[G.O. No. 1631, § I; G.O. No. 1702, §§ I
— IV; G.O. No. 1837, § I; amended 3-28-2023 by G.O. No. 2023-10]
As used in this article, the following terms shall have the
meaning indicated:
Any tree, trash receptacle, street curb, parking meter, newspaper
box, street sign or basement entry hatch lying within the area of
the sidewalk cafe.
A delineated, on street space that is parallel to curbing,
intended for on-street parking, and typically measuring 23 feet in
length.
An area or areas located in the lane or cartway of a public
street, whether delineated as perpendicular or angled parking, no-parking
or loading area, or other, similar area, measuring 23 feet in length
parallel to the curb.
A specifically delineated curbside space in the public right-of-way
limited to on-street parking spaces and lanes and cartways converted
for seasonal occupation of outdoor dining facilities, which may include
seating, tables, umbrellas, planters, safety barriers, lighting, space
heaters and signs as permitted by the Town of Westfield to be operated
and occupied for the sole use of the adjacent restaurant, retail food
establishment, or other such business as contemplated in this article
having received a permit from the Town for such use.
Parklets shall be permitted only on the following streets
in the CBD: 1) Elm Street from North Avenue to Orchard Street; 2)
Quimby Street; 3) Prospect Street from North Avenue to East Broad
Street; and 4) East Broad Street from North Avenue to Central Avenue.
The CBD Zone and GB-1 Zone as defined in the Westfield "Land
Use Ordinance" and as shown on the zoning map of the Town of Westfield.
Any individual, partnership, corporation, limited liability
company, association, or other entity.
The building whose principal facade fronts on the sidewalk
where the sidewalk cafe is, or is proposed to be located. The "principal
facade" shall be the face of the principal building facing the street
right-of-way.
An establishment actually located within the principal building,
the primary activity of which is the preparation of food for consumption
by the public on its premises.
All dishes, utensils, containers, tablecloths, napkins, cutlery
and other items used in the operation or decoration of the sidewalk
cafe.
The paved surface provided for the exclusive use of pedestrians
and situated between and extending from any building line to the curb
of any street (excluding therefrom any unpaved area).
A restaurant as defined herein which also is characterized
by the following:
The consumption of food by the public at tables located within
that more or less rectangular portion of the sidewalk which lies within
the area bounded by the public street, the principal facade, and the
imaginary perpendicular lines running from the outer edge of such
principal facade to the public street; and
Containing readily removable tables, chairs, temporary railings
and/or planters; and
Unenclosed by fixed walls or ceilings, fences, except for retractable
awnings, removable barriers, umbrellas or other nonpermanent enclosures.
The term "sidewalk cafe" shall also mean an operation ancillary to a principal building in accordance with § 24-56.
[G.O. No. 1631, § I; G.O. No. 1702, § V;
amended 3-28-2023 by G.O. No. 2023-10]
No person shall operate a sidewalk cafe within the Town of Westfield
without first obtaining a sidewalk cafe license and satisfying all
the requirements of this article. The license shall be initially issued
by the Town Clerk and may contain conditions. All renewals of a sidewalk
cafe license issued shall also be issued by the Town Clerk.
[G.O. No. 1631, § I; G.O. No. 1702, §§ VI,
VII; G.O. No. 1814, § I; amended 3-28-2023 by G.O. No. 2023-10]
(a)
Each applicant for a sidewalk cafe or parklet license shall submit
and file an application with the Town Clerk, together with copies
of a development plan (as defined below), and the appropriate fee.
The application shall set forth:
(1)
The name and address of the applicant;
(2)
The name and address of the owner of the principal building
(if other than the applicant); and
(3)
The name and address of the person who has prepared the development
plan; and shall be accompanied by the written authorization and approval
of the owner of the principal building (if other than the applicant).
(4)
Written consent of the adjacent establishment for any sidewalk
cafe or parklet that extends beyond the applicant's street frontage
and in front of the adjacent establishment.
(b)
The term "development plan" shall mean a written plan setting forth
the following information and such other additional information, if
any, as may be subsequently requested by the Town.
