[Adopted 1-23-2018 by Ord. No. O-18-001]
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.
A. 
Pedestrian mall shall be created on a portion of Seymour Street as indicated on the metes and bounds description dated January 31, 2017, prepared by Blue Marsh Associates, Inc., and shown as the "Easement Area" on the accompanying map, both which are annexed hereto and incorporated herein. The pedestrian mall shall be called "Seymour Street Plaza."
B. 
The use of the surface of the Seymour Street Plaza shall be limited at all times to pedestrians and also emergency, public works, and other maintenance and service vehicles as required, as well as other vehicles that are explicitly permitted by the Township as contemplated by and in accordance with the terms of the Use and Access Easement Agreement, the Seymour Street Redevelopment Plan and the Planning Board Resolution.
C. 
There shall be no limit of vehicular use on Bloomfield Avenue.
D. 
The Township acknowledges that there is access to other streets for delivery of or receiving merchandise or materials.
E. 
The Township relies on the provisions, findings, and recommendations of the Seymour Street Redevelopment Plan, adopted by ordinance on September 6, 2016, to constitute the studies contemplated by N.J.S.A. 40:56-70.
A. 
The use and operation of the Seymour Street Plaza shall be governed by the Use and Access Easement Agreement and will provide for the control and regulation of, among other things:
(1) 
The distribution and location of movable furniture, sculpture or pedestrian traffic control devices, landscaping and other facilities belonging to the mall and not otherwise located or fixed by plans and specifications.
(2) 
The uses to be permitted on the mall by occupants of abutting property.
(3) 
The issuance of permits to conduct any special activity(ies) or operation(s) consistent with the broad purposes of the mall as contemplated by and in accordance with the terms of the Use and Access Easement Agreement, the Seymour Street Redevelopment Plan and the Planning Board Resolution.
(4) 
The operation of any heating or other facilities and replacing landscaping and maintaining furniture and facilities in the mall.
(5) 
Specifically reserved uses of the mall or portions thereof.
(6) 
A limited amount of local vehicle traffic in order to allow for deliveries, pickups and/or other loading and unloading of personnel, materials, or other goods as contemplated by and in accordance with the terms of the Use and Access Easement Agreement, the Seymour Street Redevelopment Plan and the Planning Board Resolution.
B. 
The following shall be in effect at all times within the Seymour Street Plaza:
(1) 
Except as provided in Subsection B(3) below, any person(s) creating undue amounts of noise, waste, and/or a potentially dangerous or threatening environment for any mall patrons will be subject to removal from the pedestrian mall and subject to additional penalties allowed by law, if applicable.
(2) 
No person may loiter in the pedestrian mall between the hours of 12:00 midnight and 6:00 a.m.
(3) 
Amplified music or other amplified sounds shall not be allowed on or within 50 feet of the Seymour Street Plaza except in connection with a program or activity authorized by the Township, including, but not limited to, the events provided for by the Use and Access Easement Agreement and the Planning Board Resolution. Any other limits on music or noise (including, without limitation, maximum permitted decibel levels) that would otherwise be applicable to Seymour Street with or without the establishment of the mall shall remain in full force and in effect within this area.
A. 
The Seymour Street Plaza shall be operated and maintained pursuant to the regulations and restrictions set forth in this article and the Use and Access Easement Agreement.
A. 
Notwithstanding the improvement of any street as a pedestrian mall, the Township of Montclair shall retain all its powers relating to the street or part thereof constituting the mall.
B. 
No such action shall be construed as a vacation in whole or in part; the establishment of the Seymour Street Plaza is a matter of regulation only.
C. 
Nothing herein shall limit or alter the terms of the Use and Access Easement Agreement, or prohibit any subsequent agreement impacting the use or operation of the pedestrian mall.