Except by authorization of a resolution of the Township Committee,
no person shall place, put, continue or permit to remain in or over
any street or sidewalk or any part thereof any post, sign, porch,
shed or awning, except a retractable awning having a clearance from
the sidewalk of at least seven feet when down.
[Added 6-7-1993 by Ord.
No. 93-29; amended 7-17-2001 by Ord. No. 2001-19; 10-7-2003 by Ord. No. 2003-35; 7-17-2007 by Ord. No. 2007-20; 6-12-2012 by Ord. No.
2012-10; 10-24-2017 by Ord. No. 2017-12; 7-9-2019 by Ord. No. 2019-08]
Any eating establishment or restaurant ("eating establishment") located in the Special Improvement District established by Chapter
355 of this Code or located in the D-C Downtown Core District, D-B Downtown Business District, VC Village Commercial District or NC Neighborhood Commercial District may, upon application for and issuance of a permit pursuant to this section, utilize part of the sidewalk in front of its place of business for a sidewalk cafe.
A. Application for the sidewalk cafe permit created under this section
and operation of any sidewalk cafe shall be in accordance with rules
and regulations established by the Downtown Business and Economic
Development Office or as created or modified by resolution of the
Township Committee. A sidewalk cafe is defined as any space in between
the curbline and the front of any qualified eating establishment utilized
to accommodate tables and chairs for patrons to utilize.
B. Application for such permit shall be made to and such permits shall
be granted by the Zoning Officer.
C. A permit shall be granted only if the proposed sidewalk cafe conforms
to the following:
(1) The cafe shall be confined to the area directly in front of the existing
eating establishment, unless written permission of any adjacent property
owner and ground floor occupant shall be submitted and filed with
the application.
(2) Any cafe shall not interfere with access to the building entrance
or exit, any basement entrance or any fire hydrant, bus stop, parking
meter or public alleyway.
(3) A minimum of four feet from the curbline must remain open to maintain
pedestrian access and must remain free from any obstructions, including
existing utilities, fire hydrants, street trees, light poles, etc.
and/or from temporary obstructions such as garbage cans or wait staff.
Existing obstructions such as utilities may negate the suitability
of a site for the placement of a sidewalk cafe.
D. Applicants shall be required to provide a plan highlighting the layout
of the proposed sidewalk cafe. This plan must include the placement
of tables, chairs, barriers, planter boxes, street utilities and/or
street furniture, and the requisite four-foot walkable path from the
curbline to the cafe area in relation to the building facade and any
doorways to the primary restaurant area.
E. Applicants shall be required to submit proof of liability insurance
for the proposed sidewalk cafe, naming the Township of Cranford as
an additional insured, with minimum limits of liability in an amount
established in the rules and regulations.
F. The sidewalk cafe permit shall be an annual permit. There shall be
no fee for the permit. Use of the premises for sidewalk cafes shall
be permitted seasonally and only as prescribed in the rules and regulations.
G. The rules and regulations established pursuant to this section shall
be filed with the Township Clerk and available for public inspection.
H. Any sidewalk cafe permit may be suspended or revoked by the Zoning
Officer or by the Township Committee upon a violation of this section
or the rules and regulations. Revocation of the permit can also take
place if the sidewalk cafe is deemed to create an unsafe condition.
Such suspension or revocation shall be in writing and delivered personally
or mailed by certified mail to the permit holder at the address set
forth in the application.
I. Any suspension or revocation issued by the Zoning Officer may be
appealed to the Township Committee within 15 days of the mailing of
such notice.
J. The granting of a permit under this section shall not be construed
to permit any activity otherwise prohibited by this Code or by other
law.
K. Notwithstanding the provisions of §§
143-10 and
143-11 of this Code, consumption of permitted alcoholic beverages shall be allowed at a sidewalk cafe holding a valid permit under this section as follows:
(1) Consumption of alcoholic beverages shall be permitted only at sidewalk
cafes with wait staff serving patrons.
