The Borough reserves the right to amend, terminate, or repeal
this chapter, and accordingly no property rights are granted to any
person, persons, or entities by virtue of this chapter. All persons
or entities seeking to comply with this section are hereby given express
notice that any expenditures of funds, or other costs in reliance
on the provisions of this chapter shall be at their own expense. All
persons or entities seeking to comply with this chapter are hereby
given express notice that they bear the sole risk of loss for any
expenditures and costs in the event this section is amended, terminated,
or repealed. The foregoing reservations apply to the use of the county
right-of-way.
Outdoor dining areas shall be designed and regulated as follows:
A. The design of outdoor tables, chairs, umbrellas, and all other outdoor
personal property of the dining establishment shall be aesthetically
consistent with the surrounding architecture. Tables, chairs, and
umbrellas shall be of sufficient weight and material so as to not
be affected by wind and weather.
B. Additional signage or advertisements will not be permitted in the
outdoor dining area. Signage previously approved shall remain unaffected.
C. No table shall be greater than 30 inches by 60 inches and shall seat
no more than six patrons at a sitting.
D. The design and layout of the outdoor dining areas shall not cause
any damage to Borough or county property, including any landscaping.
E. The dining establishment will be responsible for maintaining the
area surrounding the tables to the highest standards of cleanliness.
No trash, bus trays, or other refuse will be permitted to be stored
in the outdoor dining area.
F. Dining establishments may begin seating patrons at 7:00 a.m. and
continue until 10:00 p.m. All tables and chairs must be cleaned up
no later than 12:00 midnight.
[Amended 4-19-2022 by Ord. No. 1606]
G. Alcohol is permitted to be consumed at tables whether served by the
establishment or brought by the patrons where alcohol has been previously
approved and consistent with the restaurant’s approvals. Loitering
in the dining area while consuming alcohol is not permitted.
[Amended 4-19-2022 by Ord. No. 1606]
H. Dining establishments licensed to serve alcohol by the New Jersey
Division of Alcoholic Beverage Control that are seeking to provide
and allow for the consumption of alcohol in the outdoor dining area
must strictly comply with this chapter and all other applicable laws
of the Borough and State of New Jersey.
I. Dining establishments not licensed to serve alcohol by the New Jersey
Division of Alcoholic Beverage Control that are seeking to allow patrons
to consume alcoholic beverages in the outdoor dining area must strictly
comply with this chapter and all other applicable laws of the Borough
and State of New Jersey. In addition, no one visibly intoxicated shall
be permitted to consume alcohol.
J. Music is permitted, provided noise levels are consistent with §
374-9F of the Borough's Noise Ordinance.
K. No additional outdoor lighting is permitted, with the exception of
small candles or table lights, other than previously approved signs
and light fixtures.
L. Barriers, whether permanent or temporary, are not permitted without site plan approval pursuant to Chapter
345.
M. Food shall be purchased inside the establishment or through wait
staff served at tables. Outside sales will not be permitted.
N. The layout of outdoor tables, chairs, umbrellas and all other property
shall not in any way interfere with pedestrian or vehicular safety,
or with necessary access by fire, police, and ambulance personnel.
Any seating areas contained within 96th Street and Third Avenue must
maintain a six-foot-clear sidewalk at all times in an area where the
cross slope of the sidewalk does not exceed 2% or is consistent with
the pedestrian path. All other areas of the Borough adjacent to restaurants
must maintain a three-foot-clear sidewalk at all times in an area
where the cross slope of the sidewalk does not exceed 2% or is consistent
with the pedestrian path. Umbrellas must provide a clear seven feet
beneath the surrounding edge of the umbrella.
[Amended 4-19-2022 by Ord. No. 1606]
(1) Any
dining establishment providing outdoor dining area sidewalk passage
of less than five feet in width where the sidewalk passage is 200
feet or longer shall provide passing spaces at intervals of 200 feet
maximum. The minimum dimension of pedestrian passage at passing spaces
shall be fivefeet wide for a distance of fivefeet.
O. The layout of the outdoor dining area, and all items therein, shall
be arranged in a manner providing no less than six feet within 96th
Street and Third Avenue and three feet in all other areas of unobstructed
paved passageway for pedestrians walking through the outdoor dining
area. The purpose of this section is to provide pedestrians a minimum
of six feet within 96th Street and Third Avenue and three feet in
all other areas of free passage at all times and under all conditions
on paved areas. The minimum six feet within 96th Street and Third
Avenue and three feet in all other areas of passageway shall be completely
free of obstructions, including but not limited to trash and recycling
receptacles, benches, trees, poles, and any other sidewalk installations.
[Amended 4-19-2022 by Ord. No. 1606]
P. The outdoor dining area shall be permitted between the curb and building
adjacent to the dining establishment. In no event shall the dining
area or pedestrian passageway enter or cross a Borough or county street.
