[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.
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.
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.
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.
A self-supporting sign connected to the ground and independent
of any other structure, including pylon, pedestal or individual post-type
supports.
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.
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.
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.
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.
Total area devoted to the conveying of the message, exclusive
of the advertising structure.
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.
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.
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.
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:
(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.
The construction of all signs shall be in accordance
with the requirements of the BOCA Code, its amendments and supplements.
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]
