Pine Hill City Zoning Code
ARTICLE X
Signs
§ 23-10 SIGN REGULATIONS.
[Ord. No. 95-588, Art. X; Ord. No. 2003-722, §§ I, III; amended 3-18-2019 by Ord. No. 2019-976]
§ 23-10.1 Permitted Signs.
In all zoning districts of the Borough, signs may be erected, altered, maintained, used, removed or moved only in compliance with the provisions of this article.
§ 23-10.2 Definitions.
In addition to the definitions listed in Article III, the following definitions shall apply to these regulations:
Any sign erected, construed or maintained on a building with the principal support of said sign being the building, including specifically the painting of signs or displays on the exterior surface of the building. Attached signs shall not be more than 10 inches off of the building to which they are attached.
A sign designating the name of a subdivision of residential homes, whether single or multi-family, attached, or an apartment complex.
To build, construct, attach, place, suspend or affix and shall also include the painting of wall signs and the painting of signs or displays on the exterior surface of the building, structure or material surface.
Any sign whose sole source of artificial illumination is outside the display portion of the sign.
Any sign not attached to a building, erected, constructed or maintained on a post, pole or other bracing or supporting device.
The distance between property lines of any property measured along the right-of-way line of the street or road.
The lowest point of elevation of the finished surface of the ground where the sign support structure meets the ground.
Any sign whose sole source of artificial illumination is contained within the display portion of the sign.
A single sign relating to a use or facility such as a shopping center, industrial park, or office complex where there is more than one occupancy and/or tenancy or uses, where said multiple occupancy and tenant uses a common parking facility and/or a common private drive or roadway, and where the names and professions or business names of the various tenants and/or occupants are displayed.
Any sign, including a billboard sign, located on a lot other than a lot occupied by the use, event or product which said sign identifies.
Any sign, symbol or device erected, constructed or maintained by the federal, state or county or local government, or any agency thereof, for the purpose of informing or guiding the public, or for the protection of the public health, safety and welfare.
Any person, firm, partnership, association, corporation, company or organization of any kind.
A sign by an owner of real property or of a licensed real estate broker designating a property "for sale" or "for lease."
An attached sign erected, constructed or maintained upon or over the roof of any building where principal support of said sign is the roof structure.
Any object, device, display, mural or structure of any part thereof, situated outdoors or indoors, which is used to advertise, identify, display, direct, or attract attention to an object, person, institution, organization, business, product, service, event or location by any means, including words, letters, figures, design, symbols, fixtures, colors, illumination or projected images. This definition shall specifically include any building or part of a building, including walls and facades used for such purposes and shall further include banners, pennants, flags, and similar blank devices. This chapter, however, specifically excludes any sign inside a structure or building which is not visible from outside of the building or structure.
In the case of a freestanding sign, will be computed from grade level to the greatest height at any one point in the sign. In the case of any attached sign, no sign can be higher than the level of a second floor window sill in a two or more story building, or cannot be higher than the lowest point of the roof line in a single story building, except where a roof sign is expressly permitted in certain zones.
A sign which is not permanently attached to a building structure or permanently affixed to a freestanding structure, and which may be erected for a limited period of time in compliance with the provisions of this chapter.
A sign indicating no trespassing, no fishing and/or hunting, and an existing danger where a warning is legally required.
A sign consisting of one or more banners, flags, pennants, ribbons, spinners, streamers, captive balloons, or other objects or material fastened in such a manner as to move upon being subjected to pressure by wind.
Any sign erected, constructed or maintained in or on a window of a building, visible from outside the building, whether illuminated or nonilluminated.
§ 23-10.3 Permits and Approvals.
a.
Sign permit required. It shall be unlawful to erect, alter, maintain, relocate or otherwise have a sign within the Borough, as defined herein (except those hereinafter exempt), without first making application for obtaining a permit from the Zoning Officer which said permit shall be in addition to any other licenses or permits which may be required by other ordinances.
b.
