The following regulations are adopted to allow for the identification,
notification and advertisement of uses of property and of events within
the Township of Pequannock in a manner that provides information and
safe access for the pedestrian or the motoring public while eliminating
clutter and unreasonable distractions. These regulations seek to establish
an aesthetic approach to signage based on conformity, relationship
to use, location, and the structural context in which a sign is installed.
For the purposes of this article, the terms and words set forth
below shall be defined as follows:
120-DAY PLAN
Business promotion plan that sets forth a planned program
for the installation of temporary business signs.
ABANDONED SIGN
A sign no longer used for its original intent or a sign on
a vacant, unoccupied or abandoned property.
ADVERTISE
Giving, attempting to give, or intending to give any notice
or information, or any activity which gives, attempts to give, or
intends to give notice, information, or warning.
AIR DANCER
Sometimes called "Tube man," "Windy man," or "Fly guy," a
man-like large inflatable device having huge tube-like sleeves and
used to advertise a business.
ATTACHED SIGN
Any sign on or affixed to any exterior surface of a building,
provided such sign does not project beyond six inches from said exterior
surface and does not project past any exterior corner of the building.
AWNING
A structure either detached from or attached to and extending
from the enclosed portion of a building and used principally to provide
shelter in connection with activities conducted in the principal building.
This definition includes but is not limited to fuel station, bank,
office and retail store canopies.
BALLOONS
Eighteen-inch individually displayed inflatables.
BANNER
Any temporary sign printed or displayed upon cloth or other
flexible material, with or without frames.
BUILDING
Any permanent roofed enclosure including physically related
parts.
CANOPY
A structure either detached from or attached to and extending
from the enclosed portion of a building and used principally to provide
shelter in connection with activities conducted in the principal building.
This definition includes but is not limited to fuel station, bank,
office and retail store canopies.
CHANGEABLE COPY
A sign, or portion of a sign, that is designed so that characters,
letters or illustrations can be changed or rearranged manually, without
altering the face or surface of the sign.
COMMERCIAL PROPERTY
The lot or land area associated with a property that is used
commercially or is commercially zoned.
DECORATIVE FLAG
An individual flag not exceeding 12 square feet that is not
a business sign and which displays no commercial message.
ELECTRONIC MESSAGE CENTER/BOARD
An electronic or electronically controlled message board
where scrolling or moving copy changes are shown on the same message
board or any sign which changes the text of its copy electronically
or by electronic control more than once per hour.
ERECT
To build, construct, attach, hang, place, suspend or affix
and shall also include the painting or lettering of any sign, insignia,
or letters painted or otherwise affixed to the outside wall of any
building or structure or part thereof.
FARM PRODUCTS
Any agricultural, horticultural, forest or other product
of the soil or water, but not limited to fruits, vegetables, eggs,
dairy products, meat and meat products, poultry and poultry products,
fish and fish products, grain and grain products, honey, nuts, maple
products, apple cider, fruit juices, ornamental or vegetable plants,
and nursery products.
FESTIVAL
An event that is held to celebrate a particular thing or
activity.
FREESTANDING SIGN
Any sign supported by structures or supports that are placed
on or anchored in the ground and that are independent from any building
or other structure. Ground signs, monument signs and pole-mounted
signs shall be considered freestanding signage.
[Added 11-23-2021 by Ord.
No. 2021-16]
GLARE
Light emitting from a luminaire with an intensity great enough
to reduce a viewer's ability to see, and in extreme cases causing
momentary blindness.
GROUND SIGN
A freestanding sign with no visible support.
[Added 11-23-2021 by Ord.
No. 2021-17]
INFLATABLE
A large balloon or inflated material that is used to draw
attention to a commercial activity.
LUMEN
A unit of luminous flux. One footcandle is one lumen per
square foot. For the purposes of this article, the lumen output value
shall be the initial lumen output ratings of a lamp.
LUMINAIRE
The complete lighting system, including the lamp, the fixture
and other parts.
MONUMENT SIGN
A freestanding sign with low overall height.
