[HISTORY: Adopted by the Township of Howell by Ord. No. O-80-19, as amended through Ord. No. O-91-55 (Ch. XX of the 1974 Code). Subsequent amendments noted where applicable.]
As used in this chapter, the following terms shall have the meanings indicated.
ADVERTISING STRUCTURE
Any rigid or semirigid material with or without a sign displayed thereon situated upon or attached to real property or mobile objects and vehicles outdoors for the purpose of furnishing a background, base or support upon which a sign may be posted or displayed.
BILLBOARD or COMMERCIAL SIGN
A sign licensed under N.J.S.A. 54: 40-50[1] et seq. erected and maintained by an individual corporation engaged in the sale or rental of space thereon upon which space there is displayed a message intended to invite or draw the attention of the public to any activity, business, service or the like which is not produced, offered, manufactured or assembled upon the lot or premises upon which said sign is located.
BUSINESS SIGN
A sign used to identify the commercial, professional, or industrial enterprise which is displayed upon the premises occupied by such enterprise for the purpose of apprising the public of the location of such enterprise and the type of activity in which it is engaged.
GROUND SIGN
A self-supporting sign connected to the ground and independent of any other structure, including pylon, pedestal or individual post-type supports.
MULTIPLE-FAMILY DWELLING
Any structure or combination of structures intended or for the purpose of housing more than two families and not licensed by the municipality as a rooming house or boardinghouse.
PROJECTING SIGN
A sign mounted on the facade of side of the building and projecting out from the building which does not qualify as a wall or facade sign.
PROPERTY LINES
The boundary lines of a parcel of land except that, for purposes of this chapter, the property line shall be deemed to be the right-of-way line of any street which adjoins or borders such a parcel of land.
SIGN
The outdoor and/or indoor display of any writing, printing, picture, painting, emblem, drawing or similar device intended to invite or draw the attention of the public to any activity, goods, merchandise, property, business, services, entertainment, amusement or industrial activity or establishment.
SIGN AREA
Total area devoted to the conveying of the message, exclusive of the advertising structure.
WALL OR FACADE SIGN
A flat sign attached to and/or painted upon a building wall which extends not more than 15 inches from the wall and is not extended above the top or beyond the ends of the facade.
ZONES
All zones referred to in this chapter of those established by Chapter 188, Land Use, of the Code of the Township of Howell.
[1]
Editor's Note: N.J.S.A. 54:40-50 through 54:40-73 were repealed by L. 1991, c. 413, § 23, effective 1-17-1992.
A. 
Issuance of permits.
(1) 
All signs and advertising displays other than those expressly excepted in § 256-3 of this chapter shall require a sign permit.
(2) 
An application for a sign permit shall be made to the Code Enforcement Officer or any employee of the Construction Department of the Township on forms provided by him. The applicant shall also provide the Code Enforcement Officer or any employee of the Construction Department with a detailed sketch of the proposed construction and shall pay the required fee. If the applicant is not the owner of the premises upon which the sign is to be located, he shall supply the Code Enforcement Officer or any employee of the Construction Department with a signed consent from the owner to the application.
[Amended 12-20-2005 by Ord. No. O-05-46; 9-21-2010 by Ord. No. O-10-20]
(3) 
The fee for issuance of a sign permit shall be computed at the rate set forth in Chapter 139 of the Revised General Code of the Township of Howell. In the case of double-faced signs, the area of the surface of only one side shall be used for the purposes of the fee computation.
[Amended 9-21-2010 by Ord. No. O-10-20]
(4) 
When the sign has been installed, the Code Enforcement Officer or any employee of the Construction Department shall be notified so that he may make a final inspection.
[Amended 12-20-2005 by Ord. No. O-05-46; 9-21-2010 by Ord. No. O-10-20]
(5) 
After a permit has been obtained, the wording or picture upon a sign may be changed by the original applicant or by the new owner or tenant without the necessity of obtaining a new permit or payment of any additional fee, provided that such change does not create any violation of this chapter and does not enlarge or change the structural type of sign.
(6) 
No sign may be enlarged without obtaining a new permit.
B. 
Revocation of permits. A permit to erect or maintain a sign may be revoked for any one or more of the following reasons:
(1) 
Whenever the application used in obtaining the permit is false or misleading.
