[Amended by Ord. No. 1999-19]
As used in this chapter, the following terms are defined:
ANIMATED SIGN
Any sign that uses movement or change of lighting, whether
natural or artificial, to depict action or create a special effect
or scene.
BANNER
Any sign of lightweight fabric or similar material. National
flags, state or municipal flags or the official flag of any institution
or business shall not be considered banners.
CHANGEABLE COPY SIGN OR READER BOARD
A sign or portion thereof with characters, letters or illustrations
that can be changed or rearranged without altering the face of the
surface of the sign. A sign on which the message changes more than
six times per day shall be considered an animated sign and not a changeable
copy sign for purposes of this chapter. A sign on which the only copy
that changes is an electronic or mechanical indication of time and
temperature shall not be considered a changeable copy sign for purposes
of this chapter.
DIGITAL READER BOARD SIGN
A freestanding sign with an electronically (LED) changeable
copy, not including signs displaying time and temperature.
[Added 2-21-2023 by Ord.
No. 2023-2]
FREESTANDING SIGN
A sign which is attached to or a part of a completely self-supporting
structure. The supporting structure shall be set firmly in or below
the ground surface and shall not be attached to any building or any
other structure, whether portable or stationary.
OFF-SITE SIGN
A sign which directs attention to a business, commodity,
service, entertainment, person, property or attraction, sold, offered
or existing elsewhere than upon the same lot upon which such sign
is displayed.
PORTABLE SWINGER SIGN and "A" OR SANDWICH SIGN
An advertising device which is ordinarily in the shape of
an "A" or some variation thereof, located on the ground, easily movable,
not permanently attached thereto and which is usually two-sided.
PROJECTING SIGN
Sign that shall be affixed at an angle or perpendicularly
to the wall of any building in such a manner to read perpendicularly
or at an angle to the wall to which it is mounted.
ROOF SIGN
Any sign erected and constructed wholly on and over the roof
of a building supported by the roof structure and extending vertically
above the highest portion of the roof.
SIGN
Includes every device, frame, letter, figure, character,
mark, plane, point, design, picture, logo, stroke, stripe, trademark
or reading matter which is used or intended to be used to attract
attention or convey information when the same is place in view of
the public, in addition.
[Amended by Ord. No. 1999-19]
The following procedures shall govern the application for, and
issuance of all sign permits under this chapter:
A. All applications for sign permits of any kind shall be submitted
to the Building Inspector on an application form or in accordance
with the application specifications published by the Building Inspector
with the following minimum information:
(1) Name, address and telephone number of the applicant;
(2) Location of building, structure, or lot to which or upon which the
sign or other advertising structure is to be attached or erected;
(3) Position of the sign or other advertising structure in relation to
nearby buildings or structures, including dimensional data;
(4) Two blueprints or ink drawings of the plans with color designations,
specifications, method or construction and attachment to the building
or in the ground;
(5) Name of person, firm, corporation or association erecting the structure;
(6) Written consent of the owner of the building structure or land to
which or on which the structure is to be erected;
(7) Any electrical permit required and issued for sign. Application requesting
electrical permit for proposed sign must accompany sign application;
(8) With respect to any off-site sign, written permission from the owner
of the real property upon which the sign will be located must be provided.
B. Each application for a sign permit shall be accompanied by the applicable
fees, which shall be established by the governing body of the Township
from time to time by resolution.
C. The fees for sign permits and plans for the period beginning with
this chapter shall be as follows:
[Amended 10-14-2010 by Ord. No. 2010-11]
|
Sign permit — initial, including inspection, per zone
lot
|
$25 plus $0.25 per square feet
|
|
Revised sign permit
|
$15 plus $0.25 per square feet
|
|
Reinspection fee
|
$10
|
|
Banners (private sales event), "A" frame signs, each issuance
|
$5
|
[Amended by Ord. No. 1999-19]
Within seven days of the submission of a complete application
for a sign permit, the Building Inspector shall either:
A. Issue the sign permit of the sign(s) that is the subject of the application
conforms in every respect with the requirements of this chapter; or
B. Reject the sign permit if the sign(s) that is the subject of the
application fails in any way to conform with the requirements of this
chapter. In case of a rejection, the Building Inspector shall specify
in the rejection the section or sections of this chapter with which
the sign(s) is inconsistent.
[Amended by Ord. No. 1999-19]
A. Sign identification. Every sign or other advertising structure hereafter
registered shall show the permit number in a conspicuous place thereon,
which is visible to the Inspector and is readable by the Inspector
from the ground.
