[Adopted 7-13-2015 by Ord. No. 2015-10]
The sidewalk cafe regulations as established in this article
are designed to permit sidewalk cafes to be established on public
property, commercial zone districts, in locations where they shall
be determined to be appropriate by these regulations and all applicable
related ordinances to promote and protect the public health, safety
and general welfare. These general purposes shall include, among others,
the following specific purposes:
A.
To ensure that adequate space will be provided for pedestrian circulation
through areas where sidewalk cafes are established and to ensure adequate
access to adjoining properties and businesses.
B.
To encourage the establishment of sidewalk cafes as one means of
developing a pleasant and distinctive shopping atmosphere.
As used in this article, the following terms shall have the
meanings indicated:
A retail food establishment, or similar establishment such
as a bakery, ice cream store, bagel shop, etc., licensed by the Board
of Health which provides indoor seating for dining and restroom facilities
for use by patrons in accordance with the requirements of the New
Jersey Uniform Construction Code as codified at N.J.A.C. 5:23-1.1
et seq. and as the same may be from time to time amended and supplemented.
A seating area where food and drinks are permitted to be
consumed at the tables and/or benches placed on the public sidewalk
adjacent to and within the confines of the frontage of that portion
of the building in which the restaurant is located. A sidewalk cafe
may contain readily removable tables and four chairs, but shall be
otherwise unenclosed by fixed walls and open to the air except for
retractable awnings, umbrellas or other nonpermanent covers provided
such covers do not interfere with pedestrian circulation and do not
extend beyond the front building facade.
A.
Any person, firm or corporation may operate a sidewalk cafe (hereinafter
called a "cafe") within the Township of Andover in commercial zone
districts, in which such use is permitted on a sidewalk adjacent to
an existing restaurant operated by such person, firm or corporation
upon obtaining a license from the Division of Health. New applications
for such license are to be submitted to the Board of Health no later
than July 31 of any calendar year. Such license shall allow the operation
of a sidewalk cafe from April 1 through and including December 1 of
any calendar year and may be renewed annually during the month of
January. No license shall be issued by the Board of Health for the
operation of a cafe to a person, persons, firm, or corporation other
than the person, persons, firm, or corporation who holds the retail
food establishment license from the Board of Health for the restaurant
where the cafe shall be operated.
B.
The license issued pursuant to this article is personal to the applicant,
and any change or transfer of ownership of the applicant shall terminate
the license and shall require a new application and new license in
conformance with all of the requirements of this article.
A.
Application and fee. Each applicant for a license shall submit a written application on the form provided by the Board of Health, together with a nonrefundable fee to the Board of Health in the amount set forth at § 59-3 of the Township Code. All applications for a given calendar year and the application fees must be submitted to the Board of Health by February 15 of the applicable calendar year. No application will be accepted without the fee. In the event that an application, application fee, or other required document as described in this section is received later than February 15, a nonrefundable late fee of $100 in addition to the license fee as set forth at § 59-3 of the Township Code must be paid in order for the application to be considered.
B.
The application shall state the name and address of the applicant,
the property owner if other than the applicant, the person preparing
the development plans and the written authorization of the owner of
the property to submit the application if the applicant is not the
owner.
C.
Development plans. The following information shall be shown on all
development plans:
(1)
The applicant's entire property and the adjacent sidewalk area to
be used.
(2)
The design, number and location of all temporary structures proposed
including tables, chairs, planters, awnings and other equipment as
well as lighting and electrical outlet locations, if any. Each establishment
must provide for the placement of at least one raised planter which
complements the decor of the building's facade. Each establishment
may provide a bench in place of table and chairs arrangement.
(3)
Capacity of existing restaurant and proposed cafe.
(4)
Proposal for providing adequate pedestrian circulation as detailed herein in Subsection F(4) below.
(5)
Name, title and seal, if applicable, of person who prepared the development
plan.
(6)
Statement that a public restroom is available in the existing restaurant.
D.
