[Adopted 6-1-2015 by Ord.
No. 833-2015; amended in its entirety 5-6-2019 by Ord. No. 899-2019]
A.
The allowance of outdoor dining in the Downtown Business Zone will
benefit the community by establishing an attractive and welcoming
environment for diners during the warmer months of the year.
B.
The outdoor dining should encourage increased patronage at the restaurants
and surrounding businesses, and outdoor seating should add to the
character and ambience of Milford's downtown area.
C.
This article establishes the regulations for this activity so that
the interests of the Borough of Milford are preserved along with the
health, safety, and welfare of both its citizens and the patrons dining
and sitting outside within the Borough.
As used in this article, the following terms shall have the
meanings indicated:
Outdoor dining is permitted all year round.
For areas within the public right-of-way, the area that extends
in a rectangle from the facade of the principal building to a line
parallel to and set back five feet from the curb of the road and is
bounded on the sides by the side lot lines; for areas located on private
property and not within the public right-of-way, the area designated
by the primary food establishment as the area for outdoor dining,
provided that it does not in any way encroach upon or interfere with
the public right-of-way or ingress to or egress from the subject property.
The establishment actually located within the building adjacent
to the outdoor dining area that has a current permanent food license.
Examples of such food establishments include a restaurant, coffee
shop, cafeteria, short-order cafe, luncheonette, grill, tearoom, sandwich
shop, soda fountain, tavern, bar, cocktail lounge, nightclub, roadside
stand, industrial eating establishment, private, public or nonprofit
organization, institution or group preparing, storing or serving food,
catering kitchen, commissary, box-lunch establishment, retail bakery,
meat market, delicatessen, grocery store, or public food market, or
any similar place in which food or drink is prepared for retail sale
or service on the premises or elsewhere, and any other retail eating
or drinking establishment or operation where food is served, handled
or provided for the public.
Each principal food establishment shall be entitled to provide
and maintain outdoor seating for food consumption in the outdoor dining
area, subject to the following requirements:
A.
The outdoor dining area may only operate during the approved hours
of operation of the principal food establishment.
B.
No permanent fixtures, equipment or structures shall be placed in
the outdoor dining area within the public right-of-way.
C.
Any primary food establishment providing outdoor dining shall provide
and maintain an unobstructed pedestrian passageway consisting of an
area of the sidewalk, parallel to the curbline, at least five feet
in width, which shall be unobstructed by any structure or equipment,
including, but not limited to, tables, chairs, trees, light poles,
and trash receptacles.
D.
No fixtures, equipment or structures used in the operation of the
outdoor dining area may be placed in a location that could restrict
ingress to and egress from the principal building or adjacent buildings,
nor which could restrict or obstruct the ingress to and egress from
vehicles parked along any street or roadway.
E.
The outdoor dining area shall be kept free and clear of refuse and
clutter, and tables are to be cleared within a reasonable time of
a patron exiting the premises.
F.
No additional signs, banners, or similar advertisements or decorations
may be utilized unless submitted and approved in accordance with the
provisions of the Milford Borough Code regulating the display of signs.
A.
Outdoor dining shall be permitted, provided that the dining establishment
has complied with this article, obtained all appropriate licenses
for service of food, and other approvals as may be required by the
Borough of Milford's Joint Land Use Board, the Milford Borough
Zoning Officer, the Hunterdon County Division of Public Health Services,
the New Jersey State Code Enforcement Official and any other agency
or official having jurisdiction.
B.
Should any outdoor dining area be in the county right-of-way, then
in addition to the above approvals, all county approvals and requirements
must be met before application for a license pursuant to this article.
Any dining establishment seeking a license for outdoor dining
pursuant to this article must make application to the Milford Borough
Clerk or a designee thereof annually in conjunction with the submission
of an application for an outdoor dining license. Approval must be
received from the Milford Borough Clerk or a designee thereof, and
all other requirements for consumption of alcohol at the outdoor dining
areas must also be satisfied, when applicable, before the dining establishment
may begin to set up any outdoor dining areas.
