City of Hoboken, NJ
Hudson County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the City Council of the City of Hoboken 6-17-2020 by Ord. No. B-274. Amendments noted where applicable.]
A. 
The Mayor and Council of the City of Hoboken recognizes the immense impact that the COVID-19 shutdown has had on our local economy and small businesses and wish to help stimulate the economic recovery by adopting immediate short-term changes to certain regulations; and
B. 
The Mayor and Council of the City of Hoboken further recognize that to maintain the health and safety of the public by continuing safety protocols such as social distancing, changes must be adopted that help local businesses remain viable.
A. 
The provisions in this chapter shall take effect immediately upon adoption of the chapter as provided by law.
B. 
This chapter shall expire on December 31, 2020, unless extended by amending ordinance approved by the City Council and the Mayor of the City of Hoboken.
C. 
The provisions of this chapter are not intended to abrogate Chapter 168, Streets and Sidewalks, of the municipal code of the City of Hoboken or any sections or subsections thereof. This chapter shall supersede, from the time of adoption until the expiration hereof, the provisions of Chapter 168 expressly noted and identified herein. Where other provisions of Chapter 168 are not specifically superseded, the underlying standards and guidelines of the chapter shall prevail.
Retail businesses and services are encouraged to use the area in front of their stores to display merchandise and conduct business pursuant to the following provisions:
A. 
Projection into sidewalk. Where sidewalks are more than 20 feet wide, retail businesses may use up to 10 feet of sidewalk space adjacent to their storefront. Where sidewalks are less than 20 feet wide, retail businesses may use the available space adjacent to their storefront provided that not less than six feet of safe unobstructed pedestrian egress is maintained.
B. 
Sidewalk displays may be set up on the sidewalk during a business's regular hours, except that no business or merchandise shall remain outside overnight between the hours of 11:00 p.m. and 8:00 a.m. except where expressly permitted and/or previously approved.
C. 
No flashing or moving lights or additional signage shall be part of the sidewalk setup. Freestanding signs as permitted by § 196-31 may be used but shall not project further into the right-of-way than the allowed projection as provided in Subsection A above.
A. 
Application; approval; fees.
(1) 
Applicants for a sidewalk cafe shall submit a completed application form and a copy of their liability insurance as required by § 168-53. All other documents normally required for application or renewal of a cafe license are waived for the term of this chapter.
(2) 
Fees for the 2020 sidewalk cafe license period, beginning January 1, 2020, and ending December 31, 2020, are hereby waived. Those applicants who have already obtained their 2020 sidewalk cafe license will have their fees paid credited to the 2021 sidewalk cafe license period.
B. 
Projection into sidewalk.
(1) 
In Zones C-1 and C-2, where the sidewalk is more than 20 feet in width, an establishment with a sidewalk cafe may utilize up to 14 feet of sidewalk adjacent to the storefront provided that not less than six feet of safe unobstructed pedestrian egress is provided. Where fixed obstruction of the right-of-way exists, such as bus shelters, trees, bike racks, utility poles and streetlights, the projection of the sidewalk cafe shall be modified to maintain six feet of pedestrian egress.
(2) 
For all other establishments where there is less than 20 feet of width, an establishment with a sidewalk cafe may utilize as much of the sidewalk as is practicable provided that not less than six feet of safe unobstructed pedestrian egress is provided. Where fixed obstruction of the right-of-way exists such as bus shelters, trees, bike racks, utility poles and streetlights, the projection of the sidewalk cafe shall be modified to maintain six feet of pedestrian egress.
(3) 
For establishments located on cross streets where six feet of pedestrian egress is not achievable, the sidewalk cafe operator shall work with the Zoning Officer or her designee to establish a safe projection on a case-by-case basis.
(4) 
Where a sidewalk cafe is located next to another commercial establishment that is not open during hours that the cafe is in operation, the sidewalk cafe may extend laterally into the adjacent sidewalk area provided:
(a) 
The operator of the sidewalk cafe has written consent from the adjacent business owner and the property owner to utilize said area; a copy of the written consent shall be provided to the City;
(b) 
Liability insurance is provided by the sidewalk cafe operator indemnifying the property owner and the City of Hoboken; and
(c) 
All entrances and exits of the buildings remain clear of sidewalk cafe equipment.
(5) 
Businesses holding liquor licenses that expand they cafe seating areas shall be responsible for obtaining expansion of premises approval from the State Alcoholic Beverage Control Board.
C. 