[Added 11-23-2021 by Ord.
No. 2021-17]
PERMANENT SIGN
A sign intended to be used for a period which is longer than
30 days.
POLE-MOUNTED SIGN
A freestanding sign with a visible, single support structure.
[Added 11-23-2021 by Ord.
No. 2021-17]
SIGN
A structure or device which displays or intends to display
any name, identification, description, illustration or lettering,
which is affixed to, or painted on, or erected directly or indirectly
upon a building, structure, or piece or tract of land and which directs
attention to an organization, business, product, individual, or service.
SIGN AREA
The area of a sign shall be the entire display or total gross
advertising area within a single continuous rectangular perimeter
enclosing the extreme limit of such display space exclusive of any
structural or framing elements; provided, however, and with the exception
of a canopy, the structural component surrounding the sign area shall
not extend more than one foot beyond any edge of the area permitted
in the zone district. The area of a sign with two faces that have
no angle between shall be the equivalent of the area of one of the
faces.
SIGN FACE
The area or display surface used for the message.
SIGN HEIGHT
The height of any sign shall mean the distance between the
average grade of the site where the sign is located and the highest
structural component. Any change in a site's grade specifically designed
to increase the sign's height shall be included as part of the sign's
height.
[Amended 4-27-2021 by Ord. No. 2021-05]
SIGN, ANIMATED
Any sign which flashes, revolves, rotates or swings by mechanical
means or uses a change of lighting to depict action or to create a
special effect or scene.
SIGN, AWNING
A sign that is mounted to or painted on or attached to an
awning, as defined in this article, that is otherwise permitted by
this article.
SIGN, AWNING (ON-PREMISES)
An on-premises attached sign displayed, attached or incorporated
into the surface of an architectural projection from and supported
by the exterior wall of a building and composed of non-rigid material
and/or fabric or a supporting framework that may be either permanent
or retractable.
SIGN, BANNER
A temporary sign made of flexible material such as canvas,
sailcloth, plastic or waterproof paper.
SIGN, BILLBOARD
A sign which contains a commercial message and which directs
attention to a business, commodity, service or entertainment conducted,
sold or offered at a location other than the premises on which the
sign is located.
SIGN, BUSINESS
A sign which specifically or directly calls attention to
a business or profession conducted or to a commodity, service or entertainment
sold or offered upon the premises where such a sign is located, or
to which it is affixed.
SIGN, CANOPY
A sign attached to a canopy, as defined in this article.
SIGN, CHANGEABLE COPY
A sign or portion of a sign that is devoted to and designed
for manually or automatically changeable copy text and graphics. Changeable
copy signs do not include time, date and/or temperature signs and
electronic message signs as hereinafter defined.
SIGN, CONSTRUCTION
A temporary sign erected on the premises on which construction
is taking place during the period of such construction, indicating
the names of architects, engineers, landscape architects, contractors,
or similar artisans and the owners, financial supporters, sponsors
and similar individuals, or firms having a role or interest with respect
to the structure or project.
SIGN, DEVELOPMENT
A temporary sign advertising the development, lease or sale
of property prior to development but subsequent to subdivision or
site plan approval by the appropriate Township board.
SIGN, DIRECTORY
Signs listing the tenants or occupants of a building or group
of buildings, The respective professions or business activities may
also be included as part of the sign.
SIGN, ELECTRONIC MESSAGE
A sign, or portion of a sign, that displays an electronic
image and/or video, which may or may not include text. Such signs
include any sign, or portion of a sign, that uses changing lights
to form a sign message or messages or uses electronic means to change
the sign message. Electronic message signs include but are not limited
to signs known as "electronic reader boards," "electronic message
center signs" and "commercial electronic-variable message signs."
Electronic message signs are not considered flashing signs.
[Amended 4-27-2021 by Ord. No. 2021-05]
SIGN, EXTERNALLY ILLUMINATED
A sign that features artificial illumination from a light
source which provides light directly onto the sign face, or portion
of the sign face, or its background, which light in then reflected
back to the viewer,
SIGN, FEATHER/TEARDROP
A banner sign in the shape of a feather or teardrop that
is held taught by a spring tension and supported by a single flexible
pole.
