As used in this article, the following terms shall have the
meanings indicated:
APPLICANT
A merchant, landowner or tenant, business owner, or other
person or entity that has applied to the Borough of Narberth for an
outdoor dining permit to utilize a right-of-way or parking area for
an outdoor dining area or to otherwise utilize a right-of-way or parking
area to install enhancements associated with the business pursuant
to this article.
ENHANCEMENT
A temporary, movable piece of equipment, furniture, or other
similar unaffixed item located within, connected to, or associated
with the outdoor dining area and located within the right-of-way or
parking area including, but not limited to, tables, chairs, table
settings (such as dishes, silverware, napkins, condiments, containers,
coasters, dispensers), umbrellas, dividers, railings, fences, lights,
heaters, fans, waste receptacles, portable signage, podiums, display
cases, stands, music equipment, cleaning/bussing equipment, trays,
or containers, and rugs/mats.
OUTDOOR DINING AREA
An area designated within the outdoor dining permit that
will be used and occupied by a permittee for the outdoor consumption
of food and drink by customers, which may or may not include table
service, connected to the business's food/drink service use.
PARKING AREA
Privately owned off-street parking areas utilized by the
permittee for its business operations. Borough owned or controlled
parking lots or parking spaces shall not be considered a parking area.
PERMITTEE
A merchant, landowner or tenant, business owner, or other
person or entity with a valid, current outdoor dining permit issued
by the Borough of Narberth. The permittee shall be the same person/entity
as the applicant for the outdoor dining permit.
RIGHT-OF-WAY
The public rights-of-way of the Borough of Narberth including,
but not limited to, public sidewalks, roadways, alleyways, and on-street
parking spaces. For purposes of this article, a right-of-way shall
also include Borough owned or controlled off-street parking spaces
or parking lots made available to a permittee by the Borough.
An outdoor dining permit shall expire six months from the date
of issuance or when revoked by the Borough. The Borough may establish
a separate application and fee for the reissuance of an outdoor dining
permit.
A permittee may locate an outdoor dining area or associated
enhancements within the Borough's right-of-way upon securing a permit
from the Borough, subject to the following regulations:
A. The permitted facility must be in a commercial zoning district, on
the first floor of a building, and have frontage along a right-of-way
for the full width of the outdoor dining area.
B. The Borough's rights with respect to the right-of-way shall remain
and continue in full force and effect and shall in no way be waived,
altered, or affected by permitting an outdoor dining area or any enhancements
in the right-of-way. The property owner of the building adjoining
the right-of-way remains responsible for the maintenance, repair,
and reconstruction of any sidewalk or curb within the right-of-way.
C. The outdoor dining area, and the associated permitted facility, shall
comply with all noise, nuisance, and odor regulations of the Narberth
Borough Code.
D. The right-of-way must be maintained in a safe, clean, and sanitary
condition at the sole cost, risk and responsibility of the permittee
and property owner. The sidewalk and curb shall remain in good repair
at all times.
E. Enhancements must not obstruct or interfere with the use of alleyways,
driveways, parking areas, or the rights-of-way of adjoining properties,
and must be arranged to maintain free and unobstructed aisles and
access to entrances and exit ways. Enhancements shall be immediately
removable in case of an emergency.
F. Convenient and adequate trash receptacles with self-closing lids
shall be provided. All trash shall be accommodated on site and shall
be kept entirely within a closed trash receptacle. The trash receptacle
shall be routinely emptied to ensure the receptacle does not overflow,
and, at a minimum, shall be emptied at the close of each business
day. Public trash receptacles shall not serve as the receptacles required
by this article.
G. Precautions should be taken to anchor or remove enhancements during
periods of high winds or inclement weather so as not to cause safety
hazards to pedestrian and vehicular safety.
H. Outdoor food preparation, food displays, and the dispensing of bulk
food, buffets and/or salad bars is prohibited.
I. Adequate personnel shall be assigned to the outdoor dining area and
remove all leftover food items as soon as the customer leaves.
J. If the outdoor dining area abuts a residential zoning district, a
row of planters shall be installed along the entire property line
adjacent to the abutting district. The row of planters shall be a
minimum of two feet wide containing vegetation of a height of at least
five feet, with a maximum of 18 inches of space permitted between
each planter, and shall be planted such that seasonally appropriate
vegetation is distributed over the entire length and width of each
planter. The hours of operation of such outdoor dining area shall
be limited to the hours between 9:00 a.m. and 10:00 p.m.
