Township of Maplewood, NJ Special Improvement Districts

That an area within the Township of Maplewood, as shall be described hereinafter by lot and block numbers as well as by street addresses, would benefit from being designated as a special improvement district.

(2)

That a District Management Corporation would assist the Township in promoting economic growth and employment within the business district by providing administrative and other services to benefit the businesses, employees, residents and consumers in the special improvement district.

(3)

That a special assessment shall be imposed and collected by the Township of Maplewood with the regular property tax payment or payment in lieu of taxes and that such special assessment shall be transferred to the District Management Corporation to exercise the powers given it by this chapter and to effectuate the purposes of N.J.S.A. 40:56-65 et seq.

(4)

That it is in the best interests of the Township of Maplewood and the public to create such special improvement district and to designate such District Management Corporation, except that no District Management Corporation shall be designated to receive any funds or to exercise any powers, unless the Board of Directors of that Corporation shall include at least one member of the Township Committee of the Township of Maplewood.

The public policy of the State of New Jersey permits this governing body to protect the public welfare and health and the interests of the public in the safe and effective movement of persons and to preserve and enhance the function and appearance of the business districts of the Township of Maplewood and adoption of a special improvement ordinance.

§ 237-2 Definitions.

As used in this chapter, the following terms shall have the meanings indicated:

DISTRICT MANAGEMENT CORPORATION

An entity created by municipal ordinance or incorporated pursuant to N.J.S.A. 15A:1-1 et seq. and designated by municipal ordinance to receive funds collected by a special assessment within a special improvement district as authorized by this chapter.

SPECIAL IMPROVEMENT DISTRICT

An area within the Township of Maplewood designated by this chapter as an area in which a special assessment on all property within the District shall be imposed for the purposes of promoting the economic and general welfare of the District and the Township of Maplewood.

§ 237-3 Special improvement district description.

There is hereby designated a special improvement district (hereinafter "SID") which is more particularly described on Schedule A attached hereto and made a part thereof.[1] Any property listed on Schedule A and which is incorporated within the SID is exempt from the payment of any special assessment if it is exclusively used for residential purposes.

[1]

Editor's Note: Said Schedule A is included at the end of this chapter.

§ 237-4 Special assessment.

The special improvement district, as described on Schedule A, shall be an area in which all of the property included therein, except as hereinafter stated, shall have imposed a special assessment for the purposes of promoting the economic and general welfare of the district and the Township of Maplewood. Any property located within the SID which is tax exempt shall not be subject to the special assessment. In the event that any tax-exempt entity makes a payment in lieu of taxes to the Township of Maplewood, then and in that event said entity shall be subject to the imposition of a special assessment. The improvements and supplemental services in the SID will involve annual costs peculiar only to the SID and will be distinguished from improvements and services normally provided by the Township. While the improvements and supplemental services shall be maintained and operated pursuant to the provisions of this chapter and to N.J.S.A. 40:56-65 et seq. and the costs thereof assessed or taxed to the benefitted properties pursuant to this chapter, such improvements and supplemental services shall not be substituted by the Township for improvements and services now supplied to the proposed SID nor be grounds for curtailment of future improvements and services planned.

§ 237-5 District Management Corporation.

[Amended 7-6-1999 by Ord. No. 2095-99]

The Maplewood Village Special Improvement District, Inc., is designated the District Management Corporation which shall assist the Township of Maplewood in promoting economic growth and development within the SID. The District Management Corporation is incorporated pursuant to the provisions of Title 15A of the New Jersey Statutes and is hereby designated as eligible to receive the funds collected as special assessments within the SID. In addition, the District Management Corporation shall:

Have a Board of Trustees consisting of at least seven members as determined by the bylaws of The Maplewood Village Special Improvement District, Inc., chosen as follows:

(1)

Four members appointed by the Township Committee in the following manner:

(a)

A member of the Township Committee.

(b)

A member of the Planning Board.

(c)

A member of the Chamber of Commerce.

(d)

The Vice President of the Chamber of Commerce for Maplewood Village.

(2)

The remaining members to be elected by the members of the SID.

(3)

Such additional persons, including owners of real estate located within the SID, officials of corporations or entities operating retail or service establishments within the SID and residents living within the Township of Maplewood as may be selected under the bylaws of the District Management Corporation.

Exercise the following powers:

(1)

Adopt bylaws for the regulation of its affairs and the conduct of its business and to prescribe rules, regulations and policies in connection with the performance of its functions and duties.

(2)

Employ such persons as may be required and fix and pay their compensation from funds available to the corporation.

(3)

Apply for, accept, administer and comply with the requirements respecting an appropriation of funds or a gift, grant or donation of property or money.

(4)

Make and execute agreements which may be necessary or convenient to the exercise of the powers and functions of the corporation, including contracts with any person, firm, corporation, governmental agency or other entity.

(5)

Administer and manage its own funds and accounts and pay its own obligations.

(6)

Borrow money from private lenders for periods not to exceed 180 days and from governmental entities for that or longer periods.

(7)

Accept, purchase, rehabilitate, sell, lease or manage property in the SID.

(8)

Provide entity, sanitation and other services to the SID supplemental to those provided normally by the Township.

(9)

Undertake improvements designed to increase the safety or attractiveness of the SID to businesses which may wish to locate there or to visitors to the SID, including but not limited to litter, clean up and control, landscaping, parking areas and facilities, recreational and rest areas and facilities and those improvements generally permitted for pedestrian malls under § 2 of P.L. 1972, c. 134 (N.J.S.A. 40:56-66), pursuant to pertinent regulations of the governing body.

(10)

Publicize the district and the businesses included within the district boundaries.

(11)

Organize special events in the district.

(12)

Provide special parking arrangements.

(13)

Provide temporary decorative lighting in the district.

§ 237-6 Budget.

The District Management Corporation shall submit a detailed annual budget for approval by resolution of the Township Committee of the Township of Maplewood. The budget shall be submitted with a report which explains how the budget contributes to goals and objectives for the special improvement district.

The budget shall be introduced, approved, amended and adopted by resolution passed by not less than a majority of the full membership of the Township Committee of the Township of Maplewood. The procedure shall be as follows:

(1)

Introduction and approval.

(2)

Public advertising.

(3)

Public hearing.

(4)

Amendments and public hearings, if required.

(5)

Adoption.

The budget shall be introduced in writing at a meeting of the Township Committee of the Township of Maplewood. Approval thereof shall constitute a first reading which may be by title. Upon approval of the budget by the governing body, it shall fix the time and place for the holding of a public hearing upon the budget.

The budget shall be advertised after approval. The advertisement shall contain a copy of the budget and shall set forth the date, the time and place of the hearing. It shall be published at least 10 days prior to the date fixed therefor in a newspaper circulating in the Township of Maplewood.

No budget shall be adopted until a public hearing has been held thereon and all persons having an interest therein shall have been given an opportunity to present objections. The hearing shall be held not less than 28 days after approval of the budget.

The public hearing shall be held at the time and place specified in the advertisement thereof but may be adjourned from time to time until the hearing is closed. The budget as advertised shall be read at the public hearing in full or it may be read by its title, if:

(1)

At least one week prior to the date of the hearing a complete copy of the approved budget, as advertised:

(a)

Shall be posted in a public place where public notices are customarily posted in the Township Hall of the Township of Maplewood.

(b)

Is made available to each person requesting the same, during that week and during the public hearing.

(2)

The Township Committee shall, by resolution passed by no less than a majority of the full membership, determine that the budget shall be read by its title and declare that the conditions set forth in Subsection F(1) have been met. After closing the hearing, the Township Committee may adopt the budget, by title without amendments, or may approve amendments as provided in Subsection G of this section before adoption.

The Township Committee may amend the budget during or after the public hearing. No amendment by the Township Committee shall be effective until taxpayers and all persons having an interest therein shall have been granted a public hearing thereon if the amendment shall:

(1)

Add a new item in an amount in excess of 1% of the total amount as stated in the approved budget;

(2)

Increase or decrease any item by more than 10%; or

(3)

Increase the amount to be raised pursuant to § 16 of P.L. 1972, c. 134 (N.J.S.A. 40:56-80) by more than 5% unless the same is made pursuant to an emergency temporary appropriation only. Notice of hearing on an amendment shall be advertised at least three days before the date set therefor. The amendment shall be published in full in the same manner as an original publication and shall be read in full at the hearing and before adoption.

Final adoption shall be by resolution, adopted by a majority of the full membership of the Township Committee, and may be by title.

§ 237-7 Audit.

Concurrently with the introduction of this chapter and the submission of a plan for the SID, the District Management Corporation shall cause an annual audit of its books, accounts and financial transactions to be made and filed with the Township Committee of the Township of Maplewood, and for that purpose the corporation shall employ a certified public accountant of New Jersey. The annual audit shall be completed and filed with the governing body within four months after the close of the fiscal year of the corporation, and a certified duplicate copy of the audit shall be filed with the Director of the Division of Local Government Services in the Department of Community Affairs within five days of the filing of the audit with the Township Committee of the Township of Maplewood.

