[HISTORY: Adopted by the Township Council of the Township
of Allamuchy 8-21-2007 by Ord. No. 2007-07. Amendments noted
where applicable.]
The purpose of this chapter is to:
A.
Control the size, location, character and other pertinent features
of all exterior signs or signs visible from the exterior of any premises
within Allamuchy Township.
B.
Promote signage which is compatible with its surroundings, orderly,
readable, appropriate, helpful and not distracting to motorists.
C.
Discourage and render unlawful signs which contribute to visual pollution
and clutter, are in disrepair or of faulty construction, or are in
any way inimical to the public safety and welfare.
D.
Permit the use of banners, as defined herein, by business owners
for a limited period of time and subject to the limitations specified
herein.
A.
Administration. The Zoning Officer shall only issue a permit for
the erection or construction of a sign which meets the requirements
of this chapter and, where applicable, is in accordance with site
plans.
C.
Issuance of permit.
(1)
No sign shall be erected, altered, located or relocated within the
Township except upon application and issuance of a permit as hereinafter
provided.
(a)
Application for a permit. Any sign modification associated with
a change in occupancy or ownership necessitates an application for
a sign permit. Application for a permit for a permitted nonresidential
sign conforming to the regulations set forth herein shall be made
in writing to the Zoning Officer. Such application shall be sufficient
to describe the premises and location at which the sign is to be affixed
and shall include at a minimum the following: name and address of
applicant and owner of premises; a statement indicating owner has
consented to application, if the applicant is other than the owner;
a rendering to scale of the sign, reflecting its composition, colors,
dimensions, elevation from grade level and lighting; the address of
the premises; specification and location of all existing signs; the
sight distances, in the case of freestanding signs, with relation
to accessways to the premises on which the sign is to be located and
adjacent premises; the information to be stated on the sign; and the
method by which said sign shall be secured.
(b)
All applications under review by the Land Use Board of the Township
shall submit details of all proposed signage for review by said approving
authority. Such application shall be in writing and, upon notice and
a public hearing where the same is required by law, submitted at least
30 days before the next meeting preceding the succeeding public meeting
date of the appropriate authority, together with a filing fee as hereinafter
set forth.
(c)
Application for a permit for a sign which does not comply with
the provisions of this chapter shall be submitted to the appropriate
approving authority, including any sign associated with a change of
occupancy or ownership which does not comply with the provisions set
forth herein. Such application shall be in writing and, upon notice
and a public hearing where the same is required by law, submitted
at least 30 days before the next meeting preceding the succeeding
public meeting date of the appropriate authority, together with a
filing fee as hereinafter set forth.
(2)
A permit shall be issued by the Zoning Officer upon the favorable
action of the approving authority, subject to any other applicable
governmental regulations or as otherwise provided herein.
(3)
A permit for the replacement of an existing sign may be issued by
the Zoning Officer without the necessity of Board approval only upon
satisfaction of all of the following conditions:
D.
Fees. Before the issuance of any permit required herein, with the
exception of a temporary sign or a banner, the applicant shall pay
to the Treasurer of the Township of Allamuchy the required fee in
accordance with the current fee schedule, which is available from
the Municipal Clerk.[1]
E.
Computation of sign area and sign height.
(1)
Computation of area of individual signs. The area of a sign face
shall be computed by drawing a square or rectangle that will encompass
the extreme limits of the writing, representation, emblem or other
display, together with the sign frame and any material or color forming
an integral part of the background of the display or used to differentiate
the sign from the backdrop or structure against which it is placed
or by delineating the area established by reason of distinctive variation
in background color or by borders, whichever is greater.
(2)
Computation of area of multifaced signs. The sign area for a sign
with more than one face shall be computed by adding together the area
of all sign faces visible from any one point. When two identical sign
faces are placed back to back, so that both faces cannot be viewed
from any one point at the same time, and when such sign faces are
part of the same sign structure and are not more than 42 inches apart
at any point, the sign area shall be computed by the measurement of
one of the faces.
(3)
Computation of height. The height of a sign shall be computed as
the distance from the base of the sign at grade to the top of the
highest attached component of the sign.
The following signs are prohibited:
A.
Flashing, moving or animated signs; however, nonflashing, digital
reflected-light time-and-temperature signs shall be allowed in the
CC Community Commercial District and PO Professional Office District.
Any temperature sign shall conform to the height, size and setback
requirements for the zoning district in which it is located.[1]
B.
Signs having any lighting or control mechanism that causes radio
or television interference.
C.
Any sign so erected, constructed or maintained as to obstruct or
be attached to any fire escape, window, door or opening used as a
means of egress or ingress or for fire-fighting purposes, or placed
so as to interfere with any opening required by law for ventilation.
