[HISTORY: Adopted by the City Council of the City of Hoboken 3-9-2022 by Ord. No. B-441. Amendments noted where applicable.]
A.
The purpose of this chapter is to stimulate the local economy by
creating opportunities for restaurants, bars, distilleries, and breweries
through expanded outdoor dining opportunities and to provide a safe,
comfortable environment for residents and visitors to enjoy public
spaces within the City of Hoboken.
B.
The provisions of this chapter shall take effect immediately upon
of the chapter as provided by law.
C.
This chapter is not intended to supersede but shall be read in pari
materia with other applicable State of New Jersey, County of Hudson,
and City of Hoboken laws governing the use of streets, sidewalks,
and rights-of-way, and with State of New Jersey and City of Hoboken
laws pertaining to the service and consumption of alcoholic beverages.
As used in this chapter, the following terms shall have the
meanings indicated:
The outside portion of the sidewalk, closest to the street,
typically two feet to four feet in width, where signs, parking meters,
trees and public amenities such as benches and bike racks are located.
A place of business duly licensed by the Alcoholic Beverage
Control Board for the sale and on-premises consumption of alcoholic
beverages by the drink as the principal or primary use, with the option
of some food service provided, including but not limited to prepackaged
snacks.
A business operating under a brewery license pursuant to
N.J.S.A. 33:1-10 of the State of New Jersey.
A business that has been issued, and is in compliance with,
a distillery license pursuant to N.J.S.A. 33:1-10 of the State of
New Jersey.
A semi-permanent patio or deck, whether covered or uncovered,
used for outdoor dining. A parklet may be constructed using curbside
parking spaces adjacent to the business premises. A parklet may also
be constructed in a parking lot owned or leased by the business and
adjacent to the business establishment subject to the provisions herein.
A place of business or portion thereof where food and beverages
are cooked, prepared, sold, served, and consumed on the business premises.
That portion of the public easement which lies between the
building line and the curb, including the amenity strip.
Sidewalk space beyond the building line and to the front
of a qualifying establishment as defined herein which could be expanded
to include space in front of a building which is immediately next
door to the qualifying establishment, which space is used to accommodate
tables and chairs for patrons to utilize.
A temporary outdoor dining area created by converting curbside
parking space adjacent to the business premises using movable barriers,
tables and chairs, street covering, pop-up canopies and/or similar
delineation as permitted herein.
Any open space within the boundaries of the property. Rear
yards are at the back of the lot. Side yards are next to the building
and may or may not have frontage exposure on the right-of-way.
A.
License required. Any restaurant, bar, distillery, or brewery desiring
to utilize outdoor space as an extension of their business for dining
shall file an application, annually, with the City Zoning Officer.
B.
New applications. New applicants for use of public space for outdoor
dining shall submit their application, on a form so provided by the
City. New applications shall be accompanied by, at minimum:
(1)
Architectural drawings (as required), or a diagram, sketch, and photographs,
that depict the design, dimensions, boundaries, and placement of barriers,
tables, chairs, benches, canopies, planters, heaters, and other fixtures
of the outdoor seating area. Additional design standards and submission
requirements are noted in the section specific to each license type;
(2)
A plan for the control of litter, the removal and storage of garbage,
the cleaning of fixtures, and the cleaning of the grounds on and around
which the outdoor dining area is located;
(3)
When applicable, proof of compliance with New Jersey State Alcoholic
Beverage Control rules and regulations governing extension of premises
for the sale, service and consumption of alcoholic beverages;
(4)
Written consent of the owner of the premises, if other than the applicant;
(5)
Proof of insurance. A certificate of liability insurance in a minimum
amount of $1,000,000 per occurrence and $2,000,000 in aggregate, naming
the City of Hoboken and its agents, servants, and employees as additional
insured, shall be provided. The policy shall be occurrence-based coverage.
The policy shall remain in full force and effect during the licensing
period and shall include a thirty-day cancellation clause that shall
provide notice to the City Zoning Officer; and
(6)
Application fees, and, for parklets only, the required maintenance
bond.
