[HISTORY: Adopted by the Mayor and Council
of the Borough of Woodcliff Lake 7-17-2000 by Ord. No. 00-4 (Ch.
213 of the 1985 Code). Amendments noted where applicable.]
GENERAL REFERENCES
Land use procedures — See Ch. 37.
Building construction — See Ch. 114.
Uniform construction codes — See Ch. 140.
Fees — See Ch. 163.
Fire prevention — See Ch. 178.
Fund-raising events — See Ch. 195.
Parking regulations — See Ch. 234.
Parks and playgrounds — See Ch. 240.
Vehicles and traffic — See Ch. 250.
Property maintenance — See Ch. 265.
Site plan review — See Ch. 292.
Subdivision of land — See Ch. 332.
Zoning — See Ch. 380.
This chapter shall be known as the "Woodcliff
Lake Sign Ordinance."
For the purposes of this chapter, the terms
and words set forth below shall be defined as follows:
Giving, attempting to give or intending to give any notice
or information, or any activity which gives, attempts to give or intends
to give notice, information or warning.
Any sign on or affixed to any exterior surface of a building,
provided that such sign does not project beyond 12 inches from said
exterior surface.
Any signboard or other surface used for the purpose of displaying
a sign not related to the use of the premises.
Any permanent roofed enclosure, including any physical related
parts.
To build, construct, attach, hang, place, suspend or affix,
and shall also include the painting or lettering of any sign, insignia
or letters painted or otherwise affixed to the outside wall of any
building or structure or part thereof.
Any sign which is not on or affixed to the exterior surface
of a building.
In a building without dividing walls or partitions, the front
width between the two intersecting walls multiplied by the height;
and in a dividing building, the front width between the side wall
and the dividing wall or between the two dividing walls, as the case
may be, multiplied by the height. In all cases, height shall be assured
to be 12 feet, which is herein adopted as a uniform standard of height.
Any person, individual, business entity, partnership, association,
corporation, company or organization of any kind.
A building or structure or piece or tract of land or real
estate, vacant or otherwise.
Any permanent sign or signs that are placed off the subject
premises or property for purposes of advertisement of a product or
service not located or offered at the premises or property upon which
it is placed (see "billboard").
Any structure or part thereof or device attached thereto
or painted or represented thereon, which displays or includes any
banner, letter, word, model, flag, pennant, insignia, slogan, device
or representation used as or in the nature of an announcement, direction
or advertisement. For the purposes of this chapter, the word "sign"
does not include a flag, pennant or insignia of any church, nation,
group of nations, state, city or other governmental unit. For the
purposes of this chapter, the word "sign" does include any sign in
the interior of any structure which is placed in or near a window
to be viewed from the outside of the structure.
The area of a sign which shall be computed as the total square
foot content of the background upon which the lettering, illustration
or display is presented, including any frame but not the base support.
If there is no background, the sign area shall be computed as the
product of the largest horizontal width and the largest vertical height
of the lettering, illustration or display. This shall not be construed
to include the supporting members of any sign which are used solely
for such purposes. For signs with two display faces, the maximum area
requirement shall be permitted on each side.
Any combination of materials to form a construction for occupancy,
use or ornamentation, either permanent or temporary, and whether installed
on, above or below the surface of a lot. The term "structure" includes
building, edifice, construction, canopy, awning, device or piece of
work or other part thereof, or any combination of the related parts.
The occupation, activity, business operation or industrial
operation maintained or engaged in by any person. Where a business
or industrial building contains no partitions or dividing walls, the
one or more uses maintained or engaged in therein shall be considered
as one use. Where such business or industrial building is divided
by partitions or dividing walls, the one or more uses maintained or
engaged in, in each such division, shall be considered as one use.
Any opening in the exterior wall or roof of any building
for which it is the purpose of admitting air or light, whether or
not covered with glass, plastic or other covering.