Review of development plans. Prior to the issuance of a license pursuant
to this section, the development plans and application shall be reviewed
by the Board of Health and the Zoning Officer. The Board of Health
shall review the development plans for compliance with N.J.A.C. 8:24-1.1
et seq. and as the same may be from time to time amended and supplemented
together with the sanitary requirements detailed in this article and
any applicable local health ordinances. The Zoning Officer shall review
the development plan for compliance with applicable New Jersey Uniform
Construction Code requirements and requirements detailed in this article
relative to the placement of tables, chairs, planters, awnings, lighting,
and electrical outlets as well as dimensions and distances. The health
officer and construction official/Zoning Officer shall either approve
or recommend modifications of the plans within 20 days of submission
of the plans.
E.
Conditions for issuance of license. Upon approval by the Board of
Health and Zoning Officer of the application and plans submitted by
the applicant pursuant to this article, the Board of Health shall
issue a license to the applicant provided the applicant has furnished
the following to the Township:
(1)
A maintenance agreement signed by the applicant to ensure the outside
dining area is kept free from debris and garbage. The maintenance
agreement must ensure that a garbage container will be placed outside
during hours of operation, but removed prior to closing.
(2)
An agreement signed by the applicant to repair any damage caused
to the sidewalk in the operation of the cafe at the expense of the
applicant. The Township may require a bond to be filed by the applicant
in an amount to be determined by the Township to secure the repair
of any damage to the sidewalk.
(3)
An agreement signed by the applicant indemnifying and holding the
Township harmless against loss, including costs and expenses, resulting
from injury to person(s) or property as a direct or indirect result
of the operation of the cafe or for injury to person(s) or property
occurring on the premises occupied by the cafe. The applicant shall
provide a certificate of insurance as evidence of the required general
liability policy to the Township, and naming the Township as an additional
named insured, in the amount of not less than $1,000,000.
F.
Rules, regulations and specifications. A cafe authorized and operated
pursuant to this article shall comply with all of the following rules,
regulations and specifications:
(1)
The applicant and/or operator shall fully comply with all plans submitted
and approved by the Board of Health and Zoning Officer under the terms
of this article.
(2)
Within 30 minutes after the closing of the cafe, the operator shall
have all furniture, utensils, or any other materials used in the operation
of the cafe or within the area used by the cafe, and all customers
removed from the sidewalk area, provided that furniture may remain
outside if stored in a neat and orderly manner. Said closing shall
be no later than 10:00 p.m.
(3)
Music, if any, shall be kept at a reasonable level that is not unnecessarily
loud or objectionable to persons in or around the area.
(4)
The operator shall maintain an area for pedestrian movement free
of any obstruction a distance of three feet from the curb. The operator
shall provide that tables, chairs, and other materials do not interfere
with these required open areas and pedestrian traffic. Chairs next
to the pedestrian walkway shall be placed at a ninety-degree angle
so as not to obstruct the pedestrian walkway. Where there are obstructions,
such as light posts and mailboxes, which would cause the pedestrian
aisle to be less than four feet wide, the construction official/Zoning
Officer shall have the discretion to approve an alternate arrangement.
(5)
The operator shall comply with all the requirements of N.J.A.C. 8:24-1
et seq., also known as Chapter XXIV of the New Jersey Sanitary Code,
and as the same may be from time to time amended and supplemented
along with the sanitary requirements detailed in this article.
(6)
No pets or animals, except for certified service animals, may be
present in the sidewalk cafe area at any time.
(7)
The operator shall comply with all other ordinances of the Township
of Andover.
(8)
A license issued under the provisions of this article shall limit
the operation of a sidewalk cafe to that area within the confines
of the frontage of the licensed premises. At no time shall the tables,
chairs and other accessory items used in connection with the operation
of the licensed cafe extend to the frontage or any portion thereof
of any adjacent business, building or property.
(9)
Applicant shall not be barred from obtaining a license under this
article due to parking restrictions.
(10)
Applicant shall ensure there are adequate and appropriate curb
stops in place, if necessary, to serve as a shield between the sidewalk
cafe and parking area(s) in front of the sidewalk cafe.
A.
