Garden State Farms, Inc. v. Bay

In Garden State Farms, Inc. v. Bay, 77 N.J. 439, 390 A.2d 1177 (1978), the Court addressed a similar issue in the context of a heliport facility and specifically examined the relevance of local land use ordinances: Especially probative of the vital interests of local government is the municipal zoning ordinance itself. Indeed, the Commissioner by regulation already recognizes the importance of such interests by giving controlling weight to local ordinances in the case of applications for public use airports and private landing strips. N.J.A.C. 16:54-1 et seq.; N.J.A.C. 16:54-2 et seq. See also Aviation Services v. Bd. of Adj. of Hanover Twp., 20 N.J. 275, 285, 119 A.2d 761 (1955); Town of Bloomfield v. New Jersey Highway Auth., 18 N.J. 237, 248, 113 A.2d 658 (1955). Clearly he should, at the very least, acknowledge the relevance of the local zoning ordinance with respect to applications for private heliports and helistops. To this we would add as a material consideration that the Commissioner ought to take into account whether an applicant for a private heliport has availed itself of any right to a variance under the local zoning law and whether an application for a variance should be pursued as a helpful procedure for fleshing out the impact of the proposed facility upon neighboring uses. Id. at 455, 390 A.2d 1177. The Court observed that "a failure on the Commissioner's part to weigh conscientiously local interests, to examine carefully whether the proposed avigation facility is compatible with the surrounding land uses and to consult the local ordinances and authorities in making its licensing decision would constitute an abuse of discretion." Id. at 456, 390 A.2d 1177.