New York City Council Header
File #: Res 0248-2010    Version: * Name: Installation of telephone exchanges or communications equipment in Residence Districts.
Type: Resolution Status: Filed
Committee: Committee on Land Use
On agenda: 5/25/2010
Enactment date: Law number:
Title: Resolution to amend the text of the New York City Zoning Resolution to require a Special Permit to be granted by the City Planning Commission for the installation of telephone exchanges or communications equipment in Residence Districts.
Sponsors: Peter F. Vallone, Jr., Lewis A. Fidler, James G. Van Bramer, Daniel J. Halloran III
Council Member Sponsors: 4
Date Ver.Prime SponsorAction ByActionResultAction DetailsMeeting DetailsMultimedia
12/31/2013*Peter F. Vallone, Jr. City Council Filed (End of Session)  Action details Meeting details Not available
5/25/2010*Peter F. Vallone, Jr. City Council Introduced by Council  Action details Meeting details Not available
5/25/2010*Peter F. Vallone, Jr. City Council Referred to Comm by Council  Action details Meeting details Not available
Res. No. 248
 
 
Resolution to amend the text of the New York City Zoning Resolution to require a Special Permit to be granted by the City Planning Commission for the installation of telephone exchanges or communications equipment in Residence Districts.
 
 
By Council Members Vallone Jr., Fidler, Van Bramer and Halloran
 
Whereas, Section 201 of the New York City Charter allows, inter alia, the Land Use Committee of the City Council to file an application for changes to the Zoning Resolution if two-thirds of the members of the Committee shall have voted to do so; and
Whereas, since 1984 Section 22-21of the Zoning Resolution has required the grant of a Special Permit by the Board of Standards and Appeals ("BSA") for the "Public utility or public service facilitiesÂ…Telephone exchanges or other communication equipment structuresÂ…."; and
Whereas, on July 1, 1998 the Department of Buildings ("DOB") issued Technical Policy and Procedure Notice #3/98 that interpreted Section 22-21 of the Zoning Resolution and held that cellular antennae and related equipment did not require a BSA Special Permit if certain specifications and requirements are met; and
Whereas, as a result of such interpretation and holding by the Department of Buildings, the installation of cellular antennae and related equipment now requires only the filing of an alteration application and the issuance of a permit by DOB; and
Whereas, meaningful public review and input has been effectively removed from the approval process for the installation of cellular antennae and related equipment and such installations have proliferated at an alarming rate; and
Whereas, the City Council Land Use Committee is desirous of re-instituting meaningful public review and input for decisions regarding cellular antennae and related equipment by requiring a Special Permit to be granted by the City Planning Commission pursuant to Section 197c of the Charter; and
Whereas, an application for a change to the text of the Zoning Resolution made by the City Council Land Use Committee will be considered and reviewed in the manner set forth in Section 200 of the Charter and will undergo such environmental review as is required by law; now, therefore, be it RESOLVED that the Land Use Committee hereby approves the filing of an application that will amend the Zoning Resolution of the City of New York in the manner set forth below:
 
Underlined matter is new, to be added;
Matter in Strikeout is old, to be deleted;
Matter within #  # is defined in Section 12-10
* * * indicates where unchanged text appears in the Zoning Resolution
 
 
*   *   *   
 
 
22-20
USES PERMITTED BY SPECIAL PERMIT
 
22-21
By the Board of Standards and Appeals
*   *   *   
 
R1 R2 R3 R4 R5 R6 R7 R8 R9 R10__________________________________________
 
Public utility or public service facilities
 
Electric or gas utility substations, limited in each case to a site of not more than 10,000 square feet
Electric utility substations, limited to a site of not less than 10,000 square feet nor more than 40,000 square feet
Public transit or railroad electric substations, limited in each case to a site of not less than 10,000 square feet nor more than 40,000 square feet
Public utility stations for oil or gas metering or regulating
Telephone exchanges or other communications equipment structures
Terminal facilities at river crossings for access to electric, gas or steam lines
Water or sewage pumping stations
 
*   *   *
22-22
By the City Planning Commission
*   *   *
 
 
R1 R2 R3 R4 R5 R6 R7 R8 R9 R10 _________________________________________
 
Public utility or public service facilities
 
      Telephone exchanges or other communications equipment structures
 
*   *   *   
 
73-14
 
Public Service Establishments
 
In all Residence Districts, the Board of Standards and Appeals may permit electric or gas utility substations, limited in each case to a site of not more than 10,000 square feet, potable water pumping stations, or telephone exchanges or other communications equipment structures, provided that the following findings are made:
 
*   *   *   
 
74-611
 
Telephone Exchanges or Other Communications Structures
 
In all Residence Districts, the City Planning Commission may permit Telephone Exchanges or other Communications Structures of any size, provided that the following findings are made:
 
(a)      that there are serious difficulties in locating such use in a nearby district where it is permitted as-of-right;
(b)      that such proposed telephone exchanges or communications structures meet or exceed all regulatory requirements of the Federal Communications Commission and the New York State Public Service Commission where applicable;
(c)      that the installation of such telephone exchanges or communications structures will be positioned in such a way as to blend harmoniously with surrounding structures and buildings;
(d)      that the installation of such telephone exchanges or communications structures will not alter the essential character of the neighborhood or district in which it is proposed to be located.
 
The City Planning Commission may prescribe additional, appropriate conditions and safeguards to minimize the adverse effects attendant to the granting of such a permit.
 
 
 
 
L.S. 816
04/19/10
cjs