Washington Township
City Zoning Code
City Zoning Code
ARTICLE XL
Billboards
[Added 6-10-2009 by Ord. No. 18-2009]
§ 285-294 Dimensional requirements.
A.
No billboard sign may exceed the maximum height of 35 feet from ground level. Ground level shall be the lesser of the natural ground level or the ground level before taking into account any berm or other elevation on which the sign may be situate.
B.
The maximum advertising surface shall not exceed an area measured at 10.5 feet by 36 feet for each display area, with a maximum of two display areas on one side, and a maximum of two display areas on the opposite side. The maximum overall size cannot exceed 12.5 feet by 36 feet.
C.
The maximum advertising surface area shall not exceed 756 square feet for each side.
D.
Area not utilized for display, or boundary or border area, shall not be calculated in the square footage of the advertising sign.
§ 285-295 Compliance with state laws.
A.
All billboard signs must be in compliance with the Roadside Sign Control and Outdoor Advertising Act (N.J.S.A. 27:1A-5, 27:1A-6, 27:5-5 et seq.).
B.
No billboard sign shall be applied for or erected until approval shall have been obtained from the New Jersey Department of Transportation and the New Jersey Turnpike Authority and a license issued for off-premises billboard signs at the specific location being applied for.
§ 285-296 Location restrictions.
[Amended 9-13-2017 by Ord. No. 14-2017]
Off-premises billboard signs shall be permitted only in the zones identified as HC and CI, where said zone or zones are adjacent to the Atlantic City Expressway. The billboard signs shall be positioned so that their intended direction of visibility shall be from the Atlantic City Expressway and are intended to be visible only from a limited access highway.
§ 285-297 General regulations.
A.
No billboard sign or signs shall be placed less than 2,000 feet apart within the HC Zone and less than 1,000 feet apart within the CI Zone. No billboard sign shall be placed within 1,000 feet of any municipal boundary within the HC Zone or within 100 feet of any municipal boundary within the CI Zone.
[Amended 9-13-2017 by Ord. No. 14-2017]
B.
Any off-premises billboard sign to be erected under this article shall be buffered to restrict visibility from residential zones and residential dwelling units. A minimum buffer width of 100 feet shall be provided between any billboard and residential use or zone. Buffers are further described in § 285-298 herein.
[Amended 9-13-2017 by Ord. No. 14-2017]
C.
The minimum distance (spacing) between permitted locations of billboards shall be measured along the nearest edge of the pavement between points directly opposite the side of the sign faced nearest the center line of the right-of-way of the highway where the sign side shall be erected and shall apply only to the permitted location in the HC and CI Zones.
[Amended 9-13-2017 by Ord. No. 14-2017]
D.
Double-faced-type billboard signs shall be permitted only under the terms and conditions of this article.
E.
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.
F.
There shall be a minimum front yard setback (The front yard shall be the portion of the lot facing the Atlantic City Expressway.) which shall be not less than 10 feet actual setback as measured from the right-of-way line of the limited access highway, unless permitted within the right-of-way via permit from the applicable agency of the State of New Jersey having jurisdiction over outdoor advertising signs. The minimum feet per side yard setback shall be not less than 20 feet from any proposed buffer or berm.
[Amended 9-13-2017 by Ord. No. 14-2017]
G.
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 Gloucester or the Township of Washington.
H.
No outdoor advertising signs 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.
I.
No outdoor advertising signs shall interfere with or contain advertisements that resemble any official traffic sign, signal or device.
J.
No outdoor advertising sign shall be painted, drawn, erected, or maintained upon trees or other natural features or public utility poles.
K.
No outdoor advertising sign shall be of a type, size or character or shall be placed at a location that will endanger or potentially injure public safety or health or that will pose a physical threat to property in the vicinity thereof.
L.
No outdoor advertising signs shall be permitted which advertise activities that are illegal under federal, state or local law.
M.
No outdoor advertising signs shall be permitted which may impair the vision of a motorist.
§ 285-298 Landscaping.
Landscaping which contains buffers for off-site billboards shall be designed and constructed in accordance with the following standards:
A.
Billboards shall be suitably landscaped to improve the environment of the site and surrounding area and to protect the general welfare of the public, so that the sign shall be shielded by buffers, which shall be located not less than 40 feet from the edge of the right-of-way to the edge of the berm, which shall contain the buffer. The purpose of the berm described hereinafter is 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.
B.
Landscape shall be constructed in accordance with the standard description attached hereto and made a part hereof, as Exhibit A,[1] and shall consist of a berm elevated to five feet, on which and in which shall be located deciduous trees, which shall, at the top of the berm, at the time of installation, be not less than 19 feet in height, with a total berm and tree elevation of 24 feet minimum, or 80% of the height of the sign.
[1]
Editor's Note: Said exhibit is on file in the Township offices.
C.
In addition to the trees, the plant types which shall be installed shall be a mixture of hardy evergreen and other deciduous canopy and understory trees and shrubs, which shall be indigenous to the area. A conscious effort shall be made to preserve and incorporate the existing vegetation on site, wherever possible. The support structure for the billboard shall be screened with evergreen and deciduous shrubs and trees. The final spacing and species mixture shall be as approved by the Planning Board Planner.