K. A continuous, unobstructed pedestrian pathway at least four feet
in width, and otherwise compliant with the American with Disabilities
Act, as amended, must be present within the right-of-way, either through
the outdoor dining area or around the outdoor dining area, providing
for a clear pathway for pedestrians along the entire length of the
property.
L. Any enhancements in the right-of-way must be able to be immediately
removed and/or relocated without expense to the Borough upon written
or verbal notice by the Borough. Upon failure to do so within the
timeframe stated by the Borough, the Borough may cause such work to
be done and charge the permittee and/or the property owner for the
cost of the work, at the sole discretion of the Borough, without further
notice. Upon failure to pay the charge, the Borough may file a municipal
lien against the property for costs of the work and to pursue and/or
enforce the lien.
M. Unless the enhancements are otherwise approved by the Borough to
remain, all enhancements shall be removed from all areas of the right-of-way
when a snow or ice emergency is declared by the Borough, when it is
otherwise anticipated that a snow or ice event will occur that will
result in the need for snow or ice removal from the streets and sidewalks
of the Borough, or during times of scheduled street cleaning by the
Borough.
N. Enhancements shall not be placed in the right-of-way during any repair
or maintenance of a public utility within 50 feet of the outdoor dining
area and shall be immediately moved or removed at the request of any
public utility company or agent thereof if any enhancements interfere
with any necessary repairs or maintenance of a public utility.
O. Enhancements shall be removed from the public right-of-way prior
to and during public events where the rights-of-way are anticipated
to be used as public gathering spaces, including, but not limited
to, public festivals, parades, or concerts, unless the enhancements
are otherwise approved by the Borough to remain.
P. Enhancements shall be placed in such a way so as not to materially
obstruct a business or restaurant's transparency (i.e., the views
into a store or restaurant's interior and window displays).
Q. The right-of-way utilized as an outdoor dining area shall be cleaned
at the end of each business day. All food debris shall be removed
prior to cleaning down the area. An outdoor hose bib shall be provided
unless the permittee can demonstrate that they have an alternative
method for cleaning the outdoor dining area.
R. If the outdoor dining area proposes to include on-street parking
spaces, physical barriers approved by the Borough Zoning Officer,
police department and fire department, shall be installed to separate
vehicles from the outdoor dining area, and any customers therein.
No outdoor dining area shall be permitted to occupy or interfere with
any handicapped parking area.
S. Business services (including those of cashiers, host stations, or
established waiting areas) and demonstrations or signage are permitted
in the outdoor dining area. Security personnel and wait staff for
outdoor dining areas are permitted in the right-of-way immediately
outside of the outdoor dining area.
T. The right-of-way shall not be painted, resurfaced, raised, or otherwise
altered in a way that could remain when the outdoor dining area is
not occupying the right-of-way.
U. Enhancements shall be placed so as not to block or obstruct vehicular
visibility areas, including but not limited to 25 feet from the outside
curb edge of any intersecting sidewalks at the intersection of any
two streets and the ten-foot visibility area from the outside edge
of any driveway or alley used by vehicles intersecting a street.
V. Enhancements shall not block or obstruct public street or sidewalk
fixtures, including, but not limited to, bus benches or shelters,
parking meters, or public utility boxes and poles.
W. Enhancements located on a sidewalk shall maintain a distance of two
feet from the curb.
X. Enhancements shall be placed a minimum of five feet from any public
water facilities, including fire hydrants and meter boxes or assemblies,
and two feet from any sewer lateral cleanout in the right-of-way.
Y. Enhancements shall not be attached to public utility boxes, street
signage, streetlights, poles, trees, or other street fixtures unless
permitted by the Borough.
Z. Enhancements shall not utilize electrical outlets of the Borough.
A licensed and approved eating and drinking establishment may
locate outdoor dining within the parking area of such establishment
upon securing a permit from the Borough, subject to the following
regulations:
A. The licensed facility and the parking lot utilized for outdoor dining
must be located in a commercial zoning district with the facility
operating out of the first floor of a building.
B. The outdoor dining area, and the associated permitted facility, shall
comply with all noise, nuisance, and odor regulations of the Narberth
Borough Code.