§ 237-8 Annual report.

The District Management Corporation shall, within 30 days of the close of each fiscal year, make an annual report of its activities for the preceding fiscal year to the Township Committee of the Township of Maplewood.

§ 237-9 Costs and assessments.

The annual costs of operating, maintaining and improving the special improvement district shall be reported to the governing body, assessed, collected and appropriated as provided in N.J.S.A. 40:56-80.

§ 237-9.1 Design criteria (Maplewood Village).

[Added 7-6-1999 by Ord. No. 2095-99; amended 1-16-2001 by Ord. No. 2142-01; 4-17-2001 by Ord. No. 2158-01; 12-16-2014 by Ord. No. 2765-14]

Except as otherwise set forth herein, all provisions of the Zoning and Development Regulations of the Township of Maplewood and the Code of the Township of Maplewood shall govern.

Definitions. As used in this section, the following terms shall have the meanings indicated:

ARCHITECTURAL FEATURES/ELEMENTS

Those portions of a building or structure that account for its unique style and character, including roofline, entrances, fenestration and decorative details, such as cornices, brackets, balustrades, friezes, moldings, pilasters, sills, lintels, etc.

ARCHITECTURAL INTEGRITY

An appearance that retains the architectural features/elements of a building and conforms to the requirements for visual compatibility, massing, proportion and scale, proportion of facades, character of facades and proportion of openings.

BANNER

A graphic on a lightweight material either enclosed or not enclosed in a rigid frame and secured or mounted to allow movement caused by the atmosphere.

BUILDING MASS

The three-dimensional bulk of a structure: height, width and depth.

BUILDING PROPORTION

The width-to-height relationship of one building part to another building part or of one building to another.

BUILDING SCALE

The relationship of a particular building, in terms of building mass, to other area buildings.

FACADE

Any exterior building face or wall.

MZDR

Refers to the Municipal Zoning Regulations and is used throughout this document to refer the reader to specific sections of the Municipal Zoning Code.[1]

PLANNING BOARD

The Township of Maplewood Planning Board.

PRINCIPAL FACADE

The facade(s) of a building that front on major streets or which are intended to contain the primary entrance to a building.

PUBLIC NUISANCE

In addition to the items set forth in PM 302.0, "public nuisance" shall include any structure that is in a state of dilapidation, deterioration or decay; faulty construction; overcrowded; open, vacant, partially or completely deliberately unrented or unused or abandoned; damaged by fire to the extent so as not to provide shelter; in danger of collapse or failure; and dangerous to anyone on or near the premises.

SIDEWALK SIGN

A portable, outdoor sign that consists of two sign boards that are hinged together at the top which is carried or moved about without having to detach the sign from a secure anchoring device set in the ground or to a building. Said signs are also known as "A-frame" signs and "sandwich board" signs.

SIGN

Any announcement, display or illustration used to advertise or promote the interest of any person or product when the same is placed in a position to be seen by the general public from any street or public way.

SIGN FASCIA

The natural frame created by a building's architectural elements to accommodate a sign without obscuring any doors, windows, transoms, entrances or decorative detail. (See Figure 1.)[2]

STREET FURNITURE

Functional elements of the streetscape, including, but not limited to, curbs, phone booths and other phone installations, lighting fixtures, trash receptacles and benches.

STREETSCAPE

The individual natural and man-made elements that constitute the physical makeup of a street and that, as a group, define its character.

VILLAGE ALLIANCE

The Maplewood Village Special Improvement District, Inc.

VISUAL COMPATIBILITY

The design of buildings which is sufficiently consistent in scale or character and/or sitting with other buildings or man-made or natural elements in the area, so as to avoid abrupt and/or severe differences, and the repair, alteration or renovation of a building in a manner in which such work is consistent with the existing architectural features of a building, its scale, mass, proportions, materials and colors.

WALL GRAPHIC

A sign attached to the surface of, and whose plane is parallel to, the plane of the exterior wall of a building.

WINDOW GRAPHICS

(1)

PERMANENT WINDOW GRAPHICAny sign made of a material other than paper or cardboard that is visible from the window area or that is applied or adhered directly to the window glazing or etched into that glazing.

(2)

TEMPORARY WINDOW GRAPHICAny sign visible from the window display area or adhered to window or door glazing, other than permanent window graphics, including community flyers, signs advertising a sale or promotion, or any other nonprofessionally manufactured sign. All paper and cardboard signs are considered to be temporary window graphics. No temporary graphics may be adhered to the exterior of building.

WORK

Any physical change made to the exterior of a property or structure to increase its value and utility or to enhance its appearance, including, but not limited to, the following: site work, new construction, additions, alterations, exterior restorations, cleaning, lighting, new or replacement signage, painting, street furniture and landscaping.

ZONING BOARD

The Township of Maplewood Zoning Board of Adjustment.

[1]

Editor's Note: See Ch. 271, Zoning and Development Regulations.

[2]

Editor's Note: Figure 1 is included as an attachment to this chapter.

Building design standards.

(1)

Style.

(a)

There are no specific "style" requirements for buildings in the district.

(b)

All work performed within the district shall be visually compatible with the existing buildings in the district and must not compromise the architectural integrity of the building upon which the work is being performed.

(2)

Materials.

(a)

New construction or additions shall employ materials used in existing structures throughout the district in order to maintain visual compatibility. Such materials include, but are not limited to, wood siding; brick; stucco; stone; painted and nonreflective metals; glass; aluminum; wrought iron; matte finish ceramic; slate and terra cotta.

(b)

In doing repairs or renovations, original materials shall be retained and restored wherever possible. If original materials need to be replaced, they should be replaced with materials of the same design and substance.

(c)

Covering existing building materials with secondary materials for cosmetic or other reasons is prohibited.

(d)

Materials that simulate or imitate other materials are not permitted except in unusual circumstances. Synthetic stucco is specifically prohibited.

(e)

Reflective materials are not permitted.

(f)

The original finish of masonry facades must be maintained. Masonry that was originally unpainted shall remain so.

(3)

Colors.

(a)

Colors shall be visually compatible with that of the materials of the building and adjacent buildings. Original colors on old buildings are preferred where information exists on them.

(b)

All "day-glow" colors are prohibited within the district.

(c)

Suggested guidelines for paint color placement:

[1]

Store windows: match trim color.

[2]

Shutters: door color or other dark color which complements wall color.

[3]

Ironwork: black or other dark color.

[4]

Cornices: if wood or metal, match trim color.

[5]

Dormer windows: match window color.

[6]

Gutters/downspouts: bronze, copper, green or other dark colors or match trim color.

[7]

Utility equipment, such as permanent (nonwindow) air-conditioning units, including rooftop air-conditioning units visible from the street, fire escapes and other equipment: shall be painted so as to be unobtrusive (i.e., they should match the wall color of the building or be painted dark or gray).

[8]

Security gates: match door or window color.

[9]

Sign panels: field color should be compatible with the color of the surface to which the sign is attached.

(4)

Architectural design.

(a)

New construction within the district shall be visually compatible with other structures in the district and shall be constructed of the same, similar or complementary materials.

(b)

Additions to existing buildings shall be visually compatible with adjacent structures. Additions shall incorporate elements similar to the original facade into their design.

(c)

Repairs and restorations of existing buildings.

[1]

All such work shall preserve the architectural integrity of the existing building. Original building materials and details should be retained and restored in like material and form. When it becomes necessary to introduce new features, they should be visually compatible with the existing features.

[2]

If an earlier improvement to the original structure was not done in a way that respects the architectural integrity of the building or does not maintain visual compatibility with adjacent structures, the incompatible improvement shall be reversed and corrected when alterations/repairs to that component are undertaken.

(d)

Massing. The building and its parts shall appear to be balanced, and the mass of a facade shall not interrupt the continuity of the appearance of the street. Buildings in the district should be broken down into segments having vertical orientation (bays). Buildings shall be visually divided into a base, middle, and top through the use of different materials or other techniques. The base shall not extend higher than 15 feet above the adjacent finished grade.

(e)

Proportion and scale. Buildings with additions and new buildings located on properties less than 125 feet in width shall be in proportion to and of a similar scale to existing buildings in the district. New buildings on properties more than 125 feet in width may be larger in scale than existing buildings. However, such new buildings shall provide varied facade design in accordance with the following:

[1]

A vertical demarcation shall be required at every 50 linear feet or less of building facade. A vertical demarcation having a depth of at least three feet shall be required for every 100 linear feet of building facade.

[2]

Horizontal demarcations shall be required for any building taller than three stories. A horizontal demarcation may be achieved by such elements as a cornice line, one or more upper floors being stepped back from lower floors, a course of brick or stone which projects or is differently colored or differently laid, or a floor (such as the ground floor) which has a different material from the main facade.

