[HISTORY: Adopted by the Township Council of the Township of Willingboro 5-17-2016 by Ord. No. 2016-7. Amendments noted where applicable.
Planning and Zoning Boards — See Ch. 60.
Fences — See Ch. 155.
Food establishments — See Ch. 179.
Land subdivision and site plan review — See Ch. 205.
Noise — See Ch. 231.
Parking — See Ch. 248.
Property maintenance — See Ch. 272.
Signs — See Ch. 297.
Streets and sidewalks — See Ch. 328.
Zoning — See Ch. 370.
The purpose of this chapter is to permit certain outdoor eating facilities adjacent to existing restaurants and businesses selling prepared food in order to encourage the viability of restaurants and food-service establishments and to enhance the vitality of the Township of Willingboro.
The provisions of this chapter apply only to outdoor eating facilities on public property and/or within the public right-of-way. Outdoor eating facilities proposed for private property must be approved under the site plan and other applicable zoning regulations pursuant to Chapter 370 of the Code of the Township of Willingboro.
Outdoor eating facilities regulated by this chapter shall only be operated by, and adjacent to, existing, approved, indoor restaurants and/or retail stores which sell food or drink that is ready to consume.
All outdoor eating facilities permitted by this chapter must comply with the following:
A safe, continuous, and level path on the public right-of-way (sidewalk) shall be maintained for pedestrian traffic to pass in front of the property operating the outdoor eating facility. Such path must be not less than four feet in width between the most forward edge of any furniture or other items and any existing and proposed features, such as trees, tree wells, planters, benches, trash cans, signs, hydrants, utility poles, curb lines, and similar publicly installed fixtures or other items in the right-of-way.
No outside furniture or other items may be located within three feet of the curb line.
All outside furniture or other items shall be removed from the public right-of-way (sidewalk) at the end of business each day and stored inside the business.
Logos, words, signs or symbols may not be visible on any furniture or other outdoor items.
All trash and litter must be contained, cleaned up and/or removed for appropriate storage so that there is no blowing paper or other trash on or coming from the site.
Disposable items including, but not limited to, dishes, cutlery, cups, table covers, and napkins:
Shall not be used as part of any outdoor eating facilities where employees of the business serve patrons.
May be used by patrons using outdoor furniture where food and drinks are obtained inside the business premises and there is a satisfactory plan to insure that these disposable items do not become litter. Businesses meeting this requirement must include appropriately located trash receptacles in their plan along with regular monitoring and cleanup by employees of the business.
Pedestrian traffic shall not be impaired due to the operations of serving food and drinks or during set up or removal of the outdoor furniture and items.
There must be a satisfactory operating plan that covers the following:
It shall be unlawful to place furniture and other items on the outside of any property to be used in connection with a proposed, or existing outdoor eating facility in the Township of Willingboro without first making application for and obtaining an outdoor eating facility permit.
All businesses desiring to operate an outdoor eating facility shall obtain permission therefor annually on a calendar-year basis from the Township of Willingboro by submitting a written application to the Zoning Officer. All applications for outdoor eating facility permits shall be submitted on such forms and in such forms and in such quantity and with such attachments as may be required by the Township of Willingboro. The application will contain a hold-harmless provision, as determined by the Township Solicitor that the applicant must agree to as part of the application.
The fee for an initial outdoor eating facility permit application shall be $50. The fee for a renewal application for substantially the same arrangement shall be $25 each year thereafter. For an application to be considered a renewal application, it must include substantially the same information as was on the initial application.
Once an application for an outdoor eating facility permit is submitted, the Zoning Officer shall review it within 10 days in order to determine whether it is complete. A complete application for an outdoor eating facility permit shall consist of the following terms:
A scale drawing of:
The entire right-of-way from the building facade to the curbline in front of the building (or other proposed outdoor location) where approval for an outdoor eating facility is desired.
