The city council of the City of Wildwood hereby makes the following
findings:
a.
The roadbeds set forth in Schedule A and annexed hereto are not part
of any state highway.
b.
The roadbeds set forth in Schedule A and annexed hereto are located
primarily in the general business district of the City of Wildwood.
c.
The lands abutting the roadbeds are improved to the maximum feasible
width with regard to adjacent buildings and improvements.
d.
Reasonable convenient alternate routes to other parts of the City
of Wildwood and State of New Jersey with the exclusion of said roadbeds
exist for private vehicles.
e.
Continued vehicular use of the roadbeds set forth in Schedule A and
annexed hereto may constitute a hazard to the health and safety of
pedestrians.
f.
The properties abutting the roadbeds set forth in Schedule A and
annexed hereto can reasonably and adequately be provided with emergency
vehicle service, and receive and deliver merchandise and materials
from other streets and alleys.
g.
It is in the best interest of the City of Wildwood and the general
public and of benefit to properties adjacent to and abutting hereto
to use said roadbeds primarily for pedestrian purposes.
h.
Pedestrian use is hereby determined to constitute the highest and
best use of each of the roadbeds set forth in Schedule A and annexed
hereto.
There is hereby created a pedestrian mall within the confines
of the City of Wildwood. Said pedestrian mall shall consist of those
roadbeds specified in Schedule A annexed hereto.
All costs of development, construction and acquisition relating
to the construction of the pedestrian mall shall be financed and assessed
to properties especially benefiting thereby. The following is a list
by lot and block numbers and by street addresses of all properties
to be assessed for the pedestrian mall:
|
Lot And Block
|
Property Address
|
|---|---|
|
Block 146, Lots 14, 15
|
3910 Pacific Avenue
|
|
Block 146, Lots 29.1, 30.1
|
3906 Pacific Avenue
|
|
Block 146, Lots 29.2, 30.2
|
3900 Pacific Avenue
|
|
Block 147, Lot 1.1
|
3919 Pacific Avenue
|
|
Block 147, Lots 16.1, 17.1, 1.2
|
3907 Pacific Avenue
|
|
Block 147, Lots 16.2, 17.2
|
3901 Pacific Avenue
|
|
Block 155, Lots 14, 15
|
3816 Pacific Avenue
|
|
Block 155, Lots 28.2, 29, 30
|
Garfield & Pacific Avenues
|
|
Block 156, Lots 1.1, 2.1, 3.1
|
Spicer & Pacific Avenues
|
|
Block 156, Lots 1.2, 2.2, 3.3
|
3813 Pacific Avenue
|
|
Block 156, Lots 16.1, 17.1
|
3811 Pacific Avenue
|
|
Block 156, Lots 16.2, 17.2
|
3809 Pacific Avenue
|
|
Block 156, Lots 16.3, 17.3
|
3807 Pacific Avenue
|
|
Block 156, Lots 16.4, 17.4
|
3805 Pacific Avenue
|
|
Block 156, Lots 16. 5, 17.5
|
3803 Pacific Avenue
|
|
Block 164, Lots 13.3, 14.1, 15.1
|
3716 Pacific Avenue
|
|
Block 164, Lots 14.2, 15.2
|
3712 Pacific Avenue
|
|
Block 164, Lots 28.1, 29.1, 30.1
|
3708-10 Pacific Avenue
|
|
Block 164, Lots 29.2, 30.2
|
Pacific Avenue
|
|
Block 165, Lots 1, 2
|
3719 Pacific Avenue
|
|
Block 165, Lots 16.1, 17.1, 18.1
|
3701 Pacific Avenue
|
|
Block 165, Lots 16.2, 17.2, 18.2
|
3703 Pacific Avenue
|
|
Block 165, Lots 16.3, 17.3, 18.3
|
3705-07 Pacific Avenue
|
|
Block 165, Lots 16.4, 17.4, 18.4
|
3707 Pacific Avenue
|
|
Block 165, Lots 16.5, 17.5, 18.5
|
3709 Pacific Avenue
|
|
Block 172, Lots 14.1, 15.1
|
3616 Pacific Avenue
|
|
Block 172, Lots 14.2, 15.2
|
3610 Pacific Avenue
|
|
Block 172, Lots 28, 29, 30, 14.3, 15.3
|
3600 Pacific Avenue
|
|
Block 173, Lots 1.1, 2.1
|
