[Amended in its entirety 12-1-2010 by Ord. No. 13-2010]
A. 
Purpose, intent and scope. It is the purpose of this section to promote the public health, safety and general welfare through reasonable, consistent and nondiscriminatory sign standards. The sign regulations in this section are not intended to censor speech or to regulate viewpoints, but instead are intended to regulate the secondary effects of speech, 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 enhancing the visual environment of the Township and promoting its continued well-being, and are intended to:
(1) 
Encourage the effective use of signs as a means of communications in the Township;
(2) 
Maintain and enhance the aesthetic environment;
(3) 
Improve pedestrian and traffic safety;
(4) 
Minimize the possible adverse affect of signs on nearby public and private property;
(5) 
Foster the integration of signage with architectural and landscape designs;
(6) 
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;
(7) 
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;
(8) 
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;
(9) 
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;
(10) 
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;
(11) 
Categorize signs based upon the function that they serve and tailor the regulation of signs based upon their function;
(12) 
Preclude signs from conflicting with the principal permitted use of the site and adjoining sites;
(13) 
Regulate signs in a manner so as to not interfere with, obstruct the vision of or distract motorists, bicyclists or pedestrians;
(14) 
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;
(15) 
Preserve, conserve, protect, and enhance the aesthetic quality and scenic beauty of all districts of the Township;
(16) 
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;
(17) 
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;
(18) 
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;
(19) 
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;
(20) 
Preserve and enhance the rural and agricultural character and scenic vistas of the Township; and
(21) 
Enable the fair and consistent enforcement of these sign regulations.
B. 
Definitions. All words used in this section shall carry their customary dictionary meanings, except that the following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
ABANDONED OR DISCONTINUED SIGN OR SIGN STRUCTURE
A sign or sign structure is considered abandoned or discontinued when its owner fails to operate or maintain a sign for a period of six months or longer. The following conditions shall be considered as the failure to operate or maintain a sign:
(1) 
A sign displaying advertising for a product or service which is no longer available or displaying advertising for a business which is no longer licensed; or
(2) 
A sign which is blank.
ADVERTISING
Sign copy intended to aid, directly or indirectly, in the sale, use or promotion of a product, commodity, service, activity, entertainment, or real or personal property.
AGRICULTURAL IDENTIFICATION SIGN
A sign in a district with a permitted agricultural use and whose function is exclusively for identifying a farm or other property in agricultural use.
AGRICULTURAL PRODUCE SIGN
A sign in a district with a permitted agricultural use and whose function is exclusively for advertising for the normal, incidental and customary sale of products, produce or livestock raised on the premises.
ANIMATED SIGN
A sign which includes action, motion, or color changes, or the optical illusion of action, motion, or color changes, including signs set in motion by movement of the atmosphere, or made up of a series of sections that turn.
ARTWORK
A two- or three-dimensional representation of a creative idea that is expressed in a form and manner as to provide aesthetic enjoyment for the viewer rather than to specifically convey the name of the business or a commercial message about the products or services offered on the property upon which the artwork is displayed.
AWNING SIGN
See "canopy sign."
BANDIT SIGN
See "snipe sign."
BANNER
Any sign or string of one or more signs, usually made of cloth or other lightweight material, which is used to attract attention, whether or not imprinted with words or characters, including but not limited to balloons and pennants. Flags shall not be considered banners.
BEACON
A stationary or revolving light which flashes or projects illumination, single color or multicolored, in any manner which has the effect of attracting or diverting attention, except, however, this term does not include any kind of lighting device which is required or necessary under the safety regulations of the Federal Aviation Administration or other similar agency. This definition does apply to any similar type of lighting device contained entirely within a structure and which does not project light to the exterior of the structure.
BILLBOARD
A sign structure and/or sign utilized for advertising an establishment, an activity, a product, service or entertainment, which is sold, produced, manufactured, available or furnished at a place other than on the property on which said sign structure and/or sign is located. The term "billboard" includes a commercial off-premises or off-site sign.
