The sidewalk cafe regulations as established in this article
are designed to allow sidewalk cafes on public property within the
Downtown Business District or the Downtown Transition District at
locations where they are determined to be appropriate by the Village
Administrator and to promote and protect the public health, safety
and general welfare. The general goals are to:
A. Promote sidewalk cafes as useful and properly planned visual amenities
that relate harmoniously to the streetscape.
B. Provide adequate space for pedestrians on the sidewalk adjacent to
sidewalk cafes and to ensure access to adjacent commercial and retail
uses.
C. Promote the most desirable use of property in the Village.
A permit issued pursuant to this article shall be required for
operation of any sidewalk cafe. The Building Inspector, or his/her
designee, is authorized to issue such permit provided that all the
requirements and conditions of this article are met, including the
payment of the requisite fee. The permit to operate a sidewalk cafe
shall be valid for one calendar year and effective for the seasonal
period inclusive of April 1 through December 31. Subject to the conditions
in this article, sidewalk cafe permits are renewable annually.
A. Application for a sidewalk cafe permit shall be made in form and
substance as may be required by the Village and at a minimum shall
include the name and address of the establishment where the sidewalk
cafe is proposed; the name and address of the applicant with phone
number and email address; proposed hours of operation of the sidewalk
cafe; and a complete list of equipment proposed to be placed on the
sidewalk.
B. The application shall be accompanied by a sketch, at a scale of at
least 1/4 inch equals one foot, showing the area of the sidewalk adjoining
the establishment where the sidewalk cafe is proposed and including
dimensions and details such as the location of the curb, any trees
and tree wells, mailboxes, streetlights, parking meters, utility poles
or other obstructions with the proposed location of all tables, chairs,
benches and other equipment proposed to be located on the sidewalk.
C. If the applicant is not the owner of the premises in front of which
the sidewalk cafe is proposed, (s)he must provide proof of the property
owner's consent to the sidewalk cafe.
D. The applicant must submit, prior to the issuance of the permit, in
a form acceptable to the Building Inspector, evidence of an agreement
to indemnify and save harmless the Village of Dobbs Ferry, its officers
and employees against any loss or liability or damage, including expenses
and costs for bodily injury and for property damage sustained by any
person as a result of the applicant's operation of a sidewalk
cafe on public property.
E. The applicant must submit, prior to the issuance of the permit, a
certificate of general liability insurance naming the Village of Dobbs
Ferry, its officers, agents and employees as additional insureds,
with the following limits: for personal injury, $1,000,000 per individual
and occurrence; and for property damage, $1,000,000 per individual
and occurrence, effective for the duration of the permit, and containing
a provision prohibiting its cancellation except upon 30 days'
notice to the Village of Dobbs Ferry.
F. The applicant must submit a fee with any application for a permit or renewal in an amount fixed by resolution of the Board of Trustees pursuant to Chapter
175 and set forth in the Fee Schedule.
G. The Village Administrator shall grant or deny an application for
a permit under this article within 30 days after submission of all
the required information and documents, including payment of the fee.
The permit may include any conditions that the Village Administrator,
in consultation with the Building Inspector, deems to be reasonable
and necessary to protect the health, safety and welfare of the public.
Neither the adoption of this article nor the granting of any
permit pursuant to this article shall be construed as a waiver of
any right, privilege or immunity that the Village of Dobbs Ferry may
have with respect to streets and sidewalks whether express or implied.