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:
(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]