Township Council Meeting — Packet

Revised Version with Amendments from 5.6.25 Council Meeting AND Changes Pursuant to N.J.S.A. 55D-166 Nothing in P.L.2024, c.95 (C.40:55D-164 et al.) shall be interpreted or construed as permitting or mandating the opening, expansion, or resumption of unlimited operations of a restaurant that does not sell alcoholic beverages and the holder of a COVID-19 Expansion Permit issued by the Director of the Division of Alcoholic Beverage Control pursuant to the provisions of Special Ruling No. 2020-10 or a premises expansion permit issued pursuant to section 2 of P.L.2024, c.95 (C.40:55D-165) that is closed, whether permanently or temporarily, or operating subject to limitations on its operations, service, or hours, as a result of disciplinary or legal sanctions imposed by, or entering into a settlement agreement with, a court of the State of New Jersey, a municipal court, the New Jersey Department of Law and Public Safety, the New Jersey Division of Alcoholic Beverage Control, or a municipal governing body acting as a local alcoholic beverage control board, as applicable. Nothing in P.L.2024, c.95 (C.40:55D-164 et al.) permits the use of State-owned rights-of-way for the purposes of outdoor dining . A permit for the use of the State rights-of-way shall be issued upon application and approval of the New Jersey Department of Transportation. For the purposes of locally owned roads that intersect the State highway system, setbacks from the State right-of-way line will be 50 feet from April 1 to October 31, and 100 feet from November 1 to March 31. w. The installation and continuous use of tents, canopies, umbrellas, tables, chairs, and other fixtures on private property or public property or right of way designated by the Township pursuant to this Ordinance shall be permitted provided that the tent, canopy, umbrella, table, chairs, or other fixtures conforms to all applicable provisions of the State Uniform Construction Code and Uniform Fire Code, which have been adopted by the Commissioner of Community Affairs pursuant to N.J.S.A. 52:27D-119 et seq. and N.J.S.A. 52:27D-192 et seq., respectively. III. REPEAL OF CONFLICTING ORDINANCES Any Ordinances of the Township which are in conflict with this Ordinance are hereby repealed to the extent of such conflict. IV. SEVERABILITY If any part of this Ordinance shall be deemed invalid, such parts shall be severed and

which are in conflict with this Ordinance are hereby repealed to the extent of such conflict. IV. SEVERABILITY If any part of this Ordinance shall be deemed invalid, such parts shall be severed and the invalidity thereof shall not affect the remaining parts of this Ordinance.

Revised Version with Amendments from 5.6.25 Council Meeting AND Changes Pursuant to N.J.S.A. 55D-166 V. EFFECTIVE DATE This Ordinance shall take effect upon final passage and publication in accordance with the law. SUSAN MCCARTNEY, MAYOR JOE KRAKOVIAK, COUNCIL PRESIDENT KAREN J. CARNEVALE, R.M.C., MUNICIPAL CLERK INTRODUCED: July 22, 2025 ADOPTED: September 8, 2025

Revised Version with Amendments from 5.6.25 Council Meeting AND Changes Pursuant to N.J.S.A. 55D-166 2935-25 Legislative History The purpose of this ordinance is to add additional requirements for establishments located in these B-1, B-2, and PC districts to operate an outdoor cafes. This Ordinance shall apply prospectively.

TOWNSHIP OF WEST ORANGE 66 MAIN STREET, WEST ORANGE, N,J. 07052 Department of Planning and Development SUSANMCCARTNEY Mayor Tel: (973) 325-4111 Email:planningboard@westorange.org JAMILET BAQUERIZO VITE Planning Board Seuetary Dr. Robert Bagoff, Chqirman Jerry Guarino, Wce-Chairman Mayor Susan McCartney Councilwoman Susan Scarpa Ken Alper William B. Wilkes II I.ee D. Klein, PE PTOE Christopher Morgan, Sr Frank Noborine. John Cardoza (Alternate #1) Lori Kapferer (Alternate #2) Diana P. McGovern, Esq,, Board Attorney John J. Hess, PE, PP, Consulting Engineer Zayibeth Carballo, PE, Township Engineer Nishuane Group LLC, Consulting Planners Mayor and Township Council (SMccartney@westorange.org ; Council@westorange.org ) Municipal Building 66 Main Street West Orange, New Jersey 07052 RE: Proposed Amendment to Land Use Regulations, Section 25 -ll.l0 (293 5 -25) Outdoor Cafes in the B-l,B-2 and PC Districts Dear Mayor McCartney, Council President Krakoviak and Council Members: Pursuant to N.J.5.A.40:55D-64 and 40:55D-26,the Township of West Orange Planning Board (the "Board") has evaluated the Proposed Ordinance Amending and Supplementing Chapter 25,LandUse Regulations, Section 1 1.10, Outdoor Cafes in the B-l,B-2 and PC Districts (a copy being enclosed hereto). After reviewing the proposed Ordinance amendment and conferring with the Township's Planner, and hearing public comment at the Board's August 13,2025, Special Meeting, the Board provides the following comments and conclusions.

