[Adopted 2-21-2023 by Ord. No. 3086-23]
As used in this article, the following terms shall have the
meanings indicated:
A specifically delineated curbside street space in the public
right-of-way for seasonal occupation of outdoor seating, which may
include tables, umbrellas, planters, lighting and safety barriers,
as permitted by the Township of Maplewood for public use.
Formed from the words "street" and "eatery," a streatery
is, like a parklet, in a specifically delineated curbside street space
in the public right-of-way converted for seasonal occupation of outdoor
dining facilities, which may include seating, tables, umbrellas, planters,
lighting, space heaters and safety barriers as permitted by the Township
of Maplewood to be operated and occupied for the sole use of the adjacent
(or otherwise approved) food establishment having received a permit
from the Township for such use. After the permitted business'
hours, a streatery may revert to a parklet for public use.
The Maplewood Streatery Program shall be available to businesses
where food and/or other refreshments are sold for consumption on site.
The issuance of streatery permits is not guaranteed due to the limited
supply of on-street parking in the Village and will be assigned accordingly
on a case-by-case basis by the Township.
A.
The Maplewood Department of Community Development (DCD) will be available
to discuss or schedule a meeting with prospective applicants to address
any questions about the streatery program application process and
requirements prior to an application submission. The DCD will determine
if the application complies with all requirements and will determine
whether to issue or deny the streatery permit. An aggrieved applicant
may appeal the denial of the permit to the Township Business Administrator,
whose decision shall be deemed final.
B.
Streatery applications must be submitted to the Township Clerk by
March 1 to be eligible to open on April 15 of the same year. After
March 1, streatery applications will be accepted on a rolling basis
and processed in the order in which they are received.
C.
The Township will review and process applications in a timely manner
on a case-by-case, block-by-block basis. Streatery permit approval
will be at the sole discretion of the Township with priority given
to food businesses adjacent to sidewalks of relatively narrow widths
that cannot readily accommodate sidewalk cafe dining facilities. Priority
will also be given to approved streatery facilities operating in the
prior year and limited to maintain a sufficient number of parking
spaces to support the Village.
D.
Applicants shall be responsible for providing any supplemental information,
physical features or other provisions required by the Township.
E.
Program requirements, review processes, fees, evaluation criteria
and streatery operator responsibilities may be amended at any time
as deemed necessary by the Township.
F.
Upon receipt of an approved streatery permit, applicants may operate
their streatery facilities from April 15 to November 15 in accordance
with the approved plans and any permit conditions.
G.
Approved streatery facilities may be installed no more than 48 hours
prior to use on April 15 and must be completely removed and any damage
to the Township's right-of-way or its facilities repaired within
48 hours after November 15 or the removal of the streatery facility,
whichever occurs first.
H.
The Township may at any time remove any noncompliant streatery facilities
or remove any compliant facilities in the case of emergency, inclement
weather, or repair within the right-of-way at the Township's
discretion, with or without notice at the Township's discretion
and at the cost of the streatery operator.
A.
Qualifying food businesses located in the Village shall be permitted
a maximum of one streatery facility not to exceed three disposal parking
stalls or 25 linear feet or other approved location within the adjacent
street at the discretion of the Township such as for qualifying food
businesses that do not have parking spaces directly in front of their
establishments. Qualifying food businesses may apply for a streatery
that will be shared with neighboring food businesses as a communal
space not to exceed five disposal parking spaces or 50 linear feet.
If a handicap space is involved, the Township Engineer will determine
if and where a new handicap space will be put to replace one used
by a food business or alter the streatery parking spaces accordingly.
Diagonal spaces: three spaces or 25 linear feet for one streatery
or five spaces or 50 linear feet for a communal streatery. Diagonal
spaces: three spaces or 25 linear feet for one streatery or five spaces
or 50 linear feet for a communal streatery.
B.
Required information.
(1)
Applicant's name, address, telephone number and email address.
(For communal streateries, all participating food businesses must
provide this information.)
(2)
Business(es) name, address, telephone number and email address.
(3)
Proof of insurance naming the Township of Maplewood as insured. Minimum
insurance requirements are as follows:
(a)
General aggregate: $1,500,000.
(b)
Products and completed operation aggregate: $1,500,000.
