[Adopted 9-16-2024 by Ord. No. 2084-2024[1]]
[1]
Editor's Note: This ordinance also repealed former Art. IV, adopted Atlantic City Race Course Redevelopment Area, 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. 
On October 1, 2018, the Township Committee adopted a resolution (#2018-0359) designating the ACRC property as a non-condemnation redevelopment area in accordance with the LRHL
C. 
As provided for in the LRHL, this 2024 redevelopment plan has been prepared to effectuate the redevelopment of ACRC redevelopment area, in a comprehensive, coordinated manner so that the area becomes an asset to the Township.
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Unless superseded by a definition in the following Subsection B, the definitions set forth in § 203-18 of the Code of the Township of Hamilton (also known as the "Developmental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 ACRC redevelopment area.
B. 
The following definitions shall apply in the ACRC redevelopment area:
BUILDING HEIGHT
The vertical distance measured from the average elevation of the finished grade at an exterior building wall or building segment to the highest point of the deck of a flat roof and to the mean height between eaves and ridge for gable, hip and gambrel roofs. The overall building height shall be calculated as the average of all building sides. The 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.
FULFILLMENT DISTRIBUTION CENTER
A facility used for the receipt, storage, assembly, packaging, shipment, sortation, fulfillment, distribution or delivery of merchandise.
PROJECT AREA
Block 1135.01, Lot 10.01, or any phase, portion or section thereof as generally described 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 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.
It is the intent of this 2024 Atlantic City Race Course redevelopment plan (the "redevelopment plan" or "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 economic 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, and redevelopment of the ACRC redevelopment area consistent with certain municipal objectives and public policy goals as stated herein;
D. 
To be consistent with the recommendation #17 in the 2022_Master Plan Reexamination Report: ". . . to develop design standards for regional distribution centers. . . . These types of uses were not necessarily contemplated at the time of the last Master Plan and appropriate locations and design standards should be considered and established."
E. 
To ensure 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.
G. 
To promote job growth and economic development in the Township.
H. 
To improve the unimproved portion of Paddock Street for enhanced traffic operations.
All redevelopment activities in the designated redevelopment area shall be carried out in compliance with all applicable federal, state and Township laws and regulations. The redevelopment plan for the ACRC redevelopment area includes 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) 
Designate a redeveloper of the project area.
(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 authorize negotiation between the Township and the redeveloper(s) of tax and financial incentives including, but not limited to, property tax exemptions and abatements, and bond financing; and to work with the designated redeveloper(s) 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 ensure 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.
This redevelopment plan will implement existing zoning controls, as currently set forth in the Township of Hamilton Land Development Ordinance except as set forth herein. The recreational commercial area shall now be known as the recreational commercial/industrial area.
A. 
Zoning Map. The Zoning Map is hereby amended to identify the property as the ACRC redevelopment area. The location of the use areas authorized under this Plan shall be consistent with the use area plan provided for under § 245-57 (below).
B. 
Planned Village development area. The zoning standards for the Planned Village Development (PVD) Zone as outlined under §§ 203-242 through 203-260 of the Hamilton Township Land Development Ordinance shall apply to that portion of the project area designated as the Planned Village development area.
(1) 
Signs in the PVD area are subject to the provisions of § 203-143.
C. 
Recreational commercial/industrial area. The following zoning standards shall apply to that portion of the project area designated for commercial and industrial uses:
(1) 
Permitted uses.
(a) 
Bars, taverns, pubs or inns.
(b) 
Drive in restaurants, subject to the provisions of § 203-69.
(c) 
Golf, tennis and family indoor recreation facilities.
(d) 
Medical complexes, nursing or convalescent centers, subject to the provisions of § 203-176.
(e) 
Planned commercial developments, subject to the provisions of § 203-70.
(f) 
Regional and design commercial shopping centers, subject to the provisions of § 203-71.
