Clarifies that application to collocate wireless communications equipment be reviewed by administrative officer.

A4135

ASSEMBLY, No. 4135

STATE OF NEW JERSEY

222nd LEGISLATURE

�

INTRODUCED FEBRUARY 19, 2026

Sponsored by:

Assemblywoman� CAROL A. MURPHY

District 7 (Burlington)

SYNOPSIS

���� Clarifies that application to collocate wireless
communications equipment be reviewed by administrative officer.

CURRENT VERSION OF TEXT

���� As 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

����� T
his 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.��
��