Sod Farm Associates v. Springfield Township Planning Board

In Sod Farm Associates v. Springfield Township Planning Board, 298 N.J.Super. 84, 94-96, 688 A.2d 1125 (Law Div.1995), aff'd, 297 N.J.Super. 584, 688 A.2d 1058 (App.Div.1996), certif. denied, 149 N.J. 36, 692 A.2d 49 (1997), the plaintiff pointed to comments made by planning board members with respect to the plaintiff's application to be included in the Wastewater Management Plan ("WMP") and claimed that these statements were evidence of fiscal zoning. These comments were to the effect that if the application was granted, the result would be additional school children and increased growth. Plaintiff alleged that the formal resolutions adopted by the planning board were "pretextual cover-ups of its true intent to stifle housing because of the attendant costs and increased taxes." Id. at 96, 688 A.2d 1125. In rejecting this argument, the court stated: In this case there is a clearly expressed and proper zoning purpose both in excluding Plaintiff's property from the WMP and in the zoning amendments Springfield enacted in the years following. That purpose is the preservation of both a rural lifestyle and agriculture as an economically viable business. Where at least one such purpose is substantially supported by the record, it is irrelevant that a few persons spoke of improper motives. Springfield's long history as a rural township; its existing substantial acreage in farmland; its Master Plans of 1988 and 1993 which hold the preservation of farming high in its scale of zoning objectives; its contributions in dollars and in acreage to the County farmland preservation program; and its designation in the recently completed State Development Plan as a "Rural Planning Area" all strongly buttress the Board's conclusion that preserving and maintaining agricultural lands is a significant zoning and planning policy initiative and not simply a pretextual argument to exclude housing. This is especially true where the Township has zoned an area for its Council on Affordable Housing allocation of low and moderate income housing and, by inclusion of that area in the WMP, made such housing practical. Id. at 97-98, 688 A.2d 1125.