(g) 
Sports complexes, stadiums and racetracks.
(h) 
Theaters.
(i) 
Administrative offices.
(j) 
Fully enclosed warehouses.
(k) 
Light manufacturing facilities for such uses as, but not limited to, beverages, pharmaceuticals, printing and publishing, confections, clothing, electrical goods, furniture, specialty manufacturing, professional and scientific instruments and electronics.
(l) 
Fully enclosed wholesale business establishments.
(m) 
Banks and drive-in banks.
(n) 
Indoor health and exercise facilities.
(o) 
Personnel training centers.
(p) 
General business establishments, exclusive of equipment rental and leasing, personal supplies and similar businesses.
(q) 
Research and design laboratories.
(r) 
Day-care centers.
(s) 
Restaurants including carry-out and quick serve restaurants.
(t) 
Institutional uses, excluding cemeteries, law enforcement facilities and military facilities.
(u) 
Hotels and conference center hotels.
(v) 
Offices.
(w) 
Transportation centers.
(x) 
Fulfillment distribution centers.
(y) 
Sports, pari-mutuel or other wagering establishments compliant with the requirements of state law.
(z) 
Data centers.
(2) 
Accessory uses.
(a) 
Any structure, accessory building or subordinate use that is customarily incidental to a permitted principal use.
(b) 
In the project area, rooftop accessory renewable energy facilities are permitted. Such 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 ACRC redevelopment area, provided that they meet the standards set forth in N.J.A.C. 7:50-5.36.
(c) 
Trailer storage accessory to permitted warehouse, light manufacturing, and fulfillment distribution center facilities.
(3) 
Prohibited uses.
(a) 
The following adult use recreational cannabis establishments are prohibited within the project area: Class 1 cannabis cultivator; Class 2 cannabis manufacturer; Class 3 cannabis wholesaler; Class 4 cannabis distributor; Class 5 cannabis retailer; and Class 6 cannabis delivery.
(b) 
The refining of combustible materials is prohibited.
(4) 
Area and bulk requirements. Within the project area, the following area and bulk standards shall apply:
Area and Bulk Standards
Type
Requirement
Minimum lot area
5 acres per permitted use
Minimum lot width
200 feet
Maximum building coverage
60%
Maximum impervious coverage
80%
Minimum setbacks (front, sides, rear)
40 feet
Maximum height (principal building)
120 feet (fulfillment distribution centers)
75 feet (all other uses)
Maximum height (accessory building)
30 feet
(5) 
Additional standards.
(a) 
At a minimum, all uses within this district shall be required to submit an impact statement as part of the site plan review process. The statement will include a description of the following elements prepared in accordance with standards set forth in Chapter 203, Article XIV, Environmental Review and Site Analysis:
[1] 
Lighting and security plan.
[2] 
Storage plan.
[3] 
Traffic and circulation plan.
[4] 
Stormwater management plan.
[5] 
Noise impact plan.
[6] 
Sanitary sewer and potable water plan.
[7] 
Solid waste plan.
[8] 
Landscape plan.
(b) 
A perimeter of 15 feet adjoining each building shall remain clear, except for; plantings, pedestrian walkways, loading areas, drive-up ramps, equipment and other auxiliary structures, to permit access of emergency vehicles.
(c) 
Driveways and curb openings.
[1] 
Sites with less than 300 feet of street frontage shall comply with § 203-122B(9). Sites with street frontage of 300 feet or more, are permitted to have a minimum of four driveways from the street and may propose more than four driveways subject to the review and endorsement by the Township Engineer.
[2] 
A minimum driveway width of 18 feet is required for one-way driveways and a minimum of 30 feet for two-way driveways.
[3] 
A minimum width of 30 feet is required for all curb openings with a maximum allowable width of 150 feet, except for driveways at intersections which can be up to 200 feet in width.
