Township of Hamilton, NJ
Atlantic County
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Table of Contents
Table of Contents
[Added 9-4-2007 by Ord. No. 1606-2007]

§ 245-35 Introduction; purpose of redevelopment plan.

A. 
On December 5, 2005, the Township Committee adopted a resolution designating Block 730, Lots 5.02 and 6 and Block 732, Lot 66, commonly known as the "Wheaton Mill Complex," 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 Director of Community Planning and Economic Development to prepare the redevelopment plan for this area.
C. 
The purpose of this plan is to effectuate the redevelopment of this area, which is a key contributing resource to 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.

§ 245-36 General description of redevelopment area and surrounding vicinity.

A. 
Site location.
(1) 
As shown in Figure 1, Location of the Mill Complex Redevelopment Area,[1] the site is located on the west side of Mill Street at the intersection with Old Harding Highway in Mays Landing. The Mill Complex Redevelopment Area comprises two irregular-shaped parcels with Parcel 1 situated on the northwest corner of the intersection and bounded by the Great Egg Harbor River (north) and Lake Lenape and an existing residential structure (west). Parcel 2 is situated on the southwest corner of the intersection and is bounded by an existing residential structure (south) and a small parking area associated with a nearby light industrial/warehouse structure.
[1]
Editor's Note: Figure 1 is on file in the Township offices.
(2) 
The redevelopment area consists of two separate parcels that are identified on the Tax Map of Hamilton Township as Block 730, Lots 5.02 and 6 (Parcel 1) and Block 732, Lot 66 (Parcel 2).
(3) 
Parcel 1 is the primary parcel of the Mill Complex. Development on site consists of eight buildings constructed (and expanded) over a fifty-nine-year period from 1866 to 1925. These buildings vary from one to three stories (plus penthouses) in height, excluding the water tower on Building 1. The buildings are generally constructed of wood and/or steel framing with exterior walls that are primarily brick with some sandstone portions. The 1924 building is a concrete frame structure with brick infill and large industrial glazing panels. The total floor area is 205,057± square feet.
(4) 
The area of Parcel 1 located immediately adjacent to the intersection is developed as a parking lot (twenty-three-car capacity) that is accessed from Mill Street. A second driveway into the site is located on Old Harding Highway near the western property boundary. This driveway provides access to the interior area of the site as well as a twenty-five-foot-wide access easement to the Lake Lenape dam.
(5) 
Parcel 2, along with adjacent Lot 65, formerly served as the off-street parking lot for Mill Complex employees. While the Tax Map indicates that a ten-foot-wide alley separates Lots 66 and 65 there is an absence of curbing or other barrier distinguishing private property from the public right-of-way. There are 63 parking spaces on Parcel 2, which is almost entirely paved. Exceptions to the paving consist of a couple of landscape islands in the parking area and a planted strip along the Mill Street edge of the site. Parking stalls are located immediately adjacent to the Old Harding Highway right-of-way, which is not consistent with the IBP requirement for parking to be set back 10 feet from the property line. In addition to the aforementioned alley, Parcel 2 is accessible from one driveway on Mill Street (near the southern property boundary) and from two driveways on Old Harding Highway.
B. 
Current zoning of the redevelopment area.
(1) 
The entire redevelopment area lies in the IBP, Industrial Business Park Zoning District. In summary, the uses allowed in the IBP District include, but are not limited to administrative offices, warehousing, light manufacturing, wholesale business establishments, hospitals, medical centers, banks, indoor health and exercise facilities, personnel training centers and research and design laboratories. The area and bulk standards for new development require a minimum lot area of one acre with a minimum street frontage of 200 feet. New development is also required to be set back a minimum of 40 feet from any property line. As was noted in the redevelopment investigation, the standards for the IBP are geared toward new development in a light industrial park setting and are not appropriate for a much older, historic industrial property.
(2) 
In addition, the subject parcels are also situated within the Mays Landing Historic District, which is listed on the state and federal registers and Pinelands designated. The structures within the redevelopment area are classified as contributing resources to the Historic District.

§ 245-37 Redevelopment goals.

