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. ABANDONED OR DISCONTINUED SIGN OR SIGN STRUCTURE ADVERTISING AGRICULTURAL IDENTIFICATION SIGN AGRICULTURAL PRODUCE SIGN ANIMATED SIGN ARTWORK AWNING SIGN BANDIT SIGN BANNER BEACON BILLBOARD BUILDING FRONTAGE CANOPY SIGN CODE COMMERCIAL MESSAGE CONSTRUCTION SIGN COPY DOUBLE-FACED SIGN ELECTION SIGN ERECT FACADE FLAG FLAGPOLE FLASHING SIGN FREE EXPRESSION SIGN FREESTANDING MONUMENT SIGN FREESTANDING POLE SIGN FREESTANDING SIGN FRONTAGE FUTURE DEVELOPMENT SIGN GARAGE OR YARD SALE SIGN (GARAGE-YARD SALE SIGN) GRAND OPENING SIGN GROUND LEVEL HEIGHT HOLIDAY AND SEASONAL DECORATIONS ILLEGAL SIGN ILLUMINATED SIGN INCIDENTAL SIGN INTERMITTENT SIGN LOT MACHINERY OR EQUIPMENT SIGN MAINTENANCE MARQUEE MARQUEE SIGN MEMORIAL SIGN OR TABLET NAMEPLATE SIGN or OCCUPANT IDENTIFICATION SIGN NONCOMMERCIAL MESSAGE NONCOMMERCIAL ON-SITE DIRECTIONAL SIGN NONCONFORMING SIGN OFF-PREMISES SIGN or OFF-SITE SIGN ON-PREMISES SIGN OR ON-SITE SIGN ORNAMENTAL FLAG PARAPET PARCEL PENNANT PERMANENT SIGN PORTABLE SIGN PREMISES PRINCIPAL USE PROJECTING SIGN REAL ESTATE SIGN REVOLVING SIGN OR ROTATING SIGN ROOFLINE ROOF SIGN SAFETY SIGN SANDWICH BOARD SIGN SIGHT VISIBILITY TRIANGLE SIGN SIGN AREA SIGN FACE SIGN REGULATIONS SIGN STRUCTURE SNIPE SIGN (BANDIT SIGN) SPECIAL EVENT SIGN STATUTORY SIGN STREET ADDRESS SIGN SUBDIVISION MONUMENT IDENTIFICATION SIGN SUBSTANTIALLY DAMAGED OR DESTROYED(1) (2) TEMPORARY SIGN TIME AND TEMPERATURE SIGN TOWNSHIP TRAFFIC CONTROL DEVICE SIGN VEHICLE SIGN VISIBILITY TRIANGLE WALL SIGN WARNING SIGN or SAFETY SIGN WINDOW SIGN WIND SIGN
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:
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:
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.
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.
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.
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.
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.
See "canopy sign."
See "snipe sign."
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.
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.
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.
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.
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.
As used herein, the Land Development Code of the Township of West Amwell.
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.
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.
The linguistic or graphic content of a sign.
A single sign with items of information on both sides of the sign and mounted as a single structure.
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.
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.
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.
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.")
A pole on which to raise a flag.
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.
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.
A freestanding sign whose ratio of width of sign to width of support is less than three-to-one.
A freestanding sign whose ratio of width of sign to width of support is equal to or greater than three-to-one.
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.
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.
A sign that functions to advertise the future or proposed development of the premises upon which the sign is erected.
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.
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.
The finished grade of a parcel of land exclusive of any filling, berming or mounding.
Vertical distance measured from ground level nearest the base of the sign to the highest point on the sign.
Decorations that pertain to legal or other recognized holidays or to a season of the year.
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.
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.
A sign not exceeding one square foot in size attached to a freestanding sign or affixed to a wall, that either:
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.
See definition of "parcel."
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.
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.
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.
Any sign attached to a marquee.
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.
A sign indicating the name and/or profession or address of a person or persons residing on the premises or legally occupying the premises.
Any message which is not a commercial message.
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).
A sign which does not conform to the regulations provided in this article.
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.
Any sign relating in its subject matter to the commodities, accommodations, service or activities on the premises on which the sign is located.
Any fabric or similar material containing patterns, drawings or symbols used for decorative purposes and designed to be flown as a flag.
A false front or wall extension above the roofline of a building.
Land which has been or which is proposed to be used, developed, or built upon as a unit under single ownership.
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.
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.
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.
Any property owned, leased or controlled by the person actively engaged in business at that location.
The use which constitutes the primary activity, function or purpose to which a parcel of land or a building is put.
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.
A sign advertising the sale, rental or lease of the premises or part of the premises on which the sign is displayed temporarily.
Any sign that revolves or rotates.
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.
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.
See "warning sign."
A temporary portable double-faced, freestanding sign.
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.
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.
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.
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.
This article, known as the "Sign Regulations of the Township of West Amwell, Hunterdon County, New Jersey."
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.
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.
A content-neutral sign providing notice of, or direction to, an event, gathering, assembly or meeting that is open to the public at large.
A sign required by any statute or regulation of the State of New Jersey or the United States.
Any sign denoting the street address of the premises on which it is attached or located.
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.
As it pertains to a nonconforming sign:
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
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.
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.
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.
The Township Committee of the Township of West Amwell, Hunterdon County, New Jersey.
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).
Any sign or signs where the total sign area covers more than ten square feet of the vehicle.
See "sight visibility triangle."
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.
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.).
Any sign mounted in any fashion on the interior or exterior of the surface of a window.
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.