Application. Applications for permits shall be made on such forms as may be required by the Borough and shall be completed fully by the applicant or his agent. In the event that the applicant is not the owner of the property on which the sign is to be located, the owner of said property must co-sign the application.
c.
Procedure. Upon receipt of a completed application, the Zoning Officer shall determine whether or not the sign complies with this chapter, and if so, the Zoning Officer shall issue the sign permit. The applicant may process an appeal from said ruling of the Zoning Officer to the Zoning Board of Adjustment in accordance with this chapter.
d.
Fees. An application for a sign permit must be accompanied by a fee of $0.85 per square foot, a minimum fee of $33, which shall be nonrefundable. There shall be no separate fee for the issuance of a sign permit.
e.
Exemptions. The following signs shall not require an application, a sign permit, or a fee:
§ 23-10.4 Prohibited Signs.
No person shall erect, install or maintain the following signs in the Borough:
a.
Signs with visible moving, revolving or rotating parts or visible mechanical movement of any description or other apparent visible movement achieved by electrical, electronic or mechanical means, except for traditional barber poles, gauges and dials that may be animated to the extent necessary to display correct measurement, and time and/or temperature signs, if the sign on which the time/or temperature displays is located is an otherwise permitted sign under this chapter.
b.
Signs with lights or illuminations that flash, move, rotate, scintillate, blink, flicker, vary in intensity, vary in color, or use intermittent electrical pulsations.
c.
Signs with optical illusion of movement by means of a design that presents a pattern capable of reversible perspective, giving the illusion of motion or changing of copy.
d.
Signs that incorporate projected images or emit any sound that is intended to attract attention.
e.
Any sign or structure that:
1.
In any way obstructs the view of, may be confused with or purports to be an official traffic sign, signal or device of any other official sign.
2.
Obstructs the view of motor vehicle operators entering a public roadway from any parking area, service drive, private driveway, alley or other thoroughfare.
3.
Creates any other unsafe distraction for motor vehicle operations.
f.
Any sign or structure that is structurally unsafe, constitutes a hazard to safety of health by reason of inadequate maintenance or dilapidation, is not kept in good repair, or is capable of causing electrical shock to persons likely to come into contact with it.
g.
Any sign, together with its supporting structure, that 90 days or more after the premises have been vacated, advertises an activity, business, product or service no longer produced or conducted upon the premises upon which such sign is located, If the sign or sign structure is covered or the identifying symbols or letters removed, the Zoning Officer may grant an extension of time under this subsection upon showing of good cause, but nothing in this subsection prohibits permanent signs accessory to businesses that are open only on a seasonal basis, if there is clear intent to continue operation of the business.
h.
No sign shall be erected or maintained on a lot, tract or parcel including any improvement thereon, with the exception of billboard signs which are a permitted use in the GBD and LBD business zoning districts along Berlin-Cross Keys Road and Blackwood-Clementon Road, unless the message on the sign directly relates to the use of said lot, tract or parcel.
i.
No sign other than an official sign may be placed within the right-of-way of any Borough or county street, road or right-of-way within the Borough.
j.
No sign shall be attached, affixed or painted on trees, fences, rocks, curbs, walks, hydrants, benches or bridges, except for warning signs as defined herein indicating "no trespassing" and the like.
k.
No vehicle shall be regularly parked, stopped or located in such a manner as to be used as or considered a sign.
§ 23-10.5 General Regulations.
a.
Maintenance. All signs shall be periodically maintained by the owner of said sign, including painting, repairing and cleaning as necessary. Any sign that, because of improper maintenance, is deemed to be in a state of disrepair, such that the sign is no longer functional, visible or dangerous to the safety of others, as determined by the Zoning Officer, shall be repaired by the owner of said sign within 14 days of a notice requiring said repair; otherwise, the sign shall be removed.
b.
Sign content. All signs shall indicate only the principal names of the establishment, proprietor, or owner, and may include a brief description of the principal goods or service, or use thereof, and a logo or trademark by which the business or owner is identified.
c.
