Senator RICHARD J. CODEY
District 27 (Essex)
Senator JEFF VAN DREW
District 1 (Cape May, Atlantic and Cumberland)
Provides certain collocations of wireless equipment, minor site plan status.
CURRENT VERSION OF TEXT
An Act concerning the collocation of wireless communications equipment and supplementing P.L.1975, c.291 (C.40:55D-1 et seq.).
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. a. An application for development to collocate wireless communications equipment on a wireless communications support structure shall be deemed a minor site plan for which the requirements of notice and public hearing shall be waived, subject to 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 the overall height or width of the wireless communications support structure or the square footage of the existing equipment compound;
(3) the proposed collocation complies with the final approval of the wireless communications support structure and all conditions attached thereto.
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 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.
2. This act shall take effect immediately.
This bill would supplement the "Municipal Land Use Law," P.L.1975, c.291 (C.40:55D-1 et seq.), in order to allow for streamlined approvals of applications to collocate wireless communications equipment on existing support structures under certain circumstances. Wireless services are integral to the lives of the citizens of New Jersey, and further the public safety, economic development, and overall general welfare of the State. Collocation of wireless communications equipment on existing wireless communications support structures is an efficient method of deploying wireless infrastructure that serves the joint goals of local communities and wireless service providers.
Oftentimes, approvals of wireless communications support structures anticipate the addition of antennas and equipment at later points in time. Under the bill, when a structure has been previously granted all necessary approvals and a proposed collocation of additional antennas and equipment will be substantially consistent with the terms and conditions of the underlying approvals, the application for collocation will be deemed a minor site plan. This designation will allow for approval of the application without having to comply with the more formal aspects of land use approval, such as the requirements of notice and public hearings.