N.J. Admin. Code § 7:7-9.47 - Atlantic City
(a) Atlantic City is
those lands within the municipal boundary of the City of Atlantic City.
(b) "Casino hotels" are hotels with casinos as
provided for in the Casino Control Act ( P.L. 1977, c.100, as amended).
1. Casino hotel development in Atlantic City shall
be located in the city's traditional resort area (along the Boardwalk), and in the
State Marina area to the maximum extent practicable. For the purpose of this
section, the State Marina area is the area bounded by Clam Creek, Absecon Inlet,
Clam Thorofare, Penrose Canal, Absecon Boulevard, Huron Avenue, and Maryland Avenue
to Magellan Avenue, across Delta Basin.
i. Casino
hotel development is discouraged in existing residential areas and in areas where
access by public transportation between the proposed hotel-casino and the Boardwalk
is limited.
ii. Casino hotel development
is discouraged along the access highways to Atlantic City that is, along the entire
Atlantic City Expressway, Route 40 north and west of Beach Thorofare and Route 30
northwest of Penrose Canal.
iii. Casino
development is encouraged in Atlantic City to ensure that the objectives of the 1976
constitutional referendum on casino gambling, including the stimulation of new
construction and the revitalization of Atlantic City and its region, are
achieved.
(c) The
following standards apply to all development proposed on or over the existing ocean
piers listed at (c)1 below.
1. Existing ocean
piers (piers) are limited to the footprint of the following five piers, as depicted
on the Department 's 1995-1997 National Aerial Photographic Program imagery (GIS):
i. Garden Pier;
ii. Steel Pier;
iii. Steeplechase Pier, except that Steeplechase
Pier may be connected to the Boardwalk provided the connecting portion of the pier
does not exceed the width of the existing Steeplechase Pier;
iv. Central Pier; and
v. Million Dollar Pier (Ocean One).
2. Residential development is
prohibited on the existing ocean piers except where a waiver of strict compliance
with the municipal flood damage prevention ordinance has been granted by the Federal
Emergency Management Agency for a hotel to be located over the water.
3. The development proposed on the pier must have
an evacuation plan approved by the Atlantic City Office of Emergency
Management.
4. A minimum of 50 percent
of the total floor area of any building constructed on the pier shall be devoted to
publicly accessible, non-casino entertainment and recreation.
5. The height of structures on the pier shall not
exceed 100 feet above the deck surface of the Boardwalk, except for decorative
architectural elements, amusement rides, and wind turbines, which shall not exceed
200 feet. The height of the wind turbine shall be measured from the decking of the
pier to the tip of the blade at its highest position. There shall be no occupancy
above the 100-foot elevation.
6. The
height of the structures on the pier shall not exceed 50 feet above the deck surface
of the Boardwalk within 100 feet of the property line in common with the
Boardwalk.
7. A building setback of 50
feet shall be maintained from the seaward end of the pier. If a building is 50 feet
or more in height, an additional 20 feet setback from the seaward end of the pier is
required.
8. Public access shall be
provided in accordance with all of the following:
i. The development shall provide a means for
pedestrians to walk along the dry beach under the pier from one side to the other,
except where the beach is so narrow as to preclude such passage;
ii. A stairway shall be provided from the pier to
the beach and from the Boardwalk to the beach on the southwesterly side of the pier,
where the pier intersects the Boardwalk and, on the northeasterly side of the pier,
either where the pier intersects the Boardwalk or on the Boardwalk within 50 feet of
the point at which the pier intersects the Boardwalk;
iii. Publicly accessible open space, including
lighted public seating and viewing and, where appropriate, fishing areas, shall be
provided at the seaward end of the pier at the level of the deck surface of the
Boardwalk. The publicly accessible open space shall occupy the entire width of the
pier (parallel to the ocean shoreline in a northeast-southwest direction) for a
distance of 50 feet landward from the end of the pier. The area between 30 and 50
feet inland from the end of the pier may be occupied by outdoor dining and food
concessions and be partially enclosed, through the use of awnings, canopies, and
windbreaks. No other structures shall be placed in this area ;
iv. The public open space shall have unrestricted
access, at no cost, and shall not be limited to patrons of the commercial or hotel
facilities;
v. An open-air public access
walkway of at least 18 feet in width shall be provided perpendicular to the
Boardwalk, along the entire southwestern side of the pier at the level of the deck
surface of the Boardwalk, with amenities such as seating and lighting. Servicing of
buildings and storage of materials, refuse or any other obstructions are prohibited
within this walkway;
vi. An open-air
public access walkway of at least 12 feet in width shall be provided perpendicular
to the Boardwalk, along the entire northeastern side of the pier at the level of the
deck surface of the Boardwalk, with amenities such as seating and lighting.
