[HISTORY: Adopted by the Mayor and Township Council of the
Township of Toms River as indicated in article histories. Amendments
noted where applicable.]
[Adopted 12-9-2008 by Ord. No. 4168-08[1]]
[1]
Editor's Note: This ordinance repealed former Art. I, General
Regulations, adopted 11-27-1979 by Ord. No. 1884, as amended.
The Township Council of the Township of Toms River hereby makes
the following determinations:
A.
The proliferation of signs along the streets and highways in the
Township of Toms River has had and will continue to have an adverse
effect on traffic safety and property and aesthetic values within
the Township.
B.
The Township Council considers the proper function of signs to be
the identification of activities within the Township, and it considers
that to be a proper and necessary function.
C.
The Township Council deems it a proper exercise of the police powers
granted to the municipality to control the size, location and appearance
of signs so that the proper function of those signs may be accomplished
without adverse effects on traffic safety and property and aesthetic
values.
D.
The criteria set forth in this article are designed to provide signs
which are compatible with their surroundings, appropriate to the type
of activity to which they pertain, expressive of the identity of individual
proprietors and legible in the circumstances in which they are seen.
E.
This article is intended to implement a system which encompasses
all visual communication along streets and highways within Toms River
Township. The term "sign" is used because of its familiarity, but
the true concept of this system is better expressed in the term "street
graphic."
The standards and regulations for signs and street graphics throughout Toms River Township are found in the Code chapter of the Township entitled "Chapter 348, Land Use and Development Regulations, of the Code of the Township of Toms River, New Jersey." By this article, it is proposed to register and further regulate every sign now existing or hereafter erected within the Township and to eventually require the removal of those signs which do not comply with this article and thereby fail to meet the standards established herein or in Chapter 348.
A sign permit shall be required for all signs regulated by this
article, whether they presently exist or are erected in the future.
The Township Council of the Township of Toms River shall appoint a
Zoning Officer or his or her representative, who shall be charged
with the administration and enforcement of this article.
A.
Registration of existing signs.
(1)
Each sign of each establishment not in the category of an exempt
sign under this article shall be registered with the Zoning Officer
or his or her representative within one year of the adoption of this
article and the availability of registration forms. A fee of $10 shall
be charged for registering the signs of each establishment, whether
or not the owner demonstrates that a permit has been issued for the
sign and that the sign conforms to the requirements of prior Township
ordinances.
(2)
At the time of registration, a tag shall be issued for nonexempt
signs. The tag shall indicate whether or not the sign is in conformity
with this article and shall be permanently and prominently affixed
to the sign or displayed elsewhere on the premises so that it may
be readily determined that the sign has been registered. This tag
shall be the permit for existing signs.
B.
Permits for new signs or alterations of signs.
(1)
Any person wishing to construct or install a new sign or to alter, enlarge or otherwise change any existing sign shall apply to the Township Zoning Officer or his or her representative for a permit. No permit shall be issued unless the proposed finished sign is in conformance with Chapter 348, Land Use and Development Regulations, of the Code of the Township of Toms River, New Jersey, except as provided below. If other improvements are proposed so that a site plan application to the Planning Board or Board of Adjustment is required, or if either Board has reserved control over signs in the course of approving a site plan, the application shall be made to the appropriate Board under the general site plan regulations.
(2)
The fee for a permit, which shall be charged in order to pay a portion
of the cost of enforcement of this article and payable at the time
application is made, shall be $6 for each five square feet of sign
or portion thereof. The permit shall be valid for a period of three
years and must be renewed at or before the expiration of the term
of the permit. Fees for renewals are at the rate of $4 per each five
square feet of sign area. Religious or nonprofit organizations shall
be subject to the provisions of this article, but shall be exempt
from the payment of any fees hereunder, and, in this regard, the status
of the applicant shall be determined by the standards used for the
exemption of real property from taxation.
(3)
If, within 30 days after receipt of this permit application, the Zoning Officer or his or her representative has not issued a written denial nor provided specific or qualified approval, then the application for permit shall be deemed approved, provided that the sign conforms to the requirements of Chapter 348, Land Use and Development Regulations, of the Code of the Township of Toms River, New Jersey.
(4)
In the event that any situation arises which is not specifically covered by this article or Chapter 348, Land Use and Development Regulations, of the Code of the Township of Toms River, New Jersey, application may be made to the Planning Board for the required sign permit. The Planning Board shall apply the precise terms of this article or Chapter 348, unless the result would be a contravention of the intent of these applicable chapters. In that event, the Planning Board shall apply standards designed to carry out the intent of these chapters as that intent is learned by analogy to the standards for other situations.