SIGN, FLASHING
A sign in which the artificial light is not maintained stationary
and constant in intensity and/or color at all times.
SIGN, INFLATABLE
Any display or object capable of being expanded by air or
other gas and used on a temporary or permanent basis to advertise
a product or event.
SIGN, INFORMATION, DIRECTIONAL OR IDENTIFICATION
A sign containing information relating to direction and/or
identification of a use that is installed by or at the direction of
a governmental authority or with its approval. An information, directional
or identification sign shall not contain any commercial content other
than a symbol, name or logo of the establishment it serves.
SIGN, INTERNALLY ILLUMINATED
A sign that features artificial illumination from a light
source located behind the sign face and which transmits light through
the sign face or portions of the sign face to the viewer. Also known
as "backlit illumination." Use of exposed neon tubing and similar
lighting shall not be considered an internally illuminated sign.
SIGN, MENU BOARD
A sign with a changeable surface display area or changeable
message. It can also be in the form of an A-frame sign.
SIGN, MOVABLE
A sign capable of being moved or relocated, including portable
signs mounted on a chassis and wheels or on legs.
SIGN, NAMEPLATE
A sign which states the name or address, or both, of the
occupant of the premises where the sign is located.
SIGN, NEON
An illuminated sign containing a glass tube filled with neon
or phosphorus which is bent to form letters, symbols or other shapes.
SIGN, NONCONFORMING
A legal sign existing at the effective date of this article
which could no longer be constructed or installed under the terms
of this article.
SIGN, POLITICAL
A temporary sign used in connection with a local, state or
national election or referendum.
SIGN, PORTABLE
A sign not permanently attached to the ground or other permanent
structure, including only the following: A-frame signs and sandwich
board signs.
SIGN, PROFESSIONAL
A sign listing only the name, profession and/or specialty
of each practitioner.
SIGN, PROJECTING
A permanent sign which is affixed to a building at a ninety-degree
angle and which extends not more than four feet beyond the surface
to which it is affixed.
SIGN, PUMP ISLAND CANOPY
A flush-mounted sign on the vertical surface and canopy,
which is the ornamental or protective roof-like structure erected
above the pumps of a gasoline station.
SIGN, REAL ESTATE
Any temporary sign displayed for the purpose of offering
for sale, lease or rent the property on which such sign is erected,
affixed or otherwise established.
SIGN, REPLACEMENT
A sign which replaces the message portion or display area
of a conforming sign but does alter the structural components. This
replacement does not require a sign permit.
SIGN, SANDWICH BOARD/A-FRAME
A single- or double-faced portable sign that is intended
to be used on a sidewalk or pedestrianway in front of the business
for which the commercial message is intended. Such a sign shall have
a maximum sign height of three feet with a maximum sign dimension
of two feet by three feet with a sign area not to exceed six square
feet.
SIGN, SPECIAL EVENT
A sign advertising a public or quasi-public event that is
sponsored by a nonprofit or government agency.
SIGN, SUSPENDED
A sign that is suspended from the underside of a horizontal
plane surface and is supported by such surface.
[Added 4-27-2021 by Ord.
No. 2021-05]
SIGN, TEMPORARY
A sign intended to be displayed for a short period of time,
as required by this article.
SIGN, VEHICLE
A sign affixed or painted on a vehicle or trailer and parked
at a specific location so that its primary purpose is as a commercial
message.
SIGN, WALL
An on-premises sign affixed to the wall of any building and
completely in contact with the building throughout its greatest dimension,
which does not extend beyond the main wall of the building more than
12 inches except in accordance with these regulations.
SIGN, WINDOW
A sign which is affixed to the inside of any window or glass
portion of a door. Window signs occupying less than 50% of the glass
area are not regulated by this article.
