As used in this chapter, the following words
and phrases shall have the meanings indicated:
LICENSEE
The holder of a valid outdoor dining license under the terms
and provisions of this chapter.
MENU BOARD
A sign affixed to the building of a restaurant that displays
the menu of such restaurant and is not freestanding.
OUTDOOR DINING AREA
Any area designated on the subject property and/or on the
sidewalk within the public right-of-way that is approved by the Township
for use for outdoor dining. Outdoor dining areas are characterized
by tables and chairs, and may be shaded by awnings, canopies, umbrellas,
or other roofs or coverings, and shall include open porches.
OUTDOOR DINING USE
The use of a dining area located outside the confines of
a building principally used as a restaurant in which food and beverage
products are served.
SIDEWALK
That portion of a public street right-of-way between the
curbline of a roadway and the adjacent property lines which is improved
for use by pedestrians.
Outdoor dining licensed under this chapter shall
be subject to the following rules and regulations:
A. The license issued shall be personal to the licensee
and shall not be transferable.
B. The Township Administrator or Chief of Police may
require the temporary removal of the outdoor dining area located within
the public right-of-way by the licensee when street, sidewalk, or
utility repairs necessitate such action or when it is necessary to
clear sidewalks.
C. The Township Administrator or Chief of Police may
cause the immediate removal or relocation of all or any part of the
outdoor dining area located within the public right-of-way or its
fixtures in emergency situations. The Township, its officers, agents
and employees shall not be responsible for any damages or loss of
outdoor dining fixtures relocated during such emergency situations
and shall not be responsible for any costs associated with the removal
or the return and installation of any outdoor dining fixtures.
D. The outdoor dining use shall be specifically limited
to the outdoor dining area shown on the approved site plan submitted
with the application for an outdoor dining license.
E. The licensee shall ensure that the outdoor dining
area does not interfere with or limit the free unobstructed passage
of sidewalk users in the approved pedestrian path.
F. Tables, chairs, umbrellas, canopies, awnings, porch
roofs and any other fixtures used in connection with an outdoor dining
area shall be maintained with a clean and attractive appearance and
shall be in good repair at all times.
G. Tables, chairs, awnings, canopies, umbrellas and any
other decorative material shall be fire-retardant or manufactured
of fire-resistant material.
H. No tables, chairs or any other fixtures used in connection
with an outdoor dining area located within a public right-of-way shall
be attached, chained, or in any manner affixed to any tree, post,
sign or other fixture.
I. The outdoor dining area, including the area extending
from the outdoor dining area to the street and five feet beyond either
end, shall be maintained in a neat and orderly appearance at all times
and shall be cleared of all debris on a periodic basis during the
day and at the close of each business day.
J. Patrons may not be seated in the outdoor dining area
prior to 7:30 a.m. or remain seated in the outdoor dining area after
10:00 p.m., and no table service in the outdoor dining area will be
permitted after 9:30 p.m.
K. The licensee shall notify the Township Administrator
and Chief of Police in writing at least 24 hours prior to the first
day on which the operation of the outdoor dining use begins.
L. No food preparation shall be allowed within the outdoor
dining area. There shall be no cooking, storage, cooling or refrigeration
or other equipment located in the outdoor dining area.
M. The licensee shall be responsible for the repair of
any damage to the sidewalk caused by the outdoor dining use.
N. Tables or chairs shall not be placed within four feet
of fire hydrants or counter service windows, or within two feet of
any building entrances and/or exits.
O. The operation or activities within the outdoor dining
area shall not create undue noise, glare, littering, loitering, disorderliness
or other such nuisance so as to be a detriment to adjacent businesses
or residents living within 200 feet of the outdoor dining area.
P. The licensee shall comply with all applicable Township,
county, state and federal regulations, laws or ordinances.
The licensee shall be required to display in
a conspicuous location that portion of the approved site plan that
shows the layout of the outdoor dining area.
The provisions of this chapter shall be enforced
by the Police Department, Zoning Officer and/or Health Officer, as
appropriate, based on the nature of the violation.
If any section of this chapter is adjudged invalid,
such adjudication shall apply only to the specific sections so adjudged
and the remainder of the chapter shall be deemed valid.
This chapter will take effect upon its passage
and publication and upon the filing of a copy of said chapter with
the Middlesex County Planning Board, as required by law, except that
existing dining establishments shall have six months from the effective
date of this chapter to submit the site plan application required
herein to the Planning Board.