INSPECTOR.

S. 6090                             3

  7.  "EXISTING" SHALL MEAN THAT A CONSTRUCTED TOWER OR BASE STATION HAS
BEEN REVIEWED AND APPROVED UNDER THE APPLICABLE ZONING OR  SITING  PROC-
ESS, OR UNDER ANOTHER STATE OR LOCAL REGULATORY REVIEW PROCESS, PROVIDED
THAT  A  TOWER  THAT HAS NOT BEEN REVIEWED AND APPROVED BUT WAS LAWFULLY
CONSTRUCTED  PRIOR  TO  THE CURRENT APPLICABLE ZONING OR SITING PROCESS,
SHALL BE DEEMED TO BE EXISTING.
  8. "MODIFICATION" SHALL MEAN THE IMPROVEMENT, UPGRADE OR EXPANSION  OF
AN  EXISTING  WIRELESS FACILITY, BASE STATION OR WIRELESS SUPPORT STRUC-
TURE THAT IS NOT A REPAIR, MAINTENANCE OR IN KIND REPLACEMENT OF  EXIST-
ING TRANSMISSION EQUIPMENT.
  9.  "MUNICIPALITY"  SHALL  MEAN A CITY, TOWN OR VILLAGE, INCLUDING ANY
AGENT, BOARD, AUTHORITY, COMMISSION, AGENCY, DEPARTMENT OR OTHER INSTRU-
MENTALITY THEREOF.
  10. "MUNICIPAL BUILDING INSPECTOR" SHALL  MEAN  THE  OFFICIAL  CHARGED
WITH  ISSUING  BUILDING  PERMITS  OR  ENFORCING  THE  STATE UNIFORM FIRE
PREVENTION AND BUILDING CODE WITHIN A MUNICIPALITY.    IN  THE  EVENT  A
MUNICIPALITY  DOES  NOT  HAVE  A MUNICIPAL OFFICIAL CHARGED WITH ISSUING
BUILDING PERMITS OR ENFORCING THE  STATE  UNIFORM  FIRE  PREVENTION  AND
BUILDING  CODE, SUCH TERM SHALL BE DEEMED TO REFER TO THE ENTITY CHARGED
WITH ENFORCING THE BUILDING CODE PURSUANT TO SUBDIVISION TWO OF  SECTION
THREE HUNDRED EIGHTY-ONE OF THE EXECUTIVE LAW.
  11.  "MUNICIPAL ZONING LAW" SHALL MEAN ANY LOCAL LAW, ORDINANCE, RULE,
REGULATION, POLICY OR GUIDELINE WHICH REGULATES OR GOVERNS THE  LOCATION
OR  USE OF STRUCTURES OR LAND ADOPTED BY A MUNICIPALITY PURSUANT TO THIS
CHAPTER, THE GENERAL CITY LAW, THE TOWN LAW, THE VILLAGE LAW AND/OR  ANY
OTHER APPLICABLE AUTHORITY.
  12.  "SITE"  SHALL  MEAN,  FOR  TOWERS OTHER THAN TOWERS IN THE PUBLIC
RIGHTS-OF-WAY, THE CURRENT BOUNDARIES OF THE LEASED  OR  OWNED  PROPERTY
SURROUNDING THE TOWER AND ANY ACCESS OR UTILITY EASEMENTS RELATED TO THE
SITE,  AND, FOR OTHER ELIGIBLE SUPPORT STRUCTURES, FURTHER RESTRICTED TO
THAT AREA IN PROXIMITY TO THE STRUCTURE AND TO OTHER TRANSMISSION EQUIP-
MENT DEPLOYED ON THE GROUND.
