[HISTORY: Adopted by the Municipal Council of the Township
of Irvington 1-13-1981 by Ord.
No. MC 2622 as Ch. 75, Art. II, of the 1981 Revised
Code. Amendments noted where applicable.]
The purpose of this chapter is to provide minimum standards
to safeguard life, health, property and public welfare by regulating
and controlling the design, quality of materials, construction, illumination,
location and maintenance of all signs and sign structures, and to
encourage signs which are well designed and pleasing in appearance
and to provide incentive and latitude for variety, good design relationship
and spacing and to enhance the economic value of the community and
each area thereof through the regulation of signs and outdoor sidewalk
merchandise displays and to reduce possible traffic and safety hazards
through good signing.
[Added 6-24-1997 by Ord.
No. MC 3073]
A.
No person may place any sign, poster, placard, billboard, graphic
display, freestanding sign and or device that advertises cigarettes
or alcohol within 500 feet of a school, park, church or community
center located in the Township of Irvington.
No sign, brace or guy wire shall be attached to any fire escape
or fire escape support. Signs shall not be placed nearer than two
feet from the ends of a fire escape platform. No table, sign, brace
or guy wire shall obstruct access to a fire escape or other means
of egress from a building, such as an exit corridor, exit hallway
or exit doorway. No sign shall cover up a window, doorway or other
opening providing light, ventilation or exit facilities which are
required by the regulations of the BOCA Building Code.[1]
[1]
Editor's Note: The building code referred to was superseded
by the adoption of the State Uniform Construction Code Act, N.J.S.A.
52:27D-119 et seq.
[Added 6-14-1966 by Ord.
No. MC 2132]
In all residential zones as delineated and set forth on the
Town Zoning Map, no sign, temporary or otherwise, in excess of eight
square feet in area shall be permitted. In the interpretation of the
area of the sign, the size shall be the display surface available
for advertising, including decorative trim, or, in the case of individual
letters, the sum of the areas of the individual rectangular box dimensions
of the letters.
[Added 9-26-1967 by Ord.
No. MC 2172; amended 3-12-1968 by Ord. No. MC 2186; 12-23-1968 by Ord. No. MC 2207; 4-27-1971 by Ord. No. MC 2283]
A.
On all residential premises wherein any dwelling is occupied by not
more than six families, the display of any sign stating the premises
are "for sale, rent, lease, let, transfer or available," or any other
words indicating that the use or possession of such premises or transfer
of an interest in such premises is available to another, is prohibited
unless the following standards are complied with:
(1)
Signs shall not exceed 14 inches by 24 inches in area and shall consist
of black lettering on a white background, which shall state only that
the property is either for sale or for rent and may contain only such
legends as "inquire within," a telephone number or the name of the
owner of the property.
(2)
The sign must be removed within seven days after the execution of
the agreement of sale, lease, let, rent, use or possession of such
premises or transfer of any interest in same.
B.
The erection, maintenance or display of any sign marked "sold" on
any structure, plot or land or any real estate is permitted within
the boundaries of the Town under the following conditions:
(1)
Signs shall not exceed 22 inches by 26 inches in area.
(2)
Signs shall consist of black lettering on a white background.
(3)
Signs may contain only the word "sold," the name and address of the
realtor and the telephone number of the realtor.
(4)
The sign must be removed from the structure, plot or land within
14 days after the date of the sale, transfer of use or possession.
If any sign shall become unsafe, the Building Inspector shall
notify the owner or such other person as may be responsible for the
maintenance of the sign, to either remove the sign or make it safe.
The owner shall comply with such notice within 15 days after service
of same.
All signs shall be maintained in good condition at all times.
The Building Inspector shall notify the owner of any sign which may
become dirty or dingy to clean, paint, repair or replace the same,
as the occasion may demand. The Building Inspector shall notify the
owner failing to keep an illuminated sign illuminated properly to
maintain the illumination or, if the portions of the sign affording
illumination are in poor repair, to repair same. The Building Inspector
shall notify the owner of a poorly maintained or unsightly sign to
remove same. Any person feeling aggrieved by any such order of the
Building Inspector may appeal to the Municipal Council within 10 days
after being so notified.
No sign overhanging the roadway area shall be maintained unless
specific approval of the Municipal Council is first obtained, by resolution
duly passed. Where such approval is obtained, it shall be unlawful
for any person to maintain such sign without such supports as to meet
the approval of the Building Inspector as to public safety.
It shall be unlawful for any person to maintain a sandwich board,
merchandise table, merchandise or equipment on the public sidewalk
or in any entryway.
[Amended 3-25-2019 by Ord. No. MC 3695; 2-10-2020 by Ord. No. MC 3720]
A.