BUILDING FRONTAGE
The length of the single face of a building or that portion of a building occupied by a single office, business or enterprise, commonly referred to as "store-front," which is abutting a street, parking area, or other means of customer access such as an arcade, a mall or a walkway. The building frontage for a side facade shall be the length of the single face of a side of a building or that portion of a side of a building occupied by a single office, business or enterprise.
CANOPY SIGN
Any sign that is a part of or attached to an awning or canopy, i.e., a fabric, plastic, or structural protective cover constructed over a door, entrance, window, or outdoor service area that is constructed as an integral part of a building.
CODE
As used herein, the Land Development Code of the Township of West Amwell.
COMMERCIAL MESSAGE
Any sign wording, logo, or other representation or image that directly or indirectly names, advertises, or calls attention to a product, service, sale or sales event or other commercial activity.
CONSTRUCTION SIGN
A temporary on-premises sign identifying the ongoing construction activity during the time that a building permit is active and prior to completion of the work for which the permit was issued, containing sign copy that is limited to the ongoing construction activity and identifying the contractor and/or any subcontractor engaged to perform construction activity on the site.
COPY
The linguistic or graphic content of a sign.
DOUBLE-FACED SIGN
A single sign with items of information on both sides of the sign and mounted as a single structure.
ELECTION SIGN
A temporary sign erected or displayed for the purpose of expressing support for or opposition to a candidate or stating a position regarding an issue upon which the voters of the Township shall vote.
ERECT
To construct, build, raise, assemble, place, affix, attach, create, paint, draw, or in any other way bring into being or establish; but it does not include any of the foregoing activities when performed as an incident to the change of advertising message or customary maintenance or repair of a sign.
FACADE
The side of a building, either front or side; and a building facade may be less than the entire side of a building if limited to the occupancy of a portion of a building.
FLAG
Any fabric or bunting containing distinct colors, patterns or symbols, used as an ornamental flag or as a symbol of government, political subdivision, corporation or business or other entity. (See also "ornamental flag.")
FLAGPOLE
A pole on which to raise a flag.
FLASHING SIGN
A sign which permits light to be turned on or off intermittently more frequently than once per minute, or any illuminated sign on which such illumination is not kept stationary or constant in intensity and color at all times when such sign is in use, including an LED (light emitting diode) or digital sign and changes more frequently than once per minute.
FREE EXPRESSION SIGN
A sign, not in excess of three square feet in size (area) per side and the top of the sign is not more than six feet off the ground, communicating information or views on matters of public policy concern or containing any other noncommercial message, that is otherwise lawful.
FREESTANDING MONUMENT SIGN
A freestanding sign whose ratio of width of sign to width of support is less than three-to-one.
FREESTANDING POLE SIGN
A freestanding sign whose ratio of width of sign to width of support is equal to or greater than three-to-one.
FREESTANDING SIGN
A sign supported by structures or supports that are placed on or anchored in the ground or at ground level and which are independent of any building or other structure. Unless otherwise limited or restricted, a freestanding sign may be either a freestanding monument sign or a freestanding pole sign.
FRONTAGE
The length of the property line of a parcel of land, which runs parallel with and along a road right-of-way or street, exclusive of alleyways.
FUTURE DEVELOPMENT SIGN
A sign that functions to advertise the future or proposed development of the premises upon which the sign is erected.
GARAGE OR YARD SALE SIGN (GARAGE-YARD SALE SIGN)
Any on-site temporary sign pertaining to the sale of personal property in, at or upon any residentially zoned property located in the Township. Garage or yard sales shall include but not be limited to all such sales, and shall include the advertising of the holding of any such sale, or the offering to make any sale, whether made under any name such as garage sale, lawn sale, yard sale, front yard sale, back yard sale, home sale, attic sale, rummage sale, patio sale, flea market sale, or any similar designation.
GRAND OPENING SIGN
An on-premises temporary sign that functions to announce the opening of a new business, that does not exceed 24 square feet in sign area and that is not displayed for longer than 30 days before the opening date for the new business and for not longer than seven days after the opening date of the new business.
