Borough of Franklin Lakes, NJ Article XVI Sign Regulations

§ 300-128 Permitted signs; prohibitions and limitations; permits.

A. Definitions. See Article X § 300-98 for definitions of terms used herein.

B. Districts. For the purposes of this section, the classes of districts set forth in this chapter shall apply to this section, and all changes, amendments, supplements or variations of the zones or districts as now or hereafter adopted in this chapter shall be deemed to change, amend, supplement or vary this section.

C. Permitted signs.

(1) Temporary signs.

(a) Permitted in all districts. The following temporary signs are permitted within any district:

[1] Real estate for-sale signs. One sign per lot is permitted to advertise the sale or rental of the premises upon which it is located by the owner or by a real estate agent or broker. This sign is not to exceed an area of eight square feet and shall be removed seven days after the execution of a contract or the expiration of the listing agreement. In the event the contract is voided or canceled within 60 days, the sign may be placed back on the property without an additional fee. All for sale signs shall be set back at least 15 feet from the curbline and shall not, under any circumstances, block the vision of the driver of an automobile.

[2] Real estate open-house signs. The owner of a single-family residential home which is being offered for sale may erect, in addition to a for-sale sign, an open-house sign. Only one open-house sign will be permitted on the property for sale and shall be placed no sooner than one hour before the beginning of the scheduled open house and removed no later than 5:00 p.m. of the day on which the open house was conducted. Open-house signs shall not be permitted on the paved roadway, and where there is curbing the sign must be placed at least three feet from the curb.

[3] Major subdivision signs. Signs advertising a major subdivision that has received preliminary approval shall not exceed two in number, each on a separate lot of the major subdivision. No sign is to exceed 20 square feet in area. Said signs shall be removed within 90 days after the completion of construction work within the subdivision or within 10 days after the issuance of the last certificate of occupancy, whichever is sooner.

[4] Building under construction. One sign per lot is permitted to identify the work of a builder and all subcontractors on new construction. Said sign shall not exceed six square feet in area and shall be removed within seven days after the completion of construction.

[5] Announcement of future events. One sign per lot is permitted to announce any educational, charitable, civic, religious or like campaign or event, and such sign may be displayed for a consecutive period not to exceed 30 days in any one calendar year. No such sign shall exceed 12 square feet in total area. Said sign may relate to the use of a premises other than that upon which the sign is located.

[6] Grand opening and promotional signs; streamers, flags and pennants. Streamers, flags, pennants, spinners or other similar devices are permitted on the lot occupied by a new business. Such devices are permitted to be displayed at the time of the opening of the new business, and then only for a period of 15 days. In addition, signs promoting an event or special promotion related to the business, which may exceed the restrictions of this article, shall be permitted no more than twice each calendar year, and then only for a period of seven days.

[Amended 6-20-2017 by Ord. No. 1709]

[7] Noncommercial signs. Noncommercial signs as defined by this subsection shall include: political signs or signs expressing an opinion on a noncommercial issue. Said sign shall be permitted under the following conditions:

[Added 9-12-2001 by Ord. No. 1200; amended 7-13-2005 by Ord. No. 1325]

[a] Signs shall not be larger than 15 feet square.

[b] Signs shall not be located closer than 10 feet from the curbline in front of the property on which they are located or, in the event there is no curb, no closer than 10 feet from the edge of the paved roadway.

[c] Signs covered under this section shall not be permitted in the public right-of-way, on public property, on any road right-of-way, road easement, access easement, or county roadway.

(b) Restrictions applicable to all temporary signs:

[1] Said signs may be freestanding or attached to buildings.

[2] Said signs shall not be illuminated.

[3] Permits for the erection and maintenance of signs described herein shall be obtained from the Construction Official.

[4] Signs shall not be permitted on or between telephone poles, trees, utility boxes or other structures within the street right-of-way.

[Amended 6-20-2017 by Ord. No. 1709]

(c) Temporary signs fees and fines. Except for temporary signs permitted in Subsection C(1)(a)[3], [4] and [7] of this section, there shall be a fee of $50 for a permit to erect a temporary sign. There shall be a fine of $200 imposed upon the property owner or the owner's agent or applicant for any violation of the regulations which apply to temporary signs. A fine of $200 shall be imposed for each and every day the violation continues to exist. Permits issued for temporary signs shall be issued for a period not to exceed six months or when the reason for the issuance of the permit no longer exists or is otherwise described herein, whichever is shorter.

