River Vale, NJ Zoning Ordinance

[Amended 2-27-1986 by Ord. No. 0-2-86; 2-23-1995 by Ord. No. 0-2-95; 2-27-1997 by Ord. No. 0-1-97(R); 8-26-2004 by Ord. No. 0-9-04;3-28-2005 by Ord. No. 105-2005]

§ 142-237 General.

The purpose of these sign regulations is to preserve the public health, welfare and/or safety within the Township of River Vale by the following:

Promotion of safety on the Township's highways and roadways:

(1)

Establishment of a clear and orderly pattern of signs that are appropriately designed to be compatible and not competitive with other signs.

(2)

Reduction of obstructions, distractions and other conditions which cause confusion or otherwise threaten to compromise pedestrian and vehicular safety.

(3)

Promotion or ready identification of governmental and institutional sites and events.

(4)

Coordination of signs with prevailing speed limits and roadway conditions.

Promotion and protection of the Township's visual resources by:

(1)

Creation of a pleasing streetscape.

(2)

Encouragement of artistic, creative, expressive and distinctive signage of appeal and quality appropriate to the respective environs.

(3)

Encouragement of signage compatible and reflective of desirable architectural buildings and features.

(4)

Eradication and prevention of visual clutter caused by the competitive proliferation of signs, disorderly placement, excessive height, size and illumination and redundancy.

Promotion of commerce in River Vale by:

(1)

Affording each Township profession, business, industry and service a fair and protected opportunity to communicate, identify and safely and effectively direct traffic to its site by means which are expressive of identity and appropriate to the nature of the enterprise and the surroundings.

(2)

Creating a distinctive commercial environment which attracts business because of a heightened visual quality and image.

§ 142-238 Definitions.

For the purposes of this Part 9, the following words and phrases shall have the meanings respectively ascribed to them by this section.

AWNING

A roof-like cover made of nylon, canvas or other such material or fabric that is attached to and projects from the wall of a building, which may also be for the purpose of shielding a doorway or window from the elements.

BANNER

A temporary paper, plastic or cloth device hung to attract attention to a business or special event.

BILLBOARD SIGN EXTENSION (a.k.a. CUT-OUT)

A billboard advertising copy design element that protrudes beyond the confines of a billboard sign face area.

BUILDING INSPECTOR

The Building Inspector of the Township or his/her designee.

CONSTRUCTION OFFICIAL

The Construction Official of the Township or his/her designee or other authorized agency.

ELECTRONIC MESSAGE CENTERS

A sign whose alphabetic, graphic or symbolic informational content can be changed or altered on a fixed display surface, composed of electrically illuminated or mechanically driven changeable segments either by means of preprogramming or by computer-driven electronic impulses.

ERECT

To build, construct, reconstruct, attach, hang, rehang, alter, place, affix, enlarge, move or relocate.

FLAG

Any fabric or bunting containing distinctive colors, patterns or symbols.

FLAG, OFFICIAL.

Any flag of the United States, the State of New Jersey, the County of Bergen, the Township of River Vale or any other governmental unit or recognized nonprofit organization.

FLAG, TRADEMARK

Any flag that displays only a registered trademark, logo, corporate name or any combination of the former three. No other wording or display of any kind shall be considered a trademark flag.

FRONTAGE

The side of a lot abutting a street; the front lot line. On lots with multiple street fronts, the frontage shall include the length of the lot abutting all such streets.

GARAGE SALE

The offering for sale of multiple items of personal property on property designed, used or intended as a residence.

GASOLINE SERVICE STATION

Any business that dispenses, or is designed, used or intended to dispense, gasoline and oil for use in motor vehicles and boats.

GASOLINE SERVICE STATION CANOPY

A freestanding structure located on the same premises as a gasoline service station affording protection from the elements to persons or property there under.

PLINTH

A monument sign base that rests directly on the ground designed as a support unit, architectural unit or decorative design element.

SIGN

Any object, device, display or structure, or 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, designs, symbols, fixtures, colors, illumination or projected images, but excluding the American flag or other governmental flags, athletic scoreboards on school premises or official announcements and signs of government.

SIGN, ABANDONED

A sign that, after a period of 30 days, no longer correctly directs or exhorts any person, advertises a bona fide business, lessor, owner project or activity conducted or product available on the premises where such sign is displayed.

SIGN, ADVERTISING

A sign which directs attention to a business, commodity, service or entertainment conducted, sold or offered elsewhere than upon the same lot on which the sign is located.

SIGN, ANIMATED

Any sign that includes action or motion, or any changes in physical position of its whole or parts or a change in light intensity by rotation or movement.

SIGN AREA

The total sign area shall be measured as below.

SIGN, AWNING

A sign that is painted, mounted or otherwise permanently affixed to an awning.

SIGN, BUSINESS

A sign which directs attention to a business, commodity, service or entertainment conducted, sold or offered upon the premises where the sign is located.

