Rules for restaurants offering outdoor dining are being established in West Milford

The proposed township ordinance to control outdoor dining places states that no person shall operate a major outdoor dining area within the township without an application for site plan approval from the appropriate viewing board.

An application to the zoning officer showing all requirements of the Article are satisfied is required. If the application is denied, the applicant may file an appeal with the Zoning Board of Adjustment. The permit shall be issued by the zoning officer and may contain conditions. Minor outdoor dining permits must be reviewed annually.

The application to the zoning officer is to include five copies of the proposed design and the appropriate fee. The zoning officer may seek review and comments from the building official, fire sub code official, health department or other appropriate officials.

The application is to include a description of the proposed design and location of the outdoor dining area, its dimensions and all temporary structures, equipment and apparatus to be used in connection with the operation.

Details, details, details

Insurance will be required for use of public sidewalks or rights of way. A copy of an insurance policy or certificate of insurance issued by a professional insurance company would provide for payment of not less than $1,000,000 to satisfy all claims for damage by reason of bodily injuries to, or the death of, any person as a direct result of the operation of the outdoor area; injury to any person occurring on the premises occupied by the outdoor dining area and to provide $10,000 to satisfy all claims for property damage as a result of the operation.

A maintenance agreement for use of public sidewalks or rights of way would be required with the township to be paid full cost and expenses for any repairs required due to operation of the café. Permit fees for 1 to 10 seats with no more than two tables is $100 and costs in between range up to $450 for more than 50 seats.

All outdoor permits would be issued for the period commencing March 1 and ending Nov. 30 of a particular year. No furniture, apparatus, decoration or appurtenance used in connection with outdoor dining shall be placed within 50 feet of any fire hydrant, plug or standpipe without specific written authorization of the Fire Department Chief. At least four feet of unobstructed walkway shall be provided for access to any door or opening on the business façade to the street.

Lighting, noise, temporary heating sources

No colored lighting is permitted. All lighting must be directed towards the outdoor dining area and away from adjoining properties. All lighting exclusively lighting the outdoor dining area must be turned off when the outdoor dining area is closed. Noise shall be kept at a level to comply with all respects of the provisions of the NJ State Noise Control Act.

Operation can only be 7 a.m. until 10 p.m. Monday through Thursday and 7 a.m. to 11 p.m. Friday and Saturday from March 1 through Nov. 30 of a particular year. Temporary heating sources may be permitted without outdoor dining areas subject to compliance with all applicable construction and fire codes.

There are also sections of the ordinance addressing Alcoholic beverages, enforcement of the ordinance and penalties for failure to comply.

Essentials

There is more detail in the ordinance and to read it in full go to the township website: westmilford.org and look at the meeting agenda for Oct. 21 where the entire seven-page ordinance is published.