GROUND LEVEL
The finished grade of a parcel of land exclusive of any filling, berming or mounding.
HEIGHT
Vertical distance measured from ground level nearest the base of the sign to the highest point on the sign.
HOLIDAY AND SEASONAL DECORATIONS
Decorations that pertain to legal or other recognized holidays or to a season of the year.
ILLEGAL SIGN
Any sign which has been determined to be in violation of any provision of this article, and/or any sign that was unlawfully erected under the law then in effect and which does not conform to this article.
ILLUMINATED SIGN
Any sign or portion thereof which is illuminated by artificial light, either from an interior or exterior source, including outline, reflective or phosphorescent light, whether or not the source of light is directly affixed as part of the sign.
INCIDENTAL SIGN
A sign not exceeding one square foot in size attached to a freestanding sign or affixed to a wall, that either:
(1) 
Identifies credit cards accepted by the owner, tenant, or occupant of the parcel where the incidental sign is located; or
(2) 
Provides an official notice of services required by law or trade affiliation.
INTERMITTENT SIGN
A sign which permits light to be turned on or off intermittently more frequently than once every 12 hours or which is operated in a way whereby light is turned on or off intermittently more frequently than once every 12 hours, including any illuminated sign on which such illumination is not kept stationary or constant in intensity and color at all times when such sign is in use, including an LED (light emitting diode) or digital sign, and which varies in intensity or color more frequently than once every 12 hours.
LOT
See definition of "parcel."
MACHINERY OR EQUIPMENT SIGN
Signs incorporated into machinery or equipment by a manufacturer or distributor, that function only to identify or advertise the product or service dispensed by the machine or equipment, such as signs customarily affixed to vending machines, newspaper racks, telephone booths, and gasoline pumps.
MAINTENANCE
Replacing, repairing or repainting of a portion of a sign structure, or periodically changing changeable copy or renewing copy, which has been made unusable by ordinary wear.
MARQUEE
Any permanent roof-like structure projecting beyond a building or extending along and projecting beyond the wall of the building, generally designed and constructed to provide protection from the weather.
MARQUEE SIGN
Any sign attached to a marquee.
MEMORIAL SIGN OR TABLET
A sign that functions to bear the name of a building and/or the date of erection or construction of a building, which forms a part of the building and is not greater than three square feet, such as a cornerstone or building plaque.
NAMEPLATE SIGN or OCCUPANT IDENTIFICATION SIGN
A sign indicating the name and/or profession or address of a person or persons residing on the premises or legally occupying the premises.
NONCOMMERCIAL MESSAGE
Any message which is not a commercial message.
NONCOMMERCIAL ON-SITE DIRECTIONAL SIGN
An on-site sign providing direction or information to pedestrian or vehicular traffic that is related or reasonably necessary to the movement of pedestrian or vehicular traffic on the premises, and not displaying a commercial message (e.g., "entrance," "exit," "caution," "no parking," "one-way only," "no trespassing," and the like).
NONCONFORMING SIGN
A sign which does not conform to the regulations provided in this article.
OFF-PREMISES SIGN or OFF-SITE SIGN
Any advertising sign relating in its subject matter to commodities, accommodations, services or activities on a premise other than the premises on which the sign is located.
ON-PREMISES SIGN OR ON-SITE SIGN
Any sign relating in its subject matter to the commodities, accommodations, service or activities on the premises on which the sign is located.
ORNAMENTAL FLAG
Any fabric or similar material containing patterns, drawings or symbols used for decorative purposes and designed to be flown as a flag.
PARAPET
A false front or wall extension above the roofline of a building.
PARCEL
Land which has been or which is proposed to be used, developed, or built upon as a unit under single ownership.
PENNANT
Any series of small flag-like or streamer-like pieces of cloth, plastic, paper or similar material attached in a row to any staff, cord, building, or at only one or two edges, the remainder hanging loosely.
PERMANENT SIGN
Any sign which, when installed, is intended for permanent use. For the purposes of this section any sign with an intended use in excess of 12 months from the date of installation shall be deemed a permanent sign.
