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.
Food preparation on or in the garden dining
facility is prohibited.
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.