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ORDINANCE 2013-12 Title 39 Rights

ADOPTED: APRIL 9,2013

AN ORDINANCE AMENDING ARTICLE IX ENTITLED TRAFFIC TO PERMIT THE ENFORCEMENT OF TITLE 39 RIGHTS ON PRIVATE PROPERTY IN CERTAIN CIRCUMSTANCES

WHEREAS, the Mayor and Council of the Borough of Point Pleasant Beach are charged with ensuring that the health, safety and welfare of Borough Citizens in maintained; and
WHEREAS, there are certain occasions, due to safety, security and enforcement of same there is a necessity for an owner of certain private property pursuant to N.J.S.A. 39; 5A-1 to make a request for Subtitle 1 of Title 39 to made applicable to certain properties; and
WHEREAS, a written request has been received from the owners and/or corporation pursuant to N.J.S.A. 39:5A-1, the provisions of Subtitle 1 of Title 39 are hereby made applicable to the properties listed in the Schedule A attached hereto and made part of; and
WHEREAS, the Borough is required to create the mechanism through which such a request may be acted upon;
NOW, THEREFORE, BE IT ORDAINED by the Mayor and Council of the Borough of Point Pleasant Beach, in the County of Ocean and State of New Jersey, as follows:
SECTION I.
Article IX entitled Traffic is hereby amended to create Section 9.9G to be entitled Control of Private Areas and provide:
9.13B (a) Application of Statute.
Whereas a written request has been received from the owners, persons or entity pursuant to N.J.S.A. 39:5A-1; the provisions of Title 39 are hereby made applicable to the properties listed in Schedule XXVII to be created and to be attached to and made a part of this chapter.
9.13B(b) Filing of Requests and Plot Plans.
Specific regulations of request and plot plans are on file with the Borough Clerk and are made a part of this chapter.

SECTION II. Schedule XXVII shall be entitled Private Areas and shall provide:
In accordance with the provisions of Section 9.13B, regulations are hereby established for the following areas. Plot Plans of the area are on file with the Borough Clerk and are made a part of these regulations.
Area Location
232 Richmond Ave. Entire Area
Block 113, Lots 2,4,5,12 & 13

SECTION III.
Schedule XXVII shall be amended to include the parking lot designed for the construction of a bank and drive-thru isles on the property known as 232 Richmond Avenue located in the HC Zone as an area in which the provisions of Title 39 are to be made applicable.
SECTION IV.

This Ordinance shall take effect immediately upon its final passage and publication as required by law.


SECTION V.

In the event any section, part or provision of this Ordinance shall be held unconstitutional or invalid by any Court, such holding shall not affect the validity of this Ordinance or any remaining part of this Ordinance other than the part held unconstitutional or invalid.


SECTION VI.

All ordinances or parts thereof, which are inconsistent with the provisions of this Ordinance, are hereby repealed to the extent of their inconsistencies.



NOTICE


NOTICE IS HEREBY GIVEN that the foregoing Ordinance was introduced and passed on first reading at the regular meeting of the Borough Council of the Borough of Point Pleasant Beach, in the County of Ocean and State of New Jersey, held on the 19th day of March, 2013, and will be considered for second reading and final passage at the regular meeting of said governing body to be held on the 9th day of April 2013, at 7:30 p.m. in the Council Chambers at Borough Hall, 416 New Jersey Avenue, at which time and place any person desiring to be heard will be given an opportunity to be so heard.


MARYANN ELLSWORTH, RMC
Municipal Clerk


Published March27, 2013 | New Ordinances | 1547


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