Township of Hamilton, NJ Article I Old Harding Highway Redevelopment Area

[Adopted 7-12-2010 by Ord. No. 1673-2010]

§ 245-1 Introduction; purpose of redevelopment plan.

A. On October 19, 2009, the Township Committee adopted a resolution designating Block 732, Lots 59, 62, 63, 65 and 75, formerly referred to as "45 Mill Street," to be an area in need of redevelopment (redevelopment area) as defined in the Local Redevelopment and Housing Law (N.J.S.A. 40A:12A-1 et seq.).

B. That same evening, the Township Committee authorized the Land Use Subcommittee and the Community Development Director to prepare the redevelopment plan for this area.

C. The purpose of this plan is to effectuate the redevelopment of this area, which is located on the fringe of the Mays Landing Historic District, in a comprehensive, coordinated manner so that the area becomes an anchor at the western end of Main Street and is an asset to the Township.

§ 245-2 Definitions.

A. Unless superseded by a definition in the following Subsection B, the definitions set forth in § 203-18 of the Code of the Township of Hamilton (aka, the Developmental Ordinance) shall be applicable within the Redevelopment Area.

B. The following definitions shall apply in the redevelopment area:

GROSS LEASABLE AREA (GLA)

The total floor area for which a tenant pays rent and that is designed for the tenant's occupancy and exclusive use, including basements and mezzanines. Gross leasable area does not include public or common areas, such as stairwells, common corridors, malls, etc.

PROJECT AREA

The redevelopment plan geographic area as generally described herein and the parcels identified pursuant to the Hamilton Township Tax Map as explicitly set forth and shown on the conceptual redevelopment plan referred to herein.

REDEVELOPER

Any person, firm, corporation or entity that shall enter into or propose to enter into a contract with the Township of Hamilton, or any successor redevelopment entity, for the redevelopment or rehabilitation of the project area.

REDEVELOPMENT ENTITY

The governing body of the Township of Hamilton, acting as the implementing agent for this redevelopment plan in accordance with and under the provisions of N.J.S.A. 40A:12A-1 et seq.

§ 245-3 Redevelopment goals.

The future redevelopment of the designated area should take into consideration the existing mixed land uses surrounding the site and the overall policies and goals of the Township, as set forth in the 2006 Master Plan Reexamination Report and Master Plan Update. Accordingly, the redevelopment plan should, to the greatest extent practicable, incorporate the following goals:

A. To support the recommendation in the Reexamination Report encouraging the revitalization of the traditional "Main Street" commercial area of Mays Landing though the redevelopment of the site as a mixed-use development incorporating residential, commercial and public uses in addition to appropriate accessory facilities.

B. To establish a transitional district situated between the Mill Complex Redevelopment Area (permitted density of 40 du/acre) and the existing low density R-9 (residential 9,000 square feet minimum lot area) Zone, thereby addressing the housing goal of providing a broad variety of housing types.

C. To take advantage of the site's visual and physical proximity to Lake Lenape and to use the lake as a visual focal point from key locations in the redevelopment area.

D. To provide appropriately scaled commercial facilities, compatible with existing commercial uses along Main and Mill Streets, to help establish a critical mass of commercial uses and to promote pedestrian activity as called for in the Reexamination Report.

E. To provide adequate shared parking to both serve the needs of the uses within the redevelopment area and help support other uses along Main and Mill Streets.

F. To take advantage of the site's unique location on both the Pine Barrens Byway and the New Jersey Coastal Heritage Trail by providing appropriate public facilities that support tourism and outdoor recreation activities in the region.

G. To provide an appropriate number of dwelling units that are affordable to low- and moderate-income households pursuant to the rules adopted by the New Jersey Council on Affordable Housing (COAH) and the Uniform Housing Administrative Code (UHAC).

§ 245-4 Strategic plan.