A.
The application for an outdoor dining area license shall be on a
Borough form(s), completely filled out and submitted to the Milford
Borough Clerk or a designee thereof, and in accordance with a schedule
to be set by the Milford Borough Clerk or a designee thereof. The
application form shall identify both the applicant and property owner.
The application shall include a statement signed and acknowledged
by the applicant that the applicant:
B.
The applicant shall provide proof to the Borough that the county
has approved the placement of tables, etc., and service of food and
alcohol, etc., in the county's right-of-way, if applicable.
A.
A nonrefundable application fee shall be paid to the Borough at the
time the application is submitted to the Borough along with the annual
food license:
(1)
Twenty-five dollars for the initial application for an outdoor dining
area located within the public right-of-way and for each renewal application
for which there is any change in the outdoor dining area located within
the public right-of-way;
(2)
Ten dollars for each renewal application for which there is a no
change in the outdoor dining area located within the public right-of-way;
and
B.
There shall be no fee charged for any application, either original
or renewal, for any outdoor dining area which is situated entirely
on private property and does not encroach into the public right-of-way.
In the processing of applications for outdoor dining, the Milford
Borough Zoning Officer or a designee thereof shall confer as necessary
with the Borough Clerk.
No outdoor dining license shall be issued before the Borough
receives proof of the following:
A.
Insurance.
(1)
Each applicant must supply the Borough with a certificate of insurance
to hold harmless the Borough, showing 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 must be added to the liability
insurance policy of the permit applicant as an additional insured.
The policy or policies of insurance must be issued by 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
therefor. If the dining establishment abuts a county right-of-way
in addition to the above, the county shall be added as an additional
insured.
(2)
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.
(3)
In the event that the insurance required by this article is canceled
for any reason, then the applicant's outdoor dining license shall
automatically be revoked and terminated without the need for the Borough
to take any further action, and such applicant shall not be permitted
to engage in the provision of outdoor dining unless and until a new
license is issued after submission of a new application and satisfaction
of all conditions of this article.
B.
Hold harmless agreement. Permit applicants must also 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 omission 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, applicant shall execute
a hold harmless agreement in a form supplied by the Borough. If the
dining establishment abuts a 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 county.
The Borough of Milford reserves its right to amend, terminate
or repeal this article, and, accordingly no property rights are granted
to any persons or entities by virtue of this article. All persons
or entities seeking to comply with this article are hereby given express
notice that any expenditures of funds, or other costs, in reliance
on the provisions of this article shall be at their sole expense.
All persons or entities seeking to comply with this article are hereby
given express notice that they bear the sole risk of loss for any
expenditures and costs in the event this article is amended, terminated
or repealed. The foregoing reservations apply to any use of either
the Borough of Milford's or Hunterdon County's respective
rights-of-way.
A.
In the event of noncompliance with any provision of this article,
a written notice of violation shall be issued by the Borough's
Zoning Officer or other authorized agent or official of the Borough
of Milford. Upon notice of a violation, the violator shall remove
all outdoor benches, tables, chairs and other outdoor facilities until
such time as the violation is completely abated.
B.
Each and every day the violation continues will be considered a separate
offense subject to a separate punishment by fine and/or community
service.
C.
Any person in violation of any provision of this article shall be
liable for a separate fine for each offense of not less than $100
nor more than $500 and/or community service for each offense.
All ordinances or parts of ordinances inconsistent with this
article are hereby repealed to the extent of such inconsistencies.
If any section, subsection, sentence, clause, phrase or portion
of this article is for any reason held invalid, preempted or unconstitutional
by any court or federal or state agency of competent jurisdiction,
such portion shall be deemed a separate, distinct and independent
provision of this article, and such holding shall not affect the validity
of the remaining portions hereof.
This article shall take effect immediately upon final publication
as provided by law.
