Borough of Point Pleasant Beach
Borough of Point Pleasant Beach
Office of Emergency Management
Amendment #5 May 29, 2020
ORDER PURSUANT TO THE DECLARATION OF DISASTER AND EMERGENCY TO ALL RESIDENTS AND PERSONS WITHIN THE BOROUGH OF POINT PLEASANT BEACH IN THE COUNTY OF OCEAN AND STATE OF NEW JERSEY BOROUGH
WHEREAS, pursuant to the powers vested by Chapter 251 of the laws of 1942, as amended and supplemented, N.J.S.A. App. A: 9-30, et seq., N.J.S.A. 40:48-1, et seq., and all applicable statutory law and regulations, the Borough of Point Pleasant Beach (“Borough”) declared on March 16, 2020, that a local disaster/emergency exists within by and through the required authorization of the Emergency Management Coordinator; and
WHEREAS, it is evident the Covid-19 pandemic has and will continue to have catastrophic consequences for the Borough’s small businesses and economy, including, but not limited to, the restaurants and their owners and employees located in the Borough; and
WHEREAS, the CDC and State of New Jersey have stated that social distancing guidelines and other health measures will continue to be required while the State relaxes the scope of the isolation orders and begins to reopen the economy; and
WHEREAS, in order to further protect the public health, welfare, and safety, support the seasonal economy and restaurants in their slow and difficult recovery, and support the Borough’s position as a premier summer destination for families, the Borough deems it necessary and compelling to authorize the expansion of temporary outdoor restaurant seating and serving areas for the summer 2020 season; and
WHEREAS, any permitted expansion shall require the approval of the Borough and shall further require certain additional restrictions relating to the indoor seating arrangements and capacity of the restaurants as set forth herein.
NOW, THEREFORE, in accordance with the aforesaid laws and recitals, which are incorporated herein by reference, it is promulgated and declared that until further Order of the Borough, the following emergency restrictions and regulations are effective immediately.
1. Except as provided herein, the terms of this Order shall not be effective until the State reopens restaurants for in-person dining and is subject to the terms of the State and County’s regulations to the extent they conflict with the terms set forth herein.
2. All restaurants, including those previously authorized to provide temporary outdoor seating pursuant to Chapter 5, section 18 of the Borough Code, may seek approval to relocate existing approved tables/seats to on site temporary outdoor seating areas. For purposes of this Order, restaurants shall mean restaurants approved for interior seating and in-person dining and shall not include restaurants that are takeout only and have not previously received approval for indoor seating. Takeout establishments shall not be permitted to seek the temporary outdoor seating areas authorized by this Order.
3. Subject to the approval of the proposed seating and area layout, at the sole and absolute discretion of the Borough, restaurants shall be permitted to relocate existing approved tables/seats to temporary outdoor seating areas in parking lot areas owned by, and contiguous to, the restaurant. Such parking lot areas shall be located within the present property lines of the property owned by the restaurant, and shall not be separated from the restaurant by any street, alleyway, sidewalk or the like. No additional property can be acquired for this use.
4. All such areas shall allow for a minimum of six (6) feet for pedestrian traffic. The Borough’s discretion over the location, scope, setbacks, barriers, and size of temporary outdoor seating areas and related structures is absolute and the Borough may condition approval based upon such requirements and any other consideration, including, but not limited to, parking requirements, pedestrian safety, neighborhood concerns, and the public health, welfare, and safety.
5. Subject to the approval of the proposed seating and area layout, at the sole and absolute discretion of the Borough, restaurants shall be permitted to create and/or expand temporary outdoor seating areas into the public sidewalks owned by the Borough adjacent to the restaurant. All such areas shall allow for a minimum of six (6) feet for pedestrian traffic on sidewalks. The Borough’s discretion over the location, scope, setbacks, and size of temporary outdoor seating areas and related structures is absolute and the Borough may condition approval based upon such requirements and any other consideration, including, but not limited to, parking requirements, pedestrian safety, neighborhood concerns, and the public health, welfare, and safety.
NOTE: THIS PROVISION DOES NOT GRANT PERMISSION TO PLACE TEMPORARY OUTDOOR SEATING ON THE SIDEWALKS ADJACENT TO COUNTY ROADS SUCH AS ARNOLD AVENUE, BAY AVENUE, BROADWAY, OCEAN AVENUE, OR STATE HIGHWAYS SUCH AS ROUTE 35, OR ANY OTHER STATE OR COUNTY ROAD, WITHOUT THE EXPRESS WRITTEN PERMISSION OF THE COUNTY OR STATE, WHICH EVER ENTITY OWNS THE SIDEWALK IN QUESTION.
6. The maximum approved and permitted occupancy of a restaurant may not be increased by any such temporary outside seating area.
7. The maximum approved and permitted occupancy of a restaurant may be decreased at the Borough’s discretion in order to ensure that all restaurants comply with the CDC and State recommended social distancing guidelines. In addition, the Borough may establish and apportion new maximum occupancy numbers between the inside and outside seating areas. This regulation shall apply to all restaurants, regardless of whether the restaurants apply for temporary outdoor seating pursuant to this Order. The maximum approved and permitted occupancy of a restaurant may be not be increased pursuant to this Order.
8. In addition to the creation and/or expansion of the temporary outdoor seating areas, restaurants shall be permitted to apply to install temporary awnings, tents, pergolas, and other structures authorized by the Borough to protect the temporary outdoor seating area from the elements.
