Bill > A3165

Introduced Session

This bill clarifies current law by providing that certain applications to collocate wireless communications equipment on preexisting support structures be processed administratively and be approved by permit. A 2011 amendment to the Municipal Land Use Law (MLUL), P.L.2011, c.199 (C.40:55D-46.2), provided that an application to collocate wireless communications equipment on a preexisting wireless communications support structure is not subject to site plan review if: (1) the support structure has been previously granted all necessary approvals, (2) the proposed collocation will not increase the support structure's height by more than ten percent or expand the width of any existing equipment compound beyond 2,500 square feet, and (3) the support structure will be substantially consistent with the terms and conditions of the underlying approvals. Consistent with P.L.2011, c.199, most municipalities assign review of collocation applications to an administrative officer for review and, if an application satisfies the three conditions set forth in the 2011 amendment to the MLUL, an administrative approval. However, some municipalities require zoning boards of adjustment to review all collocation applications to determine whether they satisfy the conditions set forth in the 2011 amendment to the MLUL. Subjecting collocation applications which are statutorily exempt from site plan review to zoning board of adjustment review and approval is inconsistent with current law and undermines the purposes of the 2011 amendment by imposing undue costs and delays on an applicant. This bill addresses this issue by specifying that collocation applications are to be submitted to an administrative officer for review, and that an administrative officer may approve a collocation application by issuing a zoning permit. If an administrative officer determines that an application does not meet the requirements of the 2011 amendment, the administrative officer would deny the application.

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Carol Murphy (D)*, 

Reported from Senate Committee, 2nd Reading (on 11/15/2021)

Official Document