[Adopted 5-15-2018 by Doc. 58[1]]
[1]
Editor's Note: This ordinance was passed as amended as follows: "that any added expense for safety will be paid for by the applicant."
When used in this article, unless the context otherwise requires, the following term shall have the following meaning:
PARKLETS
Shall mean private seating platforms paid for by the applicant that convert curbside parking spaces into vibrant community spaces. Also known as "street seats" or "curbside seating," parklets are the product of a partnership between the City and local businesses. Parklets should encourage pedestrian activity and neighborhood interaction, and create a benefit for local businesses. Parklets prioritize people over automobiles facilitating the City's vision of a "walkable city," and providing outdoor dining facilities without the need to permanently remove curbside parking.
Notwithstanding any other provisions of the Code of the City of Haverhill, food, dining, or other commercial establishments located on a public way within the Central Business District (CBD), as defined by this Code, or within 150 feet of the border of said CBD, that do not have a bump out constructed by the City, shall be allowed, subject to the provisions below, a permit for a seasonal parklet to be placed in front of their establishment and/or real property.
A. 
Establishments seeking the installation of a parklet to serve food and beverages, or any other commercial purpose, shall annually apply for and obtain a permit to be issued. by the License Commission. No other permit or license from any other board, department or officer of the City shall be required; however, any permit application shall be sent to the Board of Health, Building Inspector, Superintendent of Highways, Engineering Department, Planning Department, Police Department and Mayor for review and response to the License Commission in no less than 20 days from the date sent. Constructive approval shall be inferred by the Commission if no response is received within 20 days of said request for review and response. No permit holder shall obtain any property right in the continued private commercial use of the public parking space on a public street.
B. 
The permit application shall include a diagram of the proposed parklet, clearly showing which parking space(s) shall be utilized, as well as the rough configuration of the parklet for seating, tables, and other activities, and a clear and detailed description of all materials to be used. Features of the parklet should be noted, to include all dimensions. Applicants shall also provide a certificate of insurance and a sidewalk bond in an amount to be established by the City Solicitor, both of which shall name the City as an additional insured. Other information shall be provided as required by the License Commission to carry out the purpose of this article. A nonrefundable application fee of $100 for a permit shall be paid at the time of filing for either a new or renewal permit. An additional license fee of $250 shall be paid upon a permit being granted from the License Commission.
C. 
The purpose of this article is to promote and encourage outdoor dining and the prioritization of pedestrian vibrancy in the downtown area of the City and shall be interpreted in accordance with that intent. The License Commission may deny a permit upon a finding that it would be detrimental to the public interest to have outdoor dining at the location applied for, or due to insufficient demonstration of compliance with any provision of this article. In making such a determination, the License Commission may consider the following factors:
(1) 
Objections and/or concerns received from the Board of Health, Building Inspector, Director of Planning, Superintendent of Highways or Police Department.
(2) 
Previous licensing, health or public safety complaints against the applicant.
(3) 
The health and cleanliness of the establishment.
(4) 
Excessive noise complaints or concerns, allowing for reasonable activity for the purpose of encouraging outdoor dining downtown.
(5) 
Violations of any other state or municipal laws, rules, or regulations.
(6) 
Aesthetic appearance of the parklet.
(7) 
Any other safety and/or health concerns.
D. 
The License Commission shall have the authority to deny, revoke or suspend the permit upon finding that any provision of this article, including the factors enumerated in Subsection D above, or condition of approval will be or has been violated. The License Commission shall give notice of any such action to the permit holder, in writing, stating the action taken and the reason therefor. The action may be effective immediately, but the applicant or permit holder may make a written request for a final hearing before the License Commission, which shall render a final decision concerning the permit. The Director of Public Works, after notice to the permit holder and the License Commission, may suspend the permit temporarily if the public interest requires use of the right-of-way for a public event, construction, repair, or any other purpose.
E. 
The License Commission shall be able to issue additional rules and regulations in furtherance of the purposes of these provisions; however, the License Commission shall not issue rules and regulations which in any way contradict the intent or purposes of these provisions.
No trash, garbage or refuse disposal shall be permitted to be maintained on the parklet at any time. The parklet and all items placed thereon shall at all times be maintained in a clean and orderly condition. The applicant shall be responsible to maintain the parklet as to safety and cleanliness throughout the outdoor dining season.
Parklets may be allowed to be placed or erected from April 1 through October 15 of a calendar year. Parklets can be used for food service or other allowable commercial purposes only during hours of operation provided for by current state law, municipal ordinances and/or licensing provisions. The License Commission may further restrict the hours of operation of any permitted parklet.
No permitted parklet structure may interfere with the general walkability of the sidewalk. Adequate room for passage by pedestrians on the sidewalk shall be provided at all times.
Applicants, pursuant to this section, must notify adjacent property owners and other retail businesses within 100 feet of the proposed parklet of the application for a parklet permit at the time of application. If the applicant is a tenant, written approval of the property owner is required.
