Raritan Township City Zoning Code
ARTICLE XXIB
Outdoor Dining
§ 296-182.6 Purpose.
The purpose of this article is to provide requirements for administrative approval of outdoor dining at existing restaurants.
§ 296-182.7 Outdoor dining applications; review; remedies.
A.
Application. All applicants shall submit the information necessary for the Township to consider whether an application is approval, as set forth in § 296-182.8.
B.
Type of review. Upon receipt of an application for an outdoor dining request pursuant to this article, the Zoning Officer shall review such application to determine whether the application so qualifies.
C.
Time frame for review. Within 45 days of the date on which an applicant submits an application seeking approval under this article, the Zoning Officer shall approve the application with or without conditions unless the Zoning Officer determines that the application is not covered by this article, in which case the Zoning Officer shall deny the application.
D.
Tolling of the time frame for review. The forty-five-day review period begins to run when the application is filed, and may be tolled only by mutual agreement by the Township of Raritan and the applicant, or in cases where the Zoning Officer determines that the application is incomplete.
(1)
To toll the time frame for incompleteness, the Zoning Officer must provide written notice to the applicant within 30 days of receipt of the application, specifically delineating all missing documents or information required in the application.
(2)
The time frame for review begins running again when the applicant makes a supplemental submission in response to the Zoning Officer's notice of incompleteness.
(3)
Following a supplemental submission, the Zoning Officer will notify the applicant within 10 days that the supplemental submission did not provide the information identified in the original notice delineating missing information. The time frame is tolled in the case of second or subsequent notices pursuant to the procedures identified in this section. Second or subsequent notices of incompleteness may not specify missing documents or information that was not delineated in the original notice of incompleteness.
(4)
Not a covered request. If the Zoning Officer determines that the applicant's request for outdoor dining is not covered under this article the application shall be denied.
(5)
Failure to act. In the event the Zoning Officer fails to approve or deny a request seeking approval under this article within the time frame for review (accounting for any tolling), the request shall be deemed granted. The deemed grant does not become effective until the applicant notifies the Township of Raritan in writing after the review period has expired (accounting for any tolling) that the application has been deemed granted.
(6)
Remedies. Applicants and the Township of Raritan or its agents may bring claims related to this article to any court of competent jurisdiction.
§ 296-182.8 Outdoor dining application requirements.
A.
An eligible outdoor dining application shall include the following:
(1)
The applicant's certification that the restaurant is existing, operating as proposed and is legally established.
(2)
The identity of the owner of the parcel.
(3)
Survey of the property and location of the proposed outdoor dining including any fencing or barriers, number of tables, trash receptables, menu boards and/or signage.
(4)
Any existing and proposed improvements including proposed lighting, parking and signage.
(5)
A plan showing proposed hours of operation, number of seats and any outdoor heating facilities.
(6)
Setbacks. All existing setbacks and any proposed changes.
(7)
Any existing/proposed landscaping, screening and buffering.