D.
Signs utilizing the colors red or green in their illumination, when
said signs are placed within 100 feet of a street intersection.
E.
Hanging signs which are fixed to any tree, fence or any electrical,
telephone or other public utility pole.
F.
Signs which in any way simulate official directional or warning signs
erected or maintained by the State of New Jersey, Warren County, or
Allamuchy Township or by any railroad, public utility or agency concerned
with the protection of the public health or safety.
G.
Signs which may dangerously confuse or distract the attention of
the operator of a motor vehicle.
H.
Signs which hide from view any traffic or street sign or signal.
I.
Signs which consist of balloons, streamers or flags of any size (unless such flag shall have a qualified right to be displayed on property), posters, fluorescent paint, ribbons, steamers, strings of light bulbs, spinners or any other similar types of devices, whether or not they contain a message. A business owner, however, may display banner signs subject to the provisions of § 242-2D.
J.
Signs which are portable or fixed on a movable stand, self-supporting
without being firmly imbedded in the ground, supported by other objects,
mounted on wheels or on a movable vehicle, or signs which are made
easily movable in any other manner.
K.
Signs located in a public right-of-way or approved sight easement
(if the sign is taller than 30 inches), except those owned and maintained
by a duly constituted governmental agency.
L.
Signs located, painted or affixed on a water tower, storage tank,
tower or other similar structure.
M.
Signs located, painted or affixed on trees, rocks or other natural
features.
N.
Signs which extend above the top or beyond the ends of the canopy,
marquee or mansard surface of the wall on which they are located.
O.
Signs which protrude more than 12 inches from the surface to which
they are affixed.
A.
Conformance with building code. All signs shall conform to the requirements
of the Uniform Construction Code, all other applicable codes of the
Township of Allamuchy, and the specific design regulations of the
zone in which the sign is located.
B.
Maintenance.
(1)
All signs shall be kept in good repair: lettering legible, properly
painted, properly illuminated and all features operable and consistent
with the permit issued. No sign shall be allowed to become a danger
to public health, safety or general welfare.
(2)
The area surrounding ground and pylon signs shall be kept neat, clean
and landscaped. The owner of the property upon which the sign is located
shall be responsible for maintaining the condition of the area.
(3)
All signs, including banners and temporary signs, together with all
their supports, braces, hooks, anchors and other fastening devices,
shall be of substantial and sturdy construction, shall be kept in
good repair and shall be painted or cleaned as often as necessary
to maintain a clean, neat, safe and orderly appearance. All signs
attached to a building shall be thoroughly and rigidly secured in
a manner approved by the Building Inspector and shall be repaired
and maintained as necessary to keep them secure, safe and free from
danger. All electrical wiring of signs shall conform to the requirements
of the Uniform Construction Code and the municipality.
(4)
Maintenance of signs. Any sign that is or shall become dangerous
or unsafe or is maintained in violation of this chapter shall be repaired
or made safe in conformity with this chapter or shall be removed by
the owner, lessor, agent or occupant of the building, property or
land upon which the dangerous or unsafe sign is located. Nonconforming
signs shall be required to be maintained in accordance with this chapter.
C.
Lighting of signs. Indirect or interior lighting may be used to illuminate
any sign, unless otherwise indicated, subject to the following:
(1)
No monument sign shall be illuminated externally from the ground
by more than two floodlights per surface of said sign. Such lighting
shall be at grade and properly directed.
(2)
All signage lighting shall be shielded so as not to produce glare
or offensive light off the property.
(3)
Flashing signs, highly reflective glass, or fluorescent paint (red
or green), and illuminated tubing or similar outlining roofs, doors,
windows or wall edges of a building are prohibited.
(4)
No sign shall be artificially illuminated after 11:00 p.m. or before
7:00 a.m. unless said premises are occupied and attended.
(5)
No ground-mounted lighting shall be used for lighting a sign that
exceeds eight feet in height.
D.
Permanent signs. Permanent signs shall be permitted as specified
in the regulations for each particular zone. All permanent signs,
other than directional signs, shall be located on the premises of
the use or activity which they identify, advertise or to which they
call attention.
The following temporary signs are permitted:
A.
Temporary signs announcing or advertising any political, educational,
charitable, professional, religious or like campaign or event for
a period not to exceed a total of 30 days of any calendar year.
B.
A real estate sign other than a "sold" sign is permitted in all zones
advertising the sale, rental, lease or future use of a property, provided
that:
(1)
It is nonilluminated.
(2)
It pertains only to the premises on which it is placed.
(3)
It does not exceed four square feet in area.
(4)
It is removed within seven days of the consummation of the lease,
rent or sales transaction.
