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
See: New Rule. 16 New Jersey Register 125(a), 16 New Jersey Register 1096(a).
Amended by R.1987 d.316, effective
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
See: 26 New Jersey Register 96(a), 26 New Jersey Register 1683(a).
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