Township of Readington, NJ Article XII Sign Requirements and Regulations

[Amended 4-6-1998 by Ord. No. 8-98; 4-15-2002 by Ord. No. 9-2002; 11-4-2002 by Ord. No. 49-2002; 4-4-2011 by Ord. No. 08-2011]

§ 148-112 Short title.

This article shall be known as the "Sign Regulations of the Township of Readington, Hunterdon County, New Jersey."

§ 148-113 Purpose, intent and scope

It is the purpose of this article to promote the public health, safety and general welfare through reasonable, consistent and nondiscriminatory sign standards. The sign regulations in this article are not intended to censor speech or to regulate viewpoints, but instead are intended to regulate the secondary effects of speech, and especially insofar as those secondary effects may adversely affect aesthetics and traffic and pedestrian safety. In order to preserve and enhance the Township as a desirable community in which to live and do business, a pleasing, visually attractive environment is of foremost importance. The regulation of signs within the Township is a highly contributive means by which to achieve this desired end. These sign regulations have been prepared with the intent of protecting and enhancing the visual character of the Township and promoting its continued well-being, and are intended to:

A. Encourage the effective use of signs as a means of communication in the Township;

B. Maintain and enhance the aesthetic character, both visually and spatially, and the Township's ability to attract sources of economic development and growth;

C. Improve pedestrian and traffic safety;

D. Minimize the possible adverse effect of signs on nearby public and private property;

E. Foster the integration of signage with architectural and landscape designs;

F. Lessen the visual clutter that may otherwise be caused by the proliferation, improper placement, illumination, animation, excessive height and excessive size (area) of signs which compete for the attention of pedestrian and vehicular traffic;

G. Allow signs that are compatible with their surroundings and aid orientation, while precluding the placement of signs that contribute to sign clutter or that conceal or obstruct adjacent land uses or signs;

H. Encourage and allow signs that are appropriate to the zoning district in which they are located and consistent with the category of use and function to which they pertain;

I. Curtail the size and number of signs and sign messages to the minimum reasonably necessary to identify a residential or business location and the nature of any such business;

J. Establish sign size in relationship to the scale of the lot and building on which the sign is to be placed or to which it pertains;

K. Categorize signs based upon the function that they serve and tailor the regulation of signs based upon their function;

L. Preclude signs from conflicting with the principal permitted use of the site and adjoining sites;

M. Regulate signs in a manner so as to not interfere with, obstruct the vision of or distract motorists, bicyclists or pedestrians;

N. Except to the extent expressly preempted by state or federal law, ensure that signs are constructed, installed and maintained in a safe and satisfactory manner, and protect the public from unsafe signs;

O. Preserve, conserve, protect and enhance the aesthetic quality and scenic beauty of all districts of the Township;

P. Allow for traffic control devices consistent with national standards and whose purpose is to promote highway safety and efficiency by providing for the orderly movement of road users on streets and highways, and that notify road users of regulations and provide warning and guidance needed for the safe, uniform and efficient operation of all elements of the traffic stream;

Q. Protect property values by precluding to the maximum extent possible sign types that create a nuisance to the occupancy or use of other properties as a result of their size, height, illumination, brightness or movement;

R. Protect property values by ensuring that sign types, as well as the number of signs, are in harmony with buildings, neighborhoods and conforming signs in the area;

S. Regulate the appearance and design of signs in a manner that promotes and enhances the beautification of the Township and that complements the natural surroundings in recognition of the Township's reliance on its natural surroundings and beautification efforts in retaining economic advantage for the community;

T. Preserve and enhance the rural and historic character of the Township; and

U. Enable the fair and consistent enforcement of these sign regulations.

§ 148-114 Prohibited signs

The following signs and sign types are prohibited within the Township and shall not be erected. Any lawfully existing permanent sign or sign type that is among the prohibited signs and sign types listed below shall be deemed a nonconforming sign subject to the provisions of § 148-15.