PORTABLE SIGN
Any sign, banner, or poster that is not permanently attached to the ground or structure. For purposes of this section, a cold-air inflatable sign shall be considered a portable sign.
PREMISES
Any property owned, leased or controlled by the person actively engaged in business at that location.
PRINCIPAL USE
The use which constitutes the primary activity, function or purpose to which a parcel of land or a building is put.
PROJECTING SIGN
Any sign affixed perpendicularly to a building or wall in such a manner that its leading edge extends more than 10 inches beyond the surface of such building or wall.
REAL ESTATE SIGN
A sign advertising the sale, rental or lease of the premises or part of the premises on which the sign is displayed temporarily.
REVOLVING SIGN OR ROTATING SIGN
Any sign that revolves or rotates.
ROOFLINE
The highest continuous horizontal line of a roof. On a sloping roof, the roofline is the principal ridgeline or the highest line common to one or more principal slopes of a roof. On a flat roof, the roofline is the highest continuous line of a roof or parapet, whichever is higher.
ROOF SIGN
Any sign erected and constructed wholly on or over the roof of a building, which is supported by the roof structure, or any sign that extends in whole or in part above the roofline of a building.
SAFETY SIGN
See "warning sign."
SANDWICH BOARD SIGN
A temporary portable double-faced, freestanding sign.
SIGHT VISIBILITY TRIANGLE
A triangular-shaped portion of land established at street intersections or street and driveway intersections in which nothing is erected, or allowed to grow in such a manner as to limit or obstruct the sight distance of motorists entering or leaving the intersection. For street intersections, this triangle is measured 30 feet in length from the intersection along the abutting right-of-way lines to form a triangle, although these distances may vary based on the type of intersecting road; and for driveway intersections, this triangle is measured 10 feet from the intersection along the right-of-way line and along the driveway line to form a triangle.
SIGN
Any device, fixture, placard or structure which uses color, form, graphics, illumination, architectural style or design with text, or writing to advertise, attract attention, announce the purpose of or identify the purpose of any person or entity, or to communicate information of any kind to the public. The term "sign" includes sign structure. The following shall not be considered signs subject to the regulations of this section: artwork, holiday or seasonal decorations, cemetery markers, machinery or equipment signs, memorial signs or tablets.
SIGN AREA
The total square foot area of a sign surface, including all parts thereof devoted to the background, computed by bounding the exterior of the sign structure or surface with a series of straight or curved lines tangent thereto (see illustrative examples referenced in this article). The area of a sign painted directly on a wall, canopy or awning and signs with letters attached directly to walls, canopies, or awnings shall be calculated by constructing an imaginary series of straight lines or lines formed, bounded or characterized by curves around the outside of all elements of the sign.
SIGN FACE
The part of the sign that is or can be used to identify, display, advertise, communicate information, or for the visual representation, which attracts or intends to attract the attention of the public for any purpose.
SIGN REGULATIONS
This article, known as the "Sign Regulations of the Township of West Amwell, Hunterdon County, New Jersey."
SIGN STRUCTURE
Any structure which is designed specifically for the purpose of supporting a sign, which has supports or which is capable of supporting a sign. The definition shall include any decorative covers, braces, wires, supports, or other components attached to or placed around the sign structure.
SNIPE SIGN (BANDIT SIGN)
Any sign tacked, nailed, posted, pasted, glued or otherwise attached to trees, rocks, or other natural features, or poles, stakes, or fences, with the message appearing thereon not applicable to the present use of the premises upon which the sign is located.
SPECIAL EVENT SIGN
A content-neutral sign providing notice of, or direction to, an event, gathering, assembly or meeting that is open to the public at large.
STATUTORY SIGN
A sign required by any statute or regulation of the State of New Jersey or the United States.
STREET ADDRESS SIGN
Any sign denoting the street address of the premises on which it is attached or located.
SUBDIVISION MONUMENT IDENTIFICATION SIGN
A monument sign which contains only the name of a platted subdivision or other residential development. A subdivision monument identification sign at a platted subdivision or neighborhood entrance shall not be considered a billboard.