(1)
A description of the principal building and a description of
all properties immediately adjacent to such building; and
(2)
A description of the proposed design and location of the sidewalk
cafe or parklet, its dimensions and all temporary structures, equipment,
and apparatus to be used in connection with its operation, including
tables, temporary fences and barriers, planters, serving carts, chairs,
awning, umbrellas (including any name to be displayed thereon), lighting
and electrical outlets (if any); and
(3)
A statement of the seating capacity of the proposed sidewalk
cafe or parklet and of the existing restaurant actually operated by
the applicant in the principal building; and
(4)
A diagram demonstrating that pedestrian traffic along the sidewalk on which the sidewalk cafe or parklet is proposed to be located will in no way be impeded; and that the provisions of this §§ 24-50 and 24-55 be satisfied. Such diagram shall also include a drawing of the sidewalk cafe or parklet itself with all appurtenances and shall show all obstructions located within the area of the sidewalk cafe or parklet. The diagram shall be drawn to scale and shall include all dimensions of any and all items located or proposed to be located within the area of the sidewalk cafe or parklet. The development plan shall be referred to the chief of the Fire Department, or other appropriate official designated by the Town administration from time to time to review such plans, who shall thereupon recommend approval, disapproval or modification of the plan within 10 business days following its submission. The Fire Chief may also refer the development plan to Chief of Police, zoning officer, Construction Official, health officer and the Town Engineer, and the municipal planner for their review and recommendation; and
(5)
If any service items shall be made of disposable or non-reusable
materials, the proposed means for disposal of such service items,
together with a drawing of the design of the proposed trash receptacles
to be utilized.
(6)
Specifications for any proposed heaters shall be provided for
review. No heating or cooling elements shall be installed prior to
the Town's approval for such installations. Space heaters and
cooling equipment shall be properly positioned, maintained and anchored.
[G.O. No. 1631, § I; amended 3-28-2023 by G.O. No. 2023-10]
All sidewalk cafe and parklet licenses shall be issued for the
period commencing March 1 and ending October 31 of a particular year.
Licenses may be renewed annually by filing of an application in accordance
with the provisions of this article.
[G.O. No. 1631, § I; amended 3-28-2023 by G.O. No. 2023-10]
(a)
Qualifying restaurants and retail food establishments located in
the Permitted Parklet Zone shall be permitted a maximum of one parklet
facility not to exceed two contiguous parking stalls or parking space
equivalent. This shall not be interpreted to indicate that any parklet
permit application is guaranteed approval. The Town reserves the right
to limit the number and size of parklets per block based on the location,
potential interference with pedestrian or vehicular traffic, appropriateness
of design, business record of the applicant as well as safety, health,
and welfare considerations.
(b)
Restaurants and retail food establishments may be permitted to obtain
a permit to operate both a sidewalk cafe and a parklet, if it is determined
in the sole discretion of the Town Clerk that the area adjacent to
the use cannot safely or functionally accommodate either a sidewalk
cafe or a parklet as regulated by this article.
(c)
The Town reserves the right to order the temporary suspension of
outdoor dining and the removal of all fixtures associated with any
parklet at the permit holder's expense, from the public sidewalk
or roadway because of road or utility construction or repairs, severe
weather, public emergency, or any other similar public purpose that
may arise.
(d)
Soft white or amber string lighting, lamps and other fixed lighting
fixtures are permitted in, around, or over parklets to the extent
that they do not generate excessive or unsafe glare to surrounding
uses, vehicles, or pedestrian traffic. Bright white or blue LED lighting
is prohibited. Parklet lighting control shall be at the discretion
of the Town and may require adjustment at any time to protect public
safety and the general welfare. Flashing, neon and colored lights
are prohibited. Parklet lighting is permitted 1/2-hour prior to the
parklet opening and 1/2-hour after parklet close.
(e)
Parklets must be installed in the parking space, parking lane or
other approved location within the Town right-of-way located directly
in front of the establishment with the parklet permit. Parklets may
occupy areas of the street other than striped parking stalls upon
approval of the Town Clerk. Parklets may not extend further than the
frontage of the establishment with the approved parklet permit, unless
written consent is provided by the adjacent establishment in front
of which the parklet will extend.
(f)
In no case shall a parklet occupy more than two parking stalls and
may be limited to one parking stall.
(g)
Unless expressly authorized by the Town Clerk, parklets are prohibited
in public alleyways, parking lots and any established prohibited parking
zones.
(h)
Parklets shall be contained within the area of the approved space
and shall not extend into the adjacent travel lane, parking stall
or sidewalk. Parklets shall not be wider than the parking lane. If
no parking lane is striped in the vicinity of an approved parklet,
applicants shall consult with the Town Engineer to obtain the official
parking lane width.
(i)
Access to utilities shall be maintained in accordance with the following:
(1)
Parklets shall have at least five feet of unobstructed clearance
to utilities, loading zones or handicapped parking spaces.
(2)
Parklets shall be located a minimum of 15 feet from any fire
hydrant.
(3)
Parklets shall be located a minimum of 20 feet from any marked
crosswalk or 30 feet from the block corner at intersections without
a marked crosswalk.
(j)
Only the sidewalk-facing side of a parklet shall be open to pedestrians.
All sides facing a street shall be enclosed with an acceptable barrier
or decorative element as approved by the Town Clerk. Parklet openings
shall be placed so as to avoid tree wells, poles, parking meters,
signs, and other obstacles that may pose hazards to pedestrians.