SIGN, CHANGEABLE COPY

Any sign designed to allow the sign copy to be changed or altered without undertaking a physical alteration to the sign (such as changing sign panels or repainting the sign), i.e., through the use of movable letters, electronic displays, interchangeable parts or other means. Changeable copy does not include copy pertaining to the business, occupation or tenant advertised or identified.

SIGN, CONSTRUCTION INFORMATION

A temporary sign used during the construction of new buildings or reconstruction of or additions to existing buildings, which identifies the project or future use of a site and provides information denoting the owner, architect, engineer, contractor, financing institutions or similar individuals or firms having a role or interest in the project.

SIGN COPY

The wording or graphics on a sign surface.

SIGN, DAILY ADVERTISING

A freestanding sign (e.g., A-frame, sandwich boards) that is displayed during hours in which a business is open and removed during hours in which a business is closed.

SIGN, DIRECTIONAL

A sign that is limited to directional messages principally for vehicular or pedestrian traffic or other movement.

SIGN, DIRECTORY

A sign listing the tenants or occupants of a building or group of buildings that may indicate their respective professions or business activities and containing two or more names within a single sign.

SIGN, DRIVE-THROUGH MENU BOARD

A sign displaying food, beverages or other services, offered for sale at a business with drive-through service, and located adjacent to the drive-through lane on the premises upon which such service is offered.

SIGN, EXTERNALLY ILLUMINATED

Any sign lighted by or exposed to artificial lighting by lights outside such sign.

SIGN FACE

See "sign area."

SIGN, FLASHING

Any sign which contains an intermittent or flashing light source, or which includes the illusion of intermittent or flashing light by means of animation, or an externally mounted intermittent light source. Automatic changing signs such as public service time, temperature and date signs or electronically controlled message centers are not defined as "flashing signs."

SIGN, FLUTTERING

A sign which flutters or is made of flexible materials which moves with the wind or by some other artificial means, including, but not limited to, pennants, banners, balloons, spinning devices, streamers and flags other than official and trademark flags.

SIGN, FREESTANDING

Any sign supported by structures or supports that is placed on, or anchored in, the ground and that is independent from any building or other structure, but excluding monument signs.

SIGN, GARAGE SALE

A sign posted on a residential lot on which the garage sale is to be held.

SIGN, GASOLINE SERVICE STATION PRICE

A sign containing thereon the price per gallon of gasoline or diesel fuel sold at said station.

SIGN, HELP WANTED

A sign advertising the employment opportunities of a business.

SIGN, ILLUMINATED

Any sign that is illuminated by light source mounted on or in the sign or at some other location.

SIGN, INFORMATION

A sign that gives parking, building address, fire protection, traffic flow (other than directional signs), height clearance, pedestrian or other similar information and that does not advertise a business or use located on the lot or parcel.

SIGN, INSTITUTIONAL

A sign that identifies or describes the services or functions of premises or facilities used, maintained or owned by any not-for-profit educational institution, church, religious society, fraternal organization, public utility, hospital or any other similar organization.

SIGN, INTERNALLY ILLUMINATED

Any sign lighted by or exposed to artificial fighting by lights within such sign.

SIGN, MEMORIAL or TABLET

The permanent part of a building that denotes the name of the building, date of erection, historical significance, dedication or other similar information.

SIGN, MONUMENT or GROUND SIGN

Any detached sign on the same lot or parcel as the use it advertises which has its bottom portion attached to a proportionate base or plinth, integrated ground planter box or structural frame.

SIGN, NEON

An illuminated sign, typically constructed of a glass discharge tube that has been shaped to form letters or symbols, and which contains a gas or vapor (typically neon or mercury) that emits light when voltage is applied across electrodes at either end of the tube.

SIGN, OCCUPATIONAL/IDENTIFICATION

A wall sign identifying the name of a person occupying a building and mounted adjacent to the main entrance of the building.

SIGN, POLITICAL

A temporary sign advocating or opposing any political proposition or candidate for public office.

SIGN, PORTABLE

A sign that is not permanently affixed to a building or structure, or the ground, and that may be readily moved or relocated.

SIGN, PROFESSIONAL

A sign directing attention to the office of a recognized profession located on the same lot.

SIGN, PROJECTED LIGHTING

Any sign which is created or displayed by the projection of lights or illuminating sources through a screen, transparency, filter or otherwise that projects onto a surface.

SIGN, PROJECTING

Any sign that is wholly or partly dependent upon a building for support and projects more than 14 inches from such building.

SIGN, ROOF

Any sign erected on or above a roof, excluding wall signs. The generally vertical plane of a mansard-type roof shall be interpreted as the same as a wall of a building.

SIGN, TEMPORARY

Any sign intended for a limited or intermittent period of display.

SIGN, WALL

Any painted sign, letter, word, model, device or representation that may be affixed to the front, side or rear wall of any building and in the same plane as the face of the wall, and which does not project more than 12 inches from that wall.

SIGN, WINDOW

A sign internally or externally affixed on a window or glass door or located inside the window which is designed or intended to be visible from the exterior of the building.