SUBSTANTIALLY DAMAGED OR DESTROYED
As it pertains to a nonconforming sign:
(1) 
Fifty percent or more of the upright supports of a sign structure are physically damaged such that normal repair practices of the sign industry would call for, in the case of wooden structures, replacement of the broken supports and, in the case of a metal sign structure, replacement of at least 25% of the length above ground of each broken, bent, or twisted support; or
(2) 
More than 50% of a wall or attached sign is physically damaged such that normal repair practices of the sign industry would call for the same to be replaced or repaired.
TEMPORARY SIGN
A sign intended for a use not permanent in nature. For the purposes of this section, a sign with an intended use of one year or less shall be deemed a temporary sign.
TIME AND TEMPERATURE SIGN
A sign which functions only to display the current time and temperature at intervals no more frequently than once per minute and which contains no other messages.
TOWNSHIP
The Township Committee of the Township of West Amwell, Hunterdon County, New Jersey.
TRAFFIC CONTROL DEVICE SIGN
Any sign located within the right-of-way that functions as a traffic control device and that is described and identified in the Manual on Uniform Traffic Control Devices (MUTCD) and approved by the Federal Highway Administrator as the National Standard. A traffic control device sign includes those signs that are classified and defined by their function as regulatory signs (that give notice of traffic laws or regulations), warning signs (that give notice of a situation that might not readily be apparent), and guide signs (that show route designations, directions, distances, services, points of interest, and other geographical, recreational, or cultural information).
VEHICLE SIGN
Any sign or signs where the total sign area covers more than ten square feet of the vehicle.
VISIBILITY TRIANGLE
See "sight visibility triangle."
WALL SIGN
A sign which is painted on, fastened to, or erected against the wall of a building with its face in a parallel plane with the plane of the building facade or wall, that does not extend above the height of the vertical wall or eaves, which is used for advertising.
WARNING SIGN or SAFETY SIGN
A sign that functions to provide a warning of a dangerous condition or situation that might not be readily apparent or that poses a threat of serious injury (e.g., gas line, high voltage, condemned building, etc.) or that functions to provide a warning of a violation of law (e.g., no trespassing, no hunting allowed, etc.).
WINDOW SIGN
Any sign mounted in any fashion on the interior or exterior of the surface of a window.
WIND SIGN
A sign which uses objects or material fastened in such a manner as to move upon being subjected to pressure by wind, and shall include banners, pennants, ribbons, spinners, streamers or captive balloons; however, the term "wind sign" shall not include flags.
C. 
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 which is among the prohibited signs and sign types listed below shall be deemed a nonconforming sign subject to the provisions of this article.
(1) 
Billboards.
(2) 
Revolving signs.
(3) 
Flashing signs.
(4) 
Animated signs.
(5) 
Wind signs.
(6) 
Portable signs.
(7) 
Roof signs.
(8) 
Abandoned and discontinued signs.
(9) 
Snipe signs; bandit signs.
(10) 
Projecting signs, except as expressly allowed.
(11) 
Bus bench advertising signs; bus shelter advertising signs.
(12) 
Signs that emit smoke, visible vapor or smoke, sound, odor, or visible particles or gaseous matter.
(13) 
Signs that have unshielded illuminating devices.
(14) 
Signs that obstruct, conceal, hide or otherwise obscure from view any official traffic or governmental sign, signal or device.
(15) 
Signs within a sight visibility triangle that obstruct a clear view of pedestrian or vehicular traffic.
(16) 
Signs in the public right-of-way, other than traffic control device signs, warning signs or safety signs.
(17) 
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 an official traffic control device signs, and which are adjacent to the right-of-way of any road, street, or highway.
(18) 
Signs nailed, fastened or affixed to any tree, with the exception of "No Hunting" and/or "No Trespassing" signs.
(19) 
Signs prohibited by state or federal law.
(20) 
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 two 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.
(21) 
Signs located on real property without the permission of the property owner.
(22) 
Beacons, except as required by federal or state law.
(23) 
Intermittent signs.