(d) 
Any use within this district which abuts a nonindustrial district shall conform to the buffer separation provisions established in § 203-169C. If the buffer separation required by § 203-169C cannot be provided, the buffer strip shall comply with the enhanced buffer system provisions of § 245-56C(7)(d)(4) of this plan.
(e) 
Wetland buffers shall be provided in accordance with the Pinelands standards notwithstanding § 203-169E.
(f) 
All buildings of 100,000 square feet or more shall be designed and constructed to support rooftop solar installation in accordance with P.L. 2021, c. 290.
(6) 
Parking and circulation requirements.
(a) 
Minimum off-street parking requirements: With the exception of the uses listed below, the standards of § 203-60B(1) shall apply.
[1] 
Office, general: one space per 300 square feet of gross floor area.
[2] 
Industrial/manufacturing: one space per 2,000 square feet of gross floor area.
[3] 
Storage, warehousing, shipping and receiving, wholesale distribution, and fulfillment distribution centers: one space per 4,000 square feet of gross floor area.
[a] 
For purposes of calculating the required amount of parking under this section, gross floor area shall include accessory office space which accounts for up to 10% of the total gross floor area of the building(s) in question.
(b) 
Parking shall be permitted in stalls at angles varying from 45° to 90°, subject to Planning Board approval. Widths and lengths of stalls and access lanes will vary with the angle selected. Parking may be located in the front, side or rear yard areas. Such parking spaces shall be permitted within the perimeter setback area, provided that a twenty-foot landscape buffer is provided from all applicable property lines.
(c) 
In outdoor parking areas, excluding truck courts, trailer parking areas, and the areas immediately adjacent to loading docks, at least 5% of the area shall be landscaped. Landscaping shall be located in protected areas, along walkways and, in passenger vehicle parking areas, in islands situated at the ends of parking stall aisles. Landscaped islands shall be a minimum of 10 feet wide and should maintain existing canopy and understory vegetation. Landscaped islands shall not be required in trailer parking areas. With the exception of parking area islands containing light fixtures, islands shall be planted with a minimum of one canopy tree (2 1/2 inches to three inches caliper, 12 feet to 15 feet in height), 10 shrubs (two inches to 2 1/2 inches in height) and groundcover material. Shrubs shall be maintained at a height no greater than 2 1/2 feet in these islands. Plantings shall be spaced in accordance with industry standards.
(d) 
All landscaping in parking areas shall be carefully located so as not to obstruct vision.
(e) 
For all uses within this district, on-site off-street loading areas shall be provided and these loading facilities shall be oriented in such a fashion to create the least possible interference with traffic movement.
(f) 
All parking areas shall have a landscaped perimeter buffer of at least 10 feet in width consisting of existing natural and planted vegetation unless otherwise specified in this chapter.
(g) 
Provisions for electric vehicle (EV) charging infrastructure and/or stations shall be provided on each property in accordance with state law, including P.L. 2021, c. 171. Installation of electric vehicle supply equipment (EVSE) may be provided in lieu of make-ready parking spaces, as those terms are defined in P.L. 2021, c. 171. Any provisions for the development of public EV charging infrastructure and stations shall be addressed in accordance with any development or redevelopment agreement entered into between a redeveloper and the Township redevelopment entity.
(7) 
Landscaping. At a minimum, all permitted uses shall landscape industrial sites so that:
(a) 
Landscaping shall be utilized to complement and accent buildings.
(b) 
Landscaping shall be provided in public areas, parking areas, recreational sites and adjacent to buildings.
(c) 
All areas not covered by buildings, roadways, parking areas and pedestrian walkways shall be landscaped with natural materials. (See § 203-185.)
(d) 
Landscaped buffer shall be provided according to the following principles:
[1] 
Buffers of 20 feet minimum at the site perimeter and 10 feet minimum at outdoor parking perimeters shall consist of natural vegetation in combination with new plants or trees, evergreens and deciduous materials. Such buffers shall be of sufficient height and density to minimize headlights of vehicles, noise and light from structures.
