Borough of Chester, NJ
Morris County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Mayor and Council of the Borough of Chester 6-1-2009 by Ord. No. 2009-7. Amendments noted where applicable.]
GENERAL REFERENCES
Land development and procedures — See Ch. 163.
Special business licenses — See Ch. 178, Art. I.
Retail food establishments — See Ch. 244.

§ 189-1 Purpose.

The Council of the Borough of Chester has determined that the establishment of regulations for seasonal outdoor seating will help to foster a pleasant and distinctive ambience within the Borough and that the proper regulation of such activity is required in the interests of the health, safety and welfare of the people of the Borough.

§ 189-2 Definitions.

As used in this chapter, the following terms shall have the meanings indicated:
SEASONAL OUTDOOR SEATING
Outdoor seating provided at a duly permitted food establishment pursuant to Chapter 244, including removable seats and tables, located within a defined area of an approved site plan that is not otherwise devoted to a function essential to the site. Seasonal outdoor seating shall be limited to use between April 15 and November 1 (inclusive). Season outdoor seating permits may be issued annually and shall expire at 12:00 midnight on November 2 of the calendar year issued.

§ 189-3 Permits required; violations and penalties.

A. 
Except as otherwise provided herein, it shall be unlawful to offer seasonal outdoor seating without first obtaining a permit as required by this chapter and otherwise complying with all other applicable statutes, regulations and ordinances.
B. 
It shall be unlawful to violate this chapter, the terms and conditions of any permit issued hereunder or any provision herein, whether or not permitted hereunder.
C. 
Any person convicted of a violation of any of the provisions of this chapter shall be subject to a fine not to exceed $1,250 or 90 days imprisonment, or both, as set forth in § 1-17 of the Code of the Borough of Chester, as may be amended. Each violation of a section or subsection of this chapter, and each day that a violation continues, shall constitute a separate offense.

§ 189-4 Application; fee; review.

A. 
Each applicant for a seasonal outdoor seating permit shall submit and file an application with the Borough Administrator. The application shall set forth:
(1) 
The name and address of the applicant;
(2) 
The name and address of the owner of the subject property (if other than the applicant);
(3) 
The written authorization and approval of the owner of the establishment (if other than the applicant);
(4) 
A description of the proposed design and location of the seasonal outdoor seating and all temporary structures, equipment and apparatus to be used in connection with its operation, including tables, chairs, planters, lighting and electrical outlets (if any);
(5) 
A statement of the seating capacity of the proposed seasonal outdoor seating and of the existing eating establishment operated by the applicant in the adjacent building;
(6) 
A description of the proposed location of the seasonal outdoor seating showing the actual dimensions of the area to be utilized and pedestrian traffic related thereto.
B. 
The annual fee for a seasonal outdoor seating permit shall be $50 for up to 25 outdoor seats and $100 for 26 plus seats.
[Amended 11-14-2011 by Ord. No. 2011-18]
C. 
A seasonal outdoor seating permit may only be issued to a food establishment permitted in accordance with Chapter 244.
D. 
In reviewing an application for a seasonal outdoor seating permit, the Borough Administrator shall consider the following aspects of an administrative site plan, including but not by way of limitation the following:
(1) 
Pedestrian and traffic circulation;
(2) 
Number, type and location of existing seats in conjunction with approved wastewater flows;
(3) 
Police and first aid/emergency squad access;
(4) 
Fire safety;
(5) 
Parking;
(6) 
Trash removal; and
(7) 
Any other public health, safety and welfare matter related to proposed outdoor seating.
E. 
After review of the administrative site plan, the Borough Administrator may issue a seasonal outdoor seating permit with conditions, including but not by way of limitation:
(1) 
Limitation on seasonal outdoor seating so as not to exceed the total number of existing approved indoor seats;
(2) 
When deemed necessary, directional or other informational signs; and
(3) 
Any other condition that may be deemed necessary and/or appropriate to the protection of pubic health, safety and welfare.
F. 
In the Borough Administrator's discretion, the application may be referred to the Municipal Engineer, Zoning Officer, Police Department or other official deemed appropriate by the Borough Administrator, who shall thereupon recommend approval, disapproval or modification of the application.