S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2042
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                             January 11, 2017
                                ___________
 
 Introduced  by  Sens.  LITTLE, GRIFFO -- read twice and ordered printed,
   and when printed to be committed to the  Committee  on  Infrastructure
   and Capital Investment
 
 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.
   § 2. Short title. This act shall be known and  may  be  cited  as  the
 "wireless broadband eligible facility permitting act".
   § 3. The general municipal law is amended by adding a new article 13-E
 to read as follows:

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD00655-01-7
              

 S. 2042                             2
 
                               ARTICLE 13-E
                            WIRELESS FACILITIES
 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.
   §  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.

 S. 2042                             3
 
   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.
   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,

 S. 2042                             4
 
 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;
   (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.
   § 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.  §  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.

 S. 2042                             5
 
   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;
   (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.
   §  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

 S. 2042                             6
 
 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
 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.
   § 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.
   §  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.
   §  4.  This  act shall take effect on the thirtieth day after it shall
 have become a law.