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NY A02347
Bill
Status
1/25/2023
Primary Sponsor
Clyde Vanel
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AI Summary
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Creates Article 13-E in General Municipal Law establishing comprehensive standards for small wireless facility deployment in New York municipalities.
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Prohibits municipalities from granting exclusive arrangements for wireless facility use in rights-of-way and caps annual fees at $20 per wooden utility pole or $200 per metal/concrete/fiberglass pole for collocation.
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Classifies small and micro wireless facilities as permitted uses exempt from zoning review when located in rights-of-way or outside single-family residential zones, with applications deemed approved if not denied within 60 days.
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Limits municipal application fees to actual, direct, and reasonable costs, with maximums of $100 for the first five facilities and $50 for each additional facility per application.
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Requires municipalities to comply with nondiscriminatory undergrounding requirements in residential areas and restricts indemnification requirements to cases where wireless provider negligence is proven by court.
Legislative Description
Relates to small wireless facility development; defines terms and sets standards and fees; provides a municipal corporation may require a wireless provider to repair all damage to a right of way directly caused by the activities of the wireless provider; provides courts of competent jurisdiction shall have jurisdiction to determine all disputes arising under this article.
Last Action
referred to local governments
1/3/2024