Decided: February 23, 1968.
MARY-ANNA MASNICK, ALVIN J. GOREN, ROGER H. HIGGONS AND RUTH MANOS, PLAINTIFFS,
MAYOR AND COUNCIL OF THE TOWNSHIP OF CEDAR GROVE, A MUNICIPAL CORPORATION OF NEW JERSEY, DEFENDANTS
Schapira, J.c.c. (temporarily assigned).
[99 NJSuper Page 437]
This is an action in lieu of prerogative writs challenging the validity of an ordinance passed by the Township Council of Cedar Grove on January 9, 1967.
The ordinance, introduced on December 19, 1966 at a regular meeting by the council, proposed to amend and supplement the existing zoning ordinance to permit construction of office buildings in the R-15 one-family residential zone, and to change a tract of land (marked "1" on the annexed Exhibit A) from an R-22 zone to the new R-15 zone. R-22 is the most restrictive of residential zones, requiring homes to be built on plots of at least one-half acre in area. The ordinance, in effect, not only reduces the residential construction requirements but would permit construction of office buildings on the tract.
[99 NJSuper Page 438]
TOWNSHIP OF CEDAR GROVE ESSEX COUNTY NEW JERSEY PENDING ORDINANCE
An Ordinance to amend and supplement an Ordinance entitled, "An Ordinance limiting and restricting to specified districts and regulating therein, buildings and structures according to their construction and the nature and extent of their use, and the nature and extent of the uses of land, and for said purposes dividing the Township into zones, providing for the administration and enforcement of the provisions herein contained, establishing a Board of Adjustment, and providing for a change in the R-15 Zone to permit construction of office buildings, subject to the conditions of the O Zone and other special conditions."
ARTICLE III, Section 1 of the Zoning Ordinance is amended by the addition of the following language to R-15 One-Family Residential Zone:
Section 1. There is also permitted in this zone the construction of office buildings under certain requirements which are greater than those imposed in the O Zone.
Section 2. That portion of the Zoning Ordinance providing for the Schedule of Permitted Uses and Requirements is amended as follows:
As to R-15, column 2 is supplemented by the addition of the following language:
"3. Office use as permited in the O Zone, except for the required area of lot, subject to review and approval of a site plan as set forth in ARTICLE VII, and provided that such site plan complies with the following:
"a Must not have less than 350 feet of uninterrupted frontage on an improved and accepted county or state highway.
"b. Must have an area of not less than five contiguous acres.
"c. The lot or tract must be be on the boundary and contiguous to at least one of the following zones: O, B, R-C, M-1, and M-2."
Section 3. That portion of the the zoning ordinance providing for Schedule of Permitted Uses and Requirements under R-10 is amended and supplemented as follows:
"2. Same as specified for Residence, R-15, except that office use as permitted under item 3 shall be prohibited."
Section 4. The zoning map is hereby amended as shown on the map attached to and made a part of this present amendatory ordinance.
Section 5. This ordinance shall take effect immediately.
The foregoing ordinance was introduced at a regular meeting of the Township Council of the Township of Cedar Grove, Essex County, held in the Municipal Building on Dec. 19, 1966.
This ordinance will come up for final consideration after final reading and a Public Hearing on same at the meeting of the Township Council to be held in the Municipal Building on Monday, Jan. 9, 1967 at 8 P.M.
Dated: Dec. 29, 1966. ELEANOR DEMARCO, Township Clerk
On December 29, 1966 a copy of the proposed ordinance and notice of final adoption by the municipality were published in the Verona-Cedar Grove Times as it appears on the annexed exhibit, which purports to notify the public of a pending ordinance modifying all R-15 zones in the municipality to permit office building construction. Section 4
[99 NJSuper Page 439]
of the ordinance states, "The zoning map is hereby amended as shown on the map attached to and made a part of this present amendatory ordinance."
The published map depicts only the area on Ridge Road between Bradford Avenue and Pompton Avenue and shows cross-hatching to represent the then R-15 zone on Ridge Road -- which includes 56 one-family residences and a small vacant lot fronting on Ridge Road and owned by the township (marked "2" by the court on the annexed exhibit). Adjacent to township lot "2" the map shows R-15 cross-hatching on the large, township-owned tract (marked "1") which was then in the R-22 zone. The combined size of the two vacant, city-owned parcels which were to be affected by the changes contemplated by the ordinances is 27 acres.
After a hearing on January 3, 1967 the township planning board recommended passage of the ordinance, and on January 9, 1967 the mayor and council adopted the ordinance.