3615 Pacific Avenue
|
|
Block 173, Lots 1.2, 2.2, 3, 16.1, 17.1
|
3611 Pacific Avenue
|
|
Block 173, Lots 16.2, 17.2, 18, 19.1
|
3605 Pacific Avenue
|
|
Block 177, Lot 1
|
3500 Pacific Avenue
|
|
Block 178, Lot 1
|
3501-11 Pacific Avenue
|
|
Block 185, Lot 1.2
|
3400 Pacific Avenue
|
|
Block 186, Lot 5.1
|
3421 Pacific Avenue
|
|
Block 186, Lot 5.2
|
3419 Pacific Avenue
|
|
Block 186 Lot 5.3
|
3417 Pacific Avenue
|
|
Block 186, Lot 5.4
|
3415 Pacific Avenue
|
|
Block 186, Lot 5.51
|
3411A Pacific Avenue
|
|
Block 186, Lot 5.52
|
3411 Pacific Avenue
|
|
Block 186, Lot 6
|
3409 Pacific Avenue
|
|
Block 186, Lot 7.1
|
3407 Pacific Avenue
|
|
Block 186, Lot 7.2
|
3405 Pacific Avenue
|
|
Block 193, Lot 1-C0001
|
3316 Pacific Avenue
|
|
Block 193, Lot 1-C0002
|
3314 Pacific Avenue
|
|
Block 193, Lot 1-C0003
|
3312 Pacific Avenue
|
|
Block 193, Lot 1-C0004
|
3306 Pacific Avenue
|
|
Block 193, Lot 1-C0005
|
3304 Pacific Avenue
|
|
Block 193, Lot 1-C0006
|
3300 Pacific Avenue
|
|
Block 194, Lot 4
|
Wildwood & Pacific Avenues
|
|
Block 194, Lot 5
|
N.E. Corner Oak & Pacific Avenues
|
|
Block 200, Lot 1
|
3200 Pacific Avenue
|
|
Block 200, Lot 2
|
3206-08 Pacific Avenue
|
|
Block 200, Lot 3.1
|
3210 Pacific Avenue
|
|
Block 201, Lot 5
|
3201 Pacific Avenue
|
|
Block 201, Lot 7
|
3207 Pacific Avenue
|
|
Block 208, Lot 8
|
Wildwood & Pacific Avenues
|
|
Block 208.1, Lots 2.1, 4.1, 6.1
|
N.W. Corner Pine & Pacific Avenues
|
|
Block 208.1, Lots 2.2, 4.2, 6.2
|
3112 Pacific Avenue
|
|
Block 208.2, Lots 16.1, 17.1, 18.1
|
3108 Pacific Avenue
|
|
Block 208.2, Lots 16.2, 17.2, 18.2
|
3106 Pacific Avenue
|
|
Block 208.2, Lots 16.3, 17.3, 18.3
|
3104 Pacific Avenue
|
|
Block 208.2, Lots 16.4, 17.4, 18.4
|
3102 Pacific Avenue
|
|
Block 208.2, Lots 16.5, 17.5, 18.5
|
3100 Pacific Avenue
|
|
Block 209.1, Lots 27, 29
|
3109-15 Pacific Avenue
|
|
Block 209.2, Lots 1, 2, 3
|
3101 Pacific Avenue
|
The use of the surface of the roadbeds comprising the pedestrian
mall as defined in Schedule A annexed hereto shall be limited at all
times to pedestrians.
The following vehicles shall be permitted to utilize the pedestrian
mall when the public health, safety and/or welfare requires:
a.
Emergency vehicles.
b.
Municipal vehicles engaged in the care and maintenance of the pedestrian
mall.
c.
Public utility vehicles engaged in the installation or repair of
public utilities serving the pedestrian mall or the building abutting
same.
d.
Except in the case of an emergency, access to the pedestrian mall
by municipal vehicles and public utility vehicles as set forth in
paragraphs b and c hereinabove, shall be limited to the hours between
6:00 a.m. and 8:00 a.m.
Nothing contained herein shall be deemed to limit the vehicular
use of any street or roadbed intersecting the above described pedestrian
mall.
Nothing contained herein shall be deemed to limit the rights
of the City of Wildwood to exercise its police powers and other rights
and powers over the aforementioned pedestrian mall. Nothing contained
herein shall be deemed to constitute a vacation on all or part of
any of the roadbeds set forth in Schedule A and annexed hereto.
|
SCHEDULE A
|
|---|
|
All that part of Pacific Avenue located in the City of Wildwood,
County of Cape May and State of New Jersey running from the Northeasterly
curbline of Spencer Avenue and extending to the southwesterly curbline
of Maple Avenue.
|
The following special regulations are hereby established.
