New Jersey § 4:1c-32

§ 4:1c-32.

a. Any person who owns land on which a development easement was conveyed to, or retained

by, the committee, a board, or a qualifying tax exempt nonprofit organization pursuant

to the provisions of section 24 of P.L.1983, c. 32 ( C.4:1C-31 ), section 5 of P.L.1988, c. 4 ( C.4:1C-31.1 ), section 1 of P.L.1989, c. 28 ( C.4:1C-38 ), section 1 of P.L.1999, c. 180 ( C.4:1C-43.1 ), sections 37 through 40 of P.L.1999, c. 152 ( C.13:8C-37 through C.13:8C-40 ), or any other State law enacted for farmland preservation purposes may apply for

a special permit pursuant to this section to allow a personal wireless service facility

to be erected on the land. b. The committee, in its sole discretion, may issue a special permit pursuant to this

section to the landowner if the development easement is owned by the committee. The committee and the board, in their joint discretion, may authorize the committee

to issue a special permit pursuant to this section to the landowner if the development

easement is owned by a board. The committee and the qualifying tax exempt nonprofit organization, in their joint

discretion, may authorize the committee to issue a special permit pursuant to this

section to the landowner if the development easement is owned by a qualifying tax

exempt nonprofit organization. c. A special permit may be issued pursuant to this section provided that: (1) the land is a commercial farm as defined pursuant to section 3 of P.L.1983, c.

31 ( C.4:1C-3 ); (2) there is no commercial nonagricultural activity already in existence on the land

at the time of application for the special permit or on any portion of the farm that

is not subject to the development easement, except that the committee may waive the

requirements of this paragraph, either entirely or subject to any appropriate conditions,

(a) if such preexisting commercial nonagricultural activity is deemed to be of a minor

or insignificant nature or to rely principally upon farm products, as defined pursuant

to R.S.4:10-1 , derived from the farm, or (b) for other good cause shown by the applicant; (3) the permit is for one personal wireless service facility only, although this paragraph

shall not prohibit the committee, board, or qualifying tax exempt nonprofit organization,

as the case may be, from approving the sharing of the single permitted facility by

more than one personal wireless service company, or the use of the facility for other

compatible wireless communication uses deemed by the committee, board, or qualifying

tax exempt nonprofit organization, as the case may be, to not be violative of the

intent or the goals, purposes, or requirements of this section; (4) no more than one permit may be valid at any one time for use on the land; (5) the permit is for a maximum of 20 years duration; (6) the permit does not run with the land and may not be assigned; (7) the personal wireless service facility utilizes, or is supported through the occupation

of, existing structures, except that the permit may authorize, subject to the requirements

of paragraph (12) of this subsection, an expansion of an existing structure or structures

which expansion does not exceed 500 square feet in footprint area in total for all

of the structures, or the construction of a new structure not to exceed 500 square

feet in footprint area which is independent of any existing structure, provided that

in either case the applicant demonstrates to the satisfaction of the committee that: (a) the expansion or the new structure is necessary to the operation or functioning

of the personal wireless service facility; (b) for a new structure, (i) there are no existing structures on the land which could

be utilized or occupied to adequately support the personal wireless service facility,

and (ii) the relevant deficiencies associated with each such existing structure, as

indicated in a written description provided by the applicant, support that conclusion;

and (c) the area of the proposed footprint of the expansion or the new structure is reasonably

calculated based solely upon the demands of accommodating the personal wireless service

facility and does not incorporate excess space; (8) 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; (9) the personal wireless service facility does not interfere with the use of the

land for agricultural production; (10) the personal wireless service facility utilizes the land and structures in their

existing condition except as allowed otherwise pursuant to paragraph (7) of this subsection; (11) 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 involve the creation of additional parking spaces whether

paved or unpaved; and (12) any necessary local zoning and land use approvals and any other applicable approvals

that may be required by federal, State, or local law, rule, regulation, or ordinance

are obtained for the personal wireless service facility. d. In addition to those factors enumerated under subsection c. of this section, the

committee, in evaluating an application for a special permit for a personal wireless

service facility, shall also consider such additional factors as traffic generated

and the number of employees required by the proposed personal wireless service facility

so as to limit to the maximum extent possible the intensity of the activity and its

impact on the land and the surrounding area. e. Notwithstanding any law, rule, or regulation to the contrary, a personal wireless

service company whose proposed facility is the subject of a permit application pursuant

to this section shall be required to obtain all applicable local zoning and land use

approvals and any other applicable approvals that may be required by State or local

law, rule, regulation, or ordinance even if the proposed facility includes a compatible

wireless communication use, such as law enforcement or emergency response communication

equipment, which may otherwise allow the proposed facility to be exempt from obtaining

any such approvals. f. As a condition of the issuance of a permit pursuant to this section, a personal

wireless service facility shall agree to allow, at no charge to the requesting State

or local governmental entity, the sharing of the facility for any State or local government

owned or sponsored compatible wireless communication use for public purposes, such

as law enforcement or emergency response communication equipment, approved by the

committee. g. For the purposes of this section: “ Qualifying tax exempt nonprofit organization ” shall have the same meaning as set forth in section 3 of P.L.1999, c. 152 (C.13: 8C-3); and “ Personal wireless service facility ” means a personal wireless service tower and any associated equipment and structures

necessary to operate and maintain that tower, as regulated pursuant to federal law.