B. Premises maintenance. All freestanding signs and the premises surrounding
the same shall be maintained by the owner thereof in a clean, sanitary
and inoffensive condition and free and clear of all obnoxious substances,
rubbish and weeds.
C. Unsafe and unlawful signs. If the Building Inspector shall find that
any sign or other advertising structure regulated herein is unsafe
or insecure, is a menace to the public, is abandoned or maintained
in a dilapidated condition, or has been constructed or erected or
is being maintained in violation of the provisions of this chapter,
he/she shall give written notice to the permittee and property owner
thereof. If the permittee and/or property owner fails to remove or
alter the sign or advertising structure so as to comply with the standards
herein set forth within 30 days of the date of written notice, such
sign or other advertising structure may be removed or altered to comply
by the Building Inspector; any expense incidental to such removal
or alteration shall be charged to the owner of the property upon which
the sign is located and shall constitute a lien upon the property.
D. The Building Inspector may cause any sign or other advertising structure
which is in immediate peril to persons or property to be removed summarily
without notice. Such signs or other advertising structures are declared
to be a public nuisance. When any sign is removed by the Building
Inspector or Code Enforcement Officer with or without notice, the
owner or lessee thereof shall have the right to a post-seizure administrative
hearing before the Township Committee to determine whether or not
there was probable cause to remove this sign. In the event such a
request is not made within 10 days of removal of said sign, the owner
and/or lessee thereof shall be deemed to have waived such a right
to a hearing.
In the event a business ceases operation for a period of time
in excess of 30 days, the sign owner or lessee, or the property owner,
shall immediately remove any sign identifying or advertising said
business or any product sold thereby; provided, however, this requirement
shall not apply where under the provisions of this chapter an existing
conforming sign may be altered to advertise a new business or product
sold therein, and there is evidence that a new business will be in
operation on the premises within 30 days. Upon failure of sign owner
of lessee, or property owner, to comply with this section, the Building
Inspector shall issue a written notice to the sign owner and any lessee,
or property owner, fails to comply with such written notice to remove,
the Building Inspector is authorized to cause removal of such sign,
and any expense incidental to such removal shall be charged to the
owner, of the property upon which the sign is located and shall constitute
a lien upon the property. For the purpose of this section, the word
"remove" shall mean:
A. The sign face, along with posts, columns or supports of freestanding
signs, shall be taken down and removed from the property.
B. The sign face and supporting structures of projecting, roof or wall
signs shall be taken down and removed from the property.
C. The sign face of painted wall signs shall be removed by painting
over the wall sign in such a manner as to completely cover up and
hide from sight the sign in question.
[Amended by Ord. No. 1999-19]
A. Prohibited sign features.
(1) No sign shall be erected, used or maintained which in any way simulates
official, directional or warning signs erected or maintained by the
State of New Jersey, by any county or municipality or by any public
utility or similar agency concerned with the protection of the public
health or safety.
(2) No portion of any sign shall be located within or suspended over
a public right-of-way or pedestrian walkway, except as provided for
by this chapter.
(3) No neon sign or similar illuminated advertisement shall be of such
color or located in such fashion as to diminish or detract in any
way from the effectiveness of any traffic signal or similar safety
or warning device.
(4) The following advertisements are specifically prohibited: any advertisement
which uses a series of two or more signs placed in a line parallel
to the highway or in a similar fashion, all carrying a single advertisement
message, part of which is contained on each sign.
(5) No sign shall have flashing lights.
[Amended 10-14-2010 by Ord. No. 2010-11]
(6) No sign may obstruct any window, door, fire escape, stairway or opening
intended to provide light or ingress or egress to or from any building
or structure, with the exception that 25% of any window may be occupied
by a sign or signs, provided that the sign does not unreasonably obstruct
light and visibility.
(7) Temporary signs in connection with special events are exempt from
this requirement.
[Amended 10-14-2010 by Ord. No. 2010-11]
(8) Signs visible from the street using the word "stop" or "danger" or
any other word, phrase, symbol, or character with the intent of simulating
a public safety warning or traffic signal.
(9) Roof signs on buildings, structures and vehicles.
(10)
Except where specifically permitted, signs advertising a product
or service not sold on the premises, signs advertising or directing
attention to another premises and any other signs unrelated to the
premises on which the sign is erected.
(11)
Signs placed in trees, fences, utility poles or light poles,
signs attached to other signs and signs placed upon motor vehicles
which are continuously or repeatedly parked in a conspicuous location
to serve as a sign, but nothing herein contained is intended to prohibit
the placement of signs directing traffic or identifying various locations
within a lot or parcel on light poles and utility poles erected therein.
(12)
Signs on vacant property advertising a proposed use without
Township Committee approval.
