PARSIPPANY — On June 3, 2020, Governor Phil Murphy issued Executive Order 150 which permits restaurants, bars, and other food or beverage establishments to provide in-person service at designated outdoor areas (“Outdoor Dining Area”) for food and/or beverage consumption (“Outdoor Dining”) subject to certain conditions effective Monday, June 15. (Click here to download Executive Order 150).
In accordance with the Governor’s Executive Order, the Township of Parsippany-Troy Hills wishes to permit Outdoor Dining in order to revitalize the local economy and help local businesses recover from the devastating economic impact of the COVID-19 pandemic.
Before being allowed to commence Outdoor Dining, an establishment must submit an application for Special Events Use Permit for Temporary Outdoor Dining in accordance with §430-296 of the Township Code. The application must be submitted to the Zoning Officer or his/her designee. The permit application may be obtained from the Township website or by contacting the Zoning Officer during regular business hours. (Click here to download permit application)
The Township will waive the $25 permit application fee during the State of Emergency. The Zoning Officer, or his/her designee, will review the permit application with all appropriate Township departments or agencies. The Zoning Officer, or his/her designee, may request any changes to the proposed Outdoor Dining Area in furtherance of the public health, safety, and welfare. After reviewing the application, the Township will advise the applicant what, if any, changes to the proposed Outdoor Dining Area are required. Provided the application satisfies the requirements and conditions set forth herein, and no changes are required, the Zoning Officer shall issue a permit within ten days.
Along with the permit application, the applicant must provide a survey and sketch of the proposed Outdoor Dining Area, which must identify, as applicable, the following minimum requirements:
- Location and dimensions of the proposed Outdoor Dining Area, including any tents or canopies;
- Location and dimensions of all tables and chairs;
- Dimensions of proposed aisles;
- Location of ingress to and egress from the Outdoor Dining Area;
- Locations of ingress to and egress and path of travel from the establishment interior kitchen (for staff) and restrooms;
- Location and dimensions of wait staff stations;
- Location of waste receptacles;
- Location of hand sanitizer stations;
- Location of proposed signage – signage shall be limited to a banner sign as per §430-284K. All other informational signage necessary to comply with Executive Order 150 shall be permitted;
- Description and location of exterior lighting fixtures and outdoor heaters;
- Description and location of screening and safety measures (bollards, planters, barriers, fencing, etc.) to protect the Outdoor Dining Area from parking, drive aisles, and/or the street;
- Location of all existing fire hydrants and fire lanes within the vicinity; and
- If Outdoor Dining is proposed within a parking lot, description of the adequacy of parking for outdoor dining patrons and staff of the establishment;
- If the establishment proposes to provide carry-out service to patrons, a description of how the establishment intends to provide the same along with Outdoor Dining;
- If the establishment proposes Outdoor Dining within the municipal right-of-way or on municipal property, proof of insurance and execution of an indemnification and maintenance agreement with the Township in accordance with Chapter 275; and
- Establishments are encouraged to have their patrons make advance reservations and/or wait in their car until their table is ready.
If the applicant is not the property owner, the applicant must submit a letter of consent from the property owner consenting to the application. If the Outdoor Dining Area is proposed in front of an adjacent business, or within a shared parking area, the applicant must submit a letter of consent from the affected business owner(s) consenting to the application.
Permit Conditions: All Special Events Use Permits for Temporary Outdoor Dining shall comply with the following requirements:
- Outdoor Dining shall comply with all requirements of Governor Murphy’s Executive Order 150, as well as any guidelines promulgated by the Department of Health, including but not limited to, the seating of no more than eight people per table and maintaining a required six feet between tables.
- The Outdoor Dining Area shall be open during the normal business hours of the establishment, but in no case shall open for business prior to 11:00 a.m. nor remain open for business after 11:00 p.m. No patrons are permitted to remain in the Outdoor Dining Area for any reason after 11:00 p.m.
- In accordance with Executive Order 150, smoking shall be prohibited in any Outdoor Dining Area.
- The total indoor (if and when permitted by the State) and outdoor seating within an Outdoor Dining Area combined shall not exceed existing total maximum occupancy (100%) for the establishment.
- The Outdoor Dining Area cannot be located in designated handicap parking spaces, drive aisles, or fire lanes, or within 25 feet of a dumpster or establishment fire exit.
- If an Outdoor Dining Area is proposed within off-street parking lots, a buffer of at least 9 feet (the width of a parking space) shall be provided around the periphery of the Outdoor Dining Area.
- A maximum of eight parking spaces can be occupied by the Outdoor Dining Area (exclusive of the required buffer around the Outdoor Dining Area).
- The Outdoor Dining Area shall be fully handicapped-accessible, and shall not impede handicapped-accessibility of any sidewalk.
- No outdoor music or entertainment shall be permitted.
- No outdoor cooking or food preparation and no outdoor bar service shall be permitted. All food and drinks must be prepared within the establishment.
- Customers shall be served only when seated at tables within the Outdoor Dining Area. No standees, except in the designated waiting area.
- There shall be no table service of alcoholic beverages by the establishment unless the appropriate approval to do so is first obtained from the Division of Alcoholic Beverage Control. If the establishment obtains a COVID-19 expansion permit that will allow table service of alcoholic beverages, they are required to provide a copy of the permit to the Township Clerk’s office.
- BYOB of beer, wine, and malt beverages shall be permissible in the Outdoor Dining Area.
- Failure to abide by these conditions may result in revocation of the permit.
- Any permit issued pursuant to Chapter 275 shall stay effective immediately and the establishment shall be required to submit for a Special Events Use Permit and demonstrate compliance with the requirements set forth herein. An applicant proposing outdoor dining within the public right-of-way shall apply for a Special Events Use Permit for Temporary Dining in lieu of a permit pursuant to Chapter 275.
- If an establishment proposes an Outdoor Dining Area within the municipal right-of-way or on municipal property, the applicant shall be required to provide proof of insurance and to execute an indemnification and maintenance agreement with the Township in accordance with Chapter 275.
- The Zoning Officer may impose additional conditions or requirements on the issuance of a Special Events Use Permit for Temporary Outdoor Dining in order to protect the public health, safety, and welfare.
- A Special Events Use Permit for Temporary Outdoor Dining shall be valid until December 31, 2020, or a declaration by the Governor that a State of Emergency no longer exists, whichever is sooner. The permit conditions and requirements set forth herein shall control in the case of the issuance of any permit unless modified by further Executive Order or legislation of the State of New Jersey or Township Council.
- Because the circumstances involving the COVID-19 permit are rapidly evolving, the permit conditions and requirements set forth herein are subject to change and the Township may modify the same at any time without notice.
For additional information contact the Zoning Department at (973) 263-4373. The Parsippany-Troy Hills Zoning Department is located at 1001 Parsippany Boulevard, lower level. Currently, they have tents outside to serve the public.