The Planning Board consulted with the Board Planneq Gerard M. Haizel, PR AICP, principal of Nishuane Group who issued a report dated August 4,2025. Mr. Haizel's report states that the proposed amendment is in keeping with the recommendation of the Master Plan2019 Update, specifically that the Township should "consider changes to permitted uses" in recognition of market changes for retail and other uses, "including 'experiential retail and activities such as arcades, arts and crafts studios and stores that integrate dining, coffee andlot bar areas.." The Planner further notes that in the aftermath of the Covid pandemic, when eating outdoors became more commonplace, "the continued success and viability of many of these establishments has become more dependent on their outdoor dining capability." The Board Planner, however, noted, and the Board agrees, that provisionooc." which states, "someform offormat space delineationwhich is aesthetically pleasing, such as a removablefence, shall be required in a parking lot or on sidewalks" is subjective and raises concerns over interpretation of this provision, which may impact both implementation and enforcement. It is recommended that this provision should be eliminated or replaced by one that is clearer and more objective. The Board also has concerns regarding other provisions of the ordinance: d. Outdoor or patio typefurniture must be used; upholsteredfurniture is prohibited. Board comment: We understand that this ordinance was originated 20 years ago and since that time, well-crafted, weather resistant and quick drying upholstered outdoor furniture is common. e. Streetfurniture (seating, tables, fencing, etc.) must moved into the serving establishment when the outdoor cafe is not openfor business. Board comment: Some of the outdoor caf6s are small and may want to have outdoor furniture that is moved to an off-site storage area in the winter months and may not have the interior space to store the furniture inside at the end of each business day during those months that outside seating is available. A suggestion is that the language be changed to "When a serving establishment is not open, street furniture shall be moved to allow adequate pedestrian and vehicular mobility and safety." i. The use of the described locations shall be authorized by a sidewalk ca/b permit issued by the Director of Planning upon

be moved to allow adequate pedestrian and vehicular mobility and safety." i. The use of the described locations shall be authorized by a sidewalk ca/b permit issued by the Director of Planning upon compliance by the applicant with the requirements of this subsection and payment of an annualfee to be prescribed by Resolution at the approval of the Township Council. Board comment: The application fee should be referenced to the fee ordinance and it should be made clear on the permit the effective dates andthatthe permit should be renewed every year. m. Wenever amplifi,ed sound or music is being played inside an establishment with an outdoor ca/b or sidewalk ca/b, all doors must be solid, not storm or

screen, and windows that open to the outside sidewalk or outdoor cafe shall remain closed, except as necessaryfor entry and exit. Board comment: The description of "amplified" should be defined with an objective standard such as decibel levels. n.(ii) a planfor the control of litter the rernoval and storage of garbage, and the cleaning offixtures and grounds. If a business premises'parking lot is being used for the service and sale of eitherfood or beverages, or both, the owner or operator ofa restaurant that does not sell alcoholic beverages and the holder of an alcoholic beverage manufacturer license or retail consumption license shall not encumber more than seventy-five (75%o) percent of the lotb total parking spaces, and shall maintain at least one handicapped parking space in the parking /o/. Board comment: It is uncle ar if anestablishment has fewer than 8 parking spaces can they use the entire lot for service and sale offood and beverage? The Board finds that the amendment to the Land Use Regulation Ordinance proposed by Ordinance 2935-25 is consistent with the Township's Master Plan and furthers the goals and objectives of the same. The Board further urges the Council to review the comments set forth above and revise the ordinance accordingly. Very truly yours, Chair, Township of West Orange Cc: Diana Powell McGovern, Esq. (Via Email) Richard D. Trenk, Esq. (Via Email)