(f)

Setbacks. New construction and additions shall maintain the alignment of principal facades at the sidewalk edge or uniform setback lines of buildings on a block, except for buildings fronting on Dunnell Road and Woodland Road, which shall have a minimum front setback of 10 feet. (See Figure 2.)[3] In no event shall the front yard setback exceed 10 feet for buildings fronting on Maplewood Avenue, Baker Street, Highland Place and Inwood Place or 25 feet for buildings fronting on Dunnell Road and Woodland Road.

[3]

Editor's Note: Figure 2 is included as an attachment to this chapter.

(g)

Roofs. Buildings in the district must have rooflines the same as or similar to those found on adjacent buildings, except for a multistory building located adjacent to a one-story building. Roofs must be less dominant than walls in the building's total design.

(h)

Proportion of facades. The relationship of the width to the height of the front elevation and its elements shall be visually compatible with that of adjacent buildings in the district.

(i)

Character of facades.

[1]

Buildings with expansive blank exterior walls not punctuated by window and door openings, horizontal decorative elements or vertical bays are not allowed in the district.

[2]

Any facade that faces a public or private parking area or a public alley or other right-of-way, or is visible from a street or railroad, shall utilize the same materials, building design and quality of appearance as a front facade.

(j)

Proportion of openings. The relationship of the width to the height of window proportions on the front elevation shall be visually compatible with surrounding buildings. Window openings should create bays within the principal facade. Buildings with continuous bands of horizontal windows and/or storefront are prohibited. (See Figure 3.)[4]

[4]

Editor's Note: Figure 3 is included as an attachment to this chapter.

(k)

Windows and doors. New buildings or additions must maintain a distinction between upper- and lower-floor windows. The first floor shall be primarily transparent, whereas the upper-floor windows' openings shall be smaller.

[1]

For buildings facing Maplewood Avenue, Baker Street, Highland Place and Inwood Place, a minimum of 60% of the storefront area (calculated as the area inside the structural bay) shall be transparent glass. Storefront entrance doors shall be at least seventy-five-percent transparent glass.

[2]

Replacement windows. Replacement windows and doors must be of the same size, shape, style, material and construction as the original windows and doors. This includes display windows.

[3]

Filler strips. Decorative panels or filler strips that reduce the size of original window and door sash openings to accommodate standard-size replacements are prohibited.

[4]

Display windows and window display areas. All windows exposed to public view shall be kept clean and free of marks and foreign substances. Except when necessary in the course of changing displays, no storage of materials, stock or inventory shall be permitted in window display areas ordinarily exposed to public view. All screening of interiors shall be maintained in a clean and attractive manner and in a good state of repair.

(l)

Shutters. When used, shutters must be the type that, when closed, fully cover the window openings. Nonworking (decorative) shutters are not permitted.

(m)

Electrical wiring. All electrical wiring shall be concealed rather than visible in exposed conduit wherever feasible.

(5)

Grandfathering. When new work on a grandfathered nonconforming component of a building requiring a permit is undertaken, such work voids the legality of the nonconforming component. In other words, if work is proposed on a nonconforming condition, it must be corrected, but nonconforming conditions on which no work is being performed may remain.

(6)

Demolition. In keeping with the preservation element of the Township of Maplewood's Master Plan, which recognizes the need to preserve structures of historical significance, no building within the district shall be demolished without its owner demonstrating significant financial hardship and without having a proposed alternative for new construction (i.e., schematic plans drawn by a licensed architect or engineer) approved by the MVA Design Review Committee and Village Alliance Board and the Planning Board with proof of project financing, i.e., lease agreements, loan agreements, mortgage commitments, etc., except in instances where the Uniform Construction Code requires the demolition of a fire-damaged building.

(7)

(8)

Signage and graphics.

(a)

Window graphics.

[1]

[See MZDR § 271-56A, Note A.] Temporary window graphics must be removed within two days after the close of the sale or special event that they advertise and in no event may be displayed for more than 30 days. Accordingly, all temporary window graphics must have a removal date indicated on their backside. Temporary window graphics may not occupy more than 25% of the total window area in which displayed.

[2]

[See MZDR § 271-561(2).] Temporary window graphics are not debited against the allowable graphic area for wall and ground graphics. The total area occupied by both permanent and temporary window graphics combined shall not exceed 25% of the total area of the window or glazed door in which displayed.

[3]

Except for "For Rent" signs, any temporary sign or other advertising material shall be removed within two days after the expiration of the event, sale or special event and in no event may be displayed for more than 30 days, whichever shall have occurred sooner. "Grand Opening" signs may be displayed for no more than 14 days.

[4]

[See MZDR § 271-56A, Note B.] Permanent window graphics may not occupy more than 25% of the total area of the window in which displayed, including the windows of glazed doors.

(b)

Wall graphics.

[1]

[See MZDR § 271-56D(1).] Wall graphics cannot be more than 1.5 feet high and cannot occupy more than 75% of the linear footage of the sign fascia.

[2]

[See MZDR § 271-56D(2).] Wall graphics are permitted within the sign fascia only.

[3]

Wall graphics shall not project more than nine inches from the building wall to which they are affixed, except for projecting signs as permitted below.

[4]

Each establishment shall display a permanent wall graphic, window graphic or awning bearing the name of such establishment.

[5]

Permanent signs are permitted on solid doors as long as they do not exceed 25% of the total area of the door.

[6]

A ground floor use with a secondary entrance facing a public or private parking area or a public alley or other right-of-way shall be permitted to provide additional window or wall graphics on or adjacent to such entrance. Such wall graphics cannot be more than 1.5 feet high and cannot occupy more than 50% of the linear footage of the sign fascia.

(c)

Projecting signs. Projecting signs are permitted below the second story, provided that:

[1]

Projecting signs must be securely attached to the building by an ornamental bracket.

[2]

No projecting sign may have more than two faces.

[3]

No projecting sign, including brackets, may project more than 30 inches from the building to which it is attached.

[4]

A projecting sign shall not be larger than five square feet in area. Ornamental brackets are not included in this calculation.

[5]

Not more than one projecting sign is permitted for each entrance door.

[6]

The bottom of any projecting sign must be at least 7.5 feet above the ground level; its top may not extend higher than whichever of the following is the lowest: 25 feet above grade; the bottom of the sills of the first level of windows above the ground floor; or the top of an existing sign fascia band or panel.

[7]

Projecting signs may not be directly illuminated by neon or other light sources or illuminated from their interior.

[8]

Projecting signs may not be less than one inch nor more than three inches in thickness.

(d)

Areas of special control (from MZDR § 271-56G). [See MZDR § 271-56G(5)] The following signs, graphics and displays are prohibited:

[1]

Flashing, "chasing," intermittent or changing color lights, including LEDs, fiber optic signs, strobe lights, highway flashers or other "attention-getting" optical displays for graphics.

[2]

Temporary pennants and flags, and permanent pennants, banners, steamers, advertising flags, inflatable objects, twirlers and like objects. Temporary banners are allowed but must be removed within two days after the close of the sale or special event that they advertise and in no event may be displayed for more than 30 days.

[3]

Time-and-temperature displays.

(e)

Sidewalk signs. Sidewalk signs are permitted in accordance with the following regulations:

[1]

A Sidewalk signs are not to exceed 36 inches in height and 24 inches in width. Sign area is calculated on one side only.

[2]

Glass, breakable materials, paper, laminated paper, vinyl, plastic, PVC pipe frames, or illumination are not permitted materials for sidewalk signs, except when shown to be consistent with the design and merchandise of related storefront.

[3]

Chalkboards in wood frames are permitted as sidewalk signs. Information conveyed on such signs may only be written in chalk and must change frequently. Marker boards and magnetic lettering are not acceptable.

[4]

Rectangular signs are required to have an open base, either with wooden cutouts or legs.

[5]

One sidewalk sign is permitted per first-floor tenant.

[6]

Sidewalk signs may not be permanently affixed and must be taken in at the close of business hours each day.

[7]

A sidewalk sign may only he placed at the entrance to the business displaying it and may not be placed outside the area represented by an extension of each side of the store displaying the sign.

[8]

There must be a minimum of four feet of unobstructed paved surface for pedestrian traffic between the outside edge of the sidewalk sign and the curb.

[9]

The placement of sidewalk signs shall not obstruct the vision of vehicular traffic.

(f)

Auxiliary elements.

[1]

Awnings. Awnings are permitted within the district.

[a]

If used in combination with a permanent wall graphic, lettering on awnings may be no more than 4 1/2 inches in height and must be contained on the awning valance. Lettering on valances must be contained on one line.

[b]

Awnings used without permanent wall graphics may have lettering or graphics applied to their sloped portions and or valances. Graphic areas on the sloped portion of the awning are not to exceed 25% of the area of the sloped portion of the awning. Lettering on valances must conform with the standard set forth in the previous subsection.

[c]

Style. Extended awnings shall be in the shape of a sloped flat plane. "Bubble" or "waterfall" shaped awnings are prohibited.

[d]

Materials. All awnings must be made of fabric. Vinyl and metal awnings are not permitted.