(2) 
Whenever any of the provisions of this chapter are violated.
(3) 
Whenever, in the opinion of the Code Enforcement Officer or any employee of the Construction Department, a licensed structure is not being maintained in a safe and sound condition.
[Amended 12-20-2005 by Ord. No. O-05-46; 9-21-2010 by Ord. No. O-10-20]
[Amended 12-20-2005 by Ord. No. O-05-46; 5-15-2007 by Ord. No. O-07-20; 9-21-2010 by Ord. No. O-10-20]
Only those signs which are exactly described in this section shall be allowed without a permit. Any sign, whether temporary or permanent, not listed or described herein, shall require a permit from the Code Enforcement Officer or any employee of the Construction Department of the Township as hereinbefore provided. The following signs shall be permitted within the purview of this section:
A. 
Directional signs within shopping centers, office, commercial or industrial complexes, for the convenience of the general public to identify parking areas, loading zones, entrances and exits and similar type signs, which shall not exceed eight square feet in area. (Business names or personal names are allowed but shall not include advertising messages.) Any such directional sign shall comply with the requirements of this chapter concerning location as to property lines and height.
B. 
Traffic signs, whether temporary or permanent, for the purpose of regulating traffic, when installed by persons authorized by the Township of Howell, by the County of Monmouth, by the State of New Jersey or by the United States Government.
C. 
Transportation signs, indicating public transportation stops, including bus stops, when installed by the Township of Howell or a public transportation agency.
D. 
Historical tablets, cornerstones, memorial plaques, and emblems which do not exceed six square feet in surface area and which are installed by government agencies, civic organizations, educational organizations, or historical societies or associations.
E. 
Warning and no trespassing signs, not to exceed two square feet in surface area.
F. 
Flags or emblems of religious, educational, or governmental organizations, which flags or emblems shall be flown from supports on the buildings or grounds being occupied by the organization.
G. 
Decorative signs showing the name and/or address of a house or family located upon the premises of the house and provided that such sign shall not exceed two square feet in total area. Any such decorative sign shall comply with the requirements of this chapter concerning location as to property lines and height.
H. 
Signs posted by agencies of the Township of Howell, County of Monmouth, State of New Jersey or the United States of America.
I. 
Real estate signs.
(1) 
Real estate signs announcing the sale, rental or lease of the premises on which the sign is located, said sign not to exceed four square feet of surface. If double-faced, the sign shall not exceed eight square feet on both sides. The sign shall not be illuminated. Such sign shall not be closer to the lot line than one-half the distance between the building and the property line as defined herein. Such real estate signs, except open house real estate signs, as set forth in the following subsection, shall not be located closer to other such signs than one in every 200 feet measured along the front of a lot or along the depth of the lot.
(2) 
Open house real estate signs are permitted under the following conditions:
(a) 
Open house signs may not exceed the size of real estate signs as set forth previously and shall not be illuminated.
(b) 
No more than three open house signs not located on the property being sold shall be permitted at any given time.
(c) 
One open house sign, to be located on the property being sold, shall be permitted, notwithstanding the existence and location of a real estate sign announcing the sale of said property being located on the same premises. Such open house sign shall be located no closer to the lot line than one-half the distance between the building line and property line as defined herein.
(d) 
Open house signs shall apply only to sales of residences.
(e) 
Such signs shall not be on display for more than 72 consecutive hours and only on Fridays, Saturday and Sundays.
(f) 
Such signs may announce the time and indicate the location of the open house event only but shall contain no other promotional or sales information, except the name of the agency, if any, involved on the sale.
(g) 
Such signs not located on the premises being sold shall not be placed anywhere that would create a traffic or site obstruction.
J. 
Signs displayed within a store for directional and interior advertising purposes.
K. 
Business signs painted on the valance of an awning bearing only the name and/or store number and/or type of business of the occupant or occupants of the subject premises, provided that such signs do not exceed 25 square feet in total area.
L. 
Political signs are permitted, provided that such signs comply with the following specifications and conditions:
(1) 
Time restriction. No person shall, within the limits of the Township, construct, erect, place or maintain any sign advertising or publicizing the candidacy of any individual for any public office prior to 30 days before any school board or special election, April 1 for any primary election, or September 1 for any general election.
