[HISTORY: Adopted by the Township Committee of the Township
of Delanco 8-5-2019 by Ord. No. 2019-15. Amendments noted where applicable.]
The purpose of this chapter is to permit certain outdoor eating
facilities adjacent to existing restaurants and businesses selling
prepared food in order to encourage the viability of restaurants and
food-service establishments and to enhance the vitality of the Township
of Delanco.
A.
The provisions of this chapter apply only to outdoor eating facilities
on public property and/or within the public right-of-way.
B.
Outdoor eating facilities regulated by this chapter shall only be
operated by, and adjacent to, existing, approved, indoor restaurants
and/or retail stores which sell food or drink that is ready to consume.
All outdoor eating facilities permitted by this chapter must
comply with the following:
A.
A safe, continuous, and level path on the public right-of-way (sidewalk)
shall be maintained for pedestrian traffic to pass in front of the
property operating the outdoor eating facility. Such path must be
not less than four feet in width between the most forward edge of
any furniture or other items and any existing and proposed features,
such as trees, tree wells, planters, benches, trash cans, signs, hydrants,
utility poles, curblines, and similar publicly installed fixtures
or other item in the right-of-way.
B.
No outside furniture or other item may be located within three feet
of the curbline.
C.
All outside furniture, including tables and chairs, may remain in
the public right-of-way (sidewalk) at the end of business each day,
but any smaller items, including napkin holders, table signs, and
the like, shall be stored inside the business.
[Amended 12-16-2019 by Ord. No. 2019-25]
D.
Disposable items, including but not limited to dishes, cutlery, cups,
table covers, and napkins:
(1)
Shall not be used as part of any outdoor eating facilities where
employees of the business serve patrons.
(2)
May be used by patrons using outdoor furniture where food and drinks
are obtained inside the business premises and there is a satisfactory
plan to insure that these disposable items do not become litter. Businesses
meeting this requirement must include appropriately located trash
receptacles in their plan along with regular monitoring and cleanup
by employees of the business.
E.
Pedestrian traffic shall not be impaired due to the operations of
serving food and drinks or during set up or removal of the outdoor
furniture and items.
F.
There must be a satisfactory operating plan that covers the following:
It shall be unlawful to place furniture and other items on the
outside of any property to be used in connection with a proposed,
or existing outdoor eating facility in the Township of Delanco without
first making application for and obtaining an outdoor eating facility
permit. Outdoor eating facilities must also meet any and all requirements
imposed by any other applicable statutes, regulations and ordinances.
A.
All businesses desiring to operate an outdoor eating facility shall
obtain permission therefor annually on a calendar-year basis from
the Township of Delanco by submitting a written application to the
Zoning Officer. All applications for outdoor eating facility permits
shall be submitted on such forms and in such quantity and with such
attachments as may be required by the Township of Delanco. The application
will contain a hold-harmless provision, as determined by the Township
Solicitor, that the applicant must agree to as part of the application.
B.
The fee for an initial outdoor eating facility permit application
shall be $50. The fee for a renewal application for substantially
the same arrangement shall be $25 each year thereafter. For an application
to be considered a renewal application, it must include substantially
the same information as was on the initial application.
C.
Once an application for an outdoor eating facility permit is submitted,
the Zoning Officer shall review it within 10 days in order to determine
whether it is complete. A complete application for an outdoor eating
facility permit shall consist of the following items:
(1)
A scale drawing of:
(a)
The entire right-of-way from the building facade to the curbline
in front of the building (or other proposed outdoor location) where
approval for an outdoor eating facility is desired.
(b)
The location of all existing and proposed features such as trees,
tree wells, planters, sidewalk materials and conditions, sidewalk
width, benches, trash cans, signs, hydrants, utility poles and similar
publicly installed fixtures.
(c)
The location, size, layout, etc., of proposed tables, chairs,
umbrellas, storage items, etc.
(2)
Drawings, photographs, or catalog cuts of the proposed tables, chairs,
umbrellas, storage items, including colors, fabrics, materials, etc.
(3)
Details of the operational plan for serving of food and drinks, for
cleaning any accumulation of trash, garbage and/or litter; for ensuring
that pedestrian traffic will not be impaired; and for removing all
smaller items which must be removed when the operations cease each
day.
