City of Lackawanna, NY Sidewalk Uses

An owner or operator of a restaurant abutting in whole or in part upon a public street, who desires to extend the services of such restaurant onto the sidewalk portion of the public street on which the restaurant abuts, may file an application therefor with the Director of Development. The application shall be accompanied by a currently dated plot plan drawn to a scale of 1.4 inch equals one foot, showing:

(1)

The location and size of the structure housing the restaurant.

(2)

The location and dimensions of the entire sidewalk between the curbline and the right-of-way adjacent to the restaurant.

(3)

The length of the property lot line abutting the public street.

(4)

The contemplated hours of operation of the outside portion of the restaurant.

(5)

The number and location of tables to be placed in the sidewalk cafe area, together with the location of any railings, walls or planters to be placed therein.

(6)

The maximum number of people intended to be accommodated by the proposed extension.

(7)

Whether or not the sidewalk in front of the premises supports or contains a bus stop, utility pole or poles, public rubbish containers, a bus passenger shelter, fire hydrant, trees, public telephone or any permanent obstruction, and if so, their location.

(8)

Where on the premises there is to be found the water shutoff, gas shutoff and sewer vent.

(9)

As a requirement for construction and use of a sidewalk cafe as within this section, the design and plans shall include necessary access for persons with handicapping conditions by access routes at ground level or with a ramp or similar access to allow a barrier-free entrance to those persons with handicapping conditions. The Director of Development shall approve all designs and plans for compliance herewith.

The application and plot plan required in Subsection A above shall be filed with the Director of Development. The Director of Development shall forward a copy of the application to the Planning Board, which shall review the application and approve the designs and plans submitted. The City Planning Board and the Director of Development shall, as soon as practicable, forward the applications to the City Council, together with their recommendations and suggestions concerning the proposed installation. The City Council may approve the application, disapprove it or approve it with conditions. All approvals of the City Council shall, in addition to other conditions it may impose, be subject to the following specific conditions:

(1)

No installation shall exceed 12 feet in width.

(2)

In no case shall the unobstructed portion of the public passageway, after the installation of the sidewalk cafe, be less than four feet in width, except that the City Council may require an unobstructed passageway or more than four feet in areas of high pedestrian traffic.

(3)

Sidewalk cafes may be installed no earlier than April 15 and all components thereof shall be removed from the public passageway on or before October 15 of each year.

This section shall not be deemed to authorize any encroachment or obstructions permanent in character or permanently affixed to the main building containing the restaurant or permanently affixed to the main building containing the restaurant or permanently affixed to the public sidewalk.

If the application is approved by the City Council, the applicant shall also comply with all other applicable laws and ordinances and shall supply a construction-in-street bond issued by a surety company in an amount to be determined by the Director of Development. The form of said bond shall be supplied by the Director of Development to the applicant, be approved as to form by the City Attorney and be approved as to the sufficiency by the Comptroller. The bond shall be filed with the Comptroller.

The approval of the aforesaid application by the City Council shall require a majority vote of the entire Council; provided, however, that if the Director of Development and the City Planning Board recommend disapproval of the application a four-fifths vote of the full Council shall then be required for approval.

Upon compliance with all of the above requirements and upon procurement of all of the aforesaid approvals, including the construction-in-street bond required in Subsection D hereof, the City Clerk shall issue a sidewalk cafe permit to the applicant upon his payment of any required fee. The City Clerk shall indicate on the face of the permit for the period for which the permit shall be effective. A new application for a sidewalk cafe permit shall be submitted in accordance with these provisions by an applicant who desires to renew his permit to operate a sidewalk cafe.

Any permit issued hereunder may be revoked by the City Council without prior notice to the permittee. This power of revocation shall be considered a condition to the issuance of the permit. All permits issued hereunder shall be nontransferable and nonassignable, except upon obtaining the prior approval of the City Council.

Upon approval by the City Council, the annual license fee to be paid by the applicant shall be $45.