New Jersey-2024-A1196-Introduced

An Act concerning the collocation of wireless communications equipment, and amending P.L.1975, c.291 and P.L.2011, c.199.

Be It Enacted by the Senate and General Assembly of the State of New Jersey:

1. Section 9 of P.L.1975, c.291 (C.40:55D-18) shall be amended to read as follows:

9. Enforcement. The governing body of a municipality shall enforce [this act] the "Municipal Land Use Law," P.L.1975, c.291 (C.40:55D-1 et seq.) and any ordinance or regulation made and adopted hereunder. To that end, the governing body may require the issuance of specified permits, certificates or authorizations as a condition precedent to (1) the erection, construction, alteration, repair, remodeling, conversion, removal or destruction of any building or structure, (2) the use or occupancy of any building, structure or land, and (3) the subdivision or resubdivision of any land; and shall require the issuance of a zoning permit as a condition precedent to the collocation of wireless communications equipment pursuant to section 1 of P.L.2011, c.199 (C.40:55D-46.2). The governing body of a municipality shall establish an administrative officer and offices for the purpose of issuing such permits, certificates or authorizations; and may condition the issuance of such permits, certificates and authorizations upon the submission of such data, materials, plans, plats and information as is authorized hereunder and upon the express approval of the appropriate State, county or municipal agencies; and may establish reasonable fees to cover administrative costs for the issuance of such permits, certificates and authorizations. The administrative officer shall issue or deny a zoning permit within 10 business days of receipt of a request therefor; except that the administrative officer shall issue or deny a zoning permit for the collocation of wireless communications equipment pursuant to section 1 of P.L.2011, c.199 (C.40:55D-46.2) within 30 business days of receipt of a request. If the administrative officer fails to grant or deny a zoning permit within this period, the failure shall be deemed to be an approval of the application for the zoning permit. Notwithstanding any provision of law, ordinance, or regulation to the contrary, the approval of a zoning permit for the collocation of wireless communications equipment shall be relied upon for all other applications related to the collocation of the wireless communications equipment, including, but not limited to, the issuance of any building, electrical, or other permit required under the "State Uniform Construction Code Act," P.L.1975, c.217 (C.52:27D-119 et seq.), or the regulations adopted thereto. In case any building or structure is erected, constructed, altered, repaired, converted, or maintained, or any building, structure or land is used in violation of [this act] the "Municipal Land Use Law," P.L.1975, c.291 (C.40:55D-1 et seq.) or of any ordinance or other regulation made under authority conferred hereby, the proper local authorities of the municipality or an interested party, in addition to other remedies, may institute any appropriate action or proceedings to prevent such unlawful erection, construction, reconstruction, alteration, repair, conversion, maintenance or use, to restrain, correct or abate such violation, to prevent the occupancy of said building, structure or land, or to prevent any illegal act, conduct, business or use in or about such premises.

(cf: P.L.2001, c.49, s.1)

2. Section 1 of P.L.2011, c.199 (C.40:55D-46.2) is amended to read as follows:

1. a. An application [for development] for a zoning permit to collocate wireless communications equipment on a wireless communications support structure or in an existing equipment compound shall not be subject to site plan or other land use board review, and shall be approved by the administrative officer pursuant to section 9 of P.L.1975, c.291 (C.40:55D-18), provided the application meets the following requirements:

(1) the wireless communications support structure shall have been previously granted all necessary approvals by the appropriate approving authority;

(2) the proposed collocation shall not increase:

(a) the overall height of the wireless communications support structure by more than [ten] 10 percent of the original height of the wireless communications support structure, or the height of one additional antenna array with separation from the nearest existing antenna, not to exceed 20 feet, whichever amount is greater; except that for a proposed collocation to a wireless communications support structure located in a public right-of-way, the overall height of the wireless communications support structure shall not be increased by more than 10 percent of the original height of the wireless communications support structure or 10 feet, whichever amount is greater;

(b) the width of the wireless communications support structure [, or] by adding an appurtenance to the body of the wireless communications support structure that would protrude from the edge of the wireless communications support structure by more than 20 feet or the width of the original wireless communications support structure at the level of the appurtenance, whichever amount is greater; except that for a proposed collocation to a wireless communications support structure located in a public right-of-way, the width of the wireless communications support structure shall not be increased by adding an appurtenance to the body of the wireless communications support structure that would protrude from the edge of the wireless communications support structure by more than six feet; or