(2) 
Removal specification. Any sign advertising or publicizing the candidacy of any person for public office as described above must be taken down and removed no later than midnight of the 14th day immediately following the election.
(3) 
Presumption created. There is hereby created a presumption that any sign referred to in Subsection L(1) and (2) above was constructed or installed at the request or direction of the person whose candidacy such sign advertises or publicizes, and such person shall be responsible for the observance of this section.
(4) 
Rented advertising space exempt. Nothing in this section shall be taken to prohibit or prevent any person from renting advertising space from the advertisers licensed to do business within the State of New Jersey and maintaining facilities for such advertising within the Township.
(5) 
Violations. Each day a sign shall be erected, placed or maintained within the Township contrary to Subsection L(1) and (2) above shall constitute a separate violation. Individuals who had signs installed or erected contrary to the time limitations prescribed in this subsection shall, prior to the issuance of any summons, receive a written warning advising them of the violation and commanding that such violation be remedied and cured within 10 days of the date of such warning. The failure of any individual to remedy and cure a violation of this subsection after due notice shall be issued a summons for violating the provisions of this subsection. For each such violation, the maximum penalty, upon conviction, shall be as provided for in Chapter 1, Article II, General Penalty.
M. 
A sign identifying an agricultural or horticultural use as these concepts are defined in Chapter 188, Land Use, which sign shall not exceed 24 square feet in area and which shall be nonilluminated. Such sign shall not be closer to any property line than 20 feet.
The following types of signs will be permitted in all residential zones upon issuance of a permit:
A. 
A single sign advertising a permitted use or indicating the office of a member of a recognized profession, provided that such signs shall not exceed four square feet in area, and further provided that no such sign shall be artificially illuminated. Any such sign shall not be closer to any property line than 10 feet and shall not be greater than four feet in height.
B. 
Two temporary signs in conjunction with a major subdivision of land which has been approved by the Howell Township Planning Board, provided that each such sign does not exceed 50 square feet in area and provided that such temporary sign shall be permitted only until 3/4 of the lots in the subdivision have been sold or two years from the date of the issuance of the first building permit for a residence within said subdivision, whichever occurs first. Any such sign shall not be closer to any property line than 20 feet, and shall not be greater than eight feet in height.
C. 
Two signs for the purposes of identifying a multifamily dwelling project, provided that no such sign shall exceed 10 square feet in area. Any such sign shall not be closer to any property line than 20 feet and shall not be greater than eight feet in height.
D. 
A single sign for the purpose of identifying a permitted boarding- or rooming house, provided that such sign shall not exceed four square feet in area. Any such sign shall not be closer to any property line than 20 feet and shall not be greater than eight feet in height.
[Amended 2-20-2005 by Ord. No. O-05-46; 9-21-2010 by Ord. No. O-10-20; 2-19-2013 by Ord. No. O-13-03; 3-16-2015 by Ord. No. O-15-09; 2-19-2019 by Ord. No. O-19-05]
The following types of signs will be permitted in all business and industrial zones:
A. 
Permitted signs.
(1) 
Wall facade. In the Neighborhood Commercial Zone, the sign area shall not exceed 20% of the area of the first or ground story facade. In the other business zones, the sign area shall not exceed 25% of the area of the first or ground story facade. A story shall not exceed 12 feet in height for the purpose of these calculations.
(2) 
Projecting. Business signs projecting from the side of the building, provided that such signs shall not project further than 60 inches from said building, and further provided that such signs shall not exceed 25 square feet in area and shall have a minimum of 10 feet clearance from the ground level or sidewalk level. No such projecting sign shall extend over an area used by vehicular traffic.
(3) 
Pylon. Business signs standing apart from any other structure, provided that such signs shall maintain a ten-foot minimum clearance from all property lines and a seven-foot clearance from established grade and further provided that no such sign shall exceed 80 square feet in area, and in the highway business zones, no such sign shall be placed closer than 20 feet to the right-of-way line of any highway. The base of any monument sign shall be planted with shrubs and seasonal flowers.
