N.J. Admin. Code § 14:17-6.21 - Petition to set aside refusal pursuant to N.J.S.A. 48:5A-17(e)

(a) Petition for an order setting aside municipal or county refusal for zoning variance, or other act or necessary authorization pursuant to 48:5A-17(e), shall conform to N.J.A.C. 14:17-4 and 14:17-6.1 through 6.4 to the extent applicable, and shall include, but not be limited to the following:
1. A map or site plan for the proposed facility showing the location of any other potential alternative sites or existing CATV facilities in relation to the one in question;
2. A listing of alternative sites, if any, investigated or considered;
3. A copy of the decision or order below denying the requested approval;
4. Proof of concurrent service and a copy of the petition upon each of the following:
i. The municipal and, where applicable, the county governing body;
ii. The agency, authority, board or other entity which denied the requested approval;
iii. Any adjoining property owners within 200 feet of the property for which approval is sought.
(b) The petition pursuant to this section must be filed with the Office within 60 days of written notice of the denial to the petitioner.
(c) The Board or administrative law judge shall hold a hearing on the matter in the community affected.

Notes

N.J. Admin. Code § 14:17-6.21
R.1984 d.167, effective 5/7/1984.
See: New Rule. 16 New Jersey Register 125(a), 16 New Jersey Register 1096(a).
Amended by R.1987 d.316, effective 8/3/1987.
See: 19 New Jersey Register 504(a), 19 New Jersey Register 1455(b).
Expanded scope to include county government.
Amended by R.1994 d.194, effective 4/18/1994.
See: 26 New Jersey Register 96(a), 26 New Jersey Register 1683(a).

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