SPECIAL DISPLAYS

Signs or an assemblage of materials used for holidays or promotion of civil welfare or charitable purposes.

STREET FRONTAGE

See "frontage."

TOWNSHIP

The Township of River Vale.

§ 142-239 Nonconforming signs.

Any sign which lawfully existed on the effective date of this article or an amendment thereto which renders such sign nonconforming because it does not conform to all of the standards and regulations of the adopted or amended article shall be considered a legally nonconforming sign.

Any sign which was erected unlawfully prior to the adoption of this article or amendment thereto, or which is erected hereafter in contravention of the standards or regulations of this article without obtaining the required permits or variances, shall be considered an illegal nonconforming sign.

Loss of legally nonconforming status. A legally nonconforming sign shall immediately lose its legal nonconforming status if:

(1)

The sign is altered in any way in structure which tends to or makes the sign less in compliance with the requirement of this Part 9 than it was before the alteration.

(2)

The sign structure is relocated to a position making it less in compliance with the requirements of this Part 9, except that any such sign which is hereafter required to be moved by a governmental body for the purpose of construction, relocation, widening or improvement of a street, highway or other public purpose may be relocated once on the same lot and allowed to be maintained and used as before. Such a sign, once relocated, is still considered a legally nonconforming sign and bound by this section.

(3)

The sign (except for copy on a changeable copy sign) is replaced.

(4)

Should any nonconforming sign be damaged by any means, other than vandalism, to the extent of over 60% of its surface area or structure, it shall not be reconstructed except in conformance with the requirements of this article. Nonconforming signs which are damaged by vandalism to the extent of over 60% of their physical value shall be restored within 60 days or removed or brought into compliance with the provisions of this Part 9.

(5)

On the occurrence of any one of Subsections C(1) through (4) above, the sign shall be immediately brought into compliance with this article with a new permit secured therefor, or shall be removed.

If any existing sign is repainted or the sign panels are replaced for the purpose of changing the business, occupation or tenant advertised or identified, it shall be considered a new sign and shall be brought into compliance with this Part 9. Ordinary maintenance or repair of an existing sign to a safe condition shall not be cause to classify the sign as a new sign.

§ 142-240 Sign permits required and violations.

Unless specifically exempted by the provisions of this Part 9, all signs shall obtain a permit from the Construction Official.

Inspections. Following the erection of a sign or signs for which a permit was required and obtained, the Construction Official shall inspect a sign or signs after erection is completed for compliance with this Part 9. All other necessary permits, such as electrical permits, shall be obtained and inspections shall be performed as applicable.

Sign removal.

(1)

Except for signs which are legally nonconforming or which are exempt from obtaining a permit, the Construction Official may take the necessary steps to remove those signs which:

(a)

Are determined not to be a legally nonconforming sign and do not have the required permit or have an expired permit.

(b)

Constitute a public nuisance as defined by ordinance, or are unsafe or hazardous, and represent an immediate threat to the health and safety of the Township.

(2)

If any sign is deemed to require removal under the provisions of this Part 9, the Construction Official shall order it removed, and the owner or operator of the signage or of the establishment the signage is serving shall be notified of the violation and be given 30 days in which to correct the violation. If the order is not complied with, the Construction Official shall have it removed at the expense of the person responsible for the erection or maintenance of the sign, and in the event that all cost associated with the Township having such sign removed is not recovered from the responsible party. Said cost shall become an assessment and a lien on the property; such lien to be certified by the Tax Assessor of the Township of River Vale.

(3)

The Construction Official is authorized to go upon any premises in the Township for purposes of removing signs under the provisions of this section. Signs removed by the Construction Official shall be retained for the owner's account for a period of 60 days and shall be returned to the owner upon payment of the expenses of removal. If not claimed within that time, they shall become the property of the Township and may be destroyed or sold for the payment of the expense of removal. If sold, any excess from the proceeds of the sale shall be returned to the owner. In addition, the Township shall in no way be held financially responsible for any damages that may be incurred as a result of said removal.

Violations; penalty. Any person violating this article or any of its provisions shall, upon conviction, be subject to a fine of not more than $500 or imprisonment of not more than five days, or both. Each day and instance of violation shall constitute a separate offense, and at the discretion of the Construction Official a summons may be issued for each separate offense.

§ 142-241 Permits and fees.

Permit required. Unless otherwise provided for, it shall be unlawful for any person to erect any sign without first obtaining a permit from the Construction Official and making payment of the fee as herein required.

(1)

Application for a permit for a permitted sign conforming to the regulations set forth herein shall be made in writing to the Construction Official. Such application shall be sufficient to describe the site and location in which the sign is to be affixed and shall include at a minimum the following:

(a)

The name and address of the applicant.

(b)

The name and address of the owner of the premises.

(c)

A statement, including the consent of the owner, if the applicant is other than the owner.

(2)

Applications for permits shall be submitted and accompanied by two sets of plans showing proposed copy of sign with location, sign area, construction details, materials and illumination details, and existing sign locations and sizes, if any. In addition, plans for monument signs shall include the length of street frontage (and street facings, if applicable), in linear feet, and plans for wall signs shall include building elevation with height and width dimensions shown for the face of the building that the sign is proposed to be installed upon.