The aggregate square footage of all windows of any given
side of any given story of any building, regardless of the angle or
angles at which they are set. In computing window space, there shall
be included all portions of any door which, if part of a wall, would
constitute a window.
For the purposes of this chapter, the classes of districts set forth in Chapter 380, Zoning, § 380-7, of the Code of the Borough of Woodcliff Lake, shall apply to this chapter, and all changes, amendments, supplements or variations of said zones or districts as now or hereinafter adopted in said chapter shall be deemed to change, amend, supplement or vary this chapter.
A.
Temporary signs (all zones). The following temporary
signs are permitted within any district. The signs may be freestanding
or attached to buildings. The signs shall not be illuminated and shall
not violate any of the limitations or prohibitions hereinafter set
forth in this chapter. Permits for the erection and maintenance of
these signs shall be obtained from the Construction Code Official
and are limited to a period of 30 days where required or such other
period of time as herein otherwise specified.
(1)
Real estate "For Sale" signs. One sign per lot is
permitted to advertise the sale or rental of premises upon which the
sign is located by the owner or a real estate agent or broker. The
sign is not to exceed an area of six square feet in residential districts
or 16 square feet in other districts. This sign shall be removed within
seven days after consummation of a sale or lease transaction. So long
as a real estate "For Sale" sign complies with this section, no permit
shall be required for its placement within the Borough.
(2)
Real estate "Sold" signs. One sign per lot is permitted
to indicate that real estate offered for sale or rental has been either
sold or leased by the owner or real estate agent or broker. This sign
shall not exceed an area of six square feet in residential districts
or 16 square feet in other districts. This sign shall be removed within
14 days after its erection. So long as a real estate "Sold" sign complies
with this section, no permit shall be required for its placement within
the Borough.
(3)
Major subdivision signs: signs advertising a major
subdivision that has received preliminary Planning Board approval.
The signs shall not exceed two in number, each on a separate lot of
the major subdivision. No sign is to exceed 20 square feet in area.
The signs shall be removed within 90 days after the completion of
construction work within the subdivision or within 10 days after the
issuance of the last certificate of occupancy, whichever may be sooner.
(4)
Building under construction signs. One sign per lot
is permitted to identify the work of a builder and all subcontractors
on a new construction. The sign shall not exceed six square feet in
area and shall be removed within seven days after the completion of
construction.
(5)
Announcement of future events signs. One sign per
lot is permitted to announce any educational, charitable, civic, religious
or like campaign or event, and the sign may be displayed for a consecutive
period not to exceed 21 calendar days in any one calendar year. No
such sign shall exceed 12 square feet in total area. The sign may
relate to the use of premises other than that upon which the sign
is located.
(6)
Streamers, flags, pennants. Strings of streamers,
flags, pennants, spinners or other similar nonilluminated devices
are permitted on a lot occupied by a new business. Such devices are
permitted to be displayed only at the time of the opening of the new
business and then only for a period of seven days from the date of
opening.
B.
Temporary signs (all zones) located on Borough property. No sign shall be erected upon property belonging to the Borough of Woodcliff Lake without first obtaining the approval of the Mayor and Council. The type and dimensions of any such sign and the length of time such sign may be displayed shall be determined by and shall be within the discretion of the Mayor and Council. Applications for approval shall be made to the Mayor and Council on the forms specified in § 287-9B. No other sign permits or approvals shall be required.
C.
Temporary signs [Executive, Administrative and Research
Office District (EAO); Business Districts (B-1, B-2 and B-3); and
Special Office District (S-O)]. The following temporary signs are
permitted within the Executive, Administrative and Research Office
District (EAO). These signs shall be freestanding. The signs shall
not be illuminated and shall not violate any of the limitations or
prohibitions hereinafter set forth in this chapter. Permits for the
erection and maintenance of these signs shall be obtained from the
Construction Code Official and are limited to a period of 30 days
or such other period of time as herein otherwise specified:
(1)
Building under construction signs. One sign advertising
a building under construction that has received Planning Board site
plan approval and a building permit is permitted. No sign is to exceed
the dimensions of a permitted permanent sign identifying or advertising
the name or use of a building in such zoning district. The signs shall
be removed within seven days after the issuance of the certificate
of occupancy or the installation of permanent signs, whichever may
be sooner.
