The purpose of this article is to permit daytime and evening
outdoor dining on private property and sidewalks adjacent to local
restaurants for the enjoyment of restaurant patrons without disturbing
the immediate neighborhood or pedestrian traffic. It is intended to
permit the tasteful, aesthetic use of tables and chairs on the property
and adjacent sidewalks of local restaurants under the direction and
approval of the Zoning Code Enforcement Official. It is the intention
of the Township of Wyckoff to monitor and review the use of these
facilities after the adoption of this article to determine its full
impact upon the Township and the enjoyment of its citizens.
It shall be unlawful for any person, business entity, firm,
partnership, corporation, association or organization of any kind
(hereinafter collectively referred to as "person") to create, establish,
operate, maintain or otherwise be engaged in a business with outdoor
dining upon the sidewalks of the Township of Wyckoff, or on private
property, unless such person holds a currently valid license issued
pursuant to the terms of this article.
This article applies to all food establishments, restaurants and taverns in the Township of Wyckoff in the B-1, B-2, B-5, B-1A, and B-5/SDAH-2 Zones, collectively referred to as “establishments” within this Article
XII.
Upon the issuance of a license pursuant to this article, outdoor
tables and chairs shall be permitted outside the interior of the eating
establishment on private property or upon the sidewalks directly adjacent
to any restaurant, cafe, cafeteria or place of business where food
and/or other refreshments are served, provided that the following
rules, regulations and specifications are met:
A. The tables
and chairs shall be sturdy and of sufficient strength to be used for
the purpose intended.
B. The layout
of tables and chairs shall not in any way interfere with pedestrian
or vehicular safety or with necessary access for firefighting equipment
and ambulances or personnel. An unobstructed paved surface for pedestrian
traffic at least six feet wide shall be maintained upon any private
sidewalk or sidewalk within the public right-of-way.
C. The highest
standards of cleanliness of the outdoor area shall be maintained at
all times, including frequent litter removal, within and around and
beyond the subject property. A plan for litter removal, trash handling,
and overall cleanliness and maintenance must be submitted together
with the application.
D. The hours
for outdoor service shall be between 7:00 a.m. and 11:00 p.m. All
tables, chairs and equipment shall be secured and covered so as to
render the same unusable, no later than 11:30 p.m. No tables, chairs,
benches or other equipment used shall be attached, chained or in any
manner affixed to any tree, post, sign, curb or sidewalk.
[Amended 6-24-2014 by Ord. No. 1745]
E. Noise
shall be kept at such a level as to comply with all provisions of
the Township ordinances relating to noise as well as all applicable
state statutes. No outdoor music, public-address system, loudspeakers
or any other type of exterior sound systems shall be permitted.
F. Lighting
servicing the outdoor dinning shall be kept at the minimum necessary
to ensure the safety of the public and patrons of the establishment.
No lighting provided specifically for outdoor dinning shall spill
onto adjacent residential properties.
G. Outdoor
dining shall not be permitted if it will interfere in any way with
the peace and quietude of nearby residences.
H. Low barriers
of a temporary nature may be placed at the edge of the seating area
during business hours so long as there is no interference with public
safety or pedestrian movement patterns.
I. No food
or drinks served or consumed at locations licensed for outdoor dining
shall be prepared or stored other than in the interior of the eating
establishment.
J. No tables
or chairs shall be placed in existing parking spaces.
K. No direct
sales to patrons through an opening in walls or windows shall be permitted.
L. The outdoor
dining operation shall be operated and maintained by the same person
who operates and maintains the related restaurant establishment of
which the outdoor dining is a part and extension thereof.
M. Alcoholic
beverage service and consumption shall only be permitted with food
service to the customers.
N. All necessary
amendments to liquor license applications with regard to the description
of the area of the licensed premises shall be made and approval for
such obtained prior to the service of alcohol in the outdoor dining
area which is a part of the premises for which a liquor license has
been previously issued.
O. There
shall be no additional signage on the premises or on the furnishings
and equipment utilized as part of the outdoor dining operation.
P. All tables
and chairs in connection with outdoor dining shall be located within
10 feet of the building improvement which constitutes the subject
food establishment.
Q. There
shall be no tables or chairs located within 30 feet from any curb
or paved portion of a county road.
R. Where
outdoor dining is proposed to be located directly adjacent to parking
spaces which provide for head-on parking or parking angled towards
the proposed outdoor dining area, protective bollards or barriers,
as approved by the Township Planning Board as part of a site plan
application, shall be required.
The applicant shall pay a nonrefundable application fee of $300
for each application or annual renewal. Such fee shall be payable
whether the application is approved or not.
All outdoor dining licenses shall be issued for the period commencing
April 15 at 12:01 a.m. and ending November 1 of that particular year.
Licenses may be renewed annually by the filing of an application in
accordance with the provisions of this article.
Any person convicted of a violation of any of the provisions
of this article shall be subject to a fine not to exceed $500. Each
violation of a provision of this article, and each day that a violation
continues, shall constitute a separate offense.
The Construction Code Official shall be responsible for licensing
and the collection of fees. This article shall be enforced by the
Zoning Officer, the Police Department, the Board of Health as to the
Sanitary Code, the Superintendent of Public Works as to trash, litter
and recycling regulations, the Township’s Fire Safety Official,
the Township’s Code Construction Official or any other Township
official as designated by the Township Committee.