As used in this article, the following terms shall have the meanings indicated:
APPLICANT
A merchant, landowner or tenant, business owner, or other person or entity that has applied to the Borough of Narberth for an outdoor dining permit to utilize a right-of-way or parking area for an outdoor dining area or to otherwise utilize a right-of-way or parking area to install enhancements associated with the business pursuant to this article.
ENHANCEMENT
A temporary, movable piece of equipment, furniture, or other similar unaffixed item located within, connected to, or associated with the outdoor dining area and located within the right-of-way or parking area including, but not limited to, tables, chairs, table settings (such as dishes, silverware, napkins, condiments, containers, coasters, dispensers), umbrellas, dividers, railings, fences, lights, heaters, fans, waste receptacles, portable signage, podiums, display cases, stands, music equipment, cleaning/bussing equipment, trays, or containers, and rugs/mats.
OUTDOOR DINING AREA
An area designated within the outdoor dining permit that will be used and occupied by a permittee for the outdoor consumption of food and drink by customers, which may or may not include table service, connected to the business's food/drink service use.
PARKING AREA
Privately owned off-street parking areas utilized by the permittee for its business operations. Borough owned or controlled parking lots or parking spaces shall not be considered a parking area.
PERMITTEE
A merchant, landowner or tenant, business owner, or other person or entity with a valid, current outdoor dining permit issued by the Borough of Narberth. The permittee shall be the same person/entity as the applicant for the outdoor dining permit.
RIGHT-OF-WAY
The public rights-of-way of the Borough of Narberth including, but not limited to, public sidewalks, roadways, alleyways, and on-street parking spaces. For purposes of this article, a right-of-way shall also include Borough owned or controlled off-street parking spaces or parking lots made available to a permittee by the Borough.
A. 
An applicant seeking to utilize a right-of-way or parking area for an outdoor dining area or to install enhancements associated with the business shall submit an application to the Borough of Narberth on forms provided for such purpose. The Council of the Borough of Narberth, shall, from time to time, establish by resolution such fees as deemed reasonable and proper to be charged for the issuance or reissuance of an outdoor dining permit, or administrative requests related to a permit.
B. 
An outdoor dining permit application shall be accompanied by a plot/floor plan drawn to scale to show the following information and features, with applicants for any business located at a corner property or on a property that has a depth that runs from street to street required to include the information/features for both street frontages:
(1) 
The location of the proposed tables, chairs, barriers, trash cans, equipment, and other proposed enhancements;
(2) 
The location of the building's entry/exits, windows, and signage associated with the outdoor dining area;
(3) 
The composition of the materials used for the enhancements;
(4) 
The proposed storage area for the enhancements, including trash cans;
(5) 
Any setbacks required under this article, including setbacks from curbs, public water facilities, and sewer lateral cleanouts, the required clear pathways for pedestrians to traverse the right-of-way with the enhancements and/or outdoor dining area present, residential zoning district boundaries, and vehicular visibility areas;
(6) 
The areas of entry/exit for the outdoor dining area, if appliable;
(7) 
The curb (including curb cuts), property lines, parking spaces, fire lane markings, and crosswalks;
(8) 
All existing obstructions within the right-of-way adjoining the building or within or adjoining the parking lot area including, but not limited to, traffic signs, traffic lights, streetlights/poles and signs, public benches, fire hydrants, utility poles, trees, public utility boxes, or other street fixtures.
C. 
The applicant shall provide two copies of a photograph or photographs of the area of the proposed outdoor dining area and enhancements. The photograph(s) shall include the entire area of the proposed outdoor dining area and enhancements as well as the adjacent property to each side. Applicants for any business located at a corner property or a street-to-street property shall provide photographs for both street frontages.
D. 
The outdoor dining permit application shall be signed by the legal property owner of record if the property owner is not the applicant.
E. 