All redevelopment activities in the designated area shall be carried out in compliance with all applicable federal, state and Township laws and regulations. The redevelopment plan for the Old Harding Highway Redevelopment Area shall include the following:

A. Planning and implementation.

(1) Designate the Township Committee as the Redevelopment Agency for the project area.

(2) Designate the Planning Board as the Review Agency for all applications relating to this plan. As part of the review process, the Historic Preservation Commission shall provide input and recommendations for the Planning Board to consider regarding the exterior treatment of structures on site, as well as architectural elements, such as fences, lighting and signage.

(3) To work cooperatively with the landowners in development of a plan that achieves the redevelopment goals.

(4) To work cooperatively with the property owner, Citta Freedman Redevelopment Associates, LLC, in the selection of a redeveloper for the property.

(5) Enter into agreements with the redeveloper as allowed by law, to effectuate the implementation of this plan.

(6) Encourage the Planning Board, and the Historic Preservation Commission, to conduct expedited reviews of the redevelopment projects the cost of which are to be borne by the redeveloper.

(7) To work with the designated redeveloper on applications for grants, low-interest loans and other forms of technical, financial or other assistance to implement the redevelopment plan with public, private and nonprofit entities as needed.

B. Infrastructure.

(1) Coordinate with local service providers to insure that the project area has adequate utility capacity (including, but not limited to, sanitary sewers, potable water, storm sewers, electric, natural gas, telecommunications and cable service) to meet the service needs of the proposed mixed-use development.

(2) Encourage the use of alternate energy technologies in the redevelopment area, including, but not limited to, solar, geothermal, etc.

(3) Coordinate with the county and the redeveloper to ensure that the adjacent streets and traffic control measures are adequate to provide safe access/egress to the redevelopment sites.

(4) Coordination of sidewalk and streetscape elements in and around the site with the improvements called for in the Main Street/Mill Street Revitalization Plan.

(5) The removal and cleanup of any hazardous wastes or materials that may be found on site or within the buildings.

§ 245-5 Proposed land uses and building requirements in redevelopment area.

The Old Harding Highway Redevelopment Area is somewhat unique in that it focuses on creating a moderate intensity of residential development (maximum gross density of 10 du/ac) along with commercial uses in a traditional main street design theme as a transition area between the high density of the Mill Complex Redevelopment Area (40 du/ac permitted) and the lower density of the adjacent R-9 Residential District (4.84 du/ac permitted). Accordingly, the redevelopment standards will focus more on the intensity of development on site more than typical area and bulk standards associated with new development. The following standards are to supersede the existing zoning of the site.

A. Overall tract.

(1) Maximum gross residential density: 10 dwelling units/acre.

(2) Minimum gross residential density: five dwelling units/acre.

B. Parcel A (BLK 732 Lot 59, 75).

(1) Permitted uses.

(a) Principal uses.

[1] Residential dwelling units consisting of:

[a] Flats over ground floor commercial uses.

[b] Townhomes, with or without garages.

[c] Attached single-family (duplex) dwellings along Wheaton Avenue.

[2] The following nonresidential uses permitted in the Village Commercial Zone (§ 203-74B of the Township Code):

[a] Studios for artists, craftsmen, photographers, etc. (§ 203-74B(1));

[b] Business offices [§ 203-74B(3)];

[c] Specialty retail [§ 203-74B(4)]; retail sales and other uses generating pedestrian activity, serving neighborhood residential, but excluding sale of building materials, plumbing supplies, motor vehicles, boats or swimming pools, large appliances;

[d] Professional offices [§ 203-74B(5)] excluding medical offices;

[e] Restaurants and cafes [§ 203-74B(9)], including sidewalk cafes but excluding facilities with drive-through windows;

[f] Museums [§ 203-74B(14)];

[g] Personal and household services and business services; but excluding vehicle maintenance, repair, auto body, gas stations and similar uses;

[h] Day-care centers, including nursery schools;

[i] Public buildings, such as municipal offices, police station, library, post office, museum, and similar uses that directly serve the public, but excluding facilities such as public works garage, water treatment plant, electric transformer station, and uses of similar nature;

[j] Banks and savings and loan institutions, but excluding drive-through windows;

[k] General business establishments.