No person who violates any subsection of this section shall,
upon conviction thereof, be subject to imprisonment not to exceed
90 days or a fine of not more than one thousand ($1,000.00) dollars,
or both.
That portion of the sidewalk that extends outward from the property
line of the adjoining building for a maximum of ten feet may be used
by owners or tenants of buildings abutting the sidewalks in the Holly
Beach Station Mall as a patio, provided such owners or tenants are
duly licensed to sell food and/or alcoholic beverages, but subject
to the conditions and limitations of this section.
An application must be submitted to the city clerk setting forth
the name and address of the applicant which is accompanied by a fee
of one hundred ($100.00) dollars for the initial patio permit which
will expire on the 31st day of December of the year of application.
If applicant is not the owner of the adjacent building, the application
must contain the owner's consent to the issuance of the patio permit.
The application must contain an agreement by applicant to promptly
reimburse the City of Wildwood for any damage caused to the Holly
Beach Station Mall as a result of applicant's use of a portion thereof
as a patio, as well as an agreement by applicant to hold the city
harmless from all liability for personal injury or property damage
occurring as a result of the use of the patio area by applicant, and
each applicant must supply the city with a certificate of insurance
showing general liability limits of not less than one million (1,000,000.00)
dollars and liquor liability limits, where applicable, of not less
than three hundred thousand ($300,000.00) dollars, in which the City
of Wildwood is named on all policies as an additional insured. In
lieu of liquor liability insurance as herein required, applicant's
agreement with the City of Wildwood to indemnify and save the city
harmless from any claims arising out of the operation of a patio on
Holly Beach Station Mall, including the expenses of defending any
such claims will suffice, provided that should the holder of the liquor
license making application for a patio permit be a corporation or
not be the owner of the adjacent real estate, all shareholders of
the corporation and the owners of such adjacent real estate will be
required to jointly and severally enter into such indemnification
agreement with the applicant for the patio permit. Said application
must also contain an agreement on the part of the applicant to hold
the city harmless from all liability or damages which such applicant
may sustain by reason of the ruling of any court or governmental agency
that the use of the patio area is contrary to law. Such application
must be accompanied by the following certificates:
a.
A certificate of permitted continued occupancy, as well as a property
maintenance inspection certificate, showing no outstanding deficiencies
or code violations;
b.
A certificate indicating that the patio design complies with the
fire code of the City of Wildwood;
c.
A certificate issued by the planning board of the City of Wildwood
indicating that approval for the patio has been issued by the said
planning board, which certificate must certify that the proposed patio
meets the criteria herein established for issuance of such approval.
In making appropriate application to the planning board in order to
obtain such certificate, the applicant must submit a scale drawing
of the site prepared by the owner or lessee of the building adjacent
to the proposed patio or by an architect, engineer or land surveyor
showing the proposed patio area, table, chair and umbrella layout,
as well as shrubbery plan and any permitted canopy or awning. No certificate
of approval will be issued by the planning board for an application
that does not comply with the following criteria:
1.
Not more than the greater of 40 feet or 50 percent of the frontage
of any applicant on the Holly Beach Station Mall may be used or licensed
as a patio, provided, however, that if the frontage for any particular
business is less than a total of 40 feet, the foregoing provision
shall not apply, and the patio area may then encompass the entire
frontage area exclusive of the proper entrances and exits;
2.
No patio area shall extend more than 10 feet from the property line
of the adjacent building;
3.
Each patio area must be surrounded by a live shrubbery perimeter.
All planter boxes must be at least one foot in height and the shrubbery
in the planter boxes may not exceed three feet in height from ground
level;
4.
No canopies or awnings are permitted, except those which are anchored
to the building adjacent to the patio area;
5.
The application to be submitted may not provide for occupancy by
more than one patron per ten square feet of licensed patio area;
6.
The application must contain an indication of the type of furniture
to be used in the patio area and such furniture must be within the
said patio area;
7.
The application to be submitted must illustrate how service is to
be rendered to the said patio area, which service may only be from
the inside of the premises immediately adjacent to the patio to be
licensed;
8.
The scale drawing shall specify the number of entrances from the
Holly Beach Station Mall to the patio area. There shall be no more
than one entrance for every 40 feet of patio frontage, which entrances
may not exceed six feet in width.
Upon submission of an application as hereinabove set forth,
containing all of the certifications required by the application to
the city clerk, together with proof, in the case of an applicant that
is the holder of a plenary retail consumption license that the liquor
license of the adjacent premises has been extended to include the
patio area, the city clerk shall issue the requested patio permit.