Misleading information. No sign shall be erected or maintained that contains information stating, indicating or implying that a property may be used for any purpose not permitted under the applicable provisions or Article IX of this chapter in the zoning district in which the property to which the sign relates is located.
d.
Setback. No point of any sign, including rim, border, and support shall be located within 10 feet of any property line.
e.
Computation of sign area.
1.
Sign area shall be measured around the outside edges of a framed or enclosed sign or by the area utilized by isolated words and/or symbols including the background whether open or enclosed but said area shall not include any supporting framework and bracing incidental to the display itself.
2.
In the event a double-faced back-to-back or v-type sign is used, each side shall be considered a component in determining the total square feet of this area.
3.
All temporary and permanent riders or attachments to sign or sign structures are included as part of the total sign area for the sign to which they are attached.
f.
Wall-mounted sign. Wall-mounted signs shall not project more than four feet above the top of the building on which erected, unless a projection of more than four feet is authorized by the Zoning Officer or other approving authority. In no case shall the height of signs exceed the height limits of the district in which located.
g.
Signs on fences and walls used as fences. Signs displayed upon fences or upon walls that are not an integral part of a building or that are used as fences shall be erected or mounted in a plane parallel to the fences or wall and shall not exceed above the top of the fence or wall or project more than 15 inches from the face of the fence or wall. Such signs shall be subject to all requirements of this section applicable to freestanding signs, including, without limitation, maximum area per sign, maximum sign height, minimum setback and number of permitted signs.
h.
Wind signs. Banners, flags, pennants and similar blank devices may be permitted in connection with a bonafide grand opening for any permitted use in a trade zone if the persons wishing to display such sign applies therefore and obtains the approval of the Zoning Officer, but such signs may only be displayed for a period of 30 days, and no time extension may be granted.
i.
Illuminated signs.
1.
Illuminated signs shall be arranged so that no light or glare is directed or reflected to adjoining lots or streets or into residential windows.
2.
All beams or beacons used in externally illuminated signs shall be directed downwards wherever feasible, and shall be shielded to prevent spillage off the lot onto streets, parking and driveway areas.
3.
Signs in residential and agricultural zoning districts shall be nonilluminated or externally illuminated. If such signs are illuminated, the illumination shall be turned off between the hours of 11:00 p.m. and 7:00 a.m., unless illumination is required for safety purposes.
4.
Signs in trade and institutional zoning districts may be externally or internally illuminated, with the exception of billboards which shall not be internally lit unless an integral part of a digital billboard display. Any illumination sign visible from and located within 300 feet of any lot in a residential zoning district shall be turned off no later than 11:00 p.m. or 1/2 hour after the use to which it is appurtenant has closed, whichever is later; but this time limit does not apply to any light primarily used for the protection of the premises or provisions of light for safety purposes. Billboard signs shall be illuminated by top-mounted lights directed downward onto the sign.
j.
Temporary signs.
1.
All temporary signs shall be nonilluminated.
2.
A real estate sign is permitted in all zones provided it complies with the following requirements.
(a)
It must pertain only to the lease or sale of the lot upon which it is placed.
(b)
It shall not exceed 12 (plus or minus 12) square feet in area, except in residential zones, in which case it shall not exceed six square feet in area.
(c)
It shall be removed within seven days after closing or settlement on said property or the execution of the lease.
3.
Temporary signs advertising events such as fairs, bazaars, auctions, garage sale, or other special activities, including political signs or posters, shall be erected or placed so as not to obstruct or obscure visibility at corners or intersections or to cause a traffic safety hazard. Such signs are allowed one month prior to the event being advertised and must be removed within 10 days following the conclusion of the event.
4.
Temporary signs of mechanics or artisans are permitted only during the period when the artisans and mechanics are actively performing work on the lands and premises where the signs are placed. The sign shall have a maximum size of 12 square feet, inclusive for all mechanics or artisans performing work on said premises.
5.
Temporary window signs advertising or describing sales or special merchandise are permitted provided that the same sign does not remain in the window for a period of longer than 30 days and that all of the signs collectively do not exceed 30% of all available window space on the wall on which the window signs are located.