(c)
Personal and advertising injury: $1,500,000.
(d)
Each occurrence: $1,500,000.
(e)
Fire damage (any one fire): $100,000.
(f)
Medical expense (any one person): $10,000.
(g)
Workmen's compensation: statutory requirements.
(h)
Employer's liability: $100,000 (each accident); $500,000
(disease - policy limit); $100,000 (disease - each employee).
(i)
Liquor liability (when licensee permits the consumption of alcoholic
beverages): $1,500,000.
(4)
Hold harmless agreement.
(5)
Written consent of adjacent establishment for any streatery that
extends beyond its street frontage, as applicable.
(6)
Site map, to scale, showing:
(a)
Proposed streatery location, dimensions and other objects and
permanent fixtures in the immediate area, such as poles, fire hydrants,
trees, etc.
(b)
Streatery dimensions.
(c)
Locations and quantities of seats and tables.
(d)
Restaurant frontage location and dimensions relative to the
proposed streatery.
(e)
All temporary structures and equipment, including plans for
electric power provided to the streatery. (No permanent structures
shall be permitted as determined by the Construction Code Official.)
(f)
Demonstration that a straight minimum four-foot-wide pedestrian
path shall be maintained along the adjacent sidewalk(s) as applicable.
(7)
Photographs from all sides of the proposed streatery area adjacent
to the street.
(8)
Written description and colorized specifications of all proposed materials. (See MVA design criteria in § 237-9.1 in the Maplewood Municipal Code.)
(9)
Photographs, renderings and/or conceptual images sufficient to illustrate
the proposed streatery facility in both plan and perspective view.
(10)
Details and locations of any proposed lighting, umbrellas or
canopies, barriers, furniture, etc.
The placement and design of streatery facilities are subject
to review and approval by the Maplewood Department of Community Development
and shall adhere to the following requirements, which may be waived
at the Township's discretion. The Township of Maplewood shall
also have the discretion to impose additional requirements for any
streatery facility or condition and to enforce such requirements as
may be necessary to promote the goals and objectives of the Maplewood
Master Plan, maintain the functionality of public rights-of-way and
ensure public health, safety, and welfare.
A.
Streatery operations: general provisions.
(1)
Permit recipients may operate their streatery from April 15 through
November 15 in the calendar year for which the permit was approved.
Permits shall be applied for and renewed on an annual basis. Nothing
shall guarantee permit approval for an applicant who received a streatery
permit in the prior year or years.
(2)
Streatery hours of operation shall be in accordance with the hours
of the restaurant operating the streatery. When businesses are not
serving customers, streateries will become parklets open to the public.
(3)
Streatery cleaning and maintenance are the responsibilities of the
streatery operator. The use of municipal garbage cans is strictly
prohibited; the operator must use their own garbage containers. The
Township reserves the right to revoke a streatery permit at any time
and without notice for failure to properly maintain a streatery facility
and issue summonses or fines as deemed necessary.
(4)
In the event that a streatery permit is revoked by the Township of
Maplewood for any reason, the streatery operator shall remove the
entirety of the streatery facility and repair any damage to the right-of-way
within 48 hours of the permit revocation. Failure to remove a streatery
facility within the specified time frame may result in fines and summonses
up to $1,000 for each day the streatery facility remains in violation.
(5)
Alcohol may be served in streateries in accordance with the applicable
Division of Alcoholic Beverage Control, the Local Alcoholic Beverage
Control Board, and other agencies' requirements.
(6)
Table service shall be permitted at streateries.
(7)
Streatery operators shall be prepared to remove streatery facilities
with minimum notice in case of extreme weather events, emergency public
works or other unexpected events. The Township does not expect streatery
facilities to be removed due to public or private events, such as
street festivals or parades, unless otherwise specified on the permit.
(9)
No approved streatery shall have any signage affixed to the exterior
of the streatery structure or barrier.
(10)
White or amber string lighting, lamps and other fixed lighting
fixtures are permitted to the extent that they do not generate a nuisance
to surrounding uses and unsafe glare to vehicular or pedestrian traffic.
Streatery lighting control shall be at the discretion of the Township
and may require adjustment at any time to protect public safety and
the general welfare. Flashing and colored lights are prohibited.
B.