(5)
It is at least 10 feet from any street right-of-way line, unless
the sign is attached to a portion of a building that may be nearer
to said street line.
A.
A banner shall be defined as a sign displayed for the limited period
of time, intended to inform the public of a unique happening, action,
purpose or occasion or to advertise sales or seasonal items. The banner
shall be printed or displayed on cloth or other durable flexible material
and may be used to supplement permanent signs lawfully erected on
the property of the business owner but may not be used as a substitute
for permanent signs as required hereunder. Banners shall be temporary
in nature and must meet all of the requirements specified herein.
Balloons, streamers or flags of any kind or size do not qualify for
a permit to display banners.
B.
Any business owner requesting the right to display a banner shall
apply for and have issued a permit by the Township of Allamuchy before
such business owner may display such banner. There shall be imposed
a fee in accordance with the current fee schedule, which is available
from the Municipal Clerk, for each permit period (consisting of seven
consecutive days), provided no business owner may apply for more than
four permit periods in any calendar year, and there shall be not less
than 15 consecutive days between each permit period. Owners of residential
property located in any zone in the Township of Allamuchy shall not
be permitted the right to display banner signs at any time. The application
for a banner permit shall be submitted to the Zoning Officer not later
than 10 days prior to the commencement date of any permit period.
Any tenant of a business owner must have the written consent of the
business owner or owner of the property from which the banner shall
be displayed.[1]
C.
Banners shall be placed only upon a structure located upon the property
of the business owner requesting the right to display banners, or
if a tenant of the business owner desires to display banners, such
tenant shall adhere to the requirements of this section. The owner
of the property upon which such banners are erected shall be responsible
for the acts of its tenant in utilizing the property of such business
owner.
D.
No more than two banners may be permitted on one property in any
permit period. If a business owner shall have more than one tenant
in his building who wishes to utilize banners, no tenant shall be
permitted to display more than one banner for each permit period where
more than one tenant or business owner desires to display a banner.
E.
Banner design standards. Banners may be displayed as wall-mounted
or ground-mounted signs. All banners shall meet in all respects the
requirements for permanent signs for such business owner's property,
in addition to the following (in the event of a conflict between the
permanent sign requirements and the requirements of this section,
the provisions of this section shall take precedence):
(1)
Size of banner signs. If a business owner makes application for one
banner sign during any permit period, such banner sign shall not,
in any event, exceed 30 square feet in sign area (excluding any wall-
or ground-mounting hardware). If the business owner shall make application
for two banner signs, no such banner sign shall exceed 15 square feet
in size (excluding any wall- or ground-mounting hardware). No business
owner or tenant shall utilize or maintain any banner sign beyond the
boundaries of the business owner's property. If a business owner
or tenant desires to mount a banner sign on a wall of a building,
such banner sign shall not protrude above the roofline of the building
or structure upon which such sign is mounted and must lie flat against
the building surface at all times. No banner sign shall be permitted
to "stream" in the wind.
(2)
Setback requirements. Any banner sign which is ground-mounted shall
not be closer to any side line of the property owned by the business
owner or leased from the business owner than 10 feet from said side
line. No banner sign shall be strung across any roadway nor shall
such sign be affixed to any utility pole. No such banner sign shall
be affixed to any other structure adjoining the property of the business
owner or tenant of the business owner.
(3)
Ground-mounted banner signs. Any ground-mounted banner sign shall
be securely attached at the top and bottom corners of the metal or
other durable structure frame designed to hold such banner sign.
Signs which do not lend themselves to the ordinary processes
of measurement or, because of their nature, require special control
may be permitted when the Land Use Board finds such signs are appropriate
to the type of development or structure to which they are related.
All such signs shall be subject to site plan review and approval by
the Land Use Board. Signs of or similar to the following types require
special permits:
A.
On-premises directional and traffic control signs shall be permitted,
provided that they conform to all state, county and Township traffic
regulations and ordinances where applicable. In the event that the
directional sign is not a standard traffic control device or sign,
it shall not exceed two square feet in area or 30 inches in height.
C.
One additional directional sign for each road frontage in addition
to the principal road frontage may be erected on a commercial or industrial
lot which has frontage on more than one public road. The face of such
sign shall not exceed a maximum size of two feet by three feet, and
the height shall not exceed 30 inches. All such signs shall be subject
to site plan review and approval by the Land Use Board.
The following signs do not require a sign permit and are exempt
from the provisions of this chapter, provided that they meet the following
stated requirements where applicable:
A.
Public signs. Public signs of a noncommercial nature, including safety
signs, danger signs, "no trespassing" signs, signs indicating scenic
or historical points of interest and all signs erected by a public
officer in the performance of a public duty.
B.
