[Adopted 4-10-1995 by Ord. No. 15-95; amended in its entirety 2-28-2022 by Ord. No. 8-2022]
As used in this article, these terms shall have the following
meanings:
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 ordered from
and served by a wait staff.
A designated area on the premises of a retail food establishment,
but outside the principal building, and where patrons may sit at tables
while consuming foods, soft drinks, ice cream, and similar confections
purchased from the retail food establishment.
A designated area of a public sidewalk where patrons may
sit at tables while consuming food and beverages ordered from and
served by a wait staff.
No person shall operate an outdoor dining area, an outdoor eating
area or a sidewalk cafe unless a license has been obtained from the
Borough of Madison.
A.
Areas
in which outdoor dining areas, outdoor eating areas and sidewalk cafes
areas, collectively referred to as "area" or "areas," are permitted:
(1)
Outdoor
eating areas, as defined in this article, may be established as an
accessory use to permitted restaurants and retail food establishments
in the CBD1, CBD2 and CC Zoning District.
(2)
Outdoor
dining areas, as defined in this article, may be established as an
accessory use to permitted restaurants and retail food establishments
in the CBD1, CBD2 and CC Zoning District.
(3)
Sidewalk
cafe areas, as defined in this article, may be established as an accessory
use to permitted restaurants in the CBD1, CBD2 and CC Zoning District.
B.
Applicants
shall apply for permit approval in accordance with the provisions
of this chapter. All such applications shall be approved by the Zoning
Officer and shall be referred to the Chief of Police, Construction
Code Official, Fire Code Official, and other such Borough Official(s)
the Zoning Officer deems appropriate, who shall provide the Zoning
Officer with written reports of their opinions and recommendations
regarding the application.
C.
Applicants
shall meet all general ordinance requirements and all other laws,
rules, regulations and codes applicable to the proposed activity.
D.
Applicants
proposing to establish an outdoor eating area, outdoor dining area
or sidewalk cafe area must provide satisfactory proof to the Zoning
Officer of the following:
(1)
A
layout including all dimensions of the proposed seating areas, which
shall include but not be limited to a depiction of all aisles, routes
of ingress and egress; clearances between tables and between the seating
area at the curb; and service areas; the landscape plan; and other
equipment and fixtures that will be utilized; an illustration, rendering
and/or photograph of all proposed furniture, planters, umbrellas,
awnings, tents, signage proposed.
(2)
Freestanding
umbrella(s) and base(s) and/or devices to secure umbrella(s) shall
be permitted within an outdoor eating area, outdoor dining area or
sidewalk cafe subject to the following:
(a)
One umbrella shall be permitted for each table within the seating
area.
(b)
Umbrella shall be adequately secured by a center base, arm base and/or
otherwise adequately secured by a wind resistant structure.
(c)
The umbrella, when in an open position shall not overhang beyond
the designated seating area; the minimum clearance height will be
seven feet and the maximum height of the umbrella from base to finial
shall not exceed nine feet.
(d)
Umbrellas placed within the seating area shall be uniform as to color
and design to create a pleasant aesthetic affect and shall at all
times be properly maintained in good working orders and aesthetic
condition including but not limited to being clean and without tears.
(3)
Tents
shall be permitted within an outdoor eating area, outdoor dining area
only. They are prohibited in a sidewalk cafe.
E.
The Zoning
Officer shall review each application to ensure that the proposed
operation of the outdoor eating area, outdoor dining area or sidewalk
cafe area will not interfere with pedestrian or vehicular traffic.
F.
The Zoning
Officer shall require each applicant to submit a litter control plan
which shall include, but not be limited to, a description of the number
and location of trash receptacles for the areas and the frequency
with which the tables, surrounding area and adjacent public and private
properties will be policed for litter. Failure to abide by an established
litter control plan shall constitute a violation of the permit approval
of which it was made a condition, and shall subject the applicant
to a fine in an amount not less than $100 per violation.
