N.J. Admin. Code § 2:76-23.6

Current through Register Vol. 56, No. 12, June 17, 2024

Section 2:76-23.6 - Evaluation criteria for personal wireless service facilities

(a) When reviewing special permit applications, the Committee (or Committee and easement holder jointly) shall determine whether the application meets the following criteria:

1. The premises meets the definition of "commercial farm" set forth in this subchapter;

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

3. The personal wireless service facility is necessary and serves a public benefit by potentially improving cellular communications, in particular, for emergency purposes;

4. There are no commercial nonagricultural activities in existence on the premises or on any portion of the farm that is not subject to the development easement.

i. The Committee and easement holder may waive this requirement if they find the preexisting commercial nonagricultural activity is of a minor or insignificant nature or relies principally on farm products, as defined in 4:10-1, derived from the premises or for other good cause shown by the applicant; and

ii. The issuance of a special permit for a commercial nonagricultural activity pursuant to N.J.A.C. 2:76-22 shall not preclude the issuance of a special permit for a personal wireless service facility under this subchapter;

5. The personal wireless service facility utilizes, or is supported by, a structure(s) existing on the premises as of the date of application, except for the conditions set forth in (a)6 and 7 below;

6. If an expansion of an existing structure(s) is requested:

i. The expansion cannot exceed 500 square feet in footprint area in total for all of the structures needed to accommodate the personal wireless service facility;

ii. The expansion is necessary to the operation or functioning of the personal wireless service facility; and

iii. The area of the proposed footprint of the expansion is reasonably calculated based solely upon the demands of accommodating the personal wireless service facility and does not incorporate excess space;

7. If a new structure is being proposed to support or accommodate the personal wireless service facility:

i. The new structure cannot exceed 500 square feet in footprint area;

ii. The new structure is necessary to the operation or functioning of the personal wireless service facility;

iv. There are no existing structures on the land, which could be utilized or occupied to adequately support the personal wireless service facility and the relevant deficiencies associated with each existing structure, as provided by the applicant pursuant to 2:76-23.5(a)9 i, support that conclusion;

8. The personal wireless service facility does not interfere with the use of the land for agricultural purposes;

9. The personal wireless service facility uses the land in its existing condition, except as otherwise allowed pursuant to (a)7 above;

10. The personal wireless service facility does not have an adverse impact upon the soils, water resources, air quality, or other natural resources of the land or the surrounding area and does not require the creation of additional parking spaces, paved or unpaved and is consistent with the deed of easement and land use approvals and any other applicable approvals that may be required by Federal, State, or local laws, rules, regulations, or ordinances, provided that if such approvals contain any requirements for implementation of the personal wireless service facility that are inconsistent with 4:1C-32.2, this subchapter or the special permit itself, the special permit will be denied.

i. To the maximum extent possible, the facility shall avoid being placed on soils classified as prime farmland and Statewide importance;

11. 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;

12. All necessary local zoning and land use approvals, and any other approvals required by Federal, State, or local law, rule, regulation or ordinance have been obtained, and such approvals do not contain any requirements for implementation of the personal wireless service facility that are inconsistent with 4:1C-32.2, this subchapter or the special permit itself;

13. Additional factors, such as traffic generated and the number of employees are limited to the maximum extent possible to limit the intensity of the activity and its impact on the land and surrounding area;

14. The personal wireless service facility provider has agreed in writing to allow, at no charge to the requesting State or local governmental entity, the sharing of the facility or any State or local government owned or sponsored compatible wireless communication use for public purposes, such as law enforcement or emergency response communication equipment, as permitted by the Committee;

15. The personal wireless service company is not requiring conveyance of an easement or another interest in the premises to construct or access the personal wireless service facility;

16. The owner of the premises is not in violation of any provision of the deed of easement; and

17. The personal wireless service facility otherwise complies with 4:1C-32.2.

N.J. Admin. Code § 2:76-23.6

New Rule, R.2008 d.137, effective 6/2/2008 (N.J.A.C. 2:76-23.6(a)10 operative December 2, 2008).
See: 39 N.J.R. 2568(a), 40 N.J.R. 2663(b).
Notice of Extension of Delayed Operative Date of N.J.A.C. 2:76-23.6(a)10.
See: 40 N.J.R. 6539(a).
Amended by R.2009 d.44, effective 1/20/2009.
See: 40 N.J.R. 4855(a), 41 N.J.R. 399(a).
Deleted former (a)10; and recodified former (a)11 through (a)18 as (a)10 through (a)17.