A. Billboards.

B. Revolving signs.

C. Flashing, sparkling or glittering signs.

D. Animated signs.

E. Wind signs.

F. Portable signs.

G. Roof signs.

H. Abandoned and discontinued signs.

I. Snipe signs; bandit signs.

J. Projecting signs, except as expressly allowed.

K. Bus bench advertising signs; bus shelter advertising signs.

L. Signs that emit smoke, visible vapor or smoke, sound, odor, or visible particles or gaseous matter.

M. Signs that have unshielded illuminating devices and/or that do not fully comply with § 148-67, the Township's lighting ordinance regulations.

N. Signs that obstruct, conceal, hide or otherwise obscure from view any official traffic or governmental sign, signal or device.

O. Signs within a sight triangle.

P. Signs in the public right-of-way, other than traffic control device signs, warning signs or safety signs.

Q. Signs other than a traffic control device sign that use the word "stop" or "danger," or present or imply the need or requirement of stopping or the existence of danger, or which copy or imitate any official traffic control device signs, and which are adjacent to the right-of-way of any road, street or highway.

R. Signs prohibited by state or federal law.

S. Vehicle sign or signs which have a total sign area on any vehicle in excess of 10 square feet, when the vehicle is not regularly used in the conduct of the business or activity advertised on the vehicle, and is visible from a street right-of-way within 100 feet of the vehicle, and is parked for more than five consecutive hours within 100 feet of any street right-of-way. A vehicle shall not be considered "regularly used in the conduct of the business or activity" if the vehicle is used primarily for advertising, or for the purpose of advertising, or for the purpose of providing transportation for owners or employees of the business or activity advertised on the vehicle.

T. Signs located on real property without the permission of the property owner.

U. Beacon signs, except as required by federal or state law.

V. Intermittent signs.

W. Sandwich board signs, except as specifically provided in individual zone districts.

X. Signs located, painted or affixed on a water tower, storage tower, communications tower or other utility structure that are visible from a public street or roadway.

Y. Signs with changeable copy/graphics that exhibit any one of the following characteristics:

(1) Change more frequently than once every 24 hours.

(2) Exceed 12 square feet in area.

(3) Are accessory to a principal use that is not specifically permitted.

(4) Would otherwise constitute a prohibited or nonconforming sign.

(5) Transition between messages using scrolling, fading, dissolving, pixilation, zooming, wiping, moving copy or any graphic effect other than an instantaneous static replacement of the message.

(6) Contain/exhibit more than a single color of copy/graphics.

(7) Contain/exhibit more than a single-color background.

(8) Contain/exhibit a background color that is lighter in contrast to the copy/graphics color.

(9) Contain/exhibit copy consisting of more than a single font type.

Z. Banners.

§ 148-115 Nonconforming signs.

A nonconforming sign that was lawfully erected may continue to be maintained until the nonconforming sign is substantially damaged or destroyed. At such time that the nonconforming sign is substantially damaged or destroyed, the nonconforming sign must either be removed or be brought into conformity with this article and with any other applicable law or regulation.

§ 148-116 Exemptions.

This article does not pertain to the following:

A. A sign, other than a window sign, located entirely inside the premises of a building or enclosed space.

B. A sign on a car, other than a prohibited vehicle sign or signs.

C. A statutory sign.

D. A traffic control device sign.

E. Any sign not visible from a public street, sidewalk or right-of-way, except that the foregoing does not exempt a sign for a commercial use that is visible from an abutting residential property or use.

§ 148-116.1 Permits.

A. Building permits. It shall be unlawful for any person or business or the person in charge of the business to erect, construct or alter a permanent sign structure whose construction is subject to the New Jersey Uniform Construction Ordinance, without first obtaining such building permit from the Township as may be required by the New Jersey Uniform Construction Ordinance. Permit fees, if any, shall be paid in accordance with the applicable fee schedules. The requirement of a building permit under the New Jersey Uniform Construction Ordinance is separate and independent of the requirement for a sign permit under this article.

