[Adopted 10-1-2018 by Ord. No. 2018-14]
The purpose of this article is to permit the use of and provide
standards for the siting and use of sidewalk furniture associated
with downtown businesses.
A.
"Sidewalk furniture" includes items placed in the public sidewalk
by businesses, and maintained by said business, and includes, but
is not limited to:
B.
"Sidewalk furniture" does not include signs, which are regulated
under a separate ordinance.
C.
Newspaper kiosks are prohibited in all Borough of Palmyra Zoning
Districts.
D.
Nothing in this article shall be construed to allow the vending of merchandise on streets or sidewalks, which is regulated under the Land Development Ordinance Ch. 271, Outdoor Display of Merchandise.
E.
Nothing in this article shall be construed to pertain to the placement
of objects, similar to sidewalk furniture or otherwise, in the public
right-of-way by the Borough or any other authorized public agency,
public/private agency, or utility.
A permit is required in order to place sidewalk furniture in the public right-of-way and shall be obtained by submitting an application with the Zoning Officer in accordance with § 237-67 of this chapter.
A.
Applications. Applications for sidewalk furniture permit shall be
upon a form prescribed by the Zoning Officer and shall be accompanied
by:
(1)
A plot plan drawn to scale that indicates the location and dimensions
of:
(a)
The property;
(b)
The building in which the business is located, including the
location of doors;
(c)
The public right-of-way, including sidewalk, adjacent to the
property;
(d)
Location of existing sidewalk furniture;
(e)
Location of trees, mailboxes, signs, utility poles, trash receptacles,
and any other permanent or semipermanent features;
(f)
Any other information necessary to make a determination of the
appropriate placement of sidewalk furniture in accordance with the
standards of this article.
(2)
A dimensioned diagram of the proposed sidewalk furniture, including
the colors and materials of said items.
(3)
Proof of insurance indemnifying both the Borough of Palmyra and the
County of Burlington.
(4)
Signatures of the applicant and the property owner(s).
(5)
A one-time fee of $46, unless a violation is recorded; then, a new
fee will be required.
B.
Review. If the Zoning Officer finds the application in order and
in conformity with the provisions of this Section, the Zoning Officer
shall forthwith issue a zoning permit.
C.
The Zoning Officer in the exercise of reasonable discretion may inspect
the premises if such Officer deems it necessary in light of the documentation
submitted or other information received but is not required to inspect
the premises for every application. If the Zoning Officer should determine
that such application is questionable or that it should be denied,
because the requirements of this section have not been met, such officer
shall deny the application and provide the applicant with a statement
of reasons for such denial.
A.
Permitted Zones. Sidewalk furniture is allowed for any permitted
businesses in the Town Center (TC) and Neighborhood Commercial (NC)
Zones.
(1)
Location. Sidewalk furniture may be placed in the public sidewalk
right-of-way, in conformance with the following standards:
B.
Placement. Sidewalk furniture shall be in conformance with all ADA requirements, specifically with the ADA Architectural Barrier Removal and Compliance Manual for New Jersey, Chapter 35, and the Accessible and Usable Buildings and Facilities ICC A117.1-2009, Chapter 4
(1)
Sidewalk furniture may be placed up to the edge of the property line
or property corner as long as there is a minimum of four feet of clear
sidewalk and/or paver passage, pursuant to federal ADA requirements.
(2)
A minimum of one table (if provided) shall be ADA-compliant.
(3)
Sidewalk furniture shall not be placed in front of murals, except
where the bottom of the mural is above the top of the sidewalk furniture.
(4)
Sidewalk furniture shall not be allowed in alleys.
C.
Hours. Planters, flower boxes, trash cans, benches, street clocks,
and other similar objects shall be allowed to remain outside when
the business is closed, but only if they are weighted or securely
attached to the structure. No furniture shall be anchored or otherwise
secured to the public infrastructure. All other sidewalk furniture
shall be placed outside only during business hours.
D.
Attachments. No extraneous fixed or moving attachments shall be placed
on any sidewalk furniture.
E.
Materials. In an effort to ensure that sidewalk furniture is attractive
and durable, the following standards shall apply:
(1)
Tables, chairs, benches, planters, and flower boxes. At least 50%
of the exterior surface of any item must be constructed of heavy-weight
composite material, metal and/or wood.
F.
Design. In order to reduce or eliminate unsightly sidewalk furniture,
and to preserve the historic character of downtown Palmyra, the following
standards shall apply:
(2)
Advertisements. Advertising on sidewalk furniture is prohibited,
except in the following instances, as determined by the Zoning Officer:
(a)
On the faces of street clocks;
(b)
Placement of the permittee's business name in an unobtrusive
or incidental manner, not to exceed two inches in height by eight
inches in width, with a limit of one per piece of sidewalk furniture;
(c)
Incidental logos that are affixed by the manufacturer and do
not advertise the permittee's business, or products.
(d)
There shall be no logos or advertising upon any umbrellas without
prior approval of the Palmyra Land Use Board.
G.
Maintenance. In order to reduce or eliminate unsightly items, sidewalk
furniture must be kept in a state of good repair and condition, and
free from the following conditions:
(1)
Rust;
(2)
Chipped or peeling paint or finishes;
(3)
Delaminating or peeling materials;
(4)
Missing hardware;
(5)
Rotting materials;
(6)
Poor craftsmanship or construction that would cause the item to be
structurally unsound and thereby pose a health or safety hazard;
(7)
Any other condition that the Zoning Officer deems to be contrary
to the purposes of promoting visually-appealing and structurally sound
sidewalk furniture.
H.
Installation. In order to provide for a safe pedestrian environment,
all sidewalk furniture shall be braced, weighted, or affixed so that
it cannot be blown away by the wind.
(1)
No sandbags, concrete blocks, scrap metal, or other similar materials
shall be used to stabilize any sidewalk furniture.
(2)
No items may be attached or affixed to sidewalks, signs, bollards,
mailboxes, public street furniture, or any other public fixture or
furnishing, without the consent of the Zoning Officer.
(3)
Umbrellas must be a minimum of seven feet in height and not taller
than 10 feet in height and cannot impede pedestrian access to the
sidewalk, vehicular traffic, or extend into the roadway.
A.
The following notice and enforcement standards shall apply to the
placement and display of sidewalk furniture.
(1)
When the Zoning Officer has reasonable cause to believe that a holder
of a street furniture permit may be in violation of the terms of this
provision of this section or of the terms of such special permit for
home occupations, the Zoning Officer shall conduct such investigation
of the premises, and upon finding of a violation may direct that the
violations be corrected within a period of 10 days. If such violations
remain unabated upon the expiration of that 10 days, the Zoning Officer
may revoke any such permit.
(2)
Within 30 days of the denial of a permit or of the revocation of
a permit the applicant may appeal the Zoning Officer's decision
to the Land Use Board which may conduct such hearing as it may deem
appropriate and affirm or reverse the decision of the Zoning Officer.
(4)
The applicant shall take action to ensure that their sidewalk furniture
remains in compliance with the applicable standards at all times.
