[HISTORY: Adopted by the Town of Derry as
indicated in article histories. Amendments noted where applicable.]
[Adopted 12-14-1993]
A.
From and after the effective date of this article,
it shall be unlawful for any person, organization, or corporation
to put or place, or caused to be placed, any snow or ice upon the
surface of the traveled portion of any Class IV or Class V highway
or any municipal sidewalk in the Town of Derry. The provisions of
this section shall not apply where snow or ice is pushed across the
traveled surface of said highway or sidewalks, when and only if no
snow or ice so pushed remains on said highways or sidewalks.
B.
In the normal course of snow removal from one's property,
incidental spillage from the edge of plows shall not constitute a
violation of this article. For purposes of this article, the traveled
portion or traveled surface is defined as the street edge of snowbanks
(snow windrows) for roadways or the snowbank's interior edges for
sidewalks.
The owner or occupant of the property from which
the snow was plowed or removed who fails to comply with the provisions
of this article shall be guilty of a violation and subject to a fine
not exceeding $250.
[Adopted 7-2-2020]
The Town of Derry recognizes the importance of outdoor dining
to the success and vibrancy of its eating and drinking establishments.
The purpose of this article shall be interpreted in accordance with
that intent.
The use of sidewalks or other public space for the purpose of
outdoor dining service is prohibited without prior written approval
of the Town of Derry Town Council.
A.
Application
requirements.
(1)
Permits
will be required on an annual basis and will be valid from April 1
to October 15. Permits are not continuous and will expire on October
15 of each year. No permit will be granted prior to April 1.
(2)
Applications
will only be accepted by businesses licensed to serve food to the
public.
(3)
Submission
of an 8 ½ x 11 plan showing (see Outdoor Dining Design and
Construction Guidelines):
(a)
Lot lines, where the building sits on the lot, and dimensions of
the building and lot.
(b)
Street location, width and curbing location.
(c)
Setback dimensions for sidewalk to building.
(d)
Location of the proposed outdoor dining room and its components (tables,
chairs, barriers, etc.), including dimensions and total outdoor dining
area in square feet. The plan should show the number and location
of tables, chairs, equipment and accessories, along with pedestrian
access points and sidewalk separation. Other features, such as the
location of the building, ramps, hydrants, fire lanes, lighting, natural
features, parking and relationship to the road (labeled) shall also
be included. If areas of the parking lot are to be used for outdoor
dining, barriers must be in place to protect the patrons from parking
lot traffic. The seating area must be fully enclosed with the exception
of the forty-four-inch entrance to the outdoor seating area. Proposed
outdoor bars shall be noted on the site plan, as shall any proposed
outdoor sanitary facilities. See Outdoor Dining Design and Construction
Guidelines for additional details to be included.
(e)
A drawing, photo or specifications of any required barrier solutions.
(f)
A copy of the current food and alcohol license.
(g)
Fees.
(4)
Applicants
shall indemnify and hold harmless the Town of Derry and shall also
provide a certificate of insurance provided by a general liability
carrier for the business owner on a primary and noncontributory basis,
for a minimum amount of $1,000,000 per claim and an aggregate of $2,000,000,
both of which shall name the Town of Derry and its employees, officials,
agents, and volunteers as an additional insured.
(5)
The
application shall be submitted to the Planning Department for preliminary
review. Once deemed complete, the application will be forwarded to
the individual departments for review.
(6)
Individual
permits and approvals are required from the following departments
prior to the application being forwarded to Town Council/Administrator
for final approval:
(7)
Applications
for outdoor dining occurring on a private lot shall conform to this
article, with the exception that the annual permit shall be issued
by the Town Administrator or his/her designee in accordance with the
stipulations contained in this article.
B.
Standard
conditions.
(1)
Permits
are nontransferable and shall be in effect from date of issuance and
shall be renewed annually.
(2)
All
tables, chairs, equipment and accessories must be removed from the
public way prior to October 16, or at the discretion of Public Works
with twenty-four-hour notice.
(3)
Outdoor
dining is permitted during normal business hours, but no later than
10:00 p.m.
(4)
The
nontransferable permit must be posted in public view.
(5)
Outdoor
dining areas must be set back at least five feet from crosswalks,
handicap ramps, driveways and intersections.
(6)
A five-foot
clearance for pedestrians is required on sidewalks at all times, via
clear, unobstructed path. The business owner agrees that they will
be solely responsible for compliance with the Americans with Disabilities
Act.
(7)
The
outdoor dining area must be contiguous to licensed premises and maintained
by the business owner.
(8)
If
outdoor cooking is to occur, the applicant shall comply with the applicable
Life Safety and Health Code requirements.
(9)
If
alcohol is served, outdoor dining shall be separated from public pedestrian
space on adjacent public sidewalk by an enclosure of heavy-duty materials
or approved equivalent. Minimum height shall be 30 inches and maximum
height shall be 36 inches.
(10)
Businesses
are responsible for all trash and recycling receptacles and must keep
the area clear of all trash and food debris after close of business.
(11)
Outdoor
dining materials and structures shall not damage sidewalks, curbing,
street trees, light poles, trash containers or other public/private
property.
(12)
Umbrellas
and canopies are permitted if they do not extend beyond the permitted
area.
(13)
Permanent
fixtures, such as awnings, require a separate building permit from
the building/Code Enforcement Office.
(14)
Heating
devices are permitted with approval of Derry Fire Prevention and Code
Enforcement.
(15)
All
décor must be fire retardant and meet the following 2015 Life
Safety Code for existing places of assembly: § 13.4.6.11, Flame-Retardant
Requirements, specifically § 13.4.6.11.1. No décor not
approved in the site plan is allowed.
(16)
Only
battery-operated candles are permitted.
(17)
The
area must be sufficiently lighted. Extension cords are prohibited.
(18)
There
shall be no smoking or vaping allowed in an outdoor dining area.
(19)
No
food, condiments or paper products shall be stored in an outdoor dining
area.
(20)
The
business owner agrees to comply with all laws, rules and regulations
of the New Hampshire State Liquor Commission and all other local,
state and federal laws. Approval of the area service agreement by
the State Liquor Commission is required. Alcoholic beverage violations
shall be self-reported to the State Liquor Commission.
(21)
Dog-friendly outdoor dining is permitted; please see Town of Derry Code, Chapter 55, Food Service Establishments, for the specific requirements and application guidelines.
(22)
The
Town of Derry shall have the authority to deny, revoke or suspend
the permit upon finding that any provision of this article, including
the factors enumerated above, or conditions of approval will be or
has been violated. The Town of Derry shall give notice of any such
action to the permit holder in writing stating the action taken and
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 Town Council, which shall render a final decision
concerning the permit. The Director of Public Works, after notice
to the permit holder, 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.
(23)
The
Town shall be able to issue additional rules and regulations to the
article to the extent of its legal authority to do so. Any additional
rules and regulations shall be made in furtherance of encouraging
pedestrian activity, neighborhood interaction, promoting a better
aesthetic appearance, and outdoor dining and creating increased local
business through facilitating a more walkable town.
(24)
The
number and location of outdoor dining areas shall be at the sole discretion
of the Town Council, in the public interest, and no entitlement is
created by these rules and regulations.
The addition of an outdoor dining room does not grant approval
to the business to exponentially increase indoor dining capacity.
Compliance with New Hampshire RSA 155:18, places of assembly permitting,
is required.
[Amended 7-2-2020]
An annual fee of $50 shall be submitted with the application.