[e]

Colors. Colors shall conform to the general building color guidelines (see Section II. C. 3 of this document.)[5]

[5]

Editor's Note: See Subsection B(3), Colors, for information on building design standards regarding color.

[f]

Other characteristics. Internally illuminated awnings are not permitted.

[g]

Mounting. No awning shall conceal, damage or cause the removal of an architectural feature or element, such as doors, windows, friezes, beltcoursing or other decorative elements, nor shall it extend more than five feet from the building exterior. No awning shall extend less than 7.5 feet from the grade level of the sidewalk.

[h]

Awning valances may be no more than nine inches in height.

[2]

Indirect illumination. Indirect illumination, i.e., a light source not seen directly, is permitted. Internally illuminated or back-lighted signs are not permitted except for theater marquees. Integral lighting is allowed for halo-illuminated signs only. [See MZDR § 271-561(3).]

[3]

Floodlight illumination. Floodlight illumination is permitted, provided that it employs guards and none of the light shines onto an adjoining property or in the eyes of motorists or pedestrians. [See MZDR § 271-56I(4).]

(g)

Additional provisions.

[1]

Mural signs. Mural signs painted directly on structures, accessory buildings, bridges, retaining walls, etc., are prohibited unless, in the opinion of the Village Alliance, such a sign has historical value. Mural signs are prohibited from the principal facade(s) of a building, i.e., the facade(s) fronting on the street. The bottom of any sign painted directly on a structure must be located at least 10 feet above ground level.

[2]

Menu boxes. Menu boxes must be attached to the building and must adhere to the placement and sign restrictions for wall graphics. Any illumination must be indirect and concealed from view at the sides of the box.

[3]

Second-floor occupancy signs. Neon or other illuminated signs are not permitted in second-floor windows. Permanent wall graphics are not permitted for second-story businesses. First-floor directories listing second-story businesses are permitted, provided that they contain no more than one sign per tenant; lettering and signage for all tenants is uniform; they are affixed in a designated area adjacent to the building entry; and the total signage panel does not exceed four square feet. Second-floor businesses are permitted only to display lettering and/or graphics in a related second-floor window, subject to the size and area restrictions outlined above for permanent window graphics.

[4]

Video displays. Exterior video displays are prohibited.

[5]

Billboards. All billboards are prohibited.

[6]

Neon.

[a]

Neon signage displayed in the window area is considered a permanent window graphic. One neon window graphic is permitted on each frontage. Due to its special character, neon graphics may not occupy more than 10% of the total area of the window in which it is displayed. Neon signs are not permitted in second-story windows.

[b]

An establishment is permitted to have a neon window graphic or a neon wall graphic but not both.

[c]

Neon lighting is not permitted to outline windows or architectural features such as doors, cornices, friezes, etc.

[7]

Marquees and theaters.

[a]

Theaters may display the following signs in addition to marquees and canopies:

[i]

Removable lettering on the front and/or sides of a canopy or marquee, which shall advertise current or coming attractions only.

[ii]

Not more than two additional signs, each not more than 12 square feet in size, may be attached to the front wall of the theater, which shall be used to advertise current or coming attractions only.

[b]

Ticket-booth signs shall be governed by regulations applicable to permanent and temporary window signs.

Site and streetscape design standards.

(1)

Planters, benches and/or private waste containers or other street furniture items are subject to the approval of the MVA Design Review Committee and MVA Board of Directors and should be consistent with the street furniture selected by the Township of Maplewood.

(2)

Parking and loading areas.

(a)

Parking shall not be located in the front yard of parcels fronting on Maplewood Avenue. Whenever feasible, parking should be located behind retail storefronts, in side yards not projecting forward of the front wall of the building and in rear yards.

(b)

All parking areas shall be suitably screened from view from all streets and public vantage points by decorative walls, fencing, and/or hedges at least four feet in height.

(c)

In cases where screened parking is permitted in the front yard, shade trees, benches, planted flowerbeds and paving material distinct from the paving material used for the sidewalk shall be used to soften the appearance of the parking area and to help separate pedestrians from parking lot traffic.

(d)

Parking lots must be kept in satisfactory condition, maintaining an adequate surface, striping, proper drainage and lighting, and be free from excessive weeds and litter.

(e)

No loading or service areas shall be permitted in the front or side yard unless screened from view from public streets, similar to the requirements for parking.

(3)

Trash enclosures. All trash enclosures and screening devices must be made of wood fencing material or other material compatible with that of the building it is related to or be a solid wood bin with sloping lid. Chain-link and other metal enclosures are prohibited.

Other standards.

(1)

Vending machines. All newspaper vending machines, express mailboxes and/or other such dispensers must be located in areas designated for these items by the Township and MVA. Advertising, soda or other merchandising vending machines are not permitted in the district.

(2)

Audio devices. Attention-getting sound sources, such as speakers, enunciators, are prohibited.

(3)

Security gates and devices. Exterior-mounted security devices such as roll-up doors and accordion-type "scissors" gates are not permitted. Interior-mounted security devices, if visible from the street, must be approved by the MVA Design Review Committee and MVA Board. Permanent window bars or grillwork are permitted on side and rear facades only.

(4)

Graffiti. In addition to the provisions of Chapter 141 of the Code of the Township of Maplewood, within the Maplewood Village Special Improvement District all graffiti is prohibited regardless of the consent of the property owner. Removal of graffiti must comply with Municipal Code after notification of the Maplewood Police Department.

(5)

Incongruous features. Air conditioners, vents, chimneys, etc., are not permitted on the principal facade(s) of a building.

(6)

Fire escapes. New fire escapes are not permitted on the principal facades, i.e., the facade facing the street(s) on which a building is located, of a building.

(7)

Lighting.

(a)

Lighting for a building must be contained on the property on which the building is located.

(b)

All floodlights must employ glare guards so as to minimize light pollution and the lighting of unintended areas.

(c)

Storefront window displays must be illuminated from dusk until 12:00 midnight.

(d)

No flashing or "chasing" lighting is permitted. Windows may not be illuminated by string lights on the perimeter of windows.

(e)

Adequate lighting shall be provided for any parking areas or pedestrian walkways located in the rear of a building.

Penalties. Violations of these provisions will be punishable pursuant to § 271-71J of the Zoning and Development Regulations of the Township of Maplewood.

Design review process.

(1)

Within the Maplewood Village Special Improvement District, all work, whether or not requiring a permit, including but not limited to painting, repairs, renovation, alteration and new construction, shall be approved by the Village Alliance prior to the start of work. Subsequent to approval from the Village Alliance, the applicant shall proceed to secure a building permit from the Construction Official of the Township of Maplewood.

(2)

In the event that the Village Alliance denies approval for proposed work, the Village Alliance shall provide the applicant with a written denial setting forth the specifics forming the basis of the denial.

(3)

Types of work requiring permit and/or design review.

Type of Work	Design Review Required	Permit Required
Replacing an existing sign or awning	Y	Y
Installing a temporary banner	Y	N
Installing a new sign or awning	Y	Y
Installing a permanent window graphic	Y	N
Building a new building or addition	Y	Y
Painting or cleaning a building	Y	N
Removing/replacing doors or windows	Y	N
Installing fencing or trash enclosure	Y	N
Installing street furniture	Y	N
Installing temporary window covering on vacant storefronts	Y	N
Making, closing or relocating door window openings	Y	Y

Appeals. Any applicant denied approval for proposed work by the Village Alliance may, within 20 days of receipt of the written denial, appeal the decision to the Planning Board by serving a notice of appeal on the Secretary of the Planning Board at 574 Valley Street, Maplewood, New Jersey 07040. The Planning Board will make every effort to hear the appeal at the first regularly scheduled meeting following service of the notice of appeal.

§ 237-9.2 Applicability and effect of design criteria.

[Anile Day 7-6-1999 by Ord. No. 2095-99]

The design criteria in § 237-9.1 be and are hereby adopted by the Township of Maplewood such that the construction or alteration of building and structure facades within the Maplewood Village Special Improvement District be and are subject to prior review and approval to assure compliance with the aforementioned criteria.

To the extent that the provisions of this article or § 237-9.1 change or modify any other ordinance or code section of the Township of Maplewood, said change or modification shall only apply to the Maplewood Village Special Improvement District and shall not otherwise change or modify other ordinances or code provisions.

The Maplewood Village Special Improvement District, Inc., be and is hereby authorized to review and grant or deny requests for the construction or alteration of facades within the Maplewood Special Improvement District.

Any affected party may appeal the decision of the Maplewood Village Special Improvement District, Inc., to the Planning Board of the Township of Maplewood.

In the event that any construction or alteration of building or structure facades within the Maplewood Special Improvement District also requires site plan approval, the matter shall be first sent to the Planning Board of the Township of Maplewood for its consideration and subsequently referred to the Maplewood Village Special Improvement District, Inc., for its review and approval.

§ 237-9.3 Restrictions.

[Added 4-19-2005 by Ord. No. 2288-05]

Nail salons.

(1)

Nail salon defined. A “nail salon” shall include any business whose primary business is providing manicures, pedicures or other fingernail and/or toenail cosmetic treatment.