[Amended 12-16-2019 by Ord. No. 2019-25]
(4)
A certificate of insurance or written commitment from the applicant's
insurer that a certificate of insurance will be issued upon approval
of the permit, providing for a minimum of $1,000,000 of general liability
coverage applicable to the outdoor eating facility and including a
written provision including the Township of Delanco as an additional
named insured to cover any claims related to the outdoor eating facility,
in order to safeguard and protect the public.
(5)
Signature of the applicant or the owner of the proposed outdoor eating
facility (who is presumed to be the applicant).
(6)
Signature of the owner, or designated representative, of the tax
lot for which the application is made.
A.
Once the Zoning Officer deems the application complete, such Officer
shall review the application to determine if it conforms to the appropriate
sections of this chapter. The Zoning Officer shall then issue a written
decision indicating whether the proposed outdoor eating facility is
in conformance and what aspects, if any, of the proposed facility
are not in conformance.
B.
All applications for an outdoor eating facility permit that are deemed
complete and in conformance by the Zoning Officer will be submitted
within seven days to the designated representative(s) of the Township
Committee to determine the appropriateness of the outdoor furniture
and items.
C.
All outdoor eating facilities permitted by this chapter in the public
right-of-way must ultimately be authorized annually by resolution
of the Township Committee.
(1)
The Zoning Officer shall transmit a request to the Township Committee
for approval at their next meeting when all aspects of the application
are determined to be in conformance with the ordinance.
(2)
The Committee has the discretion to approve or deny the application,
as submitted, but may not change the terms or conditions.
(3)
The Committee may deny the application or revoke an existing permit
previously approved, if there is a verified record that the applicant
has violated prior approvals for an outdoor eating facility, operated
an outdoor eating facility without prior approval, or has a violation
of any provision of the Code of the Township of Delanco for which
they have been properly notified.
A.
Any applicant whose application for an outdoor eating facility permit
has been deemed incomplete by the Zoning Officer; or has been deemed
to be nonconforming by the Zoning Officer; or has been approved with
conditions by the designated representative(s) of the Township Committee,
may appeal such decision, in writing, to the Delanco Township Committee.
B.
All such appeals shall be made within 30 days of the date of the
written decision upon which the appeal is based, and shall be on such
forms as may be required by the Township Committee. The Township Committee
will seek to hear appeals within 30 days of the date of filing.
C.
The Township Committee may, in its review of a written appeal, consider
the Zoning Officer's written denial and any other information deemed
to be relevant to the Committee's review.
D.
The decision of the Township Committee shall be transmitted, in writing,
to the applicant.
A.
All outdoor eating facilities shall be maintained and operated by
the permit holder according to the approved permit. This maintenance
shall include keeping the furniture and other items clean and in good
repair, as necessary.
B.
If the Zoning Officer or Township Committee designee determines that
any outdoor eating facility is in a state of disrepair, unclean or
not in compliance with the operating plan, layout and approved items
per the permit, the Zoning Officer or Township Committee designee
shall give written notice to the permit holder of the unsatisfactory
condition of the facility and/or the violation of the terms of the
permit.
C.
The permit holder shall thereafter have five days to correct the
unsatisfactory condition or permit violation. If the unsatisfactory
condition or violation is not so corrected within the five-day period,
the Township may thereafter suspend the permit, and the outdoor eating
facility must cease operation. No furniture or other items may be
placed in the right-of-way until the Township, either as a governing
body or through one of its officials, agrees that the violation is
corrected.
D.
The Administrative Officer shall also report the violation to the
Township Committee who may, at its discretion, revoke the permit,
continue the suspension or lift the suspension, pursuant to the provisions
of this chapter.
E.
The Administrative Officer may, in addition to suspending the permit
or, as an alternative, file a Municipal Court complaint against the
permit holder.
F.
The Administrative Officer may file a complaint in Municipal Court
against any individual or entity that places furniture or other items
in the right-of-way for the purpose of operating an outdoor eating
facility as provided for in this chapter, without obtaining a permit
pursuant to this chapter.
Any person that shall violate any part of this chapter, or do any act or thing prohibited, or refuse to do any act required to be done, or refuse or fail to comply with an order of the Township or one of its officials shall, upon conviction thereof before any judicial officer authorized to hear and determine the matter, be subject to the penalties provided in Chapter 1, General Provisions, § 1- 14. Whenever such person shall have been officially notified by the Township or one of its officials, or by service of a summons in a prosecution, or in any other official manner, that such person is committing a violation, each day's continuance of such violation after such notification shall constitute a separate offense punishable by a like fine or penalty.