The applicant shall demonstrate that sufficient parking remains under the Borough's Zoning Code to meet the increased area/seats for customers in the outdoor dining area while, if applicable, considering the reductions of parking spaces for outdoor dining use.
F. 
Only applicants that are dining establishments with 10 or more indoor seats shall be considered to utilize on-street parking spaces or adjacent Borough-owned or -controlled off-street parking spaces as part of an outdoor dining area. A maximum number of two on-street parking spaces may be allowed. If the dining establishment is immediately adjacent to and directly accessible to/from Borough-owned or -controlled off-street parking spaces, such dining establishment may be permitted to utilize three Borough-owned or -controlled off-street parking spaces as an outdoor dining area in lieu of each permitted on-street parking space not utilized, resulting in a maximum of six such off-street parking spaces permitted if no on-street parking spaces are utilized. After an outdoor dining permit is issued, any changes between the use of on-street parking spaces and Borough-owned or -controlled off-street parking spaces shall require written approval by the Borough.
G. 
The applicant and the property owner shall be provided with the regulations set forth in this article, shall acknowledge the receipt, review, understanding, and agreement with such regulations, and shall provide written consent for the Borough to file a lien against the property for any reasonable costs of work performed by the Borough to correct lack of compliance with the Article and to pursue and/or enforce the lien.
H. 
The applicant and the property owner shall agree to indemnify and hold the Borough free and harmless from and pay in full any and all claims, demands, losses, damages or expenses that the Borough may sustain or incur in any manner resulting from the construction, maintenance, state of use, repair, or presence of the enhancements, the outdoor dining area installed, or the right-of-way area occupied, altered, or otherwise affected by any enhancements, including any loss, damage or expenses arising out of loss of or damage to property, and injury or death of persons. The issuance of an outdoor dining permit from the Borough does not warrant or guarantee the safety of the right-of-way, outdoor dining area, or any enhancement.
I. 
The applicant or the property owner shall maintain a policy of liability insurance in the nature and amount satisfactory to the Borough in order to protect the Borough from any potential claims which may arise from the enhancements and the applicant's use of the right-of-way, and shall provide a copy to the Borough at the time of application and thereafter upon request. The policy shall name the Borough and Borough's officials, officers, employees, and agents as an additional insured. The Borough shall be notified in writing by the insurer a minimum of 10 business days prior to any cancellation of policy. Cancellation of a business's insurance policy immediately voids the outdoor dining permit.
J. 
If deemed necessary by the Borough, an outdoor dining permit application shall be forwarded to the Borough Zoning Officer, police department, Director of Public Works, and/or fire department for review and approval if on-street or off-street parking spaces are proposed to be utilized for or adjacent to an outdoor dining area or an enhancement, or if any enhancements or portion of the outdoor dining area is located near aisles or access to entrances and exit ways of a building or parking lot.
K. 
The right-of-way and/or parking lot area proposed for an outdoor dining area shall be required to be in good repair at the time of application. The Borough may require that repairs or reconstruction of such areas are performed to the Borough code standards then in effect prior to the issuance of a permit, including improvements to sidewalks, curbing, and parking area surfaces.
L. 
An outdoor dining permit may be revoked by the Borough if the Borough determines that the permittee is in violation of the regulations of this article, has provided any incorrect information in the outdoor dining permit application, is not operating pursuant to plans and information provided in the outdoor dining permit application, or the business or property is otherwise in violation of any code provision of the Borough of Narberth, including, but not limited to, noise, property maintenance, building code, zoning, and fire code regulations.
M. 
An applicant shall have all required licenses to operate a business and serve food/drink from the Borough, any applicable health departments, and the Pennsylvania Liquor Control Board, and be in good standing with such agencies. Such licenses/certifications shall be produced to the Borough upon request and, as applicable, provide for the ability to serve food/drink to customers outdoors.
N. 
The issuance of an outdoor dining permit does not provide for permanent approval or occupation of an outdoor dining use or location and shall not be interpreted to overrule or waive any applicable Narberth Borough Code requirement.