(b) Accessory uses.

[1] Surface and structural parking.

[2] Home personal office(s), subject to the provisions of § 203-175.

[3] Health club/gymnasium.

[4] All other accessory uses customarily incidental to a permitted use.

(2) Area and bulk requirements.

(a) Minimum parcel area: 10 acres.

(b) Minimum perimeter setbacks.

[1] Residential and mixed-use structures.

[a] Street setback: 20 feet from any perimeter street.

[b] Property line setback: 25 feet minimum.

[2] Parking areas and structures.

[a] Surface parking: 10 feet.

[b] Parking structures: 25 feet.

(c) Maximum building height.

[1] Duplexes: 35 feet above the adjacent grade.

[2] Mixed-use structures (flats over commercial): 45 feet.

[a] Parapet height: 50 feet above the adjacent grade.

[b] Accessory structural elements and projections (e.g., elevator equipment structures, mechanical equipment, vents, etc.): up to 15 feet over the roofline height, provided that:

[i] The total area occupied by all accessory structural elements shall not exceed 15% of the building roof area; and

[ii] All accessory structural elements shall be set back a minimum of 10 feet from the building edge.

[3] Townhomes: 35 feet.

[4] Accessory structure(s): parapet height of 20 feet above the adjacent grade.

(d) Maximum net residential density: 10.3 du/acre.

(e) Gross leasable area of nonresidential principal uses.

[1] Minimum: 20,000 square feet.

[2] Maximum: 50,000 square feet.

(f) Maximum impermeable site coverage: 65%.

(3) Parking.

(a) The parking standards established in the Residential Site Improvement Standards [N.J.A.C. 5:21 — 4.14(b)] shall be applicable to residential units in the redevelopment area provided:

[1] The standards for mid-rise apartments shall be applied to residential units in a mixed-use structure.

(b) Nonresidential parking is recommended to be provided at a ratio of one space per 500 square feet of gross leasable area.

(c) Pursuant to N.J.A.C. 5:21-4.14(e), a shared parking approach to the provision of parking is encouraged and shall be permitted based on the following:

[1] The applicant to shall demonstrate to the Board the actual need for parking by the presentation of parking generation studies from authorities on the subject of parking generation. The parking generation study shall include all nonresidential and residential uses proposed at the site and what percentage will use public transportation. The parking generation study shall include a time schedule matrix of uses that will share on-site parking. Publications by the Institute of Transportation Engineers (ITE) or the American Planners Association (APA) or other professional associations will be considered. If a parking generation study is not provided, the parking requirements in RSIS parking standards will prevail.

[2] The Planning Board may consider permitting up to a thirty-percent reduction in required parking for a mixed-use commercial/residential development with affordable housing units proposed, provided the applicant can demonstrate with a parking generation study that anticipated patrons will be generated from the adjoining proposed multifamily development and the adjacent neighborhood.

[3] The Planning Board may consider permitting a twenty-percent reduction in required parking, provided an area is reserved for expansion in the event the parking is determined to be necessary by the Planning Board or by the applicant at a future date. If the additional parking is pre-engineered and reviewed by the Planning Board and Planning Board's professionals at the time the original approval is granted, the additional parking can be constructed within five years of that approval without returning to the Planning Board, provided that the applicant informs the Planning Board Administrator and Township Engineer in writing and posts a performance guarantee and inspection escrow prior to actual construction taking place.

(d) In the case were the applicant demonstrates that a reduction in residential parking below RSIS standards is warranted, the Planning Board will support and the Township will act on any reasonable request for de minimus exceptions to the RSIS parking standards if so required.

(4) Affordable housing requirements.