(2)

Location. Within the confines of the Maplewood Village Special Improvement District, no nail salon shall be located within 500 feet of an existing nail salon business. The distance between nail salon businesses shall be measured from the nearest entrance of the existing nail salon to the newest entrance of the proposed new nail business along the route that a pedestrian would normally walk.

Article II Springfield Avenue

[Adopted 12-19-2000 by Ord. No. 2138-00]

§ 237-10 Findings and policy.

The Township Committee of the Township of Maplewood finds as follows:

(1)

(2)

(3)

That a special assessment shall be imposed and collected by the Township of Maplewood with the regular property tax payment or payment in lieu of taxes and that such special assessment shall be transferred to the District Management Corporation to exercise the powers given it by this article and to effectuate the purposes of N.J.S.A. 40:56-65 et seq.

(4)

§ 237-11 Definitions.

[Amended 11-1-2005 by Ord. No. 2313-05; 12-19-2006 by Ord. No. 2377-06]

As used in this article, the following terms shall have the meanings indicated:

DISTRICT MANAGEMENT CORPORATION

SPECIAL IMPROVEMENT DISTRICT

An area within the Township of Maplewood designated by this article as an area in which a special assessment on all property within the district shall be imposed for the purposes of promoting the economic and general welfare of the district and the Township of Maplewood.

§ 237-12 Special improvement district description.

There is hereby designated a special improvement district (hereinafter "SID") which is more particularly described on Schedule A attached hereto and made a part hereof.[1] Any property listed on Schedule A and which is incorporated within the SID is exempt from the payment of any special assessment if it is exclusively used for residential purposes.

[1]

Editor's Note: The Springfield Avenue Special Improvement District Schedule A is on file in the Township offices.

§ 237-13 Special assessment.

The special improvement district, as described on Schedule A, shall be an area in which all of the property included therein, except as hereinafter stated, shall have imposed a special assessment for the purposes of promoting the economic and general welfare of the district and the Township of Maplewood. Any property located within the SID which is tax exempt shall not be subject to the special assessment. In the event that any tax-exempt entity makes a payment in lieu of taxes to the Township of Maplewood, then and in that event, said entity shall be subject to the imposition of a special assessment. The improvements and supplemental services in the SID will involve annual costs peculiar only to the SID and will be distinguished from improvements and services normally provided by the Township. While the improvements and supplemental services shall be maintained and operated pursuant to the provisions of this article and to N.J.S.A. 40:56-65, et seq. and the costs thereof assessed or taxed to the benefited properties pursuant to this article, such improvements and supplemental services shall not be substituted by the Township for improvements and services now supplied to the proposed SID nor be grounds for curtailment of future improvements and services planned.

§ 237-14 District Management Corporation.

The Springfield Avenue Partnership is hereby designated the District Management Corporation which shall assist the Township of Maplewood in promoting economic growth and development within the SID. Said District Management Corporation is or will be incorporated pursuant to the provisions of Title 15A of the New Jersey Statutes and is hereby designated as eligible to receive the funds collected as special assessment within the SID. In addition, the District Management Corporation shall:

Have a Board of Trustees consisting of at least 13 members, but not more than 19 members, chosen as follows:

(1)

Five to seven district property owners.

(2)

Four to five district tenants/business owners.

(3)

One to three Township resident(s).

(4)

One to two Township Committee representative(s) (or designee).

(5)

One administrative representative or Township employee.

(6)

One nonprofit representative (or designee).

(7)

Such additional persons, including owners of real estate located within the SID and officials of corporations or entities operating retail or service establishments therein, as may be selected under the bylaws of the District Management Corporation.

Exercise the following powers:

(1)

Adopt bylaws for the regulation of its affairs and the conduct of its business and to prescribe rules, regulations and policies in connection with the performance of its functions and duties.

(2)

Employ such persons as may be required, and fix and pay their compensation from funds available to the Corporation.

(3)

Apply for, accept, administer and comply with the requirements respecting an appropriation of funds or a gift, grant or donation of property or money.

(4)

(5)

Administer and manage its own funds and accounts and pay its own obligations.

(6)

Borrow money from private lenders for periods not to exceed 180 days and from governmental entities for that or longer periods.

(7)

Accept, purchase, rehabilitate, sell, lease or manage property in the SID.

(8)

Provide security, sanitation and other services to the SID supplemental to those provided normally by the Township.

(9)

Undertake improvements designed to increase the safety or attractiveness of the SID to businesses which may wish to locate there or to visitors to the SID, including, but not limited to, litter, clean up and control, landscaping, parking areas and facilities, recreational and rest areas and facilities, and those improvements generally permitted for pedestrian malls under Section 2 of P.L. 1972, c. 134 (C. 40:56-66), pursuant to pertinent regulations of the governing body.

(10)

Publicize the district and the businesses included within the district boundaries.

(11)

Organize special events in the district.

(12)

Provide special parking arrangements.

(13)

Provide temporary decorative lighting in the district.

§ 237-15 Budget.

(1)

Introduction and approval.

(2)

Public advertising.

(3)

Public hearing.

(4)

Amendments and public hearings, if required.

(5)

Adoption.

The public hearing shall be held at the time and place specified in the advertisement thereof, but may be adjourned from time to time until the hearing is closed. The budget as advertised shall be read at the public hearing in full or it may be read by its title, if:

(1)

At least one week prior to the date of the hearing a complete copy of the approved budget, as advertised;

(a)

Shall be posted in a public place where public notices are customarily posted in the Township Hall of the Township of Maplewood.

(b)

Is made available to each person requesting the same, during that week and during the public hearing; and

(2)

(1)

Add a new item in an amount in excess of 1% of the total amount as stated in the approved budget; or

(2)

Increase or decrease any item by more than 10%; or

(3)

Increase the amount to be raised pursuant to Section 16 of P.L. 1972, c. 134 (N.J.S.A. 40:56-80) by more than 5% unless the same is made pursuant to an emergency temporary appropriation only. Notice of hearing on an amendment shall be advertised at least three days before the date set therefor. The amendment shall be published in full in the same manner as an original publication and shall be read in full at the hearing and before adoption.

Final adoption shall be by resolution, adopted by a majority of the full membership of the Township Committee, and may be by title.

§ 237-16 Audit.

Concurrently with the introduction of this article and the submission of a plan for the SID, the District Management Corporation shall cause an annual audit of its books, accounts and financial transactions to be made and filed with the Township Committee of the Township of Maplewood, and for that purpose the corporation shall employ a certified public accountant of New Jersey. The annual audit shall be completed and filed with the governing body within four months after the close of the fiscal year of the corporation and a certified duplicate copy of the audit shall be filed with the Director of the Division of Local Government Services in the Department of Community Affairs within five days of the filing of the audit with the Township Committee of the Township of Maplewood.

§ 237-17 Annual report.

§ 237-18 Costs and assessments.

§ 237-18.1 Design criteria (Springfield Avenue).

[Added 1-21-2003 by Ord. No. 2205-03; amended 12-16-2014 by Ord. No. 2765-14]

Except as otherwise set forth herein, all provisions of the Zoning and Development Regulations of the Township of Maplewood and the Code of the Township of Maplewood shall govern.

Definitions. As used in this section, the following terms shall have the meanings indicated:

ARCHITECTURAL FEATURES/ELEMENTS

Those portions of a building or structure that account for its unique style and character, including roofline, entrances, windows and decorative details such as cornices, brackets, balustrades, friezes, moldings, pilasters, sills, lintels, etc.

ARCHITECTURAL BAY

A part of a building marked off by vertical elements, such as columns or pilasters. An opening or recess in a wall.

ARCHITECTURAL INTEGRITY

An appearance which retains the architectural features/elements of a building and conforms to the requirements for visual compatibility, massing, proportion and scale, proportion of facades, character of facades and proportion of openings.

BANNER

A graphic composed of a logo or design on a lightweight material either enclosed or not enclosed in a rigid frame and secured or mounted to allow movement caused by the atmosphere.

BOX SIGN

A sign that is usually rectangular, resembling a "box" and attached to the outside of building or storefront, covered in plastic or PVC material with graphics applied.

BUILDING MASS

The three-dimensional bulk of a structure: height, width and depth.

BUILDING PROPORTION

The width-to-height relationship of one building part to another building part or of one building to another.

BUILDING SCALE

The relationship of a particular building, in terms of building mass, to other area buildings.

CHANNEL LETTER SIGN

Individually illuminated letters and graphics mounted on a building facade, including face-lit and reverse channel halo letters, and individual letters illuminated by neon tubing placed behind the letters.

FACADE

Any exterior building face or wall.

FENESTRATION

The design and placement of windows in a building.

MZDR

Refers to the Municipal Zoning Regulations and is used throughout this document to refer the reader to specific sections of the Municipal Zoning Code.[1]

PERMANENT WINDOW GRAPHIC

Any sign made of a material other than paper or cardboard that is visible from the window area or that is applied or adhered directly to the window glazing or etched into that glazing.