AWNING SIGN
Definitions. As used in this section, the following terms shall have
the meanings indicated:
A light roof-like structure, supported entirely by the exterior
wall of a building that consists of a fixed or movable frame covered
with cloth, plastic or metal and extends over doors and/or windows
with the purpose of providing protection from sun and rain and/or
embellishment of the facade.
B.
Applicability of the changes to this section.
(1)
This section applies to all new businesses within the Township of
Irvington who register to do business or who otherwise open to do
business after April 15, 2019, the effective date of this section.
Such businesses must comply with the requirement of this section by
April 15, 2021.
(2)
This section also applies to all existing businesses. An existing
business is any business registered to do business with the Township
and who is otherwise operating a business within the Township prior
to April 15, 2019, the effective date of this section. Existing businesses
have two years or until April 15, 2021, from the original effective
date of this section, which was April 15, 2019, to comply with the
requirements thereof.
C.
Awning styles and specifications requirements. All awnings must adhere
to the following requirements. All awning signs shall be limited in
their position to the fringe or valance. The height of letters or
figures of such signs shall not exceed 10 inches. The subject matter
shall cover only the name of the owner of the awning and the place
and kind of business. Awnings shall have a clearance of eight feet
from the sidewalk and shall be kept in good repair.
(1)
Permitted styles are shed, marquee and gable with or without sign
bands. Waterfall, box, translucent and internally lit awnings are
not permitted. Only street addresses using Arabic numbers are permitted
on valance or at bottom of awning.
(2)
Material must be canvas, woven acrylic or similar material. Materials
that are not allowed are plastic, vinyl, Mylar and other shiny materials.
Egg crate undersides are also not permitted.
(3)
Only letters and numbers are allowed on the valance and must be five
to 10 inches high and cover no more than 70% of the valance.
(4)
Only external lighting is permitted. Gooseneck lighting is preferred.
Internal and backlit lighting are not permitted.
(5)
Awnings should be placed within window bay of storefront. Awnings
that cover the entire face of building facade are not permitted.
(6)
A specific color awning will be designated for each business corridor
as determined by the Township of Irvington. As such, the color and
layout of any awning must be reviewed and approved by the Township
Construction Code Official.
(7)
Businesses who are franchisees and who must maintain the color of
the business franchise are exempt from this requirement, however,
said businesses must take all steps available to ensure that their
awnings and signs are similar in style and layout to the herein requirements.
Franchise businesses must also complete the required application and
provide signage and awning options to the Construction Code Office
for review and approval prior to selecting a style and pattern.
(8)
Any additional signage, posters, advertisement displayed on storefront
windows and outside walls must be presented to the Construction Code
Official for review and approval. Such signage, posters and advertisement
displayed must be removed by existing businesses as per the requirements
of this section if such signage or advertisement are in violation
of this section.
D.
Permit requirements and process.
(1)
No awning shall be erected or maintained unless a permit therefor
shall first have been obtained from the Construction Code Official
or the Department of Housing and Building Construction.
(2)
No awning of any kind shall be erected or maintained which shall
extend beyond the property line and over any street or sidewalk, or
public place, or any part thereof, unless a permit therefor shall
first have been obtained from the Department of Housing and Building
Construction and Construction Code Official after the payment of the
permit application fee.
(3)
No permit for any such awning shall be issued by the Department of
Housing and Building Construction unless or until the proposed awning
has been reviewed and approved by the Zoning Official and Construction
Code Official.
(4)
No permit for any such awning shall be issued by the Construction
Code Official unless such awning is in compliance with the applicable
provisions of the uniform construction codes.
(5)
No permit for any awning shall be issued by the Department of Housing
and Building Construction or the Construction Code Official unless
the Construction Code Official determines, after review by the Fire
Official, that such awning or canopy will not interfere with firefighting
equipment, and specifically, if the building or structure involved
is of such height as to require the use of ladders in the event of
fire, that the location and size of the awning will not interfere
with the placement of such ladders, or that the awning may be quickly
and easily removed in such manner as not to interfere with or delay
the deployment of fire ladders.
(6)
Property owners are responsible for the complying with the requirements
of this section. As such, property owners who rent out their commercial
to tenants to operate businesses are responsible for ensuring that
all tenants are notified and are in compliance with this section.
(7)
Prior to issuing a permit for any such awning the applicant therefor
shall submit to the Construction Code Official a signed indemnification
and hold harmless agreement, of a form approved by the Township Attorney,
in which the applicant agrees to indemnify and hold harmless the Township
of Irvington, its officers, agents and employees from any and all
claims of liability, including any reasonable attorney fees, resulting
from the issuance of the permit or the erection of any such awning.
(8)
Any permit granted hereunder may be revoked at any time by the Township
of Irvington whenever, in the opinion of the Council of the Township
of Irvington or the Construction Code Official, it would be in the
best interests of the citizens of Irvington to do so. Any permit issued
hereunder shall not grant to the holder thereof any permanent easement
to encroach upon the street, sidewalk or other public place but rather
shall only entitle the holder thereof to a revocable license.
