[Adopted 7-12-2010 by Ord. No. 1673-2010]
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.
B.
GROSS LEASABLE AREA (GLA)
PROJECT AREA
REDEVELOPER
REDEVELOPMENT ENTITY
The following definitions shall apply in the redevelopment area:
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.
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.
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.
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).
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.
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.
B.
Parcel A (BLK 732 Lot 59, 75).
(1)
Permitted uses.
(a)
Principal uses.
[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.
(2)
Area and bulk requirements.
(a)
Minimum parcel area: 10 acres.
(c)
Maximum building height.
[1]
Duplexes: 35 feet above the adjacent grade.
[2]
[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.
(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.
[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).
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.
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.
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.
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.
The acquisition of property is not necessary to effectuate this
plan.
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.
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.
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
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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.
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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.
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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.
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.
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 redevelopment area.
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.
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.