PLANNING BOARD

The Township of Maplewood Planning Board.

PRINCIPAL FACADE

The facade(s) of a building that front on major streets and/or which are intended to contain the primary entrance to a building.

PUBLIC NUISANCE

SIDEWALK SIGN

A portable, outdoor sign that consists of two signboards that are hinged together at the top, which is carried or moved about without having to detach the sign from a secure anchoring device set in the ground or to a building. Said signs are also known as "A-frame" signs and "sandwich board" signs.

SIGN

SIGN FASCIA

The natural frame created by a building's architectural elements to accommodate a sign without obscuring any doors, windows, transoms, entrances or decorative detail.

SPRINGFIELD AVENUE PARTNERSHIP

The Springfield Avenue Special Improvement District.

STREET FURNITURE

Functional elements of the streetscape, including, but not limited to, curbs, lighting fixtures, trash receptacles, benches, and planters.

STREETSCAPE

The individual natural and man-made elements that constitute the physical makeup of a street and that, as a group, define its character.

TEMPORARY WINDOW GRAPHIC

Any sign visible from the window display area or adhered to window or door glazing, other than permanent window graphics, including community flyers, signs advertising a sale or promotion, or any other nonprofessionally manufactured sign. All paper and cardboard signs are considered to be temporary window graphics. No temporary graphics may be adhered to the exterior of a building.

VISUAL COMPATIBILITY

The design of building which is sufficiently consistent with other current streetscape improvements. The repair, alteration or renovation of a building in a manner in which such work is consistent with the current streetscape improvements in regards to its architectural features, its scale, mass, proportions, materials and colors.

WALL GRAPHIC

A sign attached to the surface of, and whose plane is parallel to, the plane of the exterior wall of a building.

WORK

Any physical change made to the exterior of a property or structure to increase its value and utility, or to enhance its appearance, including, but not limited to, the following: site work, new construction, additions, alterations, exterior restorations, cleaning, lighting, new or replacement signage, painting, street furniture and landscaping.

ZONING BOARD

The Township of Maplewood Zoning Board of Adjustment.

[1]

Editor's Note: See Ch. 271, Zoning and Development Regulations.

Building design standards.

(1)

Style. There are no specific style requirements for buildings in the district; however, it is the intent of these regulations to promote the use of materials and to encourage development which act as visual complements to the streetscape work undertaken by the Township. The design statement should be simple. Materials and details should be consistent throughout building design.

(a)

Avoid long, straight building shapes which are uninviting and do not contribute positively to the streetscape.

(b)

Detailing should add relief and shadow patterns to otherwise flat facades.

(c)

Painted or false detailing detracts from the integrity of the structure and is discouraged.

(d)

The exterior building design should be coordinated on all elevations with regard to color, materials, architectural form and detailing to achieve design harmony and continuity. All doors and windows should be trimmed whenever such treatment would be compatible with the architectural style of the building.

(e)

Buildings should be broken into a series of volumes that lessen the volume and mass. This can be accomplished on large structures by stepping back the upper levels or on smaller structures by integrating building projections and recesses in the design (i.e., overhangs, awnings, windows).

(f)

New facade construction and buildings should be designed to create interesting outdoor spatial relationships.

(g)

Building entries should be accentuated with strong definition and individual legibility for each tenant.

(2)

Materials.

(a)

Exterior building materials should be genuine and not simulated.

(b)

Synthetic stucco is specifically prohibited.

(c)

The number of materials on the exterior building face should be limited to prevent visual overload.

(d)

Reflective materials are not permitted.

(e)

The original finish of masonry facades must be maintained. Masonry that was originally unpainted shall remain so.

(3)

Colors.

(a)

The color of a building should not be such that the building is competing for attention. Generally, building colors should be subdued and not garish.

(b)

Integral coloring of concrete, stucco and similar materials is encouraged. Differentiation of color should relate to material and/or plane differentiation.

(c)

The larger and more simple the building, the more subtle should be the use of color. Smaller buildings, or those with elaborate detailing, can often use more color and more intense hues.

(d)

Use warm, muted shades as the body or overall building background color. More intense and richer hues of related or contrasting color should be used as accent colors and highlight colors for architectural elements.

(e)

Signage, window designs and awnings should be color coordinated with the building facade. Use darker, deeper and brighter shades on these elements to create interest on the facade and call attention to the windows and doorways.

(f)

All day-glow colors are prohibited within the district.

(g)

Suggested guidelines for paint color placement:

[1]

Store windows: match trim color.

[2]

Shutters: door color or other dark color which complements wall color.

[3]

Ironwork: black or other dark color.

[4]

Cornices: if wood or metal, match trim color.

[5]

Dormer windows: match window color.

[6]

Gutters/downspouts: bronze, green or other dark colors or match trim color.

[7]

[8]

Security gates (grandfathered): match door or window muntin color.

[9]

Sign panels: background color (also called "field color") should be compatible with the color of the surface to which the sign is attached.

(4)

Architectural design.

(a)

New construction and additions within the district shall be visually compatible with adjacent structures to the extent it is feasible and achieves desirable architectural continuity. Additions shall incorporate elements of the original facade into their design.

(b)

Franchise architecture. Franchises and chains must follow these standards to create a unique building that is compatible with the intent of these standards.

(c)

(d)

Proportion and scale. Property owners are encouraged to add second and third stories as allowed by existing ordinance for the purpose of creating additional commercial and residential space.

(e)

Setbacks. New construction and additions shall maintain the alignment of principal facades at the sidewalk edge. In no event shall the front yard setback exceed 10 feet for buildings fronting on Springfield Avenue.

(f)

Roofs. Roofs shall be less dominant than walls in the building's total design.

(g)

Proportion of facades. The relationship of the width to the height of the front elevation and its elements shall be visually compatible with that of adjacent buildings.

(h)

Character of facades. Buildings with expansive blank exterior walls not punctuated by window and door openings, horizontal decorative elements or vertical bays are not allowed in the district.

(i)

(j)

[1]

A minimum of 40% of the total ground floor facade facing Springfield Avenue must consist of glazing. If, in replacing the original window and doors, the minimum requirement is not met, then increased glazing must be added.

[a]

A minimum of 60% of the storefront area (calculated as the area inside the structural bay) shall be transparent glass. Storefront entrance doors shall be at least 75% transparent glass.

[2]

Replacement windows. Replacement windows and doors must be of the same size, shape, style, material and construction as the original windows and doors. This includes display windows.

[3]

Filler strips. Decorative panels or filler strips that reduce the size of original window and door sash openings to accommodate standard-size replacements are prohibited.

[4]

Display windows and window display areas:

[a]

All windows exposed to public view shall be kept clean and free of marks and foreign substances.

[b]

Except when necessary in the course of changing displays, no storage of materials, stock or inventory shall be permitted in window display areas ordinarily exposed to public view.

[c]

All screening of interiors shall consist of translucent materials that do not obstruct interior views.

[d]

All such devices shall be maintained in a clean and attractive manner and in a good state of repair.

[e]

Any material that blocks the interior view of businesses is strictly prohibited. The only permissible exception to this rule is during periods of renovation. During this time only, plain white or brown paper or paper provided by the Springfield Avenue Partnership may be used to cover windows.

[f]

Windows may not be permanently illuminated by perimeter lighting. Temporary perimeter lighting for holiday window displays or other special displays are allowed for no more than 45 days.

[5]

A commercial entrance facing Springfield Avenue must be maintained for all retail businesses. If a main entrance faces a municipal parking lot, a second entrance is required on Springfield Avenue to maintain a presence on the street.

[6]

No commercial, street-level space that faces Springfield Avenue shall be used for storage.

(k)

Shutters. Shutters are not permitted on the ground floor. Nonworking (decorative) shutters are permitted on above floors.

(l)

Electrical wiring. All electrical wiring shall be concealed rather than visible or in exposed conduit wherever feasible.

(m)

Repairs and restorations of existing buildings. If an earlier improvement to the original structure was not done in a way that respects the architectural integrity of the building or does not maintain visual compatibility with adjacent structures, then all preceding incompatible improvements shall be reversed and corrected when alterations/repairs to that component are undertaken.

(5)

(6)

Demolition. Except in instances where the Uniform Construction Code requires the demolition of a fire-damaged building, no building within the district shall be demolished without having a proposed alternative for new construction or use (i.e., schematic plans drawn by a licensed architect or engineer) that conforms to these guidelines. Such plan must be approved by the Springfield Avenue Partnership and the Planning Board, and the applicant must provide proof of project financing, i.e., lease agreements, loan agreements, mortgage commitments, etc.[2]

[2]

Editor's Note: See Ch. 93 Building Construction, Art. I, Uniform Construction Code.

(7)

Vacancy. Signage and window display areas on vacant storefronts must be maintained in the same good condition required of occupied properties. Property owners with storefronts vacant for more than 60 days must install a decorative window display approved by the district. Temporary coverings or window treatments may be used during construction or vacancy. Temporary window treatments must be maintained in good condition, without rips, fading, discoloration or dirt. If a plain paper temporary window treatment is employed, it must be solid brown or white paper or paper supplied by the Springfield Avenue Partnership. The use of newspaper for this purpose is prohibited.

