The Edgewood Borough Council encourages attractive, functional,
and economically vital community and shopping areas that are safe
and pleasant environments to live near and to do business within.
The current Code does not allow sidewalk cafes. Council believes that
sidewalk cafes can contribute to a pedestrian-friendly community if
they conform to specific public health and safety requirements defined
herein. This chapter permits and regulates outdoor dining on the public
right of way within the Borough. This chapter does not regulate outdoor
dining on private property.
For the purpose of this chapter, the following terms shall have
the following meanings:
ABUTTING PROPERTY
Property contiguous to a public street right-of-way on which
a sidewalk cafe will be operated under the terms of this chapter.
OWNER
Includes any owner of fee simple title, part owner, joint
owner, tenant in common, tenant in partnership, joint tenant or tenant
by the entirety of the whole of the land contiguous to the street
right-of-way on which a sidewalk cafe is to be operated under the
authority of this chapter. An authorized agent of the owner may act
for the owner under this chapter.
PEDESTRIAN WALKWAY
That paved portion of a sidewalk area which is free of any
obstruction, fixture, or appurtenance and is used for pedestrian travel.
PERSON
Includes a partnership, corporation, association, trust,
estate, or other legally recognized entity, as well as an individual.
PUBLIC SERVICE FACILITY
A public telephone, mailbox, bench, or other facility provided
for the use of the general public.
RESTAURANT
A food service establishment where food is purchased and
served in individual portions for consumption on the premises. This
term shall not include an establishment which operates exclusively
as a caterer, a commissary, a food processing establishment, a mobile
food unit, a retail food store, or a temporary food service establishment.
SIDEWALK
Any paved area between the curbline and a structure, whether
publicly or privately owned, which is used by the public or open to
use by the public.
SIDEWALK CAFE
An outdoor dining area operated by a restaurant, which has
tables that seat one or more patrons, is with or without wait staff
for its patrons, and is located on a sidewalk area or other designated
public place.
No person shall engage in the operation of a sidewalk cafe without
first applying for and obtaining a permit from the Borough of Edgewood
("Borough") and then operating within the terms and conditions of
all applicable Borough ordinances. The sidewalk cafe permit enables
a restaurant to have outdoor dining consistent with the terms herein
during the calendar year for which the permit is issued.
Each applicant for a permit under this chapter shall submit
an application on a form provided by the Borough, and plans for the
sidewalk cafe to the Borough, which shall issue a permit upon compliance
with the terms and conditions of this chapter. Applications for sidewalk
cafe permits shall include the following:
A. The name of the applicant, the relationship of the applicant to the
restaurant to which the cafe is accessory (owner, manager, etc.) and
the street address of the property where the sidewalk cafe is proposed.
If the applicant is other than the owner of the building abutting
the location of the proposed sidewalk cafe, the applicant must provide
written authorization from the property owner stating that the property
owner has no objection to the sidewalk cafe.
B. A copy of the current business license.
C. A site plan with dimensions showing:
(1) The entirety of the sidewalk abutting the property of the owner showing
sidewalk widths.
(2) The frontage of the property proposed for the sidewalk cafe.
(3) All existing sidewalk features including, but not limited to, trees,
utility poles, sign poles, fire hydrants, permanent litter receptacles,
and mailboxes.
(4) The limits of the proposed sidewalk cafe site, the size and location
of all proposed tables and chairs, and the proposed pedestrian walkway.
D. The seating capacity of the proposed sidewalk cafe.
E. Three color photographs showing the complete area of the sidewalk
and building facade from three different angles.
F. A copy of certificates of insurance required to be provided.
G. Other information as may be determined by the Borough.
Upon finding by either the Borough Manager, Code Enforcement
Officer or Borough Police Department that an applicant has violated
any provisions of this chapter, the Manager, Code Enforcement Officer
or Police Department shall give written notice to the applicant to
correct said operational violation. Upon failure to correct said operational
violation within the time frame specified, the Manager, Code Enforcement
Officer or Borough Police Department may take appropriate action,
as necessary, to maintain the pedestrian walkway. The Borough Manager,
Code Enforcement Officer or Police Department may suspend the applicant's
permit issued pursuant to this chapter, as well as pursue prosecution
in accordance with the requirements herein. The Borough Manager, Code
Enforcement Officer or Police Department may give a violator reasonable
time to correct and violation of any provision of this chapter. An
appeal before Borough Council shall be accorded if requested.