B. Sign permits.

(1) Allowed temporary signs, except for special event signs, of the type described in § 148-116.8 of this article shall be exempt from sign permitting hereunder. Temporary special event signs shall require a permit.

(2) Allowed permanent signs of the type described in § 148-116.8 of this article shall be exempt from sign permitting hereunder.

(3) No sign permit shall be issued for the erection of a prohibited sign.

(4) Unless exempt from permitting as provided in § 148-116.8 of this article, no permanent sign shall be erected, altered, relocated, maintained or displayed until a sign permit is obtained from, and the appropriate fee, if any, is paid to, the Township.

(5) A sign lawfully erected under permit may be repainted or have ordinary and customary repairs performed, including replacement of plastic or glass panels, without a new sign permit; however, if such sign is to be structurally altered in any manner, a new sign permit shall be required, and the altered sign must meet all requirements of this article and this chapter.

C. Sign permit application and issuance of sign permit.

(1) A sign permit application shall be made upon a form provided by the Township. The sign permit application is in addition to any building permit application required by the New Jersey Uniform Construction Ordinance. The sign permit application shall be accompanied by plans and specifications drawn to scale, together with any site plan required by this article or this chapter. The applicant shall furnish the following information on or with the sign permit application form:

(a) The block, lot and street address of the real property where the sign is proposed to be located.

(b) The zoning district for the real property on which the sign will be located.

(c) The name, mailing address and telephone number (where available) of the owner(s) of the real property where the sign is proposed to be located.

(d) A notarized statement of authorization signed by the owner(s) consenting to the placement of the proposed sign on the real property.

(e) The name, mailing address and telephone number of the sign contractor.

(f) Type of proposed sign (e.g., wall sign or freestanding sign).

(g) The proposed sign area.

(h) The cost of the proposed sign.

(i) If the proposed sign is a freestanding sign:

[1] The height of the proposed freestanding sign.

[2] The sign area of the freestanding sign and the dimensions utilized to calculate the size.

[3] The distance between the closest existing freestanding sign and the proposed freestanding sign as measured in each direction along each abutting street or right-of-way.

[4] The location, height and area of any existing freestanding sign on the same lot where the proposed freestanding sign will be located.

[5] The front and side yard setbacks for the proposed sign.

(j) If the proposed sign is an attached sign, the building frontage for the building to which the attached sign shall be affixed.

(k) The number, type, location and surface area for all existing signs on the same lot and/or building on which the sign will be located.

(l) Whether the proposed sign will be an illuminated or nonilluminated sign.

(2) An applicant shall deliver a sign permit application for a permanent sign to the Township's Zoning Officer or his or her designee, or such other person as designated by the Township. The sign permit application shall be reviewed for a determination of whether the proposed sign meets the applicable requirements of this article and any applicable zoning law. The review of the sign permit application shall be completed within 10 calendar days from the date of receipt of the application, and the application shall be granted or denied within that time frame. In the event that no decision is rendered within 10 calendar days following submission, the application shall be deemed granted; however, the application shall be deemed denied if the application is for a prohibited sign, and the applicant may appeal to the Board of Adjustment pursuant to the MLUL.

D. Fees.

(1) Sign permit fees. Every person making an initial application for a sign permit shall pay a sign permit fee to the Township at the time of the application. This sign permit fee shall be deemed a zoning permit fee and shall be in accordance with the zoning permit fee schedule set forth in Article XI of this chapter.

(2) Building permit fees distinguished. The sign permit fee, if any, shall be separate and apart from any required fee for a building permit for the erection of a sign covered by the New Jersey Uniform Construction Ordinance.

E. Conditions.

(1) Duration of permit. If the work authorized under a sign permit has not been completed within 180 days after the date of issuance, the permit shall become null and void and a new application for a sign permit shall be required.

(2) Maintenance of signs.

