[Adopted 7-15-2020 by Ord. No. 25-2020]
As used in this article, the following terms shall have the
meanings indicated:
An event in which certain waivers are extended to eligible
establishments in order to accommodate an executive order which is
put in place due to unforeseen circumstances which are beyond the
control of the Township.
[Amended 4-6-2022 by Ord. No. 14-2022]
In accordance with § 149-31, no person shall operate an outdoor cafe within the Township of Wayne without first having obtained an endorsement to a valid retail food establishment license so as to permit an outdoor cafe. Notwithstanding the foregoing, a special event permit shall be issued to licensed retail food establishments or to the owner of a commercial development containing multiple restaurants to use privately owned outdoor public spaces adjacent to or in the vicinity of the said enclosed businesses provided the conditions set forth under this Article have been met when both of the following exist:
A.
There is a declared Public Health Emergency or State of Emergency
or until the end of the calendar year of a declared Public Health
Emergency or State of Emergency being lifted by the applicable authority.
B.
The Mayor authorizes such use of authorities in accordance with this
article or as required by any state or federal law to the contrary.
[Amended 4-6-2022 by Ord. No. 14-2022]
A.
An application for a special event permit shall be filed with the Township Clerk or designee on forms supplied by the Clerk's office. The forms shall require the information listed under § 149-32 of the Code with the following additional information:
(1)
All dates of the proposed special event and, for each such date,
the proposed starting and ending time of each event.
(2)
Written approval of the event from the owner of the space or area
to be utilized if different from the applicant.
(3)
In the case of a commercial development applying on behalf of multiple
restaurants, the owner of the commercial development may apply for
the special event permit to authorize the outdoor dining for some
or all of the retail food establishments located within that commercial
development. Such retail food establishments shall be listed on the
application.
(4)
The description required by § 149-32C(6) shall follow, maintain, and enforce protocols promulgated by the Commissioner of Health or Executive Order of the Governor in response to a public health emergency or state of emergency, concerning, for example, social distancing and use of personal protective equipment, during the period those protocols are in effect.
(5)
Provide such other information which the Township Clerk shall find
reasonably necessary for a full determination as to whether a permit
shall be issued.
B.
The requirements under Chapter 134 as they relate to parking requirements, site plan approval, and zoning permits are deemed not to apply for the purposes of a special event permit. All other requirements under Chapter 134 remain applicable to the extent that they are not superseded by any other state or federal law.
[Amended 4-6-2022 by Ord. No. 14-2022]
A.
Prior to the issuance of a special event permit pursuant to this
article, the layout plan, site and the application shall be reviewed
by the Township Planner or designee, Fire Official, Health Officer
or designee, Wayne Police Department, and Construction Official or
designee, who shall either approve, deny or recommend modifications
of the layout plan and issue a recommendation to the Township Clerk.
This review to determine compliance with the provisions of this article
and all other applicable codes and/or regulations shall be completed
within 15 business days of submission of a completed application and
layout plan.
B.
Upon approval by the Township Planner or designee, Fire Official,
Health Officer or designee, Wayne Police Department, and Construction
Official, or their respective designee, the Township Clerk shall issue
a special event permit.
An outdoor cafe authorized and operating under a special event permit pursuant to this article shall comply with all of the rules and regulations outlined at § 149-34 with the following exceptions:
E.
The request for a waiver required under § 149-34N shall be made in writing to the Township Clerk. Waiver relief from the Municipal Council as required under § 149-34N shall not apply to any request for a waiver for locations within 100 feet of a residential property, provided that the applicant presents the Township Clerk with a notarized letter from the owner(s) of all residential properties within that 100 feet stating that they do not oppose the granting of a special event permit. Should such documentation be provided, the waiver may be granted administratively without a hearing before Municipal Council. Otherwise, all waivers will require a public hearing before the Council, and all property owners within 100 feet of the proposed outdoor cafe seating area shall receive notice from the applicant by certified mail or personal service of said hearing. All applicants must sign an affidavit showing proof of service.
A.
Any outdoor seating near vehicular circulation must provide for the
following protections, subject to review and approval by the Construction
Official:
A.
The applicant shall submit a copy of an insurance policy or certificate
of insurance, issued by a company duly authorized to transact business
under the laws of the State of New Jersey, naming the Township of
Wayne as an additional insured, with general liability on an occurrence
basis with a limit of liability of at least $1,000,000.00, with respect
to losses arising solely from the operation of the outdoor dining
facility in accordance with the Special Event Permit located on public
sidewalks.
[Amended 4-6-2022 by Ord. No. 14-2022]
B.
In the case of a commercial development applying on behalf of multiple
restaurants, the applicant's certificate of insurance must name the
individual restaurants covered by the application as additional insureds
along with the Township of Wayne, or the applicant must submit each
individual restaurant's own certificate of insurance naming the Township
of Wayne as an additional insured.
A permit may be revoked by the Township if the applicant fails
to comply with the terms of approval of the special event permit.
Should any issues be identified after the issuance of a permit that
the Township identifies as necessary and proper for the preservation
of the public health, safety and welfare, the applicant will be required
to revise said special event plans to the satisfaction of the Township
Planner, Health Officer, and/or Construction Official, or their respective
designee. Failure to resolve these issues shall result in the revocation
of the special event permit.