D.
Permanent signs. The following permanent signs are
permitted within the zone districts specified. The signs shall not
violate any of the limitations or prohibitions hereinafter set forth
in this chapter. Permits for the erection and maintenance of these
signs, when required, shall be secured in accordance with this chapter.
(1)
Permitted signs (all zones). The following signs are
allowable in all zones where they apply to a permitted use:
(a)
Official signs of any governmental agency. Such
signs may be freestanding or attached.
(b)
One professional nameplate sign not to exceed
180 inches for a professional occupant. Such a sign shall not be freestanding.
(c)
One directory sign listing the uses of the property
on which the sign is located, provided that four or more uses have
an allowed use of the property. Such a sign may be freestanding or
attached and shall not exceed 20 square feet in area.
(d)
One bulletin board or sign not exceeding 20
square feet in area for a religious or charitable institution, when
located upon the premises of said institution. Such sign may be freestanding
or attached.
(e)
One attached sign indicating the name of a building
or the date of its erection when cut into any masonry surface or when
constructed of bronze or other incombustible material and mounted
on the building surface, not to exceed eight square feet in area.
(f)
Such signs as required by law; for example,
licenses and permits, which signs shall be freestanding.
(g)
Freestanding signs necessary for directional or safety purposes (subject to site plan approval by the Planning Board under the provisions of Chapter 292, Site Plan Review, of the Code of the Borough of Woodcliff Lake), provided that:
[1]
The sign shall contain the words "entrance,"
"exit" or "one-way" or similar directional instructions.
[2]
The sign shall not exceed 27 inches in length
or 12 inches in height.
[3]
The top of the sign shall not exceed 60 inches
in height from the ground at the base of the sign.
[4]
Any lighting other than shielded floodlights
or spotlights shall only be permitted if it is interior white diffused.
(2)
Permitted signs (residential districts). The following
signs are allowable in all residential districts where they apply
to a permitted use:
(b)
For professional offices, nursing homes, group
living facilities, rectories or parsonages in residential zones, one
nameplate sign bearing only the name of the principal occupant(s)
and/or the street number of a private dwelling, not to exceed 180
square inches in area.
(c)
One sign identifying an incidental home occupation in accordance with § 280-13C of Chapter 380, Zoning, entitled "Incidental home profession or occupations," provided that such a sign is located on the same premises as the use it advertises, is not freestanding and does not exceed 180 square inches in area.
(d)
One sign advertising a use permitted in a residential district in accordance with § 380-11E of Chapter 380, Zoning, entitled "Farms," and § 380-11F, entitled "Farm accessory buildings," provided that such a sign is located on the same premises as the use it advertises and does not exceed eight square feet in area.
(e)
Freestanding signs identifying residential areas.
Such signs shall show only the name assigned to the area and shall
not exceed six square feet in area.
(3)
Permitted signs [Business Districts (B-1, B-2 and
B-3) and Special Office District (S-O)]. The following signs are allowable
in the Business Districts (B-1, B-2 and B-3) and in the Special Office
District (S-O):
(b)
Where a building is divided by partitions for
two or more uses with individual entrances in the front facade, such
as stores or shops, one attached sign for the purpose of identification
and advertising of each unit of use of the premises. The area of the
sign shall not exceed an area equivalent to 10% of the total area
of the front facade or 24 square feet, whichever may be larger, but
in no event shall it exceed 40 square feet. Where the rear of the
building or portion of the building has a public entrance from a street
or public parking lot, there shall be permitted an additional rear
sign not to exceed an area equal to 5% of the front facade, but in
no event shall it exceed 25 square feet. No sign shall project above
the parapet of the building.