Servicing of buildings and storage of materials, refuse or any other obstructions
are prohibited within this walkway;
vii.
Public restrooms, showers and changing areas shall be provided on the pier,
immediately adjacent to the Boardwalk and the stairs from the beach on either side
of the pier. Alternatively, the public restrooms, showers and changing areas may be
located immediately adjacent to the Boardwalk provided these facilities are:
(1) Owned and maintained by the pier owner; and
(2) Located no further than 200 linear
feet from the pier; and
viii.
Signage shall be provided along the Boardwalk at the entrance to the piers
indicating the location and availability of the public access features listed in
(c)8i through vii above.
9.
Service corridors to the piers shall be located beneath the Boardwalk, or if service
to the piers is to be provided over the Boardwalk, it shall be restricted to the
period between 12 o'clock midnight and 8:00 A.M.
10. The size and spacing of the pilings necessary
to support the proposed development on the piers shall comply with the following
conditions:
i. The pilings shall not cause
significant adverse long-term impact to natural functioning of the beach and dune
system, either individually or in combination with other existing or proposed
structures, land disturbances or activities;
ii. The pilings shall not cause significant
adverse impacts to the local sediment supply;
iii. The pilings shall not create net adverse
shoreline sand movement downdrift, including erosion or shoaling; and
iv. Pilings shall be spaced so as to provide
linear access along the dry beach as required by (c)8i above.
11. Parking is prohibited on the piers.
(d) The construction of new commercial
piers or expansion of existing commercial piers is prohibited , unless the pier is
associated with a marina which meets the resort recreational use rule,
7:7-15.3 or meets the standards at (c)
above.
(e) The following standards apply
to all development proposed in the Boardwalk right-of-way as defined at (e)1 below:
1. For the purposes of this subsection, Boardwalk
right-of-way means the shore-parallel promenade located immediately adjacent to the
ocean and inlet beach occupying a 20 foot right-of-way from Jackson Avenue to
Roosevelt Place, a 40 foot right-of-way from Roosevelt Place to Bellevue Avenue, a
60 foot right-of-way from Bellevue Avenue to Rhode Island Avenue, a 40 foot
right-of-way from Rhode Island Avenue to Atlantic Avenue, and a 20 foot right-of-way
from Atlantic Avenue to Caspian Avenue as shown on the 1999 Atlantic City tax
duplicate.
2. Elevated pedestrian
bridges are acceptable provided they meet the criteria of (e)2i through v below:
i. The elevated pedestrian bridge shall be
designed and used only for pedestrian movement and shall not provide for or be used
for vehicular traffic, commercial space, storage or advertisement, either attached
to or positioned within the elevated pedestrian bridge;
ii. The lowest portion of the elevated pedestrian
bridge shall be elevated a minimum of 14 feet six inches above the deck surface of
the Boardwalk;
iii. The elevated
pedestrian bridge shall be a maximum of 20 feet wide and 15 feet high;
iv. The elevated pedestrian bridge shall be
transparent with the exception of the support structure ; and
v. There shall be no more than one pedestrian
bridge per casino-hotel.
3.
Awnings, canopies, marquees, and other roof extensions are acceptable provided they
meet the criteria of (e)3i through iii below:
i.
The structure is not enclosed;
ii. The
structure extends no more than 12 feet into the Boardwalk right-of-way;
and
iii. There is an eight-foot
clearance between the structure and the deck surface of the Boardwalk.
4. Signs which are not awnings,
canopies, marquees or other roof extensions are acceptable provided they meet the
criteria of (e)4i through iii below:
i. The
structure is not enclosed;
ii. The
structure extends no more than 12 feet into the Boardwalk right-of-way;
and
iii. There is a 14 foot six inch
clearance between the structure and the deck surface of the Boardwalk.
5. Any development that does not meet
the standards in (e)2, 3 or 4 above is prohibited.
