Sieber v. Laawe

• Decision Date: 18 November 1954
• Docket Number: No. L,L
• Citation: 33 N.J.Super. 115,109 A.2d 470
• Parties: Arthur E. SIEBER, Darwin A. Sieber, Elmer H. Kuehn, George Weise, Anthony Vivino, Matthew Rizzo, Michael Ardis, Samuel M. Conforth, John Leone, and Ernest A. Del Prete, Plaintiffs, v. Harold W. LAAWE, Stanley O. Styles, Walter Modes, Olaf Haroldson, John Ratcliffe, and the Township Committee of the Township of Wayne, Defendants. 4135. . Law Division
• Court: New Jersey Superior Court

Page 115

33 N.J.Super. 115

109 A.2d 470

Arthur E. SIEBER, Darwin A. Sieber, Elmer H. Kuehn, George Weise, Anthony Vivino, Matthew Rizzo, Michael Ardis, Samuel M. Conforth, John Leone and Ernest A. Del Prete, Plaintiffs, v. Harold W. LAAWE, Stanley O. Styles, Walter Modes, Olaf Haroldson, John Ratcliffe, and the Township Committee of the Township of Wayne, Defendants.

No. L 4135.

Superior Court of New Jersey.

Law Division.

Nov. 18, 1954.

Saul M. Mann, Paterson, for plaintiffs.

Salvatore J. Ruggiero, Paterson, for defendants.

Greenburg, Wilensky & Feinberg, Passaic (Victor Greenburg, Passaic, appearing), attorneys for intervenor.

DAVIDSON, J.S.C.

This is an action in lieu of prerogative writ, plaintiffs seeking to nullify the adoption of an amendment to the zoning ordinance which permits landscaped administrative offices and laboratories devoted to research as special uses in Residence A and B Districts. Subsequent to the filing of the complaint the U.S. Rubber Company, pursuant to the provisions of the ordinance under attack, made application to the board of adjustment for a permit and approval to erect a research and experimental laboratory, which application was recommended to and thereafter approved by the township committee--it is the holder of the right to acquire ownership of a tract of approximately 98 acres, upon which it intends to erect the laboratory, and by reason of its stated interest, was granted leave to intervene as a party defendant.

The Township of Wayne, in pursuance of a comprehensive plan or scheme, adopted a zoning ordinance (No. 14--1949) under which the township was divided into four classes of districts: Residence A, Residence B, Business and Industrial. Permitted uses and structures in Residence A and B Districts, under sections 3 and 4 of the ordinance, were confined to a single-family dwelling (and customary accessory buildings); a church, public library, public or private school, public park or playground; any form of agriculture or horticulture (with specified exceptions); the sale of farm products on properties where produced; other buildings, structures and uses, as provided by paragraphs (a) and (d) of section 7.

Paragraph (d) of section 7 regulates stationary signs and paragraph (a) permits special uses authorized by the township committee after recommendation by the board of adjustment: a boarding or rooming house or tourist home; a public or quasi-public building; clubhouse; private athletic field; a railway or bus station; a nursing home or hospital for other than mental or contagious diseases; and a telephone exchange or other public-utility building or structure, except a storage yard, garage or repair shop.

The pertinent portions of the amendatory ordinance under attack (No. 1--1954) are as follows (the amendments being indicated by italics):

'Section 1. That Section 7 entitled 'Exceptions and Special Provisions' sub-paragraph (a) of the ordinance to which this is an amendment be and the same is hereby revised and amended to read as follows:

'(a) Special uses permitted.

'Under Special conditions set forth below, the Board of Adjustment as hereinafter created, After public notice and hearing, may recommend in writing to the Township Committee and the Township Committee may authorize the issuance of a permit for any of the following buildings and uses:

'1. In a Residence 'A' or Residence 'B' District, a boarding or rooming house or tourist home; a public or quasi-public building clubhouse, private athletic field; a railway or bus station; a nursing home or hospital for other than mental or contagious diseases; and a telephone exchange or other public-utility building or structure, except a storage yard, garage or repair shop; Also, landscaped administrative offices, laboratories devoted to research, design and/or experimentation and processing and fabrication incidental thereto and appurtenant buildings consistent with and designed to promote and benefit the value and use of property in residence districts or in areas which are predominantly residential although partly lying in less restricted districts, providing no materials or finished products shall be manufactured, processed or fabricated on said premises for sale, except such as are incidental to said laboratory research, design or experimentation conducted on said premises, and further providing that any project for such landscaped administrative offices and research laboratories;