(c)
One freestanding sign on the premises to advertise
the name of a shopping center. Said sign shall not advertise the name
or names of any tenant or occupant and shall not exceed 30 square
feet in area.
(d)
Signs commonly referred to as "barber poles"
when used to indicate the location of a barbershop. The sign may be
freestanding or attached.
(e)
One attached sign for the purpose of identification
of the premises. The area of the sign shall be not greater than 10%
of the total area of the front facade, but in no event shall it exceed
40 square feet. As an alternative, one freestanding sign may be erected
not exceeding 24 square feet in area.
(f)
The following signs, customary and necessary
to the operation of filling and service stations:
[1]
Lettering on buildings displayed over individual
entrance doors consisting of the words "washing," "lubrication" or
"repairing" or other words of similar import, provided that there
shall not be more than one such sign over each entrance and the letters
shall not exceed six inches in height.
[2]
Lettering or other insignia which are a structural
part of a gasoline pump, consisting only of a brand name, lead warning
sign and other signs as required by law.
[3]
A credit card sign not exceeding two square
feet in area, fixed to the building or permanent sign structure of
a sign herein next referred.
[4]
One sign bearing the brand or trade name of
the station, of a design specified by the manufacturer, permanently
affixed to the building or freestanding, and said sign shall not exceed
30 square feet in area and shall not exceed 15 feet in height overall.
No freestanding sign may be installed closer than five feet from any
property line nor more than 10 feet, with the permitted maximum clearance
from the ground to the bottom of the sign to be 12 feet.
[5]
A trading stamp sign or logo not to exceed two
square feet in area, affixed to the building or permanent sign structure
as hereinabove referred.
E.
Permitted signs [Executive, Administrative and Research
Office District (EAO)]. The following uses are allowable in any Executive,
Administrative and Research Office District (EAO):
(2)
One freestanding sign for the purpose of identification
and advertising the use of the premises, facing the front yard of
the premises, and, in the event that the premises abuts the Garden
State Parkway, one sign facing the Garden State Parkway. The area
of the sign shall not exceed 100 square feet and shall have vertical
dimension not to exceed 10 feet or a horizontal dimension not to exceed
20 feet. The signs shall not be internally illuminated. If attached,
the top of the sign may not project above the parapet of a one-story
building or no higher than the first story of a multifloor building.
(3)
Two freestanding signs (plus one additional sign for
each 20 acres of undeveloped property in the same ownership) for the
purpose of identification and advertising of the use of the premises.
The signs shall not be internally illuminated. The signs shall not:
A zoning variance granted pursuant to N.J.S.A.
40:55D-70, Subdivision d, which varies a use allowed in a particular
district for particular premises, shall be deemed to vary the provisions
of this chapter in the same respect for the premises.
A.
Temporary signs. Temporary signs shall not be illuminated.
B.
Permanent signs. Any permanent sign permitted by the
provisions of this chapter may be illuminated subject to the following
limitations:
(1)
No flashing illumination shall be permitted.
(2)
No action or moving illumination shall be permitted.
(3)
No illumination shall be permitted which may cause
confusion or interference with traffic control signs or lights or
lights of emergency vehicles.
(4)
No illumination shall be permitted which shall cause
interference with radio or television signals.
(6)
Freestanding internally illuminated signs shall have
white backgrounds only.
(7)
No uncovered neon or fluorescent bulbs are permitted
on any sign. All internally illuminated signs must be shielded or
covered in a manner so as to prevent the exposure of an uncovered
light source of any sort providing direct glare. Neon window lighting
displays of unshielded neon-type displays of any type are prohibited.
(8)
Sign illumination shall be limited to those evening
hours during which the establishment is open for business. This shall
not prohibit the establishment from employing such illumination for
security or other reasons that are unrelated to the illumination of
signs.
The following prohibitions and limitations shall
apply to all signs permitted under this chapter:
A.
