[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.
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.
C. 
Class III vehicles which include maintenance and service (including public utility) vehicles other than municipally owned vehicles. Such vehicles may enter upon the Ellis Street Pedestrian Mall by permit as provided in § 165-5 of this chapter.
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 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.