(7)
Parklet and strEATERY applications. Following submission of a complete application and issuance of a zoning permit for approval of a new parklet or strEATERY, the parklet or strEATERY applicant shall provide notice, via certified mail, in a form consistent with N.J.S.A. 40:55D-12b. If, pursuant to Subsection F herein, after 20 days of the certified mailing date, no appeal has been filed with the governing body and Zoning Officer through the Municipal Clerk, permits for construction of the parklet or strEATERY may be issued, and construction of the parklet or strEATERY may commence.
C.
License renewal, annual. Applicants who, at the time of adoption
of this chapter, have a parklet or who have been licensed by the City
previously for operation of a strEATERY or sidewalk cafe shall apply
annually for renewal of their license(s), on forms so provided by
the City. Renewal applications shall be accompanied by, at minimum:
(1)
Photographs of the prior year's setup;
(2)
Written consent of the owner of the premises, if other than the applicant;
(3)
Proof of insurance. A certificate of liability insurance in a minimum
amount of $1,000,000 per occurrence and $2,000,000 in aggregate, naming
the City of Hoboken and its agents, servants, and employees as additional
insured, shall be provided. The policy shall be occurrence-based coverage.
The policy shall remain in full force and effect during the licensing
period and shall include a thirty-day cancellation clause that shall
provide notice to the City Zoning Officer; and
(4)
License renewal fees; and, for first-time renewal for existing parklets,
the required maintenance bond.
D.
Approval. The municipal Zoning Officer or other authorized City officer
shall be the licensing authority. Upon receipt of an application,
the Zoning Officer or other authorized City officer shall review the
outdoor dining application for completeness, subject to the requirements
set forth in this chapter and any other applicable laws. Once the
application is deemed complete, the Zoning Officer or other authorized
City officer shall issue a license or zoning permit, as the case may
be, or a denial. The Zoning Officer or other authorized City officer
may deny an application based on current violations or any other health,
safety, fire, use, or zoning regulation, or upon any applicable law
permitting the denial of a zoning permit that is not otherwise directly
superseded by this chapter. An application under this chapter shall
not be considered a variance under the Municipal Land Use Law (N.J.S.A.
40:55D-1 et seq.).
E.
Denial; revocation; suspension. The City of Hoboken may deny, revoke, or temporarily suspend the license of any applicant or licensee that violates, or is not in compliance with, any provision of this chapter or any provision of a law, ordinance, or regulation related to the consumption or control of alcoholic beverages not otherwise under the jurisdiction of the Division of Alcoholic Beverage Control, and the City of Hoboken may also deny, revoke, or temporarily suspend the license of any applicant or licensee based on any action taken against the applicant or licensee by the Division of Alcoholic Beverage Control related to the division's enforcement of any law or regulation under its jurisdiction. If a parklet applicant is issued a denial of a permit or a revocation or suspension of a permit, the parklet applicant/permittee may file an appeal as set forth in Subsection F. The parklet appellant shall provide notice of its pending appeal, via certified mail, in a form consistent with N.J.S.A. 40:55D-12b, including the time and date of the appeal or instructions where such information may be obtained.
F.
Appeal. An appeal for a review of any approval, denial, revocation, or suspension issued by the Zoning Officer or other authorized City officer may be filed through the Municipal Clerk with the governing body of the municipality, with a copy forwarded to the Zoning Officer. The governing body, or a designee if so delegated by the governing body, shall conduct a hearing within 30 days of the appeal properly being filed with the municipal clerk, unless an extension is agreed to between the governing body and the appellant. The governing body shall thereafter render a decision. The decision of the governing body or its designee shall be based on the criteria in this chapter 138, to the extent applicable.
G.
One-time appeal opportunity. For all parklet and StrEATERY approvals that were granted between March 1, 2020, and the effective date of this chapter, an appeal for review of any such approval may be filed as set forth in Subsection F above, within 20 days of the effective date of this chapter. After the expiration of that twenty-day period, all such prior approvals are final and no longer subject to review under the appeal process set forth in Subsection F, above.