Patio permits, once issued, may be renewed for subsequent years
upon submission of an application containing all of the information
required by the initial application, excepting only the requirements
of certificate of permitted continued occupancy, property maintenance
certification, fire code certificate and planning board approval,
provided that the City of Wildwood shall not be precluded from enforcing
any applicable codes whether or not they are in force at the time
of the issuance of the patio permit, and further providing that there
is no change in the applicant's previously approved plan. In the event
of the change of a previously approved plan, the renewal application
must contain all of the material required for an initial application.
The fee for the renewal of a patio permit shall be one hundred ($100.00)
dollars which must be submitted with the renewal application.
The following regulations shall pertain to the Holly Beach Station
Mall and to the operation of patios licensed thereon:
a.
It shall be unlawful to utilize any portion of the sidewalk comprising
the Holly Beach Station Mall adjacent to any building abutting the
Holly Beach Station Mall which could be licensed pursuant to the provisions
of this section, unless such use is otherwise permitted by law, without
first obtaining such license.
b.
No holder of a patio license issued hereunder who is also the holder
of a Plenary Retail Consumption License shall use any of the patio
area for the sale of alcoholic beverages other than between the hours
of 7:00 a.m. and 11:00 p.m.
c.
Each licensed patio area must be cleaned not less frequently than
twice daily, once before the business is closed and the second required
cleaning at the beginning of each business day but in no case later
than 9:00 a.m.
d.
All plates and utensils utilized in the patio areas are to be such
that will minimize blowing of debris out of the patio area and into
the general Holly Beach Station Mall area.
e.
No service of food or beverages is permitted in any patio area for
off-premises consumption.
f.
All perimeter shrubbery must be kept free of debris and in a live
and healthy condition. Dead shrubbery must be promptly replaced.
g.
All permitted canopies and awnings must be of solid colors or striped.
In the case of stripes, not more than three different color stripes
may be used.
h.
Any permitted canopy or awning which is damaged or destroyed must
be promptly repaired or replaced.
i.
The occupancy limit for the patio as established by the approved
site plan must be visibly posted at all times during which the patio
is open for business on the wall of the building adjacent to the patio.
j.
No permitted canopy or awning nor any umbrella may contain any advertising
material.
k.
No furniture, fixture, or equipment, or any part thereof which is
utilized in conjunction with the design or use of the patio may be
bolted to the ground.
l.
No licensed patio area may be used for the display of merchandise
or advertising materials, except by special permit issued by the Mayor
of the City of Wildwood.
m.
No vending machines may be located in any licensed patio area.
n.
No sign shall be permitted to be affixed to any portion of the patio
area nor may any sign extend beyond the perimeter of the patio area
or extend from the adjacent building over the patio area.
o.
No alcoholic beverages may be sold or consumed in any licensed patio
area which is not also licensed for the sale of alcoholic beverages
nor may any holder of a patio license permit any person to consume
alcoholic beverages in a patio area which is not licensed for the
sale of alcoholic beverages.
p.
During times when any licensed patio area is not open for business,
whether by choice of the licensee or due to the time being before
or after permitted hours of operation, all furniture must be removed
from the licensed patio area or the patio area must be closed off
by use of a live shrubbery barrier identical to that surrounding the
licensed patio area or by use of a decorative cord or chain.
q.
Outdoor live music is permitted in the patio areas, provided that
same is limited to a maximum of three persons and that no such music
is permitted before 11:00 a.m., nor after 10:00 p.m. Amplification
is not permitted except by special permit issued by the mayor of the
City of Wildwood.
In addition to being subject to the penalties provided in subsection 19-3.7 of this section, any permit issued under this section may be revoked or suspended by the city council of the City of Wildwood for any misstatement in any application or for any violation of this section. No permit shall be revoked or suspended until the permittee has been afforded a hearing before the city council of the City of Wildwood. Notice of the filing of a complaint which seeks to suspend or revoke any permit issued under this section shall be served on the permittee personally or by mailing same to the permittee, certified mail, return receipt requested, to the address contained in the last permit application on file in the city clerk's office, which notice will establish a date for a hearing to be held not more than ten days from the date of such notice, at which time the permittee shall have the right to be represented by counsel, call witnesses, cross-examine witnesses produced in support of the complaint, as well as such other rights necessary in order to insure due process. Should any permit be revoked or suspended, no part of the permit fee shall be returned.
Any person, partnership, firm or corporation who violates any
subsection of this section shall, upon conviction thereof, be subject
to imprisonment not exceeding 90 days and/or a fine of not less than
one hundred ($100.00) dollars nor more than one thousand ($1,000.00)
dollars.