(3)

All illuminated signs shall be subject to the provisions of the Electric Code and permit fees required thereunder.

(4)

Any permit issued will expire in six months if construction is not completed or an extension has not been granted.

(5)

Application for a permit for a sign which does not comply with the provisions of this article shall be submitted to the Joint Planning Board, unless the sign is part of a development for which a site plan is required, in which case the application shall be submitted to the Joint Planning Board. Such application shall be in writing, and where a noticed public hearing is required by law, shall be submitted at least 10 days before the succeeding public meeting date of the Board, together with a filing fee required by the Township. Such application shall be in triplicate and accompanied by no less than 15 copies of the sign design which shall be drawn to scale. In addition, on such drawing or separate sheet, the information set forth herein shall be provided, as normally required by the Board.

(6)

Issuance of permit.

(a)

A permit shall be issued by the Construction Official upon the favorable action of the approving authority, subject to any other applicable governmental regulations, or as otherwise provided herein.

(b)

A permit for the replacement of an existing sign may be issued by the Construction Official without the necessity of Board approval only upon satisfaction of all of the following conditions:

[1]

There is no physical alteration or expansion to the existing sign beyond the limit permitted herein and previously approved.

[2]

The sign conforms in all respects to the article provisions specified herein or was previously the recipient of a variance approval.

[3]

No other signage is proposed to be added to the premises beyond that which is permitted herein.

[4]

The applicant shall notify the Construction Official for a final inspection within five days of completion of the installation of the sign.

Right of appeal. Anyone denied a permit for a sign under the provisions of this Part 9, or who has been ordered by the Township to remove any existing sign, may appeal to the Joint Planning Board. Owners or operators of signage under appeal are not exempt from being issued violation citations.

Fees. A flat fee of $50 per sign permit will be charged and collected by the Construction Official upon filing of the application.

Exemptions.

(1)

The following signs shall be exempt from permits and fees:

(a)

Signs relative to the sale, lease or rental of property erected on the offered property as follows:

[1]

Residential zones: A maximum of one not exceeding six square feet in outline area per facing for single-family residences or 12 square feet in outline area per facing for other uses and providing sign does not exceed six feet in height from grade to the highest point on the sign.

[2]

Commercial zones: A maximum of one per street frontage, provided each sign has a maximum of 10 square feet in outline area per facing and providing such signs do not exceed six feet in height from the surrounding grade to the highest point on the sign.

(b)

Memorial signs or tablets, names of buildings and date of erection when cut into any masonry surface or when constructed of bronze or other incombustible materials.

(c)

Signs erected inside a building not visible through windows.

(d)

Trespassing or privacy signs. Signs which prohibit trespassing, or indicate privacy of premises, driveways or streets, not exceeding two feet in size per side nor a height of six feet from grade.

(e)

Help wanted signs. One sign advertising employment opportunities, located on the lot or parcel of the business advertising employment opportunities and not larger than one square foot.

(f)

Open/closed signs and signs indicating business hours. Such signs shall not exceed one square foot and shall contain no other information than that necessary to highlight business hours and the open/closed status of a business.

(g)

Customary holiday decorations displayed for a normal duration.

(h)

Residential nameplates.

(i)

Traffic control signs, the face of which meets the standards of the Department of Transportation and which contains no commercial message.

(j)

Directional and informational signs for nonresidential uses, provided the area of such sign is not more than three square feet, and provided the number of such signs on site is limited to that which is reasonably necessary and appropriate for safety, circulation, information or other noncommercial purposes. Such directional or informational signs shall not contain advertising, logo, symbols, business identification or other nondirectional copy.

(k)

Signs for official governmental or quasi-governmental business, including signs or banners advertising public or quasi-public events that are posted or displayed with the permission of the governing body or its designee(s).

(l)

Flags of the United States, State of New Jersey, the Township of River Vale and foreign, provided that no such flag shall exceed 60 square feet in area, nor shall any such flag be flown from a pole in excess of 35 feet in height. The flag's area shall be in reasonable proportion to the height of the pole from which it is displayed. Not more than three flags may be flown from any one pole. Statutory requirements associated with flags and the generally accepted standards of flag display protocol shall be observed.

(m)

Flags honoring and remembering military and service men and women of the United States.

(n)

Public safety signs.

(o)

Identification signs displayed by houses of worship.

(p)

Any public notice or warning or safety sign required by a valid and applicable federal, state or local law, regulation or ordinance.

(q)

Pump-mounted fuel price informational signs subject to the following:

[1]

Only one fuel price informational sign shall be permitted per fuel pump; each such sign shall be limited in size to an area of 260 square inches; each such sign shall be affixed directly and firmly to a fuel pump and shall be stationary.

(r)

Regulation mailboxes of the United States Postal Service.

(2)

The following signs shall be exempt from fees. Sign permits shall be required.

