[Adopted 8-19-1997 by Ord. No. 10-97A]
[1]
Editor's Note: Pursuant to Ord. No. 20-97, adopted 12-16-1997, the sections contained in this article were renumbered from §§ 208-29 through 208-35 to §§ 208-24 through 208-30, respectively.
The sidewalk cafe regulations as set forth in this article are designed to permit sidewalk cafes to be established on public or quasi-public property in locations where they shall be determined to be appropriate by these regulations and, considering all applicable related ordinances, in order to promote and protect the public health, safety and general welfare. The general purposes of these regulations shall include, but are not limited to, the following specific purposes:
A. 
To ensure that adequate space will be provided for pedestrian circulation through areas where sidewalk cafes are established and to ensure adequate access to adjoining properties and businesses.
B. 
To encourage the establishment of sidewalk cafes as one means of developing a pleasant and distinctive shopping atmosphere.
As used in this article, the following terms shall have the meanings indicated:
SIDEWALK CAFE
The extension of the services of an existing restaurant preparing and serving foods for consumption within an existing building to the extent that food is permitted to be served and consumed at tables placed on the public sidewalk adjacent to and within the confines of the frontage of that portion of the building in which the restaurant is situated. A sidewalk cafe may contain readily removable tables, chairs, temporary railings and planters but shall be otherwise unenclosed by fixed walls and open to the air, except for retractable awnings, umbrellas or other nonpermanent covers, provided that such covers do not interfere with pedestrian circulation.
[Amended 12-21-2010 by Ord. No. 10-24]
Any person, firm or corporation may operate a sidewalk cafe (hereinafter called a "cafe") within the Borough of Florham Park in any zone in which such use is permitted on the sidewalk adjacent to an existing restaurant operated by such person, firm or corporation upon obtaining a license from the Borough Clerk. Such license may be renewed annually.
A. 
Application and fee. Each applicant for a license shall submit a letter of application together with three copies of a development plan for the cafe and a nonrefundable fee of $100 to the Borough Clerk. The letter of application shall state the name and address of the applicant, the property owner if other than the applicant, the person preparing the development plan and the written authorization of the owner of the property to submit the application if the applicant is not the owner.
B. 
Development plans. The following information shall be shown on all development plans:
(1) 
The applicant's entire property and adjacent properties, including public streets.
(2) 
The design and location of all temporary structures proposed, including tables, chairs, planters, awnings and other equipment, as well as lighting and electrical outlet locations, if any.
(3) 
The capacity of existing restaurant and proposed cafe.
(4) 
A proposal for providing adequate pedestrian circulation.
C. 
Referral of development plans. Prior to the issuance of a license pursuant to this section, the development plans and application shall be referred to the Construction Official who shall recommend to the Borough Administrator approval, disapproval or modification of said plans within 10 days of the submission of the plans.
D. 
Conditions for issuance of license. Upon approval by the Borough administration of the application and plans submitted by the applicant pursuant to this section, the Borough Clerk shall issue a license to the applicant, provided that the applicant has furnished the Borough of Florham Park the following:
(1) 
An agreement by the applicant to repair any damage caused to the sidewalk in the operation of the cafe at the expense of the applicant. The Borough administration may require a bond to be filed by the applicant in an amount to be fixed by the Borough administration.
(2) 
An agreement by the applicant indemnifying the Borough against loss, including costs and expenses, resulting from injury to person or property as a direct or indirect result of the operation of the cafe or for injury to person or property occurring on the premises occupied by the cafe. The applicant shall provide an insurance policy to the Borough in the amount of $500,000, which amount shall be stipulated on the liability policy naming the Borough as coinsured.
E. 
Rules, regulations and specifications. A cafe authorized and operated pursuant to this section shall comply with all of the following rules, regulations and specifications:
(1) 
The applicant and/or operator shall fully comply with all plans submitted and approved by the administration under the terms of this section.
(2) 
(Reserved)[1]
[1]
Editor’s Note: Former Subsection E(2), regarding removal of furniture, utensils, customers or other materials by 10:00 p.m., was repealed 12-21-2010 by Ord. No. 10-24.
(3) 
The area of operation shall be kept clean and free of litter. Sidewalks shall be washed daily, and trash receptacles shall be provided as approved by the Borough administration.
(4) 
Music is not permitted in or around the area.
(5) 
The operator shall maintain the following setback distances from the curb, free of any obstruction, in the following locations:
(a) 
In locations abutting quasi-public thoroughfares, i.e., shopping centers and parking lots, a distance of 36 inches.
(b) 
In locations abutting public streets where the speed limit does not exceed 25 miles per hour, a distance of 72 inches.
(c) 
In locations abutting public streets where the speed limit is between 25 miles per hour and 35 miles per hour, a distance of 144 inches.
(d) 
In locations abutting public streets where the speed limit is in excess of 35 miles per hour, sidewalk cafes shall be prohibited.
(6) 
Umbrellas, if used, must be anchored and/or weighted down in such a manner to prevent them from dislodging and injuring a pedestrian or damaging autos.
(7) 
The operator shall comply with all the requirements of N.J.A.C. 8:24-1 et seq., also known as Chapter XII of the New Jersey State Sanitary Code, and N.J.S.A. 24:15-1 et seq.
(8) 
The operator shall comply with all other ordinances of the Borough of Florham Park, inclusive.
Upon a finding by the Borough administration or Zoning Officer that an applicant has violated any provisions of this article, the Borough administration or Zoning Officer shall give notice to the applicant to correct said violation within 24 hours of receipt of said notice by the applicant. Upon failure to correct said violation within 24 hours, the Borough administration may revoke the applicant's license issued pursuant to this article. Upon the revocation of such license, the applicant shall be entitled to a hearing and notice thereof, if such is requested, within five days of revocation.
The area encompassed within a cafe authorized pursuant to this article shall be considered duty licensed for sale and consumption of alcoholic beverages, provided that approval for the same has been obtained from the Borough of Florham Park. Such approval is separate from and must be obtained in addition to the license to operate a sidewalk cafe issued pursuant to this article.
Each violation of a section or subsection of this article shall constitute a separate and distinct violation independent of any other section or subsection or any order issued pursuant to this article. Each day's failure to comply with any such section or subsection shall constitute a separate violation. Any person violating the provisions of this article shall be punished as provided in Chapter 1, § 1-16, of this Code.