Ocean City City Zoning Code

The developer shall, at the time of application, prior to any scheduled public hearing or filing for final approval, pay a nonrefundable application fee and an escrow fee to the City of Ocean City by cash, certified check, or bank draft in accordance with the fee schedule contained in Chapter 30, Schedule L of the Revised General Ordinances of the City of Ocean City. The fee to be paid shall be the sum of the fees for the component elements of the plat or plan. Proposals requiring a combination of approvals such as subdivision, site plan, and/or variance, shall pay a fee equal to the sum of the fees for each element.

At time of closeout, the limit for requesting additional funds or issuing a refund will be $25.00.

All applications and escrow fees pursuant to Chapter 30, Schedule L of the Revised General Ordinances of the City of Ocean City shall be submitted at the time of application. These monies are intended to cover all necessary and reasonable costs incurred by the City for the Planning Board or Zoning Board of Adjustment to review and render decisions on such applications. These costs include but are not limited to professional fees and/or the cost of technical staff, and advertising, postage and copying expenses. An additional six percent (6%) administrative fee will be assessed on the total actual cost of each application to cover the usage of City buildings, office space, and furnishings, utilities, and accounting and related support staff costs. The professional and technical staff is intended to include but not limited to the following: Board Attorneys, City Engineer, City Planner, City review staff, and other professionals as may be required on particular applications, along with the Secretary to the Planner and other applicable technical staff. The fee for the services of the technical and professional staff shall be determined by resolution of the Planning Board, Zoning Board of Adjustment, or City as appropriate.

The amount specified for escrow deposits are estimates, and it is recognized additional escrow fees may be necessary in particular applications. In the event that more than the amount specified for escrow is required in order to pay the reasonable costs incurred, the applicant shall, prior to being permitted to move forward in the approval procedure, pay all additional required sums. In the event a negative escrow balance develops prior to obtaining Certificate of Occupancy for any portion of the project, applicant/owner shall pay all additional required sums.

Escrow fees shall be controlled by the City Treasurer. In the event that the escrow deposit is more than required to pay necessary and reasonable costs of the technical and professional staff, the excess funds shall be returned to the applicant as specified in N.J.S.A. 40:55D-53.2d.

When any development proposal given preliminary approval by the Planning Board or Zoning Board of Adjustment requires the review of a master deed, a certificate of incorporation and bylaws of any Homeowners Association, the form of unit deed to be utilized and all relevant documents required by the condominium law or other applicable law and regulations and easements and dedications, the applicant shall pay a fee at the current rate per hour for the City Attorney for such review prior to any scheduled public hearing or the applicant filing for final approval.

When any development proposal approved by the Planning Board, or Zoning Board of Adjustment includes the construction of off-site public improvements, the developer, owner or applicant shall pay to the City of Ocean City, prior to the issuance of any Development Permit or the start of construction, an inspection escrow fee equal to five percent (5%) of the estimated cost of the off-site improvement to be deposited in a construction inspection escrow account. Said estimate shall be approved by the Planning Board or Zoning Board of Adjustment Engineer. City inspection costs will be paid from escrow funds. Certificates of Occupancy or acceptance of such improvements shall not be issued until the City Engineer, Board of Adjustment Engineer or Planning Board Engineer, as the case may be, certifies in writing to the correctness and accuracy of all off-site improvements.

Required inspection fees shall be paid prior to any scheduled public hearings, the issuance of a Development Permit or signing of a final plat or, when authorization has been granted pursuant to the provision of this Ordinance, prior to the start of construction of an improvement before final plat approval. Such fees shall be paid for the lots in the section or sections for which final approval has been granted or in which the developer proposes to install improvements prior to final approval. The inspection fee shall be equal to five percent (5%) of the approved Engineer's construction estimate for the improvements and shall be deposited in a construction inspection escrow account. Said estimate shall be approved by the Planning Board or Zoning Board of Adjustment Engineer. City inspection costs will be paid from escrow funds. Certificates of Occupancy or acceptance of improvement will not be issued until the developer's engineer provides an "as built" subdivision or site plan and the Zoning Board of Adjustment or Planning Board Engineer, as the case may be, certifies that all on and off site improvements have been completed in accordance with all development provisions.

Additionally, if the Planning Board or Zoning Board of Adjustment creates as a condition of any approval, a requirement that ongoing inspections are necessary by the City of Ocean City to ensure compliance as a condition of approval by an applicant, then it shall be the obligation of the applicant to bear the cost of the inspection fees by placing a sum designated by the Planning Board, Zoning Board of Adjustment, or the City of Ocean City as appropriate, in an escrow fund. Fees will be based on length of time involved, number of inspections required and the cost of the inspection to the City. When all inspections have been completed to the satisfaction of the Planning Board, Zoning Board of Adjustment or City as appropriate, any excess escrow fund shall be returned to the applicant pursuant to the procedure specified in N.J.S.A. 40:55D-53.2.d.

When applications for preliminary and final approval are made simultaneously, the Planning Board or Zoning Board of Adjustment shall have the right to waive the payment of additional deposits.

The Administrative Officer shall, upon request, make and certify a list from the current tax duplicate of name and address of owners to whom the applicant is required to give notice pursuant to N.J.S.A. 40:55D-1(b).

No applications for development, including a Zoning Permit, shall be considered by the Planning Board, Zoning Board of Adjustment, or Zoning Officer without the prior deposit of sufficient application and escrow funds as contained in Chapter 30, Schedule L of the Revised General Ordinances of the City of Ocean City, and proof by the applicant of payment of all outstanding property taxes on the parcel(s) in question.