O. 
Upon issuance of an outdoor dining permit, the Borough reserves the right to request the temporary removal of any enhancement or the outdoor dining area at any time and for any reason, at the Borough's sole discretion, upon request of the Borough.
P. 
Any applicant that is not a dining or drinking establishment that desires to utilize a parking area or right-of-way for a purpose associated with the applicant's business shall request approval from Borough Council for such use.
Q. 
The Borough may impose any other conditions on the outdoor dining permit as deemed necessary to the Borough to ensure the safety, health, and welfare of the public and the permittee's customers, or to ensure the orderly administration and supervision of the outdoor dining permit issuance.
An outdoor dining permit shall expire six months from the date of issuance or when revoked by the Borough. The Borough may establish a separate application and fee for the reissuance of an outdoor dining permit.
A permittee may locate an outdoor dining area or associated enhancements within the Borough's right-of-way upon securing a permit from the Borough, subject to the following regulations:
A. 
The permitted facility must be in a commercial zoning district, on the first floor of a building, and have frontage along a right-of-way for the full width of the outdoor dining area.
B. 
The Borough's rights with respect to the right-of-way shall remain and continue in full force and effect and shall in no way be waived, altered, or affected by permitting an outdoor dining area or any enhancements in the right-of-way. The property owner of the building adjoining the right-of-way remains responsible for the maintenance, repair, and reconstruction of any sidewalk or curb within the right-of-way.
C. 
The outdoor dining area, and the associated permitted facility, shall comply with all noise, nuisance, and odor regulations of the Narberth Borough Code.
D. 
The right-of-way must be maintained in a safe, clean, and sanitary condition at the sole cost, risk and responsibility of the permittee and property owner. The sidewalk and curb shall remain in good repair at all times.
E. 
Enhancements must not obstruct or interfere with the use of alleyways, driveways, parking areas, or the rights-of-way of adjoining properties, and must be arranged to maintain free and unobstructed aisles and access to entrances and exit ways. Enhancements shall be immediately removable in case of an emergency.
F. 
Convenient and adequate trash receptacles with self-closing lids shall be provided. All trash shall be accommodated on site and shall be kept entirely within a closed trash receptacle. The trash receptacle shall be routinely emptied to ensure the receptacle does not overflow, and, at a minimum, shall be emptied at the close of each business day. Public trash receptacles shall not serve as the receptacles required by this article.
G. 
Precautions should be taken to anchor or remove enhancements during periods of high winds or inclement weather so as not to cause safety hazards to pedestrian and vehicular safety.
H. 
Outdoor food preparation, food displays, and the dispensing of bulk food, buffets and/or salad bars is prohibited.
I. 
Adequate personnel shall be assigned to the outdoor dining area and remove all leftover food items as soon as the customer leaves.
J. 
If the outdoor dining area abuts a residential zoning district, a row of planters shall be installed along the entire property line adjacent to the abutting district. The row of planters shall be a minimum of two feet wide containing vegetation of a height of at least five feet, with a maximum of 18 inches of space permitted between each planter, and shall be planted such that seasonally appropriate vegetation is distributed over the entire length and width of each planter. The hours of operation of such outdoor dining area shall be limited to the hours between 9:00 a.m. and 10:00 p.m.
K. 
A continuous, unobstructed pedestrian pathway at least four feet in width, and otherwise compliant with the American with Disabilities Act, as amended, must be present within the right-of-way, either through the outdoor dining area or around the outdoor dining area, providing for a clear pathway for pedestrians along the entire length of the property.
L. 
Any enhancements in the right-of-way must be able to be immediately removed and/or relocated without expense to the Borough upon written or verbal notice by the Borough. Upon failure to do so within the timeframe stated by the Borough, the Borough may cause such work to be done and charge the permittee and/or the property owner for the cost of the work, at the sole discretion of the Borough, without further notice. Upon failure to pay the charge, the Borough may file a municipal lien against the property for costs of the work and to pursue and/or enforce the lien.