No signs shall be located or displayed upon any sidewalk
or public right-of-way.
B.
No signs shall be permitted on the surface of any
roof, and no sign shall project above the parapet or roof ridge.
C.
Attached signs shall not project beyond 12 inches
from the exterior surface of any building.
D.
No signs shall be, in whole or in part, moving, mobile
or revolving, except for signs commonly known as "barber poles" ordinarily
and customarily used in connection with barbershops.
E.
Strings of streamers, flags, pennants, spinners or other similar devices strung across, upon, over or along any premises or building, whether as part of any sign or not, shall not be allowed except as provided in § 287-4A(6).
F.
No signs shall be placed or displayed in any manner
which will interfere with traffic or traffic control signs or signals
or with moving or flashing lights or displays of any kind that create
an off-site intrusive illumination and/or nuisance. No sky or crowd
illuminating searchlights, moving or stationary searchlights of any
sort are permitted.
G.
Permitted advertising signs shall be removed within
30 days after the cessation of the activity or business which the
sign advertises, except as otherwise specifically provided in this
chapter.
H.
No billboards or remote signage shall be permitted.
I.
No freestanding signs shall be permitted, except as
otherwise specifically permitted by this chapter.
J.
Canopies, awnings or similar works shall be of opaque
material such that under lighting shall not shine through. They shall
consist of earthtone colors or combination of colors so long as the
awning or canopy does not constitute a distraction for persons operating
vehicles along the public streets.
K.
No freestanding sign may be erected or installed so
as to interfere with line of sight or sight triangle requirements
at driveways, cross streets, pedestrian crossings, traffic lights
or traffic control signs and may not be erected within five feet of
any sidewalk.
L.
Any sign that is not specifically permitted in any
zone throughout the Borough shall be deemed as specifically prohibited.
A.
If the Construction Code Official, in his opinion,
shall find that any sign is unsafe or insecure or is a danger to the
public, he shall give written notice to the owner, agent or person
having the beneficial use of the premises upon which such sign may
be erected. If such owner, agent or person fails to remove or alter
the sign so as to comply with the standards herein set forth, within
10 days after such notice, such sign or other advertising structure
may be removed or altered to comply by the Construction Code Official
at the expense of the owner, agent or person having beneficial use
of the premises. The Construction Code Official may cause any sign
or other advertising structure which is an immediate peril to persons
or property to be removed summarily without notice. In either event,
the owner, agent or other person interested in the sign shall save
the Construction Code Official and Borough harmless and free from
any liability for damage to said sign.
C.
"Notice," as used herein, shall be accomplished and
deemed as complete upon posting a notice of violations and demand
to cease in a form to be provided by the Borough Construction Code
Official, with either the property owner upon which the sign is located
or upon the person or company which has installed or placed the sign
on the site and which is the subject of the violation notice.
A.
Sign erection permit required. With the exception of signs specified in § 287-4B and D(1)(a), (e) and (f) and (2) and temporary signs affixed to the interior side of a window, it shall be unlawful for any person to erect or relocate any sign within the municipality without first obtaining a sign erection permit from the Construction Code Official and, for freestanding signs, the approval of the Planning Board, which may act as a whole or summarily, through recommendations of a Sign Committee to be appointed by the Planning Board Chairman. The Construction Code Official shall issue permits only for such signs as are specifically allowed for the particular premises and district under the provisions of this chapter which govern.
B.
Application. The application for a sign erection permit
shall be made upon forms provided by the Construction Code Official,
in triplicate, and shall contain or have attached the following information:
(1)
The name, address and telephone number of the applicant
and the owner of the premises.
(2)
The location of the premises where the sign is to
be located.
(3)
The position of the sign indicating its relation to
the premises and adjoining premises and roadways.
(4)
A blueprint or ink drawings of the plans and specifications
and method of erection and attachment to the premises or a photograph
of the actual sign in lieu thereof, and such information as the Construction
Code Official may reasonably require to indicate the work to be performed
and to show full compliance with this and all other relevant and applicable
laws and ordinances of the municipality.