  13. "SUBSTANTIAL  CHANGE"  SHALL  MEAN  A  MODIFICATION  SUBSTANTIALLY
CHANGES  THE  PHYSICAL DIMENSIONS OF AN ELIGIBLE SUPPORT STRUCTURE IF IT
MEETS ANY OF THE FOLLOWING CRITERIA:
  (A) FOR TOWERS OTHER THAN  TOWERS  IN  THE  PUBLIC  RIGHTS-OF-WAY,  IT
INCREASES  THE  HEIGHT  OF  THE TOWER BY MORE THAN TEN PERCENT OR BY THE
HEIGHT OF ONE ADDITIONAL ANTENNA ARRAY WITH SEPARATION FROM THE  NEAREST
EXISTING  ANTENNA  NOT  TO EXCEED TWENTY FEET, WHICHEVER IS GREATER; AND
FOR OTHER ELIGIBLE SUPPORT STRUCTURES, IT INCREASES THE  HEIGHT  OF  THE
STRUCTURE  BY  MORE THAN TEN PERCENT OR MORE THAN TEN FEET, WHICHEVER IS
GREATER. FOR THE PURPOSE OF THIS PARAGRAPH, CHANGES IN HEIGHT  SHALL  BE
MEASURED  FROM THE ORIGINAL SUPPORT STRUCTURE IN CASES WHERE DEPLOYMENTS
ARE OR WILL BE SEPARATED HORIZONTALLY, SUCH AS ON  BUILDINGS'  ROOFTOPS;
AND IN OTHER CIRCUMSTANCES, CHANGES IN HEIGHT SHALL BE MEASURED FROM THE
DIMENSIONS  OF  THE  TOWER  OR  BASE  STATION,  INCLUSIVE  OF ORIGINALLY
APPROVED APPURTENANCES AND ANY MODIFICATIONS THAT WERE APPROVED PRIOR TO
THE ENACTMENT OF THE MIDDLE CLASS TAX RELIEF AND  JOB  CREATION  ACT  OF
2012 (PUBLIC LAW 112-96);
  (B)  FOR  TOWERS  OTHER  THAN  TOWERS  IN THE PUBLIC RIGHTS-OF-WAY, IT
INVOLVES ADDING AN APPURTENANCE TO THE BODY  OF  THE  TOWER  THAT  WOULD
PROTRUDE  FROM THE EDGE OF THE TOWER MORE THAN TWENTY FEET, OR MORE THAN
THE WIDTH OF THE TOWER STRUCTURE  AT  THE  LEVEL  OF  THE  APPURTENANCE,
WHICHEVER  IS  GREATER;  AND  FOR  OTHER ELIGIBLE SUPPORT STRUCTURES, IT
INVOLVES ADDING AN APPURTENANCE TO THE BODY OF THE STRUCTURE THAT  WOULD
PROTRUDE FROM THE EDGE OF THE STRUCTURE BY MORE THAN SIX FEET;

S. 6090                             4

  (C)  FOR  ANY  ELIGIBLE SUPPORT STRUCTURE, IT INVOLVES INSTALLATION OF
MORE THAN THE STANDARD NUMBER OF NEW EQUIPMENT CABINETS FOR THE TECHNOL-
OGY INVOLVED, BUT NOT TO EXCEED FOUR CABINETS; OR,  FOR  TOWERS  IN  THE
PUBLIC  RIGHTS-OF-WAY AND BASE STATIONS, IT INVOLVES INSTALLATION OF ANY
NEW EQUIPMENT CABINETS ON THE GROUND IF THERE ARE NO PRE-EXISTING GROUND
CABINETS ASSOCIATED WITH THE STRUCTURE, OR ELSE INVOLVES INSTALLATION OF
GROUND CABINETS THAT ARE MORE THAN TEN PERCENT LARGER IN HEIGHT OR OVER-
ALL VOLUME THAN ANY OTHER GROUND CABINETS ASSOCIATED WITH THE STRUCTURE;
  (D) IT ENTAILS ANY EXCAVATION OR DEPLOYMENT OUTSIDE THE CURRENT SITE;
  (E)  IT  WOULD DEFEAT THE CONCEALMENT ELEMENTS OF THE ELIGIBLE SUPPORT
STRUCTURE; OR
  (F) IT DOES NOT COMPLY WITH  CONDITIONS  ASSOCIATED  WITH  THE  SITING
APPROVAL  OF  THE  CONSTRUCTION  OR MODIFICATION OF THE ELIGIBLE SUPPORT
STRUCTURE OR BASE STATION EQUIPMENT; PROVIDED, HOWEVER, THAT THIS  LIMI-
TATION SHALL NOT APPLY TO ANY MODIFICATION THAT IS NON-COMPLIANT ONLY IN
A  MANNER  THAT WOULD NOT EXCEED THE THRESHOLDS IDENTIFIED IN PARAGRAPHS
(A) THROUGH (D) OF THIS SUBDIVISION.
  14. "TRANSMISSION EQUIPMENT" SHALL  MEAN  EQUIPMENT  THAT  FACILITATES
TRANSMISSION  FOR  ANY  FEDERAL  COMMUNICATIONS  COMMISSION  LICENSED OR
AUTHORIZED WIRELESS COMMUNICATIONS SERVICES INCLUDING, BUT  NOT  LIMITED
TO,  RADIO  TRANSCEIVERS,  ANTENNAS,  COAXIAL  OR FIBER-OPTIC CABLE, AND
REGULAR AND BACKUP POWER SUPPLY. SUCH TERM SHALL INCLUDE EQUIPMENT ASSO-
CIATED WITH WIRELESS COMMUNICATIONS SERVICES INCLUDING, BUT NOT  LIMITED
TO, PRIVATE, BROADCAST AND PUBLIC SAFETY SERVICES, AS WELL AS UNLICENSED
WIRELESS  SERVICES  AND  FIXED WIRELESS SERVICES SUCH AS MICROWAVE BACK-
HAUL.