General provisions. General provisions set forth in § 168-50 shall continue to apply with the following exceptions:
(1) 
Partitions may be spaced differently or modified where needed to delineate the larger permitted cafe area. Partitions may be supplemented with or replaced by planters, bollards or other temporary demarcation. Where cafe demarcation is not fixed, it is the cafe operator's responsibility to make sure the pedestrian way remains clear of furniture and other cafe accessories at all times.
(2) 
Partition requirements may be waived by the Zoning Officer on a case-by-case basis.
(3) 
Partitions, planters, tables, chairs and related sidewalk cafe equipment may remain on the sidewalk overnight through September 30, 2020, provided it is broken down and properly secured against weather conditions, high winds, vagrancy and other mischief. From October 1, 2020, through the end of the year all equipment shall be removed overnight.
(4) 
Overhead covering such as awnings or umbrellas are recommended but will not be required.
(5) 
Bistro lights will be permitted through September 30, 2020, provided: they are at least seven feet above sidewalk grade, the amount of lighting does not create significant light intrusion affecting pedestrian or vehicular traffic or neighborhood residences, and all lights are turned off when the business is closed.
D. 
Hours of operation. Hours of operation shall be between 8:00 a.m. and 11:00 p.m., Sunday through Wednesday, and between 8:00 a.m. and 12:00 midnight, Thursday through Saturday. On three-day weekends where Monday is a federal holiday, hours of operation for Sunday may extend to 12:00 midnight.
A. 
Definition.
StrEATERY
A shared public space temporarily converting curbside parking space into an area specifically intended for outdoor dining where take-away food and beverages may be consumed. A streatery may be sponsored or co-sponsored by more than one business on the block or by an entity supporting local businesses.
B. 
General requirements; design standards.
(1) 
No parking space, parking lane or other portion of the public right-of-way shall be encumbered without prior approval by the Director of Transportation and Parking. No streatery shall be installed without prior approval of the City Engineer in accordance with the provisions stated herein. Use of the right-of-way along a County roadway may require consent, approval or waiver by Hudson County Division of Planning.
(2) 
Streateries shall be for seasonal use beginning April 15, weather permitting, and ending October 15 of each year. The seasonal end-date may be extended by resolution of the City Council on the advice of the Director of Environmental Services, the Chief of Police and the Office of Emergency Management.
(3) 
Streateries shall not be located within 25 feet of a crosswalk, 10 feet of hydrants or in handicap spaces or loading zones.
(4) 
The area of the streatery established by the application and approved by the City of Hoboken shall be delineated from adjacent parking spaces and the travel lane of the adjacent street using temporary crowd control barriers, bollards, poles, planters or other approved means.
Examples of acceptable delineation
(5) 
Temporary ADA curb ramps must be provided; for streateries up to 30 linear feet one ramp shall be required, for strEATERIES over 30 linear feet, two ramps shall be required.
(6) 
The road surface shall be covered with synthetic turf, solid color indoor-outdoor carpeting, or other approved street covering.
(7) 
Easily removable tables, chairs or other seating shall be provided. Tables shall be two-top or four-top only; no tables accommodating more than four persons shall be permitted. Tables and chairs shall be spaced at least six feet apart measured from the backs of opposite facing chairs.
(8) 
Shade coverings such as umbrellas or pop-up canopies may be included as part of the streatery set up provided: there is no reduction in vehicular or pedestrian visibility; no part of the shade canopy extends into the travel lane or over the sidewalk; the shade covering is anchored securely against wind; and all coverings are removed overnight. Shade covering shall not contain advertising.
(9) 
One twenty-four-inch by thirty-six-inch A-frame or similar movable sign shall be included for a streatery up to 500 square feet in size. Streateries over 500 square feet shall have two signs to be located at either end of the streatery. Signs shall be positioned on the covered surface within the boundaries of the streatery, not on the adjacent sidewalk.
(a) 
The sign(s) shall clearly state that the streatery is open to the public;
(b) 
The sign(s) may identify the sponsor(s) of the streatery;
(c) 
The sign(s) shall include guidance regarding social distancing; and
(d) 
The sign shall state that there is a ninety-minute time limit for occupants of the streatery.
(10) 
Hours of operation shall be between the hours of 8:00 a.m. and 11:00 p.m.; however, daily set-up of the streatery shall follow the street-sweeping schedule and adjust accordingly.
(11) 
All furniture, street delineation, safety equipment and road covering shall be removed at the end of each day by the responsible party.