The future redevelopment of the designated area should take into consideration the existing development on site, the surrounding land uses and the overall development goals established by the Township. Accordingly, the redevelopment plan should, to the greatest extent practicable, incorporate the following goals:
A. 
To support the Township's ongoing efforts to revitalize the traditional "Main Street" commercial area of Mays Landing through the redevelopment of the site as a mixed-use development incorporating residential, commercial and public uses in addition to appropriate accessory facilities.
B. 
To promote the adaptive reuse of the existing historic structures on site, recognizing that the Mill Complex is a significant contributing element of the Mays Landing Historic District.
C. 
To take advantage of the site's visual and physical proximity to the Great Egg Harbor River and Lake Lenape.
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.
E. 
To provide adequate parking to both serve the needs of the uses within the redevelopment area and support other uses along Main and Mill Streets.
F. 
To take advantage of the site's unique location on both the New Jersey Coastal Heritage Trail and the Southern Pinelands Natural 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).

§ 245-38 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 Mill Complex 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 Commission shall provide input and recommendations 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 designate the property owner, Cotton Mill Associates, LLC, as the redeveloper of the subject parcels.
(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) 
Submit 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, hydroelectric, etc.
(3) 
Coordinate with the county 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) 
Encourage the repair and/or replacement of the existing bulkheads along the Great Egg Harbor River edge of the redevelopment area.
(6) 
Coordinate with the county and the Township on the installation of a pedestrian bridge over the Lake Lenape dam.
(7) 
The removal and cleanup of any hazardous wastes or materials that may be found on site or within the buildings.

§ 245-39 Proposed land uses and building requirements in redevelopment area.

The Mill Complex Redevelopment is somewhat unique in that it focuses on the adaptive reuse of the existing structures rather than demolition and new construction. Accordingly, the redevelopment standards will focus more on the intensity of development on site than typical area and bulk standards associated with new development. The following standards are to supersede the existing zoning of the site.
A. 
Parcel 1 (BLK 730, Lots 5.02 and 6).
(1) 
Permitted uses.
(a) 
Principal uses.
[1] 
Residential dwelling units.
[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)].
[d] 
Professional offices [§ 203-74B(5)], excluding medical offices.
[e] 
Restaurants and cafes [§ 203-74B(9)].
[f] 
Museums [§ 203-74B(14)].
(b) 
Accessory uses.
[1] 
Surface and structural parking.
[2] 
Home personal office(s), subject to the provisions of § 203-175.
[3] 
Business center.
[4] 
Health club/gymnasium.
[5] 
All other accessory uses customarily incidental to a permitted use.
(2) 
Area and bulk requirements.
(a) 
Minimum parcel area: 4.0 acres.
(b) 
Minimum setbacks.
[1] 
Vertical expansion of existing buildings.
[a] 
The setback of new construction may match that of the existing structure below up to a height of 75 feet above the adjacent grade.
[b] 
Between 75 and 95 feet in height the new construction shall be set back a minimum of five feet from the adjacent property line.
[2] 
Parking.
[a] 
On the ground floor level of existing structures: 0 feet.
[b] 
New parking structures: five feet.
[c] 
Surface parking: five feet.
(c) 
Maximum building height.
[1] 
Existing buildings.
[a] 
Roofline height: 90 feet above the adjacent grade.
[b] 
Parapet height: 95 feet above the adjacent grade.
[c] 
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.
[2] 
New accessory structure(s): Parapet height of 20 feet above the adjacent grade.
(d) 
Maximum floor area ratios (FAR).
[1] 
Maximum total FAR: 2.0.
[2] 
Maximum livable FAR: 1.4.
(e) 
Maximum residential density: 40 du/acre.
(f) 
Maximum livable area for permitted principal nonresidential uses: 35,000 square feet.
(g) 
Maximum impermeable site coverage: 90%.
(3) 
Parking.
(a) 
The parking standards for mid-rise developments established in the Residential Site Improvement Standards [N.J.A.C. 5:21 — 4.14(b)] shall be applicable to the proposed redevelopment.
(b) 
The Township will act on any reasonable request for de minimus exceptions to the RSIS parking standards.
(4) 
Affordable housing requirements.
(a) 
A minimum of 10% of all residential units shall be set aside for occupancy by low/moderate-income households.
(b) 
The bedroom distribution of units designated for occupancy by low/moderate-income households shall be proportional to that of the market-rate units (e.g., if half of the market units have two bedrooms, then half of the affordable units are to have two bedrooms).
(c) 
The redeveloper may adjust the size (in square feet) of units designated for occupancy by low/moderate-income households to be less than that of market units, provided that the income-restricted units comply with the minimum unit size requirements established in the Uniform Construction Code.
(d) 
The affordable units shall be subject to the provisions of Subsections C(2) through (4), D, and G through S of § 203-187 (Fair housing requirements) of the Township Code.
(e) 
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. Pinelands development credits shall be acquired and redeemed at a rate of one right (0.25 credit) for every six non-income-restricted housing units (i.e., 16.7% of all market-rate residential units).
B. 
Parcel 2 (BLK 732, Lot 66).
(1) 
Permitted uses.
(a) 
Principal uses.
[1] 
Off-street parking.
[2] 
Public amenities.
(2) 
Area and bulk standards.
(a) 
Minimum lot area: 15,000 square feet.
(b) 
Minimum landscaped perimeter buffers.
[1] 
Mill Street: five feet.
[2] 
Old Harding Highway: five feet.
[3] 
Alley: zero feet.
[4] 
Lot 67: five feet.
(c) 
Maximum impermeable coverage: 90%.
C. 
Other standards. 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.