G.
The Zoning
Officer shall approve the hours of operation for each outdoor eating
area, outdoor dining area or sidewalk cafe area. In approving the
hours, the Zoning Officer shall take into consideration the nature
of the restaurant or retail food establishment at issue, the character
of the neighborhood adjacent to the premises, and the character and
nature of other uses in the vicinity of the premises at varying times
of day. At no time will outdoor dining be permitted beyond 10:00 p.m.
H.
BYOB privileges
for wine or malt alcoholic beverages are allowed in outdoor dining
areas and sidewalk cafe areas subject to N.J.S.A. 2C:33-7. Any licensed
premises must secure and provide copies to the Borough Clerk of all
necessary permits from the New Jersey Division of Alcoholic Beverage
Control to extend their licensed premises in accordance with applicable
New Jersey law.
I.
The seating
contained in an outdoor eating area, outdoor dining area or sidewalk
cafe area shall not be counted in determining any parking space requirement
for a retail food establishment or restaurant use.
J.
The permit
granted pursuant to this section shall allow the use of the outdoor
dining areas, outdoor eating areas and sidewalk cafe areas at any
time of year. However, the area must be properly maintained at all
times including complying with the litter control plan, complying
with all applicable laws, rules, regulations and codes, properly securing
and/or removing tables, chairs and other items during times of inclement
weather and high wind, further at no time shall chairs, tables or
other items be stacked in the area.
An application, sworn to by the applicant, for an outdoor eating
area, outdoor dining area or sidewalk cafe license shall be filed
annually with the Borough Clerk on forms supplied by the Clerk. The
forms shall require the following information and such additional
information as deemed necessary:
A.
The name of the applicant and the address.
B.
The name and address of the eating establishment where area or cafe
is to be maintained.
C.
Written consent of the owner of the premises, if other than the applicant.
D.
Any licensed premises must secure and provide copies to the Borough
of all necessary permits from the New Jersey Division of Alcoholic
Beverage Control to extend their licensed premises in accordance with
applicable New Jersey law.
E.
A certificate of insurance providing at least $1,000,000 of comprehensive
general liability extending premises coverage to all activities associated
with sidewalk dining and listing the Borough of Madison as an additional
insured with respect to such activities.
G.
Execution and filing with the Borough Clerk of an indemnification
agreement pursuant to which the licensee, in further consideration
of the issuance of the license, shall agree to forever defend, protect,
indemnify and save harmless the Borough, 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 licensee's operation of it sidewalk
dining establishment.
H.
Execution and filing with the Borough Clerk of a maintenance agreement
pursuant to which the licensee, in further consideration of the issuance
of the license, shall agree, at the Borough's option, either to repair
at its sole cost and expense any damage caused to the sidewalk or
any Borough-owned property by the operation of its sidewalk dining
operation, or to reimburse the Borough in full for all costs and expenses
incurred by it in making any such repairs.
I.
Execution and filing with the Borough Clerk of a outdoor dining addendum
permission for use of neighboring space if applicable.
J.
The Borough Clerk may require a bond to be filed by the licensee
in an amount to be fixed by the Borough.
A.
An outdoor eating area, outdoor dining area or sidewalk cafe license
shall be valid only through December 31 of a given year, and a new
license must be obtained for each year.
B.
An outdoor eating area, outdoor dining area or sidewalk cafe license
may not be transferred.
C.
The license shall be displayed in a conspicuous place on the premises
prior to the use of the premises for sidewalk dining.
The conduct of outdoor eating area, outdoor dining area or sidewalk
cafe dining pursuant to a license issued under this article shall
be subject to all of the following restrictions and requirements:
A.
Outdoor eating area, outdoor dining area or sidewalk cafe dining
may be conducted in the CBD1, CBD2 and CC Zoning District.
B.