[Amended 5-18-2010 by Ord. No. 1479; 6-20-2017 by Ord. No. 1709; 6-15-2021 by Ord. No. 1840]

(2) Permanent signs. The following permanent signs are permitted within the zones specified. The signs shall not violate any of the limitations or prohibitions set forth in Subsection E hereof. Permits for the erection and maintenance of these signs, when required, shall be secured pursuant to this section.

(a) Permitted signs in all zones. The following signs are allowable in all zones where they apply to a permitted use:

[1] Official signs of any governmental agency. Such signs maybe freestanding or attached.

[2] One professional nameplate not to exceed 180 inches per professional occupant. Such sign shall not be freestanding.

[3] One directory sign listing the users of the property, provided that four or more users have an allowed use of the property. Such sign may be freestanding or attached and shall not exceed 20 square feet in area.

[4] One bulletin board or sign not exceeding 20 square feet in area for a religious or charitable institution, when located upon the premises of the institution. Such sign may be freestanding or attached.

[5] One attached sign indicating the name of a building or the date of its erection when cut into any masonry surface or when constructed of bronze or other incombustible material and mounted on the building surface, not to exceed eight square feet in area.

[6] Such signs as required by law, that is, licenses and permits, which signs shall not be freestanding.

[7] One sign identifying a hospital, nursing home, school, golf course, rectory, etc. The sign shall not exceed 20 square feet in area and may be freestanding or attached.

[8] Noncommercial signs. Noncommercial signs shall include political signs, or any sign expressing an opinion on a noncommercial issue. Commercial signs which are not permitted, except as otherwise provided for, shall include, but not be limited to, any signs which offer, suggest, or discuss, directly or indirectly, any type of commercial transaction or activity. Said noncommercial signs shall be permitted under the following conditions:

[Added 4-12-2006 by Ord. No. 1343]

[a] Signs shall not be larger than 15 square feet in all residential zones, and not larger than 100 square feet in all other zones.

[b] Signs shall not be located closer than 10 feet to the curbline in front of the property on which they are located, or in the event there is no curb, no closer than 10 feet to the edge of the paved roadway in residential zones. In all other zones the requirement shall be 20 feet, or further if it is determined that the location of the sign interferes with roadway safety.

[c] Signs covered under this subsection shall not be permitted in the public right-of-way, on public property, or any road right-of-way, road easement, access easement, or county roadway.

[d] Noncommercial signs are not required to relate to or apply to a permitted use on the property.

[e] Wherever and whenever commercial signs are permitted in any zone, noncommercial signs shall be permitted to the same extent and under the same circumstances.

[f] In commercial zones, two noncommercial signs shall be permitted for the first 1/2 acre, and one noncommercial sign for every additional 1/2 acre. Noncommercial signs shall not be located closer than 25 feet to the sideline, and shall not be higher than the highest building existing on the property, and in the event there is no building or structure existing on the property, no higher than 25 feet.

(b) Permitted signs in single-family residential districts. The following signs, to the total maximum of two signs regardless of characterization in Subsection C(2)(b)(2), (3) and (4) hereof, are allowable in all residential districts, where they apply to a permitted use:

[Amended 11-1-2011 by Ord. No. 1529; 5-15-2012 by Ord. No. 1545; 4-16-2019 by Ord. No. 1781]

[1] Those permitted in Subsection C(2)(a) above, where applicable.

[2] One nameplate sign bearing only the name of the principal occupant and/or street number of a private dwelling, not to exceed 180 square inches in area.

[3] One sign advertising a use (farms and roadside stands) permitted in residential districts, provided that such sign is located on the same premises as the use it advertises and does not exceed eight square feet in area.

[4] One sign identifying an incidental home occupation, as permitted by this chapter, bearing only the name of the person residing on the premises and the permitted incidental home occupation being conducted there. The sign shall not exceed 180 square inches in area.

[5] Freestanding signs identifying residential areas. Such signs shall show only the name assigned to the area and shall not exceed six square feet in area.