6.
Temporary development signs for major subdivision. One temporary development sign is permitted for major subdivisions. Said sign is subject to the following standards:
(a)
Size: Maximum 20 square feet and six feet in height.
(b)
Content: The signs shall include only the name of the subdivision; the offer for sale of the lots or homes therein; and the name and telephone number of the developer, realtor or other agent to contact with reference to the sale.
(c)
Time: The temporary development sign may be installed only after final subdivision approval has been granted and before or at the same time as the first building permit is issued on the first lot sold. The sign must be removed within 10 days of the issuance of the certificate of occupancy or the sale of the last lot and replaced, if desired, with a permanent development sign in accordance with the standards of Subsection 23-10.6a2 below if the permanent development sign has not already been installed. Notwithstanding anything herein to the contrary, no temporary development sign shall remain longer than two years from the date of final subdivision approval unless an extension is granted by the authority that granted said final approval.
(d)
Location: The temporary sign shall be located at the entrance of the subdivision on property owned by the developer. No temporary development sign may be installed that interferes with traffic as specified in Subsection 23-10.4e and i. If there is more than one entrance, the developer may move the one sign periodically to a different entrance, as sections are sold and new sections opened. Upon acceptance of the roads, or the sale of lands on which the sign is located, such that the sign becomes located on private property owned by other than the developer, or within a Borough or county right-of-way, the sign shall be moved to another location as above, and subject to the overall time restriction in Subsection c above.
7.
Temporary development sign for major site plan. One temporary site sign is permitted for major site plans, which sign is subject to the following standards:
(a)
Size: Maximum 35 square feet and six feet in height.
(b)
Content: The sign shall include the name of the building or site plan; the offer for sale or lease of the stores, shops, offices or business units therein; and the names and telephone number of the developer, realtor, or other agency to contact with reference to the sale or lease.
(c)
Time: The temporary site sign may be installed only after final site plan approval has been granted and before or at the same time as the building permit for the building (or first building or site, if there be more than one) is issued. The sign must be removed within 10 days of the issuance of the last certificate of occupancy for the building (or first certificate of occupancy, if there be more than one) and replaced with the permanent signs permitted in Subsection 23-10.6c below for the business zones. Nothing herein shall prevent the subsequent use of real estate signs as permitted under Subsection j2 above, to advertise the stores, shops and offices, 15 square feet, with a maximum height of 10 feet. An attached sign may not exceed 10% of the wall surface area of the wall on which said sign is placed.
k.
Historical signs. Notwithstanding anything in this chapter to the contrary, signs on structures of historic significance for historic informational purposes upon which the name of the original or historic inhabitant or builder, and the date of construction of said structure is set forth, and/or the historical significance of the structure, are permitted, provided that said signs shall not exceed two square feet.
l.
Service stations. In addition to the freestanding attached signs permitted in business and commercial zones, as set forth in Subsection 23-10.6c, service stations offering the sale of gasoline and other fuel products may:
1.
Increase the size of freestanding sign by 1/3 for the listing of name and/or symbol of the principal fuels available, or in the alternative, an attachment to the freestanding sign is permitted, listing the principal fuels available, said attachment not to exceed 1/3 of the area of the base sign.
2.
Have an attachment to the freestanding sign up to 1/2 of the base area from the display of price information.
§ 23-10.6 Signs in Particular Zones.
a.
Residential and agricultural zones.
1.
The following are signs which are permitted in residential and agricultural districts:
(a)
A name plate not exceeding one square foot in area of an address and/or street number not exceeding two square feet in area, both within the property lines, which may be attached or freestanding, are permitted.
(b)
Signs indicating the name of a particular farm or estate, provided that the area on one side of any such sign shall not exceed two square feet.
(c)
Signs advertising the sale of farm or nursery products produced on the lot, provided that the area on one side of any such sign shall not exceed six square feet and that no more than two such signs shall be erected and maintained on the lot.
