[Adopted 6-2-1998 by Ord. No. 98-7 (Ch. 68A of the 1970 Code)]
The regulations as set forth in this article are designed to permit garden dining facilities in areas where they are appropriate and to promote and protect the public health, safety and general welfare. Specific purposes of this article are:
A. 
To preserve and enhance the character of neighborhoods throughout the Borough and to protect the adjacent residentially occupied areas.
B. 
To simplify administrative and strengthen enforcement procedures for garden dining facilities that are effective, efficient and enforceable and to promote the most desirable use of land.
A. 
This article shall be known as "Garden Dining Facilities."
B. 
For the purposes of this article, the following terms shall include each of the meanings set forth:
BOROUGH
The Borough of Runnemede.
GARDEN DINING FACILITY
An exterior dining facility attached to and part of an eating and drinking establishment of Use Group A-3, as defined by the Uniform Construction Code,[1] only in a Commercial C District, that is primarily an eating establishment, with a plenary retail consumption license, entirely located on private property, open to the elements except for awnings, walls or fences which are permanent in nature and which does not allow nonemergency ingress or egress from the exterior.
JOINT PLANNING/ZONING BOARD OF ADJUSTMENT
The Borough of Runnemede Joint Planning/Zoning Board of Adjustment.
NONRESIDENTIAL DISTRICTS
Those areas of the Borough of Runnemede which are situate in the Commercial C District and are at least 200 feet from any other residentially occupied or zoned premises.
RESIDENTIAL/MIXED-USE DISTRICTS
Those areas of the Borough of Runnemede which are situate in the Commercial C District and are situate less than 200 feet from any other residentially zoned or occupied properties.
[1]
Editor's Note: See Ch. 120, Construction Codes, Uniform.
A. 
A garden dining facility authorized and operated pursuant to this article shall comply with the following:
(1) 
Possess a New Jersey plenary retail consumption license that will allow or can be amended to allow the serving of alcoholic beverages in the garden dining facility.[1]
[1]
Editor's Note: See Ch. 70, Alcoholic Beverages, Art. I, Licenses and Hours of Sale.
(2) 
Be handicapped accessible.
(3) 
Provide adequate rest room facilities.
(4) 
Have seating capacity not exceeding 50% of the number located in the primary restaurant.
(5) 
Have maximum occupancy not to exceed one patron for every 10 square feet.
(6) 
The permit shall be valid only when the primary use is classified A-3 pursuant to the Uniform Construction Code. Garden dining facilities are not permitted in A-2 or nightclub classifications.
(7) 
The premises shall be refuse-free; all landscaping shall be maintained; and no unenclosed refuse containers shall be permitted.
(8) 
Landscaping must extend 10 inches above table tops.
(9) 
Maximum height of the floor shall not exceed three feet above grade.
B. 
Rooftop garden dining facilities are prohibited.
A. 
Residential/mixed-use districts. Garden dining facilities located in residential/mixed-use districts shall be open for business only when food service is available from 9:00 a.m. Monday through Saturday and 12:00 noon on Sunday and shall close by 11:00 p.m., Sunday through Thursday and 12:00 midnight, Friday and Saturday.
B. 
Nonresidential districts. Garden dining facilities located in nonresidential zoning districts shall be open for business from 9:00 a.m. Monday through Saturday and 12:00 noon on Sunday and shall close by 12:00 midnight.
C. 
Closing. One-half hour after closing time, all patrons must be vacated from the garden dining facility. One hour after closing, the garden dining facility must be closed and secured.
A. 
Residential/mixed-use districts. Garden dining facilities located in said districts shall not use live entertainment, music or sound-producing or amplification devices, and no entertainment or games of any type are permitted. Lighting shall comply with all lighting standards in § 395-13A(5)(a) through (e), with a maximum of 1.0 footcandle at the property line.
B. 
Nonresidential districts. Garden dining facilities located in said districts shall be allowed to provide music, so long as it is not of a type or volume as to violate any applicable law or ordinance or create a nuisance to surrounding residents or property owners. Lighting shall comply with all lighting standards in § 395-13A(5)(a) through (e), with a maximum of 1.0 footcandle at the property line.
A. 
An establishment wishing to operate a garden dining facility shall apply to the Joint Planning/Zoning Board of Adjustment for site plan approval. Notice of the application for a garden dining facility to the Joint Planning/Zoning Board of Adjustment must be given to all property owners within 200 feet of the affected property pursuant to the New Jersey Land Use Law, N.J.S.A. 40:55D-1 et seq. Notice to property owners within 200 feet cannot be waived.
B. 
After approval from the Joint Planning/Zoning Board of Adjustment, the applicant must obtain a permit from the Borough Construction Office. The applicant shall supply a permit application to the Construction Office on a form prepared by that office for approval by the Construction Code Official. The permit application fee shall be $100. Said permit must be renewed annually at a cost of $100. Permits shall be issued on or after January 1 of each year and shall expire on December 31 of the same year. Applications for renewal of permits shall be made in the same manner as original applications. The applicant shall submit the permit renewal application 45 days prior to the expiration date. If the Construction Code Official fails to issue or renew a permit, the applicant may appeal to the Joint Planning/Zoning Board of Adjustment. Permits are not assignable.
The permit application shall contain the following information:
A. 
The name, address and telephone number of the applicant and owner.
B. 
The name, address and telephone number of the restaurant.
C. 
A copy of the license to serve alcoholic beverages.
D. 
The number of tables and chairs desired for this dining area and a drawing of the positions of tables relative to entrances and exits.
E. 
A survey map indicating property lines and the property owned by the applicant.
F. 
Any other information the Office of Code Enforcement may find reasonably necessary for the fair determination as to whether a permit should be issued.
G. 
A copy of the site plan resolution approved by the Joint Planning/Zoning Board of Adjustment. The site plan shall include but is not limited to parking lot configuration, landscaping buffer, fences or planters, location and screening of disposal facilities, lighting intensity and other safety or aesthetic issues and any other information as required by the Joint Planning/Zoning Board of Adjustment.
The Construction Code Official shall issue a permit upon a finding that the applicant has met all applicable provisions of this article and all applicable laws, including but not limited to the New Jersey Uniform Construction Code, New Jersey Uniform Fire Code and Borough ordinances.
A permit holder shall be bound by all applicable rules, regulations, ordinances, local laws, statutes and conditions of site plan approval.
The Construction Code Official shall be responsible for monitoring compliance with the terms of this article and applicable rules and regulations. The Construction Code Official shall have the authority to suspend a permit upon the finding of a violation of any applicable rule, regulation, ordinance, local law or statute. Upon issuance, the permit holder shall post the permit on the establishment and shall keep the same posted for the term of the permit.
Any permit holder who violates any of the provision of this article shall, upon conviction thereof, be subject to a fine not exceeding $500. Each day that such violation continues shall constitute a separate violation. Any permit holder who violates the provisions of this article or any other Borough ordinance three times in one year shall have the permit revoked for one full year and shall not be eligible for another permit until the expiration of one full year.