A.
Public health procedures. Any restaurant, bar, distillery, or brewery
operating pursuant to this chapter shall follow, maintain, and enforce
protocols promulgated by any executive order of the Governor or Mayor,
or by the New Jersey Commissioner of Health, in response to any public
health emergency concerning social distancing and use of personal
protective equipment during the period such protocols are in effect.
B.
Expiration of yard provisions. Notwithstanding the provisions of
any law to the contrary, use of a rear and/or side yard by a restaurant,
bar, distillery, or brewery shall expire November 30, 2022, after
which date continued use of a yard for dining shall require approval
by the Planning Board or Board of Adjustment, as the case may be.
C.
Emergency or scheduled construction removal. The City reserves the
right to order the temporary suspension of outdoor dining and the
removal of all fixtures associated with any restaurant, bar, distillery,
or brewery's sidewalk cafe, strEATERY, or parklet, at the licensee's
expense, from the public sidewalk or roadway because of road or utility
construction, predicted high winds or severe weather, the need to
remove snow or ice from the sidewalks and streets, or any other public
emergency that may arise.
D.
Restoration of right-of-way. The licensee of any outdoor dining facility
and/or the owner of the property on which the outdoor dining facility
is located shall be jointly and severally responsible for restoration
of the sidewalk or street upon the expiration or termination of the
license. As such, the licensee and/or property owner, at either of
his/her own expense, shall remove all fixtures and constructions associated
with the outdoor dining facility, and shall restore the sidewalk or
street, as nearly as practicable, to a condition that is consistent
with adjacent sidewalks or streets. If the licensee or property owner
fails to remove the aforementioned improvements, the City may remove
such improvements and make such repairs as may be necessary to restore
the sidewalk or street, at the sole cost and expense of the property
owner, and the cost of removal, repair, and/or replacement shall be
a municipal lien against the property owner.
E.
Hours of operation. Hours of operation for parklets, strEATERIES, sidewalk cafes, and rooftops, where permitted in association with a restaurant, bar, distillery, or brewery, shall be between the hours of 8:00 a.m. and 11:00 p.m., Sunday through Wednesday, and between 8:00 a.m. and 12:00 midnight Thursday, Friday, and Saturday. On three-day weekends where Monday is a federal holiday, hours of operation for Sunday may extend to midnight. The sale and service of alcoholic beverages shall adhere to the times set forth in Chapter 68, Alcoholic Beverages, of the Municipal Code of the City of Hoboken, or other restrictions placed on the business in approvals granted by a land use board.
F.
Hours of operation. Hours of operation for outdoor dining in rear
or side yards associated with a restaurant, bar, distillery, or brewery
shall be between 10:00 a.m. and 10:00 p.m. daily until November 30,
2022, at which time all such operation is prohibited.
G.
Music and AV. Live acoustic music is permitted but shall be limited
to 4:00 p.m. to 10:00 p.m. weeknights; and 12:00 noon to 10:00 p.m.
Saturday and Sunday. The playing of any other audio from a recording,
streaming service, or cable or internet broadcasting service in outdoor
spaces or on public sidewalks is prohibited. Television or video screens,
where permitted, shall be muted, without sound, at all times.
H.
Signage. No flashing or moving lights or additional signage shall be part of the outdoor dining setup, except as permitted herein. Freestanding signs such as A-frames permitted by § 196-31 may continue to be used but shall not obstruct the required pedestrian ingress and egress.
I.
Heaters. The licensee of an outdoor dining facility may apply to
the Hoboken Fire Department for approval to use propane heaters in
the outdoor dining area. Such approval shall specify the number of
heaters approved by the Fire Department and what provisions are to
be made for storage of the propane tanks when not in use. A copy of
the Hoboken Fire Department approval shall be filed with the Zoning
Officer.
J.
