[Amended 4-11-1983 by Ord. No. 12-1983; 6-15-1988 by Ord. No. 1-1988; 12-11-1991 by Ord. No. 102-1991; 3-9-2011 by Ord. No. 17-2011; 6-10-2015 by Ord. No. 45-2015; 7-16-2025 by Ord. No. 60-2025]
A.
Application fee.
(1)
The following application and escrow fees shall be collected in connection with applications before the Planning Board and/or Zoning Board of Adjustment of the City of Atlantic City and for the review of certificates of land use compliance:
Type | Application Fee | Escrow Fund | |||
|---|---|---|---|---|---|
Preapplication conference (first hour no cost) | $240 | $240 | |||
Subdivisions | |||||
Minor | $600, plus $60 per lot | $780 | |||
Minor, with variances | Additional $120 per variance | $120 per variance | |||
Major, preliminary | |||||
0 to 100 lots | $360, plus $120 per lot | $1,200 minimum | |||
101 to 500 lots | $360, plus $120 per lot | $1,200 minimum | |||
Major, with variances, N.J.S.A. 40:55D-70(a), (b) | Additional $120 per variance | $120 per variance | |||
Major, with variances, N.J.S.A. 40:55D-70(c) | Additional $120 per variance | $120 per variance | |||
Major, with variances, N.J.S.A. 40:55D-70(d) | Additional $120 per variance | $360 per variance | |||
Major subdivision, final | $240 | $1,200 | |||
Amendments to final approvals | $240 | $1,200 | |||
Request for extension of approvals | $240 | $360 | |||
Site plans | |||||
Waiver | $300 | $360 | |||
Preliminary | |||||
Class I: up to 15,000 square feet of building area or site area development | $600 | $600 | |||
Class II: from 15,000 to 100,000 square feet of building area or site area development | $770 | $2,400 | |||
Class III: over 100,000 square feet of building area or site area development | $1,440 | $6,000 | |||
Class IV: casino projects | $1,920 | $12,000 | |||
Final | |||||
Class I: up to 15,000 square feet of building area or site area development | $480 | $600 | |||
Class II: from 15,000 to 100,000 square feet of building area or site area development | $672 | $2,160 | |||
Class III: over 100,000 square feet of building area or site area development | $1,152 | $6,000 | |||
Class IV: casino projects | $1,920 | $12,000 | |||
Amendments to final approvals | $300 | $1,200 | |||
Request for extension of approvals | $120 | $300 | |||
Variances | |||||
Variance pursuant to N.J.S.A. 40:55D-70(a) (appeal) | $120 per | $600 | |||
Variance pursuant to N.J.S.A. 40:55D-70(b) (interpretation) | $120 per | $600 | |||
Variance(s) pursuant to N.J.S.A. 40:55D-70(c) | $120 | $360 | |||
Variance(s) pursuant to N.J.S.A. 40:55D-70(d) | $120 | $360 | |||
Conditional use permit | $600 | $600 | |||
Request for amendment to Land Use Ordinance | $3,000 | $6,000 | |||
Variance(s) from Chapter 132, Flood Damage Prevention | $120 | $480 | |||
Certificate of nonconformity | |||||
Commercial | $180 | ||||
Residential | $120 | ||||
Certificate of land use compliance | |||||
Commercial | $60 | ||||
Residential | $30 | ||||
Special meeting requested by applicant (in addition to all other required fees) | $240 | $600 | |||
(2)
The actual costs incurred for time spent by the City Engineer, the staff of the Atlantic City Department of Planning and Development, the Attorney for the Planning Board or Zoning Board of Adjustment and such other professional consultants as have been retained by the Planning Board or Zoning Board of Adjustment for review of an application for development shall be allocated to each applicant on the basis of the time spent on a pro rata basis for each applicant.
(3)
The application fees and the sum stated for deposit in the escrow fund recited hereinabove are minimums which must accompany the application. An application shall not be deemed complete until the application fee required has been paid. The City Land Use Administrator shall exercise his discretion in establishing the figure required for the Escrow Fund in the event that the project will require more time for review than has been provided for by the figures recited hereinabove or the project is of a nature that is not expressly included in one of the aforementioned categories.
(4)
All escrow amounts not actually used shall be refunded to the applicant upon recommendation of the City Land Use Administrator.
B.
Escrow funds.
(1)
The applicant shall submit all fees to the City Comptroller's office. The City Land Use Administrator shall forward all fees to the City Comptroller's office. The application fees received shall be deposited into the general account of the City. The escrow funds shall be accounted for separately on a per-project basis. Detail charges against each account shall be forwarded to the City Comptroller by the Land Use Administrator. In the event that a refund is to be made to the applicant, the Comptroller's office shall refund the appropriate amount within 30 days from the date of applicable plan certification or six months from the date of the applicable approval, whichever occurs first.
(2)
When the amount in the Escrow Fund has been reduced to 20% of the original amount placed in escrow and the City Land Use Administrator determines that additional escrow funds are needed to complete the development application, he shall require an additional deposit in an amount, in his opinion, that is sufficient to cover the cost of completing the development application.
(3)
The City Land Use Administrator, in conjunction with the professionals utilized by the Planning Board and the Zoning Board of Adjustment, shall prepare a detailed accounting of all moneys expended from the Escrow Fund. A copy of said accounting shall be available to the applicant upon request.
C.
(Reserved)
D.
(Reserved)
E.
Notice list. The fee for providing a list of persons entitled to notice pursuant to § 163-198B of this chapter shall be $10.
F.
Transcripts and recordings. The fee for providing transcripts or recordings of any proceeding held pursuant to this chapter shall be an amount equal to the actual cost to the City of producing or reproducing such transcript or recording, plus 10% of such cost to help defray administrative expenses.
G.
Documents. The fee for providing copies of any document or record relating to this chapter or its administration shall be set from time to time by the Land Use Administrator at a level sufficient to recoup the entire cost of producing and providing such documents.
H.
(Reserved)
I.
Ordinances, rules and regulations. The fee for copies of this chapter, the Zoning Map and any rules, regulations, explanatory materials or similar documents shall be set from time to time by the Land Use Administrator at a level designed to recoup the entire cost of producing and providing such documents.
J.
Fees are cumulative. Each of the foregoing fees which is applicable to any development shall be paid, and the payment of any single fee shall not be construed to include payment of any other fee.
K.
Exemption of fees. Upon written request from a charitable, philanthropic, fraternal or religious nonprofit organization holding a tax exempt status under the Federal Internal Revenue Code of 1954 [26 U.S.C. § 8501(c) or (d)], the Land Use Administrator may waive the payment of fees required by § 163-10A and B of this chapter.