The location of all existing and proposed features such as trees, tree wells, planters, sidewalk materials and conditions, sidewalk width, benches, trash cans, signs, hydrants, utility poles and similar publicly installed fixtures.
The location, size, layout, etc., of proposed tables, chairs, umbrellas, storage items, etc.
Drawings, photographs, or catalog cuts of the proposed tables, chairs, umbrellas, storage items, including colors, fabrics, materials, etc.
Details of the operational plan for serving of food and drinks, for cleaning any accumulation trash, garbage and/or litter; for ensuring that pedestrian traffic will not be impaired; and for removing all tables, chairs, storage items, and other items which must be removed when the operations cease each day.
A certificate of insurance or written commitment from the applicant's insurer that a certificate of insurance will be issued upon approval of the permit, providing for a minimum $1,000,000 of general liability coverage applicable to the outdoor eating facility and including written provision including the Township of Willingboro as an additional named insured to cover any claims related to the outdoor eating facility, in order to safeguard and protect the public.
Signature of the applicant or the owner of the proposed outdoor eating facility (who is presumed to be the applicant).
Signature if the owner, or designated representative, of the tax lot for which the application is made.
Once the Zoning Officer has deemed the application complete, such Officer shall review the application to determine if it conforms to the appropriate sections of this chapter. The Zoning Officer shall then issue a written decision indicating whether the proposed outdoor eating facility is in conformance and what aspects, if any, of the proposed facility are not in conformance.
Any applicant whose application for an outdoor eating facility permit has been deemed incomplete by the Zoning Officer; or has been deemed to be nonconforming by the Zoning Officer, may appeal such decision, in writing to the Willingboro Township Zoning Board.
All such appeals shall be made within 30 days of the date of the written decision upon which the appeal is based, and shall be on such forms as may be required by the Planning Board.
The Planning Board may, in its review of a written appeal, consider the Zoning Officer's written denial; and any other information deemed to be relevant to the Board's review.
The decision of the Planning Board shall be transmitted, in writing, to the applicant.
All outdoor eating facilities shall be maintained and operated by the permit holder according to the approved permit. This maintenance shall include keeping the furniture and other items clean and in good repair, as necessary.
If the Zoning Officer determines that any outdoor eating facility is in a state of disrepair, unclean or not in compliance with the operating plan, layout and approved items per the permit, the Zoning Officer shall give written notice to the permit holder of the unsatisfactory condition of the facility and/or the violation of the terms of the permit.
The permit holder shall thereafter have five days to correct the unsatisfactory condition or permit violation. If the unsatisfactory condition or violation is not so corrected within the five-day period, the Zoning Officer may thereafter suspend the permit, and the outdoor eating facility must cease operation. No furniture or other items may be placed in the right-of-way until the Zoning Officer agrees that the violation is corrected.
The Zoning Officer shall also report the violation to the Township Council who may, at its discretion, revoke the permit, continue the suspension or lift the suspension, pursuant to the provisions of this chapter.
The Zoning Officer may, in addition to suspending the permit or, as an alternative, file a Municipal Court complaint against the permit holder.
The Zoning Officer may file a complaint in Municipal Court against any individual or entity that places furniture or other items in the right-of-way for the purpose of operating an outdoor eating facility as provided for in this chapter, without obtaining a permit pursuant to this chapter.
Any person who violates any part of this chapter, or does any act or thing prohibited, or refuses to do any act required to be done, or refuses or fails to comply with an order of the Zoning Officer, or an order of the Board with jurisdiction in this chapter, shall, upon conviction thereof before any judicial officer authorized to hear and determine the matter, be subject to the penalties provided in § 1-15 of the Code of the Township of Willingboro. Whenever such person shall have been officially notified by the Zoning Officer or by service of a summons in a prosecution, or in any other official manner, that such person is committing a violation, each day's continuance of such violation after such notification shall constitute separate offense punishable by a like fine or penalty.