[Adopted 3-21-2011 by Ord. No. 1688-2011]
A.
On August 17, 2009, the Township Committee adopted a resolution designating
Block 1135.01, Lot 10.01, commonly known as the "Atlantic City Race
Course (ACRC)" property to be an area in need of rehabilitation as
defined in the Local Redevelopment and Housing Law (LRHL) at N.J.S.A.
40A:12A-1 et. seq.
B.
As provided for in the LRHL, this plan has been prepared to effectuate
the rehabilitation and redevelopment of ACRC Rehabilitation Area,
in a comprehensive, coordinated manner so that the area becomes an
asset to the Township.
B.
BUILDING HEIGHT
CONFERENCE CENTER HOTEL
PROJECT AREA
REDEVELOPER
REDEVELOPMENT ENTITY
TRANSPORTATION CENTER
The following definitions shall apply in the redevelopment area:
The vertical distance measured from the average grade 10
feet from the building wall to the deck of a flat roof and to the
mean height between eaves and ridge for gable, hip and gambrel roofs.
Measurement of building height shall not include rooftop appurtenant
structures such as elevator penthouses, lighting features and other
similar structures to be placed above the roof level and not intended
for human occupancy. For hotel uses, rooftop appurtenant structures
shall not increase the height by more than 10% beyond that point of
the roof at which the building height is measured and shall not occupy
more than 25% of the proposed rooftop area.
A hotel with facilities used for conferences and seminars
with dining, recreation, entertainment, resource facilities, meeting
rooms, health and fitness center and retail stores and services primarily
intended to serve hotel guests and conference attendees.
The redevelopment plan geographic area as generally described
herein and the parcels identified pursuant to the Hamilton Township
Tax Map incorporated as Exhibit 1.[1]
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.
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.
A building or group of buildings which accommodate transportation
activities, both public and private, such as, without limitation,
bus, jitney bus, taxi, limousine and related transportation activities,
including passenger pickup, dropoff and waiting.
[1]
Editor's Note: The Tax Map is on file in the Township offices.
It is the intent of the Atlantic City Race Course redevelopment
plan (the "redevelopment plan") to promote the advancement of community
interests through the expansion and improvement of nonresidential,
residential and recreational facilities and to promote physical development
that will be conducive to the social and economical improvement of
the Township of Hamilton. More specifically, this redevelopment plan
is intended to:
A.
Improve and abate the present conditions of deterioration in commercial
properties, public services and facilities;
B.
Ameliorate and correct decay in a timely and concerted effort of
responsible public bodies to promote redevelopment which would not
otherwise occur solely by private effort;
C.
To provide a mechanism for the orderly planning and private development,
redevelopment and/or rehabilitation of the project area consistent
with certain municipal objectives and public policy goals as stated
herein;
D.
To be consistent with the recommendation in the 2006 Master Plan
Reexamination Report that development in this area should include
mixed uses, including the opportunity for a hotel, regional and pedestrian
commercial uses and a variety of residential uses;
E.
To insure that residential development in this area provides an appropriate
number of dwelling units that are affordable to low- and moderate-income
households pursuant to the state law and the Township's affordable
housing compliance plan.
F.
To facilitate the transfer of the privately owned and maintained
section of Leipzig Avenue to public ownership by Atlantic County.
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 Atlantic City
Race Course Rehabilitation 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.
(3)
To work cooperatively with the landowners in development of a plan
that achieves the redevelopment goals.
(4)
To designate Greenwood ACRA, Inc., the property owner, 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 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 New Jersey Department of Transportation, Atlantic
County, regional transportation agencies and the redeveloper to ensure
that the surrounding road network and traffic control measures are
adequate to provide safe access/egress to the redevelopment sites.
(4)
The removal and cleanup of any hazardous wastes or materials that
may be found on site or within the buildings.
The redevelopment plan will implement existing property zoning
as currently set forth in the Township of Hamilton Land Development
Ordinance[1] with no changes to the zoning standards for the Planned
Village Development Zone. The redevelopment plan proposes minor additions
to permitted and accessory uses in the Recreational Commercial Zone
as well as changes to the area and bulk standards applicable in that
district.
A.
Current zoning/Zoning Map. The project area occupies two zoning districts
currently shown on the Zoning Map of Hamilton Township: Recreational
Commercial (RC) and Planned Village Development (PVD). The current
zoning boundaries and zoning designations are unchanged.
B.
Planned Village Development Zoning District. The zoning standards for the Planned Village Development Zone as outlined under §§ 203-242 through 203-260 of the Hamilton Township Land Development Ordinance[2] shall apply to that portion of the project area located
within that zoning district without exception.
C.
Recreation Commercial Zoning District. The following zoning standards
shall apply to that portion of the project area located in the Recreational
Commercial District:
(2)
Accessory uses.
(b)
In the project area, accessory renewable energy facilities may
be sized to exceed the energy needs of the principal use and may make
the excess electric energy generated available to other uses in and
adjacent to the rehabilitation area.
(3)
Area and bulk requirements. Within the project area, the following
area and bulk standards shall supersede those applicable to the RC
District listed on the Table of Lot Requirements for Commercial Districts:
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Area and Bulk Standards
| ||||
|---|---|---|---|---|
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Requirement
|
District RC
| |||
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Maximum height
| ||||
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Principal structure
| ||||
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Stories
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5
| |||
|
Feet
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65
| |||
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Accessory structure
| ||||
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Feet
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30
| |||
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Hotels
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235 feet, provided that the hotel is linked to the existing
grandstand structure, otherwise the height shall not exceed 120 feet.
| |||
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Lot requirements
| ||||
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Minimum lot area
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5 acres
| |||
|
Minimum width
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200
| |||
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Maximum coverage of lot by impermeable surface (percent)
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80%
| |||
|
Minimum yard requirements
| ||||
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Front yard setback (feet)
|
50
| |||
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Side yard setback (feet)
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30 each side
| |||
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Rear yard setback (feet)
|
35
| |||
|
Marginal access road
|
Required
| |||
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Open landscaped area (minimum) (percent)
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25%
| |||
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Building length (maximum) (feet)
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—
| |||
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Maximum impervious coverage of the project area
|
60%
| |||
D.