Placement requirements.
(1)
Streateries must be installed in the parking lane or other approved
location within the right-of-way directly in front of the establishment
(except where there are no parking spaces) with the streatery permit.
Establishments with no parking spaces directly in front of their business
may apply for an area nearby for their streatery. It will be at the
discretion of the Township as to whether or not to permit such locations.
(2)
Businesses shall be permitted a maximum of one streatery facility
not to exceed three disposal parking stalls or 25 linear feet or no
more than two parallel spaces.
(3)
Qualifying restaurants may apply for a streatery that will be shared
with neighboring restaurants as a communal space not to exceed five
disposal parking spaces or 50 linear feet.
(4)
Streateries shall be contained within the area of the approved space
and shall not extend into the adjacent travel lane. Similarly, streateries
shall not be wider than the parking lane. If no parking lane is striped
in the vicinity of the approved streatery, applicants shall consult
with the Township Engineer to obtain the official parking lane width.
(5)
Access to utilities shall be maintained in accordance with the following:
(a)
Streateries shall have at least five feet of unobstructed clearance
to utilities, loading zones or handicapped parking spaces.
(b)
Streateries shall be located a minimum of 15 feet from any fire
hydrant, unless permission to be closer has been given by the Maplewood
Fire Code Official.
(c)
Streateries shall be located a minimum of 10 feet from any marked
crosswalk or 15 feet from the block corner at intersections without
a marked crosswalk.
(6)
Any intrusions into the public sidewalk or street are prohibited except as otherwise permitted herein or as approved with a permit in accordance with Township Code § 187-2B sidewalk cafes.
(7)
Streatery facilities must be located at least 50 feet from residentially
zoned parcels.
(8)
A straight unobstructed walkway minimally four feet in width shall
be maintained on all sidewalks and pedestrian walkways adjacent to
streatery facilities.
C.
Design requirements.
(1)
Purpose. The Maplewood streatery design requirements set forth below
are first and foremost intended to promote the safe and functional
use of the Township's streets. The design requirements are also
intended to establish a minimum baseline to ensure consistency and
compatibility with the Village while encouraging creativity in the
development of each individual streatery installation. The Design
Committee of the Maplewood Village Alliance (MVA) shall also sign
off on the design in order for the permit to be approved by the Township.
When possible, the MVA will work with the applicant prior to submission
of a streatery application to ensure accordance with the MVA Streatery
Design Guidelines.
(2)
Access.
(a)
Only the sidewalk-facing side of a streatery shall be open to
pedestrians. All sides facing a street shall be enclosed with an acceptable
barrier or decorative element as indicated below.
(b)
Streatery openings shall be placed so as to avoid obstacles
that may pose hazards to pedestrians.
(c)
Streatery decking is not required given the temporary nature
of such facilities but is preferred. Any streatery decking must be
flush with the curb and may not have more than a 1/2-inch gap from
the adjacent curb.
(3)
Barriers. Streateries shall be surrounded facing the adjacent street
with temporary bollards, jersey barriers or other approved barriers
at the discretion of the Township to provide reasonable safety accommodations
to streatery users from vehicular traffic. The determination of the
number of barriers, orientation and their minimum offset from the
travel lane shall be evaluated on a site-specific basis. Where appropriate,
the barrier requirement may be reduced, altered, used in conjunction
with other barriers or waived entirely at the discretion of the Township
where planters, lattice, railings, or other barrier alternatives are
proposed. Factors such as the speed of the roadway, physical road
characteristics, presence or absence of parking, the size, weight,
design of barriers proposed and other considerations will be taken
into account. No ropes, chains or similar feature may be used to enclose
a streatery.
(4)
All barriers, planters, fencing, railings, and similar features shall
have a maximum height of 36 inches as measured from the streatery
platform or, where there is no platform, measured from the street.
Such features shall not impair driver visibility or sight distances.
(5)
Streatery facilities may not be attached or cause damage to streets,
curbs, sidewalks, poles, or other existing fixtures in the right-of-way
and shall be easily assembled and disassembled with short notice.
(6)
Streateries shall be designed so as to not inhibit the normal flow
of stormwater runoff and drainage.