(a) All visible portions of a sign and its supporting structure shall be maintained in a safe condition and neat appearance according to the following:

[1] If the sign is lighted, all lights shall be maintained in working order and functioning in a safe manner.

[2] If the sign is painted, the painted surface shall be kept in good condition.

[3] Every sign shall be kept in such manner as to constitute a complete or whole sign.

(b) Lawfully erected nonconforming signs may suffer only ordinary and customary repairs and maintenance. A lawfully erected nonconforming sign shall not be structurally altered except in full conformance with this article.

(3) Unlawful cutting of trees or shrubs. No person may, for the purpose of increasing or enhancing the visibility of any sign, damage, trim, destroy or remove any trees, shrubs or other vegetation located:

(a) Within the right-of-way of any public street or road, unless the work is done pursuant to the express written authorization of the Township or agency having jurisdiction over the streets.

(b) On property that is not under the ownership or control of the person doing or responsible for such work, unless the work is done pursuant to the express authorization of the person owning the property where such trees or shrubs are located.

§ 148-116.2 Sign illumination.

The illumination of signs, where allowed, shall comply with § 165-67 of the Land Development Ordinance of Readington Township.

§ 148-116.3 Substitution of noncommercial speech for commercial speech.

Notwithstanding anything contained in this article or this chapter to the contrary, any sign erected pursuant to the provisions of this article or this chapter with a commercial message may, at the option of the owner, contain a noncommercial message unrelated to the business located on the premises where the sign is erected. The noncommercial message may occupy the entire sign face or any portion thereof. The sign face may be changed from a commercial to a noncommercial message, or from one noncommercial message to another, as frequently as desired by the owner of the sign, provided that the sign is not a prohibited sign or sign type, and provided that the size, height, setback and other dimensional criteria contained in this article and this chapter have been satisfied.

§ 148-116.4 Content neutrality as to sign message (viewpoint).

Notwithstanding anything in this article or this chapter to the contrary, no sign or sign structure shall be subject to any limitation based upon the content (viewpoint) of the message contained on such sign or displayed on such sign structure.

§ 148-116.5 Setback measurement.

Required setbacks for signs in all zoning districts shall be measured from the property line to the nearest part of the sign.

§ 148-116.6 Double-faced signs.

Double-faced signs shall be permitted in all zoning districts, provided the signs are designed and constructed such that the two sign faces are back to back with a maximum distance of 18 inches between the two sign faces and directionally oriented 180 degrees from each other. The maximum sign area allowed shall be permitted for each sign face.

§ 148-116.7 Temporary on-site special event signs.

A. Temporary on-site special event signs shall be permitted in all districts, provided they have been approved by the Zoning Officer as meeting the following content-neutral criteria:

(1) The signs are temporary signs for a limited time and frequency, limited to one per event;

(2) The signs are for a special event as defined herein (See special event sign.);

(3) The temporary signs will not exceed 24 square feet in sign area and six feet in height;

(4) The temporary signs will not conceal or obstruct adjacent land uses or signs;

(5) The temporary signs will not conflict with the principal permitted use of the site or adjoining sites;

(6) The temporary signs will not interfere with, obstruct the vision of or distract motorists, bicyclists or pedestrians;

(7) The temporary signs will be installed and maintained in a safe manner; and

(8) The display of temporary signs for a special event shall not begin any earlier than three weeks before the event and shall be removed within two business days after the event.

B. Consistent with § 148-116.4 of this article, approval or disapproval shall not be based on the content of the message contained (i.e., the viewpoint expressed) on such signs. The Zoning Officer shall render a decision within 10 days after an application is made for such temporary signs. In the event that no decision is rendered within 10 calendar days following submission, the application shall be deemed granted; however, the application shall be deemed denied if the application is for a prohibited sign, and the applicant may appeal to the Board of Adjustment. Such a decision shall be deemed an administrative interpretation, and any person adversely affected has the right to appeal the decision to the Board of Adjustment pursuant to the Municipal Land Use Law, N.J.S.A. 40:55D-70; however, the appeal shall be accelerated and shall be heard by the Board of Adjustment and determined within 30 days after the appeal is filed, pursuant to the Municipal Land Use Law, N.J.S.A. 40:55D-70.