'(a) shall occupy a plot not less than fifty (50) acres;

'(b) not more than 25 per cent of such plot shall be occupied by buildings;

'(c) the buildings upon such plot other than the entrance gate houses shall be set back not less than one hundred feet (100 ) from the nearest property line and not less than two hundred feet (200 ) from the nearest street line;

'(d) shall not constitute a nuisance by reason of odor, smoke, dust or noise;

'(e) shall not constitute an unusual hazard of fire, explosion or air pollution;

'(f) shall provide an automobile parking area on the premises calculated to accommodate not less than one car for each two employees working during a working period;

'(g) The Board of Adjustment shall be further guided in determining whether or not to recommend the special use of property under the provisions hereof, by taking into consideration and account such things as capacity of streets and roads, public services to serve the applicant's requirements, the general welfare of the neighborhood and the community, provision for surrounding open spaces and treatment of grounds and other necessary safeguards to preserve the public health, comfort and convenience, and without substantial detriment to the public good.

'Section 2. That Section 7 entitled 'Exceptions and Special Provisions' of the ordinance to which this is an amendment, be and the same is hereby further revised and amended to include sub-paragraph (b), to read as follows:

'(b) Public Notice and Hearing.

'Notice and public hearing as provided for in sub-paragraph (a) of Section 7 entitled 'Exceptions and Special Provisions' shall be required in the same manner as prescribed by Section 8 entitled 'Administration' sub-paragraph (h), for appeals to the Board of Adjustment.'

The purpose and effect of the amendment is to add landscaped administrative offices and laboratories devoted to research as permitted special uses under the conditions set forth.

Plaintiffs contend that the amendatory ordinance is not in accordance with the comprehensive plan for zoning, is an attempt to grant a variance for the benefit of an individual property owner, and constitutes 'spot zoning,' that the ordinance was not adopted in the interests of public welfare and is not in furtherance of any of the statutory purposes and objectives of zoning; that it violates statutory requirements for uniform regulations and permits incompatible uses; that its adoption was capricious, arbitrary and an abuse of discretion; and that there was a failure to comply with the statutory requirements in the adoption of the amendment.

The New Jersey Constitution, 1947, Art. IV, Sec. VI, par. 2, recognizes 'zoning ordinances limiting and restricting to specified districts and regulating therein, buildings and structures, according to * * * the nature and extent of their use, * * *' as being 'within the police power of the State,' and, under Art. IV, Sec. VII, par. 11, requires liberal construction of the provisions of this Constitution and of 'any law concerning municipal corporations formed for local government' in favor of the municipality, 'not inconsistent with or prohibited by this Constitution or by law.'

N.J.S.A. 40:55--2 (Construction of article) provides:

'In construing the provisions of this article all courts shall construe the same most favorably to municipalities, it being the intention hereof to give all municipalities the fullest and most complete powers possible concerning the matters provided for under this article.'

N.J.S.A. 40:55--31 (Creation of districts; uniformity of regulations) provides:

'For any or all of said purposes the governing body or board of public works may divide the municipality into districts of such number, shape, and area as may be deemed best suited to carry out the purposes of this article, and it may regulate and restrict the erection construction, reconstruction, alteration, repair, or use of buildings or other structures within such districts.

'All such regulations shall be uniform for each class or king of buildings or other structures throughout each district, but the regulations in one district may differ from those in other districts.'

N.J.S.A. 40:55--32 (Purposes of zoning; essential considerations) provides:

'Such regulations shall be in accordance with a comprehensive plan and designed for one or more of the following purposes: to lessen congestion in the streets; secure safety from fire, panic and other dangers; promote health, morals or the general welfare; provide adequate light and air; prevent the overcrowding of land or buildings; avoid undue concentration of population. Such regulations shall be made with reasonable consideration, among other things, to the character of the district and its peculiar suitability for particular uses, and with a view of conserving the value of property and encouraging the most appropriate use of land throughout such municipality.'

The question presented for determination is whether the classification under the amended zoning ordinance bears a reasonable and just relation either to a general object of the legislation or to some substantial consideration of public policy or convenience or the service of the general welfare. If it does, the classification is proper. Schmidt v. Board of Adjustment of City of Newark, 9 N.J. 405, 88 A.2d 607 (1952).

Wayne Township is approximately 25 square miles in area and is generally classified as rural residential with some industry, although it is 80% Undeveloped...