(d)
Signs prohibiting or otherwise controlling trespassing upon particular premises or indicating the private nature of a road, driveway or premises, provided that the area on one side of any such sign shall not exceed two square feet.
2.
Development signs.
(a)
In the case of a major subdivision, one permanent development sign stating the name of the subdivision shall be permitted. The permanent sign shall be mounted on concrete, steel, or other noneroding material, specifically excluding wood, railroad ties, and the like such that the sign shall be permanent and require little maintenance.
(b)
The permanent development sign shall be a sign not to exceed two feet by eight feet, rectangular in shape, at a height not to exceed five feet.
(c)
During construction, a temporary development sign is permitted only in accordance with the standard of Subsection 23-10.5j7 above. The permanent development sign, if desired, may be installed at any time after approval is granted.
(d)
The location of the permanent development sign must be approved by the Planning and/or Zoning Board at the time of preliminary subdivision, and other development approval. The sign may be installed at the entrance (or main entrance to the subdivision, if there is more than one), and may be located within an island or other entrance land specifically dedicated to the Borough or homeowner's association specifically for the purpose of the sign location.
c.
Trade zones. The following regulations apply to commercial and industry:
1.
Permitted signs. Each business or use may have a maximum of two signs except as otherwise permitted below, in accordance with following standards:
(a)
One attached and one freestanding is permitted.
(b)
If there is one business or use on the lot, the single business may elect to use two attached signs and no freestanding sign.
(c)
If more than one business or use is located in a particular building or buildings, where said business or uses use a common parking facility and/or common driveway or roadway, no freestanding signs shall be permitted and instead there shall be one multiple occupancy/tenant (MOT) sign as defined in Subsection 23-10.2 located at the entrance to the shopping center, industrial park, office complex or parking facility.
(d)
If a MOT sign is required, the building-mount, attached signs for the uses or business shall be all uniform in size, scale, design and color.
(e)
A roof sign may be used in place of the permitted attached sign if the owner of the building can demonstrate that there is no other location on the building where the legal attached sign can be located. The size of the roof sign may not exceed the size requirements for an attached sign in the particular zone, as set forth below.
(f)
If a business or use is located on a lot with more than one street frontage, each business or use may have either one additional attached sign or one additional freestanding sign, unless the MOT sign is required, in which case the additional MOT sign shall be located on a separate entrance, drive, or separate part of the parking facility.
(g)
Notwithstanding anything herein, each business or use may have one sign, not to exceed three square feet, and located on the front door or entrance, stating only the name of the business or use, and including, if desired, its business hours.
(h)
Billboards as defined and set forth in this article may be permitted in the GBD and LBD zoning districts along Berlin-Cross Keys Road and Blackwood-Clementon Road subject to identified regulations as set forth herein.
§ 23-10.7 Signs for Nonconforming Uses.
Upon application for a use variance or other approval to permit a nonconforming use on a property in any zone where the use is not permitted, the sign for said use may be approved by the Planning and/or Zoning Board, subject to the following standards, regardless of the proposed use:
a.
If the property is in a residential zone, the sign must conform to the sign standards established for residential zoning.
§ 23-10.8 Nonconforming Signs.
a.
Intent. It is the intent and purpose of this article that to the extent practical, all existing signs not conforming to the provisions of this article be eliminated or brought into conformity with the provisions of this article.
b.
Legal nonconforming signs. Any sign located within the Borough which does not conform with the provisions of this article, but did conform with the applicable laws and ordinances relating to signs at the time it was erected, shall be deemed a "legal nonconforming" sign and may continue in use until said sign loses its "legal nonconforming" status as defined in Subsection c3 below.
c.
Loss of "legal nonconforming" status. A legal nonconforming sign shall immediately lose its "legal nonconforming" status if:
1.
The sign is altered in any way in structure or size.
2.
The sign is replaced.
3.
Damage to the sign such that repair or restoration would exceed 1/3 of the replacement value as of the date of said damage. Upon the happening of any one of the above events, the sign shall be immediately brought into compliance with this article, with a new permit, in accordance with the provisions of this article, or shall be immediately removed. Periodic maintenance, as required by Subsection 23-10.5a, shall not be considered an alteration resulting in the loss of a sign's "legal nonconforming" status.
