West Caldwell City Zoning Code
§ 20-24.1
Sign Application and Permit Requirements.
[Ord. 890 § 20-24.1; Ord. No. 937; Ord. No. 1425 § 5; Ord. No. 1464 § 14; Ord. No. 1488 §§ 4, 16; Ord. No. 1745 § 9]
Every sign as defined in § 18A-5 of the Land Use Procedures Ordinance hereafter or heretofore constructed, reconstructed, erected, altered, replaced, located, relocated, maintained, displayed or used shall be authorized and valid only upon the issuance of a sign permit as hereinafter provided, excepting only such signs as may be exempt from such permit requirements as hereinafter set forth.
Prior to the issuance of any sign permit, an application for sign approval pursuant to Subsection 18A-8.1 of the Land Use Procedures Ordinance shall be filed with the Township Code Enforcement Agency. Such application shall describe the premises, the name of the property owner and property owner's agent, and the existing and/or proposed signs, with a plan drawn to scale showing the location of all buildings and structures and all existing and/or proposed signs and the details thereof as to lettering, illustration or other displays, dimensions, height, nature of construction, colors, materials, illumination and location on the premises or on the building or structure. In addition, when required by the Planning Board, the applicant shall supply sufficient design information and data to substantiate the adequacy of the sign structure, including, but not limited, to the ability of the structure to support the sign weight and to withstand maximum wind pressures from any direction.
a.
A Sign Committee consisting of three members of the Planning Board appointed by the Chairman of the Planning Board is hereby established. All responsibilities and authorities of the Planning Board herein pertaining to signs shall be delegated to, and administered by, the Sign Committee, except as other Township agencies or officers may be designated by the Board pursuant to Subsection 18A-8.1 of the Land Use Procedures chapter.
b.
Upon the filing of an application, the Township Code Enforcement Agency shall refer the application and any accompanying plan, information and data to the Sign Committee for consideration and approval or disapproval thereof.
c.
In the event that the Sign Committee shall approve the application, the approval shall be put in writing together with any conditions thereof which shall then be forwarded to the Township Code Enforcement Agency who shall issue a permit for the sign as provided herein.
d.
In the event that the Sign Committee shall disapprove the application, the disapproval shall be put in writing together with the basis therefor which shall then be forwarded to the Township Code Enforcement Agency who shall transmit a copy to the applicant.
e.
In the event that the Sign Committee shall disapprove the application, the applicant may request in writing a hearing de novo before the Planning Board by filing an application for development in accordance with the provisions of the New Jersey Municipal Land Use Law and Chapter 18A of the Revised General Ordinances of the Township of West Caldwell.
f.
Except as permitted herein, no sign approved by the Planning Board or the Sign Committee shall be reconstructed, altered, replaced or relocated without prior written approval of the Sign Committee.
g.
All sign permits shall automatically expire one year from the date of issuance unless fully implemented prior thereto.
h.
Pursuant to the Municipal Land Use Law (N.J.S.A. 40:55D-5), existing nonconforming signs may continue, subject to the provisions of § 20-18 and the following:
1.
If a nonconforming sign, or a use identified by the same, shall be abandoned or discontinued, any subsequent replacement or reuse of such sign shall conform to the provisions hereof.
2.
If a nonconforming sign is hereafter enlarged or relocated, or if the lettering, illustration or display are changed, then such sign shall conform to the provisions hereof. The foregoing shall not be construed to include normal and reasonable maintenance or repair.
3.
Maximum sign area, quantity and other sign provisions contained herein shall include all conforming and nonconforming signs on the property.
i.
Sign permit fees shall apply to all signs in accordance with, and as regulated by, the provisions of the Building Code excepting only such signs as may be exempt as hereinafter provided. In addition to other sign permit fee exemptions contained herein, signs erected, maintained or owned by non-profit charitable, philanthropic, fraternal and religious organizations pursuant to Subsection 18A-8.8 of the Land Use Procedures chapter, or temporary signs which are removed within 45 days after installation, shall be exempt from sign permit fees, but shall not be exempt from application or permit requirements or other sign provisions contained herein.
j.
Signs expressly designed and approved for periodic changes in the lettering, illustration or display shall not require sign applications or permits for periodic changes which do not involve alteration, relocation or reconstruction of the sign structure or its supporting members.
k.
Sign permits shall expire immediately upon (1) the removal, replacement, alteration or relocation of the applicable signs or (2) discontinuance or abandonment of the applicable use of the property on which the signs are located, and all such signs shall be removed within 30 days thereafter. The building wall or background surface on which such signs were affixed, if applicable, shall be repaired or refurbished so as to leave no perceptible indication of the prior existence of such signs.
l.
The Township Code Enforcement Agency may at any time revoke a sign permit pertaining to any sign constructed, reconstructed, erected, altered, replaced, located, relocated, maintained, displayed, or used in violation of the provisions herein.
m.
In cases of properties having exceptional shapes, topographic conditions or physical features, or having unusual buildings or structures located or oriented thereon, or where unusual or significant sign visibility and/or safety considerations otherwise exist, the Sign Committee shall determine and specify sign regulations which shall apply thereto, provided that such regulations shall, to the extent practical, conform with the intent of sign restrictions otherwise applicable to such properties.
n.
Notwithstanding the provisions of this section, the Planning Board shall exercise all the responsibility and authority of the Sign Committee when acting on an application for development which is either the result of a Sign Committee decision or a request for variance from the sign regulations contained herein, except that the resolution of the Board of Adjustment shall substitute for that of the Planning Board whenever the Board of Adjustment has jurisdiction over said application for development pursuant to the Municipal Land Use Law (N.J.S.A. 40:55D-76b).