(k)
Although parklet decking is not required, any parklet decking must
be flush with the curb and may not have more than a 1/2-inch gap from
the adjacent curb and shall be designed to allow for the flow of stormwater.
[G.O. No. 1631, § I; amended 3-28-2023 by G.O. No. 2023-10]
No sidewalk cafe or parklet license shall be issued unless the
licensee shall have first filed with the Town Clerk a copy of an insurance
policy or certificate of insurance, issued by a company duly authorized
to transact business under the laws of this state, providing for the
payment of not less than $1,000,000 to satisfy all claims for damage
by reason of bodily injuries to, or the death of, any person as a
direct or indirect result of the operation of the sidewalk café
or parklet, or for injury to any person occurring on the premises
occupied by such café or parklet, and further providing for
the payment of not less than $10,000 to satisfy all claims for property
damage occurring as a direct or indirect result of the operation of
such cafe or parklet and naming the Town of Westfield as an additional
insured.
[G.O. No. 1631, § I; G.O. No. 1874, § II;
amended 3-28-2023 by G.O. No. 2023-10]
No sidewalk cafe or parklet license shall be issued unless the
licensee shall have first executed and filed with the Town Clerk an
indemnification agreement pursuant to which the licensee, in further
consideration of the issuance of the license, shall agree to forever
defend, protect, indemnify and save harmless the Town of Westfield,
its officers, agents and employees, from, and against, any and all
claims, causes of action, injuries, losses, damages, expenses, fees
and costs arising out of, or which may arise out of, the licensee's
operation of such sidewalk café or parklet.
[G.O. No. 1631, § I; G.O. No. 1727; amended 11-1-2016
by G.O. No. 2071; 2-28-2023 by G.O. No. 2023-06; 3-28-2023 by G.O. No. 2023-10]
No sidewalk café or parklet license shall be issued unless
the licensee shall have first executed and filed with the Town Clerk
a maintenance agreement pursuant to which the licensee, in further
consideration of the issuance of a license, shall agree, at the option
of the Town, to either repair at its sole cost and expense, any damage
caused to the sidewalk or any part of the Town right-of-way by the
operation of the café or parklet, or to reimburse the Town
in full for all costs and expenses incurred by it in making any such
repairs. The Town Clerk may require a bond to be filed by the licensee
in an amount to be fixed by the Town.
[G.O. No. 1631, § I; G.O. No. 1702, §§ VIII
— X; amended 3-28-2023 by G.O. No. 2023-10]
The fees for a sidewalk cafe license shall be as follows:
|
Type
|
Fee
|
|---|---|
|
Sidewalk cafe
| |
|
1 to 10 seats, no more than 2 tables
|
$100
|
|
11 to 25 seats
|
$250
|
|
26 to 50 seats
|
$350
|
|
Over 50 seats
|
$425
|
|
Parklet
|
$2,500 per parking space/parking space equivalent
|
[G.O. No. 1631, § I; G.O. No. 1874, § I;
amended 3-28-2023 by G.O. No. 2023-10]
A sidewalk cafe or parklet authorized and operating pursuant
to this article shall comply with all of the following regulations
and specifications and such others as may be adopted from time to
time by resolution of the Town Council of the Town of Westfield:
(a)
The cafe and parklet shall be operated and maintained in accordance
with the development plan as finally approved.
(b)
No furniture, apparatus, decoration or appurtenance used in connection
with the operation of the sidewalk cafe or parklet shall be placed
within 50 feet of any fire hydrant, plug or standpipe without the
specific written authorization of the chief of the Fire Department.
(c)
No furniture, apparatus, decoration, or appurtenance used in connection
with the operation of the sidewalk cafe or parklet shall be located
in such a way as to impede the safe and speedy ingress and egress
to or from any building or structure. At least six feet of unobstructed
walkway shall be provided for access from any door or opening on the
business facade to the street.
(d)
No furniture, apparatus, decoration or appurtenance used in connection
with the operation of the sidewalk cafe or parklet shall be located
in such a way that less than six feet of paved sidewalk unobstructed
by any obstructions remains for the exclusive use of pedestrians (the
"required pedestrian passageway"), nor shall any such furniture, apparatus,
decoration or appurtenance project or protrude into, on or above,
the required pedestrian passageway. All sidewalk cafes shall have
portable barriers or planters not less than three feet nor more than
four feet in height which shall be placed around the sidewalk cafe
area on the sidewalk to define the cafe area and the unobstructed
pedestrian passageway area.
(e)
Service items shall be made of non-disposable and reusable materials;
provided, however, that upon a showing of need by the applicant and
of adequate provision of outdoor waste receptacles for the disposal
of disposable and nonreusable materials, a sidewalk cafe or parklet
license may provide for the use of disposable and nonreusable service
items. The furniture to be used in the operation of the sidewalk cafe
or parklet shall be made of durable material, such as sturdy vinyl/plastic,
wrought iron or wood. Tables shall have a diameter not larger than
24 inches.