(4) 
Monument. Setbacks shall be a minimum of 10 feet from the property line or 20 feet from the right-of-way of a highway. Each structure shall be permitted one monument sign indicating either the name and/or logo of the structure, the address of the building, or both. These signs shall be located where they are visible from the adjacent street. They shall be monument-based and ground-mounted horizontally, and shall not be raised in the air on poles. They shall not be greater than 12 feet long by three feet high, or four feet long by 10 feet high, excluding the base, which is to be a maximum of two feet in height. The base of any monument sign shall be planted with shrubs and seasonal flowers.
(5) 
All signs permitted in the residential zone.
(6) 
Directional. Directional signs indicating the location and direction of premises available for or in the process of being developed, not erected on the site of said premises, may be erected and maintained, provided that no such sign shall exceed 25 square feet in area. Any such sign shall not be closer to any property line than 20 feet and shall not be greater than 12 feet in height.
(7) 
Banners. Banners shall be permitted, provided that no hazard is created, and an application and application fee as set forth in Chapter 139, Fees, have been submitted and a permit issued for said banner.
(8) 
Wind flags. Wind flags shall be permitted, provided that no hazard is created. Any such wind flag shall be located on the commercial lot and shall not be located in any state, county or municipal right-of-way or sight triangle.
B. 
Number of signs. With regard to wall facade, projecting, pylon, and monument signs, the following limitations shall apply to the number of signs:
(1) 
Standalone businesses situated on a corner lot at the intersection of two public roadways and that are not subject to Subsection B(3) herein and are not located in a shopping center shall be permitted to have two signs of the types described in Subsections A(1) through (4) above provided that both such signs shall not face on the same street. Two of the same types of signs are permitted.
(2) 
Each business located in a shopping center is permitted to have one facade sign, unless the shopping center is on a corner lot, in which case the business in the end unit located on the corner where roadways meet will be permitted two facade signs as long as each sign faces a different public roadway. Shopping centers with less than 1,000 linear feet of frontage are permitted to have one pylon sign for identification of the tenants/businesses on the property. Shopping centers with 1,000 or more feet of linear frontage may have a second pylon sign provided that the signs are more than 500 linear feet apart.
(3) 
Each legally existing business situated in its own free-standing building, and in the HD-1, HD-2, HD-3, HC or SED zones and which have frontage on either Route 9 or Route/Business 33 are permitted to have a total of two signs which must consist of only one of each type of sign set forth in Subsections A(1) through (4) above. A second sign will not be permitted for a property containing a nonconforming use without the necessary variance approval.
(4) 
Any legally existing business that is not located on Route 9 or Route 33 or that is not located on a corner is permitted to have one type of sign set forth in Subsections A(1) through (4) above.
C. 
Standards in business and industrial zones. Unless covered by another provision in this chapter, the following standards shall apply to signs in business and industrial zones:
(1) 
Signs affixed to the exterior of a building shall be architecturally compatible with the style, material, colors and details of the building and other signs used on the site. The design of buildings and sites shall identify locations and sizes for future signs. As tenants install signs, such signs shall be in conformance with an overall sign program and plan that allows for advertising which fits with the architectural character, proportions, and details of the development. The sign program and plan, submitted at the time of application, shall indicate location, size, and general design.
(2) 
The height of a sign in any zone shall not be greater than 50 feet in height, inclusive of the advertising structure.
(3) 
Window signs are permitted on the first floor of the building only. All window signs shall be attached to the inside of the store window and shall not have a total gross advertising area greater than 10% of the principal facade of the ground story or 200 square feet, whichever is less.
(4) 
External spot or floodlighting shall be arranged so that the light source is screened from direct view by passersby, and so that the light is directed against the sign and does not shine into adjacent property or blind motorists and pedestrians.
(5) 
Halo-lit or backlit letters are encouraged for both office and retail use. Such signs convey a subtle and attractive appearance and are very legible under moderate ambient lighting conditions. Face-illuminated letters may be appropriate for retail use.
(6) 
Illumination of individual letter signs by shining light upon them is discouraged for both skyline signs and signs placed high on building walls.
(7) 
Where individual letter signs face nearby residential areas, a low level of brightness shall be maintained. This can be achieved using halo-lit letters.
