Fine v. Galloway Township Committee

463 A.2d 990, 190 N.J. Super. 432, 1983 N.J. Super. LEXIS 914
CourtNew Jersey Superior Court Appellate Division
DecidedMay 25, 1983
StatusPublished
Cited by3 cases

This text of 463 A.2d 990 (Fine v. Galloway Township Committee) is published on Counsel Stack Legal Research, covering New Jersey Superior Court Appellate Division primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Fine v. Galloway Township Committee, 463 A.2d 990, 190 N.J. Super. 432, 1983 N.J. Super. LEXIS 914 (N.J. Ct. App. 1983).

Opinion

CONNOR, J.S.C.

This complaint in lieu of prerogative writs presents the question of whether a property owner in an uncertified Pinelands municipality must submit to a formal site plan review by the municipality after he has obtained development approval from [437]*437the Pinelands Planning Commission. This court feels that the appropriate answer is a qualified yes. The question is one of first impression and requires this court to interpret provisions of the Pinelands Protection Act, N.J.S.A. 13:18A 1 et seq., effective June 28, 1979 and its implementing regulation, the Pinelands Comprehensive Management Plan, N.J.A.C. 7:50-1.1 et seq.

Plaintiff is the owner of a 10.3 acre tract of land located in Galloway Tp., which is an uncertified municipality under the Act and Management Plan. On November 30,1981 plaintiff obtained from defendant, Galloway Tp. a mercantile license permitting plaintiff to use his property for a flea market and farmers market. Thereafter, plaintiff was advised by the township zoning officer that he was required to obtain Township Planning Board approval before he could commence his business. The zoning officer also advised plaintiff that the Planning Board would not entertain plaintiff’s application unless approval was first granted by the Pinelands Planning Commission. On April 23, 1982 plaintiff was granted conditional Pinelands Development Approval. On August 16, 1982 plaintiff made application to the township zoning officer for a building permit seeking permission to proceed with the improvements necessary to conduct his proposed flea market and farmers market. This request was denied by the zoning officer citing the need for approval from defendant, Galloway Township Planning Board.

Plaintiff then instituted the present suit for an order pursuant to the Declaratory Judgment Act, N.J.S.A. 2A:16-50, et seq. declaring that:

1. Plaintiff is not required to submit to the site plan review process of the Galloway Township Planning Board, and
2. Plaintiff is legally entitled to the immediate issuance of a building permit for the improvements necessary for his project.

The statutory and regulatory references relied upon by plaintiff are N.J.S.A. 13:18A-12(c) and (d), N.J.A.C. 7:50-3.37 and N.J.A.C. 7:50-4.13.

N.J.S.A. 13:18A-12(c) and (d) provide:

[438]*438c. In the event that any county or municipality fails to adopt or enforce an approved revised master plan or implementing land use ordinances, as the case may be, including any condition thereto imposed by the commission, the commission shall adopt and enforce such rules and regulations as may be necessary to implement the minimum standards contained in the comprehensive management plan as applicable to any such county or municipality.
d. Any approval of any application for development'granted by any municipality, county, or agency thereof in violation of the provisions of this section shall be null and void and of no force and effect at law or equity. L.1979, c. 111, § 11, eff. June 28, 1979.

Pursuant to the authority of N.J.S.A. 13:18A-12(c) the Pine-lands Planning Commission adopted the following regulations for development in an uncertified municipality:

7:50-3.37 Effect of municipality’s failure to obtain Commission certification of master plan and land use ordinances
In the preservation area, and after one year from the effective date of this Plan, in the Pinelands Area no person shall carry out any development in an uncertified municipality unless such development has been approved by the Commission pursuant to N.J.A.C. 7:50-4, Part II. A Pinelands development approval shall supersede any local decision if a municipality has not received certification of its master plan and land use ordinances.
7:50-4.13 Pinelands Development Approval required for development in uncer-tified areas
Subject to the provisions of N.J.A.C. 7:50-4.12 no person shall carry out any development in any portion of the Pinelands Area located within the jurisdiction of a municipality with an uncertified master plan or land use ordinance without first obtaining Pinelands Development Approval from the Commission pursuant to the procedures set out in this Part.

Plaintiff claims that pursuant to these provisions, especially the last sentence of N.J.A.C. 7:50-3.37, he is not required to appear before the municipal planning board for site plan approval having already obtained approval from the Pinelands Planning Commission. Presumably, plaintiff is asking this court to render a literal reading of the last sentence in N.J.A.C. 7:50-3.37 and hold that all municipal review of a development proposal in an uncertified municipality is precluded once prior approval has been obtained from the Pinelands Planning Commission. For this court to so hold, however, would require me to ignore the primary objective of statutory construction: the search for legislative intent.

[439]*439At the outset this court notes that rules and regulations of an administrative agency are subject to the same canons of construction as is a Statute. Essex County Welfare Board v. Klein, 149 N.J.Super. 241, 247 (App.Div.1977), In re Pont Murray Dairy Co., 6 N.J.Super. 285, 300 (App.Div.1950). Legislative intent is to be perceived from the whole statute and all parts of the statute must be read so that they are in alignment with the intent of the entire act. See, Singleton v. Consolidated Freightways Corp., 64 N.J. 357, 362 (1974); Seatrain Lines, Inc. v. Medina, 39 N.J. 222 at 226-227 (1963). Words alone do not control. Loboda v. Clark Township, 40 N.J. 424, 435 (1963).

The goal of both the Pinelands Protection Act and the Comprehensive Management Plan is to promote orderly development in the Pinelands Region so as to protect, preserve and enhance the significant and unique resources of that region. N.J.S.A. 13:18A-9; N.J.A.C. 7:50-1.1. In order to ensure the goal certain minimum standards were established by the Commission and embodied in the Comprehensive Management Plan. See, N.J.A.C. 7:50-2.1 which declares that the provisions of the Plan are the minimum standards for the preservation of the Pinelands and N.J.A.C. 7:50-4.11 which provides that the purpose of Part II of the Plan, Development in Areas Without Certified Local Plans, is to ensure that all development which is not regulated by certified master plans and land use ordinances is planned and constructed in conformance with the minimum standards of the Plan.

I find nothing in either the act or the Plan which prevents a municipality from adopting and enforcing more restrictive standards than those set forth in Subchapters 5 and 6 of the Plan. To the contrary, the Comprehensive Management Plan is replete with deference to local bodies to refine or enact more restrictive standards, provided their action is consistent with the policies and objectives of the Plan. The introductory statements [440]*440to both subchapters 5 and 6 support this position and are quoted, therefore, in full.

Subchapter 5:

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Related

Parisi v. North Bergen Municipal Port Authority
519 A.2d 327 (Supreme Court of New Jersey, 1987)
Planning Board of Hamilton Township v. New Jersey Pinelands Commission
492 A.2d 1034 (New Jersey Superior Court App Division, 1985)
In Re Application of John madin/lordland Development International
492 A.2d 1034 (New Jersey Superior Court App Division, 1985)

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Bluebook (online)
463 A.2d 990, 190 N.J. Super. 432, 1983 N.J. Super. LEXIS 914, Counsel Stack Legal Research, https://law.counselstack.com/opinion/fine-v-galloway-township-committee-njsuperctappdiv-1983.