Clifton, NJ Sidewalk & Pedestrian Rules: Encroachment Permits (2026)

Clifton regulates private use of sidewalk right-of-way for dining through Chapter 377, Outdoor Cafes, which applies in every zone except the R-A1 through R-B3, R-TH and R-HR residential zones. Section 377-3 makes it unlawful to "create, establish, operate, maintain or otherwise be engaged in the business of conducting an outdoor cafe upon the sidewalks or public plazas of the City of Clifton, or on private property," without a currently valid license. Section 377-5 sets the core eligibility standard: a licensee must demonstrate a minimum of four feet of unobstructed paved surface for pedestrian traffic around or through the cafe, and the cafe must sit directly in front of or behind the eating establishment it serves.

Applications go to the Zoning Officer under Section 377-6 with a layout plan showing tables, chairs and umbrellas, and carry a fee scaled to seating capacity: $100 for under 25 seats, $150 for 25 to 50 seats, and $250 for more than 50 seats. The Zoning Officer must act within 10 business days of a complete application. Before a license issues, the applicant must file an indemnification agreement (Section 377-11) and liability insurance naming the City as additional insured, with minimums of $500,000 per person, $1,000,000 per accident for bodily injury, and $100,000 for property damage (Section 377-12).

Licenses issued under Section 377-15 run seasonally, April 1 to October 31 for right-of-way locations or March 1 to November 30 for cafes entirely on private property, and are valid for one season only. The City may modify, suspend or revoke a license on five days' written notice if pedestrian traffic is impeded or unsafe, or without notice at all in a City Manager-certified emergency, and licensed furniture must be cleared from the sidewalk within 30 minutes of closing each night.