(a)

Banners or signs of the United States, the State of New Jersey, the County of Bergen, the River Vale School District, the River Vale Volunteer Fire Department or any other governmental unit affixed to utility poles, provided approvals are received from the utilities and governmental units having jurisdiction over the poles and adjacent rights-of-way respectively.

(b)

Building construction information signs, identifying the architect, engineer, contractor or institution providing financing, when placed upon a worksite under construction, only after a building permit for the construction has been issued. Each individual building will be allowed one building construction information sign, not to exceed 24 square feet in outline area per facing. The sign shall be set back 10 feet from any property line. The maximum height of such signage shall not exceed 15 feet in height above the average existing finished grade elevation of the sign or the elevation of the adjacent street, whichever is higher. Such signage shall be removed within 10 days after the issuance of an occupancy permit.

(3)

Occupational/identification/professional signs. One wall sign or one window sign not exceeding two square feet in size displaying the name, occupation and/or service located upon the premises and the address. Such sign shall not be internally illuminated. External illumination may be utilized, provided such illumination is turned off when the office is closed for business. No other signage shall be permitted for any home professional office or home occupation.

Revocation. The Construction Official may revoke any sign permit which violates any provision of this Part 9 or which has been secured by subterfuge, or is void, or which has been issued by mistake, misunderstanding or error of the Township.

§ 142-242 Rules and regulations.

Computation of sign area and sign height. The following principles shall control the computation of sign area and height:

(1)

Computation of area of individual signs. The area of a sign face shall be computed by means of the smallest square, rectangle, circle, triangle or combination thereof that will encompass the extreme limits of the writing, representation, emblem, picture, symbol, graphic illustration or other display, together with the sign frame and any material or color forming an integral part of the background of the display or used to differentiate the sign from the backdrop or structure against which it is placed; or by delineating the area established by reason of distinctive variation in background color or by borders, whichever is greater.

(2)

Computation of area of multifaced signs. The sign area for a sign with more than one face shall be computed by adding together the area of all sign faces visible from any one point. When two identical sign faces are placed back to back, so that both faces cannot be viewed from any point at the same time, and when such sign faces are part of the same sign structure and are not more than 42 inches apart at any point, the sign area shall be computed by the measurement of one of the faces.

(3)

Computation of height. The height of a sign shall be computed as the distance from the base of the sign at grade to the top of the highest attached component of the sign. Grade shall be construed to be the newly established grade after construction.

Prohibited signs generally. No person shall construct, erect, locate, use or maintain any of the following signs within any zone district of the Township, except as otherwise permitted elsewhere in this Part 9, or unless the sign has been certified to be a legal nonconforming sign by the Construction Official or has obtained a variance for such sign:

(1)

Any new sign erected in violation of any section of this Part 9. Any sign not specifically permitted is hereby prohibited.

(2)

Signs emitting a sound, odor or visible matter such as smoke or vapor. No sign erected shall contain audio equipment.

(3)

Exterior use of advertising devices such as banners, streamers, pennants, flags, and balloons, lights (whether flashing, flickering, blinking or rotating), wind-operated devices and any other type of fluttering or flashing devices, or emitting an unsteady or glaring light.

(4)

Signs placed or affixed to vehicles and/or trailers which are parked on a public right-of-way, public property or private property so as to be visible from a public right-of-way where the apparent purpose is to advertise a product or direct people to a business or activity located on the same or nearby property. However, this is not in any way intended to prohibit signs placed on or affixed to vehicles and trailers, such as permanent lettering on motor vehicles, where the sign is incidental to the primary use of the vehicle or trailer.

(5)

Animated signs and mechanical contrivances. No sign erected shall contain flashers, animators or mechanical movement or contrivances of any kind, excepting clocks and time and weather information.

(6)

Paper posters and painted signs applied directly to a tree, rock or natural feature of any kind or to a wall of a building, fence or pole or other support.

(7)

Signs painted or otherwise affixed on the inside or outside of automobile windows except for pricing information associated with the sale of new and used cars, and only when such vehicles are located on the premises of an establishment which has been approved for such use.

(8)

Portable or movable signs, such as sandwich signs, except as provided for in this Part 9.

(9)

Signs advertising an article or product not manufactured, assembled, processed, repaired, serviced or sold upon the premises upon which the sign is located.

(10)

Revolving signs of any type, including searchlights.

(11)

Neon signs of any kind, whether located on the exterior or interior of a wall or window if visible from the street upon which the premises fronts.

(12)

Signs on parking lot light standards not relating to traffic control.

(13)

Signs within the public street right-of-way (other than public notices and unless otherwise allowed in this Part 9).

(14)

Signs that are in such a state of disrepair as to constitute an immediate threat to the public health, welfare and safety.

(15)

Business signs for businesses which are discontinued for a period in excess of 30 days.

(16)

Signs or other advertising structures, as regulated by this Part 9, erected at the intersection of any streets in such a manner as to obstruct free and clear vision, or at any location where, by reason of the position, shape or color, it may interfere with, obstruct the view of, cause optical illusion or be confused with any authorized traffic sign, signal or device, or which makes use of words, phrases, symbols or characters in such manner as to interfere with, mislead or confuse traffic.

