[HISTORY: Adopted by the Board of Commissioners of the Borough of
Haddonfield 3-14-1978 by Ord. No. 1260.
Amendments noted where applicable.]
GENERAL REFERENCES
Vehicles and traffic — See Ch. 232.
The Borough Commissioners of Borough of Haddonfield find:
A.
That the portion of Ellis Street described in § 165-2 below is not part of any state highway, is located primarily in the Business District of the Borough of Haddonfield, and is improved to its maximum feasible width with regard to adjoining buildings and improvements;
B.
That reasonably convenient alternate routes to other
parts of the Borough of Haddonfield and surrounding municipalities in the
state exist for private vehicles;
C.
That continued unlimited use of the street by private
vehicles may constitute a hazard to the health and safety of pedestrians;
D.
That abutting properties can reasonably and adequately
be provided with emergency vehicular services and receive and deliver merchandise
and materials from other streets and parking areas; and
E.
That it is in the best interest of the municipality and
the public and of benefit to adjacent properties to use such street primarily
for pedestrian purposes which use is determined to be the highest and best
use of such portion of Ellis Street.
The Borough Commissioners do hereby designate that portion of Ellis
Street bounded and described as follows to constitute a pedestrian mall as
defined by N.J.S.A. 40:56-66, and hereinafter known as the "Ellis Street Pedestrian
Mall": BEGINNING at a point in the southerly curbline of Kings Highway with
the intersection of the extended westerly right-of-way line of Ellis Street;
thence (1) extending in a generally southeastwardly direction along the westerly
right-of-way line of Ellis Street the approximate distance of 207' plus or
minus to a point; thence (2) in a generally northeastwardly direction the
approximate distance of 20.5' plus or minus to a point of curve and the extended
center line of Ellis Street; thence (3) extending along a curve curving to
the right with a radius of 25' and an arc distance of approximately 51' plus
or minus to a point in the existing easterly curbline of Ellis Street; thence
(4) in a generally northwardly direction and at right angles to the existing
northerly right-of-way line of Ellis Street the approximate distance of 16'
plus or minus; thence (5) in a generally northwesterly direction along the
northerly right-of-way line of Ellis Street the approximate distance of 48'
plus or minus to an angle point; thence (6) in a generally northwesterly direction
along the easterly right-of-way line of Ellis Street the approximate distance
of 154' plus or minus to a point in the southerly curbline of Kings Highway;
thence (7) in a generally southwesterly direction along the southerly curbline
of Kings Highway if extended the approximate distance of 41' plus or minus
to the point and place of beginning.
There are no intersecting streets crossing the Ellis Street Pedestrian
Mall.
The surface of the Ellis Street Pedestrian Mall shall be limited to
pedestrian use and the following classes of vehicles. All other vehicles of
all kinds are hereby prohibited on the Ellis Street Pedestrian Mall.
A.
Class I vehicles which include ambulance, fire-fighting, police
and civil defense vehicles responding to an emergency occurring in or on the
Ellis Street Pedestrian Mall or adjoining properties. Such vehicles may enter
upon the Ellis Street Pedestrian Mall without prior permit.
B.
Class II vehicles which include municipally owned public works,
maintenance and service vehicles. Such vehicles may enter upon the Ellis Street
Pedestrian Mall without prior permit to the extent necessary to repair or
perform municipal services or maintenance.
The Chief of Police or his designee, in his absence, shall accept applications
for and grant permits for entry upon the Ellis Street Pedestrian Mall for
Class III vehicles. Such permits shall allow entry upon the Ellis Street Pedestrian
Mall by such vehicles during such days and at such hours as may be necessary
to perform the function and business for which such vehicles are permitted,
taking into account the safety of the public in its use of the Ellis Street
Pedestrian Mall and the interference with the open access to all other adjoining
properties.
The establishment and maintenance of the Ellis Street Pedestrian Mall,
except to the extent hereinafter provided, shall be by general improvement;
provided, however, that the owner of the property adjoining the Ellis Street
Pedestrian Mall, known as Block 34, Lot 10 on Plate 10 of the Tax Map of the
Borough of Haddonfield, desires to construct and maintain an overhang which
will protrude over and provide shelter to a portion of the Mall area. Said
improvement will involve annual costs in addition to the initial cost of constructing
and maintaining the improvement peculiar to the Mall facility and distinguished
from maintenance services normally provided by the Borough of Haddonfield
outside of the Mall facility and will provide benefits primarily to said adjoining
Lot 10, Block 34, rather than to the municipality as a whole. The initial
cost of constructing and maintaining the overhang improvement shall be borne
and paid for by the owner of said Lot 10, Block 34, Plate 10, on the Tax Map
of the Borough of Haddonfield and at no cost to the Borough of Haddonfield.
The Borough Commissioners of the Borough of Haddonfield shall enter into such
contracts, stipulations or agreements with said owner for the construction
and maintenance of the overhang improvement pursuant to N.J.S.A. 40:56-3,
and with such performance guarantees in such form and amount as the Borough
Commissioners shall deem necessary and proper under the applicable statutes.
The Ellis Street Pedestrian Mall may be constructed of such materials
and combinations of materials as the governing body shall approve from time
to time.
The governing body may, from time to time, provide for the control and
regulation of:
A.
The distribution and location of movable furniture, sculpture,
landscaping and other facilities belonging to the Pedestrian Mall and not
otherwise located or fixed by the plans and specifications.
B.
The uses to be permitted on the Mall by occupants of
abutting property; any telephone utility, concessionaires, vendors and others
to serve the convenience and enjoyment of the pedestrians; and the location
of such uses.
C.
The issuance of permits to conduct any special activity
consistent with the broad purposes of the Pedestrian Mall.
D.
The operation of any lighting, heating or other facilities
in the Mall, replacing landscaping and maintaining the furniture and facilities
in the Mall.
