The following terms shall have the meanings indicated:
PEDESTRIAN MALL or MALL
Pursuant to N.J.S.A. 40:56-65 et seq., any local improvement
designed to be used primarily for the movement, safety, convenience
and enjoyment of pedestrians, whether or not a part of a street is
set apart for roadway or emergency vehicles, transit vehicles and
private vehicles, or any of them. A pedestrian mall improvement shall
include, but not be limited to, pedestrian thoroughfares, perimeter
parking, public seating, park areas, outdoor cafes, shelters, trees,
flower plantings, sculpture, newsstands, telephone booths, traffic
signs, kiosks, fire hydrants, street lighting, ornamental signs, ornamental
lights, trash receptacles, display cases, marquees, awnings, canopies,
overhead radiant heating fixtures, underground radiant heating pipes
and devices, walls, bollards and chains and all such other fixtures,
equipment, facilities and appurtenances which in the judgment of the
governing body of a municipality will enhance the movement, safety,
convenience and enjoyment of pedestrians and benefit the municipality
and adjoining properties.
USE AND ACCESS AGREEMENT
The agreement authorized by Resolution R-17-022 and recorded
with the Register of Essex County.
The Mayor and Council find and declare:
A. The Township of Montclair may undertake development and maintenance
of a pedestrian mall as a local improvement pursuant to this act and
provisions of N.J.S.A. 40:56-69 et seq.
B. That a pedestrian mall as more specifically described in §
293-19 below will enhance the movement, safety, convenience and enjoyment of pedestrians as well as to accomplish the goals of the Seymour Street Redevelopment Plan.
C. That Seymour Street running south from Bloomfield Avenue is not a
part of any state highway, and that portion of Seymour Street described
herein is located primarily in a business district and is improved
to its maximum feasible width with regard to adjoining buildings and
improvements.
D. That a reasonably convenient alternate route to other parts of the
Township and state exist for private vehicles.
E. That continued unlimited use of the street or part thereof by private
vehicles may constitute a hazard to the health and safety of pedestrians
and impede the implementation of the Seymour Street Redevelopment
Plan.
F. That abutting properties can reasonably and adequately be provided
with emergency vehicular services and receive and deliver merchandise
and materials from other streets and alleys or by provisions for limited
use of the streets by emergency vehicles and carriers of such merchandise
and materials.
G. That it is in the best interests of the Township and the public and
of benefit to adjacent properties to use such street primarily for
pedestrian purposes as contemplated by the Use and Access Easement
Agreement, the Seymour Street Redevelopment Plan and the September
25, 2017, resolution of the Township Planning Board granting preliminary
and final site plan approval for the Seymour Street Plaza (the "Planning
Board Resolution"), and that pedestrian use is determined to be the
highest and best use of such street or part thereof.
The Seymour Street Plaza shall be constructed in accordance
with the Planning Board Resolution, and, where applicable, the Use
and Access Easement Agreement.