(5)
The name of the person to perform the works.
(6)
A written consent of the owner and lessor of the premises.
(7)
An electrical permit, if any, required by ordinances
of the municipality.
C.
Planning Board approval of freestanding sign.
(1)
With the exception of signs specified in § 287-4B, all applications for freestanding signs shall be submitted to the Planning Board by the Construction Code Official. The Planning Board may:
(a)
Approve the location of such sign based upon
the information contained in the application to the Construction Code
Official.
(b)
Require the applicant to submit such additional
information as the Planning Board deems necessary concerning the effect
of the sign with relation to traffic or traffic control signs and
signals on the premises or public streets; obstruction of pedestrian
or motor vehicle sight lines in the area; and/or obstruction of buildings,
other signs or views.
(c)
After receiving such information from the applicant,
approve the sign location, require relocation of the sign or deny
the application.
(2)
Planning Board Sign Committee. At its discretion,
the Planning Board may hear all applications for signs through a three-member
committee, to be appointed by the Planning Board Chair and who shall
make recommendations to the Planning Board as to whether to grant
or deny any sign permit application, as well as any conditions related
thereto.
D.
Permit issued if application is in order. It shall
be the duty of the Construction Code Official, upon the filing of
an application for a sign erection permit, to examine such plans and
specifications and other data and the premises upon which it is proposed
to erect the sign, and if it shall appear that the proposed structure
is in compliance with all requirements of this chapter and all other
laws and ordinances of the municipality, he shall then issue the sign
erection permit and corresponding sign identification number. When
the sign has been erected, said sign identification number shall be
affixed to the sign in such an inconspicuous position and location,
as determined by the Construction Code Official, that the number can
be readily observed and identified by the Construction Code Official.
In addition to the sign identification number, the date of expiration
of the permit shall in the same manner appear on all temporary signs.
If the work authorized under the sign erection permit has not been
completed within six months after the date of its issuance, the permit
shall become null and void.
F.
Exemptions from application fees. The following signs
shall be exempt from application fees:
(1)
Signs permitted under the provisions of § 287-4A (1), (2) and (5) and D(1)(a), (d), (e) and (f).
(2)
Signs showing evidence of membership in retail, professional
manufacturing or credit associations.
(3)
Legally required licenses.
(4)
Signs of a temporary nature affixed to the interior
side of a window.
This chapter shall be enforced by the Construction
Code Official and/or Zoning Officer.
It shall be unlawful for any person to erect,
locate, relocate or maintain any sign which falsely identifies the
premises or occupant of the premises or which falsely advertises for
sale, on any premises, any product no longer available therein, and
any violation of this section shall subject the violator to the penalty
provisions of this chapter.
A.
For each and every violation of the provisions of
this chapter, the owner, lessor, lessee, occupant, sign erector, contractor
or other person interested in the premises upon which the violation
has been committed, and who refuses to abate said violation within
10 days after written notice has been served upon him by regular mail
or personally, shall, upon conviction, be subject to a fine of not
more than $2,000; imprisonment not to exceed 90 days; a period of
community service not to exceed 90 days, or any combination thereof,
in the discretion of the court. The violation of any one provision
and each day that a violation continues shall be deemed to constitute
a separate offense.
B.
Fines for searchlight and illuminated signs. For those signs that are in violation of this chapter, and are further deemed as unsafe signs by the Construction Code Official in accordance with § 287-8 of this chapter, or if such violation shall be for a sign listed in § 287-7F of this chapter, the violation shall be punishable by a fine of not more than $2,000; imprisonment not to exceed 90days; a period of community service not to exceed 90 days, or any combination thereof, in the discretion of the court. In addition, in the event that the Borough was compelled to abate the violation, the court shall enter as a further condition of sentence the obligation to reimburse the Borough for all costs associated with the abatement.