[6] No illuminated signs shall be permitted in residential districts, with the exception of houses of worship and educational facilities. Said signs shall conform to the lighting and illumination standards as set forth by the Borough; however, no illuminated LED signs, flashing or static, shall be permitted.

[7] Houses of worship or educational facilities are permitted one sign advertising the use to which it advertises, and which does not exceed eight square feet in area.

(c) Permitted signs in Retail Business Districts. The following signs are allowable in any Retail Business District:

[Amended 4-5-2016 by Ord. No. 1668]

[1] Those permitted in Subsection C(2)(a) above, where applicable.

[2] Attached signs in the RB-1 District.

[a] One attached sign for the purpose of identification and advertising each tenant. The area of the sign shall not exceed an area equivalent to 10% of the total area of the front facade devoted to each tenant or 24 square feet, whichever is larger, as a minimum, but in no event shall any sign exceed 100 square feet. Where the rear of the building or portion of the building occupied has a public entrance from a street or public parking lot, there shall be permitted an additional rear sign not exceeding an area equal to 5% of the front facade, but in any case not exceeding 50 square feet. Where the side of a building or portion of an occupied building abuts a public street, there shall be permitted an additional sign having a total area equal to 5% of the front facade, but shall not exceed 50 square feet. Where any additional use shall occupy the second floor of any premises (exclusive of the first floor), additional front and, where applicable, side and rear signs shall be permitted to be attached to or otherwise painted or represented on the second floor, such additional signs to be separate and apart from ground floor signs and limited in area in the same manner as pertains to the ground floor. No sign shall project above the parapet of the building.

[3] Attached signs in the RB-2 District.

[a] One attached sign for the purpose of identification and advertising each tenant. The area of the sign shall not exceed an area equivalent to 10% of the total area of the front facade devoted to each tenant or 24 square feet, whichever is larger, as a minimum, but in no event shall any sign exceed 100 square feet. All signs shall face Franklin Avenue unless specifically authorized otherwise. An attached sign may face the interior of the site if a tenant does not have floor area along the Franklin Avenue frontage of the building. Signs shall not face Colonial Road. Where the rear of the building or portion of the building has a primary public entrance for one or more tenants from a parking lot, there shall be permitted one additional rear sign not exceeding an area equal to 5% of the front facade, but in any case not exceeding 50 square feet. Where any additional use shall occupy the second floor of any premises (exclusive of the first floor aside from an entry area), an additional front sign shall be permitted to be attached to or otherwise painted or represented on the second floor, such additional signs to be separate and apart from ground floor signs and limited in area in the same manner as pertains to the ground floor. No sign shall project above the parapet of the building.

[4] The following standards shall apply to any attached sign:

[a] No attached sign which faces a residential use or district may be illuminated.

[b] Attached signs in the RB-2 District may be internally or externally illuminated.

[c] Internally illuminated signs may not exceed a maximum luminance level of 750 cd/m² or Nits, regardless of the method of illumination.

[d] Signs that have external illumination, whether the lighting is mounted above or below the sign face or panel, shall have lighting fixtures or luminaires that are fully shielded.

[5] Freestanding signs.

[a] RB-1 District: One freestanding sign on the premises to advertise the name of a shopping center. The sign shall not advertise the name or names of any tenant or occupant and shall not exceed 30 square feet in area.

[b] RB-2 District: One freestanding sign per street frontage.

[i] Colonial Road frontage. One sign may be oriented toward Franklin Avenue. The maximum area of the sign structure shall be 80 square feet. The maximum area of the sign panel affixed to the sign structure shall be 50 square feet. The maximum height of the sign structure shall be eight feet.

[ii] Franklin Avenue frontage. A maximum of one sign may be oriented toward any secondary street frontage. The maximum area of the sign structure shall be 60 square feet. The maximum area of the sign panel affixed to the sign structure shall be 30 square feet. The maximum height of the sign structure shall be six feet.

[iii] Signs shall be externally illuminated.

[c] Sign structure materials shall be the same or complementary to materials of the principal building.

[d] Internally illuminated signs may not exceed a maximum luminance level of 750 cd/m² or Nits, regardless of the method of illumination.

[e] Signs that have external illumination, whether the lighting is mounted above or below the sign face or panel, shall have lighting fixtures or luminaires that are fully shielded and shall produce no glare from neighboring properties or passing motorists.

