[HISTORY: Adopted by the Township Council of the Township
of Willingboro 5-17-2016 by Ord.
No. 2016-7. Amendments noted where applicable.
GENERAL REFERENCES
Planning and Zoning Boards — See Ch. 60.
Fences — See Ch. 155.
Food establishments — See Ch. 179.
Land subdivision and site plan review — See Ch. 205.
Noise — See Ch. 231.
Parking — See Ch. 248.
Property maintenance — See Ch. 272.
Signs — See Ch. 297.
Streets and sidewalks — See Ch. 328.
Zoning — See Ch. 370.
The purpose of this chapter is to permit certain outdoor eating
facilities adjacent to existing restaurants and businesses selling
prepared food in order to encourage the viability of restaurants and
food-service establishments and to enhance the vitality of the Township
of Willingboro.
A.
The provisions of this chapter apply only to outdoor eating facilities on public property and/or within the public right-of-way. Outdoor eating facilities proposed for private property must be approved under the site plan and other applicable zoning regulations pursuant to Chapter 370 of the Code of the Township of Willingboro.
B.
Outdoor eating facilities regulated by this chapter shall only be
operated by, and adjacent to, existing, approved, indoor restaurants
and/or retail stores which sell food or drink that is ready to consume.
All outdoor eating facilities permitted by this chapter must
comply with the following:
A.
A safe, continuous, and level path on the public right-of-way (sidewalk)
shall be maintained for pedestrian traffic to pass in front of the
property operating the outdoor eating facility. Such path must be
not less than four feet in width between the most forward edge of
any furniture or other items and any existing and proposed features,
such as trees, tree wells, planters, benches, trash cans, signs, hydrants,
utility poles, curb lines, and similar publicly installed fixtures
or other items in the right-of-way.
B.
No outside furniture or other items may be located within three feet
of the curb line.
C.
All outside furniture or other items shall be removed from the public
right-of-way (sidewalk) at the end of business each day and stored
inside the business.
D.
Logos, words, signs or symbols may not be visible on any furniture
or other outdoor items.
E.
All trash and litter must be contained, cleaned up and/or removed
for appropriate storage so that there is no blowing paper or other
trash on or coming from the site.
F.
Disposable items including, but not limited to, dishes, cutlery,
cups, table covers, and napkins:
(1)
Shall not be used as part of any outdoor eating facilities where
employees of the business serve patrons.
(2)
May be used by patrons using outdoor furniture where food and drinks
are obtained inside the business premises and there is a satisfactory
plan to insure that these disposable items do not become litter. Businesses
meeting this requirement must include appropriately located trash
receptacles in their plan along with regular monitoring and cleanup
by employees of the business.
G.
Pedestrian traffic shall not be impaired due to the operations of
serving food and drinks or during set up or removal of the outdoor
furniture and items.
H.
There must be a satisfactory operating plan that covers the following:
It shall be unlawful to place furniture and other items on the
outside of any property to be used in connection with a proposed,
or existing outdoor eating facility in the Township of Willingboro
without first making application for and obtaining an outdoor eating
facility permit.
A.
All businesses desiring to operate an outdoor eating facility shall
obtain permission therefor annually on a calendar-year basis from
the Township of Willingboro by submitting a written application to
the Zoning Officer. All applications for outdoor eating facility permits
shall be submitted on such forms and in such forms and in such quantity
and with such attachments as may be required by the Township of Willingboro.
The application will contain a hold-harmless provision, as determined
by the Township Solicitor that the applicant must agree to as part
of the application.
B.
The fee for an initial outdoor eating facility permit application
shall be $50. The fee for a renewal application for substantially
the same arrangement shall be $25 each year thereafter. For an application
to be considered a renewal application, it must include substantially
the same information as was on the initial application.
C.
Once an application for an outdoor eating facility permit is submitted,
the Zoning Officer shall review it within 10 days in order to determine
whether it is complete. A complete application for an outdoor eating
facility permit shall consist of the following terms:
(1)
A scale drawing of:
(a)
The entire right-of-way from the building facade to the curbline
in front of the building (or other proposed outdoor location) where
approval for an outdoor eating facility is desired.