(a) A minimum 15% of all residential units shall be set aside for occupancy by low/moderate-income households.

[1] The redeveloper may adjust the size (in square feet) of units designated for occupancy by low/moderate-income households to be less that of market units, provided that the income-restricted units comply with the minimum unit size requirements established in the Uniform Construction Code.

[2] The affordable units shall be subject to the provisions of Subsections C(2) to (4), D, and F through S of § 203-187 (Fair Housing Standards) of the Township Code.

[3] Units that are deed restricted to occupancy by low- and/or moderate-income households shall be excluded from any calculation of dwelling units for the purpose of determining if the proposed development requires the purchase of Pinelands development credits.

(5) Pinelands development credits.

(a) Residential development.

[1] Pinelands development credits shall be required to facilitate the development of 20% of the market-rate residential units developed in the redevelopment area.

[2] Pinelands development credits shall not be required for units that are set aside and deed restricted for occupancy by low- and/or moderate-income households.

(b) Nonresidential development: shall not require the acquisition or redemption of any Pinelands development credits.

C. Parcels B and C (BLK 732 Lots 62, 63 and 65).

(1) Permitted uses.

(a) Off-street parking.

(b) Public amenities.

(2) Area and bulk standards.

(a) Minimum lot area: 5,000 square feet.

(b) Minimum landscaped perimeter buffers.

[1] Old Harding Highway: five feet.

[2] Alley: zero feet.

[3] Lot 64: three feet.

(c) Maximum impermeable coverage: 90%.

D. Other standards.

(1) With the exception of the development standards set forth in Subsections A and B (above), the standards of the Township Development Ordinance (Chapter 203 of the Township Code) shall be applicable to development in the redevelopment area.

§ 245-6 Zoning Map amendment.

Section 203-11, Zoning districts enumerated, is amended to add the Old Harding Highway Redevelopment Area to the list of districts and OHHRA to the list of district symbols. In addition, the Zoning Maps listed in § 203-12B(1) and (2) shall be amended to show the boundary of the redevelopment area and to include Old Harding Highway Redevelopment Area (OHHRA) on the Zoning Designations key.[1]

[1] Editor's Note: The Zoning Maps are on file in the Township offices.

§ 245-7 Conceptual redevelopment plan.

Attached to this article is a concept plan depicting how development of the subject parcels may appear upon completion of the redevelopment project.[1] It must be stressed that these plans are conceptual only. The completed development may be different based on review comments received from the Planning Board, Historic Preservation Commission and Pinelands Commission.

[1] Editor's Note: The conceptual plan is on file in the Township offices.

§ 245-8 Interim use of property in redevelopment area.

Although the purpose of this redevelopment plan is to transform the designated area from an underutilized light-industrial parcel to a mixed-use (residential/commercial) neighborhood, the Township recognizes under the current economic conditions there is a need for the property owner/redeveloper to maintain occupancy of the existing structures during the regulatory approval process. Accordingly, the existing structures on site may continue to be occupied by uses permitted in the IBP zone until construction of the redevelopment project commences; provided, however, that no new tenants shall be permitted after the receipt of final site plan approval.

§ 245-9 Provisions for relocation of residents in redevelopment area.

This is not applicable. There are no residential dwelling units located within the redevelopment area. The existing development consists of industrial structures that are partially occupied by uses allowed under current zoning.

§ 245-10 Identification of any property that may be acquired in accordance with redevelopment plan.

The acquisition of property is not necessary to effectuate this plan.

§ 245-11 Relationship to other plans.

A. State Development and Redevelopment Plan/New Jersey Pinelands Comprehensive Management Plan (SDRP/CMP).

(1) The Old Harding Highway Redevelopment Area is consistent with the policies and objectives of both the Draft State Development and Redevelopment Plan (issued December 2009) and the New Jersey Pinelands Comprehensive Management Plan. The area is located within a Pinelands Regional Growth Area in the community of Mays Landing. Under an existing MOA between the Pinelands Commission and the State Planning Commission, Pinelands Regional Growth Areas are considered the equivalent of Suburban Planning Areas (PA2) in the State Development and Redevelopment Plan.