(17)

Roof signs.

(18)

Any sign not in compliance with the Township Building or Electrical Codes, as amended, as to design, structural members and connections.

(19)

Pole signs, except as otherwise provided for in this Part 9.

(20)

Electronic message centers, except as used to display time and weather information.

(21)

Billboard or billboard signs.

(22)

Any sign located or displayed upon any sidewalk or street or area between the sidewalk and curb, or projecting on or over a sidewalk or street, except as provided in this Part 9.

(23)

Signs erected or painted or composed of day-glo or phosphorescent or similar material.

(24)

Hand-lettered interior window signs.

(25)

Exhibiting statements, words, pictures or images of an obscene or pornographic nature.

(26)

Signs attached to, projecting from or hanging underneath a building eave.

(27)

Signs which are internally illuminated.

(28)

Signs which are created, maintained or exist as signs which are projected by or through illumination.

Standards generally.

(1)

No sign may be erected or maintained so as to obstruct free ingress or egress to building openings, driveways, sidewalks or other passageways.

(2)

Illumination.

(a)

No sign shall be illuminated other than by external illumination and except as provided herein.

(b)

All light shall be designated to minimize glare, and light levels off site from sign lights shall be less than 0.1 footcandles.

(c)

Flashing signs, highly reflective glass or fluorescent paint (red or green) and illuminated tubing outlining roofs, doors, windows or wall edges of a building are prohibited.

(d)

Any permitted sign may be illuminated 1/2 hour before and after closing. No sign within 150 feet of any residential zone shall be illuminated between the hours of 11:00 p.m. and 6:00 a.m. unless the business is open during these hours.

(e)

The Township of River Vale encourages illumination of signs from external sources, provided glare is minimized. Wherever it is impractical to provide such a source of illumination, only as specifically permitted by this article, and if a variance is granted by the Joint Planning Board, internally illuminated signs may be permitted. Light sources from internally illuminated signs shall not be visible from outside the sign, and the light from the light source shall be diffused to eliminate hot spots. Light sources shall be protected from damage. Light levels at property lines shall be less than 0.1 footcandles.

(f)

The Township of River Vale encourages signs which are carved wood or resembling carved wood of man-made materials, of appropriate colors and excluding red and yellow, and are externally illuminated.

(3)

Every sign in the Township, including signs exempted from obtaining a sign permit, shall be maintained in good repair and good structural condition at all times, including painted or otherwise finished surfaces, as well as all parts and supports which must be maintained in their design condition and position. Broken parts of signs must be replaced or repaired within 15 days of notification by the Construction Official and in such a manner as to maintain the appearance and structure of the sign as it was approved for installation.

(4)

The Construction Official shall have the authority to order the painting, repair, alteration or removal of signs which have not been properly maintained or repaired or which have become dilapidated or are abandoned or which constitute a hazard to public safety.

(5)

Signs of an obscene or pornographic nature shall be unlawful. The Construction Official shall order the immediate removal of such signs.

(6)

No permanent signage, other than allowable temporary window signs, shall be constructed of paper, nylon, fabric or any other type of nondurable material.

Signs in residential zone districts. The following signs are allowable in residential zoning districts:

(1)

Signs relative to the sale, lease or rental of property erected on the offered property. A maximum of one sign, not exceeding six square feet in outline area per facing for single- or two-family residences, or 10 square feet in outline area per facing for other uses. No sign shall exceed six feet in height from grade to the highest point on the sign. Such signs shall be removed within 14 days of completion of the sale, lease or rental of property. This includes the posting of such property as sold, leased, or rented.

(2)

Institutional signs and other signs for churches, schools, fraternal organizations and other nonprofit organizations. Such institutions shall be permitted one institutional monument sign and one institutional wall sign pursuant to the following requirements:

(a)

Institutional monument signs. One monument sign per lot, not exceeding six feet in height from grade to the highest point on the sign. The bottom of the sign face shall not exceed a height of three feet above the surrounding grade at the base of the sign. No monument sign shall be located any closer than 10 feet to any property line, except that no monument sign shall be located closer than 25 feet to any residentially utilized lot. No institutional monument sign shall exceed 18 square feet in outline area per face.

(b)

Institutional wall signs. One wall sign not exceeding one square foot per 10 linear feet of street frontage of the total square footage of the building face upon which it is placed having street frontage. In no case shall the sign area exceed 24 square feet. In those cases where a parcel or lot has more than one street frontage, one wall sign may be placed on each street frontage. Wall signs shall be face-mounted on the building/structure, projecting not more than 14 inches from the face of the building. Such signs shall not project above the parapet wall, mansard or other roofline, shall be recessed where involving a pitched roof location and shall be located so as to not create a safety or traffic hazard.