Food and beverage service. No food or beverages shall be prepared
in the outdoor dining areas. All food and beverage preparation shall
take place within the business premises and served or carried out
to the outdoor seating area.
K.
License display. Each applicable license shall be displayed and/or
readily available for inspection on the business premises.
L.
No smoking. As an extension of the business premises, there shall
be no smoking in outdoor dining areas.
M.
Cleaning
and pest control. Licensees of outdoor dining facilities shall be
responsible for the cleanliness of the sidewalk and street around
their establishments, and for rodent control associated with the outdoor
dining facility. Licensees shall also be required to produce evidence
of compliance with the requirements set forth herein upon request
by the Hoboken Health Officer. Requirements to be documented include,
but are not limited to, the following:
[Added 9-20-2023 by Ord. No. B-603A[1]]
(1)
Daily
inspection of the outdoor dining space, planters, and any adjacent
street tree pits to assure they are clean and that there is no food
residue or signs of rodent presence.
(2)
Daily
broom cleaning and washing of all outdoor dining areas, including
sidewalks and curbs. All dining areas should be washed with soap and
water or a 10% bleach solution.
(3)
Clean
up and dispose of any spilled food immediately.
(4)
Schedule
regular extermination inspection and treatment of the dining area
and nearby street trees. The extermination schedule and service contract
should be made available to the Hoboken Health Officer upon request.
(5)
Where
feasible, power wash sidewalks and underneath platforms on a regular
basis to flush out any food and rodents and discourage rodent nesting
beneath platforms. Where power washing is not feasible, other reasonable
attempts to flush out food and any rodents and discourage their nesting
beneath platforms should be used. In all instances, remove any standing
water.
(6)
Within
60 days of ordinance passage,[2] provide the Hoboken Health Officer with plans regarding
modifications to dining structures to prevent pests based on the fact
that any empty space or voids created by the dining structure can
become a harborage for rodents, including gaps underneath and space
inside the walls of the structure. These areas must be available for
inspection and cleaning. Modifications that address the following
set of features for all dining structures shall be considered:
(a)
Construct hinged trap doors in the platform of the structure to allow
for easier inspection;
(b)
Leave walls open between the studs;
(c)
If burrow holes are present in planters around the structure, empty
the containers of all soil and rodent nesting material and replace;
(d)
Provide for drainage under the floors of seating areas. Dining structures
must not block rainwater drainage from getting to or flowing along
the curb; and
(e)
Avoid placing garbage on or near the dining platform and any adjacent
street trees.
N.
Violation; fines. Any person who shall violate any provision of this
chapter pursuant to the authority granted by this chapter shall, upon
conviction or guilty plea in the Municipal Court of Hoboken, or other
court of competent jurisdiction, be punished by a fine of not less
than $500 for the first offense; $1,000 and ten-day license suspension
for the second offense; and $2,000 and license revocation upon a third
offense.
A.
The term of an annual sidewalk cafe license shall commence on January
1 and expire on December 31 of each year. A sidewalk cafe license
is not transferable to another person or business entity. There shall
be no proration of license fees.
B.
A clear, unobstructed pedestrian pathway, not less than six feet
wide, must be maintained at all times on all public sidewalk wider
than 10 feet. On sidewalks that are less than 10 feet wide, a walking
path of not less than four feet wide must be maintained.
C.
Where the sidewalk is 20 feet or more wide, the sidewalk cafe may
occupy the space immediately in front of the restaurant as well as
the amenity strip along the curb with the pedestrian pathway in between.
Existing street amenities shall not be disturbed or obstructed by
cafe seating. Seating within the amenity strip shall be limited to
a maximum width of four feet, measured from the curb edge into the
sidewalk.
D.
No fixtures associated with a sidewalk cafe, including railings,
shall be permanent or semi-permanent unless expressly approved by
the Zoning Officer and certified in writing.
E.
