Outdoor tables and chairs shall be permitted outside the interior
of the eating establishment on private property or upon the sidewalks
directly adjacent to any restaurant, café, cafeteria or place
of business where food and/or other refreshments are served in the
HCC Zone, HCC-2 Zone, and/or NB Zone, provided that the following
rules, regulations and specifications are met.
A. All outdoor dining areas shall be limited to not more than 20% of
the total maximum permitted seating for the establishment.
B. All outdoor dining areas shall be immediately adjacent to the principal
restaurant.
C. No outdoor dining area:
(1)
Shall be located within any public right-of-way;
(2)
Shall provide less than four feet of clear, unobstructed passageway
between tables and chairs and any street trees, bicycle racks, signposts
or other fixture or obstruction, which unobstructed passageway may
be increased by the applicable land use board in the interests of
safety;
(3)
Shall be not less than eight feet from any driveway and/or parking
area, excluding designated passenger drop-off and pickup areas; and
(4)
Shall be set back not less than 50 feet from a site entry point
or street intersection.
D. The highest standards of cleanliness of the outdoor area shall be
maintained at all times, including frequent litter removal, within
and around and beyond the subject property. A plan for litter removal,
trash handling, and overall cleanliness and maintenance must be submitted
together with the application. No outdoor storage of refuse shall
be permitted.
E. The hours for outdoor service shall be the hours the establishment
is open. No tables, chairs, benches or other equipment used shall
be attached, chained or in any manner affixed to any tree, post, sign,
curb or sidewalk.
F. Noise shall be kept at such a level as to comply with all provisions
of the Borough ordinances relating to noise as well as all applicable
State statutes. No outdoor music, public address system, loud speakers
or any other type of exterior sound systems shall be permitted. No
live entertainment shall be permitted.
G. Lighting servicing the outdoor dining shall be kept at the minimum necessary to ensure the safety of the public and patrons of the establishment. No lighting provided specifically for outdoor dining shall spill onto adjacent residential properties. All lighting shall be directed towards the principal restaurants and shall otherwise comply with §
371-33 of the Site Plan Review Ordinance.
H. Outdoor dining shall not be permitted if it will interfere in any
way with the peace and quietude of nearby residences.
I. Low barriers of a temporary nature may be placed at the edge of the
seating area during business hours so long as there is no interference
with public safety or pedestrian movement patterns.
J. No food or drinks served or consumed at locations permitted for outdoor
dining shall be prepared or stored other than in the interior of the
eating establishment.
K. The tables and chairs shall be sturdy and of sufficient strength
to be used for the purpose intended.
L. No tables or chairs shall be placed in existing parking spaces.
M. No direct sales to patrons through an opening in walls or windows
shall be permitted.
N. There shall be a minimum fifty-foot buffer between the lot on which
an outdoor dining area is proposed and an adjacent lot developed with
a residential structure.
O. The outdoor dining operation shall be operated and maintained by
the same person who operates and maintains the related restaurant
establishment of which the outdoor dining is a part and extension
thereof.
P. "BYOB" is permitted in outdoor dining but only with the consumption
of food; establishments with valid liquor licenses may serve alcohol
at outdoor dining seating without the consumption of food.
Q. All necessary amendments to liquor license applications with regard
to the description of the area of the licensed premises shall be made
and approval for such obtained prior to the service of alcohol in
the outdoor dining area which is a part of the premises for which
a liquor license has been previously issued.
R. There shall be no additional signage on the premises or on the furnishings
and equipment utilized as part of the outdoor dining operation.
S. There shall be no tables or chairs located within 30 feet of any
curb or paved portion of a County road.
T. Where outdoor dining is proposed to be located directly adjacent
to parking spaces which provide for head-on parking or parking angled
towards the proposed outdoor dining area, protective bollards or barriers
as approved by the Borough Engineer or Land Use Board as part of a
permit shall be required.
All outdoor dining permits shall be issued for the period commencing
April 15 at 12:01 a.m. and ending November 1 of that particular year.
Permits may be renewed annually by the filing of an application in
accordance with the provisions of this Article.
Any person convicted of a violation of any of the provisions
of this Article shall be subject to a fine not to exceed $500, with
a minimum fine of $100. Each violation of a provision of this Article,
and each day that a violation continues, shall constitute a separate
offense.
The Zoning Code Enforcement Official shall be responsible for
permitting and the collection of fees. This article shall be enforced
by the Zoning Officer, the Police Department, the Board of Health
as to the sanitary code, the Superintendent of Public Works as to
trash, litter and recycling regulations, the Borough's Fire Safety
Official, the Borough's Code Construction Official or any other Borough
official as designated by the Borough Council.