C.
Nonconformance. Existing signs on establishments shall be determined
to be nonconforming if they exceed the permissible items of information
or violate regulations governing setback, area or height of signs
or the number of ground signs allowed under this article.
D.
Enforcement.
(1)
Permitted continuance of nonconforming signs. Any sign or signs existing as of the effective date of this article which do not conform to Chapter 348, Land Use and Development Regulations, of the Code of the Township of Toms River, New Jersey, are hereby declared to be public nuisances and shall be removed within a period of five years of the adoption of this article. However, in the event that the number of items of information on the premises, as defined in Chapter 348, Land Use and Development Regulations, of the Code of the Township of Toms River, New Jersey, is brought into conformance within 18 months of the effective date of this article, one ground sign which does not conform to the height, area and setback requirements shall be allowed to remain as if conforming. This provision shall only apply to signs which do not exceed the height and/or area requirements by more than 20%. A preexisting sign which exceeds the permissible height or area by more than 20% may become a permitted nonconforming sign if the sign contains only the name of the establishment. In no case shall more than one ground sign be allowed for each establishment. Application may be made to the Zoning Officer or his or her representative for this permitted nonconforming status, and a permit shall be issued when the requirements of this section have been met. Removal of a sign which does not meet the basic requirements of this article shall terminate any rights to continue such signs without consideration of the cause of removal.
(2)
Dangerous signs. Whenever it shall appear to the Zoning Officer or
his or her representative that any sign has been constructed, erected
or maintained in an unsafe, insecure, unsightly or deteriorated condition
or in such other condition as to threaten the public welfare, the
officer shall thereupon issue a notice in writing by certified mail,
return receipt requested, to the owner of the sign or the owner of
the premises upon which the sign is erected or maintained, informing
such person of the condition of the unsafe, insecure, unsightly or
deteriorated condition or of such other condition as to threaten the
public welfare and directing him or her to make such alteration or
repair as to correct or remove said condition. The time limit for
compliance shall be not more than 30 days after receipt of said notice.
In the event that the sign constitutes an eminent peril, the Zoning
Officer or his or her representative may require immediate removal,
any other provision of this article notwithstanding.
(3)
Illegal signs erected after effective date. Whenever it comes to
the attention of the Zoning Officer or his or her representative that
any then-existing sign is prohibited as provided in this article or
was erected subsequent to the date of this article, but not in compliance
with it, the officer shall thereupon issue an order in writing to
the owner of the premises upon which the sign is erected or maintained,
directing such person to accomplish total removal of said sign or
to modify the sign to such an extent as to make it a conforming sign
complying with all requirements of this article. Removal or modification
shall be completed within 30 days of receipt of said notice.
(4)
Right of Township to remove dangerous, illegal or nonconforming signs.
Any dangerous sign or any new nonexempted sign erected or installed
subsequent to the effective date of this article for which a permit
has not been obtained or any existing sign not registered or any sign
which does not conform to this article may be removed by the Township
of Toms River, following adoption of a resolution by the Township
Council, if, after 30 days' written notice, the owner of the premises
upon which the sign is located does not remove it or cure the violation.
The cost of such removal shall become a lien against the property
on which the sign is located and shall be collected by the Tax Collector
in the same manner in which other municipal liens are levied and collected.
(5)
Signs attached to telephone or utility poles forbidden. It shall
be a violation of the Code of the Township of Toms River to erect,
fasten or attach any sign of any nature to a telephone or utility
pole or light standard. Township officials shall remove any such sign
which has been attached to a telephone or utility pole or light standard.
Persons who are in violation of this subsection shall be subject to
a fine of not less than $200 nor more than $1,000. Any cost incurred
by the Township in the removal and storage of any such signs shall
be imposed upon the individual or organization claiming such signs.
In no case shall the Township be responsible for signs not claimed
within seven days of removal.
(6)
Signs excluding traffic signs in the public right-of-way and in any sight triangle of an intersection forbidden. It shall be a violation of the Code of the Township of Toms River to erect or install any signs excluding traffic signs in the public right-of-way or in any sight triangle, at an intersection as defined in Chapter 348, Land Use and Development Regulations. Persons who are in violation of this subsection shall be subject to a fine of not less than $200 nor more than $1,000. Township officials may remove any such signs which have been erected in the public right-of-way in the sight triangle of any intersection. Any costs incurred by the Township in the removal and storage of any such sign(s) shall be imposed upon the person(s) claiming such sign. In no case shall the Township be responsible for signs not claimed within seven days of removal.