(12) 
Failure to comply with the guidelines stated herein shall be subject to a municipal fine of up to $500 per occurrence and revocation of approval of the streatery.
(13) 
The City reserves the right to limit the number of streateries per block based on available space and the need to maintain publicly accessible curbside space on each block for other uses.
C. 
Application; approval; fees.
(1) 
An application for a streatery shall be made to the City Engineer on a form so provided by the department and made available on the City's website.
(2) 
The application shall include, at minimum:
(a) 
Designation of the responsible party by name, address, a twenty-four-hour phone number and email.
(b) 
A detailed description of the proposed location; including the start and end point of the proposed streatery related to some fixed or easily identifiable street marker;
(c) 
The length of the proposed streatery both in feet and number of parking spaces;
(d) 
The location of fire hydrants, handicap parking spaces, and loading zones and the distance from each where the streatery will be located;
(e) 
Detailed specifications for all materials to be used to delineated the streatery from adjacent parking and the travel lane; and
(f) 
The days of the week that the proposed streatery would operate.
(g) 
Proof of insurance. A certificate of liability insurance in a minimum amount of $1,000,000 per occurrence and $2,000,000 in aggregate, naming the City of Hoboken and its agents, servants, and employees as additional insured, shall be provided. Policy shall be occurrence-based coverage. Policy shall remain in full force and effect during the licensing period and shall include a thirty-day cancellation clause which shall provide notice to the City Engineer.
(3) 
Upon receipt of an application for a streatery, the City Engineer, in cooperation with the Director of Environmental Services, the Director of Transportation and Parking, and the Hoboken Police Department shall review the application and proposed setup for consistence with the design standards established herein and shall approve or deny the application within 10 business days.
(4) 
The application shall be accompanied by an application fee of $100 (This fee shall be waived for the balance of calendar year 2020).
(5) 
Upon approval, the sponsor(s) of a streatery shall remit a rental fee of $0.50 per linear foot per day, payable on a monthly basis. Monthly fees shall be paid to the Hoboken Parking Utility on the first day of each month or such other date as may be determined by the Director of Transpiration and Parking.
D. 
The City of Hoboken, by order of the Chief of Police or the Office of Emergency Management, may require a steatery to be the removal or restrict the set-up of streateries for reasons of public safety.
A. 
Definition.
PARKLET
A seasonal public seating platform that temporarily converts curbside parking space into a mini-park built as an extension of the sidewalk to create more public space and enhance the pedestrian realm. A semi-public parklet built in partnership between the City and a specific local business for their exclusive use shall be subject to a public hearing and approval by the Mayor and Council of the City of Hoboken.
Examples of parklets:
B. 
General requirements; design standards.
(1) 
No parking space, parking lane or other portion of the public right-of-way shall be encumbered without prior approval by the Director of Transportation and Parking. No parklet shall be constructed without the required building permits or installed without prior approval of the City Engineer in accordance with the provisions stated herein. Parklet construction over the right-of-way of a county roadway shall require consent, approval or waiver by Hudson County Division of Planning.
(2) 
Parklets shall be for seasonal use beginning April 15, weather permitting, and ending October 15 of each year. The seasonal end-date may be extended by resolution of the City Council on the advice of the Director of Environmental Services, the Chief of Police and the Office of Emergency Management. Parklets must be removed in their entirety from October 16 to April 14 to facilitate snow removal.
(3) 
Parklets shall not be located within 25 feet of a crosswalk, 10 feet of hydrants, or in handicap spaces or loading zones.
(4) 
The parklet shall consist of a platform designed to be level with the top of the curbline and the adjacent sidewalk. The platform shall be designed in such a way as to not impede rainwater sheet-flow of curb-side drainage. The parklet platform shall also be anchored in such a way as to prevent floatation displacement.
(5) 
The parklet design shall include a safety barrier at the leading end of the platform facing oncoming traffic. The safety barrier may be in the form of a built-in planter, bench, iron bollards, or similar.
(6) 
The three street-facing sides of the platform shall be enclosed by built-in planters, benches, a wall or railings. Constructed elements shall be, but shall not exceed, 42 inches in height above the surface of the platform.
(7) 
Removable or retractable umbrellas or awnings may be included as part of the parklet design provided: there is no reduction in vehicular or pedestrian visibility; no part of the shade canopy extends into the travel lane; the shade canopy is anchored securely against wind; and all coverings are closed or removed overnight. Shade coverings shall not contain advertising.