M. 
Unless the enhancements are otherwise approved by the Borough to remain, all enhancements shall be removed from all areas of the right-of-way when a snow or ice emergency is declared by the Borough, when it is otherwise anticipated that a snow or ice event will occur that will result in the need for snow or ice removal from the streets and sidewalks of the Borough, or during times of scheduled street cleaning by the Borough.
N. 
Enhancements shall not be placed in the right-of-way during any repair or maintenance of a public utility within 50 feet of the outdoor dining area and shall be immediately moved or removed at the request of any public utility company or agent thereof if any enhancements interfere with any necessary repairs or maintenance of a public utility.
O. 
Enhancements shall be removed from the public right-of-way prior to and during public events where the rights-of-way are anticipated to be used as public gathering spaces, including, but not limited to, public festivals, parades, or concerts, unless the enhancements are otherwise approved by the Borough to remain.
P. 
Enhancements shall be placed in such a way so as not to materially obstruct a business or restaurant's transparency (i.e., the views into a store or restaurant's interior and window displays).
Q. 
The right-of-way utilized as an outdoor dining area shall be cleaned at the end of each business day. All food debris shall be removed prior to cleaning down the area. An outdoor hose bib shall be provided unless the permittee can demonstrate that they have an alternative method for cleaning the outdoor dining area.
R. 
If the outdoor dining area proposes to include on-street parking spaces, physical barriers approved by the Borough Zoning Officer, police department and fire department, shall be installed to separate vehicles from the outdoor dining area, and any customers therein. No outdoor dining area shall be permitted to occupy or interfere with any handicapped parking area.
S. 
Business services (including those of cashiers, host stations, or established waiting areas) and demonstrations or signage are permitted in the outdoor dining area. Security personnel and wait staff for outdoor dining areas are permitted in the right-of-way immediately outside of the outdoor dining area.
T. 
The right-of-way shall not be painted, resurfaced, raised, or otherwise altered in a way that could remain when the outdoor dining area is not occupying the right-of-way.
U. 
Enhancements shall be placed so as not to block or obstruct vehicular visibility areas, including but not limited to 25 feet from the outside curb edge of any intersecting sidewalks at the intersection of any two streets and the ten-foot visibility area from the outside edge of any driveway or alley used by vehicles intersecting a street.
V. 
Enhancements shall not block or obstruct public street or sidewalk fixtures, including, but not limited to, bus benches or shelters, parking meters, or public utility boxes and poles.
W. 
Enhancements located on a sidewalk shall maintain a distance of two feet from the curb.
X. 
Enhancements shall be placed a minimum of five feet from any public water facilities, including fire hydrants and meter boxes or assemblies, and two feet from any sewer lateral cleanout in the right-of-way.
Y. 
Enhancements shall not be attached to public utility boxes, street signage, streetlights, poles, trees, or other street fixtures unless permitted by the Borough.
Z. 
Enhancements shall not utilize electrical outlets of the Borough.
A licensed and approved eating and drinking establishment may locate outdoor dining within the parking area of such establishment upon securing a permit from the Borough, subject to the following regulations:
A. 
The licensed facility and the parking lot utilized for outdoor dining must be located in a commercial zoning district with the facility operating out of the first floor of a building.
B. 
The outdoor dining area, and the associated permitted facility, shall comply with all noise, nuisance, and odor regulations of the Narberth Borough Code.
C. 
The parking area must be maintained in a safe, clean, and sanitary condition at the sole cost, risk and responsibility of the permittee and property owner. The parking area shall remain in good repair at all times.
D. 
Enhancements must not obstruct or interfere with the use of alleyways, driveways, parking areas, or the rights-of-way of adjoining properties, and must be arranged to maintain free and unobstructed aisles and access to entrances and exit ways. Enhancements shall be immediately removable in case of an emergency.