§ 148-116.8 Applicability; permitted signs.

The regulations in this article apply in every zoning district, except where otherwise specified or indicated. Sign permits are not required for the signs and sign types described and identified in this section.

A. Street address signs. For each parcel, residence or business, one street address sign may be displayed. For each residence, the street address sign shall not exceed two square feet in sign area unless required by applicable law. For each business or parcel in nonresidential use, the street address sign shall not exceed six square feet in sign area unless required by applicable law.

B. Nameplate or occupant identification signs. For each residence, business or other occupancy, one nameplate sign may be displayed. For residences, the nameplate or occupant identification signs shall not exceed two square feet in sign area. For any nonresidential use, the nameplate or occupant identification sign shall not exceed six square feet in sign area.

C. Directional signs. Noncommercial on-site directional signs, not exceeding 2.5 square feet in sign area and 3.5 feet in height, shall be allowed on each parcel.

D. Parking space signs. Noncommercial on-site parking space number signs, not exceeding one square foot of sign area, shall be for a noncommercial use having multiple parking spaces on site. One such sign shall be allowed for each parking space.

E. Free expression signs. For each parcel, one free expression sign not exceeding four square feet in sign area may be displayed. The free expression sign may be displayed as an attached sign or as a freestanding sign; if displayed as a freestanding sign, the freestanding sign shall not exceed three feet in height. A free expression sign is in addition to any other sign permitted under this article and is permitted in any zoning district. Only one such sign shall be permitted on each lot.

F. Election signs. For each parcel, one election sign for each candidate and each issue may be displayed. An election sign may be displayed as an attached sign or as a freestanding sign. The election sign shall not exceed four square feet in sign area if located on a lot in a residential district and shall not exceed 24 square feet in sign area if located on a lot in a nonresidential district. If the election sign is displayed as a freestanding sign on the parcel, the election sign shall not exceed three feet in height. An election sign shall be removed within seven calendar days following the election to which it pertains.

G. Flagpoles. One flagpole is allowed for each parcel. A flagpole shall not exceed 35 feet in height and shall be subject to setbacks in the applicable zones in which it is located.

H. Flags. For each flagpole, two flags not greater than 24 square feet in sign area each may be displayed.

I. Warning signs and safety signs. Warning signs and safety signs, not exceeding four square feet in sign area, shall be allowed in all districts.

J. Temporary construction signs. One temporary construction sign shall be allowed on a lot, subject to the following limitations:

(1) Number. For each lot, one temporary construction sign shall be permitted.

(2) Size and height. For a lot in a residential district, a temporary construction sign shall not exceed four square feet in sign area and three feet in height; and for a lot in a nonresidential district, a temporary construction sign shall not exceed 24 square feet in sign area and six feet in height.

(3) Setback. Temporary construction signs shall be set back from any lot line by at least five feet.

(4) Duration. Temporary construction signs shall be removed within seven days following the issuance of the certificate of occupancy or the expiration date of any applicable building permit, whichever shall first occur.

K. Temporary real estate signs.

(1) Number. One temporary real estate sign may be displayed on each parcel of land or part thereof that is for sale, lease, or rent; however, when more than one dwelling unit or nonresidential space on a parcel of land is for sale, lease or rent, there may be one real estate sign for each such unit or space. For a parcel with dual street frontage, such parcels may have one additional temporary real estate sign per frontage.

(2) Size and height. For residential uses, the temporary real estate sign shall not exceed four square feet in sign area and three feet in height; and for a nonresidential use, the temporary real estate sign shall not exceed 24 square feet in sign area and six feet in height.

(3) Setback. Temporary real estate signs shall be set back from any lot line by at least five feet.