All fixtures associated with the sidewalk cafe shall be removed from
the public sidewalk at the conclusion of each business day except
for the period between Memorial Day and Labor Day, when delineating
barriers and furniture may remain on the sidewalk and safely secured
in place overnight. Notwithstanding the preceding, all lightweight
equipment shall be removed, and umbrellas and canopies shall be closed
and/or removed each evening.
F.
No sidewalk cafe fixtures may be set up or stored on the sidewalk
when the sidewalk is snow-covered or when snow prevents the maintenance
of the required pedestrian walking path.
G.
Fees. Effective January 1, 2022, there shall be a $50 application
fee and an annual user fee of $2 per square foot of sidewalk encumbered.
Effective January 1, 2023, the annual user fee shall be $2.25 per
square foot.
H.
Required specifications.
(1)
Entrance and exit doorways for any residential or nonresidential
use located above the restaurant, bar, distillery, or brewery, including
a straight unobstructed pathway from such door to the pedestrian lane
of the sidewalk, shall be maintained free of sidewalk cafe fixtures.
(2)
Sidewalk cafes may extend in front of adjacent properties on either
side of the business establishment, up to an additional 25 feet total,
provided: a) the owner of the adjacent property agrees in writing
to allow the business to operate a sidewalk cafe in front of their
property; b) any commercial tenant(s) occupying street-level space
within the adjacent property shall provide written consent; c) the
liability insurance includes the adjoining property, property owner,
and tenants as additional insureds; and d) a clear path of ingress
and agress is maintained to entrances and exits of the adjoining property.
(3)
Sidewalk cafes that accommodate eight or more patrons should be separated
from the pedestrian walking path by a temporary barrier such as a
fence or planters. Where a fence is used, the fence should be: a)
freestanding and stable enough to not be easily tipped over; b) not
less than 36 inches or more than 42 inches in height; and c) made
of quality materials such as metal, wood, and/or canvas that can be
easily maintained in good condition throughout the season. Planters
or plant material that are part of a cafe barrier shall be fully within
the sidewalk cafe area and shall not encroach on the pedestrian pathway.
(4)
Where drilled holes already exist in the sidewalk for the installation
of temporary barriers, they may remain and continue to be used as
is until either a) the fence is replaced, or b) the sidewalk cafe
is no longer operated, then the sidewalk shall be repaired and the
holes filled in. No new holes shall be drilled into the sidewalk for
sidewalk fencing. All holes drilled in the sidewalk shall be covered
by the business operator when not in use.
(5)
Sidewalk cafes shall be at the same elevation as the sidewalk.
(6)
Overhead coverings, such as retractable awnings, umbrellas, or pop-up
canopies are encouraged but are not required. All coverings shall
be contained within the designated area of the allowed sidewalk cafe
so as not to interfere with the pedestrian pathway and be closed and/or
removed from the sidewalk overnight.
(7)
Except for business identification of the licensee that is incorporated
into a temporary barrier, no other signage or advertising shall be
part of a sidewalk cafe setup.
A.
Term of licenses. The term of an annual parklet license shall commence
on January 1 and expire on December 31 of each year. The parklet license
is not transferable to another person or business entity. There shall
be no proration of license fees.
B.
Bond requirement. Applicants for new parklet construction or for
first license renewal following adoption of this chapter shall provide
the City of Hoboken a one-time maintenance bond at a rate of $15 per
square foot to cover parklet removal and/or street repairs in the
event that the licensee responsible for the parklet fails to remove
the parklet upon closure or fails to repair the right-of-way returning
it to its original condition. The bond will be carried from year to
year for the life of the parklet. When a parklet is no longer in use
and has been removed by the licensee, the licensee may request, in
writing, that the bond be returned. The City Engineer will conduct
an inspection of the premises and shall recommend to the City Council
that the bond, or any balance thereof as the case may be, be released
and the funds returned to the licensee.
C.
Use of the right-of-way. The parklet may encumber up to but not more
than the width of street frontage adjacent to the restaurant, bar,
distillery or brewery, unless express written consent, in a form approved
by the City of Hoboken, has been obtained from the adjacent property
owner and from any commercial tenant(s) occupying street-level space
within the adjacent property.
