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Posted on: June 4, 2020

Temporary Outdoor Dining Areas

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On June 5, 2020, certain local establishments will be permitted to resume outdoor dining during Governor Wolf’s Declaration Disaster Emergency under Pennsylvania Law. North Fayette Township does not currently allow outdoor dining unless an outdoor dining area is approved as part of land development and the current occupancy permit. Accordingly, we require that establishments who intend to create temporary outdoor dining areas during this time to submit an informal outdoor seating plan for Community Development staff to review. A temporary outdoor dining permit will be issued upon review and approval. The approved permit placard must be placed in a prominent place near the front public entrance to the establishment and must be visible from the outside.

Application & Sketch Plan Review

Businesses seeking to have temporary outdoor dining must submit a permit application to the Township containing a detailed sketch, drawn to scale, for review. The submission must have sufficient detail so that the staff can determine the layout and location on the site. A layout on a survey is preferred, but not required. A permit fee is not required.

Requirements

  • All outdoor seating, including dining tables, must be spaced at least 6 feet apart, or as permitted by the State Health Department, and be placed on an impervious surface.
    • Tables must not block building entrances and exits, fire lanes, hydrants, Fire department points, drive aisles, site entrances, back-up areas, pedestrian, or handicapped access.
    • Tables may be placed in parking spaces, but there must be a physical barrier or separation to protect customers from vehicle traffic, such as bollards, bumper stops, or planter boxes. At least half of the required number of parking spaces must be maintained, and all parking must be within the site. On-street parking within the right-of-way is not permitted.
  • The outdoor seating plan must meet UCC and Fire Code regulations, including points of egress, access to fire extinguishers, etc.
    • If a tent or canopy is to be used, it must be fire rated per the building and fire codes, and the fire rating for the tent must be approved.
  • Restaurants that use outdoor seating must ensure that outdoor dining areas are always maintained free of trash and other debris.
  • Operating hours may not exceed the establishment’s normal hours of operation.
  • The Fire Code Official will also review the layouts and inspect each site.
  • Township performance standards, including, but not limited to, noise (§ 27-904), odor (§ 27-906), smoke (§ 27-907), and glare (§ 27-908) must be adhered to.
  • ADA (Handicap accessibility) access must be maintained at all times. This includes providing accessible parking, routes, and seating. If dining is proposed on sidewalks, a minimum walking path of 4 feet must be maintained.
  • These requirements do not replace guidance from the Governor, Centers for Disease Control (CDC), and the PA Department of Health, and each establishment owner is responsible for ensuring that they are in compliance with all relevant state and federal regulations.

Approvals by Outside Agencies

Approvals required by outside agencies may be required, including, but not limited to, the Allegheny County Health Department, and, for businesses wishing to serve alcohol, the Pennsylvania Liquor Control Board. Businesses that normally serve alcohol may need special permission to do so outdoors. It is up to the applicant to determine what outside agency approvals may be required to allow for outdoor dining at their business. The Township cannot grant permission for any other agency.

Permit Revocation & Possible Inspection

Township staff reserves the right to inspect temporary outdoor dining areas to ensure compliance and recommend changes if there are possible health and safety concerns. The Township reserves the right to revoke permits as necessary if the above requirements are not followed, and/or to protect the health and safety of residents and the general public.

Eventual Dining Area Removal

Permits for temporary outdoor dining areas expire on September 30, 2020, or, upon expiration of the Governor’s Declaration of Disaster Emergency, whichever is sooner, and must be removed no later than 48 hours of that date. If indoor dining is allowed at 100% capacity before September 30, 2020, or prior to the expiration of the Governor’s Declaration of Disaster Emergency, restaurants must remove their temporary outdoor dining area at that time.

Businesses seeking to maintain outdoor dining beyond this date, or wish to construct a permanent outdoor dining area, must meet all current Township regulations, and must apply for and receive land development approval, and obtain all required building and occupancy permits.

Questions or Concerns

For any questions and/or concerns, please contact the Department of Community Development by email at commdev@north-fayette.com or by phone at 724-693-3080.

Temporary Outdoor Dining Application
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