(8) 
One permanent sign identifying the sponsor of the parklet may be installed or painted on the parklet. Sign should not exceed three square feet in size unless incorporated as an integral part of the design and approved by the review committee and Zoning Officer.
(9) 
Where movable furniture is part of the parklet set up, that furniture must be able to be stored securely within the platform design and/or removed to a safe location nightly.
(10) 
Refuse containers for trash and recycling shall be built into the design or provided and shall be emptied daily by the sponsor. The sponsor shall also be responsible for cleaning in and around the parklet. The City of Hoboken shall not be responsible for cleaning or maintenance.
(11) 
Hours of use shall be between the hours of 8:00 a.m. and 11:00 p.m. unless otherwise stipulated in the revocable agreement authorized by City Council.
(12) 
Lighting, if any, incorporated into the design of the parklet shall be low-voltage, low-lumen and indirect with screening to prevent light shed onto adjacent properties and the vehicular travel lane. Any overhead lighting shall be turned off when the parklet is not in use. An exception may be made for security lighting at floor or bench height, such an exception may be approved by the reviewing committee on a case-by-case basis.
(13) 
Where applicable for a semi-public parklet, business sponsors holding liquor licenses shall be responsible for obtaining expansion of premises approval from the State Alcoholic Beverage Control Board.
(14) 
Failure to comply with the guidelines stated herein shall be subject to a municipal fine of up to $500 per occurrence and revocation of approval and ordered removal of the parklet.
C. 
Application; approval; fees.
(1) 
An application for a parklet shall be made to the City Engineer on a form so provided by the Department and made available on the City's website.
(2) 
The application shall include, at minimum:
(a) 
Designation of the responsible party by name, address, a twenty-four-hour phone number and email.
(b) 
A detailed description of the proposed parklet location; including the start and end point of the proposed parklet related to some fixed or easily identifiable street marker;
(c) 
The length of the proposed parklet both in feet and number of parking spaces;
(d) 
The location of fire hydrants, handicap parking spaces, and loading zones and the distance from each where the parklet will be located;
(e) 
A topographical survey of the street area where the parklet is proposed including metes and bounds for the proposed area of encroachment; and
(f) 
Architectural drawings providing: construction details; length, width, and height measurements; drainage accommodation for platform and street, specifications for all materials to be used; and details for accessibility and safety measures. Drawings shall be submitted in digital format, plus three hard-copies.
(g) 
Proof of insurance. A certificate of liability insurance in a minimum amount of $1,000,000 per occurrence and $2,000,000 in aggregate, naming the City of Hoboken and its agents, servants, and employees as additional insured shall be provided. Policy shall be occurrence-based coverage. Policy shall remain in full force and effect during the licensing period and shall include a thirty-day cancellation clause which shall provide notice to the City Engineer.
(3) 
Upon receipt of an application for a parklet, the City Engineer in cooperation and consultation with the Director of Environmental Services, the Director of Transportation and Parking, the Hoboken Police Department, and the Construction Official shall review the application and proposed setup for consistence with the design standards established herein and the Uniform Construction Code and shall, within 45 days, deny the application for noncompliance or prepare a revocable consent document for public hearing and consideration by the City Council.
(4) 
The City Engineer shall provide the applicant with the date of the hearing and the applicant shall provide public notice, in writing via certified mail, to all property owners within 200 feet of the proposed site of the parklet. Notice shall include a statement of intended use, a rendering of the parklet design, contact information for the applicant, and the date and time of the public hearing.
(5) 
The application shall be accompanied by an application fee of $250 payable to City of Hoboken (This fee shall be waived for the balance of calendar year 2020).
(6) 
Upon approval, the sponsor(s) of a parklet shall remit a rental fee of $0.50 per linear foot per day, payable on a monthly basis. Monthly rental fees shall be paid to the Hoboken Parking Utility on the first day of each month or such other date as may be determined by the Director of Transpiration and Parking.
D. 
The City of Hoboken reserves the right to require the removal or temporary relocation of any parklet, within 14 days of written notice to the sponsor, for purposes of street repairs or other municipal work in or around the location of the parklet. The City further reserves the right to remove or have removed or relocated any parklet, upon order of the Chief of Police or the Office of Emergency Management, in the case of an emergency or imminent hazard, or for reasons of public safety.
E. 