(7)
Streateries shall have a visible exterior edge in the form of planters,
barriers, railings, fencing or other acceptable element selected for
safety and aesthetic qualities to be approved by the Township.
(8)
Streateries with a roof structure may have curtains or shades to
help control sun or rain, but they may not be vinyl or other such
heavy material; they must be lightweight fabric curtains or shades
that do not impede ability to see inside or through to the adjacent
businesses.
(9)
Handicap accessibility. All streatery facilities shall have at least
one ADA accessible seating area including a minimum sixty-inch wheelchair
turning circle. Chairs and tables may be placed in this area but must
be movable or storable as needed. Streatery entrances must be at least
48 inches wide to accommodate wheelchair access; if there is no decking,
a ramp or other accessible means must be available to get into the
streatery.
(10)
Shade structures. Umbrellas, awnings, canopies, metal roofs
and similar coverings may be used in streateries, provided they do
not extend into the street beyond the approved streatery boundary,
and must maintain a minimum clearance of seven feet above public sidewalks.
Shade structures must not exceed a height of 10 feet above the level
of the sidewalk. If umbrellas are used, the size and shape of umbrellas
should be considerate of the narrow spaces of outdoor dining areas
and be space-efficient; market-style umbrellas are preferred, those
designed specifically for outdoor dining use; umbrella fabric must
be suitable for outdoor use and canvas type (no plastic or vinyl).
Umbrellas must be able to be removed each night and stored inside.
(11)
All streatery features shall be appropriately secured or removed
so as to not be blown away or damaged in inclement weather. Such securing
shall be temporary in nature and shall not be interpreted to permit
drilling or damage to the street, sidewalk or other features in the
right-of-way.
(12)
The numbers of streatery tables and seats shall not be regulated
except that such facilities shall adhere to any law, regulation or
code requirement that dictates the placement or separation of tables
and chairs. All furniture within a streatery shall be of a consistent
style and material.
(13)
Outdoor heaters must be approved by the Maplewood Fire Official,
and rules for locations, security, safety, and storage of such heaters
shall be strictly followed. Failure to properly store and secure outdoor
heaters under the Maplewood Fire Official's direction may result
in removal of a streatery permit.
(14)
Electrical power hookups must be set up in a way that satisfies
the Maplewood Fire Official and Maplewood Construction Official. Electric
must be supplied from an exterior electrical outlet. All exterior
electrical outlets must be GFI-protected and weather-protected. Cords
or wires shall be suspended above the sidewalk at a height not to
cause a hazard for pedestrians. The gauge and type of cords or wire
will be approved by the inspector according to its intended use. Plans
for the supply of electricity to the streatery must be included in
the application and reviewed and approved by the Maplewood Fire and
Construction Officials.
(15)
Lighting is allowed within streateries as an accent and shall
not overpower any adjacent site lighting or building lighting. Lighting
used within a streatery must be specifically made for outdoor use
and must have a hardwired electrical connection. All lighting shall
be durable, sturdy, stable, and weighted as to not to blow over with
normal winds or sudden storm events such as summer thunderstorms (wind
gusts of 60 miles per hour). All lighting within the streatery should
match by being of visually similar design, construction, and color.
Lighting must be kept in proper working order at all times. Burnt-out
lighting must be replaced promptly. Lighting may be plugged in to
extension cords, provided that the extension cords are maintained
in safe condition and protected from abrasion, pressure, and wear.
Extension cords that become frayed or split must be replaced immediately.
The fee schedule below provides the streatery program fees,
which include a fee for administrative review and permitting. Separate
fees will be assessed for the occupancy of each public parking stall
or, in locations without striped parking stalls, for the area of the
right-of-way that will be occupied by the facility. All program fees
are to be assessed on an annual basis, will not be prorated and are
nonrefundable. Streatery fees shall be in addition to any fees assessed
for a sidewalk cafe permit associated with the applicant, which requires
a separate permit. Fees collected for any streatery permit application
that is denied shall be returned to the applicant at the applicant's
request.
For unauthorized occupancy of Township streets and streateries
that are installed prior to or remain beyond the approved program
date or are not in compliance with the regulations set forth herein,
the owner shall be subject to a fine of $1,000 for each day of occupancy
until the right-of-way is completely restored for its intended public
use and any damage to the right-of-way repaired.