(c) the [square] footage of the existing equipment compound to [an area] a length greater than [2,500 square] 30 feet in any direction; and

(3) the proposed collocation complies with the final approval of the wireless communications support structure and all conditions attached thereto and does not create a condition for which variance relief would be required pursuant to P.L.1975, c.291 (C.40:55D-1 et seq.), or any other applicable law, rule or regulation , except that this paragraph shall not apply to a proposed collocation if the only modifications to the wireless communications support structure that fail to comply with the final approval of the wireless communications support structure and all conditions attached thereto, or that create a condition for which variance relief would be required pursuant to P.L.1975, c.291 (C.40:55D-1 et seq.), are otherwise compliant with the limitations set forth in paragraphs (1) and (2) of this subsection.

b. For purposes of this section:

"Equipment compound" means an area surrounding or adjacent to the base of a wireless communications support structure within which is located wireless communications equipment.

"Collocate" means to place [or], install, remove, replace, or modify any wireless communications equipment on a wireless communications support structure.

"Wireless communications equipment" means the set of equipment and network components used in the provision of wireless communications services: including, but not limited to, antennas, transmitters, receivers, base stations, equipment shelters, cabinets, emergency generators, power supply cabling, and coaxial and fiber optic cable, but excluding wireless communications support structures.

"Wireless communications support structure" means a structure that is designed to support, or is capable of supporting, wireless communications equipment, including a monopole, self-supporting lattice tower, guyed tower, water tower, utility pole, or building.

(cf: P.L.2011, c.199, s.1)

3. This act shall take effect immediately.

STATEMENT

This bill clarifies current law by requiring certain applications submitted under the "Municipal Land Use Law," which applications concern the proposed collocation of wireless communications equipment on preexisting support structures, to be processed administratively and approved by permit.

This bill provides that the applications for the collocation of wireless communications equipment are to be submitted to an administrative officer for review, which officer may approve an application by issuing a zoning permit, provided that the application complies with certain statutory requirements. The bill provides the administrative officer with 30 business days to issue or deny a zoning permit for a collocation application.

The bill also provides that after an administrative officer has approved a zoning permit for the proposed collocation of wireless communications equipment, the approval is required to be relied upon for all other applications related to the collocation of the wireless communications equipment, including, but not limited to, the issuance of any building, electrical, or other permit required under the "State Uniform Construction Code Act."

Additionally, the bill revises the requirements that an application for the collocation of wireless communications equipment is required to meet in order to receive permit approval. Under current law, a proposed collocation may not increase: (1) the overall height of the wireless communications support structure by more than 10 percent of its original height; (2) the width of the wireless communications support structure by any amount; and (3) the square footage of the existing equipment compound by more than 2,500 square feet. Current law also requires the wireless communications support structure to which the proposed collocation would occur to have previously received all necessary approvals, and requires that the proposed collocation complies with the final approval of the structure, including all conditions attached thereto, and does not create a condition for which a variance relief is required.

Specifically, the bill revises the requirements for the approval of a proposed collocation by: (1) increasing the maximum permitted increase in the height of the wireless communications support structure to the greater of: 10 percent of the original height of the structure, or the height of one additional antenna array with separation from the nearest existing antenna, up to 20 feet, for any structure not located on a public right-of-way; or 10 percent of the original height of the structure or 10 feet, for any structure located on a public right-of-way; (2) increasing the maximum permitted increase in the width of the wireless communications support structure to the greater of: 20 feet or the width of the original structure at the level of the expansion, for any structure not located on a public right-of-way; or six feet, for any structure located on a public right-of-way; (3) providing that the proposed collocation may not increase the footage of the existing equipment compound by more than 30 feet in any direction, as opposed to a maximum square footage increase of 2,500 square feet; and (4) limiting the applicability of the requirement concerning the proposed collocation's compliance with the final approval of the wireless communications support structure and the prohibition on conditions requiring variance relief in certain cases in which the proposed modifications otherwise comply with the requirements of the bill.