D.
Balled and burlapped trees shall be planted so that at least 25% of the understory trees and shrubs have not less than a four-foot minimum planting size.
E.
All plant material installed as part of a billboard planting screen shall be guaranteed for a period of two years.
F.
The berm shall be constructed in accordance with the berm detail attached and made a part hereof as Exhibit A,[2] along with a slope ratio of one to two feet.
[2]
Editor's Note: Said exhibit is on file in the Township offices.
G.
The berm shall be constructed so as to conceal 80% of the sign elevation and shall be of that length so as to conceal 80% of the elevated sign from any visible dwelling houses and residences, as per Exhibit B[3] appended hereto and made a part hereof.
[3]
Editor's Note: Said exhibit is on file in the Township offices.
§ 285-299 Approval and review procedures.
No off-premises sign shall be approved except under the following procedure:
A.
Permitted conditional use. The following principal use and uses are permitted conditionally upon a determination 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.
B.
Application and review procedures.
(1)
An application for billboard site plan review approval and general application may be obtained from the Planning or Zoning Office upon proper request and a fee covering costs for said application. It shall be the right of any applicant to request a meeting with the Planning Board or Zoning Board of Adjustment to review in concept form the application, in which event, the applicant shall submit elevations, size, configuration, colors, buffers and specific locations of the signs for review and recommendation by the Board.
(2)
Any applicant desiring to obtain a site plan approval and permitted conditional use under Subsection A herein shall file with the Planning Board Secretary or Zoning Board of Adjustment Secretary copies of the required plans and information in accordance with the application checklist and the required fee at least 30 days prior to the regular meeting of the Planning Board from which review is sought. The appropriate Board Secretary, upon determination that the submission is complete, shall distribute copies as applicable to the Planning Board Engineer, Environmental Committee, the Fire Commissioners, Tax Assessor, Township Construction Official, Township Clerk, Planning Board office, Solicitor for the Planning Board, and such other agencies as may have specific jurisdiction over the application.
C.
Review, action and timing.
(1)
At a public meeting of the Planning Board within 45 days of submittal of the required information, or within a mutually agreed upon time extension, the hearing board, as the case may appear, shall approve or conditionally approve or disapprove the application for conditional use under Subsection A herein and any site plan relating thereto. The reason for approval or any disapproval shall be set forth in full in the minutes of the Board hearing the application, and notice shall be given to the applicant in written form within 30 days of such action.
(2)
The hearing board shall adopt a resolution containing findings of fact.
D.
Changes. In the event the hearing board shall require a substantial change in the layout, the applicant shall submit an amended or revised plan. If changes are required by the hearing board, approval may be given subject to the submission of an amended plan so long as the use shall have been approved by the hearing board. The action of the hearing board shall be noted in the final resolution, and the final site plan shall be filed in accordance with all of the findings of the hearing board.
E.
No permit shall be issued until such time as the application shall have been fully approved by the hearing board.
§ 285-300 Fees and costs.
A.
Application fee. The application fee shall be the sum of $250 to be paid to the Township of Washington and delivered to the Secretary of the Planning Board at the time of the application filing.
B.
Escrow fee.
(1)
An escrow fee in the amount of $1,500 shall be paid to the Township of Washington and submitted to the Secretary of the Planning Board at the time the application shall be filed. Inspection escrow will be determined at the time of approval by the Planning Board.
(2)
The escrow fee shall be held in escrow by the Township, and any sums not utilized in the review or inspection process shall be returned to the applicant. A strict accounting of all sums expended will be provided to the applicant pursuant to applicable state regulation.
(3)
In the event additional sums should be required, the applicant shall be notified in writing by the Secretary of the Planning Board of the required additional amount, and the applicant shall promptly submit such additional amount as escrow to the Township. In the event the applicant fails within 20 days to submit the additional sums required under this application, the application shall be deemed incomplete and shall be held in abeyance until such time as the applicant shall correct the deficiency.
C.
The Township of Washington shall itemize any and all expenditures and costs and provide a full and complete disclosure to the applicant in written form in accordance with State of New Jersey regulations.
D.
In the event of any deficiency at the completion of all proceedings and hearings, all costs should be paid in full by the applicant before the building permit shall be issued by the Township, and following the procedure outlined herein, the Secretary of the Planning Board shall advise the Construction Official of the deficiency. The Construction Official shall not issue any building permit until all such deficiencies have been paid in full to the Township of Washington. All communications relating to expenditures, costs, escrows and notices shall be in written form.
§ 285-301 Violations and penalties.
A.
Any person, partnership, corporation or entity violating any of the provisions of this article shall be subject to the penalties provided by § 285-19 of this chapter. In addition, any permit or approval issued by the Township of Washington or certificate relating to the application, whichever the case may be, may be revoked by the Township Committee at its option after due notice to the applicant of the deficiency and violation.
B.
Compliance. Notwithstanding any penalties herein described which shall be imposed for the violation of any provision of this article, the Planning Board of the Township of Washington, as the case may be, shall be entitled to take such other action or institute such other proceedings in a court of competent jurisdiction that may be required to enforce the provisions of the article or the provisions of any approval granted.