[6] Directory signs in the RB-2 District only. A maximum of one directory sign may be attached to a building in proximity to a secondary building entrance that does not face Franklin Avenue. The maximum area of the sign panel shall be 12 square feet.

[7] Miscellaneous signs in the RB-1 District only.

[a] Signs commonly referred to as barber poles, when used to indicate the location of a barbershop. These signs may be freestanding or attached.

[b] The following signs, customary and necessary to the operation of filling and service stations:

[i] Lettering on buildings displayed over an individual entrance door, consisting of the words "washing," "lubrication," "repairing," or other words of similar import, provided that there shall be not more than one such sign over each entrance and that the letters shall not exceed six inches in height;

[ii] Lettering or other insignia which are a structural part of a gasoline pump, consisting only of a brand name, lead warning sign and other signs as required by law;

[iii] A credit card sign not exceeding two square feet in area, affixed to the building or permanent sign structure of the sign next referred to;

[iv] One sign bearing the brand or trade name of the station, of a design specified by the manufacturer, permanently affixed to the building or freestanding, the sign not to exceed 30 square feet in area and not to exceed 18 feet in height overall; and

[v] A trading stamp sign not to exceed two square feet in area.

(d) Permitted signs in Limited Business and Recreation-Residential Districts. The following signs are allowable in any Limited Business and Recreation-Residential Districts:

[1] Those permitted in Subsection C(2)(a) above, where applicable.

[2] One attached sign for the purpose of identification of the premises. The area of the sign shall be no greater than 10% of the total area of the front facade, but shall not exceed 50 square feet. As an alternative, one freestanding sign may be erected not exceeding 24 square feet in area.

[Amended 7-21-2015 by Ord. No. 1635]

(e) Permitted signs in Industrial Districts.

[1] Those permitted in Subsection C(2)(a) above, where applicable.

[2] Such signs as are permitted in Retail Business 1 RB-1 Districts in accordance with Subsection C(2)(c) above, except that no single sign shall have an area of more than 50 square feet.

[Amended 4-5-2016 by Ord. No. 1668]

(f) Permitted signs in OB-RL District. In the OB-RL District, no sign shall be erected, placed or used except as herein expressly permitted.

[1] Permitted signs. Signs displayed on any lot shall be limited to those utilized for identification of the complex; identification of and/or direction to the building in which a tenants' premises are located; identification of and/or direction to specific parking lots or portions thereof utilized by specific tenants of the complex; and for directional or safety purposes.

[2] The following signs are permitted:

[a] A maximum of two freestanding signs containing the name of the complex, subject to the following regulations:

[i] No sign shall be closer than 100 feet to the entrance to the complex.

[ii] There shall be a maximum of two freestanding complex identification signs with a maximum area of 50 square feet in a maximum length of 10 feet. Said signs shall only contain the name of the complex and shall not be located any closer than 20 feet to the property line.

[b] Freestanding tenant identification signs within the complex, subject to the following regulations:

[i] The maximum area of each sign shall be 45 square feet with a maximum length of five feet.

[ii] The total number of such identification signs within the complex shall not exceed 15.

[iii] signs shall not be located closer than 100 feet to the property line.

[c] Two freestanding directional signs shall be permitted. Said signs shall not be located any closer than 100 feet from the property line.

[i] Where a freestanding sign is permitted only the name of the complex is permitted, and such sign shall be parallel to the front street property line. The area of the sign shall not be over 50 square feet, and in no case shall the length of the sign exceed 10 feet.

[ii] Retail and personal uses designed to serve the other principal permitted uses on the site shall not be permitted to advertise on the freestanding sign.

[iii] The height of any sign as permitted by this subsection shall not exceed 10 feet above finished grade.

[iv] For the purpose of administering this subsection, the height of a freestanding sign shall be the greatest vertical height of the background upon which the lettering, illustration or display is presented, including any base support or frame.

[v] The only lighting permitted to illuminate a freestanding sign is where direct source of light is not visible from any street or residential zone district.

[vi] Additional freestanding signs indicating the location of and/or direction to the parking lot or specific area within a parking lot utilized by each tenant or for safety purposes are permitted anywhere within the complex, subject to the following regulations:

[A] Site plan approval shall be required with respect to the specific locations of individual signs.

