Public Township Council Meeting — Packet

DRAFT PROPOSED REVISIONS – OCTOBER 2011 than twenty (20) feet or shall be at least fifty (50) feet from the side of any street or driveway intersection. d. The following signs are prohibited in all zones: 1. A flashing, blinking, twinkling, animated or moving sign of any type, other than an electrically activated changeable sign as regulated by Section 25-15.4q. 2. Signs with any lighting or control mechanism which may cause radio or television interference. 3. Any sign so erected, constructed or maintained as to obstruct or be attached to any fire escape, window, door, or opening used as a means of egress or ingress or for fire fightingfirefighting purposes, or placed so as to interfere with any opening required for legal ventilation. 4. Any sign which is such a form, character, or shape as to confuse or dangerously distract the attention of the operator of a motor vehicle. 5. Signs which in any way simulate official, functional, directional, or warning signs erected or maintained by the State of New Jersey, County or Municipality thereof, or by any railroad, or public utility or similar agency concerned with the protection of public health, safety, or welfare. 6. Any sign located on a lot other than the lot occupied by the primary use, event, or product which the sign advertises. 7. Any sign attached to or painted on trees, fences, utility poles, rocks, curbs, walks, lamps, hydrants or bridges. 8. Any sign that obstructs driving vision, traffic signals, traffic, directional and identification signs, other places of business or other signs. Obstruction is to be determined by the line of sight for three hundred (300) feet, from a height of four (4) to ten (10) feet, oriented from the stop line of any intersection of streets and/or driveways. e. Every sign permitted in this section must be constructed of durable material and must be kept in good condition and repair. All free-standing signs either permanent or temporary in nature, must be anchored in the ground. f. In order that no sign may be injurious to public interest or endanger the interest of public safety or morals, all unlicensed signs shall be removed upon receipt of written

ed in the ground. f. In order that no sign may be injurious to public interest or endanger the interest of public safety or morals, all unlicensed signs shall be removed upon receipt of written or hand- delivered notice of violation served by the Zoning Officer to the landowner or lessor or lessee of the sign. Such violations shall be discontinued immediately. g. No sign shall be illuminated between the hours of 10:00 p.m. and 7:00 a.m. the following morning, unless the business or use so advertised is open to the public later than 10:00 p.m., in which event any such establishment may keep the sign illuminated until the business is closed to the public, but not thereafter. This prohibition shall not apply to an electrically activated changeable sign as regulated by Section 25-15.4q h. No sign shall be erected, containing information on it which states or implies that a property may be used for any purpose not permitted under the provisions of the Township Zoning Ordinance in the zoning district in which the property to which the sign relates is located. i. All signs shall be permanently fixed to the ground or attached to a building or structure in a manner conforming to the Township Building Code. j. All freestanding and monument signs that either exceed six (6) square feet in area or exceed fifty ($50.00) dollars in cost shall require a building permit. 78

DRAFT PROPOSED REVISIONS – OCTOBER 2011 k. Signs advertising a use no longer in existence or a product no longer available shall be promptly removed. l. No portion of an awning or canopy or its sign may extend below six and a half (6.5) feet when extended or retracted, and may not extend more than six (6) feet from the building line when open. An awning or canopy sign may not exceed eight (8) inches in height, but may run the entire length of the allowable edge. m. A projecting sign shall not project out more than four (4) feet and may have an area of not more than nine (9) square feet. In addition, it is to have a minimum distance of eight (8) feet from the ground surface to the bottom edge of the sign or its frame. n. Marquee signs shall not exceed eight (8) inches in height, or be positioned less than six and a half (6.5) feet above the ground surface. o. Signs advertising work performed by a contractor shall be removed within seven (7) days of the substantial completion of the work performed. (Ord. No. 904-88 § 25-5.9D; Ord. No. 2101-06 § II) p. Manually activated changeable signs shall be permitted as part of a permitted sign for a public or private school or house of worship. q. Electrically activated changeable signs shall only be permitted as part of a permitted freestanding sign in a business zone, which sign is located along a lot frontage abutting a State or County road. 25-15.5 Permits. It shall be unlawful for any person, firm, or corporation to erect, alter, relocate, or maintain within the Township any sign as set forth and defined in this chapter, except those exempted, without first making application for and obtaining annually a permit from the Zoning Officer which shall be in addition to any other licenses or permits which may be required by other ordinances. This chapter shall also apply to any sign in position or used after its amortization period has terminated. Comment [PG65]: sign amortization requirements not legal a. Applications for permits shall be made on forms supplied by the Township and shall contain the following information: 1. Name, address, and telephone number of the