The sidewalk cafe area must not inhibit pedestrian traffic on public
sidewalks, and an area must be open and unobstructed for pedestrian
traffic between the closest edge of the cafe-type tables and the curbline,
which area shall have a minimum width of the greater of four feet
or 1/2 of the sidewalk width. The passage area must be a straight
line, barrier free and clear of any obstructions such as tree roots
and the like. Passing areas of at least six feet may be required in
larger sidewalk cafes.
C.
Restaurateurs shall not place anything in an alleyway or walkway
or set up tables in such a manner as to block any alleyways or walkways
or any building entrance/egress. It shall be unlawful to obstruct
or reduce in any manner the clear width of any exit discharge passageway,
as determined by the clear width opening of the entrance/egress door(s).
The passageway shall be as straight as possible leading directly to
the street.
D.
The only items permitted are tables, chairs, umbrellas and containers
for the disposal of recyclable cans/bottles and garbage.
E.
Restaurateurs shall not place any table, sign, umbrella or other
item in such a manner as to block any municipal signs, receptacles
for garbage, public benches or other public amenity, including fire
hydrants.
F.
Restaurateurs must provide for the disposal of recyclable cans/bottles
and garbage. Public receptacles for garbage shall not be used. Sidewalk
areas shall be kept clean during hours of operation. Litter shall
not be permitted on adjoining sidewalks or property.
G.
Restaurateurs are prohibited from serving drivers or passengers of
vehicles. All customers must be seated throughout their meal.
H.
Restaurateurs are prohibited from using public utility hookups.
J.
All food preparation shall be in the regular kitchen area of the
restaurant, not outside.
K.
All outdoor food service is subject to the regulations contained in Chapter 12 of the New Jersey Sanitary Code.
L.
The placement of outdoor tables shall be limited to the area immediately
in front of existing and/or properly approved restaurants, cafes or
eating establishments. No portion of any sidewalk dining equipment,
including chairs, tables and opened umbrellas, shall encroach upon
the sidewalk area in a manner to block, impede or cover adjacent storefronts,
doors or windows in front of other business establishments without
the written permission of the property owner and adjoining business.
M.
Permissible hours of operation shall be from 7:00 a.m. to 10:00 p.m.
N.
An applicant wishing to serve alcohol on the sidewalk cafe area must
execute a revocable agreement with the Borough to have conditional
use of the sidewalk as a right-of-way. Any licensed premises must
secure and provide copies to the Borough of all necessary permits
from the New Jersey Division of Alcoholic Beverage Control to extend
their licensed premises in accordance with applicable New Jersey law.
O.
Everything must be neatly stacked or removed and sidewalks cleaned
at the end service daily.
P.
The Borough retains the right to suspend an outdoor eating area,
outdoor dining area or sidewalk cafe license to allow for construction
activity, utility repairs, and special events or for other reason
as deemed appropriate by the Borough Council, with reasonable advance
notice to be given to affected licensees.
Q.
All sidewalk cafes must be cleared of all furnishings in advance
of any snowstorm or weather emergency declared by the Borough.
R.
Use of private parking lots for outdoor eating or dining areas.
(1)
Must
be in an area where onsite parking is not required or parking studies
have demonstrated the availability of excess parking spaces.
(2)
Permit
required, subject to all rules and regulations included in this article.
(3)
Must
be separated from other parking and travel lanes by barricades.
(4)
Tents
shall be permitted within an outdoor eating area, outdoor dining area
only and require approval from the Zoning Officer, Construction, and
Fire Code Officials.
(a)
The clearance to the lowest part of any tent covering shall be the same as required in Code § 166-4, Awnings.
(b)
All tent frame components supported by the ground must be clearly
visible to pedestrians and other passersby so as not to constitute
a safety hazard and the Zoning Officer may require a decorative chain
or other means to ensure visibility of frame components supported
by the ground.
(c)
Tents in use from December 1 through March 1 must be certified snow
load compliant.