D.
Other approvals. No parking space, parking lane, or other portion
of the public street shall be encumbered without the consent of the
Director of Transportation and Parking and the City Engineer. Use
of a county roadway shall also require consent, approval, or waiver
from the Hudson County Division of Planning.
E.
No-parking signs. It is the responsibility of the licensee to request
temporary no-parking signs as needed to reserve curbside space.
F.
Right to limit parklets per block. The City reserves the right to
limit the number of parklets per block based on available space and
the need to maintain publicly accessible curbside space on each block
for other uses.
G.
Location. Parklets shall not be located: over a gas line; within
25 feet of a crosswalk measured from the nearest pavement markings;
within 10 feet of a fire hydrant; or in handicap spaces or loading
zones.
H.
Cleaning of the right-of-way. The licensee of the parklet shall be
responsible for maintaining the cleanliness of the sidewalk and street
for, at a minimum, two feet in all directions around the parklet,
and for the removal of snow and ice, at minimum, four feet in all
directions around the parklet or otherwise as directed by the Department
of Environmental Services.
I.
Fees. Effective January 1, 2022, new parklet applications shall be
accompanied by a $250 application fee; parklet renewal applications
shall be accompanied by a $100 application/inspection fee. All licensees
shall be subject to a monthly user fee for occupancy of the parking
lane according to the following schedule:
J.
Nonpayment of user fees. Operators of parklets that fail to remit
monthly user fees in a timely manner shall, after 60 days, receive
a one-time warning notification. After 90 days of nonpayment, a violation
will be issued and/or the operator's license may be suspended or revoked.
If revoked, the parklet shall be removed at the operator's expense.
K.
Required specifications (minimum).
(1)
Architectural drawings shall be required for parklets providing:
a) construction details; b) dimensions; c) calculation of vertical
wall area, square footage percentage of open vs. enclosed wall area;
d) electrical service and heat/cooling specifications, as applicable;
e) snow and wind load calculations; f) drainage accommodations for
the platform and the street; g) location of all utility service lines;
h) location of adjacent travel lanes, bike lanes, sidewalks, crosswalks,
ADA curb ramps, tree pits, utility poles, and any other right-of-way
appurtenances with dimensions and distances from each; i) handicap
accessibility details; j) specifications for all construction materials
to be used; k) safety measures; l) seating plans and proposed occupancy;
and m) signage specifications.
(2)
A parklet shall be constructed of quality building materials like
wood, wood composite, metal, fiberglass, corrugated plastic or similar,
and shall incorporate a safety barrier at the leading end of the platform
facing oncoming traffic. Lightweight materials like plastic sheeting,
vinyl, or fabric are not permitted.
(3)
Maximum width shall be seven feet from the curb for a parallel parking
lane, or 14 feet from the curb for an angled parking lane.
(4)
Parklets shall be constructed in sections of not more than seven
feet wide and six feet long that can be assembled and disassembled
on-site to facilitate street or utility work, or temporary removal
in case of an emergency.
(5)
The finished floor of the deck platform shall be level with the top
of the curb.
(6)
Decks shall be enclosed on the three sides that abut the street by
a built-in planter, benches, low wall or railing not to exceed 42
inches in height. If planters are utilized, the dimension of that
planter must be included in the calculation of the overall parklet
dimensions. The side facing the sidewalk shall be open with the exception
of supporting posts for a roof or canopy.
(7)
Removable umbrellas, awnings or pop-up canopies may be included in
the parklet design, provided: a) there is no reduction in vehicular
or pedestrian visibility; b) no part of the umbrella, awning, or canopy
extends into the travel lane or over the curb; c) the umbrella, awning,
or canopy is anchored securely against wind; and d) the umbrella,
awning or canopy is closed and/or removed overnight.
(8)
A roof, where permitted, shall not exceed nine feet from sidewalk
to its highest point.