B. Prohibited signs designated.
(1) Signs other than officially authorized signs tacked, pasted, painted
or otherwise attached to poles, posts, trees, fences sidewalks or
curbs.
(2) No sign other than traffic control devised or street signs shall
be erected within or encroached upon the right-of-way of any street
unless specifically authorized by other ordinances or regulations
of the Township.
(3) Rotating or moving signs.
All rights and privileges acquired under the provision of this
chapter or any amendment thereto, are mere licenses revocable at any
time by the Township and all such permits shall contain this provision.
For the purpose of this section, a nonconforming sign shall
be defined as a sign existing at the effective date of this chapter
which could not be built under the terms of this chapter.
A. On-site nonconfoming signs. All on-site nonconforming signs not otherwise
prohibited by the provision of this chapter shall be removed or shall
be altered to conform to the provisions of this chapter when the nature
of the business conducted on the premises changes and the sign changes
or is modified either in shape, size or legend.
B. Off-site nonconforming signs. Off-site nonconforming signs not otherwise
prohibited by the provisions of this chapter shall be removed or shall
be altered so as to conform with the provision of this chapter on
or before April 1, 2001.
C. Nonconforming signs may not be enlarged or altered in a way which
would increase its nonconformity.
D. Should any nonconforming sign be damaged by any means an extent of
more than 50% of its replacement cost at time of damage, it shall
not be reconstructed except in conformity with the provisions of this
chapter.
[Amended by Ord. No. 1999-19]
Any person aggrieved by any decision of the Code Enforcement
Officer in conjunction with the enforcement or interpretation of this
chapter, may appeal to the Land Use Board of Ocean Township within
30 days of the decision of the Building Inspector, at which time the
Board shall provide the appellant with the opportunity to be heard.
The Land Use Board shall hear said appeal within 30 days of the filing
thereof and shall decide such appeal within 60 days of the hearing.
If no decision is made within such period, the appeal shall be considered
approved by the Board.
All signs shall be designed, constructed and maintained in accordance
with the following standards:
A. All signs shall comply with applicable provisions of the building
code and the electrical code of the Township. The Building Inspector
may require the permittee to supply any and all information necessary
to insure that the sign is being built or is to be built, erected
or constructed in a safe and lasting manner.
B. Except for banners, flags, temporary signs and in all respects with
the requirements of this chapter, all signs shall be constructed of
permanent materials and shall be permanently attached to the ground,
a building, or another structure by direct attachment to a rigid wall,
frame or structure.
C. All signs shall be maintained in good structural condition, in compliance
with all building and electrical codes and in conformance with this
chapter at all times.
No permit shall be issued for an individual sign requiring a
permit in a commercial and/or industrial zoning district, where more
than one business or industry will be located, unless and until a
master signage plan for the zone lot on which the sign will be erected
has been submitted to the Building Inspector and approved as conforming.
A. Master signage plan. For any commercial or industrial zoned lot on
which the owner proposes to erect one or more signs requiring a permit,
the owner shall submit to the Building Inspector a master signage
plan containing the following:
(1) An accurate plot plan of the zone lot, at such scale as the Building
Inspector may reasonably require;
(2) Location of buildings, parking lots, driveways and landscaped areas
on zone lot;
(3) Computation of the maximum total sign area, the maximum area for
individual signs, the height of signs and the number of freestanding
signs allowed on the zone lot included in the plan under this chapter;
and
(4) An accurate indication on the plot plan of the proposed location
of each present and future sign of any type, whether requiring a permit
or not.
B. Showing window signs on master signage plan. A master signage plan
including window signs may simply indicate the areas of the window
to be covered by window signs and the general type of the window signs
and need not specify the exact dimension or nature of every window
sign.
C. Limit on number of freestanding sign under master signage plan. The
master signage plan, for all zone lots with multiple uses or multiple
users, shall limit the number of freestanding signs to a total of
one and shall provide for shared or common usage of such signs.
D. Other provisions of master signage plans. The master signage plan
may contain such other restrictions as the owners of the zone lots
may reasonably determine.
E. Consent. The master signage plan shall be signed by all owners or
their authorized agents in such form as the Building Inspector shall
require.
F. Procedure. A master signage plan shall be included in any development
plan, site plan, planned unit development plan or other official plan
required by the Township for the proposed development and may be proceeded
simultaneously with such other plan.
G. Amendment. A master signage plan may be amended by filing anew master
signage plan that conforms with all requirements of the chapter in
effect.