(8)

Signage and graphics.

(a)

Each establishment shall display a permanent wall graphic, window graphic or awning bearing the name of such establishment and the street number at which it is located which faces the street on which the business is located.

(b)

All signs shall be architecturally integrated with their surroundings in terms of size, shape, color, texture and lighting so that they are complementary to the overall design of the building.

(c)

No handwritten signs are permitted in the district, with the exception of chalkboards and dry erase boards, as permitted in "sidewalk signs" in Subsection B(8)(g)[5] and [6] below.

(d)

Window graphics.

[1]

[See MZDR § 271-56A, Note A.] Except for "For Rent" signs, temporary window graphics must be removed within two days after the close of the sale or special event that they advertise, and in no event may they be displayed for more than 30 days. Accordingly, all temporary window graphics must have a removal date indicated on their backside. "Grand Opening" signs may be displayed for no more than 14 days.

[2]

Temporary graphics may not occupy more than 10% of the total area of the window in which displayed, including the windows of glazed doors.

[3]

[See MZDR § 271-56A, Note B.] Permanent window graphics may not occupy more than 25% of the total area of the window in which displayed, including the windows of glazed doors.

[4]

[See MZDR § 271-561(2).] Temporary window graphics are not debited against the allowable graphic area for permanent wall and ground graphics. The total area occupied by both permanent and temporary window graphics combined shall not exceed 25% of the total area of the window or glazed door in which displayed.

[5]

Temporary graphics are prohibited on the exterior of buildings, other than window areas.

[6]

During construction only, plain white or brown paper or paper provided by the Springfield Avenue Partnership may be used to cover windows.

(e)

Wall graphics [signs].

[1]

[See MZDR § 271-56D(1).] Wall graphics cannot be more than 24 inches high and cannot occupy more than 75% of the linear footage of the sign fascia.

[2]

[See MZDR § 271-56D(2).] Wall graphics are permitted within the sign fascia only on principal building facade only.

[3]

Wall graphics shall not project more than nine inches from the building wall to which they are affixed, except for projecting signs as permitted below.

[4]

Text on wall graphics shall be limited to the business name, address, phone and a brief description of the business.

[5]

Reverse halo illuminated channel letter signs are permitted within the district. Reverse halo illuminated channel letter signs cannot exceed 24 inches in height. Channel letters, other than reverse halo illuminated channel letters, are prohibited.

[6]

Box signs are strictly prohibited.

[7]

Permanent signs are permitted on solid doors as long as they do not exceed 25% of the total area of the door.

[8]

A ground floor use with a secondary entrance facing a public or private parking area or a public alley or other right-of-way shall be permitted to have additional window or wall graphics on or adjacent to such entrance. Such wall graphics cannot be more than 1.5 feet high and cannot occupy more than 50% of the linear footage of the sign fascia. All other signs, windows and wall graphics on building sides are prohibited.

[9]

Reflective materials are not permitted.

[10]

Internally illuminated or backlighted signs are not permitted except for theater marquees. Integral lighting is allowed for reverse halo illuminated signs only.

(f)

Projecting signs. Projecting signs are permitted below the second story, provided that:

[1]

Projecting signs must be securely attached to the building by an ornamental bracket.

[2]

No projecting sign may have more than two faces.

[3]

No projecting sign, including brackets, may project more than 48 inches from the building to which it is attached.

[4]

A projecting sign shall not be larger than eight square feet in area. Ornamental brackets are not included in this calculation.

[5]

Not more than one projecting sign is permitted for each entrance door.

[6]

[7]

Projecting signs may not be directly illuminated by neon or other light sources or illuminated from their interior.

[8]

Projecting signs may not be less than one inch nor more than three inches in thickness.

(g)

Sidewalk signs. Sidewalk signs are permitted in accordance with the following regulations:

[1]

Sidewalk signs are not to exceed 48 inches in height and 36 inches in width. Sign area is calculated on one side only.

[2]

Sidewalk signs must be constructed using one of the following durable materials: metal or wooden A-frame signs with open bases, or shaped silhouette signs made of plywood, similar woodlike material or metal that can withstand various weather conditions.

[3]

Glass, breakable materials, paper, laminated paper, vinyl, plastic, PVC pipe frames, or illumination are not permitted materials for sidewalk signs.

[4]

Sidewalk sign designs shall be uncluttered, with a minimum of text. Logos and graphics are encouraged.

[5]

Chalkboards in wood frames are permitted as sidewalk signs. Information conveyed on such signs may only be written in chalk and must change frequently.

[6]

Dry erase boards are permitted, and writing must change frequently.

[7]

Magnetic letter boards are not acceptable.

[8]

Rectangular signs are required to have an open base, either with wooden cutouts or legs.

[9]

One sidewalk sign is permitted per first-floor and one per second-floor tenant.

[10]

Sidewalk signs may not be permanently affixed and must be taken in at the close of business hours each day.

[11]

A sidewalk sign must be placed at the entrance to the business displaying it and may not be placed outside the area represented by an extension of each side of the store displaying the sign.

[12]

There must be a minimum of four feet of unobstructed paved surface for pedestrian traffic between the outside edge of the sidewalk sign and the curb.

[13]

The placement of sidewalk signs shall not obstruct the vision of vehicular traffic.

(h)

Areas of special control (from MZDR § 271-56G). [See MZDR § 271-56G(5).] The following graphics are prohibited:

[1]

Flashing, chasing, intermittent or changing color lights, including LEDs, fiber-optic signs, strobe lights, highway flashers or other "attention-getting" optical displays for graphics.

[2]

Pennants, steamers, advertising flags, feather flags, inflatable objects, twirlers and like objects.

[3]

Temporary banners are allowed in accordance with the following:

[a]

They must be removed within two-days after the close of the sale or special event they advertise.

[b]

They cannot be displayed for more than 30 days under any circumstance(s).

[4]

Time-and-temperature displays.

(i)

Sign maintenance.

[1]

All signs shall be maintained in good structural condition, in compliance with all applicable building and electrical codes and provisions of this section.

[2]

No sign shall have more than 20% of its surface covered by disfigured, cracked, ripped or peeling paint, vinyl letters or material.

[3]

An internally illuminated sign shall be allowed to stand with partial illumination for a period of no more than 30 consecutive days. After 30 days the sign must be repaired or removed.

(j)

Sign removal.

[1]

Abandoned signs. A sign that identifies or advertises an establishment that has not been operating on the property where the sign is located for 30 or more days shall be removed by the property owner within 30 days after written notification.

[2]

Additionally, support posts and frames that no longer contain signage must be removed from the property within six months after written notification.

[3]

Upon failure to comply with the notice within the specified time period, the Code Official is authorized to cause removal of such sign and support structures and to assign any expenses incidental to the removal of the same to the property owner.

(k)

Auxiliary elements: awnings, indirect illumination and floodlights.

[1]

Awnings. Awnings are permitted within the district:

[a]

[b]

Awnings used without permanent wall graphics may have lettering or graphics applied to their sloped portions and/or valances. Graphic areas on the sloped portion of the awning are not to exceed 25% of the area of the sloped portion of the awning. Lettering on valances must conform to the standard set forth in the previous subsection.

[c]

Style. Extended awnings shall be in the shape of a sloped flat plane. Bubble and waterfall-style awnings are prohibited.

[d]

Materials. All awnings must be made of fabric. Vinyl and metal awnings are not permitted.

[e]

Colors. Colors shall conform to the general building color guidelines. [See Subsection B(3) of this section.]

[f]

Other characteristics. Internally illuminated awnings are not permitted.

[g]

[h]

Awning valances may be no more than nine inches in height.

[i]

Awnings are permitted for second-story businesses. Lettering is restricted to the valance, must be no more than five inches in height and must be contained in one line. They may not be internally illuminated.

[2]

[See MZDR § 271-56I(3).] Indirect illumination, i.e., a light source not seen directly, is permitted. Internally illuminated or backlighted signs are not permitted except for theater marquees. Integral lighting is allowed for reverse halo illuminated signs only.

[3]

[See MZDR § 271-56I(4).] Floodlight illumination is permitted, provided that it employs guards and none of the light shines onto an adjoining property or in the eyes of motorists or pedestrians.

(l)

Additional provisions.

[1]

Mural signs. Mural signs painted directly on structures, accessory buildings, bridges, retaining walls, etc., promoting or advertising businesses, events, buildings and/or tenants are prohibited. Only murals created as public art are allowed and must be:

[Amended 9-6-2016 by Ord. No. 2822-16]

[a]

Proposed by the Springfield Avenue Partnership Public Art Committee; and

[b]

Approved by the Springfield Avenue Partnership Board of Trustees.

[2]

[3]

[4]

Video displays. Exterior video displays are prohibited.

[5]

Billboards. All billboards are prohibited.