(4) Duration. Temporary real estate signs shall be removed within seven days following the closing or settlement of a sale, lease or rental of the real estate that was offered for sale, lease, or rent.

L. Temporary garage-yard sale signs. For each parcel with a lawful residential use, a temporary garage-yard sale sign may be displayed, subject to the following limitations:

(1) Number. One temporary garage-yard sale sign may be displayed.

(2) Size and height. A temporary garage-yard sale sign shall not exceed four square feet in sign area and three feet in height.

(3) Setback. A temporary garage-yard sale sign shall be set back from any lot line by at least five feet.

(4) Duration. A temporary garage-yard sale sign may not be displayed for a period longer than three days twice a year.

M. Temporary window signs. For each lot, one or more temporary window signs may be displayed. On lots that are in residential use, the temporary window sign(s) shall not exceed an aggregate of three square feet in sign area. On lots that are in nonresidential use, the temporary window sign(s) shall not exceed an aggregate of 24 square feet in sign area. Temporary window signs shall not cover more than 25% of any window surface.

N. Temporary future development signs. A temporary future development sign shall be allowed in new subdivisions, subject to the following limitations:

(1) Number. No more than one such sign shall be allowed upon any property held in single and separate ownership.

(2) Size and height. A temporary future development sign shall not exceed 24 square feet in sign area. A temporary future development sign shall not exceed six feet in height.

(3) Setback. A temporary future development sign shall be set back from any lot line by at least five feet.

(4) Duration. Temporary future development signs shall be removed within seven days after the last dwelling has been sold.

O. Government or government agency signs.

§ 148-116.9 Signs permitted in residential districts.

In addition to the permanent and temporary signs and sign types that are allowed pursuant to § 148-116.8 of this article, the following permanent and temporary signs are also allowed within the residential districts designated in the Readington Township Land Development Ordinance, as amended from time to time. The permanent signs described below require a sign permit.

A. Freestanding signs and wall-mounted signs for multifamily residential uses. For each permitted multifamily residential use, there may be one permanent freestanding identification sign located on each public street frontage from which public vehicular access is derived and one wall identification sign for each building. A permanent freestanding identification sign shall be set back at least 10 feet from any property line, shall not exceed 24 square feet in sign area and shall not exceed six feet in height. A permanent wall identification sign shall not exceed four square feet in sign area.

B. Freestanding signs and wall-mounted signs for institutional, quasi-public and public uses. For each permitted institutional, quasi-public or public use, there may be one permanent freestanding or wall-mounted identification sign that does not exceed 20 square feet in sign area. Freestanding signs shall not exceed six feet in height.

C. Temporary agricultural signs. For a permitted agricultural farm stand or agricultural-entertainment use, four temporary agricultural signs may be displayed. A temporary agricultural sign shall not exceed four square feet in sign area. A temporary freestanding agricultural produce sign shall not exceed four feet in height.

D. Permanent agricultural signs. For a permitted active agricultural use, one freestanding or attached sign at the entrance to the farm may be displayed. Such a sign shall not exceed 16 square feet in sign area. If freestanding, it shall not exceed six feet in height and shall not be located closer than 10 feet from a property line or street right-of-way.

§ 148-116.10 Signs permitted in nonresidential districts.

In addition to the permanent and temporary signs and sign types that are allowed pursuant to §§ 148-116.8 and 148-116.9 of this article, the following permanent signs are also allowed within the nonresidential districts designated in the Readington Township Land Development Ordinance, as amended from time to time. Other than incidental signs, the permanent signs described below require a sign permit.

A. B and PO Zones. One permitted freestanding sign based on the following schedule:

(1) For lots less than two acres in size, a freestanding sign shall not exceed 20 square feet in area.

(2) For lots from two acres to less than five acres in size, a freestanding sign shall not exceed 35 square feet in area.

(3) For lots five acres or greater in size, a freestanding sign shall not exceed 50 square feet in area.

(4) Freestanding signs shall be located a minimum of 10 feet from any property line.

