Bill Text: NY S00325 | 2013-2014 | General Assembly | Introduced

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Bill Title: Relates to permits for cellular antennas in the city of New York.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2014-01-08 - REFERRED TO CITIES [S00325 Detail]

Download: New_York-2013-S00325-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                          325
                              2013-2014 Regular Sessions
                                   I N  S E N A T E
                                      (PREFILED)
                                    January 9, 2013
                                      ___________
       Introduced  by  Sen.  AVELLA -- read twice and ordered printed, and when
         printed to be committed to the Committee on Cities
       AN ACT to amend the administrative code of the  city  of  New  York,  in
         relation to permits for cellular antennas
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1.  Section 28-103.14.1 of the administrative code of the city
    2  of New York, as added by local law number 33 of the city of New York for
    3  the year 2007, is amended to read as follows:
    4    S28-103.14.1 [List of permits] PERMITS  for  cellular  antenna;  LIST;
    5  INSPECTIONS.   1.  PRIOR TO THE ISSUANCE OF AN ALTERATION PERMIT FOR THE
    6  ERECTION OR PLACEMENT OF ANTENNAE USED TO PROVIDE CELLULAR TELEPHONE  OR
    7  SIMILAR  SERVICE  OR  ANY STRUCTURE RELATED TO SUCH SERVICE, THE COMMIS-
    8  SIONER SHALL CONSIDER THE AGGREGATE TOTAL NUMBER OF ANTENNAS  IN  EXIST-
    9  ENCE  AT AND PROPOSED FOR THE SUBJECT PROPERTY AT THE TIME OF SUBMISSION
   10  OF THE APPLICATION FOR A PERMIT.
   11    2. The commissioner shall  maintain  a  separate  list  of  alteration
   12  permits issued for the erection or placement of antennae used to provide
   13  cellular  telephone  or similar service or any structure related to such
   14  service which shall, at a minimum, set forth the name, business  address
   15  and business telephone number of the applicant, the date of the applica-
   16  tion,  the date the permit was issued, the location for which the permit
   17  was issued, including the premises  address  and  the  zoning  district,
   18  whether  residential,  commercial, or manufacturing, [and] the number of
   19  permits issued for such purpose at the same location AND THE NAME OF THE
   20  COMPANY THAT IS OR WILL BE UTILIZING THE ANTENNAE  TO  PROVIDE  CELLULAR
   21  TELEPHONE  OR  SIMILAR  SERVICE.    UPON  COMPLETION  OF  THE INSPECTION
   22  REQUIRED BY SUBDIVISION THREE  OF  THIS  SECTION,  SUCH  LIST  SHALL  BE
   23  UPDATED  TO  SET  FORTH THE ELECTROMAGNETIC FREQUENCY BEING EMITTED FROM
   24  EACH CELLULAR ANTENNA FOR WHICH A PERMIT WAS ISSUED. Such list shall  be
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD03398-01-3
       S. 325                              2
    1  made available to the public upon request between regular business hours
    2  and  shall  be available to the public in electronic format on a 24-hour
    3  basis on the department's website. THE  INFORMATION  CONTAINED  ON  SUCH
    4  LIST  SHALL  ALSO  BE  INCLUDED ON THE DEPARTMENT'S BUILDING INFORMATION
    5  SYSTEM AND ASSOCIATED WITH THE ENTRY FOR THE APPROPRIATE PROPERTY.
    6    3. IN ADDITION TO OTHER REQUIRED INSPECTIONS, THE COMMISSIONER  SHALL,
    7  WITHIN  THIRTY DAYS OF ISSUANCE OF AN ALTERATION PERMIT FOR THE ERECTION
    8  OR PLACEMENT OF ANTENNAE USED TO PROVIDE CELLULAR TELEPHONE  OR  SIMILAR
    9  SERVICE  OR  ANY  STRUCTURE  RELATED  TO  SUCH  SERVICE, MAKE OR REQUIRE
   10  INSPECTIONS OF SUCH ANTENNAE TO ASCERTAIN COMPLIANCE WITH THE PROVISIONS
   11  OF THIS CODE, THE PROVISIONS SET FORTH IN THE APPLICATION FOR AN  ALTER-
   12  ATION  PERMIT AND ANY OTHER LAWS, RULES OR REGULATIONS THAT ARE ENFORCED
   13  BY THE DEPARTMENT, AS WELL AS TO ANALYZE COMPLIANCE WITH  THE  STANDARDS
   14  OF  THE  FEDERAL COMMUNICATIONS COMMISSION FOR ELECTROMAGNETIC FREQUENCY
   15  EMISSIONS. SUCH INSPECTIONS MAY BE MADE ON BEHALF OF THE  DEPARTMENT  BY
   16  OFFICERS  AND EMPLOYEES OF THE DEPARTMENT AND OTHER CITY DEPARTMENTS AND
   17  GOVERNMENTAL AGENCIES AND BY APPROVED AGENCIES,  SPECIAL  INSPECTORS  OR
   18  OTHER  PERSONS WHEN THE COMMISSIONER IS SATISFIED AS TO THEIR QUALIFICA-
   19  TIONS AND RELIABILITY. THE COMMISSIONER MAY ACCEPT INSPECTION  AND  TEST
   20  REPORTS  FROM  PERSONS AUTHORIZED BY THIS CODE OR BY THE COMMISSIONER TO
   21  PERFORM SUCH INSPECTIONS. SUCH REPORTS SHALL BE FILED WITH  THE  DEPART-
   22  MENT.
   23    4.  UPON COMPLETION OF THE INSPECTION REQUIRED BY SUBDIVISION THREE OF
   24  THIS SECTION, THE COMMISSIONER SHALL ISSUE A CERTIFICATION OF COMPLIANCE
   25  TO THE HOLDER OF THE PERMIT THAT SHALL INCLUDE ALL  OF  THE  INFORMATION
   26  CONTAINED  ON  THE  LIST  MAINTAINED PURSUANT TO SUBDIVISION TWO OF THIS
   27  SECTION.
   28    S 2. This act shall take effect immediately.