(b)
The location of all existing and proposed features such as trees,
tree wells, planters, sidewalk materials and conditions, sidewalk
width, benches, trash cans, signs, hydrants, utility poles and similar
publicly installed fixtures.
(c)
The location, size, layout, etc., of proposed tables, chairs,
umbrellas, storage items, etc.
(2)
Drawings, photographs, or catalog cuts of the proposed tables, chairs,
umbrellas, storage items, including colors, fabrics, materials, etc.
(3)
Details of the operational plan for serving of food and drinks, for
cleaning any accumulation trash, garbage and/or litter; for ensuring
that pedestrian traffic will not be impaired; and for removing all
tables, chairs, storage items, and other items which must be removed
when the operations cease each day.
(4)
A certificate of insurance or written commitment from the applicant's
insurer that a certificate of insurance will be issued upon approval
of the permit, providing for a minimum $1,000,000 of general liability
coverage applicable to the outdoor eating facility and including written
provision including the Township of Willingboro as an additional named
insured to cover any claims related to the outdoor eating facility,
in order to safeguard and protect the public.
(5)
Signature of the applicant or the owner of the proposed outdoor eating
facility (who is presumed to be the applicant).
(6)
Signature if the owner, or designated representative, of the tax
lot for which the application is made.
Once the Zoning Officer has deemed the application complete,
such Officer shall review the application to determine if it conforms
to the appropriate sections of this chapter. The Zoning Officer shall
then issue a written decision indicating whether the proposed outdoor
eating facility is in conformance and what aspects, if any, of the
proposed facility are not in conformance.
A.
Any applicant whose application for an outdoor eating facility permit
has been deemed incomplete by the Zoning Officer; or has been deemed
to be nonconforming by the Zoning Officer, may appeal such decision,
in writing to the Willingboro Township Zoning Board.
B.
All such appeals shall be made within 30 days of the date of the
written decision upon which the appeal is based, and shall be on such
forms as may be required by the Planning Board.
C.
The Planning Board may, in its review of a written appeal, consider
the Zoning Officer's written denial; and any other information
deemed to be relevant to the Board's review.
D.
The decision of the Planning Board shall be transmitted, in writing,
to the applicant.
A.
All outdoor eating facilities shall be maintained and operated by
the permit holder according to the approved permit. This maintenance
shall include keeping the furniture and other items clean and in good
repair, as necessary.
B.
If the Zoning Officer determines that any outdoor eating facility
is in a state of disrepair, unclean or not in compliance with the
operating plan, layout and approved items per the permit, the Zoning
Officer shall give written notice to the permit holder of the unsatisfactory
condition of the facility and/or the violation of the terms of the
permit.
C.
The permit holder shall thereafter have five days to correct the
unsatisfactory condition or permit violation. If the unsatisfactory
condition or violation is not so corrected within the five-day period,
the Zoning Officer may thereafter suspend the permit, and the outdoor
eating facility must cease operation. No furniture or other items
may be placed in the right-of-way until the Zoning Officer agrees
that the violation is corrected.
D.
The Zoning Officer shall also report the violation to the Township
Council who may, at its discretion, revoke the permit, continue the
suspension or lift the suspension, pursuant to the provisions of this
chapter.
E.
The Zoning Officer may, in addition to suspending the permit or,
as an alternative, file a Municipal Court complaint against the permit
holder.
F.
The Zoning Officer may file a complaint in Municipal Court against
any individual or entity that places furniture or other items in the
right-of-way for the purpose of operating an outdoor eating facility
as provided for in this chapter, without obtaining a permit pursuant
to this chapter.
Any person who violates any part of this chapter, or does any act or thing prohibited, or refuses to do any act required to be done, or refuses or fails to comply with an order of the Zoning Officer, or an order of the Board with jurisdiction in this chapter, shall, upon conviction thereof before any judicial officer authorized to hear and determine the matter, be subject to the penalties provided in § 1-15 of the Code of the Township of Willingboro. Whenever such person shall have been officially notified by the Zoning Officer or by service of a summons in a prosecution, or in any other official manner, that such person is committing a violation, each day's continuance of such violation after such notification shall constitute separate offense punishable by a like fine or penalty.
