[Adopted 1-17-2017 by Ord. No. 2845-17]
Cold-weather enclosures shall be permitted to encroach upon the public sidewalks within Maplewood upon the following terms and conditions:
A. 
Cold-weather enclosures shall not be erected before November 1 of any calendar year and must be taken down and stored by May 1 of the subsequent calendar year.
B. 
An application for a cold-weather enclosure shall be made to the Township Clerk for review and approval by the Township Construction Official. The application shall include architectural drawings by a licensed architect or manufacturer's drawings. The submitted sketch or drawing shall have dimensions prepared to scale, locate all utility locations, such as light poles, fire hydrants, benches and planters and/or any other item placed in the sidewalk which may affect the walking area in front of the establishment where the proposed cold-weather enclosure is to be located.
C. 
All cold-weather enclosures must comply with Americans With Disability Act regulations and the Uniform Construction Code.
D. 
All cold-weather enclosures shall not encroach more than four feet from the curb in order to maintain a four-foot pedestrian passageway that is unobstructed by trees, light poles, trash receptacles, sign posts, planters, or similar structures that interfere with the ability to have a full four-foot clearance.
E. 
All cold-weather enclosures must provide two means of egress.
F. 
All cold-weather enclosures must be maintained in good condition with no rips, tear or other unattractive appearance issues. If the cold-weather enclosure becomes damaged or deteriorate in condition, it must be repaired, replaced or removed to provide a compliant structure.
G. 
The design of all cold-weather enclosures located within the Maplewood Village Special Improvement District must be approved by the Maplewood Village Alliance, which approval must accompany the application.
H. 
Any snow or ice shall be removed from the area between the cold-weather enclosure and the street curb to allow free passage to all pedestrians.
I. 
Removal of snow and ice shall be done promptly and thoroughly in compliance with all Township ordinances for snow removal.
J. 
Any graphics proposed on the cold-weather enclosure are to be included in the initial application. A business address of the establishment is to be visible at all times. If the enclosure obstructs the street number of the building, it is to be included with the graphics proposed.
K. 
The application shall include a certificate of insurance naming the Township of Maplewood, 574 Valley Street, Maplewood, New Jersey 07040, its agents, officers, servants, representatives, employees, as an additional insured with respect to the operation and maintenance of the enclosure. Said certificate of insurance shall be in an amount not less than $3,000,000 for bodily injury and property damage.
L. 
An annual application fee of $350 must be submitted with each permit application.
M. 
Violations and penalties.
(1) 
Any person found to be in violation of the provisions of this article shall be subject to a fine as follows:
(a) 
First offense: $250.
(b) 
Second offense: $500.
(c) 
Any subsequent offense: $1,000.
(2) 
Each day of violation shall be deemed a separate offense.
N. 
All licensees erecting a cold-weather enclosure be and are hereby required to maintain all sidewalks in or about the area of the cold-weather enclosure, including power washing the sidewalks in May of each year when the cold-weather enclosure is removed.
[Added 7-16-2019 by Ord. No. 2962-19]