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Banking Interpretations

October 21, 1999

Re: [ ] Bank Property at [  ]Main Street

Dear [ ]:

Representatives from [ ] ("Bank") recently forwarded to the New York State Banking Department ("NYSBD") a copy of your July 13, 1999 letter, with enclosures, to the Bank which states that the Village of [ ] Exterior Lighting Code takes precedence over the lighting requirements of Article II-AA of the New York State Banking ("ATM Safety Act").

Please be advised that it is the position of the NYSBD that the provisions of the ATM Safety Act preempt local ordinances, such as your Village’s Exterior Lighting Code.

Banking Law §75-h, "Compliance with local building code and all other applicable provisions of law," states that,

Unless otherwise provided in this article, nothing contained in this article shall be construed to exempt or relieve any banking institution from complying with all relevant provisions of the local building code and all other applicable provisions of law.

Banking Law §§75-b and 75-c contain mandates regarding minimum illumination requirements for automated teller machine ("ATM") facilities and, as such, constitute specific provisions of the ATM Safety Act contemplated by Banking Law §75-h that preempt local zoning ordinances such as your Village’s Exterior Lighting Code. Therefore, the Village of [ ]cannot legally preclude the Bank from complying with the provisions of the ATM Safety Act by requiring the Bank’s above referenced ATM facility to comply with the Village’s Exterior Lighting Code.

Should you any comments regarding this matter, please do not hesitate to contact me.

Very truly yours,
[ ]
Assistant Counsel