&= nbsp; &nbs= p; &= nbsp; &nbs= p; BOROUGH OF NORWOOD

&= nbsp; &nbs= p; &= nbsp; &nbs= p; ORDINANCE 04:03

&= nbsp; AN ORDINANCE AMENDING CHAPTER 222 OF THE CODE OF

THE BOROUGH OF NORWOOD TO REGULATE PARKIN= G ON D’ERCOLE COURT

WHEREAS<= /span>, the Mayor and Council of the Borough of Norw= ood has the authority to enact ordinances regulating on-street parking, and the pur= pose of this ordinance is to better regulate parking on D’Ercole Court to advance the health, safety, and welfare of the residents in and travelers through the Borough; and

WHEREAS<= /span>, the Mayor and Council makes the following findings:

1.&n= bsp; By cooperation between the Borough and a pri= vate

developer known as Norwood Gardens, Inc., under the auspices = of the New Jersey Council on Affordable Housing (COAH), a 24-unit affordable housing development known as Norwood Garden Condominium (“Norwood Gardens”) was constructed on D’Ercole Court in the Fox Hills section of Norwood in 1993-94.

2.&n= bsp; Norwood Gardens was originally designed as a 48-unit

project including 24 one-bedroom, 18 two-bedroom, and 6 three-bedroom units. It also = was to contain 78 parking stall along both sides of D’Ercole Court.

3.&n= bsp; The Borough’s affordable housing obligation, as

determined by COAH, was reduced as a result of COAH’s finding that there was insufficient vacant, developable land in the Borough, and was further reduced as a result of a Regional Contribution Agreement am= ong the Borough, COAH, and the City of Passaic providing for development or rehabilitation of affordable housing units.

4.&n= bsp; As consequence of the foregoing, the scope of the

Norwood Gardens development was reduced from 48 units located= on both sides of D’Ercole Court to 24 units located only on the north si= de of D’Ercole Court.

5.&n= bsp; The 24 units that were eliminated from the project were

all one-bedroom units. Therefore, although the number of dwelling units in Norwood Gardens = was cut in half, the required number of parking spaced did not diminish proportionally to the reduction of dwelling units.

6.&n= bsp; Ample parking for the residents of Norwood Gardens has

heretofore existed along both the north and south sides of D’Ercole Court while the south side of the street, originally intende= d to include the 24 units that were eliminated from the Norwood Gardens project, remained vacant.

7.&n= bsp; The south side of D’Ercole Court now h= ouses the Norwood

Senior Citizens Housing Site. Consequently, parking is available= on the south side of D’Ercole Court for Norwood Gardens residents and visitors to the Senior Citizen Housing Site.

8.&n= bsp; The relatively isolated location of Norwood Gardens in

relation to the center of town, commercial areas, schools and houses of worship mandates that ample parking spaces be maintained for the residents of Norwood Gardens, with a minimum of two parking spaces per unit ideally being available;

NOW, THEREFORE, BE IT ORDAINED by the M= ayor and Council of the Borough of Norwood, County of Bergen, and State of New Jersey, as follows:

Section 1: The Code of the Borough of Norwood= is amended so that a new §222-10.1 and -10.2 shall state as follows:

§222-10.1 Resident Parking.

<= span style=3D'mso-fareast-font-family:Courier;mso-bidi-font-family:Courier'>A.&n= bsp; No person shall park a vehicle at any time <= /p>

upon any of the streets or parts of streets in the Borough described in Schedule XX (§222-52) unless the vehicle displays a valid resident or visitor parking permit issued by the Borough pursuant to this ordinance.

<= span style=3D'mso-fareast-font-family:Courier;mso-bidi-font-family:Courier'>B.&n= bsp; This ordinance shall be enforced by the

Police Department of the Borough.

<= span style=3D'mso-fareast-font-family:Courier;mso-bidi-font-family:Courier'>C.&n= bsp; The following rules and regulations shall

apply to the resident permit parking program:

(1)&= nbsp; A resident parking permit of a design

specified by the Chief of the Police Department of the Borough (the Police Department) will be issued to the owner of a vehicle. The vehic= le must be owned by a person residing in the Borough.

(2)&= nbsp; Proof of residency of the owner or

lessee of a vehicle must be presented when applying for a permit. The following is acce= ptable proof of residency:

(a) = A copy of a valid New Jersey

driver’s license reflecting an address in the Borough; = and

(b) = A copy of a valid New Jersey motor

vehicle registration for the vehicle for which the permit is sought, showing an address in the Borough.= In the case of a vehicle claimed to be leased and used by a resident= , a copy of a valid motor vehicle registration and a copy of the automobile lea= se shall be presented to the Police Department in lieu of the New Jersey motor vehic= le registration.