(8) 
For a banner referred to in Subsection A(4) above, a permit must be issued for it prior to it being erected. Banners may be erected for no more than 45 days prior to the event or function and shall be removed no later than seven days after the event or function. The maximum size of the banner shall be 32 square feet. One banner shall be permitted per event, and banners may be used at a maximum of two events per year at a given location.
(9) 
The height of the wind flag referred to in Subsection A(5) above shall not exceed 12 feet and the width shall not be more than four feet. No more than two wind flags shall be located upon any one lot. An application for installation of each wind flag shall be filed with the Howell Township Code Enforcement Officer and shall include an application fee as set forth in Ch. 139, Fees, for each application filed. Once it is determined that the application is complete, a permit shall be issued for each wind flag. All wind flag permits must be renewed annually.
(10) 
LED/electronic signs and message board are permitted so long as they adhere to all setbacks and dimensional requirements of this chapter. All prohibitions in this chapter shall also apply to LED/electronic signs. LED/electronic signs shall not be permitted to contain animation and shall not change their message faster than every five seconds.
A. 
Height. Under no condition shall any sign in any zone be greater than 45 feet in height, inclusive of the advertising structure.
[Amended 9-21-2010 by Ord. No. O-10-20]
B. 
For purposes of determining distances from property lines, setbacks, or any other dimensional requirements of this chapter, the advertising structure shall conform to all such limitations.
C. 
Illuminated signs. The Code Enforcement Officer or any employee of the Construction Department may permit any sign to be artificially illuminated where the applicant demonstrates that illumination is necessary for the public convenience and welfare and to reasonably convey the advertising message, provided that the actual source of illumination shall be shielded from public view with the exception of neon. Under no circumstances shall a sign be illuminated in any other way set forth under § 256-7 of this chapter.
[Amended 12-20-2005 by Ord. No. O-05-46; 9-21-2010 by Ord. No. O-10-20]
D. 
No sign or structure other than the official highway markers shall be placed within any street or highway right-of-way.
[Added 12-20-2005 by Ord. No. O-05-46]
The following signs or types of signs shall be prohibited in all areas of the Township:
A. 
Signs using red, amber or green lights placed within 100 feet of a light-controlled intersection.
[Amended 2-21-2012 by Ord. No. O-12-02]
B. 
Signs using blinking, flashing, vibrating or flickering lights.
C. 
Signs using reflective material which sparkles, glitters or reflects light in such a manner as to create a traffic hazard.
D. 
Signs or advertising matter of an indecent or obscene nature.
E. 
Signs using wording such as "stop," "look," "danger," which are placed in a manner or position which in the judgment of the Code Enforcement Officer or any employee of the Zoning and Construction Departments of the Township and the Chief of Police interferes with traffic or acts as a traffic hazard.
[Amended 12-20-2005 by Ord. No. O-05-46; 9-21-2010 by Ord. No. O-10-20]
F. 
Any sign which causes confusion with existing governmentally authorized signs.
G. 
Signs obstructing doors, fire escapes or stairways or keeping light or air from windows used for living quarters.
H. 
Flags, banners (except those permitted by § 256-5 above), pinwheels, A-type signs, sandwich-type signs, sidewalk signs, curb signs or similar advertising devices.
[Amended 12-20-2005 by Ord. No. O-05-46]
I. 
Signs on poles maintained by public utilities, or on trees and fences or attached to signs or buildings owned by other persons.
J. 
Any series of two or more signs placed along a street or highway, all carrying a single advertising message, part of which is contained on each sign. This subsection shall not be deemed to apply to "Open House" signs.
[Amended 5-15-2007 by Ord. No. O-07-20]
K. 
Commercial signs and billboards shall not be permitted in the Township of Howell. The continued existence of commercial signs, which were lawfully in existence on date of adoption of this chapter, shall be permitted to continue, provided that they comply with the provisions of N.J.S.A. 54:40-50 et seq.,[1] and further provided that:
[Amended 12-20-2005 by Ord. No. O-05-46; 9-21-2010 by Ord. No. O-10-20]
(1) 
All such signs have been approved by the Code Enforcement Officer or any employee of the Zoning and Construction Departments.
(2) 
All such signs and structures are maintained in a state of good repair and the area in which the signs are located is maintained and kept free of debris by the owner of such sign.