[2] 
Site perimeter buffers of 20 feet in width, minimum, shall include the following options:
[a] 
One shade tree and five shrubs per every 35 linear feet. NOTE: Two ornamental trees or two evergreen trees may be substituted for one shade tree except where the buffer abuts a parking area.
[b] 
Thirty-five feet width of existing woodlands.
[3] 
A ten-foot-wide parking area buffer shall consist of one shade tree and 10 shrubs per every 35 linear feet.
[4] 
Enhanced buffer systems (EBS) are permitted and encouraged in areas where the setback between building, structures or activity areas is reduced and may be located in areas where existing trees, shrubs and other vegetation are inadequate due to necessary clearing. Supplemental plantings, berms and/or fencing may be utilized to provide an adequate buffer to adjacent uses. The EBS may include a combination of berms and/or fences, along with additional landscaping plant materials.
[a] 
The berms shall be composed of lightly compacted soil with stability measures adequate to retain stable soil structure and prevent erosion and shall conform to the following specifics:
[i] 
Minimum height: four feet.
[ii] 
Minimum top width: five feet.
[iii] 
Maximum slope: 3H: IV.
[b] 
The fence shall be a minimum of six feet in height and be a solid fence or a freestanding/retaining wall, which shall be of a decorative material with chain link fences being prohibited.
[c] 
The EBS shall contain landscaping plant materials which, at maturity, provide semi-opacity from the ground to a height of six feet and intermittent visual obstruction from a height of six feet to a height of 30 feet. The clustering of plant materials is encouraged to achieve a more natural appearance and the plantings shall conform to the following specifics:
[i] 
Evergreen trees shall be a minimum of 10 feet in height at time of planting, double staggered.
[ii] 
Deciduous trees shall have a minimum of a four-inch caliper and be a minimum of 16 feet in height at time of planting, double staggered.
[iii] 
Shrubs shall be a minimum of 24 inches at time of planting as required.
[iv] 
Minimum planting width of 32 feet.
(e) 
Loading areas consisting of two or more loading spaces, loading dock and service or maintenance areas shall be screened from adjacent land uses and all public roads according to one of the following options:
[1] 
Six feet minimum height opaque (solid) fence or wall architecturally compatible with building.
[2] 
Six feet minimum height landscaped berm.
[3] 
Six feet minimum height evergreen screen with trees planted eight feet on center in a double staggered row.
(f) 
In the Pinelands Area, landscaping plans shall incorporate the elements set forth in § 203-185A(4).
(8) 
Signs.
(a) 
Functional sign types permitted as provided in § 203-144 except as modified below:
[1] 
Name plate signs, provided that no projecting sign shall extend more than six inches from the face of a wall.
[2] 
Warning signs, provided that such signs are illuminated only by an indirect source of light.
[3] 
On-site informational, directional or auxiliary signs which may, or may not, also contain company branding and logos.
[4] 
Construction signs, provided that such signs are illuminated only by an indirect source of light and are maintained for no more than 14 days following the conclusion of the construction in question. The name, address, and telephone number of the person responsible for such removal shall be marked on the sign.
(b) 
Structural sign types permitted as provided in § 203-140.
(c) 
Number of signs permitted.
[1] 
For signs permitted in § 203-141, Subsection C(8)(a) above shall apply.
[2] 
Window signs shall not be limited in number, but subject to the area limitations of Subsection C(8)(d) below.
[3] 
Facade signs parallel to the street frontage shall not be limited in number, but subject to the area limitations of Subsection C(8)(d) below.
[4] 
Facade signs perpendicular to the street frontage shall not be limited in number, but subject to the area limitations of Subsection C(8)(d) below.
[5] 
Building-mounted structural combinations. Where a single sign structure, such as an awning or marquee sign, contains sign faces both parallel and perpendicular to the street line, such structure shall be considered as two separate signs for purposes of Subsection C(8)(c)[3] and [4] above.