[B] The signs shall not be located closer than 100 feet to the property line.

[C] The sign may contain the name of one or more tenants and shall contain the word "entrance," "exit," "one-way," or similar directions or directions to specific parking lots or parking areas within lots only.

[D] The sign shall not exceed 27 inches in length nor 36 inches in height.

[E] The top of the sign shall not be higher than 60 inches from the ground at the base of the sign.

[F] Any lighting other than shielded floodlights or spotlights shall only be permitted if it is interior white diffused.

(g) In the HOB-RL District, no sign shall be erected, placed or used except as herein expressly permitted.

[1] No advertising, other than identification, shall be permitted, nor shall any base support be used for lettering, symbols or other advertising devices.

[2] Signs displayed in the windows of any structure in any HOB-RL District are specifically prohibited.

[3] Permitted signs:

[a] Flat signs attached to the building or freestanding signs in the area at the front of the building at a location approved by the Planning Board between the building and the access roadway are permitted, provided that such signs shall provide the name of the occupant of the building and identifying each of the offices of the occupant located in that building.

[b] One directory sign shall be permitted at each public entrance road. Such sign shall allow for the name of the occupant of the entire lot on a panel at the top of the sign not to exceed one foot by eight feet. Each of the occupants of the various buildings may be listed on the sign in a space not to exceed six inches high by four feet wide. Any such sign shall be set back a minimum distance of 10 feet from any street line, accessway or lot line.

[c] Neither the horizontal nor vertical dimension of any sign shall exceed 10 feet.

[d] Illuminated nonflashing signs are permitted. Floodlights, where used, shall be permitted only where the direct source of light is shielded in such a manner that it is not visible from any street or adjoining residential property.

[e] Not more than two freestanding signs are permitted, and then only in the buffer strip, but in no case closer than 20 feet to the property line.

[f] Where a freestanding sign as permitted by this subsection is parallel to the front street property line, the area of the sign shall not be over 50 square feet, and in no case shall the length of the sign exceed 10 feet.

[g] The height of any freestanding sign shall not exceed 10 feet above finished grade.

[h] For the purpose of administering this subsection, the height of a freestanding sign shall be the greatest vertical height of the background upon which the lettering, illustration or display is presented, including any base supporter frame.

[i] Notwithstanding the foregoing subsections, freestanding signs necessary for directional or safety purposes on the property are permitted anywhere within the front yard, provided that site plan approval is obtained from the Planning Board, and further provided that all of the following requirements are complied with:

[i] The sign shall contain the word "entrance," "exit," "one-way," or similar directions only.

[ii] The sign shall not exceed 27 inches in length nor 12 inches in height.

[iii] The top of the sign shall not be higher than 60 inches from the ground at the base of the sign.

[j] Notwithstanding the foregoing, all appropriate direction traffic, pedestrian safety, emergency evacuation, parking instructions, locational information and identification signs not visible from public streets or adjacent properties are permitted.

[Added 2-15-2011 by Ord. No. 1512]

(h) Permitted signs in AHO Districts. No sign shall be erected, placed or used except as herein expressly permitted.

[Added 4-16-2019 by Ord. No. 1781]

[1] Freestanding signs.

[a] One freestanding sign shall be permitted.

[b] For residential developments, the maximum sign area shall be 20 square feet.

[c] For mixed-use developments, the maximum sign area shall be 30 feet.

[d] The maximum height shall be four feet.

[e] The minimum setback to all rights-of-way, lot lines and buildings shall be 10 feet. Signs shall not be located within sight triangles.

[f] Sign structure materials shall be the same or complementary to materials of the principal building.

[g] Internally illuminated signs are prohibited.

[h] Signs that have external illumination, whether the lighting is mounted above or below the sign face or panel, shall have lighting fixtures or luminaires that are fully shielded and shall produce no glare from neighboring properties or passing motorists.

[2] Attached signs for nonresidential uses shall be consistent with standards for the RB-1 District.

(3) Window signs. The area of window signs, as defined in § 300-98 hereof, shall not exceed 30% of the aggregate window area of all windows on the facade of the business that is posting the window sign. The area of civic or charitable organization signs, open and/or closed signs, and one credit card sign per credit card shall not be included in the thirty-percent coverage limitation.