(2) The plan is consistent with the goals and objective of the Pinelands Regional Growth Area (N.J.A.C. 7:50-5.13(g)), which identifies these areas as being capable of accommodating regional growth influences while protecting the essential character and environment of the Pinelands.

(3) In addition to the consistency with the Pinelands CMP; the redevelopment plan is consistent with the potential revitalization strategies for Mays Landing contained in the "Livable Communities Action Plan for the Regional Growth Area of Hamilton Township" (2004), prepared on the Township's behalf under the Pinelands Commission's Pinelands Excellence Program. Specifically, the LCAP recommends "As part of the strategic revitalization plan (for Mays Landing), Hamilton Township should determine which additional properties besides the Wheaton Building (the Mill Complex Redevelopment Area) could be redeveloped."

(4) The redevelopment plan is consistent with several of the policy objectives for the PA2 in the Draft SDRP including the policies relating to land use, housing, economic development, transportation and infill and redevelopment.

B. Atlantic County Master Plan. The redevelopment plan is consistent with numerous policies of the Atlantic County Master Plan (October 2000), including:

(1) Land use goals.

(a) Promote quality growth and development in areas where capital facilities are available; to discourage growth in areas that would require unplanned extension of capital facilities.

(b) Promote lands for a diversity of economic development opportunities within the communities of Atlantic County.

(2) Natural resources goals.

(a) Protect and preserve the significant natural resource assets of the County.

C. Master plans of surrounding municipalities.

(1) All of the municipalities adjacent to Hamilton are within the Pinelands Protection Area. The master plans and land use ordinances of these municipalities have been certified by the Pinelands Commission as being compliant with the provisions of the CMP. Therefore, it can also be inferred that the redevelopment plan is consistent with the Master Plans of the adjacent municipalities. Note: The adjacent municipalities are Buena Vista Township, Egg Harbor Township, Folsom Boro, Galloway Township, Hammonton and Weymouth Township.

(2) It should be noted that Weymouth Township is the closest municipality, approximately 0.6 mile from the redevelopment area.

§ 245-12 Relationship to Township Master Plan and Development Ordinance.

A. Master Plan.

(1) As shown in the text box below, the redevelopment plan is also consistent with the recommended changes discussed in Part IV of Master Plan Reexamination Report that was adopted by the Planning Board in 2006.

	Wheaton's Facility – Old and New
	In order to have true success of the Main/Mill Street "village commercial" corridor discussed above, the Township must include an adaptive reuse or redevelopment plan for these facilities. The Wheaton's facilities are located just outside the Main and Mill Street corridor, thus any reuse or redevelopment would contribute to the success of the historic district.
	Having this area be redeveloped into a residential and commercial integrated zone would benefit this area greatly by encouraging small businesses to incorporate residential uses above the commercial use. It would provide for a more village-like atmosphere which the Township would like to support in this area.

B. Development (Zoning) Ordinance.

(1) The uses and development regulations set forth in this plan shall supersede the existing IBP zoning of the subject parcels, except as expressly set forth in the redevelopment plan. The redevelopment plan also amends the Zoning Map of the Township to designate Block 732 Lots 59, 62, 63, 65, and 75 as a new district designated the "Old Harding Highway Redevelopment Area."[1]

[1] Editor's Note: The Zoning Maps is on file in the Township offices.

§ 245-13 Policies for use of long-term and/or short-term property tax incentives and other incentives.