STRUCTURE
Any building, edifice, construction, canopy, awning, device
or piece of work or other part thereof, or any combination of the
related parts.
USE
The occupation, activity, business operation, or industrial
operation maintained or engaged in by any person. Where a business
or industrial building contains no partitions or dividing walls, the
one or more uses maintained or engaged therein shall be considered
as one use. Where such business or industrial building is divided
by partitions or dividing walls, the one or more uses maintained or
engaged in, in each such division, shall each be considered as one
use.
WIND SOCK
A tapered, tubular cloth vane open at both ends and having
on the larger end a fixed ring pivoted to swing freely, to show the
direction of the wind and used to advertise a business.
It shall be unlawful for any person to create, erect, alter, place, or relocate any sign as enumerated in §
360-78A and
B of this article without obtaining a sign permit from the Department of Construction and Land Use and, when required, a construction permit from the Construction Official.
A. Procedure for temporary signs.
A temporary sign permit allowing the posting of a temporary sign shall
be issued by the Zoning Officer upon demonstration that the sign will
conform to the regulations enumerated herein.
(1) Application. The application
for a temporary sign permit shall be made on forms provided by the
Department of Construction and Land Use and shall contain the following
information:
(a) Name, address, and telephone
number of the applicant and the owner of the premises.
(b) Signature of owner granting
permission to make application.
(c) Blueprints or ink drawings
indicating the dimensions of the sign.
(d) Drawing or description
indicating where on the premises the sign is to be installed.
(e) Adequate assurances that
the Township will be held harmless in the event that a temporary sign
causes damages.
(f) The date on which a temporary
sign will be installed or removed or a 120-day plan indicating the
installation and removal of temporary signs for the current year.
(2) Fees.
(a) Political signs, farm
product for sale signs, special event signs, and real estate signs
except for real estate directional signs shall be assessed no fee
for a temporary sign permit.
(b) Special sales signs and
signs for festivals, exhibitions or shows when permitted in conjunction
with another permit or license shall be assessed no additional fee.
(c) The fee for a real estate open house directional sign permit shall be as provided in Chapter
152, Fees.
(d) The fee for a temporary sign permit to install a new business sign or promotional sign shall be as provided in Chapter
152, Fees.
(e) The fee for the filing of a 120-day plan shall be as provided in Chapter
152, Fees.
(3) The Zoning Officer shall
issue a permit for conforming temporary signs within seven business
days of receiving a complete application. The permit for a singular
temporary sign installation shall be valid for 30 days. The permit
for the 120-day plan permit shall be valid until December 31 of the
year in which the application is made.
B. Procedure for permanent signs.
A sign permit allowing the erection of a permanent attached sign or
any alterations to the size, structural components or the location
of an existing attached sign is required and shall be issued by the
Zoning Officer, provided the sign size, structural components, location
and/or illumination meets the requirements of this article. A sign
permit allowing the erection of a permanent freestanding sign or any
alterations to the size, structural components or the location of
an existing freestanding sign is required and shall be issued by the
Zoning Officer upon approval of a sign application by the Planning
Board. A sign permit allowing the erection of any permanent sign or
any alterations to the size, structural components or the location
of an existing sign that does not meet the requirements of this article
is required and shall be issued by the Zoning Officer, upon approval
of a sign application by the Planning Board.
(1) Application. The application
for a sign permit for a permanent sign shall be made upon forms provided
by the Department of Construction and Land Use, in duplicate, and
shall contain or have attached the following material or those from
the list below as the Director of Planning may require for review:
(a) Name, address, and telephone
number of the applicant and the owner of the premises.
(b) Statement and signature
of the owner of the property authorizing the application.
(c) Location of the premises
where the sign is to be located.
(d) Blueprints or ink drawings
indicating the dimensions of the sign, including framing and any structural
components that will be visible to the public.
(e) A site plan indicating
the location on the premises of any proposed freestanding sign and
the distance to the roadway.
(f) A blueprint, photograph,
or ink drawing drawn to scale showing the proposed attached sign or
canopy sign in relation to the front facade of the building to which
the sign will be attached.