[Added 6-20-2017 by Ord. No. 1709]

D. Lighting and illumination.

[Amended 11-1-2011 by Ord. No. 1529]

(1) No illuminated signs shall be permitted in residential districts.

(2) Temporary signs shall not be illuminated.

(3) Any permanent sign permitted by the provisions of this subsection may be illuminated, subject to the following limitations:

(a) No flashing, blinking, fluctuating, scrolling or intermittent illumination shall be permitted.

(b) No animation effects, including sequential display messages, shall be permitted.

(c) No action or moving illumination shall be permitted.

(d) No illumination is permitted which may cause confusion or interference with traffic control signs or lights of emergency vehicles.

(e) No illumination is permitted which shall cause interference with radio or television signals.

(f) Illumination sources shall be shielded to prevent the extension of glare beyond the lot lines and beyond curbing or road edges adjacent to the property.

(4) The provisions of this Subsection D shall pertain to all forms of illuminated signs, including, but not limited to, electronic changeable-copy signs, digital signs, electronic message centers, on-premises digital display signs which can be observed by vehicular drivers, systems using light-emitting diodes, and neon signs.

(5) "Electronic changeable-copy sign" shall be defined for purposes of this chapter as a sign or portion thereof that displays electronic, nonpictorial, text information in which each alphanumeric character, graphic or symbol is defined by a small number of matrix elements using different combinations of light-emitting diodes (LEDs), fiber optics, light bulbs or other illumination devices within the display area. Electronic changeable-copy signs include computer-programmable, microprocessor-controlled electronic displays, but shall not include time-and-temperature signs. For electronic changeable-copy signs:

(a) All portions of the sign must use an amber color;

(b) All portions of the sign must have a minimum duration of one hour and must be a static display; and

(c) The sign must be equipped with automatic dimming technology, which automatically adjusts the sign's brightness in accordance with ambient light, and which shall limit the lighting level to no more than 0.3 footcandle over ambient levels, as measured using a footcandle meter at a distance of 100 feet.

E. Prohibitions. The following prohibitions and limitations apply to all signs permitted under this subsection:

(1) No sign shall be located or displayed upon any sidewalk or public right-of-way.

(2) No sign shall be permitted on the surface of any principal roof, and no sign shall project above the parapet or roof ridge.

(3) Attached signs shall not project beyond 12 inches from the exterior surface of any building.

(4) No sign shall be, in whole or part, moving, mobile or revolving, except for signs commonly known as barber poles, ordinarily and customarily used in connection with barbershops.

(5) Strings of streamers, flaps, pennants, spinners or other similar devices strung across, upon, over or along any premises or building, whether as a part of any sign or not, shall not be allowed except as specifically permitted herein.

(6) No sign shall be placed or displayed in any manner which will interfere with traffic or traffic control signs and signals.

(7) Except as specifically permitted by this subsection, no sign shall be permitted where the notice, advertisement or other medium to be presented relates to the use of premises other than that upon which the sign is located.

(8) Permitted advertising signs shall be removed within 30 days after the cessation of the activity of business which the sign advertises, except as specifically provided herein.

(9) (Reserved)[1]

[1] Editor's Note: Former Subsection E(9), pertaining to billboards, was repealed 7-13-2005 by Ord. No. 1325.

(10) No freestanding signs shall be permitted except as specifically allowed by this section.

(11) No political signs, posters or pictures shall be displayed outdoors on any building, premises, utility pole or other structure.

F. Unsafe signs. If the Code Enforcement Official, in his opinion, shall find that any sign is unsafe or insecure or is a menace to the public, he shall give written notice to the owner, agent or person having the beneficial use of the premises upon which such sign may be erected. If such owner, agent or person fails to remove or alter the sign so as to comply with the standards herein set forth within 10 days after such notice, such sign or other advertising structure may be removed or altered to comply with the Code Enforcement Official at the expense of the owner, agent or person having the beneficial use of the premises. The Code Enforcement Official may cause any sign or other advertising structure which is an immediate peril to person or property to be removed summarily and without notice. In either event the owner, agent or other person interested in the sign shall save the Code Enforcement Official harmless and free from liability for damage to the sign.