Other standards. Except as amended above, all other standards for site development established in the Land Use and Development Ordinance (Chapter 203 of the Township Code) shall be applicable to development undertaken pursuant to this redevelopment plan except where those standards are superseded by the New Jersey Residential Site Improvement Standards (N.J.A.C. 5:21-1 et seq.).
E.
Additional building controls. Unless otherwise specified in this
redevelopment plan, all land use, building limit and other controls
contained herein are not a substitute for any requirements, controls
or regulations established by any applicable state or federal agency
which, by law, supersede or constitute additional controls to those
contained herein.
F.
Underground utility lines. Utility distribution lines and infrastructure
(either existing or, where reasonably feasible, new) for all systems
shall be placed underground wherever permissible by governing public
utility companies and building codes. Utility easements shall comply
with Township requirements established at the time of site plan approval.
Relocation and/or replacement of utility lines and expense related
thereto shall be addressed by the redeveloper.
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
and not to be deemed in any way to be binding on the redeveloper.
The completed development may be different based on market demands
and/or review comments received from the Planning Board and Pinelands
Commission.
[1]
Editor's Note: The conceptual plans are on file in the Township
offices.
A.
This is not applicable. The project area is owned in its entirety
by the Greenwood ACRA, Inc., who has requested and subsequently obtained
the governing body's designation of the project area as an area in
need of rehabilitation. As such, it is not necessary to acquire privately
owned property as part of the redevelopment plan. The plan, accordingly,
does not contemplate use of the power of eminent domain.
B.
There are no privately owned residential properties within the project
area; therefore, there are no requirements for the temporary or permanent
relocation of residents.
The project area is owned in its entirety by the Greenwood ACRA,
Inc., and acquisition of additional property is not necessary to effectuate
this plan.
A.
State Development and Redevelopment Plan/New Jersey Pinelands Comprehensive
Management Plan (SDRP/CMP).
(1)
The New Jersey State Development and Redevelopment Plan acknowledges
the special statutory treatment allowed the Pinelands Commission under
the Pinelands Protection Act and The State Planning Commission relies
on the Pinelands Comprehensive Management Plan in developing the State
Plan. Given the fact that the redevelopment plan utilizes the existing
zoning established by Hamilton Township, a Pinelands certified zoning
plan, and involves a property located within a growth zone of the
Pinelands District, the proposed plan is consistent with the Pinelands
Comprehensive Management Plan and, as such, consistent with the State
Development and Redevelopment Plan.
(2)
The Pinelands Comprehensive Management Plan (CMP) sets forth land
use patterns which serve as the template for the zoning plans of all
municipalities within the Pinelands area. As stated in the Pinelands
CMP:
|
"Regional growth areas are those areas designated in response
to the mandate in the Pinelands Protection Act to encourage appropriate
patterns of compatible residential, commercial, and industrial development,
in or adjacent to areas already utilized for such purposes, in order
to accommodate regional growth influences in an orderly way while
protecting the Pinelands environment from the individual and cumulative
adverse impacts thereof."
|
(3)
Being a property located within the Regional Growth Zone of Hamilton
Township, the project area is consistent with the Pinelands CMP as
an area within a designated growth node. Additionally, plan consistency
with existing zoning regulations of Hamilton Township further assures
compliance with Pinelands standards given the Pinelands certification
process which Hamilton Township underwent prior to adoption of their
Master Plan and Land Development Ordinances. This process mandates
consistency between local land use plans and the Comprehensive Management
Plan.
B.
Atlantic County Master Plan. The redevelopment plan is consistent
with the following land use goals of the Atlantic County Master Plan
(October 2000):
|
2.
|
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.
| |
|
4.
|
Promote lands for a diversity of economic development opportunities
within the communities of Atlantic County.
|
C.
Master plans of surrounding municipalities. All of the municipalities
adjacent to Hamilton are within the Pinelands Protection Area. The
subject area is in closest proximity to those portions of Egg Harbor
and Galloway Townships designated Regional Growth Areas under the
Pinelands Comprehensive Management Plan. 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.
A.
Master Plan. The redevelopment plan is consistent with the recommendation
of the 2006 Master Plan Reexamination Report for future development/redevelopment
of the ACRC property to include "mixed uses, including the opportunity
for a hotel, regional and pedestrian commercial uses and a variety
of residential uses."
B.
Development (Zoning) Ordinance. As noted in § 245-56, with the exception of providing for additional uses in the Recreational Commercial Zone, this redevelopment plan does not include any other proposed changes to the current Planned Village Development and Recreational Commercial zoning standards.
A.
If the low- and moderate-income units required pursuant to the zoning
standards of the Planned Village Development zone are developed as
rental units, the redeveloper may request a payment in lieu of taxes
(PILOT) based upon a percentage 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 residential
development.
B.
Nonresidential development in the Recreation Commercial zone may
request financial incentives as permitted under existing New Jersey
and local law.
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.
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 Atlantic City Race
Course area in need of rehabilitation.
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 area in need of rehabilitation 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:12A9a, have
been satisfied.
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.
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.
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.
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.