  15. "TOWER" SHALL MEAN ANY STRUCTURE BUILT FOR  THE  SOLE  OR  PRIMARY
PURPOSE  OF SUPPORTING ANY FEDERAL COMMUNICATIONS COMMISSION LICENSED OR
AUTHORIZED ANTENNAS AND THEIR ASSOCIATED  FACILITIES,  INCLUDING  STRUC-
TURES  THAT ARE CONSTRUCTED FOR WIRELESS COMMUNICATIONS SERVICES INCLUD-
ING, BUT NOT LIMITED TO, PRIVATE, BROADCAST AND PUBLIC SAFETY  SERVICES,
AS WELL AS UNLICENSED WIRELESS SERVICES AND FIXED WIRELESS SERVICES SUCH
AS MICROWAVE BACKHAUL, AND THE ASSOCIATED SITE.
  16.  "WIRELESS  FACILITY"  SHALL  MEAN THE WIRELESS SERVICES EQUIPMENT
INCLUDING TRANSMISSION EQUIPMENT,  BASE  STATION,  TOWER  AND  ACCESSORY
EQUIPMENT, UTILITIES AND OTHER SITE DEVELOPMENT COMPONENTS.
  17. "WIRELESS SERVICES" SHALL MEAN THE USE OF ANY WIRELESS TECHNOLOGY,
INCLUDING  WITHOUT  LIMITATION,  COMMERCIAL  MOBILE SERVICES, COMMERCIAL
MOBILE RADIO SERVICES,  UNLICENSED  WIRELESS  SERVICES,  COMMON  CARRIER
WIRELESS  EXCHANGE ACCESS SERVICES, CELLULAR RADIOTELEPHONE, SPECIALIZED
MOBILE RADIO SYSTEMS, PERSONAL COMMUNICATIONS SERVICES,  ADVANCED  WIRE-
LESS  SERVICES,  TWO-WAY  PERSONAL WIRELESS SERVICES, AND ANY SUCH OTHER
WIRELESS TECHNOLOGIES THAT MAY FROM TIME TO TIME BE UTILIZED,  IN  ORDER
TO TRANSMIT AND/OR RECEIVE RADIO WAVES.
  S 301. GENERAL MUNICIPAL AUTHORITY OVER SITING OF WIRELESS FACILITIES.
1.  A MUNICIPALITY MAY ENACT MUNICIPAL ZONING LAWS REGULATING THE SITING
AND  INSTALLATION OF BASE STATIONS AND TOWERS PROVIDED THAT SUCH MUNICI-
PAL ZONING LAWS COMPLY WITH FEDERAL LAWS, INCLUDING THE PROVISIONS OF 47
U.S.C. S 332(C)(7), THE FEDERAL  COMMUNICATIONS  COMMISSION  CELL  TOWER
SHOT  CLOCK  ORDER,  THE MIDDLE CLASS TAX RELIEF AND JOB CREATION ACT OF
2012 AND THE PROVISIONS OF THIS ARTICLE.
  2. EVERY MUNICIPALITY SHALL ACT  ON  AN  APPLICATION  FOR  A  WIRELESS
FACILITY  IN  ACCORDANCE  WITH THE REGULATIONS AND ORDERS OF THE FEDERAL
COMMUNICATIONS COMMISSION AS FOLLOWS FOR:
  (A) A BASE STATION WITHIN NINETY DAYS OF THE APPLICATION  BEING  FILED
WITH THE MUNICIPALITY;

S. 6090                             5

  (B)  A  TOWER  WITHIN  ONE HUNDRED FIFTY DAYS OF THE APPLICATION BEING
FILED WITH THE MUNICIPALITY; OR
  (C)  AN  ELIGIBLE FACILITIES REQUEST WITHIN SIXTY DAYS OF THE APPLICA-
TION BEING FILED WITH THE MUNICIPALITY, AS SET FORTH  IN  SECTION  THREE
HUNDRED TWO OF THIS ARTICLE.
  S  302.  ELIGIBLE  FACILITIES  REQUESTS.  1. NOTWITHSTANDING ANY OTHER
PROVISION OF LAW TO THE  CONTRARY,  A  MUNICIPALITY  SHALL  NOT  REQUIRE
ZONING, LAND USE OR OTHER DISCRETIONARY PERMITS FOR ANY ELIGIBLE FACILI-
TIES REQUEST.