(24) 
Signs located, painted or affixed on a water tower, storage tower, or cell tower that are visible from a public street or roadway.
(25) 
Time and temperature signs.
D. 
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 section and with any other applicable law or regulation.
E. 
Exemptions. This section does not pertain to the following:
(1) 
A sign, other than a window sign, located entirely inside the premises of a building or enclosed space.
(2) 
A sign on a motor vehicle, other than a prohibited vehicle sign or signs.
(3) 
A statutory sign.
(4) 
A traffic control device sign.
(5) 
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 use.
F. 
Illumination; shielding of illumination. Freestanding and wall signs may be illuminated unless stated otherwise in the specific zoning district regulations, provided the illumination is designed and installed in such a manner that light from the sign meets all requirements of this Code and the New Jersey Uniform Construction Code. The following standards shall apply:
(1) 
Illumination of signs shall be by either indirect lighting or diffused-lighting, and shall not cause light spillage onto adjacent properties.
(2) 
Lights used for the illumination of freestanding or wall signs shall be shielded so as not to project light above the freestanding sign or the highest elevation of the front wall of the building on which the wall sign is displayed or more than 18 feet above the ground level, whichever is less.
(3) 
Free-form exposed neon lights for signs are prohibited.
(4) 
The light intensity for the illumination of a sign visible from the public right-of-way shall not exceed 50 footcandles per square foot on a standard Weston photolight source, illuminated surface or display window.
(5) 
Illumination shall be of a continuous (nonintermittent) nature and of a uniform color value.
(6) 
Illumination of signs, where permitted, which face property with a residential use shall not be illuminated between the hours of 10:00 p.m. and 7:00 a.m., except that an establishment may keep the sign illuminated until the business is closed to the public but not thereafter.
(7) 
Illumination of signs shall also comply with any stricter provisions that may be established by the Township Lighting Ordinance.
(8) 
Illuminated signs, in addition to conforming to all other requirements of this section, shall be shielded in such a manner so that no direct source of light is cast into residential properties or into a public street or right-of-way. Illuminated signs shall not interfere with pedestrian or motorist vision. The illumination shall not be reflective or phosphorescent and shall perform in a steady nonfluctuating or nonundulating manner and shall be placed in a manner that will not create a nuisance to other premises or interfere with vehicular movements.
G. 
All permanent signs shall be constructed entirely of wood or stone materials.
H. 
Substitution of noncommercial speech for commercial speech. Notwithstanding anything contained in these sign regulations or this Code to the contrary, any sign erected pursuant to the provisions of these sign regulations or this Code 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 these sign regulations and this Code have been satisfied.
I. 
Content neutrality as to sign message (viewpoint). Notwithstanding anything in these sign regulations or this Code 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.
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 Code without first obtaining such building permit from the Township as may be required by the New Jersey Uniform Construction Code. 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 Code is separate and independent of the requirement for a sign permit under this section.
B. 
Permit required.
(1) 
Signs in residential zone districts pursuant to § 109-126 shall be exempt from sign permitting hereunder.
(2) 
No sign permit shall be issued for the erection of a prohibited sign.
(3) 
Unless exempt from permitting, no permanent sign shall be erected, altered, relocated, maintained or displayed until a sign permit is obtained from and appropriate fee, if any, is paid to the Township.
(4) 
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 section and this Code.
C. 
Conditions.
(1) 
Duration of permit. If the work authorized under a sign permit has not been completed within six months 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. All visible portions of a sign and its supporting structure shall be maintained in a safe condition and neat appearance according to the following:
(a) 
If the sign is lighted, all lights shall be maintained in working order and functioning in a safe manner.
(b) 
If the sign is painted, the painted surface shall be kept in good condition.
(c) 
Every sign shall be kept in such manner as to constitute a complete or whole sign.
(d) 
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 section.
D. 
Appeals to the Board of Adjustment.
(1) 
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 these section regulations or any other provision of this Code pertaining to sign permits (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.
(2) 
The written appeal shall be filed with the Board of Adjustment in accordance with this article.