(7)
Signs on Township property forbidden. It shall be a violation of
the Code of the Township of Toms River for any person to place any
signs on Township property unless authorized to do so by the Township
Administrator. Persons who are in violation of this subsection shall
be subject to a fine of not less than $200 nor more than $1,000. Any
costs incurred by the Township in the removal and storage of any such
sign(s) shall be imposed upon the person(s) claiming such sign. In
no case shall the Township be responsible for signs not claimed within
seven days of removal.
E.
Appeal.
(1)
Any owner of a sign or of land upon which a sign is located may appeal
any ruling or determination made by the Zoning Officer or his or her
representative to the Zoning Board or make application for an exception
directly to the Zoning Board. The Zoning Board, when acting on such
an appeal or application, either considered alone or as part of a
site plan application, shall have the power to grant such exceptions
from the strict requirements of this article as may be reasonable
and within the general purpose and intent of the provisions of this
article if the literal enforcement of one or more provisions of this
article is impracticable or will create undue hardship because of
peculiar conditions pertaining to the land in question.
(2)
Notice of the application or appeal shall be given by the applicant
to the owners of all properties on the same side of the street on
which the sign is proposed or located, which properties are located
within 50 feet of the property concerning which the application is
made. The notice shall be in writing, sent by certified mail, return
receipt requested, and sent at least 10 days prior to the hearing.
(3)
The filing of an appeal shall act as a stay of any order by the Zoning
Officer or his or her representative to remove a sign, and no determination
by the Zoning Board that a sign be removed shall be carried out until
more than 15 days have elapsed after the appeal determination. In
the event that the Zoning Board shall fail to act within 65 days of
the filing of the appeal or of the application, the relief sought
shall be deemed to have been granted.
(4)
In cases in which the Board of Adjustment has jurisdiction over site
plans, the above procedures shall apply to it.
F.
Notice. Any notice required to be given under this article may be
given in writing by certified mail, if not given by personal service
or by posting a copy of said notice on said premises upon which the
sign is erected or maintained. In the event that service is made by
mail upon the owner of the premises, service shall be effective 10
days after the certified letter is deposited in the mail with sufficient
postage, addressed to the person listed as owner at the address shown
on the latest tax records of the municipality.
G.
Penalty. In addition to the foregoing provisions, a complaint for
each violation of this article in erecting and maintaining each nonconforming
sign shall be punishable in the Municipal Court by fines as set forth
below. Any person, firm or corporation who shall violate a provision
of this article or fail to comply therewith shall, jointly or severally,
for each and every such violation and noncompliance, pay a fine not
to exceed the sum of $500. Proceedings under this section shall not,
in any way, prevent the Zoning Officer or his or her representative
from proceeding to remove the sign under other provisions outlined
herein.
All signs shall, in addition to complying with this article,
comply with all appropriate state and federal regulations. Should
this article be in conflict with any state or federal regulations,
the more stringent regulations shall apply.
[Amended 4-25-2017 by Ord. No. 4545-17]
Political signs are permitted for period of commencing 30 days prior to the election and seven days subsequent to the election. No political sign shall be attached or affixed to any telephone pole, utility pole or light standards. No political sign shall be placed in the public right-of-way of any roadway or in the sight triangle of an intersection as defined in Chapter 348, Land Use and Development Regulations. Violations of this provision shall be subject to the penalty enumerated in § 427-3D(5), (6) and (7) of the Code. Any political signs which are placed in violation of these regulations shall be removed by the Township officials at the expense of the person or political organization who so located the sign.
[Adopted 12-9-2008 by Ord. No. 4168-08[1]]
[1]
Editor's Note: This ordinance repealed former Art. II, Memorial
Signs: Mothers Against Drunk Drivers, adopted 8-13-2002 by Ord. No.
3715-02.
The purpose of the within article is to remember those individuals
who have lost their lives as a result of a drunk driver and to allow
the posting of a MADD sign to memorialize the individual lost and
warn the driving public of the dangers imposed by driving while intoxicated.
The within article authorizes the installation of a MADD sign
along the Township's rights-of-way. The individual requesting
the memorial sign shall pay the actual costs incurred by the Township
for acquiring said sign. The Township shall install said sign at no
charge to the individual on a breakaway signpost. The sign shall be
white in color with a red broken heart and bear the words "We'll
Remember You," which signifies the tremendous loss felt by family
and friends. It also bears the Mothers Against Drunk Drivers logo.
An additional sign above bears the name of the victim being memorialized.
