This section shall apply to restaurants, bars and breweries operation of right-of-way dining areas within the township's public right-of-way.

(Ord. No. 8-2020, § 1, 5-26-2020)

As used in this article, unless specifically stated otherwise, the following terms shall mean and include:

"Right-of-way dining area" means a space in which a restaurant, bar or brewery serves food and beverages as part of their operation on the sidewalk, grassy areas or parking lot in the township's right-of-way. A right-of-way dining area may contain no more than fifty (50) percent of the total seating capacity of the establishment.

"Township" means the Township of East Greenwich, Gloucester County, a municipal corporation of the State of New Jersey.

(Ord. No. 8-2020, § 1, 5-26-2020)

It shall be unlawful for a person or entity to operate a right-of-way dining area without a permit issued by the construction department. Violations of this section shall be punishable in accordance with Section 16.89.070.

(Ord. No. 8-2020, § 1, 5-26-2020)

A.

Any person or entity applying for a right-of-way dining area permit shall submit a permit application to the construction department. The application must be made by the owner(s) or lessee(s) of the premises benefitting from the proposed right-of-way dining area and shall be sworn to by the applicant and must include the following:

1.

Completed right-of-way permit application form;

2.

Insurance and indemnification documentation evidencing the requirements of this ordinance have been met;

3.

An existing to-scale site plan showing the location of the adjacent private property and adjoining private properties, the area (including square footage) of public right of way for which a permit is sought for right-of-way dining purposes, and the location of all furniture including tables and chairs to be used within the proposed right-of-way dining area;

4.

Address and contact information of the applicant;

5.

Application fee of forty-five dollars ($45.00).

a.

The annual right-of-way dining permit fee shall be forty-five dollars ($45.00) annually.

b.

The right-of-way dining area permit shall be valid for twelve (12) months from the date of the original issuance of the permit and shall thereafter expire. All permit holders shall be required to renew their permits annually on forms prescribed by the construction department.

c.

The right-of-way dining area permit shall be specifically limited to the area shown on the to-scale site plan included with the application. If the area shall change within the twelve-month period, a new application and to-scale site plan shall be submitted.

d.

A right-of-way dining area permit may only be issued in conjunction with a restaurant, bar or brewery.

e.

A right-of-way dining area permit shall be non-transferable.

(Ord. No. 8-2020, § 1, 5-26-2020)

A.

Right-of-Way Dining Area Delineation. The boundaries of a right-of-way dining area shall be physically delineated with movable decorative fencing or planters or other decorative barriers provided they do not exceed a height of thirty-six (36) inches including any plant material, installed in areas.

B.

Right-of-way dining areas must be at the same grade as the sidewalk, unless existing topography prohibits otherwise. In such cases, the applicant may apply to the construction department for approval of certain non-permanent raised platforms to be utilized in order to level-off the slope.

C.

Right-of-Way Dining Area Furniture. All tables, chairs, and other furniture shall be located within the right-of-way dining area and shall be as set forth on the site plan approved with the application. No furniture may be affixed to any tree, post, sign or other fixtures within the right-of-way dining area.

D.

All right-of-way dining area furniture and any other objects provided within a right-of-way dining area shall be maintained with a clean and attractive appearance and shall be in good repair at all times. The sidewalk area covered by the permit shall be maintained in a neat and orderly appearance at all times and the area shall be cleared of all debris on a periodic basis during the day, and again at the close of each business day.

(Ord. No. 8-2020, § 1, 5-26-2020)

A.

All right-of-way dining area permit holders shall maintain liability insurance with the township as the certificate holder.

B.

All right-of-way dining area permit holders shall indemnify and hold harmless the township, its officers and employees from any claims for damages to property or injury to persons which may be occasioned by any activity carried on under the terms of the permit.

(Ord. No. 8-2020, § 1, 5-26-2020)

A.

The primary authority and responsibility for the enforcement of the provisions of this ordinance shall be vested in the construction department.

B.

Upon a determination that a right-of-way dining area permit holder is in violation of this section, the township shall issue notice or issue a citation. Notices of violation or citations may result in:

1.

The revocation or suspension of up to twelve (12) months of a right-of-way dining area permit after written notice and reasonable opportunity to cure; and/or

2.

An administrative fine not exceeding one thousand dollars ($1,000.00) per day for each violation of a provision of this section.

3.

The citation issued under this section shall be filed in the Township of East Greenwich Municipal Court. This will be the forum for appeal of the violation.

C.

If a permit issued under this section is revoked, the permit holder may not reapply for a new permit for twelve (12) months.

(Ord. No. 8-2020, § 1, 5-26-2020)