§ 23-10.9 Billboards.
a.
Location restrictions.
1.
Billboard signs shall be permitted along the Berlin-Cross Keys Road (County route 689) and Blackwood Clementon Road (County Road 534) corridors in the following zones: GBD, and the LBD Districts.
2.
Such billboard signs shall be positioned so that their sole intended direction of visibility shall be from these roadways.
b.
General regulations.
1.
Billboard signs shall not be placed less than 3,000 feet from another billboard within the Borough of Pine Hill.
2.
Billboard signs are considered a permitted use as indicated in Subsection a1 hereinabove subject to the following requirements and regulations contained herein.
3.
Billboard signs to be erected under these regulations shall be buffered to restrict visibility from residential zones and residential dwelling units. Specific buffers are further described in Subsection 23-10.9f.
4.
The minimum distance (spacing) between permitted locations of billboards, being 3,000 feet, shall be measured along the nearest edge of the pavement between points directly opposite the side of the sign facing nearest the center line of the right-of-way of the highway where the sign side shall be erected.
5.
Double-faced-type billboard signs shall be permitted only under the terms and conditions of this regulation.
6.
No billboard signs shall be allowed that are painted on or attached to railroad bridges, overhead bridges, or any other structure over any highway or overhanging the highway, and within the right-of-way of any highway.
7.
Billboard illumination shall be in accordance with General Regulations, Subsection 23-10.5ai4.
8.
There shall be a minimum front yard setback established for the underlying zoning district for structures/buildings. The front yard shall be the portion of the lot facing either of the aforestated roadways, the minimum feet per side yard setback shall be not less than 20 feet from any proposed buffer, berm, or property line.
9.
No billboard signs shall be permitted unless specifically authorized by permit from the applicable agency of the State of New Jersey having jurisdiction over outdoor advertising signs, where said billboard signs shall be maintained within the State of New Jersey or any department thereof right-of-way, or any portion of limited access or unlimited access highways within the State of New Jersey. This prohibition shall not apply to signs, public notices, or markers erected or maintained by the Department of Transportation, the County of Camden, or the Borough of Pine Hill.
10.
No billboard sign shall interfere with the ability of an operator of a motor vehicle to have a clear and unobstructed view of streets or highways ahead, approaching, merging or intersecting traffic, or official signs, signals or traffic control devices.
11.
No billboard sign shall interfere with or contain advertisements that resemble any official traffic sign, signal or device.
12.
No billboard sign shall be painted, drawn, erected, or maintained upon trees, or other natural features, or public utility poles.
13.
No billboard sign shall be of a type, size or character or placed at a location that will endanger or potentially injure public safety or health or pose a physical threat to property in the vicinity thereof.
14.
No billboard sign shall be permitted which advertise activities that are illegal under federal, state or local law.
15.
No billboard sign shall be permitted which have any animated or moving parts or have reflectorized materials which may impair the vision of a motorist.
16.
Erection of billboard signs shall be considered as site development and for which site plan approval is required.
17.
Lighting shall not interfere with visibility of traffic signs or signals or distract drivers attention, or direct glare upon residential uses.
c.
Dimensional requirements.
1.
No billboard sign may exceed a maximum width of 24 feet.
2.
No billboard sign may exceed the maximum height of 22 feet from ground level. Ground level shall be the lesser of the natural ground level or the ground level before considering any berm or other elevation on which the sign may be situated.
3.
The maximum advertising surface shall not exceed an area measured at 12 feet by 24 feet for each display area, with a maximum of one display areas per side.
4.
The maximum advertising surface area shall not exceed 288 square feet for each display area.
5.
Area not utilized for display, or boundary or border area, shall not be calculated in the square footage of the advertising billboard sign.
d.
Time limits for securing permits and carrying out construction.
1.