(5) The height of a freestanding sign shall not exceed eight feet above the street pavement elevation.

(6) The freestanding sign for a multitenanted center or building (three or more tenants) shall contain only the name or name and address of the center.

(7) Facade signs shall be permitted based on the following schedule:

(a) Single-tenanted buildings shall be permitted one facade sign not to exceed one square foot of sign area per linear foot of the front building facade, not to exceed 24 square feet. If no freestanding sign exists or is proposed, the area of the facade sign may be increased, provided that the amount of the increase does not exceed the maximum permitted sign area that would have otherwise been allowed for a freestanding sign.

(b) For multitenanted buildings where the primary entrance to each tenant's space is directly from the exterior of the building, one facade sign per tenant shall be permitted that does not exceed one square foot of sign area per linear foot of the facade of the space occupied by the business that contains the main entrance to the business' portion of the building, but sign area shall not exceed 12 square feet.

(c) For multitenanted buildings where the primary entrances to each business' space is from an internal lobby, hallway or common area, individual businesses shall not be permitted to have an external facade sign unless the business has a private customer or client entrance to the exterior. In this case, one facade sign shall be placed immediately adjacent to the private external entrance and shall not exceed six square feet in area. Anchor businesses with major external entrances shall be permitted one facade sign per major entrance not to exceed 24 square feet in area. At the main common entrances to multitenanted buildings, one facade sign per such entrance shall be permitted to indicate the name of the center or building and shall not exceed 24 square feet in area.

[1] Within multitenanted buildings and multibuilding complexes, the signs shall be of the same construction type and uniform in design, letter type and colors used.

[2] Within multibuilding complexes, on-site directory signs shall be permitted as approved by the Board; each sign shall not exceed 12 square feet in size and six feet in height.

B. VC Zone.

(1) One freestanding sign shall be permitted per lot that does not exceed 20 square feet in area. Freestanding signs shall not exceed six feet in height and shall be located a minimum of two feet from a sidewalk or from the edge of road pavement, whichever is greater.

(2) One facade sign per building is permitted that does not exceed a total of one square foot of sign area per linear foot of the front facade. In the VC Zone, a facade sign may be two-sided and attached perpendicular to the building, provided that the bottom of the sign is not less than eight feet above grade if it overhangs a sidewalk. If no freestanding sign exists or is proposed, the area of the facade sign may be increased, provided that the amount of the increase does not exceed the maximum permitted sign area that would have otherwise been allowed for a freestanding sign.

(3) Signs in this zone shall be oriented to pedestrian traffic and shall be designed to complement the architecture of the building. Internally illuminated signs shall be discouraged.

(4) Sandwich board sign. Nonresidential uses in the VC Zone may have one sandwich board sign per property that does not exceed a height of three feet and an area of six square feet.

C. ROM-1, ROM-2 and RO Zones.

(1) One permitted freestanding sign is permitted per road frontage, not to exceed two freestanding signs, based on the following:

(a) For lots less than 10 acres in size, a freestanding sign may have an area not exceeding one square foot per five linear feet of road frontage and not exceeding 35 square feet in size.

(b) For lots 10 acres in size or greater, a freestanding sign may have an area not exceeding equal to one square foot per five linear feet of road frontage and not exceeding 50 square feet in size.

(c) Where developments contain three or more tenants or uses on one lot, the freestanding sign shall contain only the name of the development or the name and address of the development.

(d) Freestanding signs shall be set back a minimum of 50 feet from the street right-of-way and shall not exceed eight feet in height above the grade.

(2) Facade signs shall be permitted based on the following schedule:

(a) Single-tenant buildings shall be permitted one facade sign at the main entrance with a maximum permitted sign area equal to one square foot per linear foot of the front building facade, not to exceed 24 square feet.

(b) For multitenanted buildings where the primary entrance to each business' space is directly from the exterior of the building, one facade sign per business shall be permitted that does not exceed one square foot of sign area per linear foot of facade of the business space containing the main entrance to the business' portion of the building, not to exceed 12 square feet.

