Township of Old Bridge, NJ Chapter 320 Outdoor Dining

[HISTORY: Adopted by the Township Council of the Township of Old Bridge 6-21-2018 by Ord. No. 2018-15. Amendments noted where applicable.]

§ 320-1 Purpose.

A. The purpose of this chapter is to permit daytime and early evening outdoor dining on private property and sidewalks (private and public) adjacent to local restaurants for the enjoyment of restaurant patrons without disturbing the immediate neighborhood or pedestrian/vehicular traffic. It is intended to permit the tasteful, aesthetic use of tables and chairs on adjacent property and sidewalks of local restaurants under the direction and approval of the Township Engineer and Zoning Officer, provided that all tables, chairs and/or similar food service equipment meet the requirements of the New Jersey Administrative Code at N.J.A.C. 8:24-1.1 et seq. It is the intention of the Mayor and Council of the Township of Old Bridge to monitor and review the use of these facilities after the adoption of this chapter to determine its full impact upon the Township and the enjoyment of its citizens.

B. Any establishment/property that operated a lawfully existing outdoor seating area(s) at the time of passage of this chapter shall not be subjected to the limitations contained herein with regard to placement, location, hours of operation, etc. For purposes of this provision, a lawfully existing outdoor seating area shall mean any restaurant/food establishment which, after approval from the Planning Board or Zoning Board, established an outdoor seating area in connection with that approved site plan.

C. It is additionally, the intention of this chapter to allow local restaurants the ability to establish incidental outdoor dining areas to enhance the dining experience but at no point shall an outdoor seating area exceed eight seats.

§ 320-2 Definitions.

As used in this chapter, the following terms shall have the meanings indicated:

OUTDOOR SEATING

Outdoor seating provided at a restaurant as defined in the Township Code, herein and supplemented by Township Code § 250-6 and duly licensed and approved pursuant to the New Jersey Administrative Code at N.J.A.C. 8:24-1.1 et seq. and Township Code § 203-1 et seq., as the same may be from time to time amended and supplemented. Outdoor seating shall include removable seats and tables located within a defined area of a site plan that is not otherwise devoted to a function essential to the site. Outdoor seating shall be limited to use between January 1 and December 31 (inclusive) of the same calendar year in which the permit is issued. Outdoor seating permits may be issued annually and shall expire at 12:00 a.m. on December 31 of the calendar year issued. The fee shall not be prorated.

RESTAURANT

Any establishment at which the primary activity is the preparation and serving of food and/or beverages for consumption by patrons on its premises.

§ 320-3 Permits required; hours for outdoor service.

A. Except as otherwise provided herein, it shall be unlawful to offer outdoor seating without first obtaining a zoning permit as required by this chapter and by otherwise complying with all other applicable statutes, regulations, and ordinances.

B. The hours for outdoor service shall be between 7:00 a.m. and 10:00 p.m. unless otherwise approved by variance and/or land use application. All tables, chairs and equipment shall be removed and placed securely indoors no later than 10:30 p.m.

C. A liquor-licensed establishment which seeks to sell alcoholic beverages in an outdoor seating area should apply for the outdoor seating permit first. If that permit is issued, then the New Jersey Division of Alcoholic Beverage Control (NJABC) licensee must obtain an expansion of premises approval from the NJABC to allow the service of alcoholic beverages in the outdoor area. The licensee is deemed to have an interest in this outdoor area for purposes of using and maintaining same for the outdoor seating if a permit is approved.

§ 320-4 Permitted installations.

Outdoor tables and chairs shall be permitted within the property commonly owned and adjacent to the retail food establishment and service thereto for the patrons, provided that:

A. The design of the tables and chairs is aesthetically pleasing and complementary to the surrounding architecture and provided that all tables, chairs and/or similar food service equipment meet the requirements of Township Code § 203-4.

B. The layout of tables and chairs does not in any way interfere with pedestrian or vehicular safety, or with necessary access for fire-fighting equipment and ambulances or personnel. At least five feet of open unused space adjacent to the curb shall be provided on any sidewalk area upon which seating is proposed.

C. The layout shall not cause irreparable damage to existing landscaping and site improvements.

D. Notwithstanding Township Code § 30-1 et seq. of the Old Bridge Township Code, alcoholic beverages of any kind may be served or consumed in conjunction with the outdoor dining on public sidewalks where the permittee has the appropriate NJABC license. No alcoholic beverages brought to the establishment by patrons or other persons shall be served or consumed in the outside facility on public sidewalks.

E. The highest standards of cleanliness of the outdoor area are to be maintained at all times, including frequent litter removal, within and around and beyond the subject property. A plan for litter removal, trash handling, and overall cleanliness and maintenance must be submitted together with the application.

F. No outdoor music or public address system shall be permitted.

G. No outside lighting shall be permitted except small individual table lighting that is self-powered.

H. Outdoor seating shall not be permitted if it will interfere in any way with Chapter 300, Noise, of the Township Code.

I. Low barriers of a temporary nature (not to exceed three feet in height) may be placed at the edge of the seating area during business hours so long as there is no interference with public safety or pedestrian movement patterns.

J. No outside cooking of any kind shall be permitted as a component of the outdoor seating.

K. The outdoor seating area of a retail food establishment shall be operated and maintained by the same person named in the retail food establishment license issued for the premises.

