[§§ 429-166—429-174 adopted 12-6-2016 by Ord. No. 2016-08]
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.
A.
Application for the permit required hereunder shall be made to the
Zoning Code Enforcement Official and shall be signed by the applicant.
The application must be renewed annually and shall be on prescribed
forms and shall contain the following information.
(1)
Details of trade, corporate, business or fictitious name upon
which the applicant does business as a restaurant, café, cafeteria
or place of business where food and/or other refreshments are served,
including the address and phone number of the person responsible for
the application.
(2)
General layout of tables and chairs, and low barrier if proposed,
showing dimensions of tables, chairs and overall area, as related
to building façade, sidewalk, existing poles, news boxes, trees
or other sidewalk installations.
(3)
A detailed narrative and plan of relevant information, describing
method of service, proposed hours of service outdoors, method of litter
control and trash handling for outdoor service and proposed plan for
storage of chairs and tables.
(4)
Photographs or diagrams of tables, chairs, etc., to be utilized,
showing style, design, materials, size and colors.
B.
The Zoning Code Enforcement Official and the Borough Engineer will
review the application for completeness and compliance with the terms
of this Article. The Zoning Code Enforcement Official will act upon
the same within 20 business days of the submittal of a complete application.
If the application is not complete, the Zoning Code Enforcement Official
will so notify the applicant within 20 business days of the submission
and specifically detail the areas in which the application lacks compliance
with the requirements of this Article.
C.
For each application the Zoning Code Enforcement Official and the
Borough Engineer may approve the application and recommend a permit
be issued by the Building Department or may approve the application
with amendments and conditions or may disapprove the application.
Appeal of any action taken by the Zoning Code Enforcement Official
may be made to the Paramus Zoning Board of Adjustment.
D.
In processing applications, the Zoning Code Enforcement Official
shall confer as it deems necessary with the Borough Engineer, Building
Department, Police and Fire Departments and Zoning and Planning Departments,
and shall use as criteria for decision making the following parameters:
(1)
Pedestrian safety.
(2)
Vehicular safety.
(3)
Public safety.
(4)
Design, material, color, layout aesthetics and architectural
conformity.
(5)
Acceptability of the management plan for cleanup, litter control
and trash handling.
(6)
Impact on existing landscaping.
(7)
Any potential interference with police or fire safety access.
(8)
Overall impact on the peace and quiet enjoyment of surrounding
properties.
A.
The permit shall be personal to the applicant, and any change or
transfer in the ownership interest of the business entity or establishment
utilizing the license shall terminate the license and shall require
a new application and a new license in conformance with all of the
requirements of this Article.
B.
Acceptance of the permit by the applicant shall operate as a consent
to the health, fire, police and building officials of the Borough
to inspect the establishment for continued compliance with the terms
and conditions of this Article and any Federal, State, County or local
law, article or regulation affecting the same.
A.
Insurance.
(1)
Applicant must have a comprehensive general liability insurance
policy issued by a company authorized to do business in the State
of New Jersey in effect at the time of the application and show proof
thereof. If the restaurant operator is not the property owner, then
the property owner must likewise have insurance in effect at the time
of application by the restaurant operator. The Borough of Paramus
must be designated as an additional insured on the operator's policy
as well as on the property owner's policy affording the coverage set
forth below in the amounts specified:
(2)
The insurance coverage required by this section shall at all
times be maintained for the full amount. The policy of insurance required
by this section to be filed with the Zoning Code Enforcement Official
shall contain a clause obligating the company issuing the same to
give not less than 30 days' written notice to the Borough Clerk before
cancellation or amendments of any of the terms thereof. Notice of
cancellation shall not relieve the company issuing such policy of
liability for any injury or claim arising.
B.
The applicant shall also file with the Zoning Code Enforcement Official
a statement agreeing to indemnify and hold harmless the Borough of
Paramus, its agents, servants, representatives or employees from any
or all claims, damages, judgment costs or expenses, including attorney's
fees, which they or any of them may incur or be required to pay because
of any personal injury, including death, or property damage suffered
by any person or persons as a result of or related in any way to the
operation and maintenance of the outdoor dining for which the license
is issued.
A.
The applicant shall pay a non-refundable application fee of $300
for each application or annual renewal. Such fee shall be payable
whether the application is approved or not.
B.
The applicant may also be required to post an escrow fee of $500
for the engineering review of the application by the Borough Engineer.
A.
Applicable businesses as set forth in § 429-166 are permitted to place benches for patrons awaiting seating, so long as an application as set forth above is submitted and all other parameters of this Article are satisfied.
B.
It is solely the responsibility of the proprietor of the establishment
to obtain Board of Health approval, if necessary.
C.
Seasonal outdoor dining as permitted by permit issued pursuant to
this section shall in no way affect the parking requirements of the
establishment.
D.
An amended application is permitted, but changes to the approved
plan shall not be permitted without receiving approval of such amended
application.
E.
Any permit issued hereunder is issued solely as a revocable permit,
which shall be subject to revocation or suspension by the Zoning Code
Enforcement Official for failure of any licensee to comply with this
Article or for violation of any other applicable federal, state, county
or municipal law, regulation or ordinance. Any permit issued hereunder
is issued upon the express understanding that the permittee obtains
no property right thereunder, nor any interest in the continuation
of said permit.
F.
In addition to the powers of revocation or suspension as set forth
above, the Borough reserves the right to modify, suspend or revoke
any license on 10 days' written notice if the Borough determines that
pedestrian traffic is, in fact, impeded or made unsafe because of
the outdoor dining or because of any other safety issue or noise complaints
which the Borough determines adversely affects the residents of the
Borough as a result of such operation. The license may also be suspended
or revoked on 10 days' written notice, in the event that the Borough
determines that it is necessary to utilize the area or any part thereof
in connection with construction activity, utility repairs or improvements,
special events, or any other reason deemed necessary by the Borough.
In the event of an emergency, which emergency is certified by the
Borough Administrator, the permit may be suspended or revoked without
notice.
G.
The permittee is required to display the permit certificate prominently
in the front window of the establishment. Failure to properly display
the requisite permit certificate shall result in suspension or termination
of the license by order of the Zoning Code Enforcement Official.
H.
The licensee agrees at the end of the permit period, or in the event
that the permit is temporarily or permanently suspended or revoked,
that the licensee will, at his own cost and expense, remove all tables
and chairs from any outdoor dining area and vacate any public right-of-way,
if applicable. Failure to do so by 10:30 p.m. on the day in which
written notice is received shall grant to the Borough the right to
remove any such tables, chairs or property used in connection with
outdoor dining, and the permittees agree to reimburse the Borough
for the cost of removing and storing the same.
I.
When referenced herein, the definition of "sidewalk" shall include
both sidewalks located in the public right-of-way and sidewalks located
on private property outside of any public right-of-way.
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.