(f) Development is discouraged in the street
rights-of-way listed in (f)1 and 2 below as shown on the 2008 Atlantic City tax
duplicate, and in the street right-of-way listed in (f)3 below, except in accordance
with the provisions in (f)4 below.
1. That portion
of the following streets located southeast of Pacific Avenue:
i. Lincoln Place (50 foot right-of-way);
ii. Montpelier Avenue (60 foot
right-of-way);
iii. Texas Avenue (50
foot right-of-way);
iv. Indiana Avenue
(60 foot right-of-way);
v. New York
Avenue (50 foot right-of-way);
vi.
Tennessee Avenue (60 foot right-of-way); and
vii. Rhode Island Avenue (50 foot
right-of-way);
2. That
portion of the following streets located northeast of Rhode Island Avenue:
i. Atlantic Avenue (100 foot
right-of-way);
ii. Pacific Avenue (60
foot right-of-way); and
iii. Grammercy
Place (60 foot right-of-way);
3. That portion of Albany Avenue (60 foot
right-of-way) located southeast of Pacific Avenue as shown on the 2008 Atlantic City
tax duplicate or an alternative alignment with a minimum 60 foot right-of-way
approved by the Department which provides a comparable view corridor to the ocean
and horizon.
4. The following
development is conditionally acceptable provided that mitigation is performed
pursuant to (j) below:
i. Signage, extending no
more than four feet into the street right-of-way and located a minimum of 14 feet
six inches above the surface of the sidewalk; and
ii. Below-grade utilities, roads, sidewalks,
public stairs and ramps that provide access to the Boardwalk.
(g) Development is acceptable southeast
of Pacific Avenue in or over the right-of-way of a street listed in (g)1 through 5
below as shown on the 2008 Atlantic City tax duplicate provided that it either meets
the standards of (g)6 and 7 below or of (i) below.
1. Iowa Avenue (72 foot right-of-way);
2. Christopher Columbus Boulevard (50 foot
right-of-way);
3. Park Place (50 foot
right-of-way);
4. Pennsylvania Avenue
(72 foot right-of-way); and
5. New
Jersey Avenue (50 foot right-of-way).
6.
With the exception of any existing pedestrian bridges on the 2008 Atlantic City tax
duplicate, a corridor equal to the right-of-way width and 50 feet in height shall be
maintained at street level within the street right of way between Pacific Avenue and
the Boardwalk. The entire corridor shall be unenclosed, entirely devoid of
structures, maintain views to the Boardwalk and allow unrestricted physical access
to the public.
7. Mitigation is provided
in accordance with (j) below.
(h) Development is acceptable in or over the
right-of-way of any street located perpendicular to the Atlantic Ocean and southeast
of Pacific Avenue and not listed in (f) or (g) above provided that it meets the
standards of (i) below or mitigation is provided in accordance with (j)
below.
(i) The following may be
constructed without mitigation in or over the right-of-way of an existing street
located perpendicular to the Atlantic Ocean and southeast of Pacific Avenue and not
listed in (f) above:
1. Elevated pedestrian
bridges are acceptable provided they meet the criteria of (i)1i and ii below:
i. The elevated pedestrian bridge meets the
standards at (e)2i through iv above; and
ii. The elevated pedestrian bridges shall be no
closer to one another than 1,000 feet, as measured along the street
right-of-way;
2. Awnings,
canopies, marquees, and other roof extensions are acceptable provided they meet the
criteria of (i)2i through iii below:
i. The
structure is not enclosed;
ii. The
structure extends no more than 8 feet into the street right-of-way; and
iii. There is an eight-foot clearance between the
structure and the surface of the sidewalk;
3. Signs which are not awnings, canopies,
marquees, or other roof extensions are acceptable provided they meet the criteria of
(i)3i through iii below:
i. The structure is not
enclosed;
ii. The structure extends no
more than eight feet into the street right-of-way; and
iii. There is a 14 foot six inch clearance between
the structure and surface of the sidewalk; and
4. Below-grade utilities, roads, sidewalks, and
public stairs and ramps providing access to the Boardwalk approved as mitigation
under (j) below.
