N.J. Admin. Code § 2:76-23.9

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

Section 2:76-23.9 - Special permit

(a) No more than one special permit for a personal wireless service facility shall be valid at any one time for use on the premises.

(b) The standard duration of a special permit approved by the Committee shall not exceed five years.

1. A special permit may be approved for a duration greater than five years, but not more than 20 years, if the applicant provides sufficient justification pursuant to 2:76-23.5(a)18.

(c) No special permit shall be valid for more than 20 years, unless renewed by the Committee.

1. Renewal of a special permit may be sought within two years of the date of scheduled permit expiration.

2. There shall be no fee for permit renewal.

(d) The special permit shall not run with the land, and each special permit shall explicitly state this, in addition to the following:

1. The permit shall automatically terminate if there is a change in the record ownership of the premises subject to the following:

i. A contract-purchaser of the premises obtains approval for a special permit prior to the conveyance of the premises pursuant to 2:76-23.8(g); or

ii. Upon death of the record owner of the premise, the heir(s) obtains approval for a special permit pursuant to 2:76-23.8(h);

2. The owner/seller of the restricted premises and the purchaser of the restricted premises shall notify the Committee, the owner of the development easement, and the municipality in the event there is a change in record ownership of the premises after a special permit has been issued; and

3. The personal service wireless facility shall cease operation immediately upon a change in record ownership of the premises except as provided for in (d)1 above.

i. An application may be submitted pursuant to 2:76-23.5 if the new owner of the premises wishes to continue the personal wireless service facility. The application shall be treated as a new application, and the new owner shall be required to comply with all procedures set forth in 2:76-23.5, including payment of an application fee.

(e) The special permit shall not be assigned or conveyed in any manner.

(f) The special permit shall be recorded by the owner of the premises with the County Clerk's Office in the same manner as a deed;

1. A copy of the recorded special permit shall be provided to the Committee, the municipality, the owner of the development easement and to any owner of land that was subdivided from the initial preserved farm, if applicable.

(g) The special permit shall be displayed in clear view on the structure(s) for which it was issued.

(h) Upon the expiration or termination of a special permit, the personal wireless facility, including any new structures built to accommodate the facility, and any associated footings, shall be removed and the underlying land shall be restored to its preexisting condition.

N.J. Admin. Code § 2:76-23.9