(9)
Plexiglass or other clear plastic screening is permitted on the three
enclosed sides that abut the street, provided there is at least one
foot of ventilation space between the top of the screen and the roof
structure. The sidewalk-facing side shall remain open.
(10)
If the parklet will have power or lighting, an electrical plan
must be included with the architectural drawings submitted with the
application.
(11)
Except for business identification of the parklet licensee that
is incorporated into the walls or railings of the parklet and any
required signs associated with public health guidance, no promotion
banners or advertising signage shall be part of a parklet setup. Identification
signs or logos shall be limited to a maximum of one on each end, and
three on the street side spaced 20 feet on center; the size of each
identification should not exceed 16 square feet per occurrence.
(12)
Where nonfixed furniture and fixtures are part of a parklet
setup, that furniture and those fixtures must be able to be stored
securely within the parklet or removed to a safe location nightly.
(13)
Parklet operators are responsible for baiting beneath and/or
immediately adjacent to the parklet to control vermin.
L.
Occupancy. The maximum occupancy for the parklet, approved by the
Zoning Officer, shall be displayed on the parklet.
M.
Storage limitations. Tables, chairs and heaters that are part of
the outdoor dining setup may be secured and stored in the parklet
during the months when the parklet is in use. The parklet shall not
be used to store any other furniture, equipment or materials from
the business that are not part of their approved outdoor dining setup.
During the off-season when the parklet is not in daily use, any tables,
chairs, and heaters that are a part of the outdoor dining setup may
be secured and stored in the parklet, provided that public access
can be restricted.
N.
Annual inspection. All parklets shall be subject to an annual inspection.
Any parklet found to be unsafe for public use or habitation, or that
fails to meet the above specifications, will not be relicensed and
may not be occupied until it is brought into compliance.
A.
Term of license. The term of a seasonal strEATERY license shall begin
on March 1 and end on November 30 of each year. The strEATERY license
is not transferable to another person or business entity. There shall
be no proration of license fees.
B.
Use of right-of-way. A strEATERY may encumber up to but not more
than the width of street frontage adjacent to the restaurant, bar,
distillery, or brewery, unless express written consent, in a form
approved by the City of Hoboken, has been obtained from the adjacent
property owner and from any commercial tenant(s) occupying street-level
space within the adjacent property.
C.
Other approvals. No parking space, parking lane, or other portion
of the public street shall be encumbered without the consent of the
Director of Transportation and Parking and the City Engineer. Use
of a county roadway will also require consent, approval, or waiver
from the Hudson County Division of Planning.
D.
No-parking signs. It is the responsibility of the licensee to request
temporary no-parking signs as needed to reserve curbside space.
E.
Right to limit strEATERIES per block. The City reserves the right
to limit the number of strEATERIES per block based on available space
and the need to maintain publicly accessible curbside space on each
block for other uses.
F.
Location. StrEATERIES shall not be located within 25 feet of a crosswalk,
measured from the nearest pavement markings, 10 feet of a fire hydrant,
or in handicap spaces. Use of loading zones is permitted beginning
one hour after the zone's posted loading hours; during posted hours
of loading zone use, the loading zone shall remain clear of obstruction.
G.
Cleaning of the right-of-way. The licensee of the strEATERY shall
be responsible for maintaining the cleanliness of the sidewalk and
street for, at a minimum, two feet in all directions around the strEATERY.
H.
Snow-covered streets and sidewalks. StrEATERIES may not be set up
when there is snow on the street or sidewalk.
I.
Fees. Effective January 1, 2022, all strEATERY applications, new
and renewal, shall be accompanied by a $100 application fee. All licensees
shall be subject to a monthly user fee, charged per approved days
of use, for occupancy of the parking lane according to the following
schedule:
J.
Nonpayment of user fees. Operators of strEATERIES that fail to remit
monthly user fees in a timely manner shall, after 60 days, receive
a one-time warning. After 90 days, a violation will be issued and/or
the operator's license may be suspended or revoked.