The applicant shall be required to secure a permit for the construction of the billboard within one year from the Planning Board approval of the plan. Thereafter, the proposed construction shall be carried out within one year from the securing of the permit unless good cause shall be shown to extend the time allowed.
2.
Failure of the applicant to meet the above time constraint shall nullify and void the approval of the billboard. Construction or excavation undertaken or continued after the time limit of expiration shall be a violation of this article. In such case the violation shall be construed in accordance with this article.
e.
Inspections.
1.
All improvements associated with the project known as "billboard" shall be subject to inspection and approved by the Borough Engineer of the Borough of Pine Hill.
2.
The applicant shall notify the Township official at least 24 hours prior to the start of any construction and shall not pour, cover, install or perform any work until such inspections have been approved.
3.
Utility work that may be completed by any public utility company shall be regarded as an exception from this provision.
f.
Landscaping. Landscaping standards which contain buffers for off-site billboards shall be designed and constructed in accordance with the following supplemental standards:
1.
Billboards shall be suitably landscaped to improve the environment of the site and surrounding area, and protect the general welfare of the public, so that the sign shall be shielded by buffers, to limit visibility from residential areas which may overlook the sign. Any and all landscaping around the off-site billboard installation shall be placed so that it will not obstruct sight distance along any street frontage.
2.
A conscious effort shall be made to preserve and incorporate the existing vegetation on site, wherever possible. The area underneath and around the billboard sign structure shall include a landscaping bed containing evergreens and flowering materials. The final spacing and species mixture shall be as approved by the Planning Board Engineer, and be consistent with landscaping and buffering standards contained in Subsection 23-9.5.
3.
All plant material installed as part of a billboard planting screen shall be maintained, and installation guaranteed for a period of two years.
h.
Approval and review procedures.
1.
A billboard use is permitted subject to the above restrictions and regulations and subject to approval by the Planning Board that the use can be provided in a manner that will minimize the impact upon adjacent properties, and will conform with the additional standards as provided in both municipal ordinances and the Administrative Code of the State of New Jersey and applicable New Jersey statutes.
2.
Application and review procedures shall be consistent with established application procedures provided for in this chapter and consistent with provisions of the Municipal Land Use Law as amended and/or supplemented, accordingly.
i.
Exterior maintenance and appearance. Any permanent sign and billboard exposed to public view shall be maintained in good repair. Any permanent sign or billboard which has weathered excessively or faded or the paint on which has excessively peeled or cracked shall, with its supporting members, be removed forthwith or put into a state of good repair. All nonoperative or broken electrical signs shall be repaired or shall, with their supporting members, be removed forthwith. Permanent signs and billboards shall not be located within a public right-of-way.
§ 23-10.10 Enforcement and Penalties.
a.
Enforcement. The enforcing official shall be appointed by the Mayor and shall enforce the provisions of this article. Upon discovery of an alleged violation of this article, the enforcing officer shall serve written notice, either by personal service or certified mail, return receipt requested, on the owner of the sign and/or the owner or leasee of the property where the sign is located, ordering the sign to be brought into conformity with provisions of this article, or its removal within 30 days of the date of said notice, or seven days if the alleged violation concerns a temporary sign. The notice shall include notification that if the sign is not brought into conformity or removed within such time, a summons and/or complaint will be issued. In the event the sign is not brought into conformity with the provisions of this chapter, or removed, prior to the 30 days or seven days from the date of the notice, the enforcing official shall cause a summons and/or complaint to be issued.
b.
Summary removal.
1.
In the event it shall be determined by the enforcing official that the presence of any sign, either by reason of its construction, location or lack of maintenance and repair, presents a hazard to the health, safety and welfare of the residents of the Borough, the enforcing official shall be empowered to immediately effectuate the removal of the sign, and the expenses and costs of the removal shall be borne by the owner of the sign and/or the owner or leasee of the property upon which the sign is located.
2.
In addition to any fine imposed hereunder, the sentencing court, upon conviction, shall order the removal of the sign or the sign being brought into conformity with the provisions of this article, at the owner's sole expense.