The procedures for obtaining site plan approval
shall follow the requirements of the Municipal Land Use Law, Chapter
291, Laws of New Jersey 1975. Site plan approval shall generally be
under the jurisdiction of the approving board except when the application
also involves a "d" variance in accordance with N.J.S.A. 40:55D-70,
in which case site plan approval shall be under the jurisdiction of
the Board of Adjustment.
[Amended 5-5-2015 by Ord.
No. 3305]
Twenty-two copies of an application for site plan approval on a form approved by the approving board, together with 22 copies of the site plan shall be submitted to the administrative officer. The application shall be accompanied by a fee in accordance with the Schedule of Fees, §
85-42. Supervision and inspection of improvements shall be no greater than 2 1/2% of the amount certified by the Township Engineer to be the cost of improvements. Where County Planning Board review is required by the Essex County site plan review resolution, the applicant shall file two additional copies of the application and site plan with the Essex County Planning Board.
The applicant shall, prior to review of the
site plan, deposit with the Township of Nutley such sum as the Board
deems sufficient to defray the costs to the Board of referral to the
planning consultant or other expert consultant from which the Board
has requested and received technical advice in accordance with the
Township Escrow Ordinance.
In the event that an applicant obtains site
plan approval and thereafter applies for a certificate of occupancy
without having first completed the improvements required by the approved
site plan, the approving board, upon application, may authorize a
certificate of occupancy to be issued if the applicant first supplies
to the Township a performance guaranty with sufficient sureties, in
a form satisfactory to the board Attorney, in an amount sufficient
in the opinion of the Township Engineer and Construction Official
to ensure the completion of the improvement shown on the approved
site plan.
Preliminary and final site plan approval shall
confer upon the applicant the rights conferred in the Municipal Land
Use Law, Chapter 291, Laws of New Jersey 1975, N.J.S.A. 40:55D-49
through 40:55D-52.
The approving board may waive any submission
requirement for site plans or design standard above specified upon
a finding that such waiver does not endanger public health, safety
or welfare and provided further that the reasons for any such waiver
are included in the resolution of approval.