A. If the low- and moderate-income units required pursuant to § 245-5B(4) of this redevelopment plan are developed as rental units, the redeveloper may request a payment in lieu of taxes (PILOT) based upon 6.28% of the gross shelter rents should the affordable units be located in one or more rental phases or components and otherwise comply with all regulations promulgated by the New Jersey Housing and Mortgage Finance Agency (NJHMFA) in connection with government-subsidized affordable-rental projects. The term and duration of the PILOT shall be consistent with the term and duration of the NJHMFA mortgage. This PILOT shall only apply to the affordable-rental component of the redevelopment project and, unless otherwise modified below, the rest of the redevelopment project shall be subject to standard taxation.

B. The redeveloper may request other financial incentives as may be permitted under state and local laws.

§ 245-14 Authority; interpretation.

A. Pursuant to N.J.S.A. 40A:12A-13, the Planning Board shall have the sole authority to determine conformance of the redeveloper's concept and design with this redevelopment plan.

B. Subject to the provisions of this redevelopment plan herein, the Planning Board shall have sole authority for the interpretation or clarification of any provision of this redevelopment plan.

§ 245-15 Applicability of plan provisions.

All provisions of this redevelopment plan, including all building controls, regulations and/or restrictions imposed, shall be applicable to all real property and improvements within the redevelopment area.

§ 245-16 Duration of provisions; when effective.

A. The provisions of this redevelopment plan shall expire, and the IBP zoning reinstated, October 9, 2020, 10 years from the date of the initial certification of this ordinance by the New Jersey Pinelands Commission, unless the property owner/redeveloper has all development approvals and the redevelopment entity and redeveloper have executed a redevelopment agreement.

[Amended 11-9-2015 by Ord. No. 1802-2015]

B. Upon satisfaction of the provisions of § 245-16A (above) this redevelopment plan, as it may be amended from time to time, shall be in effect until the goals of the redevelopment plan are satisfied and the redevelopment area is fully redeveloped to the maximum extent permitted under the redevelopment plan.

C. Upon completion of construction and the issuance by the Township of all permanent certificate(s) of occupancy for individual portions or all of the redevelopment project, and at the request of the redeveloper, the Township shall issue to the redeveloper a certificate of completion and compliance for the entire redevelopment project or such portions thereof as the redeveloper shall have completed, certifying that the redevelopment project or the specific portions, thereof were completed in accordance with this redevelopment plan and further certifying that the applicable provisions of the redevelopment agreement, if applicable, indicating provisions related to N.J.S.A. 40A:12A-9a have been satisfied.

§ 245-17 Amendment of redevelopment plan; variances.

A. This redevelopment plan may be amended from time to time upon compliance with all applicable laws and statutes and upon approval of the governing body. In addition to any other requirements, including but not limited to those imposed by N.J.S.A. 40A:12A-13, mutual agreement between the Township and the redeveloper is required where a redevelopment agreement is in place and where an amendment would change the controls governing the use of land under such redevelopment agreement.

B. The Planning Board may approve variances from the area and bulk standards of this redevelopment plan. However, any modification or change of more than 20% of the applicable standard shall necessitate a formal amendment to this redevelopment plan in accordance with law.

C. Modifications or changes in the permitted uses or area and bulk standards, which are inconsistent with the intent of this redevelopment plan, shall not be approved in the absence of a formal amendment to this redevelopment plan.

§ 245-18 Inconsistency repealer.

Because this article provides specialized regulations for housing types, land uses, subdivision improvements, street standards, site planning, and building design within the redevelopment area, the standards and requirements of this article supersede and replace all conflicting provisions in the Hamilton Township Developmental Ordinance. All ordinances of the Township of Hamilton that are inconsistent with the provisions of this article are superseded by the provisions of this article.

§ 245-19 Savings provision.

If any section, subsection, sentence, clause or phase of this article is for any reason held to be unconstitutional or invalid, such decision shall not affect the remaining portions of this article.

§ 245-20 When effective.

This article shall take effect upon final passage, approval, filing with the Atlantic County Planning Board, approval by the Pinelands Commission, and publication as required by law.