Petition Against Ordinance No. 3599

52

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The Issue

 PROPERTY OWNER(S) SIGNED BELOW, pursuant to N.J.S.A. § 40:55D-63, hereby submit this Petition of Protest against the proposed amendment to the Nutley Zoning Ordinance No. 3589 and the proposed Roche Southside Kingsland Street Redevelopment Plan, and in support thereof state as follows: 

1. Nutley Township has proposed an amendment to its Zoning Ordinance that would, among 

other things, change the classification and boundaries of the existing zoning district. The 

undersigned are owner(s) of property located within Nutley Township New Jersey that is 

within 200 feet of the boundaries of the land subject to the proposed ordinance. 

2. The Municipal Land Use Law of New Jersey establishes that the purpose of zoning 

regulations includes promoting the public health, safety, and general welfare through 

appropriate land use development. 

3. New Jersey law provides that a protest against any proposed amendment or revision of a 

zoning ordinance may be filed with the municipal clerk, signed by the owner(s) of 20% or 

more of the area either of the lots or land extending 200 feet in all directions therefrom. 

4. When such a protest petition is filed, the proposed amendment or revision shall not become 

effective except by the favorable vote of two-thirds of all the members of the governing 

body of the municipality. 

5. While the exact calculation is unclear, preliminary assessments show that the undersigned 

property owner(s) meet or exceed the 20% threshold required by N.J.S.A. § 40:55D-63 to 

trigger the requirement of a two-thirds majority vote of the governing body for approval of 

the proposed amendment. 

6. The proposed zoning amendment would adversely affect the undersigned property 

owner(s) by relaxing protections contained within the Master Plan, and Township Code. 

7. The governing body of Nutley Township has the power to adopt or amend zoning 

ordinances relating to the nature and extent of the uses of land and of buildings and 

structures thereon. 

WHEREFORE, the undersigned property owner(s) respectfully request that this Petition of Protest be accepted and filed by the Municipal Clerk of Nutley Township 

 PETITION OF PROTEST AGAINST PROPOSED ZONING AMENDMENT VIA ORDINANCE NO.: 3599 

By:

Date:

 

The Decision Makers

Essex County Clerk

Supporter Voices

Petition Updates