H. Existing signs not conforming to master signage plan. If any new
or amended master signage plan is filed for a property on which existing
signs are located, it shall include a schedule for bringing into conformance,
within one year all signs not conforming to the proposed amended plan
or to the requirements of this chapter in effect on the date of submission.
I. Binding effect. After approval of a master signage plan, no sign
shall be erected, placed, painted or maintained, except in conformance
with such plan, and such plan may be enforced in the same way as any
provision of this chapter. In case of any conflict between the provision
of such a plan and any other provision of this chapter, the chapter
shall control.
[Amended by Ord. No. 1999-19]
A. Violations. Any of the following shall be a violation of this chapter and shall be subject to the enforcement and penalties provided by this chapter, by Chapter
410, Zoning, and by state law:
(1) To install, create, erect or maintain any sign in a way this is inconsistent
with any plan or permit governing such sign or the zone lot on which
the sign is located;
(2) To install, create, erect or maintain any sign requiring a permit
without same;
(3) To fail to remove any sign that is installed, created, erected or
maintained in violation of this chapter, or for which the sign permit
has lapsed;
(4) To continue any such violation. Each such date of a continued violation
shall be considered a separate violation when applying the penalty
portions of this chapter;
(5) Each sign installed, created, erected or maintained in violation
of this chapter shall be considered a separate violation when applying
the penalty portion of this chapter.
B. Enforcement and remedies. Any violation or attempted violation of this chapter or of any condition or requirement adopted pursuant hereto may be restrained, corrected or abated as the case maybe by injunction or other appropriate proceedings pursuant to state law. A violation of this chapter shall be considered a violation of Chapter
410, Zoning, of the Township Code. The remedies shall include the following:
(1) Issuing a stop-work order for any and all work on any signs on the
same zone lot;
(2) Seeking an injunction or other order of restraint or abatement that
requires the removal of the sign or correction of the nonconformity;
(3) Imposing any penalties that can be imposed directly by the Township under Chapter
410, Zoning, of the Code of the Township of Ocean; seeking in court the imposition of any penalties that can be imposed by such court under Chapter
410, Zoning, of the Code of the Township of Ocean; and
(4) In the case of a sign that poses an immediate danger to the public health or safety; taking such measures as are available to the Township under the applicable provisions of Chapter
410, Zoning, of the Code of the Township of Ocean and building code for such circumstances; and
(5) The issuance of a municipal court summons by the Township's Zoning
Officer and/or Code Enforcement Officer for a violation of this chapter.
C. The Township shall have other such remedies as are and as may from time to time be provided for or allowed by state law for the violation of Chapter
410, Zoning, of the Code of the Township of Ocean.
D. All such remedies provided in this chapter shall be cumulative to
the extent that state law may limit the availability of a particular
remedy set forth in this chapter for a certain violation or a part
thereof, such remedy shall remain available for other violations or
other parts of the same violation.
[Amended by Ord. No. 1999-19]
A. Any person who violated this chapter or fails to comply with any
of its requirements shall upon conviction thereof be fined not more
than $1,250. Each day such violation continues shall be considered
a separate offense.
[Amended 10-14-2010 by Ord. No. 2010-11]
B. The owner of any real property and also the owner of any sign, if
applicable, or the tenant of any building, structure, premises or
part thereof, who commits, permits, participates in or maintains such
a violation of this chapter may be found guilty of a separate offense
for each and every day such violation continues and suffer the penalties
herein provided.
C. Nothing herein contained shall prevent the Township from taking such
other lawful action as is necessary to prevent or remedy an violation.
[Added by Ord. No. 1999-19]
This chapter may be enforced by Chapter
410, Zoning, of the Code of the Township of Ocean and/or Code Enforcement Officer as well as by any duly sworn police officer of the Township of Ocean.
[Added 12-10-2009 by Ord. No. 2009-12]
A. Notwithstanding any language to the contrary set forth in this chapter,
the Township of Ocean, through the Township's governing body, shall
be permitted to authorize, construct and/or maintain directional or
other signage for the Township's marina businesses along and in the
public right-of-way, subject to any outside agency approvals, despite
the fact that said signage is located off site.
B. Notwithstanding anything to the contrary in this chapter, any marine
business located within the Township of Ocean, which does not front
upon a county or state roadway may request permission from the Township
Committee to erect and maintain a sign which is not located on the
property on which the marina operates its business. Any such application
must comply with all other terms and conditions of this chapter and
must have the legal authority for the location of said sign where
requested. No such authorization shall be permitted without a written
resolution of the Township Committee authorizing same and the Township
Committee shall make such determination at its own discretion after
the submittal of a sketch of the proposed signage by the business
owner along with all other information necessary for the Township
Committee to reach its determination.