Temporary Outdoor Restaurant Seating (due to COVID-19)

Temporary Outdoor Restaurant Seating 

The Township Committee of the Township of Bordentown passed Resolution #2020-128 outlining the local requirements for temporary outdoor restaurant seating as allowed by the Governor’s Executive Order No. 150.  If you plan to provide outdoor dining, please complete an application (no fee) and provide a drawing of your intended outdoor seating arrangements. Both the resolution and the application are attached.

Requirements include: 

  • Outdoor dining areas must be designed and operated in accordance with State Department Directive 20-014 and any amendments or subsequent directives, and any required County Health Department requirements.
  • Outdoor restaurant seating areas may be located upon public sidewalks (with approval from the appropriate jurisdiction, County or Municipal) where adequate provision is made for pedestrian safety; on relatively level grass areas, and in parking lots. Preference should be given to creating outdoor restaurant seating on sidewalks and upon grass areas.
  • Where outdoor seating is proposed to be created in a parking lot, bollards or other protection structures shall be erected along the perimeters of the outdoor restaurant seating area in order to enhance public safety;
  • Temporary lighting will be required if the outdoor restaurant seating area is proposed to be utilized after dusk;
  • A tent, awning or umbrellas may be utilized within an outdoor restaurant area but should not restrict pedestrian access; the installation of certain tents and awnings may require construction permit approval;
  • Serving stations and a host podium may be located within an outdoor restaurant seating area. There shall be no outdoor cooking allowed, unless approved by the County Health Department and Fire Marshal and/or any other designee of the Township Administrator.
  • No change in grading will be permitted in order to create an outdoor restaurant seating area, and no temporary flooring or mats may be utilized;
  • Restaurants with existing outdoor seating areas may seek to expand the existing area;
  • The proposed outdoor restaurant seating area may not affect the effective site circulation of vehicles for employees, customers, emergency vehicles, delivery vehicles and trash pickup of a prior approved site plan;
  • The operator of an outdoor seating area shall be responsible for maintaining a sanitary, safe litter-free, and well-kept appearance of the property.
  • Licensees or permittees with on-premises retail consumption privileges are responsible for obtaining a Covid-19 Expansion Permit and compliance with the New Jersey Alcoholic Beverage Control Commission (See ABC Special Ruling 2020-10 dated 6/3/2020.)
  • In multi-tenanted properties, an approved outdoor restaurant seating area must be discontinued or reduced in size if other retail, personal service and/or commercial establishments are permitted to reopen and there is then an inadequate number of parking stalls available in the discretion of the Township Zoning Officer and or if the Township Administrator or his designee identifies a safety issue that may involve but not be limited to traffic, fire, pedestrian safety and trash management.
  • All outdoor seating areas must operate within the hours of the Township’s existing Noise Ordinance, Chapter 8.20 which does not allow permitted activities between 10 p.m. and 7 a.m.
  • The Township Zoning Officer, Township Administrator, Traffic Safety Officer and Fire Marshal shall have the discretion to create additional standards for a particular property and to fashion such conditions as may be necessary to further the purposes of the Township Zoning Ordinance as well as the goals and objectives of the Township's Master Plan.
  • An approved outdoor restaurant seating area shall be discontinued or reduced in size if the restaurant establishment fails to comply with applicable sanitary and cleaning standards, use of masks and partitions, social distancing or other requirements issued by the Governor, State or County Department of Health or the Township.

All efforts will be made to process the application as quickly as possible. You may either email the application and drawings  or you can place them in the Community Development box located in the Municipal Building’s lobby.

**Please be aware that if you hold a liquor license and wish to have outdoor seating, you must apply for an Expansion of Premise Permit thought the NJ ABC’s online system, POSSE.  ABC permits will not be signed off on by either myself or the Police Chief until the local application is also submitted and approved.

Temporary Outdoor Restaurant Seating Application (will open a fillable Word document)