Franklin, J.c.c., Temporarily Assigned.
In this action in lieu of prerogative writs plaintiff Allendale Nursing Home, Inc., together with seven individual plaintiffs, seek to overturn an ordinance (No. 417) enacted by defendant Borough of Allendale which has the effect of making it an offense for vehicles other than "authorized emergency vehicles" to enter or exit one of the two means of access to the nursing home property.
The Allendale Nursing Home is located on approximately 11 acres of land in Allendale. The nursing home structure lies approximately one-quarter of a mile to the west of State Highway 17, a north-south artery. One access to the nursing home property is by a private road from Route 17 via a right of way across the property of others. The other access to the property is on its westerly boundary at a point where it adjoins the cul-de-sac of Harreton Road, a street in an A-1 residential neighborhood. The nursing home building is located within a couple of hundred feet of the cul-de-sac.
In November 1971 the nursing home applied to the Allendale Board of Adjustment for a variance to build a 50-bed addition to its 100-bed facility. Residents of Harreton Road opposed the variance because of the concomitant increase in traffic which would result on their street. In April 1972, following action by the board of adjustment, the application received final approval from the mayor and council upon the following conditions:
(1) * * * Applicant shall prohibit all vehicles, including those of management employees, suppliers, deliverymen, repairmen and visitors from using the Harreton Road cul-de-sac for access or egress. All such traffic shall enter and exit from Route 17. Appropriate notice shall be given to all such persons and signs shall be posted in the nursing home. Exceptions to this are emergency vehicles whose drivers elect to
use the cul-de-sac route, such as police, firemen and ambulance corpsmen.
(2) Install Curb -- The applicant shall install a curb at the Harreton Road cul-de-sac designed to permit slow passage of emergency vehicles to the nursing home.
(3) Install accessway -- A diagonal accessway shall be constructed between the Harreton Road cul-de-sac and the oval driveway.
(4) Install signs -- On either side of the accessway, but not at its ends, signs shall be erected which shall read "Do Not Enter -- For Emergency Vehicles Only".
In due course the nursing home addition was constructed predicated on the borough council's action.*fn1
Early in 1974, complaints were made to the mayor and council concerning the Harreton Road area, claiming that it was still being used by the nursing home for other than emergency purposes. These complaints resulted in the enactment of the ordinance under attack, No. 417. The ordinance was specifically designed to enforce the conditions imposed at the time of the 1972 variance for the addition.
Ordinance 417 is entitled, "An Ordinance Limiting and Restricting the Use of Harreton Road Cul-de-sac for Entrance to and Exit from a Private Road and providing for Penalties for the violation thereof." It provides in part as follows:
SECTION 2(a) Entrance and Exit Limited. There shall be no
vehicular public entrance from Harreton Road cul-
de-sac to the private access way to ...