9. Borough restaurants shall be required to provide a completed site plan application and a plan depicting the existing and proposed layout and location of tables/seating inside and outside of said restaurant, which shall also include but not be limited to, confirmation of the number of existing, approved tables/seats, a depiction of all aisles, routes of ingress and egress, clearances/distances between tables and between the seating area and the curb line, the location of all food service areas, an illustration, rendering, and/or photograph of all proposed furniture, umbrellas, trash receptacles and any proposed structures to protect the outdoor seating area from the elements. Proposed tables/chairs, furniture, umbrellas, trash receptacles, etc. must be of like nature and appearance to what is currently utilized on site. Applicants shall also submit a brief written narrative describing the proposed method of serving food and beverages in the newly proposed areas. Applications shall be available in the Municipal Clerk's Office or online at the Borough's website.
10. Applicants must submit a Litter Control Plan, which shall include a description of the number and location of trash receptacles proposed to service the temporary outdoor seating area, and the frequency with which the temporary outdoor seating area will be policed for litter in order to control the accumulation of trash/recycling.
11. All applications shall be approved or denied at the sole discretion of the
Administrator, Mayor, Chief of Police, with input from the Construction Department, Zoning Department, Fire Official and Health Department and any approval may be subject to additional conditions of approval, including revisions to the maximum seating occupancy in the total or either area, the type or scope of structures, the location of the proposed areas, and any other condition determined to be relevant in the sole discretion of the Borough. The applications shall be available at the Municipal Clerk’s Office and online on the Borough’s website. Applications containing inaccurate information may be denied for that reason alone.
12. The sale/service of alcoholic beverages in these locations shall be permitted, subject to compliance with any and all applicable ABC regulations/statutes, including but not limited to a temporary extension of premises application, and subject to the review and approval of the Borough Clerk and Chief of Police. The approval of any temporary extension of premises application to permit the sale/consumption of alcoholic beverages in temporary outdoor seating areas shall be temporary and shall automatically terminate upon the State of New Jersey rescinding Executive Order 107 and/or the elimination of all social distancing regulations.
13. Applicants proposing to relocate existing tables/seats to the Borough's pedestrian right-of-way shall indemnify and hold harmless the Borough of Point Pleasant Beach, its employees, agents, and/or officers from all claims, losses, liens, expenses, suits and attorney's fees arising out of the placement, operation, and maintenance of the temporary outdoor seating area. Applicants must name the Borough as an additional insured under the Applicant's general liability insurance, bodily injury, property damage, and personal injury insurance policies, required to have a minimum limit of one million ($1,000,000.00) Dollars, and provide proof of same with their application, and proof that said policies have been amended to reflect coverage for the proposed temporary outdoor seating area.
14. All temporary outdoor seating areas shall be closed to all lawful permitted activities, including dining, by the restaurant on or before 10 p.m. each day. No outdoor music shall be permitted in the outdoor seating areas approved pursuant to this Order.
15. No outdoor bar or serving stations that require plumbing or electric are permitted.
16. The emergency regulations set forth herein shall be effective on or about May 25, 2020, through October 1, 2020. The effective dates are subject to State Executive Orders and further Borough Orders. These emergency regulations cease when the OEM director declares the present State of Emergency has ended.
17. Applicants agree that by submitting an application for temporary outdoor seating pursuant to this Order applicant agrees not to seek permission for outdoor seating of any kind for a period of five years from the date the temporary outdoor seating ends pursuant to paragraph 16.
18. The fee for the license for temporary seating pursuant to this Order shall be the same fee as prescribed by section 5-18.8, $100.00
19. The Borough reserves the right to amend, terminate, or repeal this Order at any time, and accordingly no property rights are granted to any person(s) or entities by virtue of this Order. All persons and/or entities electing to pursue temporary relief in accordance with the provisions of this Order are hereby graven notice that the expenditure of any funds, or the incurrence of any costs, in reliance upon the provisions of this Order shall be at their sole and exclusive expense. All persons and/or entities are hereby given notice that the risk of loss for any expenditure and/or costs incurred shall be their sole and exclusive responsibility.
20. Each specific violation of this Order shall be considered a separate violation, the owners of restaurants shall be subject to potential multiple violations during the course of each day, and each day in violation shall be considered a separate violation.
21. The Emergency Management Coordinator, the Borough Police Department, and the Construction Department shall be charged with the enforcement of the terms of this Order.
22. Penalties for violations of this Order may be imposed under, among other statutes, N.J.S.A. App. A:9-49 and -50, and the Borough Code and the temporary grant provided herein to restaurants may be revised or revoked by the Borough.
23. With the exception of the temporary relief set forth herein, Applicant's must comply with any and all other federal, state, county, and local laws and regulations, including any and all other existing zoning ordinances and/or general ordinances governing the operation of restaurants
24. Unless otherwise expressly provided by this Order, all terms and requirements of the Borough Code shall continue to apply to the restaurants and the proposed structures, including, but not limited to, construction permits for the installation of any proposed structures at the restaurant property. The Borough shall have absolute discretion to amend any approval,
condition, and restriction set forth in this Order.
Guy Dempsey,
Emergency Management Coordinator
Borough of Point Pleasant Beach
Paul M. Kanitra,
Mayor
Borough of Point Pleasant Beach
