Title
Dept/ Agency: Engineering
Action: ( ) Ratifying (X) Authorizing ( ) Amending
Type of Service: Waiving 20 day period for an ordinance to take effect
Purpose: Ordinance amending Section 23:2-1 One-Way Streets, of Title 23, Traffic and Parking of the Revised General Ordinances of the City of Newark, New Jersey, 2000, as amended and supplemented, by Amending the One- Way Designation of East Runyon Street between Elizabeth Avenue and Frelinghuysen Avenue.
Ordinance No(s).:
Additional Information:
Needs to take immediate effect to alleviate any possible traffic congestion upon the completion of the newly constructed 7-11 convenience store.
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WHEREAS, Ordinance 6S&FB, adopted March 19, 2008 designated East Runyon Street a one-way street, eastbound, between Elizabeth Avenue and Frelinghuysen Avenue; and
WHEREAS, the Newark Central Planning Board by way of Resolution dated August 24, 2015, granted site plan approval to 240 Elizabeth Avenue LLC (“Redeveloper”) to construct a new seventeen foot (17’0”) single-story 2,600 square foot 7-11 convenience store (the “Project”) at 234-240 Elizabeth Avenue and 2-8 East Runyon Street (collectively the “Property”); and
WHEREAS, the Property has frontage on both Elizabeth Avenue and East Runyon Street; and
WHEREAS, at the request of developer, the City of Newark wishes to re-establish East Runyon Street between Elizabeth Avenue and Sherman Avenue a two-way street and retain East Runyon Street a one-way street, eastbound between Sherman Avenue and Frelinghuysen Avenue to avoid congestion in the area upon the completion of a newly constructed 7-11 convenience store; and
WHEREAS, on November 1, 2017, Ordinance 6F-c regarding the above, was advanced and adopted on first reading by the Municipal Council and is scheduled for a public hearing, second reading and final passage on December 6, 2017; and
WHEREAS, there is an exigent need for the ordinance to take effect immediately as doing so will change the flow of traffic which will result in the alleviation of any possible traffic congestion in the area upon the completion of a newly constructed 7-11 convenience store; and
WHEREAS, N.J.S.A. 40:69A-181(b) authorizes a Governing Body to adopt a resolution declaring an emergency and determining that an ordinance will take immediate effect so long as at least two-thirds of all the Members of the Governing Body vote in favor of such resolution; and
WHEREAS, the Director of Engineering recommends that the Ordinance take effect immediately, pursuant to N.J.S.A. 40:69A-181(b), as he believes that traffic conditions will be improved in the area upon the completion of the newly constructed 7-11 convenience store; and
WHEREAS, the Municipal Council recognizes the exigent need described herein and has determined that it is necessary and appropriate to adopt this resolution pursuant to N.J.S.A. 40:69A-181(b) declaring an emergency and determining that Ordinance 6PSF-c, once adopted by the Municipal Council after public hearing, second reading and final passage, shall take immediate effect in accordance with N.J.S.A.40:69A-181(b) so long as at least two-thirds of all the Members of the Governing Body vote in favor of such resolution and upon approval by the Mayor (or passage over his veto) and publication in accordance with law.
NOW, THEREFORE, BE IT RESOLVED BY THE MUNICIPAL COUNCIL OF THE CITY OF NEWARK, NEW JERSEY, THAT:
1. As a result of the reasons set forth herein and the important public policies enunciated, an emergency is hereby declared to exist as to the implementation of the Ordinance to rescind Ordinance 6S&FB , adopted March 19, 2008 and re-establish East Runyon Street between Elizabeth Avenue and Sherman Avenue a two-way street and retain East Runyon Street a one-way street, eastbound between Sherman Avenue and Frelinghuysen Avenue and Ordinance 6PSF-c, once adopted by the Municipal Council after public hearing, second reading and final passage, shall take immediate effect in accordance with N.J.S.A.40:69A-181(b) so long as at least two-thirds of all the Members of the Governing Body vote in favor of such resolution and upon approval by the Mayor (or passage over his veto) and publication in accordance with law.
STATEMENT
This resolution authorizes an emergency to be declared and further authorizes Ordinance 6PSF-c-, once adopted by the Municipal Council after public hearing, second reading and final passage, to become effective in accordance with N.J.S.A.40:69A-181(b), so long as at least two-thirds of all the Members of the Governing Body vote in favor of such resolution and upon approval by the Mayor (or passage over his veto) and publication in accordance with law, due to the exigent need for this Ordinance to take immediate effect as doing so will change the flow of traffic which will result in the alleviation of any possible traffic congestion in the area upon the completion of a newly constructed 7-11 convenience store.