N.J. Admin. Code § 2:76-23.5

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

Section 2:76-23.5 - Application for personal wireless service facility

(a) Any person who meets the qualifications contained in 2:76-23.4 may apply for a special permit for the erection of a personal wireless service facility by simultaneously submitting an application to the owner of the development easement and to the Committee. The application shall include the following information and documents:

1. A copy of the recorded deed showing the current record owner of the restricted premises;

2. A copy of the recorded deed of easement;

3. The block(s) and lot(s) designations of the premises;

4. Proof that the premises is a commercial farm;

5. A survey plat of the premises that identifies and labels:

i. The existing structure(s) on which the personal wireless facility will be placed;

ii. The location and size of proposed structure(s) to accommodate the personal wireless facility (not to exceed 500 square feet);

iii. The proposed expansion of any existing structure(s) to accommodate the personal wireless facility (not to exceed 500 square feet in footprint area in total for all structures necessary to accommodate personal wireless facility); and

iv. All existing structures, streams, and other features of the premises;

6. A description of how the location, design, height, and aesthetic attributes of the personal wireless service facility reflect, to the greatest degree possible without creating an undue hardship on the applicant or an unreasonable impediment to the erection of the personal wireless service facility, the public interest of preserving the natural and unadulterated appearance of the landscape and structures, including a description of any camouflage of the personal wireless service facility to minimize visual impact.

i. The applicant shall provide photographs (preferably digital, with one printed copy and one electronic copy) of the location of the proposed personal wireless facility, taken from an adequate distance and from all directions to assist in visualizing the impact of the proposed facility on the existing landscape;

7. A description of any commercial nonagricultural activity already 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;

8. Proof that the structure(s) to be used for the personal wireless facility existed on the date of application for the special permit.

i. The applicant shall provide photographs (preferably digital, with one printed copy and one electronic copy) of the interior and exterior of the structure(s) in which the personal wireless facility is proposed;

9. Justification that any proposed construction of a new structure or expansion of an existing structure is necessary to the operation or functioning of the personal wireless facility.

i. If a new structure is being proposed, the applicant shall certify that there are no existing structures on the premises that could be utilized or occupied to adequately support the personal wireless service facility, and describe the deficiencies associated with each existing structure to support that certification.

ii. If an existing structure is being expanded, the applicant shall justify that the area of the proposed footprint of the expanded structure is reasonably calculated based solely on the demands of accommodating the personal wireless service facility and does not include excess space;

10. An explanation as to whether the personal wireless service facility interferes with the use of the land for agricultural production;

11. An explanation as to whether the personal wireless service facility utilizes the land and structures in their existing condition;

12. An explanation as to whether the personal wireless service facility will have an adverse impact upon the soils, water resources, air quality or other natural resources of the land or the surrounding area and whether the applicant will need to create parking spaces, paved or unpaved.

i. The applicant shall identify the number of existing parking spaces and the number of parking spaces that will be needed to accommodate the personal wireless service facility;

13. Using a scale, established in the application, identification of the location of the proposed personal wireless service facility on:

i. A United States Department of Agriculture, Natural Resources Conservation Service (NRCS) soils map that uses the most current NRCS Soil Survey Geographic (SSURGO) Database, with a summary of the soil mapping units and designation of important soils (prime soils, soils of statewide importance, unique or local importance);

ii. A United States Geological Service (USGS) topographic quadrangle map;

iii. A current tax map; and

iv. A New Jersey Department of Environmental Protection wetlands map;

14. A description of the amount of traffic the applicant expects to be generated, and the number of employees required, as a result of the personal wireless facility.

15. Copies of all local zoning and land use approvals obtained by the applicant and/or the personal wireless service company, and any other approvals required by State, federal, or local law, rule, regulation, or ordinance, even if the proposed facility includes a compatible wireless communication use, such as law enforcement or emergency response communication equipment, which may otherwise exempt the proposed facility from obtaining such approvals.

16. A commitment in writing from the personal wireless service facility company that it will allow, at no charge to the requesting State or local governmental entity, the sharing of the facility for any State or local owned or sponsored compatible wireless communications use for public purposes, such as law enforcement or emergency response communication equipment approved by the Committee;

17. Documentation from the wireless service company showing that the personal wireless service facility is necessary and serves a public benefit by potentially improving cellular communications, in particular for emergency purposes;

18. The time period for which the applicant would like the special permit to be effective, provided that any request for an effective period of over five years shall include a justification for the longer time period.

i. The applicant shall provide a copy of the proposed contract or lease agreement with the wireless service company;

19. Whether the wireless service company is requiring the conveyance of an easement or another interest in the premises to construct or access the personal wireless service facility;

20. An estimate of the cost and time needed for completion of a functional wireless service facility; and

21. An application fee in the amount of $ 1,000 made payable to the State of New Jersey, State Agriculture Development Committee, in the form of a money order or bank check.

i. The application fee is nonrefundable, regardless of whether a special permit is issued.

(b) If the Committee or easement holder deems the application incomplete, the applicant shall have 120 days of receipt of written notice to provide the necessary information, unless otherwise extended by the reviewing entity.

N.J. Admin. Code § 2:76-23.5