[6]

Neon.

[a]

Neon signage displayed in the window area is considered a permanent window graphic. One neon window graphic is permitted on each frontage. Due to their special character, neon graphics may not occupy more than 10% of the total area of the window in which it is displayed. Neon signs are not permitted in second-story windows.

[b]

An establishment is permitted to have a neon window graphic or a neon wall graphic but not both.

[c]

Neon lighting is not permitted to outline windows or architectural features such as doors, cornices, friezes, etc.

[7]

Signs for designated parking areas.

[a]

With the exception of municipal lots, signs designating an entrance or exit, and/or street address, to or from a parking area shall be limited to one sign with a maximum area of two square feet for each exit or entrance.

[b]

One sign per parking space within an area designating the conditions of use or identity of such parking area, limited to a maximum size of four square feet, shall be permitted.

[c]

Private driveway signs, including the private nature of a driveway, shall be permitted, provided that the size of any such sign shall not exceed two square feet.

[d]

All such signs shall be located at least five feet from any property line.

[8]

Nonconforming signs. No nonconforming sign shall:

[a]

Be changed to another nonconforming sign.

[b]

Have any changes made on the words or symbols used or in the message displayed on the sign unless the sign is designed for periodic change of message.

[c]

Be structurally altered so as to prolong the life of the sign or so as to change the shape, size, type or design of the sign.

Site and streetscape design standards.

(1)

Special paving materials and site furnishings are important elements of the image, unity and character of the district. Use of these amenities is, therefore, strongly encouraged. The design and furnishing, lighting and paving should be consistent with the streetscape and use good-quality materials. When making improvements to private property, including the addition of benches, trash receptacles, fencing, bike racks or trash enclosures, owners must match the approved streetscape styles for these elements.

(2)

To establish and maintain a continuous streetscape, no gap in building frontage may exceed a length of 50 feet along Springfield Avenue, except for parks, plazas or public parking lots. Interruptions of the streetscapes, such as those required by vehicular service entrances and entrances to parking lots, shall be minimized. Driveways and vehicular service entrances crossing sidewalks and pedestrian walkways shall be paved in such a way as to accentuate for pedestrians the risk of cross traffic.

(3)

Parking and loading areas.

(a)

Where practical alternatives exist, parking should not be located in the front yard of parcels. Whenever feasible, parking should be located behind retail storefronts, in side yards not projecting forward from the front wall of the building and in rear yards.

(b)

All parking areas shall be suitably screened from view from all streets and public vantage points by decorative walls, fencing, and/or hedges at least four feet in height.

(c)

(d)

Parking lots must be kept in satisfactory condition, maintaining an adequate surface, striping, proper drainage and lighting and be free from excessive weeds and litter.

(e)

No loading or service areas shall be permitted in the front or side yard unless screened from view from public streets, similar to the requirements for parking.

(4)

Landscaping. Site development should include well-planned landscaping as an integral part of the project. Landscaping plans should exhibit an overall concept and utilize plant materials in a logical, orderly manner, which define spatial organization and relate to buildings and structures.

(a)

Existing landscape elements should be incorporated into the design, assuming compatibility.

(b)

Selection of plant materials should be based on their year-round interest as well as their size, texture and shape.

(c)

Plant species should be tolerant of urban conditions such as road salt near paved areas and relatively resistant to pests, disease and drought.

(5)

Planters, benches and/or private waste containers or other street furniture items are subject to the approval of the SAP Design Review Committee.

(6)

Lighting.

(a)

Lighting for a building must be contained on the property on which the building is located.

(b)

All floodlights must employ glare guards so as to minimize light pollution and the lighting of unintended areas.

(c)

Commercial spaces must provide interior illumination from dusk until 12:00 midnight.

(d)

Adequate lighting shall be provided for any parking areas or pedestrian walkways located in the rear of a building.

(7)

Other standards.

(1)

Vending machines. All newspaper vending machines, express mailboxes and/or other such dispensers must be located in areas designated for these items by the Township and conform to all design criteria, licensing, and maintenance requirements established by ordinance. Vending machines must be located inside or directly adjacent to a commercial building and shall not be internally illuminated.

(2)

Audio devices. Attention-getting sound sources, such as speakers, enunciators, etc., are prohibited.

(3)

Security gates and devices. Exterior-mounted security devices such as roll-up doors and accordion-type scissors gates are not permitted. Interior-mounted security devices, if visible from the street, must be approved by the Springfield Avenue Partnership. Permanent window bars or grillwork are permitted on side and rear facades only.

(4)

Graffiti. In addition to the provisions of Chapter 141 of the Code of the Township of Maplewood, within the Special Improvement District all graffiti is prohibited regardless of the consent of the property owner. Graffiti shall be removed by the property owner within one week of its appearance. Graffiti on unpainted surfaces must be removed by cleaning, not by painting over.

(5)

Incongruous features. Air conditioners, vents, chimneys, etc., are not permitted on the principal facade(s) of a building.

(6)

Fire escapes. New fire escapes are not permitted on the principal facades, i.e., the facade facing the street(s) on which a building is located, of a building.

Penalties. Violations of these provisions will be punishable pursuant to § 271-71J of the Zoning and Development Regulations of the Township of Maplewood.

Design review process.

(1)

Within the special improvement district, all exterior work, whether or not requiring a permit, including but not limited to sign or awning installation, painting, repairs, renovation, alteration and new construction, shall be approved prior to the start of work by the Springfield Avenue Partnership (SAP). Work is not to be begun before written approval by the Springfield Avenue Partnership.

(2)

Subsequent to approval from the Springfield Avenue Partnership, the applicant shall proceed to secure a building permit from the Construction Official of the Township of Maplewood.

(3)

In the event that the Springfield Avenue Partnership denies approval for proposed work, said Board shall provide the applicant with a written denial setting forth the specifics forming the basis of the denial.

(4)

Types of work requiring permit and/or design review.

Type of Work	SAP Design Review Required	Permit Required
Replacing an existing sign or awning	Y	Y
Installing a temporary banner	Y	N
Installing a new sign or awning	Y	Y
Installing a permanent window graphic	Y	N
Building a new building or addition	Y	Y
Painting or cleaning a building	Y	N
Removing/replacing doors or windows	Y	N
Installing fencing or trash enclosure	Y	N
Installing street furniture	Y	N
Installing temporary window covering on vacant storefronts	Y	N
Making, closing or relocating door window openings	Y	Y
Landscaping	Y	N

(5)

Plans submitted for approval must include an approximation of the colors, materials, proposed landscaping and site amenities for the project. A final materials review with all facade details clearly identified and listed shall be presented to and approved by the Springfield Avenue Partnership prior to any issuance of permits by the Township of Maplewood. Site elements such as outdoor lighting, signage, trash receptacles and fencing are integral elements of the landscape and must be included in landscaping plans.

Appeals. Any applicant denied approval for proposed work by a Springfield Avenue Partnership may, within 20 days of receipt of the written denial, appeal the decision to the Planning Board by serving a notice of appeal on the Secretary of the Planning Board at 574 Valley Street, Maplewood, New Jersey 07040. The Planning Board will make every effort to hear the appeal at the first regularly scheduled meeting following service of the notice of appeal.

§ 237-18.2 Applicability and effect of design criteria.

[Added 1-21-2003 by Ord. No. 2205-03]

The design criteria of § 237-18.1 be and are hereby adopted by the Township of Maplewood such that the construction or alteration of building and structure facades within the Springfield Avenue Special Improvement District be and are subject to prior review and approval to ensure compliance with the aforementioned criteria.

To the extent that the provisions of this section or § 237-18.1 change or modify any other ordinance or code section of the Township of Maplewood, said change or modification shall apply to the Springfield Avenue Special Improvement District and shall not otherwise change or modify other ordinances or code provisions in effect.

The Springfield Avenue Partnership Improvement District, Inc., be and is hereby authorized to review and grant or deny requests for the construction or alteration of building and structure facades within the Springfield Avenue Special Improvement District.

Any affected party may appeal the decision of the Springfield Avenue Partnership Special Improvement District, Inc., to the Township of Maplewood Planning Board.

In the event that any construction or alteration of building or structure facades within the Springfield Avenue Special Improvement District also requires site plan approval, the matter shall first be sent to the Construction Official for referral to the Planning Board or Zoning Board of Adjustment of the Township of Maplewood for consideration and subsequently referred to the Springfield Avenue Partnership Special Improvement District, Inc., for its review and approval.[1]

[1]

Editor's Note: Former § 237-18.3, Restriction on location of beauty salons, barber shops, nail salons and beauty schools, added 11-1-2005 by Ord. No. 2313-05, which immediately followed this section, was repealed 12-19-2006 by Ord. No. 2377-06.

§ 237-19 When effective; termination.

[Amended 12-20-2005 by Ord. No. 2329-05; 12-16-2008 by Ord. No. 2575-08]

This article shall take effect after final passage and publication according to law and shall remain in effect until 11:59 p.m. on December 31, 2013.