(3) 
The Board of Adjustment shall hold a hearing within 45 days following receipt of the written appeal.
(4) 
The Board of Adjustment shall render a written decision within 10 days following the hearing.
E. 
Appellate decisions deemed final, subject to judicial review. The appellate decisions of the Board of Adjustment pursuant to this article shall be deemed final, subject to judicial review as provided by law.
F. 
Administration and enforcing official; enforcement.
(1) 
The Zoning Official shall be the enforcing official of this article.
(2) 
Whenever a temporary sign is erected or maintained in violation of this article, the same may be removed by the Zoning Official at any time without notice.
(3) 
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 by any person.
(4) 
Whenever a permanent sign is erected or maintained in violation of this article or this Code, the Zoning Official 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 shall be brought into conformity with this article within 30 days. If the sign is not brought into conformity or removed by the end of the thirty-day period, the Zoning Official 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.
(5) 
In the event that any sign or sign structure is in violation of this article, the Zoning Official may cause the same to be removed summarily and without written notice if it is an immediate peril to persons or property.
G. 
Adoption of zoning regulations. The boundaries of the various districts shown upon the official zoning map and the regulations of this Code governing the use of land and buildings and other matters set forth therein, as the same may be amended from time to time, are made part of this section. Except provided in this section, no sign shall be erected, enlarged, reconstructed or structurally altered which does not comply with all the district regulations established by this section for the zoning district in which it is located.
Only the following signs shall be permitted:
A. 
One name plate sign. The sign shall not be more than 72 square inches in area, and shall be located within the property lines. A sign for home occupation use shall indicate only the name and profession of the resident.
B. 
One sign of not more than 10 square feet in area identifying a church, quasi-public or public building, playground, or such other similar permitted use. Such sign shall be located a minimum of 10 feet from any property line.
C. 
Customary warning, "No Hunting" or "No Trespassing" signs, provided that such signs may not exceed an area of one square foot.
D. 
For an agricultural use in a zone which permits agricultural uses:
(1) 
Not more than two signs advertising the sale and price of seasonal farm produce, provided that the aggregate area of such signs shall not exceed 10 square feet.
(2) 
One identification sign of not more than 10 square feet identifying the farm, the address of the owner, and type of produce available, if any. Such sign shall be located a minimum of 10 feet from any property line.
E. 
One sign to identify a conditional use, with the exception of those uses listed in Subsection C above. Such signs shall indicate only the name of the business and shall not exceed six square feet in area. Such sign shall be a minimum of 10 feet from any property line.
F. 
One sign to identify residential developments of 50 units or more. Such sign shall be a maximum of 10 square feet in size and shall be located a minimum of 10 feet from any property line.
G. 
No freestanding or monument sign in a residential zone shall exceed four feet in height.
A. 
Temporary signs for charitable sales and services are permitted only with the express approval of the Township Clerk.
B. 
Sales or rental signs. A sign advertising the sale or rental of a dwelling, building or lot shall be permitted, provided that:
(1) 
The size of any sale or rental sign shall not exceed six square feet.
(2) 
Not more than one sign is placed upon any property.
(3) 
Such sign shall be removed within seven days after the execution of contract for sale or lease.
(4) 
Developments with five or more homes or lots for sale may be advertised on a sign not to exceed 18 square feet. One such sign shall be permitted on each frontage if the development fronts on more than one street. The sign shall be removed when all of the homes or lots have been initially sold or rented.
(5) 
"For sale" or "for lease" signs of up to 18 square feet for land with five acres or more and 500 feet of frontage shall be permitted.
(6) 
Such signs shall not exceed six feet in height.
Only the following signs shall be permitted as an accessory use if designed and constructed in accordance with this section. Such signs shall not be located within 25 feet of the boundary of a residential zone.
A. 
In the HC, LHC, and LI Zoning Districts:
(1) 
One monument or freestanding sign is permitted for each lot.
(2) 
One wall-mounted or inscribed sign on the front facade of the building for each permitted use activity.
B. 
