New Jersey Administrative Code
Title 2 - AGRICULTURE
Chapter 76 - STATE AGRICULTURE DEVELOPMENT COMMITTEE
Subchapter 23 - SPECIAL PERMIT FOR INSTALLATION OF PERSONAL WIRELESS SERVICE FACILITY ON PRESERVED FARMLAND
Section 2:76-23.6 - Evaluation criteria for personal wireless service facilities

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.

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:

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

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.

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.