N.J. Admin. Code § 2:76-23.8

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

Section 2:76-23.8 - Committee review and issuance of permit

(a) The Committee, as the owner of a development easement, shall review an application and in its sole discretion may issue a special permit pursuant to 4:1C-32.2 and this subchapter.

(b) If a development easement is owned by a board or qualifying tax exempt nonprofit organization, the Committee, upon receipt of a complete application and notice of approval by the board or qualifying tax exempt nonprofit organization, shall review the application using the criteria set forth in this subchapter.

1. Approval of an application by a board or qualifying tax exempt nonprofit organization shall not be binding on the Committee if the Committee makes an independent determination that the application does not meet the criteria set forth in this subchapter.

2. If an application has been denied by a board or qualifying tax exempt nonprofit organization, no further action by the Committee is required.

3. If the Committee is missing any of the following documents related to the preservation of the premises, the board or qualifying tax exempt nonprofit organization shall provide the Committee with the documents upon request:

i. A copy of the recorded deed of easement;

ii. A copy of the title policy;

iii. A copy of the original survey of the premises; and

iv. The special permit application.

(c) The Committee shall inform the applicant of its decision to approve or deny the application and shall inform the board or qualifying tax exempt nonprofit organization that owns the development easement.

(d) Approval of any special permit shall be subject to the applicant providing evidence that he or she has obtained all necessary local, State and Federal approvals, 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 deemed denied.

(e) The Committee may include other reasonable requirements to limit, to the maximum extent possible, the intensity of the permitted activity and its impact on the land and surrounding area.

(f) When issuing a special permit, the Committee shall:

1. Identify the time period for which the special permit shall be effective; and

2. Stipulate a time period during which the landowner must exercise the special permit and initiate the erection of the personal wireless service facility.

i. The Committee may provide for an extension up to six months upon a showing of special circumstances or need presented by the applicant.

ii. If the owner fails to exercise the special permit and initiate the erection of the personal wireless service facility within the period designated by the Committee, the special permit shall automatically expire, unless an extension is approved by the Committee pursuant to (f)2i above.

(g) In the event that the record owner obtains a special permit from the Committee, and subsequently contracts for the sale of the premises, the contract-purchaser of the premises may seek approval to continue the personal wireless service facility special permit after conveyance of the property by applying for a new special permit pursuant to 2:76-23.5, prior to the actual sale to avoid termination of the special permit.

1. The contract-purchaser shall provide a copy of the executed contract for the purchase of the premises as part of his or her application.

2. The contract-purchaser must obtain a special permit issued by the Committee pursuant to 2:76-23.8 prior to the conveyance of the premises.

(h) Upon the death of the record-owner of the premises, the heir(s) or estate representative may apply for a special permit pursuant to 2:76-23.5.

1. The heir(s) or estate representative may apply for and obtain Committee approval for a special permit within six months of the record-owner's death.

2. The special permit shall automatically expire six months from the date of death of the record-owner of the property holding that permit unless the heir(s) or estate representative applies for and obtains a special permit, or applies for and obtains an extension of the six-month period, within that time.

3. Upon request by the estate representative or heir(s), the Committee may extend the period to apply for and obtain approval of the special permit for up to one year where required for settlement of estate issues provided that the period of any such extension shall not exceed the period of the initial special permit.

(i) All application fees submitted to the Committee pursuant to this subchapter are nonrefundable, regardless of whether a special permit is issued, and shall be used for farmland preservation purposes.

N.J. Admin. Code § 2:76-23.8