[Added 7-13-2020 by Ord. No. 2020-5]
As used in this section, the following terms have the meanings
indicated:
A designated area on the premises of a retail food establishment
or restaurant, but outside the principal building, and where patrons
may sit at tables while consuming food and beverages.
Permit required.
a.
A temporary
outdoor dining area as defined in this section may be established
for permitted restaurants and retail food establishments in the C-N
Neighborhood Commercial, the MU Mixed Use, the SED Special Improvement
District and the MR Marine Recreational-Residential Zones.
b.
No person
shall operate an outdoor dining area without a permit from the Borough
of South Toms River. A permit is valid for a twelve-month period from
date of issuance, but outdoor dining is limited to the period of May
1 through November 30 of each calendar year.
c.
Applicants
shall apply for permit approval in accordance with the provisions
of this chapter. All such applications must be approved by the Zoning
Officer and shall be referred to the Chief of Police and Fire Marshall,
who shall provide the Zoning Officer with written reports of their
opinions and recommendations regarding the application.
d.
Applicant
shall meet the general ordinance requirements and all other laws,
rules, regulations and codes applicable to the proposed activity.
e.
Any restaurant
or retail food establishment which has previously received approval
by resolution of the Land Use Board for outside seating is exempt
from the above permitting requirement. This exemption applies only
for the specified number of seats permitted in the approving resolution.
f.
Outdoor
dining areas located on public sidewalk or public right-of-way or
fire lanes are prohibited.
g.
An application
andpermit shall be required for all outdoor dining areas.
1.
All
permits required by this section shall be applied for and obtained
from the Office of the Zoning Officer.
2.
The
applicant proposing to establish an outdoor dining area must provide
current licensed occupancy.
3.
The
applicant shall submit to the Zoning Officer a layout of the proposed
seating areas, which shall include a depiction of all aisles, clearance
between tables and the seating areas; location of food prep or service
area; and means of ingress and egress. The applicant shall also detail
proposed barriers such as large planters or shrubs, proposed furniture,
umbrellas, awnings, signage and other furniture proposed, decorative
fencing or vehicle barriers designed to enclose the eating area.
4.
The
applicant shall detail plans to control litter and waste.
h.
All outdoor
dining areas shall comply with the following rules, regulations, and
specifications.
1.
The
Zoning Officer shall review each application to ensure that the proposed
operation of the outdoor dining area will not interfere with pedestrian
or vehicular traffic. Six feet of unobstructed sidewalk should be
provided with the exact width being determined by the Zoning Officer
as he deems it to be appropriate to promote pedestrian or vehicular
safety. However, in no event shall the unobstructed sidewalk be less
than four feet.
2.
The
outdoor dining area shall be operated and maintained in accordance
with the outdoor seating plan as finally approved, and by the same
person who operates and maintains the abutting retail food establishment.
3.
Any
proposed outdoor seating shall serve as a substitute for permitted
indoor seating. The total existing permitted occupancy of the restaurant
or retail food establishment shall not be increased by the establishment
of an outdoor dining area.
4.
No furniture,
apparatus, decoration, or appurtenance used in connection with the
operation with the outdoor dining area shall be located in such a
way as to impede the safe and speedy egress to or from any building
or structure.
5.
The
outdoor area used by the outdoor dining area shall be kept clean and
free of litter and shall be washed as required.
6.
Noise
shall be kept at such a level as to comply in all aspects with the
provisions of applicable ordinances of the Borough.
7.
Outdoor
dining areas shall be permitted to operate from 7:00 a.m. until 10:00
p.m. Monday through Thursday and 7:00 a.m. until 11:00 p.m. Friday
through Sunday during the months of May through November.
8.
Furniture,
apparatus, decorations, and appurtenances must be secured to prevent
uplift due to wind during hours of operation and at closing a specific
breakdown process must be implemented to assure same.
9.
No canopies
or tents will be permitted in the outdoor dining area. Tables are
permitted to have umbrellas.
10.
No
outdoor bar or serving stations that require plumbing or electric
are permitted.
11.
Applicants
must comply with all ABC regulations and permit requirements pertaining
to outdoor alcohol beverage sales and consumption. Any served or BYOB
beverages must remain within approved designated areas.
12.
Outdoor
dining areas shall be solely an extension of the permitted business
use within the adjacent building or storefront.
The outdoor dining area permit fee shall be $150 and shall be
paid annually.
[Added 8-24-2020 by Ord.
No. 2020-7]
Notwithstanding any provision to the contrary in the Chapter 26 of the Borough Code, sidewalks and curbing shall be required along all street frontages as a condition relating to any minor subdivision, major subdivision, minor site plan or major plan approval granted by the South Toms River Borough Land Use Board. The proposed curbing and/or sidewalk shall be designed and constructed in accordance with the requirements of § 26-4 of the Borough Code.
[Added 8-24-2020 by Ord.
No. 2020-7]
a.
Any developer seeking minor subdivision, major subdivision, minor
site plan and/or major site plan approval may request a waiver of
the requirement of install curbing and sidewalks along the street
frontages of the subject property by agreeing to pay a sum to the
South Toms River Borough Pedestrian Safety Fund equal to the cost
of said curbing and sidewalk. Said cost shall be determined by the
Borough Engineer based on documented construction costs for public
improvements prevailing in the general area of the municipality.
b.
In determining whether to grant the requested waiver and accept a
payment in lieu of the installation of sidewalk and curbing, the Land
Use Board shall consider the following factors:
1.
The presence or absence of curbing and sidewalks in the general vicinity
of the subject property.
2.
The practical difficulty as established by the applicant for installing
such improvements in or adjacent to the subject property due to exceptional
topographic conditions, drainage concerns, and/or the deleterious
impact to surrounding properties as a result of the installation of
such improvements.
3.
The recommendation of the Board or Borough Engineer.
[Added 8-24-2020 by Ord.
No. 2020-7]
a.
There is hereby established the South Toms River Borough Pedestrian
Safety Fund (hereinafter "Fund").
b.
Said Fund shall be dedicated to pay for the cost of designing and
constructing various pedestrian safety projects within the Borough
of South Toms River.
c.
All monies paid by developers in accordance with this section shall
be deposited into the Fund.
d.
The Chief Financial Officer of the Borough is hereby directed to
establish and maintain the Fund and to make disbursements upon the
request of the Borough Engineer for designated pedestrian safety improvements.
[Added 10-26-2020 by Ord.
No. 2020-11]
Tattooing and Body Piercing Facilities shall be a permitted
use in the C-N Zone, M-U Zone, and SED Zone.