(9)
Whenever the holder of the permit ceases to own or occupy the premises
for which the permit is issued, the permit shall expire. Upon the
expiration or revocation of the permit, any awning encroaching upon
the street, sidewalk or other public place shall be removed. In the
event the owner or occupant thereof fails to remove such awning after
notice thereof is provided, the Township may remove such awning and
charge the cost of such removal as a municipal lien against the property
in accordance with law.
(10)
The Construction Code Official shall not issue any permit hereunder
unless all of the foregoing requirements have been satisfied or unless
the Municipal Council has, by resolution, approved such permit.
E.
Application for awning permit. No permit shall be issued until the
applicant therefor shall have first filed a written application, a
form of which shall be maintained by the Department of Housing and
Building Construction, setting forth or containing the following:
(1)
Name and address of applicant.
(2)
Exact location where such awning is to be erected and maintained.
(3)
Name of the owner or lessee of the premises where such awning is
to be erected and maintained.
(4)
A statement as to whether the awning is to be a permanent or temporary
awning.
(5)
If the application is for a temporary awning, the date when the same
will be erected and removed.
(6)
A written specification describing the kind of materials to be used,
the general construction and the proposed method of anchoring the
awning.
(7)
For awnings a certificate of flame resistance from the fabric manufacturer.
F.
Violations and penalties. Any person who violates any provision of
this section shall, upon review and adjudication thereof, be punished
by a fine not exceeding $500 or by imprisonment for a term not exceeding
90 days, or both. A separate offense shall be deemed committed on
each day during or on which a violation occurs or continues.
A.
Defined. Temporary signs as regulated by this chapter shall include
any sign, banner, pennant, valance or advertising display constructed
of cloth, canvas, light fabric, cardboard, wallboard or other light
materials, with or without frames, intended to be displayed for a
short period of time only.
B.
Size limitations generally. No temporary sign shall exceed four feet in one of its dimensions or 100 square feet in area; provided that any such sign in excess of 60 square feet in area shall be made of rigid materials, that is, of wallboard or other light materials with frames, subject to the provisions of § 513-4.
[Amended 6-14-1966 by Ord. No. MC 2132]
C.
Signs weighing over 50 pounds. Every temporary sign weighing in excess
of 50 pounds shall be approved by the Building Inspector as conforming
to the safety requirements of the Building Code of the Town.[1]
[1]
Editor's Note: The building code referred to was superseded
by the adoption of the State Uniform Construction Code Act, N.J.S.A.
52:27D-119 et seq.
D.
Location restricted. No temporary sign shall prevent free ingress
to or egress from any door, window or fire escape, nor shall any such
sign be attached to any fire escape.
E.
Contents. The advertising contained on any temporary sign shall pertain
only to the business, industry or pursuit conducted within the premises.
This provision shall not apply to signs of a civic, political or religious
nature.
[Added 6-14-1966 by Ord.
No. MC 2132]
Any sign now or hereafter existing which no longer advertises a bona fide future event or purpose, a bona fide business conducted or a product sold shall be taken down and removed by the owner, agent or person having the beneficial use of the building or structure upon which such sign may be found, within 10 days after written notification from the Building Inspector, and, upon failure to comply with such notice within the time specified in such notice, the Building Inspector is hereby authorized to cause removal of such sign. Any person who violates this provision shall be subject to the provisions of § 513-17.
Show or display windows shall be maintained in a neat, uncluttered
manner and shall not be used for the storage of merchandise or as
a counter, table or rack for resale of merchandise.
Small announcement or professional signs not over one square
foot in area are permitted in any district; except that a church,
school, community center or other public or institutional building
may have for its own use an announcement sign or bulletin board not
over 12 square feet in area, which, if not attached flat against a
building, shall be at least 12 feet from all street lines.
[Added 3-24-2015 by Ord.
No. MC 3529]
A.
Failure to obtain permits for signs will result in the removal of
each sign. There will be a fee imposed for the removal of each sign
in the amount of $100 per sign.
B.
A permit fee of $2,500 shall be required to put up signs no sooner
than 14 days prior to an election and shall be removed seven days
after.
C.
Any person,
firm, corporation, limited liability company, partnership or other
business entity or commercial establishment of any type whatsoever
violating the provisions of this section shall, upon conviction, pay
the below imposed fines:
In the event of any conflict between the provisions of this
chapter and the provisions of the BOCA Building Code previously adopted,
the provisions of this chapter shall prevail.[1]
[1]
Editor's Note: The building code referred to was superseded
by the adoption of the State Uniform Construction Code Act, N.J.S.A.
52:27D-119 et seq.