  2.  ALL ELIGIBLE FACILITIES REQUESTS SHALL BE SUBMITTED TO THE MUNICI-
PAL BUILDING INSPECTOR FOR REVIEW WITH ANY APPLICATION  OR  APPLICATIONS
FOR  PERMITS  THAT  MAY BE REQUIRED BY THE STATE UNIFORM FIRE PREVENTION
AND BUILDING CODE, AND SHALL NOT OTHERWISE BE SUBJECT TO  ANY  MUNICIPAL
ZONING LAW WHICH MAY OTHERWISE APPLY TO WIRELESS FACILITIES.
  3. ALL ELIGIBLE FACILITIES REQUESTS SHALL BE EXEMPT FROM ENVIRONMENTAL
QUALITY  REVIEW PURSUANT TO ARTICLE EIGHT OF THE ENVIRONMENTAL CONSERVA-
TION LAW ON THE BASIS THAT ADMINISTRATIVE REVIEW OF AN ELIGIBLE  FACILI-
TIES  REQUEST  IS  AN  OFFICIAL ACT OF A MINISTERIAL NATURE INVOLVING NO
EXERCISE OF DISCRETION, AND THE ISSUANCE OF ANY  ASSOCIATED  ADMINISTRA-
TIVE  APPROVAL  BY THE MUNICIPAL BUILDING INSPECTOR PREDICATED SOLELY ON
COMPLIANCE OR NONCOMPLIANCE WITH THIS SECTION. NO ENVIRONMENTAL  ASSESS-
MENT FORM SHALL BE REQUIRED FOR REVIEW OF AN ELIGIBLE FACILITIES REVIEW.
  4.  WHEN  A  PERSON FILES AN ELIGIBLE FACILITIES REVIEW AND ASSERTS IN
WRITING THAT A REQUEST FOR MODIFICATION IS COVERED BY THIS SECTION,  THE
MUNICIPAL  BUILDING INSPECTOR MAY ONLY REQUIRE DOCUMENTATION OR INFORMA-
TION CUSTOMARILY REQUIRED IN A  BUILDING  PERMIT  APPLICATION  AND  SUCH
OTHER  INFORMATION REASONABLY RELATED TO DETERMINING WHETHER THE REQUEST
MEETS THE REQUIREMENTS OF THIS ARTICLE. A MUNICIPAL  BUILDING  INSPECTOR
MAY ADOPT A FORM FOR USE IN ASSESSING ELIGIBLE FACILITIES REVIEW FILINGS
IN  ADDITION  TO  ANY  OTHER  CUSTOMARY FORMS USED FOR THE PROCESSING OF
BUILDING PERMIT APPLICATIONS.
  5. THE MUNICIPAL BUILDING INSPECTOR SHALL REVIEW AND APPROVE AN APPLI-
CATION OF ELIGIBLE FACILITIES REVIEW AND ISSUE  ANY  NECESSARY  BUILDING
AND/OR  ELECTRICAL  PERMITS WITHIN SIXTY DAYS OF THE SUBMISSION, SUBJECT
TO TOLLING AS SET FORTH IN SUBDIVISION SIX OF THIS SECTION,  UNLESS  THE
MUNICIPAL  BUILDING  INSPECTOR DETERMINES THAT THE MODIFICATION DOES NOT
MEET THE CRITERIA FOR AN ELIGIBLE FACILITIES  REVIEW  IN  WHICH  CASE  A
WRITTEN  DENIAL  THEREOF  SHALL  BE TRANSMITTED WITHIN SIXTY DAYS OF THE
FILING DATE. IF THE MUNICIPAL BUILDING  INSPECTOR  DETERMINES  THAT  THE
MODIFICATION  DOES  NOT  MEET  THE  CRITERIA  FOR AN ELIGIBLE FACILITIES
REVIEW, THE REASONS SHALL BE STATED IN THE WRITTEN DENIAL AND INCLUDE  A
DETERMINATION  OF  WHAT  IF  ANY APPLICATION SHALL BE REQUIRED UNDER ANY
MUNICIPAL ZONING LAW.
