Township of Hamilton, NJ
Atlantic County
By using eCode360 you agree to be legally bound by the Terms of Use. If you do not agree to the Terms of Use, please do not use eCode360.
Table of Contents
Table of Contents
[Adopted 3-21-2011 by Ord. No. 1688-2011]

§ 245-52 Introduction; purpose of redevelopment plan.

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.

§ 245-53 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Unless superseded by a definition in the following Subsection B, the definitions set forth in § 203-18 of the Code of the Township of Hamilton (also known as the "Developmental Ordinance") shall be applicable within the redevelopment area.
B. 
The following definitions shall apply in the redevelopment area:
BUILDING HEIGHT
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.
CONFERENCE CENTER HOTEL
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.
PROJECT AREA
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]
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.
TRANSPORTATION CENTER
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.

§ 245-54 Redevelopment goals.

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.

§ 245-55 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 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.

§ 245-56 Proposed land uses and building requirements in redevelopment area.

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.
[2]
Editor's Note: See Ch. 203, Land Use and Development.
C. 
Recreation Commercial Zoning District. The following zoning standards shall apply to that portion of the project area located in the Recreational Commercial District:
(1) 
Permitted uses.
(a) 
All uses shown in § 203-58A as permitted in the RC District.
(b) 
Institutional uses, excluding cemeteries, law enforcement facilities and military facilities.
(c) 
Hotels and conference center hotels.
(d) 
Offices.
(e) 
Transportation centers.
(2) 
Accessory uses.
(a) 
All accessory uses permitted in the RC zone as shown in § 203-58B.
(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:
Area and Bulk Standards
Requirement
District RC
Maximum height
Principal structure
Stories
5
Feet
65
Accessory structure
Feet
30
Hotels
235 feet, provided that the hotel is linked to the existing grandstand structure, otherwise the height shall not exceed 120 feet.
Lot requirements
Minimum lot area
5 acres
Minimum width
200
Maximum coverage of lot by impermeable surface (percent)
80%
Minimum yard requirements
Front yard setback (feet)
50
Side yard setback (feet)
30 each side
Rear yard setback (feet)
35
Marginal access road
Required
Open landscaped area (minimum) (percent)
25%
Building length (maximum) (feet)
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.
[1]
Editor's Note: See Ch. 203, Land Use and Development.

§ 245-57 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 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.

§ 245-58 Provisions for relocation of residents and business in redevelopment area.

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.

§ 245-59 Identification of any property that may be acquired in accordance with redevelopment plan.

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.

§ 245-60 Relationship to other plans.

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.

§ 245-61 Relationship to Township Master Plan and Development Ordinance.

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.

§ 245-62 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 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.

§ 245-63 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.

§ 245-64 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 Atlantic City Race Course area in need of rehabilitation.

§ 245-65 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 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.

§ 245-66 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.

§ 245-67 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.

§ 245-68 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.

§ 245-69 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.