§ 245-40 Conceptual redevelopment plan.

Attached to this article are concept plans 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 plans are on file in the Township offices.

§ 245-41 Provisions for relocation of residents and businesses in the redevelopment area.

This is not applicable. There are no residents or existing businesses located within the redevelopment area.

§ 245-42 Identification of any property that may be acquired in accordance with redevelopment plan.

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

§ 245-43 Relationship to other plans.

A. 
State Development and Redevelopment Plan/New Jersey Pinelands Comprehensive Management Plan (SDRP/CMP).
(1) 
The Mill Complex Redevelopment Area is consistent with the policies and objectives of both the State Development and Redevelopment Plan 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 a June 1999 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. The plan is also consistent with the purposes of the Pinelands Management Program for Historic, Archaeological and Cultural Preservation (N.J.A.C. 7:50-6.151 et seq) which include the protection and use of areas of special historic interest that represent elements of the region's economic and architectural history; the stabilization and improvement of property values in these areas; the prevention of neglect and vandalism of historic sites and fostering pride in the beauty and noble accomplishments of the past.
(3) 
In addition to the consistency with the Pinelands CMP, the redevelopment plan is consistent with the recommendation from the Livable Communities Action Plan for the Regional Growth Area of Hamilton Township (2004), which was prepared on the Township's behalf by the Pinelands Commission under its Pinelands Excellence Program. The purpose of the Livable Communities Plan was to help the community develop a strategic vision of its future and prepare proposals for zoning, subdivision, site planning and infrastructure improvements to achieve that vision. The following is the text of the Livable Communities Plan recommendation for the redevelopment area:
Redevelop Wheaton Building
The Hamilton Township Master Plan Reexamination Report (1999) already details the redevelopment potential of this historic waterfront resource for the following uses: environmental/historic museum, arts and craft vendors, antique market, artist studio/lofts, restaurant, and offices. Since the historic cotton mill's water dam once provided electric power for Mays Landing, there may be the potential to reharness this power as a redevelopment funding source. Given its enormous potential to become an anchor for Main Street and to create a ripple effect of complementary businesses, a concerted effort is needed to promote the complex's redevelopment.
The size of the property, the age of the structures and market forces make it unlikely that redevelopment will simply occur on its own. The Township should consider forming a task force of local representatives (e.g., the Historic Commission), the county, the state (e.g., the Department of Community Affairs), and non-profits (e.g., Great Egg Harbor Watershed Association) to actively explore appropriate, realistic uses.
(4) 
The redevelopment plan is also consistent with several of the policy objectives for the PA2 established in the SDRP, including the policies relating to land use, housing, economic development, recreation, redevelopment and historic preservation.
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.
(b) 
To discourage growth in areas that would require unplanned extension of capital facilities.
(c) 
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.
(3) 
Historic preservation.
(a) 
Preserve the county's heritage by preserving the historic sites in 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.

§ 245-44 Relationship to Township Master Plan and Development Ordinance.

A. 
Master Plan. 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. 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 730, Lots 5.02 and 6, and Block 732, Lot 66 as a new district designated the "Mill Complex Redevelopment Area."

§ 245-45 Authority and 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.

§ 245-46 General construction and application 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.

§ 245-47 Duration of provisions; certificate of completion and compliance.

A. 
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.
B. 
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.

§ 245-48 Amendment of redevelopment plan.

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 area and bulk standards of this redevelopment plan may be modified or changed at any time by the Planning Board. 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.

§ 245-49 Inconsistency repealer.

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

§ 245-50 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.

§ 245-51 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.