(f)
The sidewalk area utilized by the cafe or parklet area shall be kept
clean and free of litter. Sidewalks shall be washed daily, and trash
receptacles shall be provided as required and approved from time to
time by the Town.
(g)
Noise shall be kept at such a level as to comply in all respects
with the provisions of the Union County Noise Control Ordinance.
(h)
Sidewalk cafes and parklets shall be permitted to operate only within
the permitted zone and only from 10:00 a.m. until 10:00 p.m. from
March 1 through October 31 of a particular year.
(i)
Within 30 minutes after the closing of a sidewalk cafe, the operator
shall have all furniture, apparatus, decorations, barriers, planters
and appurtenances and any other items used in connection with the
operation of such cafe removed from the sidewalk. All such materials
shall be stored in a safe and secure interior location.
(j)
The operator shall comply with all the requirements of N.J.S.A.C.
8:24-1 et seq. (also known as Chapter XII of the New Jersey State
Sanitary Code) and N.J.S.A. 24:15-1 et seq.
(k)
The sidewalk cafe or parklet shall be actually operated and maintained
by the same person who operates and maintains the related restaurant
of which the cafe or parklet is a part and an extension.
(l)
The operator shall comply with all other ordinances of the Town of
Westfield.
(m)
Notwithstanding anything to the contrary in this article or any other
laws and ordinances of the Town but subject to the review and approval
of the Town Clerk, a person may be permitted to display the name of
the establishment operating a sidewalk cafe or parklet on umbrellas
to be used at the sidewalk cafe or parklet.
[G.O. No. 1631, § I; G.O. No. 1702, § XIII;
G.O. No. 1814, § II; amended 3-28-2023 by G.O. No. 2023-10]
Notwithstanding anything to the contrary contained in this article
or any other laws and ordinances of the Town of Westfield, the Town
Clerk may issue licenses to operate sidewalk cafes or parklets which
may otherwise vary from certain of the other requirements of this
article. The issuance of such licenses shall be on terms and conditions
as the Town Clerk may deem fit and may include, but shall not be limited
to, the following situations: a) the issuance of licenses to establishments
that are not situated in the permitted zone; b) the issuance of licenses
to establishments which may not be deemed to be restaurants under
this article; c) the inclusion of certain private property as part
of a particular sidewalk café or parklet; and d) the establishment
of hours of operation which may differ from the requirements otherwise
set forth in this article. All renewals of such licenses shall also
be issued by the Town Clerk.
[G.O. No. 1631, § I; amended 3-28-2023 by G.O. No. 2023-10]
Notwithstanding anything to the contrary contained in this article
or any other laws and ordinances of the Town of Westfield, the Town
may temporarily suspend a sidewalk cafe or parklet license in the
event of emergency or for other reasons or purposes including, but
not limited to, the facilitation of Town-sponsored events.
[Added 3-28-2023 by G.O. No. 2023-10[1]]
(a)
The
sidewalk café or parklet area of an establishment that holds
a Class C plenary retail consumption license (license holder), a restricted
brewery license, a theater license, or a state annual permit (concessionaire
permit) upon which a sidewalk café or parklet permit has been
authorized to operate pursuant to this article may constitute premises
for the sale and consumption of alcoholic beverages, provided that
the license holder or permit holder otherwise complies with the applicable
requirements of state law.
(b)
An establishment
that does not hold a Class C plenary retail consumption license may
permit patrons, as provided by N.J.S.A. 2C:33-27, to consume wine
and beer on the sidewalk area upon which the sidewalk café
or parklet has been authorized to operate. All restrictions placed
on establishments pursuant to N.J.S.A. 2C:33-27 will be strictly enforced.
[Added 3-28-2023 by G.O. No. 2023-10]
(a)
The
chief of the Fire Department of the Town of Westfield (or his designee)
shall be charged with the responsibility for enforcing the provisions
of this article. Upon a determination by the Fire Chief (or his designee)
that a licensee has violated one or more of such provisions, the Fire
Chief shall give written notice to the licensee to correct such violation
within 24 hours of the receipt of such notice by the licensee. In
the event that the licensee fails or refuses to correct such violation
within such period, the licensee's sidewalk cafe or parklet license
shall thereupon, and automatically, be revoked.
(b)
Upon
the revocation of such license, the licensee, upon written request,
shall be entitled to a hearing before the Town Council of the Town
of Westfield within 14 days of the date of its request.
[Added 3-28-2023 by G.O. No. 2023-10]
Any person convicted of a violation of this article shall be
subject to a fine not to exceed $500 or 90 days imprisonment, or both.
Each violation of a section or subsection of this article, and each
day that a violation continues shall constitute a separate offense.