A sidewalk cafe must be located contiguous to and directly in front
of a restaurant as hereinabove defined. The term "directly in front
of shall confine the sidewalk cafe to the area represented by an extension
of each side of the adjacent building or portion of the adjacent building
occupied by the restaurant (whichever is smaller) projected directly
to the curbline immediately in front thereof. No sidewalk cafe may
be located in a rear yard or side yard. An on-site sidewalk cafe must
be located on a preexisting hard, level, man-made surface, such as
concrete, asphalt or pavers. Elevated decks, porches, verandas and
the like shall not qualify for licensing under this article and shall
require site plan approval. Restaurants located on corner lots may
locate a sidewalk cafe in either of the two front yards of the lot
(but not both) and may use the sidewalk space fronting either side
of the restaurant (but not both) for sidewalk cafe operations.
B.
Notwithstanding any other provision of this article, a sidewalk cafe
licensed hereunder may not exceed 250 square feet in total area. The
square footage of a sidewalk cafe shall be measured from the facade
of the building so that there is no gap between the building and the
cafe.
Upon a finding by the Zoning Officer that an applicant has violated
any provisions of this article, notice shall be given to the applicant
to correct said violation. Upon failure to immediately correct said
violation, the Zoning Officer may revoke the applicant's license to
operate a sidewalk cafe. Upon the revocation of such license, the
applicant shall be entitled to a hearing before the governing body
within 30 days, upon notice thereof, provided that a hearing is requested
by the applicant in writing, within five days of revocation of the
license.
The area encompassed within a sidewalk cafe authorized pursuant
to this article shall not be considered duly licensed for sale or
consumption of alcoholic beverages.
The licensee shall comply with the following Board of Health
requirements:
A.
No fruit, vegetables and other food shall be stored or displayed
for sale in the cafe authorized by this article.
B.
No food or drinks shall be prepared other than in the interior areas
of the retail food establishment approved by the Board of Health for
such use.
C.
All equipment used in the outdoor seating area, including but not
limited to chairs and tables, shall be nonabsorbent, smooth, easily
cleanable, of corrosive-resistant material, and meet the requirements
of the New Jersey Sanitary Code (N.J.A.C. 8:24-1.1 et seq.), as the
same may be from time to time amended and supplemented.
D.
No food service equipment shall be located in, stored in or permanently
mounted to any area of the outdoor dining area.
E.
Containers used in the conveyance of soiled tableware shall not be
permanently stored outdoors. Soiled tableware shall be promptly removed
to the establishment's equipment washing area after patron use.
F.
Smoking shall be prohibited in the outdoor dining area. Such areas
shall be marked by a sign approved by the Board of Health indicating
that smoking is prohibited.
G.
Each licensee is responsible for keeping the area of the outdoor
dining area and the adjacent walks and streets clean, free of litter
and food wastes, free of nuisances and sanitary at all times. Areas
must be cleaned at the beginning of each business day, at closing
time and as often as needed so as to prevent unsanitary conditions.
H.
Effective control measures shall be utilized to minimize, prevent
and eliminate the presence and entry of rodents, flies, and all other
vermin into the establishment. Outdoor dining areas and all other
parts of the establishment shall be kept in such condition so as to
prevent the breeding, harborage or feeding of all vermin.
I.
The licensee shall provide adequate receptacles for the depositing
of waste by patrons as deemed necessary by the Board of Health. Such
receptacles shall have lids and be designed so as to preclude the
entry, harborage, or breeding of vermin. Such receptacles shall be
constructed of easily cleanable nonabsorbent material and shall be
maintained in a sanitary manner at all times. The licensee shall ensure
that waste receptacles are routinely serviced so as to prevent overflow
of contents upon the ground. Waste receptacles owned and maintained
by the Township shall not be used by the licensee for depositing of
waste generated by the establishment including the outdoor cafe.
A.
The Zoning Officer shall investigate violations related to and enforce
all applicable requirements set forth in N.J.A.C. 8:24-1.1 et seq.
and as the same may be from time to time amended and supplemented
along with the sanitary requirements detailed in this article and
any applicable local health ordinances.
B.
The Zoning Officer shall investigate violations related to and enforce
all applicable requirements set forth in New Jersey Uniform Construction
Code and requirements detailed in this article relative to the placement
of tables, chairs, planters, awnings, lighting, electrical outlets
along with dimensions and distances.