(c) For multitenanted buildings where the primary entrance to each business' space is from an internal lobby, hallway or common area, individual business signs shall not be permitted. One facade sign identifying the building shall be permitted and shall not exceed six square feet in sign area.

(3) Within multibuilding complexes, on-site directory signs shall be permitted as approved by the Board; each sign shall not exceed 12 square feet in size and six feet in height.

D. Incidental signs. Up to four incidental signs are permitted to be attached to a freestanding sign structure or to a building wall, but not perpendicular to the wall. An incidental sign shall not exceed one square foot in area.

§ 148-116.11 Administration and enforcement.

A. The Zoning Officer shall be the enforcing official of this article.

B. Whenever a temporary sign is erected or maintained in violation of this article, the Zoning Officer may remove the same at any time without notice.

C. Whenever a temporary sign is erected or posted on public property in violation of this article, the same shall be considered litter and may be removed at any time.

D. Whenever a permanent sign is erected or maintained in violation of this article or any other provision of this chapter, or whenever in the opinion of the Zoning Officer any sign becomes unsafe or endangers the safety of a building or premises or the public safety, the Zoning Officer shall send a letter by certified mail to the owner of said sign and/or the owner of the premises on which the sign is located, ordering that such sign be brought into conformance or removed within 30 days of receipt of the letter. If the sign is not brought into conformity or removed by the end of the thirty-day period, the Zoning Officer may cause the same to be removed at the expense of the owner of the sign and the owner of the premises on which the sign is located.

E. The Zoning Officer may cause any sign or sign structure to be removed summarily and without written notice at the expense of the owner of the sign and the owner of the premises on which the sign is located, if it is an immediate peril to persons or property by virtue of its construction or moorings.

§ 148-116.12 Appeals to Board of Adjustment.

Whenever it is alleged that there has been an error in any order, action, decision, determination or requirement by an administrative official in the enforcement and application of any provision contained within this article (including any allegation that an administrative official has failed to act within applicable time frames), the aggrieved party shall file a written appeal with the Board of Adjustment in accordance with the provisions of the Municipal Land Use Law, N.J.S.A. 40:55D-70. The appellate decisions of the Board of Adjustment shall be deemed final, subject to judicial review as provided by law.

§ 148-116.13 Violations and penalties.

Any person, firm or corporation who shall violate, disobey, omit, neglect or refuse to comply with any provision of this article shall be, upon conviction thereof, liable to all of the penalties set forth in § 148-124, except imprisonment.

§ 148-116.14 Effect on existing permits.

Any permit issued prior to the effective date of the adoption of the sign regulations that comprise this article shall remain valid until the earlier of the date that said permit expires by its own terms or 90 days after the effective date of the adoption of this article.

§ 148-116.15 Severability.

A. Generally; severability where less speech results. If any part, section, subsection, paragraph, subparagraph, sentence, phrase, clause, term or word of this article is declared or held to be invalid or unconstitutional by any court of competent jurisdiction, such declaration or holding shall not affect any other part, section, subsection, paragraph, subparagraph, sentence, phrase, clause, term or word of this article, even if such severability would result in less speech, whether by subjecting previously exempt signs to this article's permitting requirements, or otherwise.

B. Severability of provisions pertaining to billboards and other prohibited signs and sign types. Without diminishing or limiting in any way the declaration of severability set forth above or elsewhere in this article, this chapter or in any adopting ordinance, if any part, section, subsection, paragraph, subparagraph, sentence, phrase, clause, term or word of this article or any other law is declared or held to be unconstitutional or invalid by any court of competent jurisdiction, such declaration or holding shall not affect any other part, section, subsection, paragraph, subparagraph, sentence, phrase, clause, term or word of this article that pertains to prohibited signs, including, specifically, the prohibition on billboards and those signs and sign types prohibited and not allowed under § 148-114 of this article.