nts not legal a. Applications for permits shall be made on forms supplied by the Township and shall contain the following information: 1. Name, address, and telephone number of the applicant and the sign erector. 2. Location of the building, structure, or lot to which the sign is or is to be attached or erected. 3. Position of the sign in relation to nearby buildings or structures. 4. Name of person, firm, corporation, or association erecting the sign if new construction. 5. Name of owner of property on which sign is located and written consent of owner if other than applicant. 6. Scale drawing of the sign, showing all details, including message, color, lighting, structural design, and anchorage. 7. Such other information as the Zoning Officer shall require to show full compliance with this and all other ordinances of the Township. b. Procedure. The Zoning Officer, upon receipt of an application, shall examine or cause to be examined, the application and, when necessary, examine, or cause to be examined, the lands and/or premises upon which the sign is erected or proposed to be erected, replaced, or altered as to change the dimensions or information displayed, and determine whether the structure or proposed structure is in compliance with all of the requirements of this chapter and all other laws and ordinances of the Township. The Zoning Officer's determination shall be noted 79

DRAFT PROPOSED REVISIONS – OCTOBER 2011 in the application. If the determination is favorable, a permit will be issued; if the determination is unfavorable, the application shall be rejected. Signs requiring a building permit under this section, or any other ordinance or law of the Township, shall not be issued a sign permit until the requirements for a building permit(s) have been met. c. Temporary Signs: Applications and Procedure. Applications for temporary sign permits shall be made by the fee owner or lease holder of the land on which the sign will be located and the application shall be deemed to grant permission to the Township to enter upon the applicant's land and remove the sign if, upon five (5) days notice by ordinary mail that the permit has expired, the applicant has failed to remove same. The application for permit shall be made on Township forms and shall contain the same information required of all permits, except in addition, shall also require a deposit of one ($1.00) dollar per square foot of sign. The deposit shall be held by the Township until the sign is removed, at which time it shall be returned to the applicant. The Township may use the deposit in order to cover the cost of removing the sign should the applicant fail to do so when the permit expires. Use of the deposit will not limit the Township's ability to use other legal means to recover costs above and beyond the deposited amount. d. Fees and Expirations. The fee for permits issued hereunder for new signs shall be twenty-five ($0.25) cents per square foot of surface area of the sign with a minimum of five ($5.00) dollars and a maximum of fifty ($50.00) dollars per sign. The annual renewal fee shall be ten ($10.00) dollars per sign. All permits issued hereunder shall expire in the following year on the last of the month preceding date of its issuance but shall be renewed upon due application and the payment of the renewal fee unless the provisions hereof or other applicable Township ordinances have been or are being violated. Permits may be revoked by the Township Council upon hearing after due notice, for failure to comply continuously with the provisions hereof and all other applicable Township ordinances and regulations.

upon hearing after due notice, for failure to comply continuously with the provisions hereof and all other applicable Township ordinances and regulations. Comment [PG66]: onerous regulations e. Computation of Sizes and Signs. 1. In Residential and other Non-Corporate, Non-Business, and Non-Industrial Zones, the size of any sign for the purposes of determining its compliance with the provisions of this chapter shall be computed by multiplying its greatest height by its greatest length, exclusive of supporting structures, unless such supporting structure is illuminated or is in the form of a symbol or contain advertising copy. 2. In Business, Shopping Center, Industrial, and Corporate Zones, the size of any sign shall be computed by multiplying its greatest height by its greatest length, exclusive of supporting structures, unless such supporting structure is illuminated or is in the form of a symbol or contains advertising copy, but for the purpose of making such determination, the applicant may block off portions of the sign into not more than three (3) rectangles in order to exclude large areas of open space caused by the peculiar design or shape of that symbol, copy or structure. 3. Multiple-side signs carrying the same message on all sides shall be considered to be a size equivalent to the sum of all the sides/signs, except that a two-sided sign with identical information on both sides of the sign shall only have one side included in the calculation of sign area. (Ord. No. 904-88 § 25-5.9E; Ord. No. 940-88) 25-15.6 Nonconforming Signs. a. It is the intent of this chapter that, as expeditiously as possible, all existing signs not conforming to the provisions of this chapter be eliminated or brought to conform with this chapter. 80

DRAFT PROPOSED REVISIONS – OCTOBER 2011 b. Any signs existing at the time of the passage of this section which violate any provisions thereof shall be deemed a nonconforming sign and may be continued, maintained and repaired upon the present premises or location; provided that such sign was lawful under any prior ordinance and that required permits and inspections were obtained. c. Upon abandonment of a nonconforming sign by the existing owner or lessee, said sign must be removed within 30 days by the landlord or tenant. Therefore, all signs presently within the Township must conform to this chapter or be removed within the amortization period herein provided. In the event that an existing prior nonconforming sign is altered or proposed to be altered, the sign must either be brought to conform with this chapter or removed immediately. An alteration will include: 1. Change of ownership. 2. Change of size or configuration of sign. 3. Reconstruction after destruction by fire, storm or other calamity. All owners of nonconforming signs will be notified that their signs are nonconforming, and of the terms of this amendment. b. After five (5) years of passage of this chapter, all non-conforming signs will be deemed to have returned the investment of the owner, and being incompatible with the purposes and intents of this chapter, must either conform to this chapter or be removed at the owner's expense. (Ord. No. 904-88 § 25-5.9F) Comment [PG67]: sign amortization requirements not legal 25-15.7 Design and Site Location Review. a. Any sign which requires a building permit shall be subject to the provisions of design and site location review by the Planning Board, except that temporary signs otherwise permitted under this chapter may be erected at the risk of the permittee prior to such review and approval. In such cases, a permit shall first be secured from the Township Construction Official, provided that the application shall subsequently be subject to review, approval, or disapproval by the Planning Board in accordance with its building permit procedure stated on such permit. b. Any