(3)

Construction information signs. One construction information sign not to exceed 24 square feet in outline area per facing. The maximum height of such signage shall not exceed 15 feet in height above the average existing finished grade elevation of the sign or the elevation of the adjacent street, whichever is higher. Such signage shall be removed within 30 days after the last lot or building is sold within the development.

(4)

Political signs.

(5)

Residential subdivision identification signs. One permanent subdivision identification sign not exceeding 24 square feet in size per face inclusive of any logo shall be allowed per development. Where the development has access on two or more streets, or has more than one entrance on one street, identification shall be allowed at each entrance. Subdivision identification signs shall not exceed eight feet above the adjacent ground surface.

(6)

Multifamily identification signs. One sign not more than one square foot for each 10 linear feet of street frontage, but in no case to exceed 32 square feet in size per face shall be allowed per multifamily development project except where the project fronts on two or more streets. One sign shall be permitted on each frontage, provided that the project has a major traffic entrance on the street where the sign is to be erected. Multifamily identification signs shall not exceed eight feet above grade.

(7)

Temporary residential garage sale signs not to exceed six square feet in area nor a height in excess of eight feet from the ground and located upon the premises where the sale is taking place, only after issuance of a permit allowing such garage sale. Such sign shall only be displayed for one week prior to such sale and shall be removed within 24 hours after the sale is closed.

(8)

Special displays. Such displays shall not exceed 32 square feet and shall be used for holidays or promotion of civil welfare or charitable purposes.

(9)

Signs for home occupations or home professional offices.

Signs in nonresidential zone districts.

(1)

Wall signs. Wall signs are permitted for all business, office, industrial or commercial establishments.

(a)

Wall-mounted signs for establishments with a single tenant shall comply with the following:

[1]

One wall sign may be placed along the street frontage, provided it does not exceed 10% of the total surface area of the building face upon which it is placed or 32 square feet, whichever is lesser.

[2]

In those cases where a parcel or lot has more than one street frontage, one wall sign may be placed on each street frontage, provided such wall sign shall not exceed 10% of the total surface area of the building face upon which it is placed or 24 square feet, whichever is lesser.

[3]

Wall signs shall be face-mounted on the building/structure, projecting not more than 14 inches from the face of the building nor above the first floor of the building. Such signs shall not project above the parapet wall, mansard or other roofline and shall be located so as to not create a safety or traffic hazard.

(b)

Wall-mounted signs for buildings or establishments with multiple tenants shall comply with the following:

[1]

For buildings and property containing more than one business or tenant, and where each business tenant occupies a physically distinct ground floor space or has a separate ground floor entrance, each business or tenant may have one wall sign conforming to the requirements of this section. For the purposes of determining the sign area permitted, only the face of each respective lease unit to which the respective sign will be attached shall be counted. Each sign must be attached to the leased unit containing the business tenant identified.

(2)

Monument signs. Monument signs are permitted in commercial districts only. Monument signs shall comply with the following:

(a)

One monument sign, not exceeding four feet in height from grade to the highest point on the sign, shall be permitted.

(b)

The bottom of the sign face shall not exceed a height of 1 1/2 feet above grade at the base of the sign.

(c)

No monument sign shall be located any closer than five feet to a front property line nor 10 feet to any other property line, except that no monument sign shall be located closer than 25 feet to any residentially utilized lot.

(d)

A maximum sign area, in square feet, equal to one square foot in size for every 10 feet of linear street frontage, shall be permitted subject to a maximum area of 24 square feet.

(3)

Window signs. Window advertising signs shall be prohibited in all districts, with the exception of permitted ground level retail and personal service business uses and eating and drinking establishments, subject to the following conditions:

[Amended 4-24-2006 by Ord. No. 149-2006]

(a)

Information on such signs shall be limited to advertisements for special promotions, temporary sales and other such similar nonpermanent sales promotions related to the relevant business. An exception shall be granted for restaurants, which may post one menu not larger than two square feet in size.

(b)

Such signs may be constructed of paper, cardboard or other such written, numerical, graphic or photographic material or information displayed in the window of such establishment.

(c)

Such signs shall be contained entirely within the ground level interior of the building in which the business is located.

(d)

The maximum total area of such signs shall not exceed 25% of the total area of the ground level windows, including window portions of doors, fronting on public streets. (Seventy-five percent of the window area shall be open without merchandise displayed so as to obstruct visibility through the glass at an elevation of six feet above grade from inside or outside the space.)

(e)

Such signs shall be maintained in an orderly manner at all times; no such sign shall be added, torn or improperly kept.

(4)

Directory signs.

(a)

Directory signs in these districts shall be permitted as follows: For office and mixed use commercial buildings with two or more businesses or tenants, a directory sign may be used subject to the following provisions:

[1]

Buildings containing less than 50,000 square feet and more than 10,000 square feet of gross floor area may have one directory sign containing a maximum of 20 square feet of sign area. Buildings containing more than 50,000 square feet but less than 150,000 square feet of gross floor area may have one directory sign containing a maximum of 40 square feet of sign area.

[2]

Directory signs shall be either a monument sign or wall sign. The maximum height for a directory sign shall be eight feet from the surrounding grade to the highest point on the sign.