(j)
Mitigation shall be provided for development within the right-of-way of a street
located perpendicular to the Atlantic Ocean and southeast of Pacific Avenue, except
for those developments listed in (i) above, in accordance with the following:
1. The amount to be paid in mitigation shall be
calculated as follows:
i. For development within a
street right-of-way at grade, or below a height of 14 feet six inches above grade,
the amount of mitigation is five times the property tax on the assessed value of the
right-of-way area to be developed. The assessed value is an average of the value of
the land on both sides of the area to be developed; and
ii. For development within a street right-of-way
at a height of 14 feet six inches or greater above grade, the amount of mitigation
is three times the Atlantic City tax on the assessed value of the right-of-way area
to be covered by development . The assessed value is an average of the value of the
land on both sides of the right-of-way area to be covered by development ;
2. Mitigation monies shall be paid in
full to the Casino Reinvestment and Development Authority prior to the commencement
of construction; and
3. Mitigation
monies paid to the Casino Reinvestment and Development Authority in accordance with
(j)1 and 2 above, shall be designated only for acquisition and/or improvement of
lands for public access and public parks along the oceanfront and inlet. If the
money is used for these improvements within a street-end, the money shall be used
only in a street-end listed in (f) above.
(k) Standards relevant to intercept parking are as
follows:
1. Each hotel-casino facility located in
Atlantic City shall provide one of every five non-Absecon Island and non-Brigantine
Island resident hotel-casino employees commuting during the daily peak hour with an
intercept space. Absecon Island residents are residents of Atlantic City, Margate,
Ventnor and Longport. Brigantine Island residents are residents of the City of
Brigantine. Nobsecon Island and non-Brigantine Island resident employees commuting
during the daily peak hour is the sum of the number of non-Absecon Island and
non-Brigantine Island resident employees of the shift with the largest number of
employees plus the number of non-Absecon Island and non-Brigantine Island resident
employees of the next largest adjoining shift. This intercept parking space shall be
located off Absecon and Brigantine Islands, specifically outside of the municipal
boundary of the five municipalities identified above. If off-island sites are not
available, temporary use of other sites is conditionally acceptable if an applicant
can demonstrate that it will be moved to an off-island site within one
year.
2. Alternatives that would reduce
vehicle miles traveled and peak hour employee travel demand may be substituted for
the employee intercept parking space requirements for casino facilities. The
Department will review proposed alternatives in consultation with the Department of
Transportation. The Department will approve alternatives, which it determines will
reduce vehicle miles traveled and peak-hour employee travel by at least as much as
would result from furnishing intercept parking as described above. Acceptable
alternatives include, but are not limited to, employee subsidies for bus, rail
transit, van pools, and/or bicycle programs.
3. Alternative scheme proposals must include
documentation indicating the existing travel pattern and mode of travel
characteristics of non-Absecon and non-Brigantine Island resident employees. This
information shall be provided to the Department along with the necessary data used
to establish the vehicle miles traveled and peak hour employee travel demand with
and without the proposed peak hour traffic reduction program. All proposals shall
include a monitoring program to be submitted to the Department to verify the success
of the proposed traffic reduction program, update the employee travel
characteristics pattern, and serve as a basis for future adjustments if
necessary.
(l) Development in
Atlantic City shall be constructed in conformance with this section and with all
other applicable provisions in this chapter.
(m) Rationale: The Department first established
the Atlantic City special area on February 7, 2000, to encourage redevelopment of
Atlantic City and its beach and oceanfront facilities in recognition of Atlantic
City's unique situation based on the 1976 referendum approving casino gambling in
the city. The rule was developed with extensive cooperation between the Department
and the Atlantic City Mayor's office and Planning Department .
The goals of this rule are to:
(1) provide a predictable permitting process for
proposed developments in Atlantic City;
(2) promote tourism;
(3) maintain, enhance, and promote continued
public access to the Atlantic Ocean and Absecon Inlet waterfront and adjacent beach
areas;
(4) allow Atlantic City to
compete in the future with other gaming resorts throughout the nation; and
(5) enable the city to reach its stated goals of
becoming a world-class resort. The rule reflects the existing intensity of
development in Atlantic City and the importance of the gaming industry to the
continued enhancement of the tourist-oriented resort economy, and recognizes the
need to promote continued public-use and tourism-related development . This is
consistent with the goals of the Coastal Area Facility Review Act to promote
multiple uses that support diversity and are in the best long-term, social,
economic, aesthetic, and recreational interests of all the people of the
State.
Notes
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