Bill > A1196

Introduced Session

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.

AI Summary

Committee Categories

Carol Murphy (D)*, 

Introduced, Referred to Assembly Telecommunications and Utilities Committee (on 01/09/2024)

Official Document