(g) A description of the color,
construction techniques and materials of the proposed sign.
(h) In the case of a new sign
for a commercial property where there are existing signs to remain,
the applicant shall supply sufficient information regarding the other
signs and the potential for additional tenants at the same location
to make a determination as to the conformity of the proposed sign.
(i) In the case of a new sign
on a commercial property where there are existing signs, the applicant
shall provide photographs showing that the proposed sign shall be
consistent with the existing signs.
(j) In the case of an application
to erect a new freestanding sign, a sketch of the landscaping plan
for the base of the sign is required and shall include a listing of
any species of plants included on the plan.
(2) Construction permit. Upon
approval of a sign permit, the applicant may be required to make an
additional application for a construction permit and shall submit
information, as needed, to ensure compliance with the relevant construction
codes.
(3) Fees. An application for a sign permit for a permanent sign shall include a fee calculated as provided in Chapter
152, Fees.
(4) Review and determination.
(a) The Zoning Officer shall
review an application for a proposed sign to determine whether the
application is complete and whether the proposed sign will require
any variances. After all required application materials have been
submitted, the Zoning Officer will, within 30 days of having received
a complete application, schedule a hearing on the application before
the Planning Board or approve the sign if it is fully compliant with
the requirements of this article.
(b) The Planning Board shall
review and decide on applications for new signs and sign variances
and shall act on sign applications within 45 days of the referral
from the Zoning Officer. The Planning Board shall apply the standards
and guidelines established herein but may vary the standards in a
case where, because of an exceptional situation, strict application
of the standard would result in exceptional or practical difficulty.
(5) Appeal. An appeal from the
decision of the Planning Board shall be made directly to the court
of competent jurisdiction. All appeals shall be made in accordance
with N.J.S.A. 40:55D-1 et seq.
C. Procedure for abandoned signs.
A sign permit allowing any alterations to the size, structural components
or the location of an existing and permanent attached sign or freestanding
sign is required and shall be issued by the Zoning Officer within
30 days of the request, provided the sign size, structural components,
location and/or illumination meets the requirements of this chapter.
A sign which replaces the message portion or display area of a confirming
sign but does not alter the structural components does not require
a sign permit.
[Added 11-23-2021 by Ord.
No. 2021-16]
(1) Whenever
there is a change in occupancy of a building or premises, including
any vacancy of such building or premises, the message of any sign
or signs which identify or advertise an individual, business, service,
product, or other item that is no longer present or available in the
building or on the premises shall be removed.
(2) The
manner of removal of sign messages shall include, but is not limited
to, the following:
(a) In the case of a sign with a painted message, the sign message shall
be painted over to match the background.
(b) In the case of a sign with projecting or movable letters or symbols,
the letters and/or symbols shall be removed.
(c) In the case of a sign where the message is contained on a panel that
is inserted into the sign frame or structure, the message panel shall
be replaced with a blank panel.
(d) In the case of a sign where the message cannot be removed without
also removing the sign structure, the structure shall be removed unless
the owner demonstrates to the satisfaction of the Zoning Officer that
the sign message could reasonably apply to the next occupant of the
building or premises. If the sign message does not accurately identify
or advertise the next occupant of the building or premises, or any
product, service or other item available at the premises, the sign
structures shall be removed prior to the issuance of a certificate
of occupancy for said occupant.
If the Zoning Officer or Construction Official finds that a
sign is in need of repair due to graffiti, faded conditions, is without
an insert or has broken parts or because it is unsafe or insecure,
the Zoning Officer or Construction Official may cause sign maintenance
or repair. In such instances, a notice of violation will be mailed
to the property owner and, where applicable, the owner of the business.
The responsible person will have 10 days to complete the repair or
such time as agreed to by the Zoning Officer and shall notify the
Zoning Officer as to when the repair has been accomplished. Failure
to complete the work or to notify the Zoning Officer within the specified
time frame will subject the responsible party to further legal action
and fines as described below.