(d)
Restaurants utilizing outdoor tents with temporary heat must be reviewed
and approved by the Madison Fire Code Official.
(e)
Except for permitted construction or repair of a tent, at no time
shall property owners be permitted to remove the tent covering and
leave bare frame components visible.
S.
Use of
public curbside/parking spaces for expansion of sidewalk cafe.
(1)
Prohibited
on Main Street, NJ State Highway Route 124.
(2)
Permit
required, subject to all rules and regulations included in this article.
(3)
Must
be separated from other parking and travel lanes by barricades.
(4)
A
platform will be required to insure accessibility between the sidewalk
and street area and must meet the following standards. Platforms must
be approved by the Zoning, Officer, Construction and Fire Code Officials:
(a)
Durable materials that can withstand wear and tear of elements. It
is your responsibility to maintain all platform elements in good condition.
(b)
All structures on parking lane must allow for access to public utilities
for maintenance and repairs (e.g., provide access panels, removable
pavers, etc.).
(c)
Deck or platform must be flush with sidewalk and must not leave a
gap greater than 1/2 inch, nor a vertical separation greater than
1/4 inch.
(d)
At no time may any element of the platform be attached, anchored,
bolted or affixed in any way to the roadway or any structure (including,
but not limited to, buildings, fire hydrants, street trees, streetlight
or traffic poles, etc.).
(e)
Surface materials must be textured or treated with a nonskid coating
to ensure a safe walking surface. Loose particles, such as sand or
loose stone, are not permitted.
(f)
Platforms should allow for curbside drainage flow. An approximately
six-inch-by-six-inch minimum clear gutter space must be provided along
the entire length of the proposed platform.
(5)
Use
of public curbside/parking spaces for expansion of sidewalk cafe begins
on April 15 and ends on November 15. Barricades, all equipment, and
platforms must be removed by November 15.
T.
Restaurateurs
must comply with the provisions of the Smoke-Free Air Act, N.J.S.A.
26:3D-55 to 64, including displaying the appropriate designated site-specific
conditions for smoking that are appropriate to their particular circumstances
and environments. Moreover, in accordance with N.J.S.A. 26:3D-63 and
N.J.A.C. 8:6- 2.3, smoking is prohibited at a sidewalk dining establishment
if smoking in the exterior area results in migration, seepage, or
recirculation of smoke to an indoor public place or a workplace at
which smoking is prohibited.
U.
The licensee shall comply with all other Borough ordinances.
Any license may be suspended or revoked for good cause by the
Borough Council, including but not limited to a misrepresentation
of the information supplied in the application, the conviction of
a crime, a violation of any ordinance, statute or government regulation
or a violation of this article.
The Borough Clerk shall be responsible for licensing and the
collection of fees. This chapter shall otherwise be enforced by the
Zoning Officer, Madison Police Department and the Board of Health,
as to the Sanitary Code.
Any violations of the provisions of this article shall be punishable
by a fine not to exceed $500 as determined by the Municipal Court.
Each day the violation shall continue after a notice and a reasonable
opportunity to correct or remedy the violation shall constitute a
separate violation.
Any person aggrieved by any action of the Borough Clerk, in the denial or revocation of an outdoor eating area, outdoor dining area or sidewalk cafe license, shall have the right to appeal to the Borough Administrator. The appeal shall be taken by filing with the Borough Clerk, within 30 days after the notice of the action complained of has been served personally upon the licensee, or mailed, postage prepaid, to the licensee at the address given by the licensee in making application under § 166-44 herein, a written statement setting forth fully the grounds for appeal. The Borough Clerk shall set a time and place of hearing for the appeal, at which time the Borough Administrator shall conduct a hearing and affirm, modify or reverse the action appealed from.
Each section of this article is an independent section, and
the holding of any section or part thereof to be unconstitutional
or ineffective for any cause shall not be deemed to affect the validity
or constitutionality of any other section or part thereof.