  6. THE SIXTY DAY REVIEW PERIOD BEGINS TO RUN WHEN THE APPLICATION  FOR
AN  ELIGIBLE FACILITIES REVIEW AND APPLICATION FOR ANY NECESSARY PERMITS
ARE FILED, AND MAY BE TOLLED ONLY (A) BY MUTUAL AGREEMENT OF THE MUNICI-
PAL BUILDING INSPECTOR AND THE APPLICANT  OR  (B)  WHERE  THE  MUNICIPAL
BUILDING INSPECTOR DETERMINES THAT THE ELIGIBLE FACILITIES REVIEW AND/OR
ANY  NECESSARY  PERMIT  APPLICATIONS ARE INCOMPLETE AND PROVIDES WRITTEN
NOTICE TO THE APPLICANT WITHIN THIRTY DAYS OF  RECEIPT  OF  SUCH  PERMIT
APPLICATIONS SPECIFICALLY DELINEATING ALL MISSING SUPPORTING INFORMATION
OR  DOCUMENTATION  THAT  IS  REQUIRED.  THE  TIMEFRAME FOR REVIEW BEGINS
RUNNING AGAIN WHEN THE APPLICANT  MAKES  A  SUPPLEMENTAL  SUBMISSION  IN
RESPONSE  TO  ANY  NOTICE  OF  INCOMPLETENESS.  FOLLOWING A SUPPLEMENTAL
SUBMISSION, THE MUNICIPAL BUILDING INSPECTOR SHALL NOTIFY THE  APPLICANT
WITHIN  TEN  DAYS  IF  THE  SUPPLEMENTAL  SUBMISSION DID NOT PROVIDE THE

S. 6090                             6

INFORMATION IDENTIFIED IN THE ORIGINAL NOTICE DELINEATING MISSING INFOR-
MATION AND THESE TOLLING PROCEDURES. SECOND  OR  SUBSEQUENT  NOTICES  OF
INCOMPLETENESS  SHALL  ONLY  TOLL THE TIMEFRAME FOR REVIEW TO THE EXTENT
THEY  REQUEST  DOCUMENTS  OR  INFORMATION  THAT  WERE  DELINEATED IN THE
ORIGINAL NOTICE OF INCOMPLETENESS.
  7. IN THE EVENT THE MUNICIPAL BUILDING INSPECTOR FAILS TO  APPROVE  OR
DENY  AN APPLICATION FOR ELIGIBLE FACILITIES REVIEW AND ISSUE ANY NECES-
SARY PERMITS WITHIN THE TIMEFRAME SET FORTH IN SUBDIVISION FIVE OF  THIS
SECTION,  SUBJECT  TO  TOLLING  SET  FORTH  IN  SUBDIVISION  SIX OF THIS
SECTION, THE ELIGIBLE FACILITIES REVIEW AND ANY NECESSARY PERMITS  SHALL
BE  DEEMED GRANTED. THE DEEMED GRANT APPROVAL WILL BECOME EFFECTIVE WHEN
THE APPLICANT NOTIFIES THE MUNICIPAL BUILDING INSPECTOR IN WRITING  THAT
THE  SIXTY  DAY  PERIOD, AND ANY APPLICABLE TOLLING, HAS EXPIRED AND THE
PERMITS HAVE BEEN DEEMED GRANTED BY OPERATION OF LAW.  THE  MUNICIPALITY
SHALL  ISSUE  ANY  NECESSARY PERMITS WITHIN FIFTEEN DAYS OF THE DATE THE
MUNICIPALITY RECEIVES NOTICE OF THE DEEMED GRANT APPROVAL.
  S 303. APPLICATION TO SUPREME COURT BY AGGRIEVED PERSONS.  ANY  PERSON
OR  PERSONS, JOINTLY OR SEVERALLY AGGRIEVED BY ANY ACT OF A MUNICIPALITY
THAT IS INCONSISTENT WITH THE PROVISIONS OF THIS ARTICLE OR A FAILURE TO
ACT IN A MANNER CONSISTENT THEREWITH, MAY, WITHIN THIRTY DAYS AFTER SUCH
ACTION OR FAILURE TO ACT, COMMENCE AN ACTION PURSUANT TO ARTICLE  SEVEN-
TY-EIGHT  OF  THE  CIVIL PRACTICE LAW AND RULES IN THE SUPREME COURT FOR
THE COUNTY IN WHICH SUCH MUNICIPALITY  IS  SITUATE.  THE  SUPREME  COURT
SHALL HEAR AND DECIDE SUCH ACTION ON AN EXPEDITED BASIS.
  S  304. PREEMPTION. THE PROVISIONS OF THIS ARTICLE SHALL SUPERSEDE ANY
INCONSISTENT PROVISION OF LAW RELATING TO  THE  PLACEMENT,  COLLOCATION,
MODIFICATION OR MAINTENANCE OF WIRELESS FACILITIES.
  S  4.  This  act shall take effect on the thirtieth day after it shall
have become a law.