Current through Register Vol. 56, No. 18, September 16, 2024
(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.