(2) Beer and wine shall be the only permitted alcoholic beverages to
be consumed at permitted sidewalk cafes which do not hold alcoholic
beverage control licenses.
(3) No alcoholic beverage control licensed premises may serve alcoholic
beverages at a sidewalk cafe until and unless the licensee shall have
applied for and received approval of a place-to-place transfer of
its license for expansion of its premises to include the sidewalk
cafe area.
(4) Nothing contained in this subsection shall be construed to permit
service or consumption of alcoholic beverages at any time or at any
place or in any manner other than as permitted under this subsection
and the rules and regulations promulgated hereunder.
No person shall obstruct any paved sidewalk or the space to
a width of two feet adjoining any paved sidewalk by placing thereon
or permitting to remain thereon any vehicle, building material, barrel,
box, goods, wares, merchandise or any other obstructive matter; provided,
however, that nothing herein contained shall prohibit the temporary
placing of any matter on a sidewalk or said adjoining two-foot space
during its delivery or transit across such sidewalk or space, and
provided further that nothing herein contained shall be construed
to prevent the maintenance of any building, fence, tree, shrubbery
or any permanently fixed object or matter on private property within
said two-foot space.
[Amended 6-24-1992 by Ord. No. 92-19]
A. No person shall obstruct the public streets or places of the Township
with any kind of vehicle, box, lumber, timber, wood or showcase nor
with any building material, goods, wares or merchandise or other obstruction
whatever.
B. The provisions of Subsection
A shall not be construed to prevent a person who is building from occupying 1/4 of the width of the roadway in front of the place where he is so building upon receiving a written permit for such occupancy from the Township Engineer.
C. Before the issuance of the permit referred to in Subsection
B of this section, the applicant shall:
(1) Pay a fee of $5 to the Township; and
(2) Deposit with the Township Engineer the sum of $50 to ensure that
the applicant will leave the street in a clean condition, free from
all evidence that such material was deposited there; that he will
keep the gutter open for the free passage of surface water; and that
he will prevent sand, gravel and other building materials from being
washed into any storm sewer or sanitary sewer.
D. If, at any time during which said material is deposited in any roadway,
such material obstructs street drainage or is stored in such manner
as to wash into any sewer or if, at the time of removal, the roadway
is not left free from evidence of such storage, such condition may
be remedied by the Township at the expense of the permittee, and the
cost thereof shall be deducted from the deposit. Upon the final removal
of said material, the deposit, less the expenses aforesaid, if any,
shall be returned to the permittee.
E. The permit required by this article shall be valid for a period of
three months. If it shall be necessary for material to be stored for
a period exceeding three months, a new permit shall be issued for
each three months, each permit to be accompanied by a fee of $5 and
a deposit of $50. No deposit shall be returned until the final removal
of all material as provided in this article.
F. A separate permit shall be required for the storage of material for
each separate building, including a garage.
The owner or tenant of property abutting or bordering upon a
public street or place shall trim any trees which are on his property,
but overhanging the public street or place, to a height of not less
than 10 feet from the surface of any sidewalk and not less than 14
feet from the surface of any roadway. Trees between the sidewalk and
roadway shall be so trimmed by the Township.
No lessee, owner or occupant of any property shall maintain
any hedge, shrubbery or other vegetation between the sidewalk and
the roadway or maintain any hedge, shrubbery or other vegetation in
such manner as to encroach upon any sidewalk or roadway or in such
manner as to interfere with the free and unobstructed passage of persons
upon the sidewalks or roadways.
No person shall attach any handbills, posters or advertising
matter in any way to any posts or trees or in any of the public streets
or public places of the Township except upon public bulletin boards
provided for that purpose.
No person shall attach or string any wire or cord in, upon or
over any public street or place unless he shall first have obtained
a permit for such purpose from the Township Committee. The provisions
of this section shall not apply to any person holding a franchise
from any governmental authority for the purpose of stringing wires
in the streets.
No rainwater leader or other pipe or conduit shall be constructed,
maintained or placed in such manner that the water thereof shall be
discharged upon the surface of any sidewalk.