C. The parking area must be maintained in a safe, clean, and sanitary
condition at the sole cost, risk and responsibility of the permittee
and property owner. The parking area shall remain in good repair at
all times.
D. Enhancements must not obstruct or interfere with the use of alleyways,
driveways, parking areas, or the rights-of-way of adjoining properties,
and must be arranged to maintain free and unobstructed aisles and
access to entrances and exit ways. Enhancements shall be immediately
removable in case of an emergency.
E. Convenient and adequate trash receptacles with self-closing lids
shall be provided. All trash shall be accommodated on site and shall
be kept entirely within a closed trash receptacle. The trash receptacle
shall be routinely emptied to ensure the receptacle does not overflow,
and, at a minimum, shall be emptied at the close of each business
day. Public trash receptacles shall not serve as the receptacles required
by this article.
F. Precautions should be taken to anchor or remove enhancements during
periods of high winds or inclement weather so as not to cause safety
hazards to pedestrian and vehicular safety.
G. Outdoor food preparation, food displays, and the dispensing of bulk
food, buffets and/or salad bars is prohibited.
H. Adequate personnel shall be assigned to the outdoor dining area and
remove all leftover food items as soon as the customer leaves.
I. If the outdoor dining area abuts a residential zoning district, a
row of planters shall be installed along the entire property line
adjacent to the abutting district. The row of planters shall be a
minimum of two feet wide containing vegetation of a height of at least
five feet, with a maximum of 18 inches of space permitted between
each planter, and shall be planted such that seasonally appropriate
vegetation is distributed over the entire length and width of each
planter. The hours of operation of such outdoor dining area shall
be limited to the hours between 9:00 a.m. and 10:00 p.m.
J. A continuous, unobstructed pedestrian pathway at least four feet
in width, and otherwise compliant with the American with Disabilities
Act, as amended, must be present within the right-of-way, either through
the outdoor dining area or around the outdoor dining area, providing
for a clear pathway for pedestrians along the entire length of the
property.
K. Any enhancements in the parking area must be able to be immediately
removed and/or relocated without expense to the Borough upon written
or verbal notice by the Borough. Upon failure to do so within the
timeframe stated by the Borough, the Borough may cause such work to
be done and charge the permittee and/or the property owner for the
cost of the work, at the sole discretion of the Borough, without further
notice. Upon failure to pay the charge, the Borough may file a municipal
lien against the property for costs of the work and to pursue and/or
enforce the lien.
L. Enhancements shall not be placed in the parking area during any repair
or maintenance of a public utility within 50 feet of the outdoor dining
area and shall be immediately moved or removed at the request of any
public utility company or agent thereof if any enhancements interfere
with any necessary repairs or maintenance of a public utility.
M. Enhancements shall be placed in such a way so as not to materially
obstruct a business or restaurant's transparency (i.e., the views
into a store or restaurant's interior and window displays).
N. The parking area utilized as an outdoor dining area shall be cleaned
at the end of each business day. All food debris shall be removed
prior to cleaning down the area. An outdoor hose bib shall be provided
unless the permittee can demonstrate that they have an alternative
method for cleaning the outdoor dining area.
O. Physical barriers approved by the Borough Zoning Officer, police
department and fire department shall be installed to separate vehicles
and the parking area from the outdoor dining area, and any customers
therein. No outdoor dining area shall be permitted to occupy or interfere
with any handicapped parking area.
P. Business services (including those of cashiers, host stations, or
established waiting areas) and demonstrations or signage are permitted
in the outdoor dining area. Security personnel and wait staff for
outdoor dining areas are permitted in the parking area.
Q. Enhancements shall be placed so as not to block or obstruct vehicular
visibility areas.
R. Enhancements shall be placed a minimum of five feet from any public
water facilities, including fire hydrants and meter boxes or assemblies,
and two feet from any sewer lateral cleanout in the parking area.
Any applicant or permittee that is aggrieved by any decision
of the Borough related to the denial or revocation of an outdoor dining
permit, or any conditions imposed upon an approved outdoor dining
permit, shall appeal the Borough's decision to Narberth Borough Council
for determination by submitting a letter to the Borough Manager. Additionally,
any applicant or permittee that seeks a waiver or alteration from
any of the requirements of this article shall make such request to
Narberth Borough Council by submitting a letter to the Borough Manager.