L. The outdoor seating area shall be for the exclusive use of patrons of the licensed retail food establishment. Retail food establishment owners or employees are prohibited from serving drivers or passengers of vehicles.

M. Outdoor dining areas shall not be limited in terms of table count or dimension but at no point shall exceed a maximum seating capacity of eight persons.

N. No food or drinks served at outdoor seating areas shall be prepared other than in the interior areas of the retail food establishment approved by the Health Division for such use.

O. 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 Administrative Code at N.J.A.C. 8:24-1.1 et seq., as the same may be from time to time amended and supplemented. No food service equipment shall be stored in or permanently mounted to any area of the outdoor dining area.

P. 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.

Q. Smoking shall be prohibited in the outdoor dining area. Such areas shall be marked by a sign approved by the Division of Health indicating the prohibition of smoking.

§ 320-5 Application review.

A. Each applicant for an outdoor seating permit shall submit and file an application with the Zoning Officer. The application shall set forth:

(1) The name and address of the applicant.

(2) The name and address of the owner of the subject property (if other than the applicant).

(3) The written authorization and approval of the owner of the property (if other than the applicant).

(4) A description of the proposed design and location of the outdoor seating and all temporary structures, equipment and apparatus to be used in connection with its operation, including tables, chairs and planters.

(5) A statement of the seating capacity of the proposed outdoor seating and of the existing eating establishment operated by the applicant in the adjacent building.

(6) A description of the proposed location of the outdoor seating showing the actual dimensions of the area to be utilized and pedestrian traffic related thereto.

(7) Scaled layout of tables and chairs, and low barrier if proposed, showing dimensions of tables, chairs and overall area, as related to building facade, sidewalk, existing poles, news boxes, trees or other sidewalk installations.

(8) A detailed narrative and plan of relevant information, describing method of service, proposed hours of service outdoors and method of litter control and trash handling for outdoor service.

(9) Photographs or diagrams of tables, chairs, etc., to be utilized, showing style, design, materials, size and colors.

(10) Interior location regarding where tables and chairs, etc., will be stored indoors after 10:30 p.m.

(11) Middlesex County and Old Bridge Township do not permit any outdoor seating within their respective rights-of-way.

(12) A copy of the liability insurance certificate with the coverage limits set forth below shall be submitted with the application.

B. The annual fee for an outdoor seating permit of $95 shall be submitted with the application.

C. An outdoor seating permit may only be issued to a food establishment permitted in accordance with § 203-5.

D. In reviewing an application for an outdoor seating permit, the Zoning Officer, in coordination with the Township Engineer, shall consider the following aspects of an administrative site plan, including but not by way of limitation the following:

(1) Pedestrian and traffic circulation, to insure that pedestrian access and traffic are not impacted;

(2) Number, type, and location of existing seats in conjunction with approved wastewater flows;

(3) Police and first aid/emergency squad access is available to the site;

(4) Fire safety is not impacted by the use;

(5) Parking will be maintained in the same amount; and

(6) Trash removal is provided.

E. After review of the administrative site plan, the Zoning Officer may issue an outdoor seating permit with conditions, including but not by way of limitation:

(1) Limitation on outdoor seating so as not to exceed the total number of existing approved indoor seats as provided in the retail food establishment's certificate of occupancy;

(2) Ensure proper ingress and egress to the building from the outdoor seating area;

(3) When deemed necessary, directional or other informational signs, concrete bollards or other structural means to protect the outdoor seating area;

(4) Any additional equipment required to be installed in the outdoor seating area that requires a permit per N.J.A.C. 5:23 et seq.; and

(5) Any other condition that may be deemed necessary and/or appropriate to the protection of public health, safety and welfare.

F. Plans and specifications for an addition, alteration or modification of an outdoor seating area shall be reviewed by the Township Engineer, Construction Code Official, and Division of Health for review and approval in accordance with the requirements of Township Code Chapter 203 and the New Jersey Administrative Code at N.J.A.C. 8:24-1.1 et seq., as the same may be from time to time amended and supplemented.

G. Any applicant who has been found in violation of any ordinance, statute, or regulation involving the outdoor seating area or its operation shall be barred from applying for an outdoor seating permit for the next season after the violation.

§ 320-6 Violations and Penalties.

A. It shall be unlawful to violate this chapter, the terms and conditions of any permit issued hereunder, or any provision herein.

B. Any person convicted of a violation of any of the provisions of this chapter shall be subject to a fine not to exceed $1,250 as set forth in the Code of the Township of Old Bridge, as may be amended. Each violation of a section or subsection of this chapter, and each day that a violation continues, shall constitute a separate offense.

C. The Township of Old Bridge reserves the right to revoke the permit of any permit holder who, upon the expiration of 10 days after receipt of notice from the Township of Old Bridge or its agents of a violation of the state law or any requirements set forth in this chapter, fails to cure the violation. If the permit holder seeks a new permit he must follow the provisions of this chapter and apply for a new permit.

D. The Township of Old Bridge expressly reserves the right to require the removal of all of the outdoor seating areas upon any sidewalk or public place which are improperly maintained.

E. All violations of this chapter involving NJABC licensed premises shall be forwarded to the Old Bridge ABC Board first for review.