[3]

No directory sign shall be located any closer than 10 feet to any property line, except that no directory sign shall be located any closer than 25 feet to any residentially utilized lot.

(b)

Directory signs for office, mixed use or commercial buildings shall be limited to one wall-mounted directory sign not exceeding six square feet in size and no higher than 12 feet above surrounding grade, in addition to permitted wall.

(5)

Gasoline service station signs.

(6)

Signs on secondary entrances. Each building or property may have one additional wall sign or directory sign conforming to the requirements of this section on walls containing a main entrance that faces customer parking areas and are not visible from either a public or private street. The content of such sign shall be limited to the name(s) of the business(es). Such signs shall be attached to the same wall as their respective entrances, and both the signs and the entrances must be upon the same plane of the building.

Standards for specific uses.

(1)

Gasoline service station signs. In addition to the signage allowed, the following signs shall be allowed for gasoline service stations:

(a)

Freestanding sign.

[1]

A maximum of one freestanding sign, consisting of a monument sign, is permitted.

[2]

The maximum sign area of a monument sign, including the sign frame, shall not exceed 80 square feet, inclusive of gasoline service station price sign. Such sign shall not be separated from the gasoline price sign but shall appear as a single integrated sign.

[3]

The maximum sign area of a monument sign, including the frame, shall not exceed 50 square feet, inclusive of gasoline service station price sign.

[4]

A monument sign shall not exceed six feet in height and shall be set back a minimum of five feet from any property line.

(b)

Gasoline service station canopy signs.

[1]

A gasoline service station with a canopy shall be permitted two canopy signs in total.

[2]

The canopy sign or signs shall collectively not exceed 20 square feet in area.

[3]

The canopy sign shall be a flat sign permanently affixed to the vertical face of the canopy and shall not project above or below or from any side of the vertical face of the canopy.

[4]

The canopy sign may be illuminated by internal and nonintermittent light sources.

[5]

A business logo, inclusive of striping or other symbols, may appear on this canopy sign as part of the allowable sign area. Any striped area of the canopy shall be counted towards the permissible area of the sign.

(c)

Pump signs.

[1]

Signs shall be allowed on gasoline pumps so as to provide the required information to the public regarding octane rating, price, type of fuel, federal and state stamps, pump use directions and "no smoking."

[2]

The trade name and any associated symbols shall be permitted on the sides of the pumps as flat signs located no more than three feet above the ground and not to exceed one square foot in sign area per pump.

[3]

"Self-service," "full-service" or other information signs may identify each pump island on the gasoline service station property. The location of such signs shall be limited to the gasoline pump or the canopy support located at each end of the pump island or between the canopy supports as a spandrel panel.

[4]

A maximum of two such signs shall be allowed per pump island, and each sign shall not exceed two square feet in sign area when placed on the gasoline pump or when located at each end of the pump island or between the canopy supports as a spandrel panel.

(d)

Gasoline service station price signs. Gasoline service station price information may be incorporated into a monument sign or mounted on a pole sign, provided that the total area of the price sign not exceed 20 square feet in area.

Standards for other signs.

(1)

Political campaign signs.

(a)

At no time whatsoever may political campaign signs or stickers of any type or size be affixed in any way to utility poles, traffic signs, traffic signal boxes or poles, mailboxes, fire hydrants or any public fixtures, or be placed in any way on highway dividers, islands or overpasses or above (across) streets or highways or on any public property.

(b)

No political campaign sign shall be erected or posted on private property without the express written consent of the owner of the property, who shall then be responsible for compliance with this section.

(c)

Individual, freestanding billboard-type political campaign signs shall be permitted. Such signs may not obstruct traffic or sign lines. At no time whatsoever may political campaign signs of any type or size be lighted or be made of any reflecting materials.

(d)

No political signs of any type or size shall be erected or posted earlier than 90 days before any election, nor shall any such signs remain longer than 10 days after such election.

(e)

Removal of political signs.

[1]

Every political campaign sign, billboard, poster or structure erected for advertisement pertaining to any candidate, slate of candidates or organization for a local, county, state or national elective office or issue or issues for public consideration in any primary, general, school board or special election shall be removed by the person or persons responsible for the erection of such sign, billboard, poster or structure within five days after the date of the election to which such sign, billboard, poster or structure pertains.

[2]

Presumption. It shall be presumed that all persons named on any such political campaign sign, as well as the finance chairperson and campaign manager for the individual or political party named in said political sign, shall be responsible for the removal of political campaign signs.

[3]

Penalties. Any person, regardless of political affiliation, found to be a perpetrator, including any business, political party or entity violating the provisions of this section, may be punished as provided in Chapter 1, General Provisions, Article I, § 1-14. Violation of any of the provisions herein shall be deemed continuing and, for each and every day or part thereof that a violation of this subsection is found to exist, the court may impose a separate penalty as stated herein.

[4]

Enforcement. The provisions of this subsection shall be enforced by the Construction Official.