[6] 
The number of freestanding identifications signs shall be determined by the Planning Board at time of application and shall be subject to the area limitations of Subsection C(8)(d) below.
(d) 
Maximum permitted gross surface area of signs.
[1] 
For signs permitted in § 203-141, Subsection C(8)(a) above shall apply.
[2] 
Window signs shall not exceed 35% of the window in which they are exhibited, nor block any window area required by any applicable code for light, ventilation or emergency exit.
[3] 
Facade signs. For each building occupant, one square foot per linear foot of building frontage occupied by the use. The primary identification sign for any building occupant shall not 400 square feet. The maximum vertical dimension for all signs is 10 feet.
[4] 
Freestanding signs: 200 square feet per sign.
[5] 
Awning, canopy, or marquee signs: 300 square feet per sign.
(e) 
Maximum permitted height of signs.
[1] 
Facade, awning, canopy, or marquee signs: 40 feet or the height of the building parapet, whichever is less.
[2] 
Projecting signs: 40 feet or the height of the building parapet, whichever is less.
[3] 
Freestanding signs: 30 feet to the top of the sign face, excluding architectural elements.
[4] 
Window signs: limited to windows located on the building level at which the principal use takes place.
(f) 
Minimum sign setbacks.
[1] 
Facade, awning, canopy, marquee, projecting and window signs shall not be required to provide any setback to lot lines.
[2] 
Freestanding signs shall be set back a minimum of 20 feet from all lot lines.
(g) 
Sign illumination.
[1] 
The illumination requirements of § 203-141 shall apply to all signs permitted pursuant to that section.
[2] 
Indirect and internal illumination with white light is permitted.
[3] 
No flashing, animated, moving or bare-bulb signs are permitted.
[4] 
No window signs installed in windows above the ground floor shall be illuminated.
(9) 
Lighting.
(a) 
All uses in this district shall design lighting to prevent glare beyond property lines.
(b) 
For all uses, the maximum height of freestanding lights shall be 40 feet.
(c) 
Lighting shall be designed to:
[1] 
Blend with the architectural style of buildings.
[2] 
Provide for safe movement of pedestrians and vehicles.
[3] 
Provide security lighting to illuminate all windows, doors, driveways and other areas as required. Such lighting shall be provided with automatic fencing devices.
(d) 
For all uses the following intensity standards shall apply:
[1] 
Open parking areas shall have a minimum illumination of 1.0 footcandle and a uniform ratio (average to minimum) of 4 to 1 measured at pavement level.
[2] 
Vehicle use areas shall have a minimum illumination of 1.0 footcandle and a uniform ratio (average to minimum) of 4 to 1 measured at pavement level.
[3] 
The maximum intensity measured at pavement level along property lines shall be 1.0 footcandle.
[4] 
The intensity measured at intersections shall be an average of 2.5 footcandles measured at pavement level.
[5] 
Notwithstanding the aforementioned lighting requirements, the lighting level analyses may deviate from the lighting requirements to accommodate a minimum lighting level at guard houses of 10 footcandles, measured 70 feet from the guard house on inbound and outbound truck lanes.
[6] 
Except as superseded by the provisions of this section, lighting shall conform to the requirements as set forth within § 203-167B.
(10) 
Fences.
(a) 
Fences up to 10 feet in height are permitted within all yards provided that landscaped buffers are installed in conjunction with such fencing to minimize visual impacts.
(b) 
Sound barriers up to 18 feet in height are permitted as required to meet applicable noise control standards.
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 redevelopment plan, as Exhibit 1, is a plan depicting the potential use areas for the ACRC.[1] Each phase or component of the redevelopment of the ACRC shall be considered and treated independently for purposes of development approvals, permits and the issuance of certificates of occupancy.
[1]
Editor's Note: Said plan is on file in the Township offices.