provided that the application shall subsequently be subject to review, approval, or disapproval by the Planning Board in accordance with its building permit procedure stated on such permit. b. Any sign which requires a building permit and is erected or altered within the Main Street/Valley Corridor shall be subject to review and approval by the Main Street Development Corporation, or their duly elected representatives. (Ord. No. 904-88 § 25-5.9G) Comment [PG68]: outdated regulation 25-15.8 Exceptions. This chapter does not apply to any sign which is not visible to motorists or pedestrians on any public highway, street, or alley, nor to any specific information panel for the direction of motorists which may be located, under authority of any Statute, on any highway property of the State of New Jersey, its subdivisions, or the Federal Government. (Ord. No. 904-88 § 25-5.10H) 25-16 FACADE DESIGN STANDARDS. 25-16.1 Statement of Purpose. The aesthetic value of the Main Street/Valley CorridorCentral Business District is especially important to the historic, economic, social and viability of the Township as a whole. Although public initiative is an important incentive for rehabilitation, private investment development is the key for redeveloping the Main Street Corridor and Valley areas to reflect what is unique about West Orange. 81

DRAFT PROPOSED REVISIONS – OCTOBER 2011 The amount of interest and variety of private development requires organization and a structured approach. A coordinated effort produces better results more efficiently. (Ord. No. 904-88 § 25-5.10A) 25-16.2 Identity. West Orange has a unique multi-nodal downtown with five (5) distinct sections, the Valley, St. Mark's area, Edison, Tory Corner and the Lourdes. This area is designated as the Community Conservation Overlay Zone and is delineated as such on a map that is included as part of this chapter. Each of these areas is represented by a landmark or collection of uses that have served to identify the area in history. The Valley and Main Street areas are separated by Highway 280 and are perceived as being more distinctly separated than the Main Street areas. The important point to consider is that the downtown stores form a single business community which is characterized by a single identity. If stores have a poor reputation, it affects consumer attitudes toward all of downtown. (Ord. No. 904-88 § 25-5.10B) Comment [PG69]: unnecessary 25-16.3 Cooperative Spirit. In shopping and specialty centers across the country, private development is strictly controlled to everyone's advantage. Downtown West Orange has no such mandate for strict control, but rather seeks to join in with a cooperative spirit. This cooperative spirit is developed through a public/private partnership and is best utilized to understand what is mutually advantageous, and to build a dynamic and coordinated downtown. This alliance of property owners with clear team spirit is essential to success. (Ord. No. 904-88 § 25-5.10C) 25-16.4 Aesthetics. Historical perspective, a building's relationship to its surroundings and sensitivity to detail are the key building blocks to coordinated design. There is great freedom for individual expression and design within these guidelines. Understanding the guidelines provides a basis for unity with great variety. The ultimate benefit is an economically dynamic downtown with harmonious but diversified charm, character and attractiveness. (Ord. No. 904-88 § 25-5.10D) 25-16.5 Usage of Standards. These standards will serve to classify building types, and assist in a determination of the best architectural approach. Furthermore,

ss. (Ord. No. 904-88 § 25-5.10D) 25-16.5 Usage of Standards. These standards will serve to classify building types, and assist in a determination of the best architectural approach. Furthermore, they will provide a means for materials selection, coloration, and usage, with an end result of a creative yet harmonious design solution. They wish to encourage the generation of well-conceived building and remodeling. They provide directions, suggest positive benefits from historic respect and simplify paths towards sound planning, good design and craftsmanship. It is not the intent of these standards to inhibit creative expression, but to provide a context for diverse yet unified architecture and design. (Ord. No. 904-88 § 25-5.10E) 25-16.6 Rehabilitation and New Construction. a. Restoration. Restoration is quite literally the act of returning a building to its original condition and appearance. This technique is usually reserved for buildings of significant historical or architectural interest or importance. An accurate, well-crafted restoration requires a great deal of research, time, tenacity and expense on the part of the owner. Usually parts of the building, such as ornamentation, glazing, finishes, etc., must be carefully reproduced to match existing detailing to insure the best end product. Historic photographs have been proven to be the best source of visual information to be referenced for accurate restoration or remodeling. A historically accurate restoration would be a valuable addition to any area of West Orange, and these guidelines encourage such efforts. 82