In the NC Zoning District:
(1) 
One wall-mounted or inscribed sign on the front facade of the building for each permitted use or activity.
C. 
Wall-mounted signs.
(1) 
The maximum area of a wall-mounted sign shall be 5% of the area of the wall on which it is mounted or 24 square feet, whichever is less.
(2) 
The maximum width of the sign shall be 50% of the width of the wall on which it is mounted.
(3) 
The sign may extend a maximum of three inches from the wall on which it is mounted.
(4) 
The maximum vertical dimension of any wall-mounted sign shall be two feet.
(5) 
Signs mounted perpendicular to the wall are permitted only if the lower edge of any such sign is eight feet above the ground and the area of the sign does not exceed six square feet.
D. 
Monument or freestanding signs.
(1) 
The maximum area shall be 24 square feet.
(2) 
Signs shall be located a minimum of 25 feet from any property line.
(3) 
The height of any sign shall be a maximum of six feet from ground level.
E. 
Marquee signs. Where a business establishment has a canopy or marquee constructed as an integral part of the building, a sign may be attached to the face or erected on top of the canopy or marquee in place of a wall-mounted sign, provided the sign does not extend above the highest point of the building wall to which the canopy or marquee is attached, and further provided that:
(1) 
Signs attached to the face of the canopy or marquee shall not extend above, below, or to the sides of the face of the canopy or marquee nor extend more than three inches from the face of the marquee.
(2) 
Signs erected on top of the canopy or marquee shall not extend beyond the face or edge of the canopy or marquee.
(3) 
For the purpose of this section, "canopy" or "marquee" shall mean a covering extending from a building wall, having horizontal or nearly horizontal top and bottom surfaces, located at least eight feet above the sidewalk or the ground below, but not including any extension of the building roof.
(4) 
Maximum sign area and size shall be determined by the size and dimensions of the wall to which the marquee or canopy is attached.
F. 
Pylon signs. Gas stations may display the following signs:
(1) 
One freestanding or pylon sign advertising the name of the station or garage, the emblem, and pricing information; not to exceed 24 square feet in area, 15 feet in height and shall be located at least five feet from the property line.
A. 
Generally. If any part, section, subsection, paragraph, subparagraph, sentence, phrase, clause, term, or word of this section is declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, the declaration of such unconstitutionality shall not affect any other part, section, subsection, paragraph, subparagraph, sentence, phrase, clause, term, or word of this section.
B. 
Severability where less speech results. Without diminishing or limiting in any way the declaration of severability set forth in this article or any adopting ordinance, if any part, section, subsection, paragraph, subparagraph, sentence, phrase, clause, term, or word of this section is declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, the declaration of such unconstitutionality shall not affect any other part, section, subsection, paragraph, subparagraph, sentence, phrase, clause, term, or word of this section, even if such severability would result in a situation where there would be less speech, whether by subjecting previously exempt signs to permitting or otherwise.
C. 
Severability of provisions pertaining to prohibited signs. Without diminishing or limiting in any way the declaration of severability set forth in this article, or elsewhere in this Code, or any adopting ordinance, if any part, section, subsection, paragraph, subparagraph, sentence, phrase, clause, term, or word of this section or any other law is declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, the declaration of such unconstitutionality shall not affect any other part, section, subsection, paragraph, subparagraph, sentence, phrase, clause, term, or word of this section that pertains to prohibited signs, including specifically those signs and sign-types prohibited and not allowed under this article. Furthermore, if any part, section, subsection, paragraph, subparagraph, sentence, phrase, clause, term, or word of this article is declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, the declaration of such unconstitutionality shall not affect any other part, section, subsection, paragraph, subparagraph, sentence, phrase, clause, term, or word of this article.
D. 
Severability of prohibition on billboards. If any part, section, subsection, paragraph, subparagraph, sentence, phrase, clause, term, or word of this section and/or any other code provisions and/or laws are declared invalid or unconstitutional by the valid judgment or decree of any court of competent jurisdiction, the declaration of such unconstitutionality shall not affect the prohibition on billboards as contained herein.