N.J. Admin. Code § 7:7-9.47

Current through Register Vol. 56, No. 21, November 4, 2024

Section 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.

N.J. Admin. Code § 7:7-9.47

Renumbered from 7:7E-3.49 by 47 N.J.R. 1392(a), effective 7/6/2015

Amended by 50 N.J.R. 361(a), effective 1/16/2018