E. 
Convenient and adequate trash receptacles with self-closing lids shall be provided. All trash shall be accommodated on site and shall be kept entirely within a closed trash receptacle. The trash receptacle shall be routinely emptied to ensure the receptacle does not overflow, and, at a minimum, shall be emptied at the close of each business day. Public trash receptacles shall not serve as the receptacles required by this article.
F. 
Precautions should be taken to anchor or remove enhancements during periods of high winds or inclement weather so as not to cause safety hazards to pedestrian and vehicular safety.
G. 
Outdoor food preparation, food displays, and the dispensing of bulk food, buffets and/or salad bars is prohibited.
H. 
Adequate personnel shall be assigned to the outdoor dining area and remove all leftover food items as soon as the customer leaves.
I. 
If the outdoor dining area abuts a residential zoning district, a row of planters shall be installed along the entire property line adjacent to the abutting district. The row of planters shall be a minimum of two feet wide containing vegetation of a height of at least five feet, with a maximum of 18 inches of space permitted between each planter, and shall be planted such that seasonally appropriate vegetation is distributed over the entire length and width of each planter. The hours of operation of such outdoor dining area shall be limited to the hours between 9:00 a.m. and 10:00 p.m.
J. 
A continuous, unobstructed pedestrian pathway at least four feet in width, and otherwise compliant with the American with Disabilities Act, as amended, must be present within the right-of-way, either through the outdoor dining area or around the outdoor dining area, providing for a clear pathway for pedestrians along the entire length of the property.
K. 
Any enhancements in the parking area must be able to be immediately removed and/or relocated without expense to the Borough upon written or verbal notice by the Borough. Upon failure to do so within the timeframe stated by the Borough, the Borough may cause such work to be done and charge the permittee and/or the property owner for the cost of the work, at the sole discretion of the Borough, without further notice. Upon failure to pay the charge, the Borough may file a municipal lien against the property for costs of the work and to pursue and/or enforce the lien.
L. 
Enhancements shall not be placed in the parking area during any repair or maintenance of a public utility within 50 feet of the outdoor dining area and shall be immediately moved or removed at the request of any public utility company or agent thereof if any enhancements interfere with any necessary repairs or maintenance of a public utility.
M. 
Enhancements shall be placed in such a way so as not to materially obstruct a business or restaurant's transparency (i.e., the views into a store or restaurant's interior and window displays).
N. 
The parking area utilized as an outdoor dining area shall be cleaned at the end of each business day. All food debris shall be removed prior to cleaning down the area. An outdoor hose bib shall be provided unless the permittee can demonstrate that they have an alternative method for cleaning the outdoor dining area.
O. 
Physical barriers approved by the Borough Zoning Officer, police department and fire department shall be installed to separate vehicles and the parking area from the outdoor dining area, and any customers therein. No outdoor dining area shall be permitted to occupy or interfere with any handicapped parking area.
P. 
Business services (including those of cashiers, host stations, or established waiting areas) and demonstrations or signage are permitted in the outdoor dining area. Security personnel and wait staff for outdoor dining areas are permitted in the parking area.
Q. 
Enhancements shall be placed so as not to block or obstruct vehicular visibility areas.
R. 
Enhancements shall be placed a minimum of five feet from any public water facilities, including fire hydrants and meter boxes or assemblies, and two feet from any sewer lateral cleanout in the parking area.
Any applicant or permittee that is aggrieved by any decision of the Borough related to the denial or revocation of an outdoor dining permit, or any conditions imposed upon an approved outdoor dining permit, shall appeal the Borough's decision to Narberth Borough Council for determination by submitting a letter to the Borough Manager. Additionally, any applicant or permittee that seeks a waiver or alteration from any of the requirements of this article shall make such request to Narberth Borough Council by submitting a letter to the Borough Manager.