<= span style=3D'mso-fareast-font-family:Courier;mso-bidi-font-family:Courier'>(1)&= nbsp; The resident’s sticker is to be place = on the

rear window, driver’s side, lower left-hand corner of t= he registered vehicle.

= (1)&= nbsp; The Police Department shall have the

authority to issue temporary resident permit parking stickers= to persons claiming to be residents of the Borough but who have not yet changed their license or their motor vehicle registration to reflect the Borough address and to any resident holing a current resident permit but whose car = has been stolen or incapacitated and who is driving a temporary vehicle. The temporary sticker shall be val= id for a period not to exceed 90 days, at which time the resident must obtain a permanent sticker by presentation of the proofs of residency set forth in S= ubsection (2) above, in the case of new residents, and the temporary permit shall exp= ire in the case of a temporary vehicle.

= (1)&= nbsp; Contractors, service, and delivery vehicles<= /p>

bearing the name and address of a commercial business may park without a permit during the time they are rendering service to a residence within the permit parking area.

= (1)&= nbsp; Emergency vehicles and public service,

telephone, and other public utility vehicles may park within = the permit parking area during the time they are rendering service or repairs within t= he area.

= A.&n= bsp; Two visitor permits shall be issued to each =

residential unit on any street or portion thereof upon which parking is restricted by this article for use only by visitors to that residential unit. The visitor permits shall be issued per

household for use by visitors only while visitors are actually visiting the household to which the permit was issued.

A. = All visitor permits are to be displayed on <= /p>

the front dashboard above the steering wheel and must be fully readable from the exterior of the vehicle.= A visitor permit should be returned to the resident at the conclusio= n of the visit as it will not be replace if lost.

A. = No permit fee shall be charged to Borough

residents.

B. = Resident permits and visitor permits will

expire annually. Any vehicle bearing an expired resident permit or visitor permit and parked on a street posted “Permit Parking Only” shall be subject to the same penalty as a vehicle parked on the street without a resident permit, visitor permit, or business permit.

§222-10.2 Violations and Penalties.

A. = Any vehicle parked on a street posted

“Permit Parking Only” without a valid resident pe= rmit or visitor permit shall be subject to a fine not to exceed $50 for each par= t of a twenty-four-hour period that the vehicle is parked in violation of this article.

B. = Residents who park and are ticketed due to <= /p>

the resident’s failure to display the proper parking sticker issued in accordance with Subsection D of §222-10.1(C)(2) are entitled to a one-time exemption of the fine set forth in §222-10.2(A)= , in the discretion of the Court, upon proof submitted to the Court of residency within the Borough at the time the ticket was issued. “Proof of residency” f= or purposes of this subsection shall be acceptable proof as determined within §222-10.1(2) herein. The= aforementioned exemption shall apply one time, and any subsequent offenders will be fined accordingly.

Section 2: Schedule XX (§222-51) shall be added to state:

In accordance with the provisions of §222-10.1, no person shall park on the following described streets or parts of streets without the required sticker:

Name of Streets &= nbsp; Side &= nbsp; Location

D’Ercole Court &= nbsp; North = Between McClellan

(only residents of Nor= wood &= nbsp; Street and the

Gardens are eligible)<= span style=3D'mso-tab-count:5'> &= nbsp; &nbs= p; Feitner Street

&nb= sp; = &nb= sp; = Right of Way

D’Ercole Court &= nbsp; South = Between McClellan

(only residents of Nor= wood &= nbsp; Street and the

Senior Citizens are el= igible) &= nbsp; Feitner Street

&nb= sp; = &nb= sp; = Right of Way

Sec= tion 3: All Ordinances or parts of Ordinances that are inconsistent with the provision = of this Ordinance are hereby repealed, but only to the extent of such inconsistencies.

Sec= tion 4: The provisions of this Ordinance are severable. If any part of this Ordinance is declared to be unconstitutional or invalid by any Court, the remaining part= s of this Ordinance will remain in full force and effect.

Sec= tion 5: This Ordinance shall take effect upon passage and publication according to law.<= o:p>

Introduced and passed first reading:

Passed second reading:

ATTEST: = &nb= sp; APPROVED BY:

= &nb= sp; = &nb= sp;

Lorraine L. McMackin &nb= sp; &n= bsp; = ; Michael B. Kaplan, Mayor =

Borough Clerk=

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