[Amended 2-21-2017 by Ord. No. 1697]

G. Permit procedure.

(1) Sign permit required. With the exception of signs specified in Subsection C(2)(a)[1], [5] and [6] and temporary signs affixed to the interior side of a window, it shall be unlawful for any person to erect or relocate any sign within the Borough without first obtaining a sign erection permit from the Code Enforcement Official. The Code Enforcement Official shall issue permits only for such signs as are specifically allowed for the particular premises and district by the provisions of this chapter which govern.

[Amended 2-21-2017 by Ord. No. 1697]

(2) Application. Application for a sign erection permit shall be made on blanks provided by the Code Enforcement Official, in triplicate, and shall contain or have attached the following information:

[Amended 2-21-2017 by Ord. No. 1697]

(a) Name, address and telephone number of the applicant and owner of the premises.

(b) Location of premises where the sign is to be located.

(c) Position of the sign indicating its relation to the premises and adjoining premises and roadways.

(d) Blueprints or ink drawings of the plans and specification and method of erection and attachment to the premises, or a photograph of the actual sign in lieu thereof, and such information as the Construction Officer may reasonably require to indicate the work to be performed and to show full compliance with this chapter or all other relevant and applicable laws and ordinances of the Borough.

(e) Name of person to perform the work.

(f) Written consent of the owner and lessor of the premises.

(g) The electrical permit, if any, required by ordinances of the Borough.

(3) Permit issued if application is in order. It shall be the duty of the Code Enforcement Official, upon the filing of an application for a sign erection permit, to examine such plans and specifications and other data and the premises upon which it is proposed to erect the sign, and if it shall appear that the proposed structure is in compliance with all requirements of this chapter and all other laws and ordinances of the Borough, he shall then issue the sign erection permit and corresponding sign identification number. When the sign has been erected, the sign identification number shall be affixed to the sign in such a conspicuous position and location, as determined by the Code Enforcement Official, that the number can be readily observed and identified by the Code Enforcement Official. In addition to the sign identification number, the date of expiration of the permit shall appear on all temporary signs in the same manner. If the work authorized under an erection permit has not been completed within six months after the date of its issuance, the permit shall become null and void.

[Amended 2-21-2017 by Ord. No. 1697]

(4) Application fees. With the exception of those signs listed in Subsection G(5) below, the application fees are as set forth herein. For the purpose of setting the applicable fee, the streamers, flags, pennants, etc., allowed under this chapter for a one-time use shall be considered to have a total area of six square feet.

(5) Exemptions from application fees. The following signs are exempt from application fees:

(a) Signs of governmental agencies; bulletin boards of religious or charitable institutions; attached signs indicating the name of a building or its date of erection when cut into any masonry surface or when constructed of bronze or other incombustible material and mounted on the building surface and not exceeding eight square feet in area; and residential nameplates not exceeding 180 inches.

(b) Signs showing evidence of membership in retail, professional, manufacturing or credit associations.

(c) Legally required licenses.

(d) Signs of a temporary nature affixed to the interior side of a window.

H. Enforcement. This subsection shall be enforced by the Code Enforcement Official.

[Amended 2-21-2017 by Ord. No. 1697]

I. False advertising. It shall be unlawful for any person to erect, locate, relocate or maintain any sign which falsely identifies the premises or occupant of the premises or which falsely advertises for sale on any premises any product no longer available therein, and a violation of this subsection shall subject the violator to the penalty provision of this chapter.

J. For each and every violation of the provisions of this section, the owner, lessor, lessee, occupant, sign erector, contractor or other person interested in the premises upon which the violation has been committed and who refuses to abate the violation within 10 days after written notice has been served upon him by regular mail or personally shall, upon conviction, be subject to the penalties as provided in § 300-40A of this chapter; except that violations pertaining to temporary signs shall be as set forth in § 128C(1)(c).

[Amended 7-21-2015 by Ord. No. 1635]

K. Severability. In the event that a court of competent jurisdiction declares any part of this ordinance, or any part of § 300-128 of the Borough Code, unenforceable for constitutional or other reasons, the remaining portions of this ordinance and § 300-128 of the Borough Code shall remain enforceable and in full force and effect.

[Added 4-12-2006 by Ord. No. 1343]