Revised Version with Amendments from 5.6.25 Council Meeting AND Changes Pursuant to N.J.S.A. 55D-166 2935-25 AN ORDINANCE AMENDING CHAPTER 25, SECTION 11.10 OF THE REVISED GENERAL ORDINANCES OF THE TOWNSHIP OF WEST ORANGE (OUTDOOR CAFES IN THE B-1, B-2 AND PC DISTRICTS) BE IT ORDAINED BY THE MUNICIPAL COUNCIL OF THE TOWNSHIP OF WEST ORANGE, NEW JERSEY that Chapter 25, Section 11.10 of the Revised General Ordinances of the Township of West Orange be and are hereby amended as follows: I. PURPOSE The purpose of this ordinance is to modify the fines set forth in Chapter 25, Section 11.10 of the Revised General Ordinances of the Township of West Orange to require additional standards to be met regarding outdoor cafes located in the Township. II. CHAPTER 25 SECTION 11.10 SHALL BE AND HEREBY IS AMENDED AND SUPPLEMENTED TO INCORPORATE THE FOLLOWING: §25-11.10 BE AND HEREBY AMENDED AS FOLLOWS: • The portion entitled “Outdoor Cafes in the B-1, B-2 and PC Districts” which specifies the requirements for outdoor cafes in the Township of West Orange, shall be repealed and replaced by the following language: Outdoor cafes shall be permitted subject to the standards and conditions of § 5-10 of Chapter 5, General Licensing, of the Revised General Ordinances of the Township of West Orange and in conjunction with the following conditions: a. Adequate access for emergency response personnel must be allowed to the main entrance of the serving establishment from the outdoor serving area as defined by Township fire regulations. b. Adequate sidewalk access (at least four feet) must be maintained for easy passage of pedestrians on any public sidewalk or right-of-way. c. Some form of formal space delineation which is aesthetically pleasing, such as a removable fence, shall be required in a parking lot or on sidewalks. d. Outdoor or patio type furniture must be used; upholstered furniture is prohibited. Outdoor cafes serving areas shall be kept broom clean by the establishment with no sweeping of food debris into any street or parking lot.

Revised Version with Amendments from 5.6.25 Council Meeting AND Changes Pursuant to N.J.S.A. 55D-166 e. Street furniture (seating, tables, fencing, etc.) must be moved into the serving establishment when the outdoor cafe is not open for business. f. Cleanliness of the outdoor serving area is the responsibility of the serving establishment. g. Signage, in addition, to that permitted for the serving establishment pursuant to § 25-15, is prohibited. h. A sketch showing the proposed location of tables, chairs and umbrellas shall be prepared and submitted to the Director of Planning and Development for approval prior to the use of the sidewalk area. i. The use of the described locations shall be authorized by a sidewalk cafe permit issued by the Director of Planning upon compliance by the applicant with the requirements of this subsection and the payment of an annual fee to be prescribed by Resolution at the approval of the Township Council. j. Any permit issued by the Director of Planning shall designate the hours of operation of any sidewalk cafe or outdoor cafe which shall not exceed the hours of 8:00 a.m. to 10:00 p.m. k. Nothing herein shall be deemed to be a waiver of the provisions of any health and/or licensing ordinance regulating the operation of a sidewalk or outdoor cafe. l. The use of any sound amplification device on sidewalk or outdoor cafes is prohibited. m. Whenever amplified sound or music is being played inside an establishment with an outdoor cafe or sidewalk cafe, all doors must be solid, not storm or screen, and windows that open to the outside sidewalk or outdoor café shall remain closed, except as necessary for entry and exit. n. As of the effective date of this Ordinance, the owner or operator of a restaurant that does not sell alcoholic beverages and the holder of an alcoholic beverage manufacturer license or retail consumption license seeking to utilize for purposes other than selling alcoholic beverages in outdoor spaces as an extension of their businesses shall file an application with the Municipal Zoning Officer and such application shall include: