N.J. Admin. Code § 2:76-23.4

Current through Register Vol. 56, No. 19, October 7, 2024

Section 2:76-23.4 - Eligibility to apply for a personal wireless service facility

(a) Any person who owns land on which a development easement was conveyed to, or retained by, the Committee, a board, or a qualifying tax exempt nonprofit organization pursuant to the provisions of section 24 of P.L. 1983, c. 32 (4:1C-31) , section 5 of P.L. 1988, c. 4 (4:1C-31.1) , section 1 of P.L. 1989, c. 28 (4:1C-38) , section 1 of P.L. 1999, c. 180 (4:1C-43.1) , sections 37 through 40 of P.L. 1999, c. 152 (13:8C-37 through 13:8C-40) , or any other State law enacted for farmland preservation purposes may apply for a special permit to allow a personal wireless service facility to be erected on the land, provided that:

1. The land is a commercial farm;

2. No other special permit for a personal wireless service facility on the premises has been granted;

3. There is no commercial nonagricultural activity in existence on the premises at the time of application for the special permit or on any portion of the farm that is not subject to the development easement, except that the Committee may waive the requirements of this paragraph entirely or subject to any appropriate conditions:

i. If such preexisting commercial nonagricultural activity is deemed to be of a minor or insignificant nature or to rely principally upon farm products, as defined pursuant to 4:10-1, derived from the farm; or

ii. For other good cause shown by the applicant;

4. Notwithstanding (a)3 above, a person who has been granted a special permit for a commercial nonagricultural activity pursuant to N.J.A.C. 2:76-22 is eligible for a special permit on the same premises pursuant to this subchapter; and

5. The development easement was acquired without the participation of Federal Farm and Ranch Lands Protection Program funds.

(b) In the event the premises were divided after conveyance of the development easement in accordance with 2:76-6.1 5(a)15, only one special permit for a personal wireless facility may be issued by the Committee for the originally preserved premises, regardless of the number of resulting parcels of land.

1. If a special permit for a personal wireless facility has been previously issued on a parcel of land created as a result of a division of premises, no other special permits for a personal wireless facility may be issued on any of the remaining parcel(s) of land created by the division.

N.J. Admin. Code § 2:76-23.4