Once the parklet is constructed by the applicant, the installation and removal of parklets must be supervised by the Department of Public Works. Any damage caused to the street, curbing or adjacent sidewalk shall become the responsibility of the parklet permit holder. The City may provide a storage location for the parklet during fall/winter months, and, depending on the parklet construction method utilized, the Public Works Department may also assist in the disassembling and transport of the parklet for storage during nonuse periods.
Parklets shall not be allowed in front of fire department connections and fire hydrants, or over manhole covers, public utilities, or catch basins. Curb and roadside drainage shall not be impeded by the parklet. Additionally, parklets shall not inhibit the access to valves, manholes, or surface features that require access for inspections, operations, or service.
A. 
No parklet shall have advertising signs or business/building identification signs located on it.
B. 
Parklets should have vertical elements that make them visible to traffic, such as flexible posts, bollards, or contiguous barriers.
C. 
Parklets have a width of six feet (or the width of the parking lane). Parklets entail the conversion of up to two parking spaces but may vary according to the site, context, and desired character of the installation. Where a parklet stretches the length of an entire curb, accessibility and sight lines must be taken into account. The design of a parklet should not inhibit the adequate drainage of stormwater runoff. Small channels between the base and the platform shall facilitate drainage.
D. 
Parklets should have a flush transition at the sidewalk and curb to permit easy access, including by disabled patrons, and avoid tripping hazards.
E. 
Seating shall be incorporated into the parklet. Seating may be integrated into the design itself or made possible with movable tables and chairs.
F. 
Parklets shall include a solid barrier or open guardrail to define the space. The short ends of the parklet perpendicular to the street should be solid and made of concrete, stone, or metal with minimum dimensions of 72 inches by 36 inches by 42 inches, with a maximum height of 42 inches in order to maintain the safety and security of pedestrians. This dimension is achievable by incorporation of a six-foot rectangular concrete planters into the design short ends of the parklet. Specifications for acceptable planters shall be available from the License Commission, which shall also provide applicants with reference diagrams and potential designs.
G. 
Designs for the substructure of a parklet may vary and depend on the slope of the street and overall design for the structure. The substructure must accommodate the crown of the road and provide a level surface for the parklet.
H. 
Parklets shall not be placed on comers and must be placed at least one parking space away from an intersection comer, alleyway or driveway entrance. Where installation of a parklet is under consideration for a site near an intersection, alleyway or driveway entrance, volumes of turning traffic, sight lines, visibility, and day lighting should be taken into account.
I. 
The City reserves the right to require, for safety or aesthetic purposes, additional barriers to protect the occupants of the parklet. The City also reserves the right to put up, at its expense, planters or other aesthetically pleasing concrete barriers surrounding or within the parklet for safety. Such barriers shall be located within the size limitations allowed for the parklet and the total size, with the barriers included, shall not exceed the allowed size of the parklet.
A. 
Nonconforming parklets. Any parklet found not to be in compliance with this article or the issued permit from the License Commission shall be subject to the enforcement provisions contained herein.
B. 
Abandonment. A parklet shall otherwise be deemed abandoned if it is not removed by October 25 of any calendar year or within 10 consecutive days after the parklet permit holder is notified by the License Commission to do so. In the event that a parklet permit holder voluntarily abandons a parklet location, the parklet permit holder shall so notify the License Commission and Department of Public Works, completely remove the parklet and restore the public way to a safe condition.
C. 
Enforcement.
(1) 
Enforcement of the provisions of this section shall be carried out by the Department of Public Works. Upon a determination that a parklet has been abandoned pursuant to Subsection B above, the Public Works Director shall notify the parklet permit holder, in writing, by first-class mail, that at the expiration of seven days from the date of the violation notice, that the parklet will be removed by the Department of Public Works at the expense of the parklet permit holder, unless the parklet is removed prior to that time. Upon removal of a parklet, the Public Works Director shall send, by first-class mail, written notice of such removal to the parklet permit holder.
(2) 
Notwithstanding the provisions of the foregoing paragraphs of this subsection, the Public Works Director may order the immediate removal of any parklet(s) that the Public Works Director determines presents an imminent threat or peril to public or safety, provided that the parklet permit holder shall be notified of such removal as soon as practicable thereafter, and further provided that any parklet so removed shall be stored a period of 30 days in order to allow the parklet permit holder to retrieve the parklet.
(3) 
A parklet removed pursuant to this section may be retrieved by the parklet permit holder at any time within 30 days of its removal upon payment of a removal fee of $250, plus a storage fee of $5 per day, to a maximum combined removal and storage fee of $100.
(4) 
After 30 days, any parklets removed by the Department of Public Works pursuant to this article shall be deemed "abandoned property'' and become the property of the City of Haverhill.
(5) 
Failure of a parklet permit holder to retrieve a parklet within the specified thirty-day period shall not operate to dismiss any fees owed to the City for removal and storage of such parklet. Unpaid fees accrued pursuant to this section shall be considered a debt payable to the City.
The provisions of this article shall be severable, and if any section, part, or portion hereof shall be held invalid for any purpose by any court of competent jurisdiction, the decision of such court shall not affect or impair any of the remaining provisions.