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 is based on existing zoning standards adopted 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.
(1) 
This redevelopment plan is consistent with the following overall planning goals of the Atlantic County Master Plan (May 2018):
• Promote targeted growth and development in areas served by existing infrastructure outside flood prone areas, and encourage redevelopment of under-utilized urban, suburban and rural sites.
• Encourage the diversification of the County's economy and job creation by supporting business attraction and development initiatives.
(2) 
The redevelopment plan is also consistent with the following land use goal of the County Master Plan:
• Promote lands for a diversity of economic development opportunities with 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 this redevelopment plan is consistent with the master plans of the adjacent municipalities.
A. 
Master plan. This redevelopment plan is consistent with recommendation #17 in the 2022 Master Plan Reexamination Report ". . . to develop design standards for regional distribution centers. . . .These types of uses were not necessarily contemplated at the time of the last Master Plan and appropriate locations and design standards should be considered and established."
B. 
Development (Zoning) Ordinance. This redevelopment plan provides for uses in the Recreational Commercial/Industrial Zone, that are generally consistent with those permitted in the Industrial Business Park (IBP) Zone and the land use regulations are generally consistent with the IBP standards.
A. 
The Township may consider applications for payments in lieu of taxes (PILOT) pursuant to N.J.S.A. 40A:20-1 et seq., and other applicable law, for residential rental projects within the Planned Village Development zone.
B. 
The Township may consider applications for payments in lieu of taxes (PILOT) pursuant to N.J.S.A. 40A:20-1 et seq., and other applicable law, for nonresidential development in the recreational commercial/industrial area.
A. 
The Township Committee, as the Redevelopment Agency, 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 Township Committee shall have sole authority for the interpretation or clarification of any provision of this redevelopment plan.
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 redevelopment is fully redeveloped to the maximum extent permitted under this 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.
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.
B. 
Pursuant to N.J.S.A. 40A:12A-13, all applications for development pursuant to this redevelopment plan shall be submitted to the municipal planning board for its review and approval in accordance with the requirements for review and approval of subdivisions and site plans as set forth by ordinance adopted pursuant to the Municipal Land Use Law.[1] In order for any application for development under this redevelopment plan to be deemed complete, a redevelopment agreement shall be required. Execution of a redevelopment agreement shall be a required checklist item.
[1]
Editor's Note: See N.J.S.A. 40:55D-1 et seq.
C. 
The Planning Board may review and retain jurisdiction over applications requiring relief for deviations from this redevelopment plan or other Township development ordinances, except as set forth below. Accordingly, an amendment to the redevelopment plan shall not be necessary if the selected redeveloper(s) desires to deviate from the bulk provisions set forth in this redevelopment plan or the pertinent sections of the Township Development Regulations and Zoning Ordinance, or from the design standards set forth in this redevelopment plan or other Township development ordinances so long as the redeveloper obtains an appropriate variance from the Planning Board. All requests for such relief shall be made to the Planning Board accompanied by a complete application for development as otherwise required by Township Ordinance. Decisions on such requests shall be made in accordance with the legal standards set forth in N.J.S.A. 40:55D-70(c) in the case of requests for relief from zoning standards, and in accordance with the legal standards set forth in N.J.S.A. 40:55D-51 in the case of requests for relief from design standards.
D. 
No deviations shall be granted that result in any of the following effects or conditions:
(1) 
To allow a use not specifically permitted within the redevelopment area;
(2) 
Deviation from the phasing plan for public improvements or other contractual obligations of the redeveloper to the Redevelopment Entity;
(3) 
Any Deviation requiring a variance pursuant to N.J.S.A. 40:55D-70(d)(1) through 40:55D-70(d)(6).
Because this redevelopment plan 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 redevelopment plan 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 redevelopment plan are superseded by the provisions of this redevelopment plan.
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 redevelopment plan.
This redevelopment plan 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.