Memorial signs and tablets. Nonilluminated memorial signs or tablets
indicating the name of a building or date of erection, not exceeding
two square feet in surface, which are part of the building construction
or attached as wall signs.
C.
Nameplates and directories (nonresidential). Nonilluminated nameplates
and building directories relating only to the use or occupancy of
the building to which they are attached. Such signs shall not exceed
12 square feet in surface area and may be part of the building construction
or attached as a wall sign.
D.
Nameplates (residential). One nonilluminated or shielded illuminated
nameplate, not exceeding two square feet in surface area, shall be
permitted for each single-family residence.
E.
Farms and nurseries may advertise a farm or nursery activity, provided
that the sign is situated not less than 20 feet from any street or
property line and does not exceed six square feet in area on any one
side.
F.
One sign, not to exceed one square foot on any one side, may be used
to identify a permitted home occupation or professional office.
G.
Compatibility with county, state and federal regulations. All street
signs shall comply with all appropriate county, state or federal regulations.
In the event of a conflict, the more strict regulations shall be observed.
A.
Any sign existing at the time of the passage of this chapter and
which violates any provisions hereof shall be deemed a nonconforming
use and may be continued, maintained and repaired upon the present
premises or location; provided, however, that such sign was lawful
under any prior ordinance. Any nonconforming sign to be modified in
association with a change in occupancy or ownership shall be required
to modify said sign to conform to the ordinance provisions provided
for herein. Any sign nonconforming under the prior ordinance shall
remain nonconforming unless it complies with the provisions of this
chapter and there exists an issued sign-erection permit by the Zoning
Officer for said nonconforming sign.
B.
In owner-occupied or one-tenant cases, no permit shall be issued
for any additional sign if the property contains a nonconforming sign.
D.
All nonconforming signs shall be required to conform with the regulatory
provisions of this chapter within five years of the passage of this
chapter.
E.
Any sign which has been damaged to the extent that reconstruction
of the original sign structure shall exceed 50% of the sign shall
be deemed as destroyed, and the owner thereof shall not be permitted
to erect or restore said sign except in accordance with this chapter.
Any sign now or hereafter existing which no longer identifies
or advertises the business conducted or product sold or fulfills the
purposes provided for herein shall be removed, modified or obliterated
so that the message contained thereon is no longer visible. These
actions shall not relieve the owner from the responsibilities of maintenance
and repair as required by this chapter.
A.
Fines for violations. Upon violation of any portion of this chapter, the person or organization found responsible shall, upon conviction, be liable to the general penalty in Chapter 1, Article II, General Penalty, of the Township Code. Each and every day in which a violation of any provision of this chapter exists after the responsible person or organization has been served with notice shall constitute a separate violation.
B.
Notice requirements; issuance of summons or removal of sign; presumption
of abandonment of sign.
(1)
In the event that the Zoning Officer determines that a provision
of this chapter has been violated, the Zoning Officer shall issue
a written notice to identify and require necessary action to be taken
within 15 days from the date of service of the notice. A period of
less than 15 days may be provided in any case where danger to public
health, safety and general welfare is imminent, provided that in no
case shall less than 48 hours' notice be provided unless circumstances
are such that the delay caused by such notice would further materially
endanger the public health, safety and general welfare. In the event
that the responsible party upon whom notice is served fails to take
the required action within the notice period, then in a case where
danger to public health, safety and general welfare is imminent the
sign may be removed by the Township of Allamuchy without further notice
and the cost associated therewith charged to the responsible party.
In all other cases in which the responsible party fails to take the
required action within the notice period, the Zoning Officer shall
have the authority to commence the appropriate legal action seeking
the imposition of fines, the removal of the sign and/or other remedial
action and reimbursement of the cost thereof, as appropriate.
(2)
Failure to comply with notice. Any notice of the Zoning Officer provided
for herein which is not complied with within 30 days after such notice
shall cause a conclusion that the sign or advertising structure has
been abandoned, in which event it may not be replaced or reused but
must be removed by the owner upon issuance of a notice to remove from
the Zoning Officer. In the event that the owner does not remove the
sign after receiving a notice to remove, then the sign may be removed
by the Township of Allamuchy without further notice and the cost associated
therewith charged to the responsible party.
A.
It shall be the responsibility of the Zoning Officer to issue notices,
summonses and complaints for violations of the provisions of this
chapter and to maintain a log of such notices, summonses and complaints.
B.
Any person may report an alleged violation of this sign chapter to
the Zoning Officer. This report shall be logged and an inspection
and findings shall be made within 30 days. Summonses, notices and
complaints will be issued if appropriate, and the action taken by
the Zoning Officer shall be duly recorded in the log.
C.
The log shall be maintained as a public record and reported quarterly
to the Township Council.