Any dining establishment seeking a license for outdoor dining
pursuant to this chapter shall apply to the Zoning Officer of the
Borough annually in conjunction with the submission of an application
for mercantile license. Approval must be obtained from the Zoning
Officer, and all additional approvals for consumption of alcohol at
the outdoor dining areas must also be obtained, when applicable, before
the dining establishment may begin to set up any outdoor dining areas.
The application for an outdoor dining area license shall be
on Borough forms, filled out completely, and submitted to the Zoning
Officer of the Borough in accordance with the schedule set by the
Borough. The following items and information shall be provided:
A. Scaled layout of the proposed tables, chairs, and any other items
necessary for outdoor dining. The plan shall include dimensions of
the tables and chairs along with the pedestrian pathway and any other
Borough-owned facilities within the dining area, including but not
limited to: light poles, benches, trash/recycling receptacles, trees,
planters, and any other Borough-owned property.
B. Whether the dining establishment seeks to allow for the consumption
of alcoholic beverages in the outdoor dining area, and if so, whether
the dining establishment is licensed and approved by the New Jersey
Division of Alcoholic Beverage Control to serve alcohol in the outdoor
dining area.
C. A detailed narrative, supported by a plan of relevant information,
describing the method of serving tables, the proposed hours of outdoor
service, where alcohol will be consumed at the outdoor dining area
and how it will be served, and the method of outdoor litter control
and trash/recycling handling.
D. Specifications for tables and chairs that include the style, color,
size, and material to be used in the outdoor dining area.
E. A description of the adjacent buildings/businesses and how they will
be affected by the outdoor dining area.
F. A nonrefundable $200 application fee paid to the Borough at the time
the application is being made.
G. Proof that the county has approved the outdoor dining area in the
county right-of-way, where applicable.
H. Proof of approval from the New Jersey Division of Alcoholic Beverage
Control, when applicable.
Applications for outdoor dining shall be reviewed by the Zoning
Officer of the Borough on a case-by-case basis. Where necessary, the
Zoning Officer shall confer with the police, Fire Department, Construction
Official, City Clerk, or Borough Engineer should the application warrant
it. The following factors shall be used to determine approval for
or continued licensure:
B. Level of pedestrian traffic in the area.
D. Level of vehicular traffic in the area.
F. Management plan for cleanup, litter control, and trash/recycling
handling.
G. Impact on existing landscape.
H. Potential interference with police or fire safety.
I. Interference with use and impact on adjacent property owners.
J. Present and past deviation from compliance with the terms of this
section and other provisions pertaining to outdoor dining areas.
K. Adequacy of the design plan submitted pursuant to this chapter.
L. Compliance with county and state requirements.
No outdoor dining license shall be issued before the Borough
receives proof of the following requirements.
A. Insurance. Each applicant must supply the Borough with a certificate
of insurance to hold harmless the Borough, showing the limits of not
less than $1,000,000 bodily injury and property damage, combined single
limit of liability; and for any establishments that are permitted
to allow or sell alcoholic beverages, the applicant shall also provide
for liquor liability insurance with not less than $2,000,000 bodily
injury and property damage, combined single limit of liability. The
Borough shall be added to the liability insurance policy of the permit
applicant as an additional insured. The policy or policies of insurance
must be with a company or companies authorized to do business in the
State of New Jersey and shall be delivered to the Borough, with evidence
of payment of premiums thereafter. If the dining establishment abuts
a county right-of-way, in addition to the above, the county shall
be added as an additional insured. The Borough shall be designated
by the applicant to be notified by the insurance company in the event
of cancellation of insurance for any reason.
B. Hold harmless. Permit applicants shall agree to save, hold, and keep
harmless and indemnify the Borough from and for any and all payments,
expenses, costs, and attorney fees and from any and all claims and
liability for losses or damage to property or injuries to persons
occasioned wholly or in part by or resulting from any acts or omissions
by the permit applicant or the permit applicant's agents, employees,
guests, licensees, invitees, assignees, or successors; or for any
cause or reason whatsoever arising out of or by reason of the use
by the permit applicant and the conduct of the permit applicant's
business within that portion of the outdoor dining area for which
a permit was issued to the respective applicant. An application by
a permit applicant pursuant to this section shall be deemed conclusive
evidence of the permit applicant's agreement to indemnify the Borough
as aforesaid. However, in addition, the applicant shall execute a
hold harmless agreement in a form supplied by the Borough. If the
dining establishment abuts the county right-of-way, in addition to
the above, an application by a permit applicant pursuant to this section
shall be deemed conclusive evidence of the permit applicant's agreement
to also indemnify the county. Further, the applicant shall also execute
a hold harmless agreement in a form supplied by the Borough indemnifying
the Borough and the county.
The Borough reserves the right to revoke the dining establishment's
license if it is determined that the establishment has failed to meet
the requirements of this chapter or the conditions of their approval.
In addition, if it is determined by the Police or Fire Department
that there is an issue concerning public safety that is not immediately
addressed, the license may be also be revoked.
Borough Council may amend this chapter by resolution during
times of economic uncertainty or when extenuating circumstances require
it.