K.
Equipment storage. All fixtures associated with the strEATERY shall
be removed from the street at the conclusion of each business day
to facilitate street cleaning. Barriers and larger fixtures may be
removed to the amenity zone of the adjacent sidewalk, provided they
can be safely stored there and provided they do not, in any way, obstruct
the flow of pedestrian traffic or obstruct access to the curb for
passenger vehicles. Where expressly approved by the Zoning Officer,
the Director of Environmental Services, and the Director of Transportation
and Parking, an exception may be granted to permit a strEATERY setup
to remain on the street overnight; in cases where such an exception
is granted, the strEATERY shall pay the same fees as a parklet.
L.
Required specifications.
(1)
A detailed sketch or architectural drawings shall accompany the application
that include, at minimum: a) dimensions; b) electrical service and
heat/cooling specifications, if applicable; c) location of all utility
service lines; d) adjacent travel lanes, bike lanes, sidewalk, crosswalk,
ADA curb ramps, tree pits, utility poles, and any other right-of-way
appurtenances with dimensions and distances from each; e) handicap
accessibility details; f) specifications for all materials to be used;
g) safety measures; h) seating plans and proposed occupancy; and i)
signage specifications.
(2)
A strEATERY shall be delineated from the adjacent parking spaces
and street using City-approved temporary crowd control barriers, bollards,
poles, planters or other substantial and easily visible means approved
by the City.
(3)
For a strEATERY adjacent to parallel parking spaces, wheel stops
are required three feet from the leading side (facing oncoming traffic)
and 4.5 feet on the trailing side of the strEATERY.
(4)
A minimum of one ADA-compliant portable ramp shall be provided. For
strEATERIES exceeding 40 feet in length, two shall be provided.
(5)
Maximum width shall be seven feet from the curb for a parallel parking
lane, or 14 feet from the curb for an angled parking lane.
(6)
The road surface shall be covered with synthetic turf, solid color
indoor-outdoor carpeting, or other approved street covering.
(7)
Removable tables, chairs, or other seating options shall be provided.
No table shall accommodate more than eight persons.
(8)
Removable umbrellas, awnings or pop-up canopies may be included in
the strEATERY design, provided: a) there is no reduction in vehicular
or pedestrian visibility; b) no part of the umbrella, awning, or canopy
extends into the travel lane or over the curb; c) the umbrella, awning
or canopy is anchored securely against wind; and d) the umbrella,
awning or canopy is closed and/or removed overnight.
(9)
If the strEATERY is to have power or lighting, an electrical plan
must be submitted with the application. No extension cords shall cross
over or above the sidewalk unless approved by the Electrical Subcode
Official and/or Construction Official.
(10)
Except for business identification of the licensee that is incorporated
into the temporary barrier and any required signs associated with
public health guidance, no other business identification signage or
advertising shall be part of a strEATERY setup.
A.
The City of Hoboken reserves all rights, privileges, and immunities
concerning its inalienable ownership over all sidewalks, streets,
public lanes, alleys or other public grounds within the City, whether
or not any projection or encumbrance has been permitted to be erected
on the same, without any waiver of such rights, privileges, or immunities,
whether expressed or implied.
B.
The City of Hoboken expressly reserves the right to inspect outdoor
dining establishments and to require, at the owner's expense, the
correction of any violation of the conditions set forth in this chapter,
or to require, at the owner's expense, the removal of any or all encroachments
of the public right-of-way, and other such encumbrances upon any sidewalk,
street, public lane, alley, or other public ground that present a
danger to the health, safety, and welfare of the public.
C.
As part of the petition process, the applicant for any license or
revocable consent must agree that if a license or consent is granted,
it shall defend, protect, indemnify, and hold harmless the City of
Hoboken, its officers, agents, and employees from and against any
and all claims, causes of action, injuries, losses, damages, expenses,
fees, and costs arising out of, or which may arise out of, the grantee's
use of the public right-of-way.