Responsibility for restoration of the right-of-way. Upon the expiration or termination of the agreement between the sponsor of a parklet and the City of Hoboken, the sponsor, at his/her own expense, shall remove the parklet platform and any accessories or appurtenances associated with it from the public right-of-way, and shall restore the right-of-way as nearly as practicable to a condition consistent with the public right-of-way adjacent to the vacated area. If the property owner does not remove the aforementioned improvements, the City may remove such improvements and make such repairs as may be necessary to secure the property, at the sole cost and expense of the property owner, and the cost of removal, repair and/or replacement shall be a municipal lien against the sponsor.
A. 
Purpose; intent.
(1) 
This ordinance shall provide for expedited approval of certain sponsored public open streets activities and special events that support and promote small businesses, economic recovery and the local community. This section does not apply to municipal open streets or street closures for any other purpose. All other block parties and private events shall follow the regular event permitting process which can be found on the City's website.
(2) 
The intent of sponsored public open streets is to help small businesses connect with local residents and recuperate losses due to COVID-19 by expanding the area they can use to conduct their business while still maintaining safe social distancing protocols.
B. 
Definitions.
BUSINESS OPEN STREETS
A sponsored closure for purposes of holding an event to support local businesses.
MUNICIPAL OPEN STREETS
Closure of public streets for use by residents of the city for outdoor amenity, recreational and other such uses.
OPEN STREETS, GENERAL
Programs that temporarily open streets to the public by closing them to cars.
C. 
General requirements; guidelines.
(1) 
Up to 3 contiguous blocks of streets may be temporarily closed to vehicular traffic for a sponsored public open streets event. Regular parking on the event blocks shall not be vacated unless expressly approved and facilitated by the Director of Transportation and Parking and the Hoboken Police Department. Open street events on county roadways may require consent, approval or waiver by the Hudson County Department of Transportation.
(2) 
Days and hours of operation shall be Thursday evenings from 6:00 p.m. to 11:00 p.m. and Sundays from 9:00 a.m. to 8:00 p.m.
(3) 
Emergency and resident egress shall be maintained during all open streets events. Egress plans shall be submitted to and approved by the Hoboken Police Department during the application review process.
(4) 
Where tables and chairs are set up for outdoor dining, the tables and chairs shall be spaced at least six feet apart measured from the back of opposite facing chairs.
(5) 
Shade coverings such as umbrellas or pop-up canopies may be used during the open streets event provided the shade covering is securely anchored against wind.
(6) 
No liquor consumption shall be permitted during the open streets event unless a sponsoring restaurant first obtains and event permit from the State of New Jersey Alcoholic Beverage Control Board.
(7) 
Sponsor shall be responsible for:
(a) 
Reduced rate no parking signs (when applicable) and posting of notice of street closure;
(b) 
Rental of street closure barricades (approved by the City);
(c) 
Police coverage; and
(d) 
City sanitation, rental of refuse containers for trash and recycling and removal of containers following the event, street sweeping or other cleanup as may be required.
D. 
Application; approval; fees.
(1) 
An application for public open streets shall be made to the City Engineer on a form so provided by the Department and made available on the City's website.
(2) 
The application shall include, at minimum:
(a) 
Designation of the responsible party by name, address, a twenty-four-hour phone number and email;
(b) 
A list of all participating businesses with the name, email and phone number the responsible party from each business;
(c) 
A detailed description including start and end points of the proposed open street location;
(d) 
A list of any public safety or emergency services located by address located within the proposed open street area, e.g., fire station, medical facilities.
(3) 
The application shall be accompanied by an application fee of $100 payable to the City of Hoboken (This fee shall be waived for the balance of calendar year 2020).
(4) 
Upon receipt of an application for open streets, the City Engineer in coordination with the Director of Transportation and Parking, the Director of Environmental Services, and the Hoboken Police Department shall review the application proposal and shall, within 10 business days, approve or deny the application in writing.
A. 
The City of Hoboken reserves all rights, privileges and immunities concerning its inalienable ownership over all sidewalks, streets, public lanes, alleys or other public grounds within the City, whether or not any projection or encumbrance has been permitted to be erected on the same, without any waiver of such rights, privileges or immunities, whether expressed or implied.
B. 
The City of Hoboken expressly reserves the right to require the removal of any or all encroachments of the public right-of-way, and other such encumbrances upon any sidewalk, street, public lane, alley or other public ground that present a danger to the health, safety and welfare of the public.
C. 
As part of the petition process, the grantee of any revocable consent must agree to defend, protect, indemnify and hold harmless the City of Hoboken, its officers, agents and employees from and against any and all claims, causes of action, injuries, losses, damages, expenses, fees and costs arising out of, or which may arise out of, the grantee's use of the public right-of-way.