(3) 
A commercial sign or billboard which has been destroyed by fire or other casualty or the relocation of which is required by virtue of a condemnation by a governmental agency or for which permission to locate, at a particular location on a property, has lapsed or been revoked by a landowner, may be relocated, on the property, subject to the following conditions:
(a) 
The relocated sign or signs shall be no larger, in total area nor in any dimension, than the original sign or signs which are replaced nor shall there be an increase in the number of signs.
(b) 
All structural aspects of any relocated sign shall be approved by the Construction Official of the Township.
(c) 
Any relocated sign or signs shall be reviewed and approved by the Planning Board based upon a plan submitted by the person seeking such approval. Said plan shall show the original and proposed locations of said sign or signs, the relationship of the proposed sign to buildings on the premises, highways and streets, the details of the landscaping plan as hereinafter provided and such other information as the Planning Board shall require to assure compliance with Subsection K.
(d) 
Where appropriate, each relocated billboard or sign shall be landscaped with suitable plant materials so as to provide a pleasing visual environment for the sign structure while permitting an unencumbered view of the advertising message. In the event that the relocation of a sign involves the removal of trees or other shrubbery, same shall be permitted but to the extent possible such trees and shrubbery shall be relocated or replaced to minimize the loss of such vegetation on the site.
(e) 
The relocation of signs permitted, on particular properties, under this subsection shall only be permitted in the highway commercial and industrial zones in the Township.
(f) 
Any relocated sign shall be located in such a way as not to obstruct the vision of drivers or pedestrians at intersections of streets or highways with other streets or highways or driveways, accessways, alleys or pedestrian crosswalks, and shall conform to the following:
[1] 
Side and rear yard setbacks shall be equal to the height of the sign but not less than 20 feet.
[2] 
Front yard setbacks shall be equal to the height of the sign plus 15 feet but not less than 35 feet.
[3] 
The height of any sign shall not exceed the maximum building height permitted in the zone.
(g) 
A person seeking a permit to relocate a sign under this subsection shall pay to the Planning Board an application and review fee of $25 for each sign.
[1]
Editor's Note: N.J.S.A. 54:40-50 through 54:40-73 were repealed by L. 1991, c. 413, § 23, effective 1-17-1992.
L. 
Signs with any lighting or control mechanism which may cause radio or television interference.
M. 
No sign or commercial display shall be permitted to be located on any roof or rooftop within the Township of Howell.
[Added 12-20-2005 by Ord. No. O-05-46]
[Amended 12-20-2005 by Ord. No. O-05-46; 9-21-2010 by Ord. No. O-10-20; 2-19-2019 by Ord. No. O-19-5]
Parties may seek relief from the requirements of this chapter by applying for a variance from the Zoning Board of Adjustment, or in the case of an original or amended site plan application, the Planning Board of the Township. Signage that conforms to this chapter and is located on a property with valid site plan approval shall be exempt from site plan requirements and applications can be submitted directly to the Department of Community Development. Nothing in this chapter shall allow for an expansion of signage on a property containing a nonconforming use.
Any sign which lawfully existed prior to the adoption of this chapter and which does not conform to the requirements hereof may be continued; however, such sign shall not be enlarged, relocated or structurally modified other than to bring such sign into greater conformance with the requirements of this chapter, nor may such signs be reconstructed after being dismantled or destroyed by fire or the elements.
[Amended 12-20-2005 by Ord. No. O-05-46]
A. 
Any person or persons or any firm, association or corporation who violates the terms of this chapter, who shall refuse to correct such violations within five days after written notice of such violations has been served upon him either by personal service or certified mail, shall, for each and every violation for which there is a conviction, be subject to a fine of not less than a minimum amount of $200 or more than a maximum amount of $1,000 or imprisonment for not more than 90 days, or both, at the discretion of the court. Each and every day that such violation continues after such notice shall be considered a separate and distinct violation of this chapter.
B. 
Further, in the event that it becomes necessary for the Code Enforcement Officer or any employee of the Zoning and Construction Departments to provide for the removal or destruction of any sign which is dangerous to human life or the public welfare, then the costs of the removal shall be assessed against the premises as a municipal lien in accordance with N.J.S.A. 40:48-1 et seq.
[Amended 9-21-2010 by Ord. No. O-10-20]